Work Authorization: Florida

This Work Authorization policy applies to employees working in Florida and explains how your organization will meet Florida's E-Verify and employment eligibility requirements under Fla. Stat. § 448.09 and Fla. Stat. § 448.095, including completing Form I-9 and using E-Verify for new hires. It sets clear, consistent expectations for handling work authorization questions in a way that supports compliance and avoids unfair or discriminatory treatment based on citizenship status or national origin.

The History Behind Work Authorization Policies in Florida

This Work Authorization policy reflects decades of federal immigration enforcement that shaped everyday Workplace Rules & Logistics for employers. Congress put the modern system in place with the Immigration Reform and Control Act of 1986 (IRCA), which made it illegal to knowingly hire or keep employing someone who isn't authorized to work in the U.S. IRCA also created the Form I-9 process and paired it with anti-discrimination rules that limit how employers can ask for documents and treat candidates based on citizenship or national origin.

Employers got another tool in 1996 when Congress authorized E-Verify as an electronic check tied to federal databases, and it grew quickly in industries that face frequent audits and subcontracting risk. Florida later moved from "available if you want it" to "you must use it" for many employers. Florida Statutes Section 448.09 reinforced the state's ban on knowingly employing unauthorized workers, and Section 448.095 added Florida's E-Verify requirements for employers and public contractors, with enforcement hooks that can include contract consequences and reporting obligations.

Federal enforcement also pushed employers to write down their approach, because I-9 mistakes can trigger real penalties even when nobody intended to break the rules. The Department of Justice's Immigrant and Employee Rights Section has brought cases over document abuse and citizenship-status discrimination, and those settlements made the compliance message plain: you have to verify work authorization consistently and you can't "play immigration officer" by demanding specific papers. Florida's E-Verify mandate then turned consistency into a day-to-day operational requirement for many HR teams, especially for onboarding at scale and for roles tied to government work.

Which Law is the Work Authorization Policy Meant to Comply With?

If you create and distribute a Work Authorization Policy for your Florida-based employees, it is in an effort to comply with Florida's Unauthorized Aliens, Employment Prohibited (Fla. Stat. § 448.09) and Verification of Employment Eligibility (Fla. Stat. § 448.095).

How to Write a Florida-Specific Work Authorization Policy

• Start with "why" and introduce the concept of fair hiring and lawful work authorization.
• State that your organization follows federal and Florida rules on employment eligibility and work authorization.
• Require completion of Form I-9 and E-Verify verification for new hires.
• Prohibit knowingly hiring individuals who aren't authorized to work in the U.S.
• Explain that your organization will take legally required action if it learns someone lacks work authorization.
• Commit to verifying work eligibility consistently for everyone to support non-discrimination compliance.
• Direct employees to contact your HR team with work authorization questions rather than making assumptions.

When to Include this Policy in Your Employee Handbook

The law does not require you to publish a policy or issue a specific notice. That said, you still have to comply with the requirements that apply to you as an employer. 

This is a "depends on your workplace" policy. Include it if you offer the benefit, operate in a setting where this comes up, have a state-specific rule that differs from your national approach, or you've had issues in this area before. If you already have a clear all-employee policy that covers the same ground (and it meets Florida's requirements), you may not need a separate policy here. 

Other Considerations

The law applies to Florida employers who have at least 25 employees working in the US.

Exceptions

None.