Newly elected Governor of Florida, Rick Scott has begun his term by signing the much debated Executive Order 11-02 requiring state agencies to use the E-verify system to check whether all current and prospective agency employees are authorized to work in the United States. The order also requires state agencies to include in all state contracts a requirement that contractors utilize the E-Verify system to verify the employment eligibility of:

  • All persons employed by the contractor during the contract term to perform duties within Florida.
  • All persons, including subcontractors, assigned by the contractor to perform work under the contract with the state agency.

The Executive Order indicates that employers must use E-Verify to check the employment eligibility of “current and prospective employees.” However, E-Verify can only be used to verify the employment eligibility of new hires, with the exception being federal contractors with the Federal Acquisition Regulation clause. The text of the Executive Order instructs state agencies to include the E-Verify requirement for all state contractors and subcontractors expressly as a condition of state contracts. Based on this wording, it appears this requirement will only affect new state contracts. Employers who hold state contracts should pay close attention as this requirement takes effect.

EMPTrust can help you with your I-9 and E-Verification process. EMPTrust’s software application allows companies to manage I-9 forms and seamlessly integrate with employment eligibility verification (E-Verify) all at one go.