Have only 1 employee? You might have to use E-Verify too

January 16, 2026

A bill that would require all businesses, no matter how many people they employ, to use E-Verify, passed the Florida House on Jan. 15.

• The Florida House passed a bill to require all businesses, regardless of size, to use the E-Verify system.

• This bill would remove the current law's requirement that only businesses with 25 or more employees must use E-Verify.

• Supporters argue the measure creates fair competition, while opponents say the system is unreliable and harms immigrant communities.

If you're a business owner in Florida and you have only one employee, you might soon have to use E-Verify too.

The Florida House of Representatives on Jan. 15 passed a bill that would remove the 25-employee threshold in current law. If the House gets its way, all businesses, no matter how many people they employ, will have to use E-Verify, the federal online system that allows employers to confirm whether new hires are legally authorized to work in the United States.

Rep. Berny Jacques, a Seminole Republican and sponsor of the bill, filed a similar bill last year, but it never had a chance in the Senate. Jacques believes his measure's chances of success are better in the 2026 legislative session.

"If this bill passes it will expose a lot of lawbreakers that are harming Floridians, harming law-abiding people who want to get into the workforce, harming law-abiding businesses," Jacques said on the House floor.

"This system, if it's applied to to all, the competition will be fair to all," he added.

Jacques' bill builds off a Florida law (SB 1718) that passed in 2023, dubbed one of the toughest immigration laws at the time. That bill originally required E-Verify for all businesses, but the final iteration set the limit at those with more than 25 employees, which is still law.

But this year it's different. Now there's a Senate companion bill sponsored by Sen. Jonathan Martin, R-Fort Myers this year, unlike years past when Republicans were hesitant to make a move against business interests.

And since President Donald Trump took office for his second term, Florida has positioned itself at the forefront of illegal immigration enforcement, a move that has been pushed by Gov. Ron DeSantis and Republican leaders.

Would Florida businesses be punished for not using E-Verify?

The bill punishes businesses that fail to use the E-Verify system three times in any 24-month period a fine of $1,000 per day until the employer provides proof of compliance. Noncompliance constitutes grounds for the suspension of all licenses issued by a licensing agency subject.

Democrats argued E-Verify is unreliable and that an I-9 form suffices to check if someone is approved to work.

"At a time when where these communities are under attack, we don't need to add any more fuel to that fire," said Rep. Dotie Joseph, D-Miami. Stop doing the most, just leave hard working immigrants alone."

While the House bill passed with 80 yeas and 30 nays, the Senate version of the E-Verify bill has yet to be heard in committee.