On May 10, 2023, Florida Governor Ron DeSantis signed into law Florida Senate Bill 1718. This new law takes aim at illegal immigration on a state level. Most provisions go into effect on July 1, 2023, impacting not just undocumented individuals, but also any persons that may employ or travel with undocumented immigrants. Here we break down what exactly this law intends to do and how it may impact you.

State Licenses. Several states issue driver’s licenses to classes of persons that either do not have lawful presence in the United States, or that did not provide proof of having lawful presence in the United States. Florida will no longer recognize these licenses as valid. Meaning that if you’re stopped by law enforcement in Florida, and the your driver’s license is one that is issued to a class of persons without proof of lawful presence, then you can be charged for driving without a valid license.

Data Collection in Hospitals. It will be required of hospitals that accept Medicaid to collect data on their forms about whether a patient is a U.S. citizen, lawfully present in the United States, or not lawfully present in the United States. This data must be reported annually to the Governor and the Legislature, along with data reporting the number of hospital admissions, the number of emergency department visits, the costs of uncompensated care for persons who are not lawfully present in the United States, and the impact of uncompensated care on the hospital’s ability to provide services to the public.

Penalties for Employment of Unauthorized Immigrant Workers. An employer that is found to knowingly “employ, hire, recruit, or refer” an immigrant who is not authorized to work, may receive varying levels of penalties, including probation, a suspension of a license to do business, or a revocation of a license to do business. An unauthorized worker who knowingly uses a false ID to work, or is fraudulently using another person’s ID to work, may be charged with a 3rd degree felony. Unlike the other provisions of the law, this one does not go into effect until July 1, 2024.

E-Verify. An employer must verify each new employee’s employment eligibility within 3 business days of the first paid day of work. Copies of documents relied upon to ascertain eligibility to work should be retained. Public agencies must require in their contracts that their contractors and subcontractors register with and use the E-verify system. Private companies employing 25 or more employees must use the E-verify system to verify a new employee’s eligibility to work. The requirements go into effect on July 1, 2023, but the penalties will not start to accrue until July 1, 2024. Once the penalties do start to accrue, if an employer is found to be noncompliant, then they will be given 30 days to remedy the noncompliance. If an employer is found to be noncompliant 3 times in any 24-month period, then a fine of $1,000 per day will be imposed until there is sufficient proof that the noncompliance has been cured. The company’s licenses to do business may also be suspended. There are several parts to this new requirement, and many important details. If you are an employer, contractor, or subcontractor doing business in Florida, then it is recommended you consult with an attorney about your legal obligations.

DNA Database Collection. Florida collects DNA samples from persons arrested for a felony offense, or convicted of a felony offense or even some misdemeanor violations. The collection of DNA will now be expanded to include persons that are in custody due to an immigration detainer. It is now directed that a DNA sample must be taken immediately from any individual held on an immigration detainer in state or local custody.

Human Smuggling. You may be charged with a 3rd degree felony if you knowingly transport into Florida an individual that you know, or reasonably should know, has entered the United States in violation of law and that has not been inspected by the Federal Government since the unlawful entry. If the individual being transported is a minor, then the charge may rise to a 2nd degree felony.

Unauthorized Alien Transport Program. An additional $12 million was placed into the “Unauthorized Alien Transport Program” which is used to relocate “inspected unauthorized aliens” from Florida to other parts of the United States. “Inspected unauthorized aliens” refers to individuals that were processed at the border by federal officials and then released into the United States without being “admitted” as lawful nonimmigrants or immigrants.