Florida businesses that purposely ignore whether employees are legally in the United States could face hefty fines or even criminal charges if they hire more than 50 undocumented immigrants, according to a sweeping new immigration package.
Filed Wednesday by Republican Sen. Jonathan Martin, the 34-page bill would presume certain non-citizens are at fault in car accidents, severely restrict their employment, and prevent state banks from loaning them money.
It’s the most wide-ranging immigration bundle proposed so far ahead of the 2026 session, and would extend a 2025 crackdown that removed in-state tuition for undocumented students, imposed state-level penalties for illegally entering Florida, and required all counties to partner with Immigration and Customs Enforcement.
The nationwide push to quash all avenues for undocumented immigration has been exemplified in Florida, the first state to create a state-run migrant detention center. Since President Donald Trump’s inauguration last January, Sunshine State officials have mirrored his anti-illegal immigration agenda.
This includes deputizing hundreds of state and local officials to act as immigration officers; Florida is the only state to have all of its (67) counties entering into 287(g) agreements, which are partnerships with ICE.
Martin didn’t immediately respond to a request for comment.
E-Verify penalties
SB 1380 would create civil penalties for employers who fail to properly use E-Verify, a federal database that checks whether new hires are legally authorized to work in the country. This builds off of another Martin bill, which would require all businesses to use E-Verify.
Employers who fail to check workers’ immigration status through E-Verify before submitting workers’ compensation claims would be personally liable for any costs, expenses, or benefits for undocumented employees.
Purposely not checking their status, however, would result in suspension of business licenses for one year and fines up to $10,000. Doing it again would result in a five-year license suspension alongside a $100,000 fine, and a third violation would mean permanent license revocation and a $250,000 fine.
If the employer purposely flouts this section and the undocumented worker then ends up injuring another person, the employer’s license would be suspended for five years with a $100,000 fine. If the worker kills another person, the licenses would be permanently revoked with a $500,000 fine.
In a similar vein, the bill would impose a third-degree felony charge for an employer who knowingly hires more than 50 undocumented workers. The business would permanently lose its license. The bill would create a cause of action against the employer for any person injured or the next of kin of a person killed by the actions of an undocumented worker.
These provisions evoke a recently closed, two-year federal investigation into Archer Western, a road-building company hired by the state that employed undocumented immigrants for years, as the Tampa Bay Times has reported.
Officials opened the investigation after an undocumented Archer Western employee driving heavy machinery in 2022 hit and killed a Pinellas County deputy. At least 18 of his coworkers on that state-funded construction site were also undocumented.
Car accidents, foreign remittances, and licensing
SB 1380 would create a rebuttable presumption of fault in car accidents involving undocumented immigrants from other states. This means if an out-of-state driver who is undocumented is involved in a car accident in Florida, authorities could presume he or she was at fault — as long as the other motorist wasn’t driving recklessly, under the influence, or clearly at fault.
Insurers could not pay benefits or settle claims with an unauthorized out-of-state driver, the bill says.
Additionally, the bill requires law enforcement officers investigating car accidents to verify whether the parties are legally in the country.
Other provisions would ban the state Division of Risk Management from approving a claim submitted by an adult undocumented immigrant. Unauthorized immigrants would be barred from sending money to other countries and state banks could not accept IDs traditionally used by undocumented immigrants or those illegally in the state with down payments or loans.
All licensing procedures, relicensing instruction, and licensing testing must be conducted in English, the bill says. Interpreters, translators, or alternate language accommodations would be banned.
The 2026 session begins on Jan. 13.
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Liv Caputo, Florida Phoenix
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