HB 1709

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A bill to be entitled
3An act relating to the state minimum wage; amending s.
495.11, F.S.; providing periods of limitations on actions
5for violations of the Florida Minimum Wage Act; creating
6s. 448.110, F.S., the Florida Minimum Wage Act; providing
7legislative intent to implement s. 24, Art. X of the State
8Constitution in accordance with authority granted to the
9Legislature therein; requiring employers to pay certain
10employees a minimum wage for all hours worked in Florida;
11incorporating provisions of the federal Fair Labor
12Standards Act; requiring the minimum wage to be adjusted
13annually; providing a formula for calculating such
14adjustment; requiring the Agency for Workforce Innovation
15and the Department of Revenue to annually publish the
16amount of the initial and adjusted minimum wage; providing
17criteria for posting; requiring the agency to provide
18written notice to certain employers; providing a deadline
19for the notice to be mailed; providing that employers are
20responsible for maintaining their current addresses with
21the agency; requiring the agency to provide the department
22with certain information; prohibiting discrimination or
23adverse action against persons exercising constitutional
24rights under s. 24, Art. X of the State Constitution;
25providing for civil action by aggrieved persons; requiring
26aggrieved persons bringing civil actions to provide
27written notice to their employers alleged to have violated
28the act; providing information that must be included in
29the notice; providing a deadline by which an employer
30alleged to have violated the act must pay the unpaid wages
31in question or resolve the claim to the aggrieved person's
32satisfaction; providing a statute of limitations period;
33providing that aggrieved persons who prevail in their
34actions may be entitled to liquidated damages and
35reasonable attorney's fees and costs; authorizing
36additional legal or equitable relief for aggrieved persons
37who prevail in such actions; providing that punitive
38damages may not be awarded; providing that actions brought
39under the act are subject to s. 768.79, F.S.; authorizing
40the Attorney General to bring a civil action and seek
41injunctive relief; providing a fine; providing statutes of
42limitations; authorizing class actions; declaring the act
43the exclusive remedy under state law for violations of s.
4424, Art. X of the State Constitution; providing for
45implementation measures; designating ss. 448.01-448.110,
46F.S., as part I of ch. 448, F.S.; providing a part title;
47providing for severability; providing an effective date.
48
49Be It Enacted by the Legislature of the State of Florida:
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51     Section 1.  Paragraph (d) is added to subsection (2) and
52paragraph (q) is added to subsection (3) of section 95.11,
53Florida Statutes, to read:
54     95.11  Limitations other than for the recovery of real
55property.--Actions other than for recovery of real property
56shall be commenced as follows:
57     (2)  WITHIN FIVE YEARS.--
58     (d)  An action alleging a willful violation of s. 448.110.
59     (3)  WITHIN FOUR YEARS.--
60     (q)  An action alleging a violation, other than a willful
61violation, of s. 448.110.
62     Section 2.  Section 448.110, Florida Statutes, is created
63to read:
64     448.110  State minimum wage; annual wage adjustment;
65enforcement.--
66     (1)  This section may be cited as the "Florida Minimum Wage
67Act."
68     (2)  The purpose of this section is to provide measures
69appropriate for the implementation of s. 24, Art. X of the State
70Constitution, in accordance with authority granted to the
71Legislature pursuant to s. 24(f), Art. X of the State
72Constitution.
73     (3)  Effective May 2, 2005, employers shall pay employees a
74minimum wage at an hourly rate of $6.15 for all hours worked in
75Florida. Only those individuals entitled to receive the federal
76minimum wage under the federal Fair Labor Standards Act and its
77implementing regulations shall be eligible to receive the state
78minimum wage pursuant to s. 24, Art. X of the State Constitution
79and this section. The provisions of ss. 213 and 214 of the
80federal Fair Labor Standards Act, as interpreted by applicable
81federal regulations and implemented by the Secretary of Labor,
82are incorporated herein.
83     (4)(a)  Beginning September 30, 2005, and annually on
84September 30 thereafter, the Agency for Workforce Innovation
85shall calculate an adjusted state minimum wage rate by
86increasing the state minimum wage by the rate of inflation for
87the 12 months prior to September 1. In calculating the adjusted
88state minimum wage, the agency shall use the Consumer Price
89Index for Urban Wage Earners and Clerical Workers, not
90seasonally adjusted, for the South Region, or a successor index
91as calculated by the United States Department of Labor. Each
92adjusted state minimum wage rate shall take effect on the
93following January 1, with the initial adjusted minimum wage rate
94to take effect on January 1, 2006.
95     (b)  The Agency for Workforce Innovation and the Department
96of Revenue shall annually publish the amount of the initial and
97adjusted state minimum wage, as applicable, and the effective
98date. Publication shall occur by posting the adjusted state
99minimum wage rate and the effective date on the Internet home
100pages of the agency and the department by October 15 of each
101year. In addition, to the extent funded in the General
102Appropriations Act, the agency shall provide written notice of
103the rate and the effective date of the adjusted state minimum
104wage to all employers registered in the most current
105unemployment compensation database. Such notice shall be mailed
106by November 15 of each year using the addresses included in the
107database. Employers are responsible for maintaining current
108address information in the unemployment compensation database.
109The agency shall not be responsible for failure to provide
110notice due to incorrect or incomplete address information in the
111database. The agency shall provide the Department of Revenue
112with the state minimum wage rate information and effective date
113in a timely manner.
114     (5)  It shall be unlawful for an employer or any other
115party to discriminate in any manner or take adverse action
116against any person in retaliation for exercising rights
117protected pursuant to s. 24, Art. X of the State Constitution.
118Rights protected include, but are not limited to, the right to
119file a complaint or inform any person of his or her potential
120rights pursuant to s. 24, Art. X of the State Constitution and
121to assist him or her in asserting such rights.
122     (6)(a)  Any person aggrieved by a violation of this section
123may bring a civil action in a court of competent jurisdiction
124against an employer violating this section or a party violating
125subsection (5). However, prior to bringing any claim for unpaid
126minimum wages pursuant to this section, the person aggrieved
127shall notify the employer alleged to have violated this section,
128in writing, of an intent to initiate such an action. The notice
129must identify the minimum wage to which the person aggrieved
130claims entitlement, the actual or estimated work dates and hours
131for which payment is sought, and the total amount of alleged
132unpaid wages through the date of the notice.
133     (b)  The employer shall have 15 calendar days after receipt
134of the notice to pay the total amount of unpaid wages or
135otherwise resolve the claim to the satisfaction of the person
136aggrieved. The statute of limitations for bringing an action
137pursuant to this section shall be tolled during this 15-day
138period. If the employer fails to pay the total amount of unpaid
139wages or otherwise resolve the claim to the satisfaction of the
140person aggrieved, then the person aggrieved may bring a claim
141for unpaid minimum wages, the terms of which must be consistent
142with the contents of the notice.
143     (c)1.  Upon prevailing in an action brought pursuant to
144this section, aggrieved persons shall recover the full amount of
145any unpaid back wages unlawfully withheld plus the same amount
146as liquidated damages and shall be awarded reasonable attorney's
147fees and costs. As provided under the Fair Labor Standards Act,
148pursuant to s. 11 of the Portal-to-Portal Act of 1947, 29 U.S.C.
149s. 260, if the employer proves by a preponderance of the
150evidence that the act or omission giving rise to such action was
151in good faith and that the employer had reasonable grounds for
152believing that his or her act or omission was not a violation of
153s. 24, Art. X of the State Constitution, the court may, in its
154sound discretion, award no liquidated damages or award any
155amount thereof not to exceed an amount equal to the amount of
156unpaid minimum wages. The court shall not award any economic
157damages on a claim for unpaid minimum wages not expressly
158authorized in this section.
159     2.  Upon prevailing in an action brought pursuant to this
160section, aggrieved persons shall also be entitled to such legal
161or equitable relief as may be appropriate to remedy the
162violation including, without limitation, reinstatement in
163employment and injunctive relief. However, any entitlement to
164legal or equitable relief in an action brought under s. 24, Art.
165X of the State Constitution shall not include punitive damages.
166     (d)  Any civil action brought under s. 24, Art. X of the
167State Constitution and this section shall be subject to s.
168768.79.
169     (7)  The Attorney General may bring a civil action to
170enforce this section. The Attorney General may seek injunctive
171relief. In addition to injunctive relief, or in lieu thereof,
172for any employer or other person found to have willfully
173violated this section, the Attorney General may seek to impose a
174fine of $1,000 per violation, payable to the state.
175     (8)  The statute of limitations for an action brought
176pursuant to this section shall be 4 years from the date the
177alleged violation occurred, except that in an action alleging a
178willful violation the statute of limitations shall be 5 years
179from the date the alleged violation occurred.
180     (9)  Actions brought pursuant to this section may be
181brought as a class action pursuant to Rule 1.220, Florida Rules
182of Civil Procedure. In any class action brought pursuant to this
183section, the plaintiffs shall prove, by a preponderance of the
184evidence, the individual identity of each class member and the
185individual damages of each class member.
186     (10)  This section shall constitute the exclusive remedy
187under state law for violations of s. 24, Art. X of the State
188Constitution.
189     (11)  Except for calculating the adjusted state minimum
190wage and publishing the initial state minimum wage and any
191annual adjustments thereto, the authority of the Agency for
192Workforce Innovation in implementing s. 24, Art. X of the State
193Constitution, pursuant to this section, shall be limited to that
194authority expressly granted by the Legislature.
195     Section 3.  Sections 448.01-448.110, Florida Statutes, are
196designated as part I of chapter 448, Florida Statutes, and
197entitled "Terms and Conditions of Employment."
198     Section 4.  If any provision of this act or its application
199to any person or circumstance is held invalid, the invalidity
200shall not affect the other provisions or applications of the act
201which can be given effect without the invalid provision or
202application, and to this end the provisions of this act are
203severable.
204     Section 5.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.