| 1 | A bill to be entitled |
| 2 | An act relating to the state minimum wage; amending s. |
| 3 | 448.110, F.S.; providing requirements for the adjustment |
| 4 | of the state minimum wage; conforming cross-references; |
| 5 | providing an effective date. |
| 6 |
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| 7 | Be It Enacted by the Legislature of the State of Florida: |
| 8 |
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| 9 | Section 1. Present subsections (3) through (11) of section |
| 10 | 448.110, Florida Statutes, are renumbered as subsections (4) |
| 11 | through (12), respectively, a new subsection (3) is added to |
| 12 | that section, and paragraph (a) of present subsection (4) and |
| 13 | paragraph (a) of present subsection (6) of that section are |
| 14 | amended, to read: |
| 15 | 448.110 State minimum wage; annual wage adjustment; |
| 16 | enforcement.- |
| 17 | (3) As used in this section, the term: |
| 18 | (a) "Adjusted real wage rate" means the wage rate |
| 19 | establishing purchasing power parity with the base-period wage |
| 20 | rate of $6.15 set pursuant to subsection (4). |
| 21 | (b) "Federal minimum wage rate" means the minimum wage |
| 22 | rate set by the Federal Government. |
| 23 | (c) "CPI-W" means the Consumer Price Index for Urban Wage |
| 24 | Earners and Clerical Workers for the South Region, not |
| 25 | seasonally adjusted, or a successor index as calculated by the |
| 26 | United States Department of Labor. |
| 27 | (5)(4)(a) Beginning September 30, 2005, and annually on |
| 28 | September 30 thereafter, the Agency for Workforce Innovation |
| 29 | shall calculate an adjusted real state minimum wage rate by |
| 30 | using increasing the state minimum wage by the rate of inflation |
| 31 | for the 12 months before prior to September 1. In calculating |
| 32 | the adjusted real state minimum wage rate, the agency shall |
| 33 | calculate the rate of inflation by computing the percentage |
| 34 | change in the CPI-W. Each year the rate of inflation is |
| 35 | multiplied by the previous year's computed adjusted real wage |
| 36 | rate. This amount shall be added to or subtracted from the |
| 37 | previous year's computed adjusted real wage rate use the |
| 38 | Consumer Price Index for Urban Wage Earners and Clerical |
| 39 | Workers, not seasonally adjusted, for the South Region or a |
| 40 | successor index as calculated by the United States Department of |
| 41 | Labor. The computed adjusted real wage rate becomes the Florida |
| 42 | minimum wage, as defined in s. 448.109(1)(b), when both the |
| 43 | previous year's Florida minimum wage rate and the current |
| 44 | federal minimum wage rate are lower than the adjusted real wage |
| 45 | rate. If the adjusted real wage rate is lower than the previous |
| 46 | year's Florida minimum wage and lower than the federal minimum |
| 47 | wage rate, then the higher of the two shall be the Florida |
| 48 | minimum wage for the subsequent year. The adjusted real wage |
| 49 | rate shall be the only basis used for calculating the subsequent |
| 50 | year's adjusted real wage rate. Each Florida adjusted state |
| 51 | minimum wage rate shall take effect on the following January 1, |
| 52 | with the initial adjusted minimum wage rate to take effect on |
| 53 | January 1, 2006. |
| 54 | (7)(6)(a) Any person aggrieved by a violation of this |
| 55 | section may bring a civil action in a court of competent |
| 56 | jurisdiction against an employer violating this section or a |
| 57 | party violating subsection (6) (5). However, prior to bringing |
| 58 | any claim for unpaid minimum wages pursuant to this section, the |
| 59 | person aggrieved shall notify the employer alleged to have |
| 60 | violated this section, in writing, of an intent to initiate such |
| 61 | an action. The notice must identify the minimum wage to which |
| 62 | the person aggrieved claims entitlement, the actual or estimated |
| 63 | work dates and hours for which payment is sought, and the total |
| 64 | amount of alleged unpaid wages through the date of the notice. |
| 65 | Section 2. This act shall take effect July 1, 2011. |