HB 1709

1
A bill to be entitled
2An act relating to the state minimum wage; amending s.
395.11, F.S.; providing periods of limitations on actions
4for violations of the Florida Minimum Wage Act; creating
5s. 448.110, F.S., the Florida Minimum Wage Act; providing
6legislative intent to implement s. 24, Art. X of the State
7Constitution in accordance with authority granted to the
8Legislature therein; requiring employers to pay certain
9employees a minimum wage; requiring the minimum wage to be
10adjusted annually; providing a formula for calculating
11such adjustment; requiring the Agency for Workforce
12Innovation and the Department of Revenue to annually
13publish the amount of the initial and adjusted minimum
14wage; providing criteria for posting; requiring the agency
15to provide written notice to certain employers; providing
16a deadline for the notice to be mailed; providing that
17employers are responsible for maintaining their current
18addresses with the agency; requiring the agency to provide
19the department with certain information; prohibiting
20discrimination or adverse action against persons
21exercising constitutional rights under s. 24, Art. X of
22the State Constitution; providing for civil action by
23aggrieved persons; requiring aggrieved persons bringing
24civil actions to provide written notice to their employers
25or other persons alleged to have violated the act;
26providing information that must be included in the notice;
27providing a deadline by which an employer or other person
28alleged to have violated the act must pay the unpaid wages
29in question or resolve the claim to the aggrieved person's
30satisfaction; providing that aggrieved persons who prevail
31in their actions may be entitled to liquidated damages and
32reasonable attorney's fees and costs; authorizing
33additional legal or equitable relief for aggrieved parties
34who prevail in such actions; providing that noneconomic
35damages and punitive damages may not be awarded;
36authorizing the Attorney General to bring a civil action
37and seek injunctive relief; providing a fine; providing
38statutes of limitations; authorizing class actions;
39declaring the act the exclusive remedy under state law for
40violations of s. 24, Art. X of the State Constitution;
41providing for implementation measures; designating ss.
42448.01-448.110, F.S., as part I of ch. 448, F.S.;
43providing a part title; providing an effective date.
44
45Be It Enacted by the Legislature of the State of Florida:
46
47     Section 1.  Paragraph (d) is added to subsection (2) and
48paragraph (q) is added to subsection (3) of section 95.11,
49Florida Statutes, to read:
50     95.11  Limitations other than for the recovery of real
51property.--Actions other than for recovery of real property
52shall be commenced as follows:
53     (2)  WITHIN FIVE YEARS.--
54     (d)  An action alleging a willful violation of s. 448.110.
55     (3)  WITHIN FOUR YEARS.--
56     (q)  An action alleging a violation, other than a willful
57violation, of s. 448.110.
58     Section 2.  Section 448.110, Florida Statutes, is created
59to read:
60     448.110  State minimum wage; annual wage adjustment;
61enforcement.--
62     (1)  This section may be cited as the "Florida Minimum Wage
63Act."
64     (2)  The purpose of this section is to provide measures
65appropriate for the implementation of s. 24, Art. X of the State
66Constitution, in accordance with authority granted to the
67Legislature pursuant to s. 24(f), Art. X of the State
68Constitution.
69     (3)  Effective May 2, 2005, employers shall pay employees a
70minimum wage at an hourly rate of $6.15. Only those individuals
71entitled to receive the federal minimum wage under the federal
72Fair Labor Standards Act and implementing regulations shall be
73eligible to receive the state minimum wage pursuant to s. 24,
74Art. X of the State Constitution and this section.
75     (4)(a)  Beginning September 30, 2005, and annually on
76September 30 thereafter, the Agency for Workforce Innovation
77shall calculate an adjusted state minimum wage rate by
78increasing the state minimum wage by the rate of inflation for
79the 12 months prior to September 1. In calculating the adjusted
80state minimum wage, the agency shall use the Consumer Price
81Index for Urban Wage Earners and Clerical Workers, not
82seasonally adjusted, for the South Region, or a successor index
83as calculated by the United States Department of Labor. Each
84adjusted state minimum wage rate shall take effect on the
85following January 1, with the initial adjusted minimum wage rate
86to take effect on January 1, 2006.
87     (b)  The Agency for Workforce Innovation and the Department
88of Revenue shall annually publish the amount of the initial and
89adjusted state minimum wage, as applicable, and the effective
90date. Publication shall occur by posting the adjusted state
91minimum wage rate and the effective date on the Internet home
92pages of the agency and the department by October 15 of each
93year. In addition, to the extent funded in the General
94Appropriations Act, the agency shall provide written notice of
95the rate and the effective date of the adjusted state minimum
96wage to all employers registered in the most current
97unemployment compensation database. Such notice shall be mailed
98by November 15 of each year using the addresses included in the
99database. Employers are responsible for maintaining current
100address information in the unemployment compensation database.
101The agency shall not be responsible for failure to provide
102notice due to incorrect or incomplete address information in the
103database. The agency shall provide the Department of Revenue
104with the state minimum wage rate information and effective date
105in a timely manner.
106     (5)  It shall be unlawful for an employer or any other
107party to discriminate in any manner or take adverse action
108against any person in retaliation for exercising rights
109protected pursuant to s. 24, Art. X of the State Constitution.
110Rights protected include, but are not limited to, the right to
111file a complaint or inform any person of his or her potential
112rights pursuant to s. 24, Art. X of the State Constitution and
113to assist him or her in asserting such rights.
114     (6)(a)  Any person aggrieved by a violation of this section
115may bring a civil action in a court of competent jurisdiction
116against an employer violating this section or a party violating
117subsection (5). However, prior to instituting a civil action
118pursuant to this section, the person aggrieved shall notify the
119employer or person alleged to have violated this section, in
120writing, of an intent to initiate such an action. The notice
121must identify the minimum wage to which the employee claims
122entitlement, the specific work dates and hours for which payment
123is sought, and the total amount of alleged unpaid wages through
124the date of the notice.
125     (b)  The employer or person alleged to have violated this
126section shall have 15 calendar days after receipt of the notice
127to pay the total amount of unpaid wages or, if not paid in full,
128otherwise resolve the claim to the satisfaction of the person
129aggrieved. If the employer or person alleged to have violated
130this section fails to pay the total amount of unpaid wages or,
131if not paid in full, otherwise resolve the claim to the
132satisfaction of the person aggrieved, then the person aggrieved
133may bring a civil action pursuant to this section.
134     (c)1.  Upon prevailing in an action brought pursuant to
135this section, aggrieved persons shall recover the full amount of
136any unpaid back wages unlawfully withheld plus the same amount
137as liquidated damages and shall be awarded reasonable attorney's
138fees and costs. As provided under the Fair Labor Standards Act,
139pursuant to s. 11 of the Portal-to-Portal Act of 1947, 61 Stat.
14084, if the employer proves by a preponderance of the evidence
141that the act or omission giving rise to such action was in good
142faith and that the employer had reasonable grounds for believing
143that his or her act or omission was not a violation of s. 24,
144Art. X of the State Constitution, the court may, in its sound
145discretion, award no liquidated damages or award any amount
146thereof not to exceed an amount equal to the amount of unpaid
147minimum wages. The court shall not award any economic damages
148not expressly authorized in this section.
149     2.  Upon prevailing in an action brought pursuant to this
150section, aggrieved persons shall also be entitled to such legal
151or equitable relief as may be appropriate to remedy the
152violation including, without limitation, reinstatement in
153employment and injunctive relief. However, any entitlement to
154legal or equitable relief in an action brought under s. 24, Art.
155X of the State Constitution shall not include noneconomic
156damages such as damages for pain and suffering or punitive
157damages.
158     (7)  The Attorney General may bring a civil action to
159enforce this section. The Attorney General may seek injunctive
160relief. In addition to injunctive relief, or in lieu thereof,
161for any employer or other person found to have willfully
162violated this section, the Attorney General may seek to impose a
163fine of $1,000 per violation, payable to the state.
164     (8)  The statute of limitations for an action brought
165pursuant to this section shall be 4 years from the date the
166alleged violation occurred, except that in an action alleging a
167willful violation the statute of limitations shall be 5 years
168from the date the alleged violation occurred.
169     (9)  Actions brought pursuant to this section may be
170brought as a class action. In any class action brought pursuant
171to this section, the plaintiffs shall identify each class member
172and include proof of individual damages for each class member.
173     (10)  This section shall constitute the exclusive remedy
174under state law for violations of s. 24, Art. X of the State
175Constitution.
176     (11)  Except for calculating the adjusted state minimum
177wage and publishing the initial state minimum wage and any
178annual adjustments thereto, the authority of the Agency for
179Workforce Innovation in implementing s. 24, Art. X of the State
180Constitution, pursuant to this section, shall be limited to that
181authority expressly granted by the Legislature.
182     Section 3.  Sections 448.01-448.110, Florida Statutes, are
183designated as part I of chapter 448, Florida Statutes, and
184entitled "Terms and Conditions of Employment."
185     Section 4.  This act shall take effect upon becoming a law.


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