(LATE FILED)Amendment
Bill No. 1910
Amendment No. 066877
Senate House

1Representative Gannon offered the following:
3     Amendment (with title amendment)
4     On page 10, between lines 6 and 7,
7     Section 3.  Paragraph (d) is added to subsection (2) and
8paragraph (q) is added to subsection (3) of section 95.11,
9Florida Statutes, to read:
10     95.11  Limitations other than for the recovery of real
11property.--Actions other than for recovery of real property
12shall be commenced as follows:
13     (2)  WITHIN FIVE YEARS.--
14     (d)  An action alleging a willful violation of s. 448.110.
15     (3)  WITHIN FOUR YEARS.--
16     (q)  An action alleging a violation, other than a willful
17violation, of s. 448.110.
18     Section 4.  Section 448.110, Florida Statutes, is created
19to read:
20     448.110  State minimum wage; annual wage adjustment;
22     (1)  This section may be cited as the "Florida Minimum Wage
24     (2)  The purpose of this section is to provide measures
25appropriate for the implementation of s. 24, Art. X of the State
26Constitution, in accordance with authority granted to the
27Legislature pursuant to s. 24(f), Art. X of the State
29     (3)  Effective May 2, 2005, employers shall pay employees a
30minimum wage at an hourly rate of $6.15 for all hours worked in
31Florida. Only those individuals entitled to receive the federal
32minimum wage under the federal Fair Labor Standards Act and its
33implementing regulations shall be eligible to receive the state
34minimum wage pursuant to s. 24, Art. X of the State Constitution
35and this section. The provisions of ss. 213 and 214 of the
36federal Fair Labor Standards Act, as interpreted by applicable
37federal regulations and implemented by the Secretary of Labor,
38are incorporated herein.
39     (4)(a)  Beginning September 30, 2005, and annually on
40September 30 thereafter, the Agency for Workforce Innovation
41shall calculate an adjusted state minimum wage rate by
42increasing the state minimum wage by the rate of inflation for
43the 12 months prior to September 1. In calculating the adjusted
44state minimum wage, the agency shall use the Consumer Price
45Index for Urban Wage Earners and Clerical Workers, not
46seasonally adjusted, for the South Region, or a successor index
47as calculated by the United States Department of Labor. Each
48adjusted state minimum wage rate shall take effect on the
49following January 1, with the initial adjusted minimum wage rate
50to take effect on January 1, 2006.
51     (b)  The Agency for Workforce Innovation and the Department
52of Revenue shall annually publish the amount of the initial and
53adjusted state minimum wage, as applicable, and the effective
54date. Publication shall occur by posting the adjusted state
55minimum wage rate and the effective date on the Internet home
56pages of the agency and the department by October 15 of each
57year. In addition, to the extent funded in the General
58Appropriations Act, the agency shall provide written notice of
59the rate and the effective date of the adjusted state minimum
60wage to all employers registered in the most current
61unemployment compensation database. Such notice shall be mailed
62by November 15 of each year using the addresses included in the
63database. Employers are responsible for maintaining current
64address information in the unemployment compensation database.
65The agency shall not be responsible for failure to provide
66notice due to incorrect or incomplete address information in the
67database. The agency shall provide the Department of Revenue
68with the state minimum wage rate information and effective date
69in a timely manner.
70     (5)  It shall be unlawful for an employer or any other
71party to discriminate in any manner or take adverse action
72against any person in retaliation for exercising rights
73protected pursuant to s. 24, Art. X of the State Constitution.
74Rights protected include, but are not limited to, the right to
75file a complaint or inform any person of his or her potential
76rights pursuant to s. 24, Art. X of the State Constitution and
77to assist him or her in asserting such rights.
78     (6)(a)  Any person aggrieved by a violation of this section
79may bring a civil action in a court of competent jurisdiction
80against an employer violating this section or a party violating
81subsection (5). However, prior to bringing any claim for unpaid
82minimum wages pursuant to this section, the person aggrieved
83shall notify the employer alleged to have violated this section,
84in writing, of an intent to initiate such an action. The notice
85must identify the minimum wage to which the person aggrieved
86claims entitlement, the actual or estimated work dates and hours
87for which payment is sought, and the total amount of alleged
88unpaid wages through the date of the notice.
89     (b)  The employer shall have 15 calendar days after receipt
90of the notice to pay the total amount of unpaid wages or
91otherwise resolve the claim to the satisfaction of the person
92aggrieved. The statute of limitations for bringing an action
93pursuant to this section shall be tolled during this 15-day
94period. If the employer fails to pay the total amount of unpaid
95wages or otherwise resolve the claim to the satisfaction of the
96person aggrieved, then the person aggrieved may bring a claim
97for unpaid minimum wages, the terms of which must be consistent
98with the contents of the notice.
99     (c)1.  Upon prevailing in an action brought pursuant to
100this section, aggrieved persons shall recover the full amount of
101any unpaid back wages unlawfully withheld plus the same amount
102as liquidated damages and shall be awarded reasonable attorney's
103fees and costs. As provided under the Fair Labor Standards Act,
104pursuant to s. 11 of the Portal-to-Portal Act of 1947, 29 U.S.C.
105s. 260, if the employer proves by a preponderance of the
106evidence that the act or omission giving rise to such action was
107in good faith and that the employer had reasonable grounds for
108believing that his or her act or omission was not a violation of
109s. 24, Art. X of the State Constitution, the court may, in its
110sound discretion, award no liquidated damages or award any
111amount thereof not to exceed an amount equal to the amount of
112unpaid minimum wages. The court shall not award any economic
113damages on a claim for unpaid minimum wages not expressly
114authorized in this section.
115     2.  Upon prevailing in an action brought pursuant to this
116section, aggrieved persons shall also be entitled to such legal
117or equitable relief as may be appropriate to remedy the
118violation including, without limitation, reinstatement in
119employment and injunctive relief. However, any entitlement to
120legal or equitable relief in an action brought under s. 24, Art.
121X of the State Constitution shall not include punitive damages.
122     (d)  Any civil action brought under s. 24, Art. X of the
123State Constitution and this section shall be subject to s.
125     (7)  The Attorney General may bring a civil action to
126enforce this section. The Attorney General may seek injunctive
127relief. In addition to injunctive relief, or in lieu thereof,
128for any employer or other person found to have willfully
129violated this section, the Attorney General may seek to impose a
130fine of $1,000 per violation, payable to the state.
131     (8)  The statute of limitations for an action brought
132pursuant to this section shall be 4 years from the date the
133alleged violation occurred, except that in an action alleging a
134willful violation the statute of limitations shall be 5 years
135from the date the alleged violation occurred.
136     (9)  Actions brought pursuant to this section may be
137brought as a class action pursuant to Rule 1.220, Florida Rules
138of Civil Procedure. In any class action brought pursuant to this
139section, the plaintiffs shall prove, by a preponderance of the
140evidence, the individual identity of each class member and the
141individual damages of each class member.
142     (10)  This section shall constitute the exclusive remedy
143under state law for violations of s. 24, Art. X of the State
145     (11)  Except for calculating the adjusted state minimum
146wage and publishing the initial state minimum wage and any
147annual adjustments thereto, the authority of the Agency for
148Workforce Innovation in implementing s. 24, Art. X of the State
149Constitution, pursuant to this section, shall be limited to that
150authority expressly granted by the Legislature.
151     Section 5.  Sections 448.01-448.110, Florida Statutes, are
152designated as part I of chapter 448, Florida Statutes, and
153entitled "Terms and Conditions of Employment."
154     Section 6.  If any provision of this act or its application
155to any person or circumstance is held invalid, the invalidity
156shall not affect the other provisions or applications of the act
157which can be given effect without the invalid provision or
158application, and to this end the provisions of this act are
161================= T I T L E  A M E N D M E N T =================
162     On page 1, line 29, after the semicolon,
164amending s. 95.11, F.S.; providing periods of limitations
165on actions for violations of the Florida Minimum Wage Act;
166creating s. 448.110, F.S., the Florida Minimum Wage Act;
167providing legislative intent to implement s. 24, Art. X of
168the State Constitution in accordance with authority
169granted to the Legislature therein; requiring employers to
170pay certain employees a minimum wage for all hours worked
171in Florida; incorporating provisions of the federal Fair
172Labor Standards Act; requiring the minimum wage to be
173adjusted annually; providing a formula for calculating
174such adjustment; requiring the Agency for Workforce
175Innovation and the Department of Revenue to annually
176publish the amount of the initial and adjusted minimum
177wage; providing criteria for posting; requiring the agency
178to provide written notice to certain employers; providing
179a deadline for the notice to be mailed; providing that
180employers are responsible for maintaining their current
181addresses with the agency; requiring the agency to provide
182the department with certain information; prohibiting
183discrimination or adverse action against persons
184exercising constitutional rights under s. 24, Art. X of
185the State Constitution; providing for civil action by
186aggrieved persons; requiring aggrieved persons bringing
187civil actions to provide written notice to their employers
188alleged to have violated the act; providing information
189that must be included in the notice; providing a deadline
190by which an employer alleged to have violated the act must
191pay the unpaid wages in question or resolve the claim to
192the aggrieved person's satisfaction; providing a statute
193of limitations period; providing that aggrieved persons
194who prevail in their actions may be entitled to liquidated
195damages and reasonable attorney's fees and costs;
196authorizing additional legal or equitable relief for
197aggrieved persons who prevail in such actions; providing
198that punitive damages may not be awarded; providing that
199actions brought under the act are subject to s. 768.79,
200F.S.; authorizing the Attorney General to bring a civil
201action and seek injunctive relief; providing a fine;
202providing statutes of limitations; authorizing class
203actions; declaring the act the exclusive remedy under
204state law for violations of s. 24, Art. X of the State
205Constitution; providing for implementation measures;
206designating ss. 448.01-448.110, F.S., as part I of ch.
207448, F.S.; providing a part title; providing for

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