| 1 | The Economic Development, Trade & Banking Committee recommends |
| 2 | the following: |
| 3 |
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| 4 | Council/Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to notification regarding the state |
| 8 | minimum wage; creating s. 448.109, F.S.; providing |
| 9 | definitions; requiring an employer to display posters at |
| 10 | worksites to provide employees notice about the state |
| 11 | minimum wage; requiring the Agency for Workforce |
| 12 | Innovation to make available an updated poster each year; |
| 13 | providing for the size and contents of the posters; |
| 14 | providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Section 448.109, Florida Statutes, is created |
| 19 | to read: |
| 20 | 448.109 Notification of the state minimum wage.-- |
| 21 | (1) As used in this section, the terms: |
| 22 | (a) "Employer," "employee," and "wage" have the meanings |
| 23 | as established under the federal Fair Labor Standards Act and |
| 24 | its implementing regulations. |
| 25 | (b) "Florida minimum wage" means the wage that an employer |
| 26 | must, at a minimum, pay an employee pursuant to s. 24, Art. X of |
| 27 | the State Constitution and implementing law. |
| 28 | (2) Each employer who must pay an employee the Florida |
| 29 | minimum wage shall prominently display a poster substantially |
| 30 | similar to the one made available pursuant to subsection (3) in |
| 31 | a conspicuous and accessible place in every establishment where |
| 32 | such employees are employed. |
| 33 | (3)(a) Each year the Agency for Workforce Innovation |
| 34 | shall, on or before December 1, create and make available to |
| 35 | employers a poster in English and in Spanish which reads |
| 36 | substantially as follows: |
| 37 |
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| 38 | NOTICE TO EMPLOYEES |
| 39 |
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| 40 | The Florida minimum wage is $ (amount) per hour and $ |
| 41 | (amount) per hour for tipped workers for January 1, |
| 42 | (year), through December 31, (year). |
| 43 |
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| 44 | The rate of the minimum wage is recalculated yearly on |
| 45 | September 30, based on the Consumer Price Index. Every |
| 46 | year on January 1 the new Florida minimum wage takes |
| 47 | effect. |
| 48 |
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| 49 | An employer may not retaliate against an employee for |
| 50 | exercising his or her right to receive the minimum |
| 51 | wage. Rights protected by the State Constitution |
| 52 | include the right to: |
| 53 | 1. File a complaint about an employer's alleged |
| 54 | noncompliance with lawful minimum-wage requirements. |
| 55 | 2. Inform any person about an employer's alleged |
| 56 | noncompliance with lawful minimum-wage requirements. |
| 57 | 3. Inform any person of his or her potential |
| 58 | rights under Section 24, Article X of the State |
| 59 | Constitution and to assist him or her in asserting |
| 60 | such rights. |
| 61 |
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| 62 | An employee who has not received the lawful minimum |
| 63 | wage after notifying his or her employer and giving |
| 64 | the employer 15 days to resolve any claims for unpaid |
| 65 | wages may bring a civil action in a court of law |
| 66 | against an employer to recover back wages plus damages |
| 67 | and attorney's fees. |
| 68 |
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| 69 | An employer found liable for intentionally violating |
| 70 | minimum-wage requirements is subject to a fine of |
| 71 | $1,000 per violation, payable to the state. |
| 72 |
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| 73 | The Attorney General or other official designated by |
| 74 | the Legislature may bring a civil action to enforce |
| 75 | the minimum wage. |
| 76 |
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| 77 | For details see Section 24, Article X of the State |
| 78 | Constitution. |
| 79 |
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| 80 | (b) The poster must be at least 8.5 inches by 11 inches |
| 81 | and in a format easily seen by employees. The text in the poster |
| 82 | must be of a conspicuous size. The text in the first line must |
| 83 | be larger than the text of any other line and the text of the |
| 84 | first sentence must be in bold type and larger than the text in |
| 85 | the remaining lines. |
| 86 | Section 2. This act shall take effect July 1, 2007. |