HB 7001

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 for all hours worked in Florida;
10incorporating provisions of the federal Fair Labor
11Standards Act; requiring the minimum wage to be adjusted
12annually; providing a formula for calculating such
13adjustment; requiring the Agency for Workforce Innovation
14and the Department of Revenue to annually publish the
15amount of the adjusted minimum wage; providing criteria
16for posting; requiring the agency to provide written
17notice to certain employers; providing a deadline for the
18notice to be mailed; providing that employers are
19responsible for maintaining their current addresses with
20the agency; requiring the agency to provide the department
21with certain information; prohibiting discrimination or
22adverse action against persons exercising constitutional
23rights under s. 24, Art. X of the State Constitution;
24providing for civil action by aggrieved persons; requiring
25aggrieved persons bringing civil actions to provide
26written notice to their employers alleged to have violated
27the act; providing information that must be included in
28the notice; providing a deadline by which an employer
29alleged to have violated the act must pay the unpaid wages
30in question or resolve the claim to the aggrieved person's
31satisfaction; providing a statute of limitations period;
32providing that aggrieved persons who prevail in their
33actions may be entitled to liquidated damages and
34reasonable attorney's fees and costs; authorizing
35additional legal or equitable relief for aggrieved persons
36who prevail in such actions; providing that punitive
37damages may not be awarded; providing that actions brought
38under the act are subject to s. 768.79, F.S.; authorizing
39the Attorney General to bring a civil action and seek
40injunctive relief; providing a fine; providing statutes of
41limitations; authorizing class actions; declaring the act
42the exclusive remedy under state law for violations of s.
4324, Art. X of the State Constitution; providing for
44implementation measures; designating ss. 448.01-448.110,
45F.S., as part I of ch. 448, F.S.; providing a part title;
46providing for severability; providing an effective date.
47
48Be It Enacted by the Legislature of the State of Florida:
49
50     Section 1.  Paragraph (d) is added to subsection (2) and
51paragraph (q) is added to subsection (3) of section 95.11,
52Florida Statutes, to read:
53     95.11  Limitations other than for the recovery of real
54property.--Actions other than for recovery of real property
55shall be commenced as follows:
56     (2)  WITHIN FIVE YEARS.--
57     (d)  An action alleging a willful violation of s. 448.110.
58     (3)  WITHIN FOUR YEARS.--
59     (q)  An action alleging a violation, other than a willful
60violation, of s. 448.110.
61     Section 2.  Section 448.110, Florida Statutes, is created
62to read:
63     448.110  State minimum wage; annual wage adjustment;
64enforcement.--
65     (1)  This section may be cited as the "Florida Minimum Wage
66Act."
67     (2)  The purpose of this section is to provide measures
68appropriate for the implementation of s. 24, Art. X of the State
69Constitution, in accordance with authority granted to the
70Legislature pursuant to s. 24(f), Art. X of the State
71Constitution.
72     (3)  Effective May 2, 2005, employers shall pay employees a
73minimum wage at an hourly rate of $6.15 for all hours worked in
74Florida. Only those individuals entitled to receive the federal
75minimum wage under the federal Fair Labor Standards Act and its
76implementing regulations shall be eligible to receive the state
77minimum wage pursuant to s. 24, Art. X of the State Constitution
78and this section. The provisions of ss. 213 and 214 of the
79federal Fair Labor Standards Act, as interpreted by applicable
80federal regulations and implemented by the Secretary of Labor,
81are incorporated herein.
82     (4)(a)  Beginning September 30, and annually on September
8330 thereafter, the Agency for Workforce Innovation shall
84calculate an adjusted state minimum wage rate by increasing the
85state minimum wage by the rate of inflation for the 12 months
86prior to September 1. In calculating the adjusted state minimum
87wage, the agency shall use the Consumer Price Index for Urban
88Wage Earners and Clerical Workers, not seasonally adjusted, for
89the South Region or a successor index as calculated by the
90United States Department of Labor. Each adjusted state minimum
91wage rate shall take effect on the following January 1, with the
92initial adjusted minimum wage rate to take effect on January 1,
932006.
94     (b)  The Agency for Workforce Innovation and the Department
95of Revenue shall annually publish the amount of the adjusted
96state minimum wage and the effective date. Publication shall
97occur by posting the adjusted state minimum wage rate and the
98effective date on the Internet home pages of the agency and the
99department by October 15 of each year. In addition, to the
100extent funded in the General Appropriations Act, the agency
101shall provide written notice of the adjusted rate and the
102effective date of the adjusted state minimum wage to all
103employers registered in the most current unemployment
104compensation database. Such notice shall be mailed by November
10515 of each year using the addresses included in the database.
106Employers are responsible for maintaining current address
107information in the unemployment compensation database. The
108agency shall not be responsible for failure to provide notice
109due to incorrect or incomplete address information in the
110database. The agency shall provide the Department of Revenue
111with the adjusted state minimum wage rate information and
112effective date in a timely manner.
113     (5)  It shall be unlawful for an employer or any other
114party to discriminate in any manner or take adverse action
115against any person in retaliation for exercising rights
116protected pursuant to s. 24, Art. X of the State Constitution.
117Rights protected include, but are not limited to, the right to
118file a complaint or inform any person of his or her potential
119rights pursuant to s. 24, Art. X of the State Constitution and
120to assist him or her in asserting such rights.
121     (6)(a)  Any person aggrieved by a violation of this section
122may bring a civil action in a court of competent jurisdiction
123against an employer violating this section or a party violating
124subsection (5). However, prior to bringing any claim for unpaid
125minimum wages pursuant to this section, the person aggrieved
126shall notify the employer alleged to have violated this section,
127in writing, of an intent to initiate such an action. The notice
128must identify the minimum wage to which the person aggrieved
129claims entitlement, the actual or estimated work dates and hours
130for which payment is sought, and the total amount of alleged
131unpaid wages through the date of the notice.
132     (b)  The employer shall have 15 calendar days after receipt
133of the notice to pay the total amount of unpaid wages or
134otherwise resolve the claim to the satisfaction of the person
135aggrieved. The statute of limitations for bringing an action
136pursuant to this section shall be tolled during this 15-day
137period. If the employer fails to pay the total amount of unpaid
138wages or otherwise resolve the claim to the satisfaction of the
139person aggrieved, then the person aggrieved may bring a claim
140for unpaid minimum wages, the terms of which must be consistent
141with the contents of the notice.
142     (c)1.  Upon prevailing in an action brought pursuant to
143this section, aggrieved persons shall recover the full amount of
144any unpaid back wages unlawfully withheld plus the same amount
145as liquidated damages and shall be awarded reasonable attorney's
146fees and costs. As provided under the federal Fair Labor
147Standards Act, pursuant to s. 11 of the Portal-to-Portal Act of
1481947, 29 U.S.C. s. 260, if the employer proves by a
149preponderance of the evidence that the act or omission giving
150rise to such action was in good faith and that the employer had
151reasonable grounds for believing that his or her act or omission
152was not a violation of s. 24, Art. X of the State Constitution,
153the court may, in its sound discretion, award no liquidated
154damages or award any amount thereof not to exceed an amount
155equal to the amount of unpaid minimum wages. The court shall not
156award any economic damages on a claim for unpaid minimum wages
157not expressly authorized in this section.
158     2.  Upon prevailing in an action brought pursuant to this
159section, aggrieved persons shall also be entitled to such legal
160or equitable relief as may be appropriate to remedy the
161violation, including, without limitation, reinstatement in
162employment and injunctive relief. However, any entitlement to
163legal or equitable relief in an action brought under s. 24, Art.
164X of the State Constitution shall not include punitive damages.
165     (d)  Any civil action brought under s. 24, Art. X of the
166State Constitution and this section shall be subject to s.
167768.79.
168     (7)  The Attorney General may bring a civil action to
169enforce this section. The Attorney General may seek injunctive
170relief. In addition to injunctive relief, or in lieu thereof,
171for any employer or other person found to have willfully
172violated this section, the Attorney General may seek to impose a
173fine of $1,000 per violation, payable to the state.
174     (8)  The statute of limitations for an action brought
175pursuant to this section shall be for the period of time
176specified in s. 95.11 beginning on the date the alleged
177violation occurred.
178     (9)  Actions brought pursuant to this section may be
179brought as a class action pursuant to Rule 1.220, Florida Rules
180of Civil Procedure. In any class action brought pursuant to this
181section, the plaintiffs shall prove, by a preponderance of the
182evidence, the individual identity of each class member and the
183individual damages of each class member.
184     (10)  This section shall constitute the exclusive remedy
185under state law for violations of s. 24, Art. X of the State
186Constitution.
187     (11)  Except for calculating the adjusted state minimum
188wage and publishing the initial state minimum wage and any
189annual adjustments thereto, the authority of the Agency for
190Workforce Innovation in implementing s. 24, Art. X of the State
191Constitution, pursuant to this section, shall be limited to that
192authority expressly granted by the Legislature.
193     Section 3.  Sections 448.01-448.110, Florida Statutes, are
194designated as part I of chapter 448, Florida Statutes, and
195entitled "Terms and Conditions of Employment."
196     Section 4.  If any provision of this act or the application
197thereof to any person or circumstance is held invalid, the
198invalidity shall not affect the other provisions or applications
199of the act which can be given effect without the invalid
200provision or application, and to this end the provisions of this
201act are declared severable.
202     Section 5.  This act shall take effect upon becoming a law.


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