Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1610
       
       
       
       
       
       
                                Barcode 166334                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/12/2011           .                                
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       The Committee on Commerce and Tourism (Detert) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 19 - 42
    4  and insert:
    5  448.110(5)(a).
    6         Section 2. Present subsections (3) through (11) of section
    7  448.110, Florida Statutes, are renumbered as subsections (4)
    8  through (12), respectively, a new subsection (3) is added to
    9  that section, and paragraph (a) of present subsection (4) and
   10  paragraph (a) of present subsection (6) of that section are
   11  amended, to read:
   12         448.110 State minimum wage; annual wage adjustment;
   13  enforcement.—
   14         (3) As used in this section, the term:
   15         (a) "Adjusted real wage rate" means the wage rate
   16  establishing purchasing power parity with the base-period wage
   17  rate of $6.15 set pursuant to subsection (4).
   18         (b) "Federal minimum wage rate" means the minimum wage rate
   19  set by the Federal Government.
   20         (c) "CPI-W" means the Consumer Price Index for Urban Wage
   21  Earners and Clerical Workers for the South Region, not
   22  seasonally adjusted, or a successor index as calculated by the
   23  United States Department of Labor.
   24         (5)(4)(a) Beginning September 30, 2005, and annually on
   25  September 30 thereafter, the Agency for Workforce Innovation
   26  shall calculate an adjusted real state minimum wage rate by
   27  using increasing the state minimum wage by the rate of inflation
   28  for the 12 months before prior to September 1. In calculating
   29  the adjusted real state minimum wage rate, the agency shall
   30  calculate the rate of inflation by computing the percentage
   31  change in the CPI-W. Each year the rate of inflation is
   32  multiplied by the previous year's computed adjusted real wage
   33  rate. This amount shall be added to or subtracted from the
   34  previous year's computed adjusted real wage rate use the
   35  Consumer Price Index for Urban Wage Earners and Clerical
   36  Workers, not seasonally adjusted, for the South Region or a
   37  successor index as calculated by the United States Department of
   38  Labor. The computed adjusted real wage rate becomes the Florida
   39  minimum wage, as defined in s. 448.109(1)(b), when both the
   40  previous year's Florida minimum wage rate and the current
   41  federal minimum wage rate are lower than the adjusted real wage
   42  rate. If the adjusted real wage rate is lower than the previous
   43  year's Florida minimum wage and lower than the federal minimum
   44  wage rate, then the higher of the two shall be the Florida
   45  minimum wage for the subsequent year. The adjusted real wage
   46  rate shall be the only basis used for calculating the subsequent
   47  year's adjusted real wage rate. Each Florida adjusted state
   48  minimum wage rate shall take effect on the following January 1,
   49  with the initial adjusted minimum wage rate to take effect on
   50  January 1, 2006.
   51  	(7)(6)(a) Any person aggrieved by a violation of this
   52  section may bring a civil action in a court of competent
   53  jurisdiction against an employer violating this section or a
   54  party violating subsection (6) (5). However, prior to bringing
   55  any claim for unpaid minimum wages pursuant to this section, the
   56  person aggrieved shall notify the employer alleged to have
   57  violated this section, in writing, of an intent to initiate such
   58  an action. The notice must identify the minimum wage to which
   59  the person aggrieved claims entitlement, the actual or estimated
   60  work dates and hours for which payment is sought, and the total
   61  amount of alleged unpaid wages through the date of the notice.
   62  
   63  ================= T I T L E  A M E N D M E N T ================
   64         And the title is amended as follows:
   65         Delete lines 5 - 7
   66  and insert:
   67         calculating the adjusted real wage rate and its
   68         application as the Florida minimum wage when both the
   69         previous year's Florida minimum wage and the Federal
   70         minimum wage are lower; providing definitions;
   71         conforming a cross-reference;