Florida Senate - 2022 SJR 382
By Senator Brandes
24-00445A-22 2022382__
1 Senate Joint Resolution
2 A joint resolution proposing an amendment to Section
3 24 of Article X of the State Constitution to authorize
4 the Legislature to establish a minimum training wage
5 rate lower than the Florida minimum wage rate which
6 employers may elect to pay employees for the first 6
7 months of employment.
8
9 Be It Resolved by the Legislature of the State of Florida:
10
11 That the following amendment to Section 24 of Article X of
12 the State Constitution is agreed to and shall be submitted to
13 the electors of this state for approval or rejection at the next
14 general election or at an earlier special election specifically
15 authorized by law for that purpose:
16 ARTICLE X
17 MISCELLANEOUS
18 SECTION 24. Florida minimum wage.—
19 (a) PUBLIC POLICY. All working Floridians are entitled to
20 be paid a minimum wage that is sufficient to provide a decent
21 and healthy life for them and their families, that protects
22 their employers from unfair low-wage competition, and that does
23 not force them to rely on taxpayer-funded public services in
24 order to avoid economic hardship.
25 (b) DEFINITIONS. As used in this amendment, the terms
26 “Employer,” “Employee” and “Wage” shall have the meanings
27 established under the federal Fair Labor Standards Act (FLSA)
28 and its implementing regulations.
29 (c) MINIMUM WAGE. Employers shall pay Employees Wages no
30 less than the Minimum Wage for all hours worked in Florida. Six
31 months after enactment, the Minimum Wage shall be established at
32 an hourly rate of $6.15. Effective September 30th, 2021, the
33 existing state Minimum Wage shall increase to $10.00 per hour,
34 and then increase each September 30th thereafter by $1.00 per
35 hour, until the Minimum Wage reaches $15.00 per hour on
36 September 30th, 2026. On September 30th of 2027 and on each
37 following September 30th, the state Agency for Workforce
38 Innovation shall calculate an adjusted Minimum Wage rate by
39 increasing the current Minimum Wage rate by the rate of
40 inflation during the twelve months prior to each September 1st
41 using the consumer price index for urban wage earners and
42 clerical workers, CPI-W, or a successor index as calculated by
43 the United States Department of Labor. Each adjusted Minimum
44 Wage rate calculated shall be published and take effect on the
45 following January 1st. For tipped Employees meeting eligibility
46 requirements for the tip credit under the FLSA, Employers may
47 credit towards satisfaction of the Minimum Wage tips up to the
48 amount of the allowable FLSA tip credit in 2003.
49 (d) RETALIATION PROHIBITED. It shall be unlawful for an
50 Employer or any other party to discriminate in any manner or
51 take adverse action against any person in retaliation for
52 exercising rights protected under this amendment. Rights
53 protected under this amendment include, but are not limited to,
54 the right to file a complaint or inform any person about any
55 party’s alleged noncompliance with this amendment, and the right
56 to inform any person of his or her potential rights under this
57 amendment and to assist him or her in asserting such rights.
58 (e) ENFORCEMENT. Persons aggrieved by a violation of this
59 amendment may bring a civil action in a court of competent
60 jurisdiction against an Employer or person violating this
61 amendment and, upon prevailing, shall recover the full amount of
62 any back wages unlawfully withheld plus the same amount as
63 liquidated damages, and shall be awarded reasonable attorney’s
64 fees and costs. In addition, they shall be entitled to such
65 legal or equitable relief as may be appropriate to remedy the
66 violation including, without limitation, reinstatement in
67 employment and/or injunctive relief. Any Employer or other
68 person found liable for willfully violating this amendment shall
69 also be subject to a fine payable to the state in the amount of
70 $1000.00 for each violation. The state attorney general or other
71 official designated by the state legislature may also bring a
72 civil action to enforce this amendment. Actions to enforce this
73 amendment shall be subject to a statute of limitations of four
74 years or, in the case of willful violations, five years. Such
75 actions may be brought as a class action pursuant to Rule 1.220
76 of the Florida Rules of Civil Procedure.
77 (f) ADDITIONAL LEGISLATION, IMPLEMENTATION AND
78 CONSTRUCTION. Implementing legislation is not required in order
79 to enforce this amendment. The state legislature may by statute
80 establish additional remedies or fines for violations of this
81 amendment, raise the applicable Minimum Wage rate, reduce the
82 tip credit, or extend coverage of the Minimum Wage to employers
83 or employees not covered by this amendment. The state
84 legislature may also establish a Minimum Training Wage rate less
85 than the Minimum Wage rate. The Minimum Training Wage rate must
86 be based on a federal temporary training wage rate, if any, or
87 on the findings of a study commissioned every three years by the
88 state legislature to determine a sufficient Minimum Training
89 Wage rate. Once established, an employer may elect to pay an
90 employee at the Minimum Training Wage rate, but a new employee
91 may not be paid at the Minimum Training Wage rate for a period
92 greater than six months after his or her date of hire. The state
93 legislature may by statute or the state Agency for Workforce
94 Innovation may by regulation adopt any measures appropriate for
95 the implementation of this amendment. This amendment provides
96 for payment of a minimum wage and shall not be construed to
97 preempt or otherwise limit the authority of the state
98 legislature or any other public body to adopt or enforce any
99 other law, regulation, requirement, policy or standard that
100 provides for payment of higher or supplemental wages or
101 benefits, or that extends such protections to employers or
102 employees not covered by this amendment. It is intended that
103 case law, administrative interpretations, and other guiding
104 standards developed under the federal FLSA shall guide the
105 construction of this amendment and any implementing statutes or
106 regulations.
107 (g) SEVERABILITY. If any part of this amendment, or the
108 application of this amendment to any person or circumstance, is
109 held invalid, the remainder of this amendment, including the
110 application of such part to other persons or circumstances,
111 shall not be affected by such a holding and shall continue in
112 full force and effect. To this end, the parts of this amendment
113 are severable.
114 BE IT FURTHER RESOLVED that the following statement be
115 placed on the ballot:
116 CONSTITUTIONAL AMENDMENT
117 ARTICLE X, SECTION 24
118 GRANTING THE LEGISLATURE AUTHORITY TO ESTABLISH A MINIMUM
119 TRAINING WAGE RATE.—Proposing an amendment to the State
120 Constitution to grant the Legislature authority to establish a
121 minimum training wage rate, less than the minimum wage rate,
122 which may be paid to employees during their first 6 months of
123 employment with a given employer. If the rate is established,
124 employers may elect to pay the minimum training wage rate to new
125 employees.