Florida Senate - 2023 SB 1598
By Senator Torres
25-01799-23 20231598__
1 A bill to be entitled
2 An act relating to the Department of Labor; creating
3 s. 20.71, F.S.; creating the Department of Labor as a
4 new department of state government; providing for the
5 secretary of the department to be appointed by the
6 Governor and confirmed by the Senate; authorizing the
7 secretary to establish divisions and regional offices
8 of the department; providing the purpose of the
9 department; authorizing the department to adopt rules;
10 amending s. 448.109, F.S.; revising requirements for
11 notifying employees of certain rights; conforming
12 provisions to changes made by the act; amending s.
13 448.110, F.S.; designating the Department of Labor as
14 the state Agency for Workforce Innovation for purposes
15 of implementing s. 24, Art. X of the State
16 Constitution; providing definitions; revising the
17 protected rights of an employee; creating a rebuttable
18 presumption and burden of proof for an employer;
19 revising the process for filing a complaint for a
20 violation of protected rights; prohibiting a person or
21 entity from entering into certain contracts;
22 authorizing and providing the department certain
23 powers to conduct investigations, issue citations,
24 enforce and collect judgments by certain means, and
25 partner with other entities for enforcement and
26 education outreach; providing for injunctive relief
27 under certain circumstances; providing a process for
28 review of a citation, levy, or stop-order issued by
29 the department; providing penalties; tolling the
30 statute of limitations during an investigation;
31 providing liability; requiring certain records be
32 maintained for a specified length of time; creating s.
33 448.112, F.S.; creating the Department of Labor
34 Community Advisory Board within the Department of
35 Labor; providing for membership, meetings, and duties
36 of the advisory board; requiring an annual report to
37 the Secretary of the Department of Labor, the
38 Governor, and the Legislature by a specified date;
39 providing an effective date.
40
41 Be It Enacted by the Legislature of the State of Florida:
42
43 Section 1. Section 20.71, Florida Statutes, is created to
44 read:
45 20.71 Department of Labor; creation; powers and duties.—
46 (1) There is created the Department of Labor.
47 (2) The head of the department is the Secretary of Labor,
48 who shall be appointed by the Governor, subject to confirmation
49 by the Senate. The secretary shall serve at the pleasure of and
50 report to the Governor.
51 (3) The secretary may create divisions within the
52 department and allocate various functions of the department
53 among such divisions.
54 (4)(a) The headquarters of the department shall be located
55 in Tallahassee. However, the department may establish regional
56 offices throughout the state as the secretary deems necessary
57 for the efficient operation of the department in accomplishing
58 its purpose.
59 (b) The purpose of the department is to enforce s. 24, Art.
60 X of the State Constitution, s. 448.110, and any other law that
61 the department has enforcement authority over as designated by
62 the Legislature.
63 (5) The department may adopt rules as necessary to carry
64 out the functions and purposes of the department.
65 Section 2. Paragraph (a) of subsection (3) of section
66 448.109, Florida Statutes, is amended to read:
67 448.109 Notification of the state minimum wage.—
68 (3)(a) Each year the Department of Labor Department of
69 Economic Opportunity shall, on or before December 1, create and
70 make available to employers a poster in English, and in Spanish,
71 and any other languages, as necessary. The poster must give
72 notice of all of the following:
73 1. The right to the minimum wage as provided by s. 24, Art.
74 X of the State Constitution and s. 448.110.
75 2. The right to be protected from retaliation for
76 exercising in good faith any right protected under s. 24, Art. X
77 of the State Constitution and s. 448.110.
78 3. The right to file a complaint with the Department of
79 Labor or bring a civil action in a court of competent
80 jurisdiction for a violation of s. 24, Art. X of the State
81 Constitution or s. 448.110. which reads substantially as
82 follows:
83 NOTICE TO EMPLOYEES
84 The Florida minimum wage is $ ...(amount)... per hour, with a
85 minimum wage of at least $ ...(amount)... per hour for tipped
86 employees, in addition to tips, for January 1, ...(year)...,
87 through December 31, ...(year)....
88 The rate of the minimum wage is recalculated yearly on September
89 30, based on the Consumer Price Index. Every year on January 1
90 the new Florida minimum wage takes effect.
91 An employer may not retaliate against an employee for exercising
92 his or her right to receive the minimum wage. Rights protected
93 by the State Constitution include the right to:
94 1. File a complaint about an employer’s alleged noncompliance
95 with lawful minimum wage requirements.
96 2. Inform any person about an employer’s alleged noncompliance
97 with lawful minimum wage requirements.
98 3. Inform any person of his or her potential rights under
99 Section 24, Article X of the State Constitution and to
100 assist him or her in asserting such rights.
101 An employee who has not received the lawful minimum wage after
102 notifying his or her employer and giving the employer 15 days to
103 resolve any claims for unpaid wages may bring a civil action in
104 a court of law against an employer to recover back wages plus
105 damages and attorney’s fees.
106 An employer found liable for intentionally violating minimum
107 wage requirements is subject to a fine of $1,000 per violation,
108 payable to the state.
109 The Attorney General or other official designated by the
110 Legislature may bring a civil action to enforce the minimum
111 wage.
112 For details see Section 24, Article X of the State Constitution.
113 Section 3. Section 448.110, Florida Statutes, is amended to
114 read:
115 448.110 State minimum wage; annual wage adjustment;
116 enforcement.—
117 (1) This section may be cited as the “Florida Minimum Wage
118 Act.”
119 (2) The purpose of this section is to provide measures
120 appropriate for the implementation of s. 24, Art. X of the State
121 Constitution, in accordance with authority granted to the
122 Legislature under pursuant to s. 24(f), Art. X of the State
123 Constitution. To implement s. 24, Art. X of the State
124 Constitution, the Department of Labor Department of Economic
125 Opportunity is designated as the state Agency for Workforce
126 Innovation.
127 (3) As used in this section, the term:
128 (a) “Adverse action” means the discharge, suspension,
129 transfer, or demotion of an employee; the withholding of wage,
130 bonuses, benefits, or workable hours; filing, or threatening to
131 file, a false report with a government agency or engaging in
132 unfair immigration-related practices; or any other adverse
133 action taken against an employee within the terms and conditions
134 of employment by an employer.
135 (b) “Client employer” means a business entity, regardless
136 of its form, that obtains or is provided employees to perform
137 labor within its usual course of business from a labor
138 contractor. The term does not include:
139 1. A business entity with a workforce of 25 or fewer
140 employees, including those hired directly by the client employer
141 and those obtained from or provided by a labor contractor.
142 2. A business entity with a workforce of 5 or fewer
143 employees supplied by a labor contractor to the client employer
144 at any given time.
145 3. The state or a political subdivision of the state.
146 (c) “Department” means the Department of Labor.
147 (d) “Employee” has the same meaning as established under
148 the federal Fair Labor Standards Act and its implementing
149 regulations in effect on July 1, 2023.
150 (e) “Employer” has the same meaning as established under
151 the federal Fair Labor Standards Act and its implementing
152 regulations in effect on July 1, 2023.
153 (f) “Judgment debtor” means each person who is liable on a
154 judgment or order to pay a sum of money that remains
155 unsatisfied.
156 (g) “Labor contractor” means a person or entity that
157 supplies, with or without a contract, a client employer with
158 employees to perform labor within the client employer’s usual
159 course of business. The term does not include a bona fide
160 nonprofit, community-based organization that provides services
161 to employees or a labor organization or apprenticeship program
162 operating under a collective bargaining agreement.
163 (h) “Secretary” means the secretary of the department.
164 (i) “Usual course of business” means the regular and
165 customary work of a business performed within or upon the
166 premises or worksite of the client employer.
167 (4)(3) Effective May 2, 2005, employers shall pay employees
168 a minimum wage at an hourly rate of $6.15 for all hours worked
169 in Florida. Only those individuals entitled to receive the
170 federal minimum wage under the federal Fair Labor Standards Act
171 and its implementing regulations shall be eligible to receive
172 the state minimum wage under pursuant to s. 24, Art. X of the
173 State Constitution and this section. Sections 213 and 214 The
174 provisions of ss. 213 and 214 of the federal Fair Labor
175 Standards Act, as interpreted by applicable federal regulations
176 and implemented by the Secretary of Labor, are incorporated
177 herein.
178 (5)(a)(4)(a) Beginning September 30, 2005, and annually on
179 September 30 thereafter, the department of Economic Opportunity
180 shall calculate an adjusted state minimum wage rate by
181 increasing the state minimum wage by the rate of inflation for
182 the 12 months prior to September 1. In calculating the adjusted
183 state minimum wage, the department of Economic Opportunity shall
184 use the Consumer Price Index for Urban Wage Earners and Clerical
185 Workers, not seasonally adjusted, for the South Region or a
186 successor index as calculated by the United States Department of
187 Labor. Each adjusted state minimum wage rate shall take effect
188 on the following January 1, with the initial adjusted minimum
189 wage rate to take effect on January 1, 2006.
190 (b) The Department of Revenue and the department of
191 Economic Opportunity shall annually publish the amount of the
192 adjusted state minimum wage and the effective date. Publication
193 shall occur by posting the adjusted state minimum wage rate and
194 the effective date on the Internet home pages of the department
195 of Economic Opportunity and the Department of Revenue by October
196 15 of each year. In addition, to the extent funded in the
197 General Appropriations Act, the department of Economic
198 Opportunity shall provide written notice of the adjusted rate
199 and the effective date of the adjusted state minimum wage to all
200 employers registered in the most current reemployment assistance
201 database. Such notice shall be mailed by November 15 of each
202 year using the addresses included in the database. Employers are
203 responsible for maintaining current address information in the
204 reemployment assistance database. The department of Economic
205 Opportunity is not responsible for failure to provide notice due
206 to incorrect or incomplete address information in the database.
207 The department of Economic Opportunity shall provide the
208 Department of Revenue with the adjusted state minimum wage rate
209 information and effective date in a timely manner.
210 (6)(a)(5) It is shall be unlawful for an employer or any
211 other party to discriminate in any manner or take adverse action
212 against any person in retaliation for exercising rights
213 protected under pursuant to s. 24, Art. X of the State
214 Constitution or this section.
215 (b) Rights protected under s. 24, Art. X of the State
216 Constitution and this section include, but are not limited to:,
217 1. The right to file a complaint or inform any person of
218 his or her potential rights under pursuant to s. 24, Art. X of
219 the State Constitution or this section and to assist him or her
220 in asserting such rights.
221 2. The right to inform a person’s employer, union or other
222 similar organization, legal counsel, or any other person about
223 an alleged violation of s. 24, Art. X of the State Constitution
224 or this section.
225 3. The right to file a complaint with the department or
226 file a civil action in a court of competent jurisdiction for an
227 alleged violation of s. 24, Art. X of the State Constitution or
228 this section.
229 4. The right to cooperate with any investigation conducted
230 under this section and to testify in any proceeding or action
231 brought under this section.
232 5. The right to refuse to participate in an activity that
233 violates city, state, or federal law.
234 6. The right to oppose any policy, practice, or act that
235 violates s. 24, Art. X of the State Constitution or this
236 section.
237 (c) There is a rebuttable presumption that an employer has
238 violated s. 24, Art. X of the State Constitution or this section
239 if the employer takes adverse action against an employee within
240 90 days after the employee exercises a right under paragraph
241 (b). If an employee is a seasonal worker and his or her work
242 ended before the end of the 90-day period, the rebuttable
243 presumption applies if the employer fails to rehire the seasonal
244 worker in the same position at the next opportunity. The
245 rebuttable presumption may be overcome by clear and convincing
246 evidence.
247 (d) The protections provided under this section apply to
248 any employee who alleges a violation of s. 24, Art. X of the
249 State Constitution or this section in good faith. Any complaint
250 or other communication by an employee alleging a violation of s.
251 24, Art. X of the State Constitution or this section triggers
252 the protections under this section even if the complaint or
253 communication does not specifically reference this section.
254 (e) An employee who believes he or she has been
255 discriminated or retaliated against for exercising a right under
256 s. 24, Art. X of the State Constitution or this section may file
257 a complaint with the department or a civil action in a court of
258 competent jurisdiction within 4 years after the alleged
259 violation or, in the case of a willful violation, within 5 years
260 after the alleged violation.
261 (7) An employer has the burden of proving that a person is
262 an independent contractor and not an employee. A person who
263 receives remuneration for services provided is considered an
264 employee unless the employer proves:
265 (a) The person is free from control or direction by the
266 employer over the performance of such service.
267 (b) The service provided by the person is outside the usual
268 course of business of the employer.
269 (c) The person is customarily engaged in an independently
270 established trade, occupation, profession, or business.
271 (8) A person or entity may not enter into a contract or
272 agreement with an independent contractor for labor or services
273 if the person or entity knows or should know that the contract
274 or agreement does not include funds sufficient to allow the
275 independent contractor to comply with all applicable local,
276 state, and federal laws or regulations governing the labor or
277 services to be provided.
278 (9)(a) The department may commence investigations, actions,
279 and proceedings necessary to enforce this section. The
280 department has the sole discretion whether to investigate an
281 employer to determine if a violation of this section has
282 occurred.
283 (b) In order to encourage a person or organization to
284 report a suspected violation of this section, the department:
285 1. Must keep the name and other identifying information
286 about the reporter confidential to the extent permitted by law.
287 The department may disclose the reporter’s name or
288 identification with the written consent of the reporter.
289 2. Must provide a notice form to an employer being
290 investigated, which must be posted in a conspicuous and
291 accessible location at the workplace, notifying the employees
292 that the department is conducting an investigation under this
293 section. The notice form must be in English and any other
294 language that is the primary language of a majority of the
295 employees in the workplace. If display of the notice form is not
296 feasible, the employer must provide it to each employee through
297 electronic means and also provide each employee a physical copy
298 of the notice form.
299 3. May certify the eligibility of a person for a visa under
300 8 U.S.C. s. 1184(p) and 8 U.S.C. s. 1101(a)(15)(U), subject to
301 applicable federal law and regulations, and other rules issued
302 by the department.
303 (10)(a) During an investigation under this section, the
304 department has the power to:
305 1. Enter and inspect the workplace.
306 2. Inspect and make copies of papers, books, accounts,
307 records, payroll, and other documents necessary to further its
308 investigation.
309 3. Question witnesses under oath and in a private location.
310 4. Issue subpoenas to compel the attendance and testimony
311 of witnesses and the production of papers, books, accounts,
312 records, payroll, and other documents necessary to further its
313 investigation.
314 5. Take depositions and affidavits.
315 6. Investigate any facts, conditions, practices, or matters
316 as the department deems appropriate to determine whether a
317 violation of this section has occurred.
318 (b) If an employer fails to comply with a lawfully issued
319 subpoena or if a witness refuses to testify or be questioned,
320 the department may request that the court compel compliance by
321 initiating a proceeding for contempt. The court shall take
322 judicial notice under s. 90.202(13) of the department’s seal,
323 “Department of Labor-State of Florida,” and shall enforce any
324 subpoena issued by the secretary or his or her representative
325 under such seal.
326 (c) During an administrative or civil proceeding under this
327 section, an employer may not introduce any documentation as
328 evidence that was not provided to the department.
329 (11)(a) During the course of an investigation under this
330 section, the department or the Attorney General may seek
331 injunctive relief upon a finding of reasonable cause that a
332 violation has occurred.
333 (b) When determining whether injunctive relief is
334 appropriate, the court shall consider any direct harm to an
335 employee from a violation of this section and the chilling
336 effect on other employees attempting to assert their rights
337 under this section. Reasonable cause exists for a court to issue
338 an injunction if an employee has faced adverse action for
339 asserting his or her rights under this section.
340 (c) A temporary injunction remains in effect until the
341 department issues a citation to the employer or until the
342 completion of an administrative hearing, whichever is longer, or
343 until a time certain set by the court. A temporary injunction
344 does not prohibit an employer from taking adverse action against
345 an employee for conduct unrelated to an alleged violation of
346 this section.
347 (d) The court may issue a preliminary or permanent
348 injunction if it determines such injunction is just and proper.
349 (12)(a) If a violation of this section is found during an
350 investigation and the violation has not been remedied by the end
351 of the investigation, the department must issue a citation to
352 the employer. The citation must be in writing and describe the
353 nature of the violation and include any and all appropriate
354 relief. Appropriate relief includes requiring an employer to
355 cease and desist; to take any action necessary to remedy the
356 violation, such as rehiring or reinstating an employee,
357 reimbursing lost wages, or paying liquidated damages or other
358 fines and penalties; to take training classes relating to
359 compliance with this section; or to submit to compliance
360 monitoring by the department. The department shall serve the
361 citation in a manner provided by the Florida Rules of Civil
362 Procedure. The citation must advise the employer of his or her
363 right to an administrative hearing to have the citation
364 reviewed.
365 (b) Within 30 days after service of a citation, an employer
366 must comply with all appropriate relief specified in the
367 citation or may obtain review of the citation by providing a
368 written request for review to the office of the secretary. Upon
369 receipt of a written request for review, the secretary shall
370 assign the citation to an administrative law judge to conduct a
371 hearing and issue a written decision. Hearings conducted under
372 this subsection are governed by the department and the rules of
373 practice and procedure adopted by the department.
374 (c) An administrative hearing must commence within 90 days
375 after receipt of a timely submitted request for review. The
376 administrative law judge must render a written decision within
377 90 days after the conclusion of the hearing. The decision must
378 include a statement of findings, conclusions of law, and a
379 recommended order that specifies all appropriate relief as
380 authorized under paragraph (a), including the amount required
381 for an appeal bond should the employer choose to obtain review
382 of the order issued under this paragraph. The decision must be
383 served on all parties in a manner provided by the Florida Rules
384 of Civil Procedure. If the recommended order includes a monetary
385 remedy, the amount is due 45 days after the written decision is
386 properly served on the employer.
387 (d)1. An employer may obtain review of the written decision
388 and order issued under paragraph (c) by filing a petition for a
389 writ of mandamus to a court having jurisdiction within 45 days
390 after the written decision is properly served on the employer.
391 If a petition for a writ of mandamus is not filed within the
392 appropriate time, the recommended order in the written decision
393 becomes final.
394 2. Before an employer may obtain review of the decision, he
395 or she must post an appeal bond, in the amount specified in the
396 recommended order, issued by a licensed surety or as a cash
397 deposit with the court. The employer shall provide written
398 notice to the department and any other parties of the posting of
399 the appeal bond.
400 3. A court may overturn a decision based on abuse of
401 discretion. An employer establishes an abuse of discretion if he
402 or she alleges that the findings are not supported by the
403 evidence and the court determines that the findings are not
404 supported by substantial evidence when looking at the entire
405 record.
406 4. If the court issues an order in favor of the aggrieved
407 party or if the appeal is withdrawn or dismissed without entry
408 of judgment, the employer is liable for the relief specified in
409 the written decision from the administrative hearing, unless the
410 parties execute a settlement agreement, in which case the
411 employer is liable for the relief specified in the settlement
412 agreement. If the written decision from the administrative
413 hearing or the settlement agreement provides for monetary
414 relief, and the employer fails to pay the amount owed within 10
415 days after entry of a judgment, dismissal or withdrawal of the
416 appeal, or the execution of a settlement agreement, a portion of
417 the appeal bond equal to the amount owed, or the entire appeal
418 bond if the amount owed exceeds the amount of the bond, must be
419 paid to the aggrieved party.
420 5. If the employer does not request review of the citation
421 under paragraph (b), file a writ of mandamus under subparagraph
422 1., or post the appeal bond as required in subparagraph 2., and
423 the time to do so has expired, or if the petition for a writ of
424 mandamus is dismissed or withdrawn without entry of judgment,
425 the clerk of the court must certify a copy of the citation or
426 written decision and order issued by the department or by the
427 administrative law judge, respectively, and enter judgment for
428 the state or aggrieved party. The judgment has the same force
429 and effect as a judgment entered in a civil action and may be
430 enforced in the same manner as any other judgment of the court.
431 The court shall give priority to petitions to enforce a judgment
432 entered under this section.
433 6. If an employer fails to comply with a citation or final
434 order, whether issued by the department, administrative law
435 judge, or court, and has exhausted all reviews or appeals or the
436 time to file a review or appeal has expired, the department or
437 the Attorney General may commence and prosecute a civil action
438 to recover unpaid wages, including interest, fines, or
439 penalties; equitable relief; or liquidated damages owed to an
440 aggrieved person. The prevailing party is entitled to applicable
441 fines or civil penalties and reasonable attorney fees and costs.
442 (6)(a) Any person aggrieved by a violation of this section
443 may bring a civil action in a court of competent jurisdiction
444 against an employer violating this section or a party violating
445 subsection (5). However, prior to bringing any claim for unpaid
446 minimum wages pursuant to this section, the person aggrieved
447 shall notify the employer alleged to have violated this section,
448 in writing, of an intent to initiate such an action. The notice
449 must identify the minimum wage to which the person aggrieved
450 claims entitlement, the actual or estimated work dates and hours
451 for which payment is sought, and the total amount of alleged
452 unpaid wages through the date of the notice.
453 (b) The employer shall have 15 calendar days after receipt
454 of the notice to pay the total amount of unpaid wages or
455 otherwise resolve the claim to the satisfaction of the person
456 aggrieved. The statute of limitations for bringing an action
457 pursuant to this section shall be tolled during this 15-day
458 period. If the employer fails to pay the total amount of unpaid
459 wages or otherwise resolve the claim to the satisfaction of the
460 person aggrieved, then the person aggrieved may bring a claim
461 for unpaid minimum wages, the terms of which must be consistent
462 with the contents of the notice.
463 (13)(a)(c)1. Upon prevailing in a civil an action brought
464 under paragraph (6)(e) pursuant to this section, aggrieved
465 persons shall recover the full amount of any unpaid back wages,
466 plus interest, unlawfully withheld plus up to two times the
467 unpaid wages the same amount as liquidated damages and shall be
468 awarded reasonable attorney attorney’s fees and costs.
469 Additionally, As provided under the federal Fair Labor Standards
470 Act, pursuant to s. 11 of the Portal-to-Portal Act of 1947, 29
471 U.S.C. s. 260, if the employer proves by a preponderance of the
472 evidence that the act or omission giving rise to such action was
473 in good faith and that the employer had reasonable grounds for
474 believing that his or her act or omission was not a violation of
475 s. 24, Art. X of the State Constitution, the court may, in its
476 sound discretion, award no liquidated damages or award any
477 amount thereof not to exceed an amount equal to the amount of
478 unpaid minimum wages. The court shall not award any economic
479 damages on a claim for unpaid minimum wages not expressly
480 authorized in this section.
481 2. Upon prevailing in an action brought pursuant to this
482 section, aggrieved persons are shall also be entitled to such
483 legal or equitable relief as may be appropriate to remedy the
484 violation, including, without limitation, reinstatement in
485 employment and injunctive relief. However, any entitlement to
486 legal or equitable relief in an action brought under s. 24, Art.
487 X of the State Constitution or this section may shall not
488 include punitive damages.
489 (b) If an employer is found to have willfully violated this
490 section, the department, administrative law judge, or court may
491 impose a fine of $1,000 per violation payable to the state.
492 (c) Any employer or other person found to have hindered,
493 prevented, impeded, or interfered with the department or
494 administrative hearing body in the performance of their duties
495 is subject to a civil penalty of not less than $1,000 and not
496 more than $5,000, which may be assessed by the department,
497 administrative law judge, or court.
498 (d) If the department, administrative law judge, or court
499 finds that an employer took adverse action or retaliated against
500 an employee in violation of subsection (6):
501 1. The department, administrative law judge, or court may
502 order reinstatement of the aggrieved party, front pay in lieu of
503 reinstatement, backpay, liquidated damages up to two times the
504 amount of the unpaid wages, and other compensatory damages as
505 appropriate.
506 2. The department, administrative law judge, or court may
507 impose an administrative penalty not to exceed $5,000 payable to
508 the aggrieved party.
509 (e)(d) Any civil action brought under s. 24, Art. X of the
510 State Constitution and this section is shall be subject to s.
511 768.79.
512 (7) The Attorney General may bring a civil action to
513 enforce this section. The Attorney General may seek injunctive
514 relief. In addition to injunctive relief, or in lieu thereof,
515 for any employer or other person found to have willfully
516 violated this section, the Attorney General may seek to impose a
517 fine of $1,000 per violation, payable to the state.
518 (14)(8) The statute of limitations for an action brought
519 under pursuant to this section is shall be for the period of
520 time specified in s. 95.11 beginning on the date the alleged
521 violation occurred. The statute of limitations applicable to an
522 action under this section is tolled during the department’s
523 investigation and any administrative enforcement under this
524 section.
525 (15)(9) Actions brought under pursuant to this section may
526 be brought as a class action pursuant to Rule 1.220, Florida
527 Rules of Civil Procedure. In any class action brought under
528 pursuant to this section, the plaintiffs must shall prove, by a
529 preponderance of the evidence, the individual identity of each
530 class member and the individual damages of each class member.
531 (16)(10) This section is shall constitute the exclusive
532 remedy under state law for violations of s. 24, Art. X of the
533 State Constitution.
534 (17) The department shall make reasonable efforts to ensure
535 that judgments against an employer are satisfied and may use any
536 remedy that is available to a judgment creditor to collect an
537 unsatisfied judgment. The department may collect wages, damages,
538 and other monetary remedies on behalf of an employee. The
539 department acts as the trustee of any unsatisfied judgment it
540 collects and shall deposit such wages, damages, or other
541 monetary remedy in the appropriate fund as provided by rule. The
542 department shall conduct a diligent search for any employee for
543 whom it collects an unsatisfied judgment.
544 (18)(a) Beginning on the 20th day after a judgment is
545 entered by the clerk of the court under paragraph (12)(d) or
546 otherwise by a court of competent jurisdiction in favor of the
547 state or aggrieved party, the department may issue a notice of
548 levy on all persons having in their possession or under their
549 control any credits, money, or property belonging to the
550 judgment debtor. If the levy is made on credits, money, or
551 property in the possession or under the control of a bank,
552 savings and loan association, or other financial institution as
553 defined in 42 U.S.C. s. 669a(d)(1), the notice of levy may be
554 mailed or hand-delivered to a centralized location designated by
555 the bank, savings and loan association, or other financial
556 institution.
557 (b) Any person who receives a notice of levy shall
558 surrender the credits, money, or property to the department or
559 pay to the department the amount of any debt owed within 10 days
560 after service of the levy. Any person who surrenders to the
561 department any credits, money, or property of the judgment
562 debtor is discharged from any obligation or liability to the
563 judgment debtor relating to the amount paid to the department.
564 (c) Any person who receives a notice of levy from the
565 department and fails or refuses to surrender any credits, money,
566 or property of the judgment debtor is liable to the department
567 for the amount specified in the notice of levy.
568 (d) Any fees, commissions, expenses, or costs associated
569 with the sale of property levied under this subsection are the
570 obligation of the judgment debtor and may be collected by virtue
571 of the levy or in any other manner as though the fees,
572 commissions, expenses, or costs were part of the judgment.
573 (e) The department may create a lien on any real or
574 personal property of an employer found in violation of s. 24,
575 Art. X of the State Constitution or this section. The department
576 must release the lien upon final satisfaction of any judgment
577 entered in favor of an aggrieved party or the department, or
578 upon adjudication of the claim in favor of the employer. A lien
579 created under this paragraph lasts 10 years after the date it is
580 created unless the lien is satisfied or released. A lien created
581 under this paragraph is in addition to any other rights
582 available to an aggrieved party or the department.
583 (19)(a) If a citation issued by the department, written
584 decision and order issued by an administrative law judge, or
585 final judgment awarded under this section remains unsatisfied 30
586 days after all reviews and appeals have been exhausted or the
587 time to request a review or file an appeal has expired, the
588 department may issue a stop-order prohibiting the employer from
589 conducting business in the state using employee labor, including
590 conducting business using the labor of another business,
591 contractor, or subcontractor instead of the labor of an
592 employee, until the judgment is satisfied. The stop-order is
593 effective upon receipt of the order and the employer must pay
594 employees up to 10 days of lost wages due to the stop-order.
595 (b) An employer may appeal the stop-order by filing, within
596 20 days after receipt of the stop-order, a written request with
597 the department for an administrative hearing. The hearing must
598 be held within 5 days after receipt of the written request, at
599 which time the stop-order must be affirmed or dismissed and the
600 department shall mail a written notice of findings by United
601 States mail to all parties within 24 hours after the conclusion
602 of the hearing. A party may appeal the written notice of
603 findings to a court of competent jurisdiction within 45 days
604 after the notice is mailed. The department may seek injunctive
605 or other appropriate relief to enforce the stop-order and is
606 entitled to attorney fees and costs if the department prevails.
607 (c) An employer, owner, director, officer, or managing
608 agent of an employer who fails to comply with a stop-order
609 issued under this subsection is guilty of a misdemeanor of the
610 second degree, punishable as provided in s. 775.082 or s.
611 775.083.
612 (d) This subsection does not apply if the stop-order would
613 compromise public safety or the life, health, and care of a
614 vulnerable person as defined in s. 435.02.
615 (20) If a citation issued by the department, written
616 decision and order issued by an administrative law judge, or
617 final judgment awarded under this section remains unsatisfied 30
618 days after all reviews or appeals have been exhausted or the
619 time to request a review or file an appeal has expired, the
620 department may request that the appropriate state agency, and
621 the state agency is authorized to, deny, suspend, or revoke any
622 license held by the employer until such time as the judgment is
623 satisfied.
624 (21) Any person acting on behalf of an employer may be held
625 liable as the employer for a violation of s. 24, Art. X of the
626 State Constitution or this section. A client employer is jointly
627 and severally liable with a labor contractor for the payment of
628 unpaid wages, interest, liquidated damages, fines, or penalties
629 awarded under this section.
630 (22) All employers, client employers, and labor contractors
631 shall create records documenting compliance with s. 24, Art. X
632 of the State Constitution and this section in accordance with
633 department rules. Records must be maintained for a minimum of 5
634 years after an employee leaves the employment of the employer or
635 client employer, or is no longer working with a labor
636 contractor. An employer, client employer, or labor contractor
637 must allow the department reasonable access to the records when
638 requested. If an employee, or other authorized person or entity,
639 alleges a violation of s. 24, Art. X of the State Constitution
640 or this section and the employer, client employer, or labor
641 contractor has not created and maintained records as required
642 under this subsection, there is a rebuttable presumption that
643 the employer, client employer, or labor contractor is in
644 violation of the law. The employer, client employer, or labor
645 contractor can overcome this presumption with clear and
646 convincing evidence.
647 (23) The department may enter into agreements with local,
648 state, or federal agencies to assist in the administration and
649 enforcement of this section.
650 (24) Subject to appropriation of funds by the Legislature,
651 the department shall establish and maintain an outreach and
652 education partnership program to promote awareness of, and
653 compliance with, s. 24, Art. X of the State Constitution and
654 this section. The department shall pursue partnerships with
655 community-based organizations and unions through a competitive
656 request for proposals. Duties of the outreach and education
657 partnership program may include:
658 (a) Disseminating information and conducting outreach and
659 training to educate employees about their rights.
660 (b) Conducting educational training for employers about
661 their obligations.
662 (c) Assisting employees with filing a claim for a violation
663 under s. 24, Art. X of the State Constitution or this section.
664 (d) Assisting the department in conducting investigations
665 under this section, including the collection of evidence and
666 enforcement of a judgment.
667 (e) Monitoring compliance with s. 24, Art. X of the State
668 Constitution and this section.
669 (f) Establishing networks for education, communication, and
670 participation in the workplace and community.
671 (g) Producing and disseminating training materials to
672 employers and employees.
673 (25)(11) Except for calculating the adjusted state minimum
674 wage and publishing the initial state minimum wage and any
675 annual adjustments thereto, the authority of the department of
676 Economic Opportunity in implementing s. 24, Art. X of the State
677 Constitution, pursuant to this section, is shall be limited to
678 that authority expressly granted by the Legislature.
679 Section 4. Section 448.112, Florida Statutes, is created to
680 read:
681 448.112 Department of Labor Community Advisory Board.—The
682 Department of Labor Community Advisory Board is established
683 within the Department of Labor.
684 (1) The advisory board shall consist of the following
685 members who must be approved by the Secretary of the Department
686 of Labor:
687 (a) A representative from the Department of Labor.
688 (b) A representative from the Department of Economic
689 Opportunity.
690 (c) A representative from the Department of Education.
691 (d) A representative from the Florida Chamber of Commerce.
692 (e) A representative from a small business as defined in s.
693 288.703.
694 (f) Four representatives from labor organizations as
695 defined in s. 447.02(1) throughout the state.
696 (2) Members of the advisory board shall be appointed for 2
697 year terms, which shall be staggered.
698 (3) Members of the advisory board shall serve without
699 compensation and are not entitled to receive reimbursement for
700 per diem or travel expenses.
701 (4) The advisory board shall meet at least three times a
702 year in order to review reports and projects of the Department
703 of Labor. Meetings of the advisory board must be open to the
704 public and provide the opportunity for public comment.
705 (5) The advisory board shall submit an annual report to the
706 Secretary of the Department of Labor recommending changes to
707 existing state policies and programs to ensure worker safety and
708 equity, with particular emphasis on racial equity and low-wage
709 and migrant workers.
710 (6) By January 1, 2024, and annually thereafter, the
711 Secretary of the Department of Labor shall submit the annual
712 report to the Governor, the President of the Senate, and the
713 Speaker of the House of Representatives.
714 Section 5. This act shall take effect July 1, 2023.