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         20.71Department 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.