Florida Senate - 2024 SB 1388 By Senator Torres 25-00554-24 20241388__ Page 1 of 29 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to the Division of Labor Standards; 2 amending s. 20.60, F.S.; creating the Division of 3 Labor Standards within the Department of Commerce for 4 specified purposes; specifying that the department is 5 the state’s chief agency for employee protection; 6 requiring the department to support and protect the 7 state’s workforce in a specified manner; amending s. 8 448.109, F.S.; revising requirements for notifying 9 employees of certain rights; conforming provisions to 10 changes made by the act; amending s. 448.110, F.S.; 11 designating the Division of Labor Standards as the 12 state Agency for Workforce Innovation for purposes of 13 implementing s. 24, Art.

X of the State Constitution; 14 providing

definitions; revising the protected rights 15 of an employee; creating a rebuttable presumption and 16 burden of proof for an employer; revising the process 17 for filing a complaint for a violation of protected 18 rights; specifying that certain actions are violations 19 of the state minimum wage law; prohibiting a person or 20 entity from entering into certain contracts; 21 authorizing and providing the division certain powers 22 to conduct investigations, issue citations, enforce 23 and collect judgments by certain means, and partner 24 with other entities for enforcement and education 25 outreach; providing for injunctive relief under 26 certain circumstances; providing a process for review 27 of a citation, levy, or stop-order issued by the 28 division; authorizing an aggrieved person to file a 29

Florida Senate - 2024 SB 1388 25-00554-24 20241388__ Page 2 of 29 CODING: Words stricken are deletions; words underlined are additions. civil action; providing penalties; tolling the statute 30 of limitations during an investigation; providing 31 liability; requiring certain records be maintained for 32 a specified length of time; creating s. 448.112, F.S.; 33 creating the Division of Labor Standards Community 34 Advisory Board within the Division of Labor Standards; 35 providing for membership, meetings, and duties of the 36 advisory board; requiring annual reports to the 37 director of the Division of Labor Standards, the 38 Governor, and the Legislature; providing an effective 39 date. 40 41 Be It Enacted by the Legislature of the State of Florida: 42 43

Section 1. Paragraph (

a) of subsection (3) and subsection 44 (4) of

section 20.60, Florida Statutes, are amended to read: 45 20.60 Department of Commerce; creation; powers and duties.— 46 (3)(

a) The following divisions and offices of the 47 Department of Commerce are established: 48 1. The Division of Economic Development. 49 2. The Division of Community Development. 50 3. The Division of Workforce Services. 51 4. The Division of Finance and Administration. 52 5. The Division of Information Technology. 53 6. The Office of the Secretary. 54 7. The Office of Economic Accountability and Transparency, 55 which shall: 56 a. Oversee the department’s critical objectives as 57 determined by the secretary and make sure that the department’s 58

Florida Senate - 2024 SB 1388 25-00554-24 20241388__ Page 3 of 29 CODING: Words stricken are deletions; words underlined are additions. key objectives are clearly communicated to the public. 59 b. Organize department resources, expertise, data, and 60 research to focus on and solve the complex economic challenges 61 facing the state. 62 c.

Provide leadership for the department’s priority issues 63 that require integration of policy, management, and critical 64 objectives from multiple programs and organizations internal and 65 external to the department; and organize and manage external 66 communication on such priority issues. 67 d. Promote and facilitate key department initiatives to 68 address priority economic issues and explore data and identify 69 opportunities for innovative approaches to address such economic 70 issues. 71 e. Promote strategic planning for the department. 72 8. The Division of Labor Standards, which shall: 73 a.

Administer and enforce s. 24, Art. X of the State 74 Constitution, s. 448.110, and any other statutes and laws, or 75 parts thereof, that the division has been granted administrative 76 or enforcement authority over by the Legislature. 77 b. Promote compliance with s. 24, Art. X of the State 78 Constitution, s. 448.110, and any other statutes and laws, or 79 parts thereof, that the division has been granted administrative 80 or enforcement authority over by the Legislature through 81 investigative and enforcement actions, local outreach, technical 82 assistance, and training. 83 c.

Investigate and ascertain the wages of persons employed 84 in any occupation or place of employment in the state as the 85 division finds necessary and proper. 86 d. Partner with communities, businesses, and employees in 87

Florida Senate - 2024 SB 1388 25-00554-24 20241388__ Page 4 of 29 CODING: Words stricken are deletions; words underlined are additions. the state for stakeholder input and collaboration. 88 e. Adopt rules as necessary to carry out the functions and 89 purposes of the division. 90

(4) The purpose of the department is to assist the Governor 91 in working with the Legislature, state agencies, business 92 leaders, and economic development professionals to formulate and 93 implement coherent and consistent policies and strategies 94 designed to promote economic opportunities for all Floridians. 95 The department is the state’s chief agency for business 96 recruitment and expansion, employee protection, and economic 97 development. To accomplish such purposes, the department shall: 98 (

a) Facilitate the direct involvement of the Governor and 99 the Lieutenant Governor in economic development and workforce 100 development projects designed to create, expand, and retain 101 businesses in this state; to recruit business from around the 102 world; to promote the state as a pro-business location for new 103 investment; and to facilitate other job-creating efforts. 104 (

b) Recruit new businesses to this state and promote the 105 expansion of existing businesses by expediting permitting and 106 location decisions, worker placement and training, and incentive 107 awards. 108 (

c) Promote viable, sustainable communities by providing 109 technical assistance and guidance on growth and development 110 issues, grants, and other assistance to local communities. 111 (

d) Ensure that the state’s goals and policies relating to 112 economic development, workforce development, community planning 113 and development, and affordable housing are fully integrated 114 with appropriate implementation strategies. 115 (

e) Manage the activities of public-private partnerships 116

Florida Senate - 2024 SB 1388 25-00554-24 20241388__ Page 5 of 29 CODING: Words stricken are deletions; words underlined are additions. and state agencies in order to avoid duplication and promote 117 coordinated and consistent implementation of programs in areas 118 including, but not limited to, tourism; international trade and 119 investment; business recruitment, creation, retention, and 120 expansion; minority and small business development; defense, 121 space, and aerospace development; rural community development; 122 and the development and promotion of professional and amateur 123 sporting events. 124 (

f) Coordinate with state agencies on the processing of 125 state development approvals or permits to minimize the 126 duplication of information provided by the applicant and the 127 time before approval or disapproval. 128 (

g) Contract with the Florida Sports Foundation to guide, 129 stimulate, and promote the sports industry in this state; to 130 promote the participation of residents of this state in amateur 131 athletic competition; and to promote this state as a host for 132 national and international amateur athletic competitions. 133 (

h) Encourage and oversee the coordination of international 134 trade development efforts of public institutions, business 135 associations, economic development councils, and private 136 industry. 137 (

i) Contract with the direct-support organization created 138 in s. 288.012, to assist with coordination described in 139 paragraph (h); provide services through State of Florida 140 international offices; and assist in developing and carrying out 141 the 5-year statewide strategic plan as it relates to foreign 142 investment, international partnerships, and other international 143 business and trade development. 144 (

j) Support Florida’s defense, space, and aerospace 145

Florida Senate - 2024 SB 1388 25-00554-24 20241388__ Page 6 of 29 CODING: Words stricken are deletions; words underlined are additions. industries, including research and development, and strengthen 146 this state’s existing leadership in defense, space, and 147 aerospace activity and economic growth. 148 (

k) Assist, promote, and enhance economic opportunities for 149 this state’s minority-owned businesses and rural and urban 150 communities. 151 (

l) Contract with the Florida Tourism Industry Marketing 152 Corporation to execute tourism promotion and marketing services, 153 functions, and programs for the state and advise the department 154 on the development of domestic and international tourism 155 marketing campaigns featuring this state. 156 (

m) Support and protect Florida’s workforce and bolster 157 state revenue by ensuring a fair day’s pay for employees and 158 strengthening business through fair competition. 159

Section 2. Paragraph (

a) of subsection (3) of

section 160 448.109, Florida Statutes, is amended to read: 161 448.109 Notification of the state minimum wage.— 162 (3)(

a) Each year the Division of Labor Standards Department 163 of Economic Opportunity shall, on or before December 1, create 164 and make available to employers a poster in English, and in 165 Spanish, and any other languages, as necessary. The poster must 166 give notice of all of the following: 167 1. The right to the minimum wage as provided by s. 24, Art. 168 X of the State Constitution and s. 448.110. 169 2. The right to be protected from retaliation for 170 exercising in good faith any right protected under s. 24, Art. X 171 of the State Constitution and s. 448.110. 172 3.

The right to file a complaint with the Division of Labor 173 Standards or bring a civil action in a court of competent 174

Florida Senate - 2024 SB 1388 25-00554-24 20241388__ Page 7 of 29 CODING: Words stricken are deletions; words underlined are additions. jurisdiction for a violation of s. 24, Art.

X of the State 175 Constitution or s. 448.110. which reads substantially as 176 follows: 177 NOTICE TO EMPLOYEES 178 The Florida minimum wage is $ ...(amount)... per hour, with a 179 minimum wage of at least $ ...(amount)... per hour for tipped 180 employees, in addition to tips, for January 1, ...(year)..., 181 through December 31, ...(year).... 182 The rate of the minimum wage is recalculated yearly on September 183 30, based on the Consumer Price Index.

Every year on January 1 184 the new Florida minimum wage takes effect. 185 An employer may not retaliate against an employee for exercising 186 his or her right to receive the minimum wage. Rights protected 187 by the State Constitution include the right to: 188 1. File a complaint about an employer’s alleged noncompliance 189 with lawful minimum wage requirements. 190 2. Inform any person about an employer’s alleged noncompliance 191 with lawful minimum wage requirements. 192 3. Inform any person of his or her potential rights under 193

Section 24,

Article X of the State Constitution and to 194 assist him or her in asserting such rights. 195 An employee who has not received the lawful minimum wage after 196 notifying his or her employer and giving the employer 15 days to 197 resolve any claims for unpaid wages may bring a civil action in 198 a court of law against an employer to recover back wages plus 199 damages and attorney’s fees. 200 An employer found liable for intentionally violating minimum 201 wage requirements is subject to a fine of $1,000 per violation, 202 payable to the state. 203

Florida Senate - 2024 SB 1388 25-00554-24 20241388__ Page 8 of 29 CODING: Words stricken are deletions; words underlined are additions. The Attorney General or other official designated by the 204 Legislature may bring a civil action to enforce the minimum 205 wage. 206 For details see

Section 24,

Article X of the State Constitution. 207

Section

Section 448.110, Florida Statutes, is amended to 208 read: 209 448.110 State minimum wage; annual wage adjustment; 210 enforcement.— 211

(1) This

section may be cited as the “Florida Minimum Wage 212 Act.” 213

(2) The purpose of this

section is to provide measures 214 appropriate for the implementation of s. 24, Art. X of the State 215 Constitution, in accordance with authority granted to the 216 Legislature under pursuant to s. 24(f), Art. X of the State 217 Constitution. To implement s. 24, Art. X of the State 218 Constitution, the Division of Labor Standards, a division within 219 the Department of Commerce Department of Economic Opportunity is 220 designated as the state Agency for Workforce Innovation. 221

(3) As used in this section, the term: 222 (a) “Adverse action” means the discharge, suspension, 223 transfer, or demotion of an employee; the withholding of wage, 224 bonuses, benefits, or workable hours; filing, or threatening to 225 file, a false report with a government agency or engaging in 226 unfair immigration-related practices; or any other adverse 227 action taken against an employee within the terms and conditions 228 of employment by an employer. 229 (b) “Client employer” means a business entity, regardless 230 of its form, that obtains or is provided employees to perform 231 labor within its usual course of business from a labor 232

Florida Senate - 2024 SB 1388 25-00554-24 20241388__ Page 9 of 29 CODING: Words stricken are deletions; words underlined are additions. contractor. The term does not include: 233 1. A business entity with a workforce of 25 or fewer 234 employees, including those hired directly by the client employer 235 and those obtained from or provided by a labor contractor. 236 2. A business entity with a workforce of five or fewer 237 employees supplied by a labor contractor to the client employer 238 at any given time. 239 3.

The state or a political subdivision of the state. 240 (c) “Director” means the director of the Division of Labor 241 Standards. 242 (d) “Division” means the Division of Labor Standards of the 243 Department of Commerce. 244 (e) “Employee” means a person employed by an employer, 245 including, but not limited to, full-time employees, part-time 246 employees, and temporary employees. 247 (f) “Employer” has the same meaning as established under 248 the federal Fair Labor Standards Act and its implementing 249 regulations in effect on July 1, 2024. 250 (g) “Judgment debtor” means each person who is liable on a 251 judgment or order to pay a sum of money that remains 252 unsatisfied. 253 (h)“Labor contractor” means a person or entity that 254 supplies, with or without a contract, a client employer with 255 employees to perform labor within the client employer’s usual 256 course of business.

The term does not include a bona fide 257 nonprofit, community-based organization that provides services 258 to employees or a labor organization or apprenticeship program 259 operating under a collective bargaining agreement. 260 (i) “Usual course of business” means the regular and 261

Florida Senate - 2024 SB 1388 25-00554-24 20241388__ Page 10 of 29 CODING: Words stricken are deletions; words underlined are additions. customary work of a business performed within or upon the 262 premises or worksite of the client employer. 263 (4)

(3) Employers shall pay employees a minimum wage at an 264 hourly rate of $6.15 for all hours worked in Florida. Only those 265 individuals entitled to receive the federal minimum wage under 266 the federal Fair Labor Standards Act, as amended, and its 267 implementing regulations shall be eligible to receive the state 268 minimum wage under pursuant to s. 24, Art. X of the State 269 Constitution and this section. Sections 213 and 214 The 270 provisions of ss. 213 and 214 of the federal Fair Labor 271 Standards Act, as interpreted by applicable federal regulations 272 and implemented by the Secretary of Labor, are incorporated 273 herein. 274 (5)(a)(4)(

a) Beginning September 30, 2005, and annually on 275 September 30 thereafter, the division department of Economic 276 Opportunity shall calculate an adjusted state minimum wage rate 277 by increasing the state minimum wage by the rate of inflation 278 for the 12 months prior to September 1. In calculating the 279 adjusted state minimum wage, the division department of Economic 280 Opportunity shall use the Consumer Price Index for Urban Wage 281 Earners and Clerical Workers, not seasonally adjusted, for the 282 South Region or a successor index as calculated by the United 283 States Department of Labor.

Each adjusted state minimum wage 284 rate shall take effect on the following January 1, with the 285 initial adjusted minimum wage rate to take effect on January 1, 286 2006. 287 (

b) The Department of Revenue and the division department 288 of Economic Opportunity shall annually publish the amount of the 289 adjusted state minimum wage and the effective date. Publication 290

Florida Senate - 2024 SB 1388 25-00554-24 20241388__ Page 11 of 29 CODING: Words stricken are deletions; words underlined are additions. shall occur by posting the adjusted state minimum wage rate and 291 the effective date on the Internet home pages of the division 292 department of Economic Opportunity and the Department of Revenue 293 by October 15 of each year.

In addition, to the extent funded in 294 the General Appropriations Act, the division department of 295 Economic Opportunity shall provide written notice of the 296 adjusted rate and the effective date of the adjusted state 297 minimum wage to all employers registered in the most current 298 reemployment assistance database. Such notice shall be mailed by 299 November 15 of each year using the addresses included in the 300 database. Employers are responsible for maintaining current 301 address information in the reemployment assistance database.

The 302 division department of Economic Opportunity is not responsible 303 for failure to provide notice due to incorrect or incomplete 304 address information in the database. The division department of 305 Economic Opportunity shall provide the Department of Revenue 306 with the adjusted state minimum wage rate information and 307 effective date in a timely manner. 308 (6)(a)

(5) It is shall be unlawful for an employer or any 309 other party to discriminate in any manner or take adverse action 310 against any person in retaliation for exercising rights 311 protected under pursuant to s. 24, Art. X of the State 312 Constitution or this section. 313 (

b) Rights protected under s. 24, Art. X of the State 314 Constitution and this

section include, but are not limited to:, 315 1. The right to file a complaint or inform any person of 316 his or her potential rights under pursuant to s. 24, Art. X of 317 the State Constitution or this

section and to assist him or her 318 in asserting such rights. 319

Florida Senate - 2024 SB 1388 25-00554-24 20241388__ Page 12 of 29 CODING: Words stricken are deletions; words underlined are additions. 2. The right to inform a person’s employer, union or other 320 similar organization, legal counsel, or any other person about 321 an alleged violation of s. 24, Art. X of the State Constitution 322 or this section. 323 3. The right to file a complaint with the division or file 324 a civil action in a court of competent jurisdiction for an 325 alleged violation of s. 24, Art. X of the State Constitution or 326 this section. 327 4. The right to cooperate with any investigation conducted 328 under this

section and to testify in any proceeding or action 329 brought under this section. 330 5. The right to refuse to participate in an activity that 331 violates city, state, or federal law. 332 6. The right to oppose any policy, practice, or act that 333 violates s. 24, Art. X of the State Constitution or this 334 section. 335 (

c) There is a rebuttable presumption that an employer has 336 violated s. 24, Art. X of the State Constitution or this

section 337 if the employer takes adverse action against an employee within 338 90 days after the employee exercises a right under paragraph 339 (b). If an employee is a seasonal worker and his or her work 340 ended before the end of the 90-day period, the rebuttable 341 presumption applies if the employer fails to rehire the seasonal 342 worker in the same position at the next opportunity. The 343 rebuttable presumption may be overcome by clear and convincing 344 evidence. 345 (

d) The protections provided under this

section apply to 346 any employee who alleges a violation of s. 24, Art. X of the 347 State Constitution or this

section in good faith. Any complaint 348

Florida Senate - 2024 SB 1388 25-00554-24 20241388__ Page 13 of 29 CODING: Words stricken are deletions; words underlined are additions. or other communication by an employee alleging a violation of s. 349 24, Art. X of the State Constitution or this

section triggers 350 the protections under this

section even if the complaint or 351 communication does not specifically reference this section. 352 (

e) An employee who believes he or she has been 353 discriminated or retaliated against for exercising a right under 354 s. 24, Art. X of the State Constitution or this

section may file 355 a complaint with the division or a civil action in a court of 356 competent jurisdiction within 4 years after the alleged 357 violation or, in the case of a willful violation, within 5 years 358 after the alleged violation. 359

(7) An employer has the burden of proving that a person is 360 an independent contractor and not an employee. A person who 361 receives remuneration for services provided is considered an 362 employee unless the employer proves: 363 (

a) The person is free from control or direction by the 364 employer over the performance of such service. 365 (

b) The service provided by the person is outside the usual 366 course of business of the employer. 367 (

c) The person is customarily engaged in an independently 368 established trade, occupation, profession, or business. 369

(8) It is a violation of this section: 370 (

a) To misclassify an employee as an independent 371 contractor; or 372 (

b) For a person or an entity to enter into a contract or 373 an agreement with an independent contractor for labor or 374 services if the person or entity knows or should know that the 375 contract or agreement does not include funds sufficient to allow 376 the independent contractor to comply with all applicable local, 377

Florida Senate - 2024 SB 1388 25-00554-24 20241388__ Page 14 of 29 CODING: Words stricken are deletions; words underlined are additions. state, and federal laws or regulations governing the labor or 378 services to be provided. 379 (9)(

a) The division may commence investigations, actions, 380 and proceedings necessary to enforce this section. The division 381 has the sole discretion whether to investigate an employer to 382 determine if a violation of this

section has occurred. 383 (

b) In order to encourage a person or organization to 384 report a suspected violation of this section, the division: 385 1. Must keep the name and other identifying information 386 about the reporter confidential to the extent permitted by law. 387 The division may disclose the reporter’s name or identification 388 with the written consent of the reporter. 389 2. Must provide a notice form to an employer being 390 investigated, which must be posted in a conspicuous and 391 accessible location at the workplace, notifying the employees 392 that the division is conducting an investigation under this 393 section.

The notice form must be in English and any other 394 language that is the primary language of a majority of the 395 employees in the workplace. If display of the notice form is not 396 feasible, the employer must provide it to each employee through 397 electronic means and also provide each employee a physical copy 398 of the notice form. 399 3. May certify the eligibility of a person for a visa under 400 8 U.S.C. s. 1184(

p) and 8 U.S.C. s. 1101(a)(15)(U), subject to 401 applicable federal law and regulations, and other rules issued 402 by the division. 403 (10)(

a) During an investigation under this section, the 404 division has the power to: 405 1. Enter and inspect the workplace. 406

Florida Senate - 2024 SB 1388 25-00554-24 20241388__ Page 15 of 29 CODING: Words stricken are deletions; words underlined are additions. 2. Inspect and make copies of papers, books, accounts, 407 records, payroll, and other documents necessary to further its 408 investigation. 409 3. Question witnesses under oath and in a private location. 410 4. Issue subpoenas to compel the attendance and testimony 411 of witnesses and the production of papers, books, accounts, 412 records, payroll, and other documents necessary to further its 413 investigation. 414 5. Take depositions and affidavits. 415 6.

Investigate any facts, conditions, practices, or matters 416 as the division deems appropriate to determine whether a 417 violation of this

section has occurred. 418 (

b) If an employer fails to comply with a lawfully issued 419 subpoena or if a witness refuses to testify or be questioned, 420 the division may request that the court compel compliance by 421 initiating a proceeding for contempt. The court shall take 422 judicial notice under s. 90.202(13) of the Department of 423 Commerce’s seal, “Department of Commerce-State of Florida,” and 424 shall enforce any subpoena issued by the director or his or her 425 representative under such seal. 426 (

c) During an administrative or civil proceeding under this 427 section, an employer may not introduce any documentation as 428 evidence that was not provided to the division. 429 (11)(

a) During the course of an investigation under this 430

section or if the director reasonably believes that an employer 431 has engaged in, is engaging in, or is about to engage in, a 432 violation of this section, the division or the Attorney General 433 may seek injunctive relief to: 434 1. Prohibit the employer from continuing to engage or 435

Florida Senate - 2024 SB 1388 25-00554-24 20241388__ Page 16 of 29 CODING: Words stricken are deletions; words underlined are additions. engaging in the violation or doing any acts in furtherance of 436 the violation. 437 2. Prevent violations or attempted violations of this 438 section. 439 3. Prohibit the employer’s attempts to interfere with or 440 impede the enforcement of this section. 441 4. Exercise or perform any power or duty under this 442 section. 443 (

b) When determining whether injunctive relief is 444 appropriate, the court shall consider any potential or direct 445 harm to an employee from a violation of this

section and the 446 chilling effect on other employees attempting to assert their 447 rights under this section. 448 (

c) A temporary injunction remains in effect until the 449 division issues a citation to the employer or until the 450 completion of an administrative hearing, whichever is longer, or 451 until a time certain set by the court. A temporary injunction 452 does not prohibit an employer from taking adverse action against 453 an employee for conduct unrelated to an alleged violation of 454 this section. 455 (

d) The court may issue a preliminary or permanent 456 injunction if it determines such injunction is just and proper. 457 (12)(

a) If a violation of this

section is found during an 458 investigation and the violation is not remedied through 459 settlement or otherwise, the division must issue a citation to 460 the employer. The citation must be in writing and describe the 461 nature of the violation and include any and all appropriate 462 relief. Appropriate relief includes, but is not limited to, 463 requiring an employer to cease and desist; to take any action 464

Florida Senate - 2024 SB 1388 25-00554-24 20241388__ Page 17 of 29 CODING: Words stricken are deletions; words underlined are additions. necessary to remedy the violation, such as rehiring or 465 reinstating an employee, reimbursing lost wages plus interest, 466 or paying liquidated damages in an amount equal to two times the 467 unpaid wages, or other fines and penalties, including a fine of 468 not more than $50 for each day a violation continues to exist 469 and for each employee to whom the violation occurred payable to 470 the state or aggrieved employee; to take training classes 471 relating to compliance with this section; or to submit to 472 compliance monitoring by the division.

The division shall serve 473 the citation in a manner provided by the Florida Rules of Civil 474 Procedure. The citation must advise the employer of his or her 475 right to an administrative hearing to have the citation 476 reviewed. 477 (

b) Within 30 days after service of a citation, an employer 478 must comply with all appropriate relief specified in the 479 citation or may obtain review of the citation by providing a 480 written request for review to the director. Upon receipt of a 481 written request for review, the director shall assign the 482 citation to an administrative law judge to conduct a hearing and 483 issue a written decision. Hearings conducted under this 484 subsection are governed by the division and the rules of 485 practice and procedure adopted by the division. 486 (

c) An administrative hearing must commence within 90 days 487 after receipt of a timely submitted request for review. The 488 administrative law judge must render a written decision within 489 90 days after the conclusion of the hearing. The decision must 490 include a statement of findings, conclusions of law, and a 491 recommended order that specifies all appropriate relief as 492 authorized under paragraph (a), including the amount required 493

Florida Senate - 2024 SB 1388 25-00554-24 20241388__ Page 18 of 29 CODING: Words stricken are deletions; words underlined are additions. for an appeal bond should the employer choose to obtain review 494 of the order issued under this paragraph. The decision must be 495 served on all parties in a manner provided by the Florida Rules 496 of Civil Procedure. If the recommended order includes a monetary 497 remedy, the amount is due 45 days after the written decision is 498 properly served on the employer. 499 (d)1. An employer may obtain review of the written decision 500 and order issued under paragraph (

c) by filing a petition for a 501 writ of mandamus to a court having jurisdiction within 45 days 502 after the written decision is properly served on the employer. 503 If a petition for a writ of mandamus is not filed within the 504 appropriate time, the recommended order in the written decision 505 becomes final. 506 2. Before an employer may obtain review of the decision, he 507 or she must post an appeal bond, in the amount specified in the 508 recommended order, issued by a licensed surety or as a cash 509 deposit with the court.

The employer shall provide written 510 notice to the division and any other parties of the posting of 511 the appeal bond. 512 3. A court may overturn a decision based on abuse of 513 discretion. An employer establishes an abuse of discretion if he 514 or she alleges that the findings are not supported by the 515 evidence and the court determines that the findings are not 516 supported by substantial evidence when looking at the entire 517 record. 518 4.

If the court issues an order in favor of the aggrieved 519 party or if the appeal is withdrawn or dismissed without entry 520 of judgment, the employer is liable for the relief specified in 521 the written decision from the administrative hearing, unless the 522

Florida Senate - 2024 SB 1388 25-00554-24 20241388__ Page 19 of 29 CODING: Words stricken are deletions; words underlined are additions. parties execute a settlement agreement, in which case the 523 employer is liable for the relief specified in the settlement 524 agreement.

If the written decision from the administrative 525 hearing or the settlement agreement provides for monetary 526 relief, and the employer fails to pay the amount owed within 10 527 days after entry of a judgment, dismissal or withdrawal of the 528 appeal, or the execution of a settlement agreement, a portion of 529 the appeal bond equal to the amount owed, or the entire appeal 530 bond if the amount owed exceeds the amount of the bond, must be 531 paid to the aggrieved party. 532 5.

If the employer does not request review of the citation 533 under paragraph (b), file a writ of mandamus under subparagraph 534 1., or post the appeal bond as required in subparagraph 2., and 535 the time to do so has expired, or if the petition for a writ of 536 mandamus is dismissed or withdrawn without entry of judgment, 537 the clerk of the court must certify a copy of the citation or 538 written decision and order issued by the division or by the 539 administrative law judge, respectively, and enter judgment for 540 the state or aggrieved party.

The judgment has the same force 541 and effect as a judgment entered in a civil action and may be 542 enforced in the same manner as any other judgment of the court. 543 The court shall give priority to petitions to enforce a judgment 544 entered under this section. 545 6.

If an employer fails to comply with a citation or final 546 order, whether issued by the division, administrative law judge, 547 or court, and has exhausted all reviews or appeals or the time 548 to file a review or appeal has expired, the division or the 549 Attorney General may commence and prosecute a civil action to 550 recover unpaid wages, including interest, fines, or penalties; 551

Florida Senate - 2024 SB 1388 25-00554-24 20241388__ Page 20 of 29 CODING: Words stricken are deletions; words underlined are additions. equitable relief; and liquidated damages owed to an aggrieved 552 person. The prevailing party is entitled to applicable fines or 553 civil penalties and reasonable attorney fees and costs. 554 (13)(

a) A person aggrieved by a violation of this

section 555 may bring a civil action in a court of competent jurisdiction. 556 (6)(

a) Any person aggrieved by a violation of this

section 557 may bring a civil action in a court of competent jurisdiction 558 against an employer violating this

section or a party violating 559 subsection (5). However, prior to bringing any claim for unpaid 560 minimum wages pursuant to this section, the person aggrieved 561 shall notify the employer alleged to have violated this section, 562 in writing, of an intent to initiate such an action. The notice 563 must identify the minimum wage to which the person aggrieved 564 claims entitlement, the actual or estimated work dates and hours 565 for which payment is sought, and the total amount of alleged 566 unpaid wages through the date of the notice. 567 (

b) The employer shall have 15 calendar days after receipt 568 of the notice to pay the total amount of unpaid wages or 569 otherwise resolve the claim to the satisfaction of the person 570 aggrieved. The statute of limitations for bringing an action 571 pursuant to this

section shall be tolled during this 15-day 572 period. If the employer fails to pay the total amount of unpaid 573 wages or otherwise resolve the claim to the satisfaction of the 574 person aggrieved, then the person aggrieved may bring a claim 575 for unpaid minimum wages, the terms of which must be consistent 576 with the contents of the notice. 577 (c)1. Upon prevailing in a civil an action brought under 578 paragraph (6)(

e) pursuant to this section, aggrieved persons 579 shall recover the full amount of any unpaid back wages, plus 580

Florida Senate - 2024 SB 1388 25-00554-24 20241388__ Page 21 of 29 CODING: Words stricken are deletions; words underlined are additions. interest, unlawfully withheld plus up to two times the unpaid 581 wages the same amount as liquidated damages and shall be awarded 582 reasonable attorney attorney’s fees and costs.

Additionally, As 583 provided under the federal Fair Labor Standards Act, pursuant to 584 s. 11 of the Portal-to-Portal Act of 1947, 29 U.S.C. s. 260, if 585 the employer proves by a preponderance of the evidence that the 586 act or omission giving rise to such action was in good faith and 587 that the employer had reasonable grounds for believing that his 588 or her act or omission was not a violation of s. 24, Art.

X of 589 the State Constitution, the court may, in its sound discretion, 590 award no liquidated damages or award any amount thereof not to 591 exceed an amount equal to the amount of unpaid minimum wages. 592 The court shall not award any economic damages on a claim for 593 unpaid minimum wages not expressly authorized in this section. 594 2.

Upon prevailing in an action brought pursuant to this 595 section, aggrieved persons are shall also be entitled to such 596 legal or equitable relief as may be appropriate to remedy the 597 violation, including, without limitation, reinstatement in 598 employment and injunctive relief. However, any entitlement to 599 legal or equitable relief in an action brought under s. 24, Art. 600 X of the State Constitution or this

section may shall not 601 include punitive damages. 602 (

b) In addition to any other remedies or penalties 603 authorized by law, if an employer is found to have willfully 604 violated this section, the division, administrative law judge, 605 or court may impose a fine of $1,000 per violation payable to 606 the state. 607 (

c) In addition to any other remedies or penalties 608 authorized by law, any employer or other person found to have 609

Florida Senate - 2024 SB 1388 25-00554-24 20241388__ Page 22 of 29 CODING: Words stricken are deletions; words underlined are additions. hindered, prevented, impeded, or interfered with the division or 610 administrative hearing body in the performance of their duties 611 is subject to a civil penalty of not less than $1,000 and not 612 more than $5,000, which may be assessed by the division, 613 administrative law judge, or court. 614 (

d) In addition to any other remedies or penalties 615 authorized by law, if the division, administrative law judge, or 616 court finds that an employer took adverse action or retaliated 617 against an employee in violation of subsection (6): 618 1. The division, administrative law judge, or court may 619 order reinstatement of the aggrieved party, front pay in lieu of 620 reinstatement, backpay, liquidated damages up to two times the 621 amount of the unpaid wages, and other compensatory damages as 622 appropriate. 623 2. The division, administrative law judge, or court may 624 impose an administrative penalty not to exceed $5,000 payable to 625 the aggrieved party. 626 (

e) In addition to any other remedies or penalties 627 authorized by law, if the division, administrative law judge, or 628 court finds that an employer or entity violated subsection (8), 629 the division, administrative law judge, or court may impose the 630 following: 631 1. A civil penalty in an amount up to 5 percent of the 632 employee’s gross earnings over the past 12 months, payable to 633 the misclassified employee. 634 2. A civil penalty up to $5,000 per violation, payable to 635 the state. 636 (f)(

d) Any civil action brought under s. 24, Art. X of the 637 State Constitution and this

section is shall be subject to s. 638

Florida Senate - 2024 SB 1388 25-00554-24 20241388__ Page 23 of 29 CODING: Words stricken are deletions; words underlined are additions. 768.79. 639

(7) The Attorney General may bring a civil action to 640 enforce this section. The Attorney General may seek injunctive 641 relief. In addition to injunctive relief, or in lieu thereof, 642 for any employer or other person found to have willfully 643 violated this section, the Attorney General may seek to impose a 644 fine of $1,000 per violation, payable to the state. 645 (14)

(8) The statute of limitations for an action brought 646 under pursuant to this

section is shall be for the period of 647 time specified in s. 95.11 beginning on the date the alleged 648 violation occurred. The statute of limitations applicable to an 649 action under this

section is tolled during the division’s 650 investigation and any administrative enforcement under this 651 section. 652 (15)

(9) Actions brought under pursuant to this

section may 653 be brought as a class action pursuant to Rule 1.220, Florida 654 Rules of Civil Procedure. In any class action brought under 655 pursuant to this section, the plaintiffs must shall prove, by a 656 preponderance of the evidence, the individual identity of each 657 class member and the individual damages of each class member. 658 (16)

(10) This

section is shall constitute the exclusive 659 remedy under state law for violations of s. 24, Art. X of the 660 State Constitution. 661

(17) The division shall make reasonable efforts to ensure 662 that judgments against an employer are satisfied and may use any 663 remedy that is available to a judgment creditor to collect an 664 unsatisfied judgment. The division may collect wages, damages, 665 and other monetary remedies on behalf of an employee. The 666 division acts as the trustee of any unsatisfied judgment it 667

Florida Senate - 2024 SB 1388 25-00554-24 20241388__ Page 24 of 29 CODING: Words stricken are deletions; words underlined are additions. collects and shall deposit such wages, damages, or other 668 monetary remedy in the appropriate fund as provided by rule. The 669 division shall conduct a diligent search for any employee for 670 whom it collects an unsatisfied judgment. 671 (18)(

a) Beginning on the 20th day after a judgment is 672 entered by the clerk of the court under paragraph (12)(

d) or 673 otherwise by a court of competent jurisdiction in favor of the 674 state or aggrieved party, the division may issue a notice of 675 levy on all persons having in their possession or under their 676 control any credits, money, or property belonging to the 677 judgment debtor. If the levy is made on credits, money, or 678 property in the possession or under the control of a bank, 679 savings and loan association, or other financial institution as 680 defined in 42 U.S.C. s. 669a(d)(1), the notice of levy may be 681 mailed or hand-delivered to a centralized location designated by 682 the bank, savings and loan association, or other financial 683 institution. 684 (

b) Any person who receives a notice of levy shall 685 surrender the credits, money, or property to the division or pay 686 to the division the amount of any debt owed within 10 days after 687 service of the levy. Any person who surrenders to the division 688 any credits, money, or property of the judgment debtor is 689 discharged from any obligation or liability to the judgment 690 debtor relating to the amount paid to the division. 691 (

c) Any person who receives a notice of levy from the 692 division and fails or refuses to surrender any credits, money, 693 or property of the judgment debtor is liable to the division for 694 the amount specified in the notice of levy. 695 (

d) Any fees, commissions, expenses, or costs associated 696

Florida Senate - 2024 SB 1388 25-00554-24 20241388__ Page 25 of 29 CODING: Words stricken are deletions; words underlined are additions. with the sale of property levied under this subsection are the 697 obligation of the judgment debtor and may be collected by virtue 698 of the levy or in any other manner as though the fees, 699 commissions, expenses, or costs were part of the judgment. 700 (

e) The division may create a lien on any real or personal 701 property of an employer found in violation of s. 24, Art. X of 702 the State Constitution or this section. The division must 703 release the lien upon final satisfaction of any judgment entered 704 in favor of an aggrieved party or the division, or upon 705 adjudication of the claim in favor of the employer. A lien 706 created under this paragraph lasts 10 years after the date it is 707 created unless the lien is satisfied or released. A lien created 708 under this paragraph is in addition to any other rights 709 available to an aggrieved party or the division. 710 (19)(

a) If a citation issued by the division, written 711 decision and order issued by an administrative law judge, or 712 final judgment awarded under this

section remains unsatisfied 30 713 days after all reviews and appeals have been exhausted or the 714 time to request a review or file an appeal has expired, the 715 division may issue a stop-order prohibiting the employer from 716 conducting business in the state using employee labor, including 717 conducting business using the labor of another business, 718 contractor, or subcontractor instead of the labor of an 719 employee, until the judgment is satisfied. The stop-order is 720 effective upon receipt of the order and the employer must pay 721 employees up to 10 days of lost wages due to the stop-order. 722 (

b) An employer may appeal the stop-order by filing, within 723 20 days after receipt of the stop-order, a written request with 724 the division for an administrative hearing. The hearing must be 725

Florida Senate - 2024 SB 1388 25-00554-24 20241388__ Page 26 of 29 CODING: Words stricken are deletions; words underlined are additions. held within 5 days after receipt of the written request, at 726 which time the stop-order must be affirmed or dismissed and the 727 division shall mail a written notice of findings by United 728 States mail to all parties within 24 hours after the conclusion 729 of the hearing. A party may appeal the written notice of 730 findings to a court of competent jurisdiction within 45 days 731 after the notice is mailed.

The division may seek injunctive or 732 other appropriate relief to enforce the stop-order and is 733 entitled to attorney fees and costs if the division prevails. 734 (

c) An employer, owner, director, officer, or managing 735 agent of an employer who fails to comply with a stop-order 736 issued under this subsection is guilty of a misdemeanor of the 737 second degree, punishable as provided in s. 775.082 or s. 738 775.083. 739 (

d) This subsection does not apply if the stop-order would 740 compromise public safety or the life, health, and care of a 741 vulnerable person as defined in s. 435.02. 742

(20) If a citation issued by the division, written decision 743 and order issued by an administrative law judge, or final 744 judgment awarded under this

section remains unsatisfied 30 days 745 after all reviews or appeals have been exhausted or the time to 746 request a review or file an appeal has expired, the division may 747 request that the appropriate state agency, and the state agency 748 is authorized to, deny, suspend, or revoke any license held by 749 the employer until such time as the judgment is satisfied. 750

(21) Any person acting on behalf of an employer may be held 751 liable as the employer for a violation of s. 24, Art. X of the 752 State Constitution or this section. A client employer is jointly 753 and severally liable with a labor contractor for the payment of 754

Florida Senate - 2024 SB 1388 25-00554-24 20241388__ Page 27 of 29 CODING: Words stricken are deletions; words underlined are additions. unpaid wages, interest, liquidated damages, fines, or penalties 755 awarded under this section. 756

(22) All employers, client employers, and labor contractors 757 shall create records documenting compliance with s. 24, Art. X 758 of the State Constitution and this

section in accordance with 759 division rules. Records must be maintained for a minimum of 5 760 years after an employee leaves the employment of the employer or 761 client employer, or is no longer working with a labor 762 contractor. An employer, a client employer, or a labor 763 contractor must allow the division reasonable access to the 764 records when requested. If an employee, or other authorized 765 person or entity, alleges a violation of s. 24, Art. X of the 766 State Constitution or this

section and the employer, client 767 employer, or labor contractor has not created and maintained 768 records as required under this subsection, there is a rebuttable 769 presumption that the employer, client employer, or labor 770 contractor is in violation of the law. The employer, client 771 employer, or labor contractor can overcome this presumption with 772 clear and convincing evidence. 773

(23) The division may enter into agreements with local, 774 state, or federal agencies to assist in the administration and 775 enforcement of this section. 776

(24) Subject to appropriation of funds by the Legislature, 777 the division shall establish and maintain an outreach and 778 education partnership program to promote awareness of, and 779 compliance with, s. 24, Art. X of the State Constitution and 780 this section. The division shall pursue partnerships with 781 community-based organizations and unions through a competitive 782 request for proposals. Duties of the outreach and education 783

Florida Senate - 2024 SB 1388 25-00554-24 20241388__ Page 28 of 29 CODING: Words stricken are deletions; words underlined are additions. partnership program may include: 784 (

a) Disseminating information and conducting outreach and 785 training to educate employees about their rights. 786 (

b) Conducting educational training for employers about 787 their obligations. 788 (

c) Assisting employees with filing a claim for a violation 789 under s. 24, Art. X of the State Constitution or this section. 790 (

d) Assisting the division in conducting investigations 791 under this section, including the collection of evidence and 792 enforcement of a judgment. 793 (

e) Monitoring compliance with s. 24, Art. X of the State 794 Constitution and this section. 795 (

f) Establishing networks for education, communication, and 796 participation in the workplace and community. 797 (

g) Producing and disseminating training materials to 798 employers and employees. 799 (25)

(11) Except for calculating the adjusted state minimum 800 wage and publishing the initial state minimum wage and any 801 annual adjustments thereto, the authority of the division 802 department of Economic Opportunity in implementing s. 24, Art. X 803 of the State Constitution, pursuant to this section, is shall be 804 limited to that authority expressly granted by the Legislature. 805

Section

Section 448.112, Florida Statutes, is created to 806 read: 807 448.112 Division of Labor Standards Community Advisory 808 Board.—The Division of Labor Standards Community Advisory Board 809 is established within the Division of Labor Standards. 810

(1) The advisory board shall consist of the following 811 members who must be approved by the director of the Division of 812

Florida Senate - 2024 SB 1388 25-00554-24 20241388__ Page 29 of 29 CODING: Words stricken are deletions; words underlined are additions. Labor Standards: 813 (

a) A representative from the Division of Labor Standards. 814 (

b) A representative from the Department of Commerce. 815 (

c) A representative from the Department of Education. 816 (

d) A representative from the Florida Chamber of Commerce. 817 (

e) A representative from a small business as defined in s. 818 288.703. 819 (

f) Four representatives from labor organizations as 820 defined in s. 447.02(1) throughout the state. 821

(2) Members of the advisory board shall be appointed for 2-822 year terms, which shall be staggered. 823

(3) Members of the advisory board shall serve without 824 compensation and are not entitled to receive reimbursement for 825 per diem or travel expenses. 826

(4) The advisory board shall meet at least three times a 827 year in order to review reports and projects of the Division of 828 Labor Standards. Meetings of the advisory board must be open to 829 the public and provide the opportunity for public comment. 830

(5) The advisory board shall submit an annual report to the 831 director of the Division of Labor Standards recommending changes 832 to existing state policies and programs to ensure employee 833 safety and equity, with particular emphasis on racial equity and 834 low-wage and migrant workers. 835

(6) By January 1, 2025, and annually thereafter, the 836 director of the Division of Labor Standards shall submit the 837 annual report to the Governor, the President of the Senate, and 838 the Speaker of the House of Representatives. 839

Section 5. This act shall take effect July 1, 2024. 840