Florida Senate - 2025 SB 1552 By Senator Smith 17-01222-25 20251552__ Page 1 of 31 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; amending s. 448.110, 10 F.S.; designating the Division of Labor Standards as 11 the state Agency for Workforce Innovation for purposes 12 of implementing s. 24, Art.

X of the State 13 Constitution; defining terms; revising the protected 14 rights of an employee; creating a rebuttable 15 presumption and burden of proof for an employer; 16 providing applicability; revising the process for 17 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 an 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; prohibiting an employer from introducing at 26 an administrative or civil proceeding any 27 documentation as evidence that was not provided to the 28 division; providing for injunctive relief under 29

Florida Senate - 2025 SB 1552 17-01222-25 20251552__ Page 2 of 31 CODING: Words stricken are deletions; words underlined are additions. certain circumstances; providing a process for review 30 of a citation, levy, or stop-order issued by the 31 division; authorizing an aggrieved person to file a 32 civil action; providing penalties; tolling the statute 33 of limitations during an investigation; providing 34 liability; requiring all employers, client employers, 35 and labor contractors to create records; requiring 36 that such records be maintained for a specified length 37 of time and be reasonably accessible to the division; 38 authorizing the division to enter into agreements with 39 local, state, or federal agencies to assist in 40 administration and enforcement; requiring the division 41 to establish and maintain an outreach and education 42 partnership program for a specified purpose; providing 43 the duties of the program; creating s. 448.112, F.S.; 44 creating the Division of Labor Standards Community 45 Advisory Board within the Division of Labor Standards; 46 providing for membership, meetings, and duties of the 47 advisory board; requiring the director to submit an 48 annual report to the Governor and the Legislature by a 49 specified date; providing for future legislative 50 review and repeal of the advisory board; providing an 51 effective date. 52 53 Be It Enacted by the Legislature of the State of Florida: 54 55

Section 1. Paragraph (

a) of subsection (3) and subsection 56 (4) of

section 20.60, Florida Statutes, are amended to read: 57 20.60 Department of Commerce; creation; powers and duties.— 58

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a) The following divisions and offices of the 59 Department of Commerce are established: 60 1. The Division of Economic Development. 61 2. The Division of Community Development. 62 3. The Division of Workforce Services. 63 4. The Division of Finance and Administration. 64 5. The Division of Information Technology. 65 6. The Office of the Secretary. 66 7. The Office of Economic Accountability and Transparency, 67 which shall: 68 a. Oversee the department’s critical objectives as 69 determined by the secretary and make sure that the department’s 70 key objectives are clearly communicated to the public. 71 b.

Organize department resources, expertise, data, and 72 research to focus on and solve the complex economic challenges 73 facing the state. 74 c. Provide leadership for the department’s priority issues 75 that require integration of policy, management, and critical 76 objectives from multiple programs and organizations internal and 77 external to the department; and organize and manage external 78 communication on such priority issues. 79 d.

Promote and facilitate key department initiatives to 80 address priority economic issues and explore data and identify 81 opportunities for innovative approaches to address such economic 82 issues. 83 e. Promote strategic planning for the department. 84 8. The Division of Labor Standards, which shall: 85 a. Administer and enforce s. 24, Art. X of the State 86 Constitution, s. 448.110, and any other statutes and laws, or 87

Florida Senate - 2025 SB 1552 17-01222-25 20251552__ Page 4 of 31 CODING: Words stricken are deletions; words underlined are additions. parts thereof, over which the division has been granted 88 administrative or enforcement authority by the Legislature. 89 b. Promote compliance with s. 24, Art. X of the State 90 Constitution, s. 448.110, and any other statutes and laws, or 91 parts thereof, over which the division has been granted 92 administrative or enforcement authority by the Legislature 93 through investigative and enforcement actions, local outreach, 94 technical assistance, and training. 95 c.

Investigate and ascertain the wages of persons employed 96 in any occupation or place of employment in the state as the 97 division finds necessary and proper. 98 d. Partner with communities, businesses, and employees in 99 the state for stakeholder input and collaboration. 100 e. Adopt rules as necessary to carry out the functions and 101 purposes of the division. 102

(4) The purpose of the department is to assist the Governor 103 in working with the Legislature, state agencies, business 104 leaders, and economic development professionals to formulate and 105 implement coherent and consistent policies and strategies 106 designed to promote economic opportunities for all Floridians. 107 The department is the state’s chief agency for business 108 recruitment and expansion, employee protection, and economic 109 development. To accomplish such purposes, the department shall: 110 (

a) Facilitate the direct involvement of the Governor and 111 the Lieutenant Governor in economic development and workforce 112 development projects designed to create, expand, and retain 113 businesses in this state; to recruit business from around the 114 world; to promote the state as a pro-business location for new 115 investment; and to facilitate other job-creating efforts. 116

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b) Recruit new businesses to this state and promote the 117 expansion of existing businesses by expediting permitting and 118 location decisions, worker placement and training, and incentive 119 awards. 120 (

c) Promote viable, sustainable communities by providing 121 technical assistance and guidance on growth and development 122 issues, grants, and other assistance to local communities. 123 (

d) Ensure that the state’s goals and policies relating to 124 economic development, workforce development, community planning 125 and development, and affordable housing are fully integrated 126 with appropriate implementation strategies. 127 (

e) Manage the activities of public-private partnerships 128 and state agencies in order to avoid duplication and promote 129 coordinated and consistent implementation of programs in areas 130 including, but not limited to, tourism; international trade and 131 investment; business recruitment, creation, retention, and 132 expansion; minority and small business development; defense, 133 space, and aerospace development; rural community development; 134 and the development and promotion of professional and amateur 135 sporting events. 136 (

f) Coordinate with state agencies on the processing of 137 state development approvals or permits to minimize the 138 duplication of information provided by the applicant and the 139 time before approval or disapproval. 140 (

g) Contract with the Florida Sports Foundation to guide, 141 stimulate, and promote the sports industry in this state; to 142 promote the participation of residents of this state in amateur 143 athletic competition; and to promote this state as a host for 144 national and international amateur athletic competitions. 145

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h) Encourage and oversee the coordination of international 146 trade development efforts of public institutions, business 147 associations, economic development councils, and private 148 industry. 149 (

i) Contract with the direct-support organization created 150 in s. 288.012, to assist with coordination described in 151 paragraph (h); provide services through State of Florida 152 international offices; and assist in developing and carrying out 153 the 5-year statewide strategic plan as it relates to foreign 154 investment, international partnerships, and other international 155 business and trade development. 156 (

j) Support Florida’s defense, space, and aerospace 157 industries, including research and development, and strengthen 158 this state’s existing leadership in defense, space, and 159 aerospace activity and economic growth. 160 (

k) Assist, promote, and enhance economic opportunities for 161 this state’s minority-owned businesses and rural and urban 162 communities. 163 (

l) Contract with the Florida Tourism Industry Marketing 164 Corporation to execute tourism promotion and marketing services, 165 functions, and programs for the state and advise the department 166 on the development of domestic and international tourism 167 marketing campaigns featuring this state. 168 (

m) Support and protect the state’s workforce and bolster 169 state revenue by ensuring a fair day’s pay for employees and 170 strengthening business through fair competition. 171

Section 2. Subsections (2) and (3) of

section 448.109, 172 Florida Statutes, are amended to read: 173 448.109 Notification of the state minimum wage.— 174

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(2) Each employer who must pay an employee the Florida 175 minimum wage shall prominently display a poster as prescribed in 176 substantially similar to the one made available pursuant to 177 subsection (3) in a conspicuous and accessible place in each 178 establishment where such employees are employed. 179 (3)(

a) Each year the Division of Labor Standards Department 180 of Commerce shall, on or before December 1, create and make 181 available to employers a poster in English, and in Spanish, and 182 any other language, as necessary. The poster must: 183 (

a) Give notice of all of the following: 184 1. The right to the minimum wage as provided by s. 24, Art. 185 X of the State Constitution and s. 448.110. 186 2. The right to be protected from discrimination, 187 retaliation, and adverse action for exercising in good faith any 188 right protected under s. 24, Art. X of the State Constitution 189 and s. 448.110. 190 3. The right to file a complaint with the Division of Labor 191 Standards or bring a civil action in a court of competent 192 jurisdiction for a violation of s. 24, Art.

X of the State 193 Constitution or s. 448.110. which reads substantially as 194 follows: 195 NOTICE TO EMPLOYEES 196 The Florida minimum wage is $ ...(amount)... per hour, with a 197 minimum wage of at least $ ...(amount)... per hour for tipped 198 employees, in addition to tips, for January 1, ...(year)..., 199 through December 31, ...(year).... 200 The rate of the minimum wage is recalculated yearly on September 201 30, based on the Consumer Price Index. Every year on January 1 202 the new Florida minimum wage takes effect. 203

Florida Senate - 2025 SB 1552 17-01222-25 20251552__ Page 8 of 31 CODING: Words stricken are deletions; words underlined are additions. An employer may not retaliate against an employee for exercising 204 his or her right to receive the minimum wage. Rights protected 205 by the State Constitution include the right to: 206 1. File a complaint about an employer’s alleged noncompliance 207 with lawful minimum wage requirements. 208 2. Inform any person about an employer’s alleged noncompliance 209 with lawful minimum wage requirements. 210 3. Inform any person of his or her potential rights under 211

Section 24,

Article X of the State Constitution and to 212 assist him or her in asserting such rights. 213 An employee who has not received the lawful minimum wage after 214 notifying his or her employer and giving the employer 15 days to 215 resolve any claims for unpaid wages may bring a civil action in 216 a court of law against an employer to recover back wages plus 217 damages and attorney’s fees. 218 An employer found liable for intentionally violating minimum 219 wage requirements is subject to a fine of $1,000 per violation, 220 payable to the state. 221 The Attorney General or other official designated by the 222 Legislature may bring a civil action to enforce the minimum 223 wage. 224 For details see

Section 24,

Article X of the State Constitution. 225 (

b) The poster must Be at least 8.5 inches by 11 inches and 226 in a format easily seen by employees. The text in the poster 227 must be of a conspicuous size. The text in the first line must 228 be larger than the text of any other line, and the text of the 229 first sentence must be in bold type and larger than the text in 230 the remaining lines. 231

Section

Section 448.110, Florida Statutes, is amended to 232

Florida Senate - 2025 SB 1552 17-01222-25 20251552__ Page 9 of 31 CODING: Words stricken are deletions; words underlined are additions. read: 233 448.110 State minimum wage; annual wage adjustment; 234 enforcement.— 235

(1) This

section may be cited as the “Florida Minimum Wage 236 Act.” 237

(2) The purpose of this

section is to provide measures 238 appropriate for the implementation of s. 24, Art. X of the State 239 Constitution, in accordance with authority granted to the 240 Legislature under pursuant to s. 24(f), Art. X of the State 241 Constitution. To implement s. 24, Art. X of the State 242 Constitution, the Division of Labor Standards, a division within 243 the Department of Commerce is designated as the state Agency for 244 Workforce Innovation. 245

(3) As used in this section, the term: 246 (a) “Adverse action” means the discharge, suspension, 247 transfer, or demotion of an employee; the withholding of wages, 248 bonuses, benefits, or workable hours; filing, or threatening to 249 file, a false report with a government agency or engaging in 250 unfair immigration-related practices; or any other adverse 251 action taken against an employee within the terms and conditions 252 of employment by an employer. 253 (b) “Client employer” means a business entity, regardless 254 of its form, which obtains or is provided employees to perform 255 labor within its usual course of business from a labor 256 contractor.

The term does not include: 257 1. A business entity with a workforce of 25 or fewer 258 employees, including those hired directly by the client employer 259 and those obtained from or provided by a labor contractor. 260 2. A business entity with a workforce of five or fewer 261

Florida Senate - 2025 SB 1552 17-01222-25 20251552__ Page 10 of 31 CODING: Words stricken are deletions; words underlined are additions. employees supplied by a labor contractor to the client employer 262 at any given time. 263 3.

This state or a political subdivision of this state. 264 (c) “Director” means the director of the Division of Labor 265 Standards. 266 (d) “Division” means the Division of Labor Standards of the 267 Department of Commerce. 268 (e) “Employee” means a person employed by an employer, 269 including, but not limited to, full-time employees, part-time 270 employees, and temporary employees. 271 (f) “Employer” has the same meaning as established under 272 the federal Fair Labor Standards Act and its implementing 273 regulations in effect on July 1, 2025. 274 (g) “Judgment debtor” means each person who is liable on a 275 judgment or order to pay a sum of money that remains 276 unsatisfied. 277 (h) “Labor contractor” means a person or an entity that, 278 with or without a contract, supplies a client employer with 279 employees to perform labor within the client employer’s usual 280 course of business.

The term does not include a bona fide 281 nonprofit, community-based organization that provides services 282 to employees or a labor organization or apprenticeship program 283 operating under a collective bargaining agreement. 284 (i) “Usual course of business” means the regular and 285 customary work of a business entity performed within or upon the 286 premises or worksite of the client employer. 287 (4)

(3) Employers shall pay employees a minimum wage at an 288 hourly rate of $6.15 for all hours worked in Florida. Only those 289 individuals entitled to receive the federal minimum wage under 290

Florida Senate - 2025 SB 1552 17-01222-25 20251552__ Page 11 of 31 CODING: Words stricken are deletions; words underlined are additions. the federal Fair Labor Standards Act, as amended, and its 291 implementing regulations shall be eligible to receive the state 292 minimum wage under pursuant to s. 24, Art. X of the State 293 Constitution and this section. Sections 213 and 214 The 294 provisions of ss. 213 and 214 of the federal Fair Labor 295 Standards Act, as interpreted by applicable federal regulations 296 and implemented by the Secretary of Labor, are incorporated 297 herein. 298 (5)(a)(4)(

a) Beginning September 30, 2005, and annually on 299 September 30 thereafter, the division department of Commerce 300 shall calculate an adjusted state minimum wage rate by 301 increasing the state minimum wage by the rate of inflation for 302 the 12 months prior to September 1. In calculating the adjusted 303 state minimum wage, the division department of Commerce shall 304 use the Consumer Price Index for Urban Wage Earners and Clerical 305 Workers, not seasonally adjusted, for the South Region or a 306 successor index as calculated by the United States Department of 307 Labor.

Each adjusted state minimum wage rate shall take effect 308 on the following January 1, with the initial adjusted minimum 309 wage rate to take effect on January 1, 2006. 310 (

b) The Department of Revenue and the division department 311 of Commerce shall annually publish the amount of the adjusted 312 state minimum wage and the effective date. Publication shall 313 occur by posting the adjusted state minimum wage rate and the 314 effective date on the Internet home pages of the division 315 department of Commerce and the Department of Revenue by October 316 15 of each year. In addition, to the extent funded in the 317 General Appropriations Act, the division department of Commerce 318 shall provide written notice of the adjusted rate and the 319

Florida Senate - 2025 SB 1552 17-01222-25 20251552__ Page 12 of 31 CODING: Words stricken are deletions; words underlined are additions. effective date of the adjusted state minimum wage to all 320 employers registered in the most current reemployment assistance 321 database. Such notice shall be mailed by November 15 of each 322 year using the addresses included in the database. Employers are 323 responsible for maintaining current address information in the 324 reemployment assistance database.

The division department of 325 Commerce is not responsible for failure to provide notice due to 326 incorrect or incomplete address information in the database. The 327 division department of Commerce shall provide the Department of 328 Revenue with the adjusted state minimum wage rate information 329 and effective date in a timely manner. 330 (6)(a)

(5) It is shall be unlawful for an employer or any 331 other party to discriminate in any manner or take adverse action 332 against any person in retaliation for exercising rights 333 protected under pursuant to s. 24, Art. X of the State 334 Constitution or this section. 335 (

b) Rights protected under s. 24, Art. X of the State 336 Constitution and this

section include, but are not limited to:, 337 1. The right to file a complaint or inform any person of 338 his or her potential rights under pursuant to s. 24, Art. X of 339 the State Constitution or this

section and to assist him or her 340 in asserting such rights. 341 2. The right to inform a person’s employer, union or other 342 similar organization, legal counsel, or any other person about 343 an alleged violation of s. 24, Art. X of the State Constitution 344 or this section. 345 3. The right to file a complaint with the division or file 346 a civil action in a court of competent jurisdiction for an 347 alleged violation of s. 24, Art. X of the State Constitution or 348

Florida Senate - 2025 SB 1552 17-01222-25 20251552__ Page 13 of 31 CODING: Words stricken are deletions; words underlined are additions. this section. 349 4. The right to cooperate with any investigation conducted 350 under this

section and to testify in any proceeding or action 351 brought under this section. 352 5. The right to refuse to participate in an activity that 353 violates city, state, or federal law. 354 6. The right to oppose any policy, practice, or act that 355 violates s. 24, Art. X of the State Constitution or this 356 section. 357 (

c) There is a rebuttable presumption that an employer has 358 violated s. 24, Art. X of the State Constitution or this

section 359 if the employer takes adverse action against an employee within 360 90 days after the employee exercises a right under paragraph 361 (b). If an employee is a seasonal worker and his or her work 362 ended before the end of the 90-day period, the rebuttable 363 presumption applies if the employer fails to rehire the seasonal 364 worker in the same position at the next opportunity. The 365 rebuttable presumption may be overcome by clear and convincing 366 evidence. 367 (

d) The protections provided under this

section apply to 368 any employee who alleges a violation of s. 24, Art. X of the 369 State Constitution or this

section in good faith. Any complaint 370 or other communication by an employee alleging a violation of s. 371 24, Art. X of the State Constitution or this

section triggers 372 the protections under this

section even if the complaint or 373 communication does not specifically reference this section. 374 (

e) An employee who believes he or she has been 375 discriminated or retaliated against for exercising a right under 376 s. 24, Art. X of the State Constitution or this

section may file 377

Florida Senate - 2025 SB 1552 17-01222-25 20251552__ Page 14 of 31 CODING: Words stricken are deletions; words underlined are additions. a complaint with the division or a civil action in a court of 378 competent jurisdiction within 4 years after the alleged 379 violation or, in the case of a willful violation, within 5 years 380 after the alleged violation. 381

(7) An employer has the burden of proving that a person is 382 an independent contractor and not an employee. A person who 383 receives remuneration for services provided is considered an 384 employee unless the employer proves: 385 (

a) The person is free from control or direction by the 386 employer over the performance of such service. 387 (

b) The service provided by the person is outside the usual 388 course of business of the employer. 389 (

c) The person is customarily engaged in an independently 390 established trade, occupation, profession, or business. 391

(8) It is a violation of this section: 392 (

a) To misclassify an employee as an independent 393 contractor; or 394 (

b) For a person or an entity to enter into a contract or 395 an agreement with an independent contractor for labor or 396 services if the person or entity knows or should know that the 397 contract or agreement does not include funds sufficient to allow 398 the independent contractor to comply with all applicable local, 399 state, and federal laws or regulations governing the labor or 400 services to be provided. 401 (9)(

a) The division may commence investigations, actions, 402 and proceedings necessary to enforce this section. The division 403 may, in its sole discretion, investigate an employer to 404 determine whether a violation of s. 24, Art. X of the State 405 Constitution or this

section has occurred. 406

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b) In order to encourage a person or an entity to report a 407 suspected violation of s. 24, Art. X of the State Constitution 408 or this section, the division: 409 1. Shall keep the name and other personal identifying 410 information about the reporter confidential to the extent 411 permitted by law. The division may disclose the reporter’s name 412 or identification with the written consent of the reporter. 413 2.

Shall provide a notice form to an employer being 414 investigated, which must be posted in a conspicuous and 415 accessible location at the workplace, notifying the employees 416 that the division is conducting an investigation under this 417 section. The notice form must be in English and any other 418 language that is the primary language of a majority of the 419 employees in the workplace. If displaying the notice form is not 420 feasible, the employer must provide a copy to each employee 421 through electronic means and also in printed form. 422 3.

May certify the eligibility of a person for a visa under 423 8 U.S.C. s. 1184(

p) and 8 U.S.C. s. 1101(a)(15)(U), subject to 424 applicable federal law and regulations, and other rules issued 425 by the division. 426 (10)(

a) During an investigation under this section, the 427 division has the power to: 428 1. Enter and inspect the workplace. 429 2. Inspect and make copies of papers, books, accounts, 430 records, payroll, and other documents necessary to further its 431 investigation. 432 3. Question witnesses under oath and in a private location. 433 4. Issue subpoenas to compel the attendance and testimony 434 of witnesses and the production of papers, books, accounts, 435

Florida Senate - 2025 SB 1552 17-01222-25 20251552__ Page 16 of 31 CODING: Words stricken are deletions; words underlined are additions. records, payroll, and other documents necessary to further its 436 investigation. 437 5. Take depositions and affidavits. 438 6. Investigate any facts, conditions, practices, or matters 439 as the division deems appropriate to determine whether a 440 violation of s. 24, Art. X of the State Constitution or this 441

section has occurred. 442 (

b) If an employer fails to comply with a lawfully issued 443 subpoena or if a witness refuses to testify or be questioned, 444 the division may request that the court compel compliance by 445 initiating a proceeding for contempt. The court shall take 446 judicial notice under s. 90.202(13) of the Department of 447 Commerce’s seal, “Department of Commerce-State of Florida,” and 448 shall enforce any subpoena issued by the director or his or her 449 representative under such seal. 450 (

c) During an administrative or civil proceeding under this 451 section, an employer may not introduce any documentation as 452 evidence that was not provided to the division. 453 (11)(

a) During the course of an investigation under this 454

section or if the division reasonably believes that an employer 455 has engaged in, is engaging in, or is about to engage in, a 456 violation of s. 24, Art. X of the State Constitution or this 457 section, the division or the Attorney General may seek 458 injunctive relief to: 459 1. Prohibit the employer from continuing to engage or 460 engaging in the violation or doing any act in furtherance of the 461 violation. 462 2. Prevent violations or attempted violations of s. 24, 463 Art. X of the State Constitution or this section. 464

Florida Senate - 2025 SB 1552 17-01222-25 20251552__ Page 17 of 31 CODING: Words stricken are deletions; words underlined are additions. 3. Prevent any attempt to interfere with or impede the 465 enforcement of this section. 466 4. Exercise or perform any power or duty under this 467 section. 468 (

b) When determining whether injunctive relief is 469 appropriate, the court shall consider any potential or direct 470 harm to an employee from a violation of s. 24, Art. X of the 471 State Constitution or this

section and the potential chilling 472 effect on other employees attempting to assert their rights 473 under s. 24, Art. X of the State Constitution or this section. 474 (

c) A temporary injunction remains in effect until the 475 division issues a citation to the employer or until the 476 completion of an administrative hearing, whichever is longer, or 477 until a time certain set by the court. A temporary injunction 478 does not prohibit an employer from taking adverse action against 479 an employee for conduct unrelated to an alleged violation of s. 480 24, Art. X of the State Constitution or this section. 481 (

d) The court may issue a preliminary or permanent 482 injunction if it determines such injunction is just and proper. 483 (12)(

a) If a violation of s. 24, Art. X of the State 484 Constitution or this

section is found during an investigation 485 and the violation is not remedied through settlement or 486 otherwise, the division must issue a citation to the employer. 487 The citation must be in writing and describe the nature of the 488 violation and may include appropriate relief. Appropriate relief 489 includes, but is not limited to, requiring an employer to cease 490 and desist; to take any action necessary to remedy the 491 violation, such as rehiring or reinstating an employee, 492 reimbursing lost wages plus interest, or paying liquidated 493

Florida Senate - 2025 SB 1552 17-01222-25 20251552__ Page 18 of 31 CODING: Words stricken are deletions; words underlined are additions. damages in an amount equal to two times the unpaid wages, or 494 other fines and penalties, including a fine of up to $50 for 495 each day a violation continues to exist and for each employee to 496 whom the violation occurred, payable to the state or aggrieved 497 employee; to take training classes relating to compliance with 498 this section; or to submit to compliance monitoring by the 499 division.

The division shall serve the citation in a manner 500 provided by the Florida Rules of Civil Procedure. The citation 501 must advise the employer of his or her right to an 502 administrative hearing to have the citation reviewed. 503 (

b) Within 30 days after service of a citation, an employer 504 must comply with all appropriate relief specified in the 505 citation or may obtain review of the citation by providing a 506 written request for review to the director. Upon receipt of a 507 written request for review, the director shall assign the 508 citation to an administrative law judge to conduct a hearing and 509 issue a written decision. Hearings conducted under this 510 subsection are governed by the division and the rules of 511 practice and procedure adopted by the division. 512 (

c) An administrative hearing must commence within 90 days 513 after receipt of a timely submitted request for review. The 514 administrative law judge shall render a written decision within 515 90 days after the conclusion of the hearing. The written 516 decision must include a statement of findings, conclusions of 517 law, and a recommended order that specifies all appropriate 518 relief as authorized under paragraph (a), including the amount 519 required for an appeal bond should the employer choose to obtain 520 review of the recommended order issued under this paragraph. The 521 decision must be served on all parties in a manner provided by 522

Florida Senate - 2025 SB 1552 17-01222-25 20251552__ Page 19 of 31 CODING: Words stricken are deletions; words underlined are additions. the Florida Rules of Civil Procedure. If the recommended order 523 includes a monetary remedy, the amount is due 45 days after the 524 written decision is properly served on the employer. 525 (d)1. An employer may obtain review of the written decision 526 and recommended order issued under paragraph (

c) by filing a 527 petition for a writ of mandamus to a court having jurisdiction 528 within 45 days after the written decision is properly served on 529 the employer. If a petition for a writ of mandamus is not filed 530 within the appropriate time, the recommended order in the 531 written decision becomes final. 532 2. Before an employer may obtain review of the written 533 decision or recommended order, the employer must post an appeal 534 bond, in the amount specified in the recommended order, issued 535 by a licensed surety or as a cash deposit with the court.

The 536 employer must provide written notice to the division and any 537 other parties of the posting of the appeal bond. 538 3. A court may overturn a written decision based on abuse 539 of discretion. An employer establishes an abuse of discretion if 540 the employer alleges that the findings are not supported by the 541 evidence and the court determines that the findings are not 542 supported by substantial evidence when looking at the entire 543 record. 544 4.

If the court issues an order in favor of the aggrieved 545 party or if the appeal is withdrawn or dismissed without entry 546 of judgment, the employer is liable for the relief specified in 547 the written decision from the administrative hearing, unless the 548 parties execute a settlement agreement, in which case the 549 employer is liable for the relief specified in the settlement 550 agreement. If the written decision from the administrative 551

Florida Senate - 2025 SB 1552 17-01222-25 20251552__ Page 20 of 31 CODING: Words stricken are deletions; words underlined are additions. hearing or the settlement agreement provides for monetary 552 relief, and the employer fails to pay the amount owed within 10 553 days after entry of an order, dismissal or withdrawal of the 554 appeal, or the execution of a settlement agreement, a portion of 555 the appeal bond equal to the amount owed, or the entire appeal 556 bond if the amount owed exceeds the amount of the bond, must be 557 paid to the aggrieved party. 558 5.

If the employer does not request review of the citation 559 under paragraph (b), file a writ of mandamus under subparagraph 560 1., or post the appeal bond as required in subparagraph 2., and 561 the time to do so has expired, or if the petition for a writ of 562 mandamus is dismissed or withdrawn without entry of judgment, 563 the clerk of the court must certify a copy of the citation or 564 written decision and recommended order issued by the division or 565 by the administrative law judge, respectively, and enter 566 judgment for the state or aggrieved party.

The judgment has the 567 same force and effect as a judgment entered in a civil action 568 and may be enforced in the same manner as any other judgment of 569 the court. The court shall give priority to petitions to enforce 570 a judgment entered under this section. 571 6.

If an employer fails to comply with a citation or final 572 order, whether issued by the division, administrative law judge, 573 or court, and has exhausted all reviews or appeals or the time 574 to file a review or appeal has expired, the division or the 575 Attorney General may commence and prosecute a civil action to 576 recover unpaid wages, including interest, fines, or penalties; 577 equitable relief; and liquidated damages owed to an aggrieved 578 person. The prevailing party is entitled to recover applicable 579 fines or civil penalties and reasonable attorney fees and costs. 580

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a) A person aggrieved by a violation of s. 24, Art. X 581 of the State Constitution or this

section may bring a civil 582 action in a court of competent jurisdiction. 583 (6)(

a) Any person aggrieved by a violation of this

section 584 may bring a civil action in a court of competent jurisdiction 585 against an employer violating this

section or a party violating 586 subsection (5). However, prior to bringing any claim for unpaid 587 minimum wages pursuant to this section, the person aggrieved 588 shall notify the employer alleged to have violated this section, 589 in writing, of an intent to initiate such an action. The notice 590 must identify the minimum wage to which the person aggrieved 591 claims entitlement, the actual or estimated work dates and hours 592 for which payment is sought, and the total amount of alleged 593 unpaid wages through the date of the notice. 594 (

b) The employer shall have 15 calendar days after receipt 595 of the notice to pay the total amount of unpaid wages or 596 otherwise resolve the claim to the satisfaction of the person 597 aggrieved. The statute of limitations for bringing an action 598 pursuant to this

section shall be tolled during this 15-day 599 period. If the employer fails to pay the total amount of unpaid 600 wages or otherwise resolve the claim to the satisfaction of the 601 person aggrieved, then the person aggrieved may bring a claim 602 for unpaid minimum wages, the terms of which must be consistent 603 with the contents of the notice. 604 (c)1. Upon prevailing in a civil an action brought under 605 paragraph (6)(

e) pursuant to this section, aggrieved persons 606 shall recover the full amount of any unpaid back wages, plus 607 interest, unlawfully withheld plus up to two times the unpaid 608 wages the same amount as liquidated damages and shall be awarded 609

Florida Senate - 2025 SB 1552 17-01222-25 20251552__ Page 22 of 31 CODING: Words stricken are deletions; words underlined are additions. reasonable attorney attorney’s fees and costs. Additionally, As 610 provided under the federal Fair Labor Standards Act, pursuant to 611 s. 11 of the Portal-to-Portal Act of 1947, 29 U.S.C. s. 260, if 612 the employer proves by a preponderance of the evidence that the 613 act or omission giving rise to such action was in good faith and 614 that the employer had reasonable grounds for believing that his 615 or her act or omission was not a violation of s. 24, Art.

X of 616 the State Constitution, the court may, in its sound discretion, 617 award no liquidated damages or award any amount thereof not to 618 exceed an amount equal to the amount of unpaid minimum wages. 619 The court shall not award any economic damages on a claim for 620 unpaid minimum wages not expressly authorized in this section. 621 2.

Upon prevailing in an action brought pursuant to this 622 section, aggrieved persons are shall also be entitled to such 623 legal or equitable relief as may be appropriate to remedy the 624 violation, including, without limitation, reinstatement in 625 employment and injunctive relief. However, any entitlement to 626 legal or equitable relief in an action brought under s. 24, Art. 627 X of the State Constitution or this

section may shall not 628 include punitive damages. 629 (

b) In addition to any other remedies or penalties 630 authorized by law, if an employer is found to have willfully 631 violated s. 24, Art. X of the State Constitution or this 632 section, the division, administrative law judge, or court may 633 impose a fine of $1,000 per violation payable to the state. 634 (

c) In addition to any other remedies or penalties 635 authorized by law, any employer or other person found to have 636 hindered, prevented, impeded, or interfered with the division or 637 administrative hearing body in the performance of their duties 638

Florida Senate - 2025 SB 1552 17-01222-25 20251552__ Page 23 of 31 CODING: Words stricken are deletions; words underlined are additions. is subject to a civil penalty of no less than $1,000 and no more 639 than $5,000, which may be assessed by the division, 640 administrative law judge, or court. 641 (

d) In addition to any other remedies or penalties 642 authorized by law, if the division, administrative law judge, or 643 court finds that an employer took adverse action or retaliated 644 against an employee in violation of subsection (6): 645 1. The division, administrative law judge, or court may 646 order reinstatement of the aggrieved party, front pay in lieu of 647 reinstatement, backpay, liquidated damages up to two times the 648 amount of the unpaid wages, and other compensatory damages as 649 appropriate. 650 2. The division, administrative law judge, or court may 651 impose on the employer an administrative penalty, not to exceed 652 $5,000, payable to the aggrieved party. 653 (

e) In addition to any other remedies or penalties 654 authorized by law, if the division, administrative law judge, or 655 court finds that an employer or entity violated subsection (8), 656 the division, administrative law judge, or court may impose on 657 the employer or entity the following: 658 1. A civil penalty in an amount up to 5 percent of the 659 employee’s gross earnings over the past 12 months, payable to 660 the misclassified employee. 661 2. A civil penalty up to $5,000 per violation, payable to 662 this state. 663 (f)(

d) Any civil action brought under s. 24, Art. X of the 664 State Constitution and this

section is shall be subject to s. 665 768.79. 666

(7) The Attorney General may bring a civil action to 667

Florida Senate - 2025 SB 1552 17-01222-25 20251552__ Page 24 of 31 CODING: Words stricken are deletions; words underlined are additions. enforce this section. The Attorney General may seek injunctive 668 relief. In addition to injunctive relief, or in lieu thereof, 669 for any employer or other person found to have willfully 670 violated this section, the Attorney General may seek to impose a 671 fine of $1,000 per violation, payable to the state. 672 (14)

(8) The statute of limitations for an action brought 673 under pursuant to this

section is shall be for the period of 674 time specified in s. 95.11 beginning on the date the alleged 675 violation occurred. The statute of limitations applicable to an 676 action under this

section is tolled during the division’s 677 investigation and any administrative enforcement under this 678 section. 679 (15)

(9) Actions brought under pursuant to this

section may 680 be brought as a class action pursuant to Rule 1.220, Florida 681 Rules of Civil Procedure. In any class action brought under 682 pursuant to this section, the plaintiffs must shall prove, by a 683 preponderance of the evidence, the individual identity of each 684 class member and the individual damages of each class member. 685 (16)

(10) This

section is shall constitute the exclusive 686 remedy under state law for violations of s. 24, Art. X of the 687 State Constitution. 688

(17) The division shall make reasonable efforts to ensure 689 that judgments against an employer are satisfied and may use any 690 remedy that is available to a judgment creditor to collect an 691 unsatisfied judgment. The division may collect wages, damages, 692 and other monetary remedies on behalf of an employee. The 693 division acts as the trustee of any unsatisfied judgment it 694 collects and shall deposit such wages, damages, or other 695 monetary remedy in the appropriate fund as provided by rule. The 696

Florida Senate - 2025 SB 1552 17-01222-25 20251552__ Page 25 of 31 CODING: Words stricken are deletions; words underlined are additions. division shall conduct a diligent search for any employee for 697 whom it collects an unsatisfied judgment. 698 (18)(

a) Beginning on the 20th day after a judgment is 699 entered by the clerk of the court under paragraph (12)(

d) or 700 otherwise by a court of competent jurisdiction in favor of this 701 state or the aggrieved party, the division may issue a notice of 702 levy on all persons having in their possession or under their 703 control any credits, money, or property belonging to the 704 judgment debtor. If the levy is made on credits, money, or 705 property in the possession or under the control of a bank, 706 savings and loan association, or other financial institution as 707 defined in 42 U.S.C. s. 669a(d)(1), the notice of levy may be 708 mailed or hand-delivered to a centralized location designated by 709 the bank, savings and loan association, or other financial 710 institution. 711 (

b) Any person who receives a notice of levy shall 712 surrender the credits, money, or property to the division or pay 713 to the division the amount of any debt owed within 10 days after 714 service of the levy. Any person who surrenders to the division 715 any credits, money, or property of the judgment debtor is 716 discharged from any obligation or liability to the judgment 717 debtor relating to the amount paid to the division. 718 (

c) Any person who receives a notice of levy from the 719 division and fails or refuses to surrender any credits, money, 720 or property of the judgment debtor is liable to the division for 721 the amount specified in the notice of levy. 722 (

d) Any fees, commissions, expenses, or costs associated 723 with the sale of property levied under this subsection are the 724 obligation of the judgment debtor and may be collected by virtue 725

Florida Senate - 2025 SB 1552 17-01222-25 20251552__ Page 26 of 31 CODING: Words stricken are deletions; words underlined are additions. of the levy or in any other manner as though the fees, 726 commissions, expenses, or costs were part of the judgment. 727 (

e) The division may create a lien on any real or personal 728 property of an employer found in violation of s. 24, Art. X of 729 the State Constitution or this section. The division shall 730 release the lien upon final satisfaction of any judgment entered 731 in favor of an aggrieved party or the division, or upon 732 adjudication of the claim in favor of the employer. A lien 733 created under this paragraph lasts 10 years after the date it is 734 created unless the lien is satisfied or released. A lien created 735 under this paragraph is in addition to any other rights 736 available to an aggrieved party or the division. 737 (19)(

a) If a citation issued by the division, written 738 decision and order issued by an administrative law judge, or 739 final judgment awarded under this

section remains unsatisfied 30 740 days after all reviews and appeals have been exhausted or the 741 time to request a review or file an appeal has expired, the 742 division may issue a stop-order prohibiting the employer from 743 conducting business in this state using employee labor, 744 including conducting business using the labor of another 745 business, contractor, or subcontractor instead of the labor of 746 an employee, until the judgment is satisfied. The stop-order is 747 effective upon receipt of the order and the employer must pay 748 employees up to 10 days of lost wages due to the stop-order. 749 (

b) An employer may appeal the stop-order by filing, within 750 20 days after receipt of the stop-order, a written request with 751 the division for an administrative hearing. The hearing must be 752 held within 5 days after receipt of the written request, at 753 which time the stop-order must be affirmed or dismissed, and the 754

Florida Senate - 2025 SB 1552 17-01222-25 20251552__ Page 27 of 31 CODING: Words stricken are deletions; words underlined are additions. division shall mail a written notice of findings by United 755 States mail to all parties within 24 hours after the conclusion 756 of the hearing. A party may appeal the written notice of 757 findings to a court of competent jurisdiction within 45 days 758 after the notice is mailed. The division may seek injunctive or 759 other appropriate relief to enforce the stop-order and is 760 entitled to attorney fees and costs if the division prevails. 761 (

c) An employer, an owner, a director, an officer, or a 762 managing agent of an employer who fails to comply with a stop-763 order issued under this subsection commits a misdemeanor of the 764 second degree, punishable as provided in s. 775.082 or s. 765 775.083. 766 (

d) This subsection does not apply if the stop-order would 767 compromise public safety or the life, health, and care of a 768 vulnerable person as defined in s. 435.02. 769

(20) If a citation issued by the division, written decision 770 and order issued by an administrative law judge, or final 771 judgment awarded under this

section remains unsatisfied 30 days 772 after all reviews or appeals have been exhausted or the time to 773 request a review or file an appeal has expired, the division may 774 request that the appropriate state agency, and the state agency 775 is authorized to, deny, suspend, or revoke any license held by 776 the employer until such time as the judgment is satisfied. 777

(21) Any person acting on behalf of an employer may be held 778 liable as the employer for a violation of s. 24, Art. X of the 779 State Constitution or this section. A client employer is jointly 780 and severally liable with a labor contractor for the payment of 781 unpaid wages, interest, liquidated damages, fines, or penalties 782 awarded under this section. 783

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(22) All employers, client employers, and labor contractors 784 shall create records documenting compliance with s. 24, Art. X 785 of the State Constitution and this

section in accordance with 786 division rules. Records must be maintained for a minimum of 5 787 years after an employee leaves the employment of the employer or 788 client employer, or is no longer working with a labor 789 contractor. An employer, a client employer, or a labor 790 contractor shall allow the division reasonable access to the 791 records when requested. If an employee, or other authorized 792 person or entity, alleges a violation of s. 24, Art. X of the 793 State Constitution or this

section and the employer, client 794 employer, or labor contractor has not created and maintained 795 records as required under this subsection, there is a rebuttable 796 presumption that the employer, client employer, or labor 797 contractor is in violation of the law. The employer, client 798 employer, or labor contractor can overcome this presumption with 799 clear and convincing evidence. 800

(23) The division may enter into agreements with local, 801 state, or federal agencies to assist in the administration and 802 enforcement of this section. 803

(24) Subject to appropriation of funds by the Legislature, 804 the division shall establish and maintain an outreach and 805 education partnership program to promote awareness of, and 806 compliance with, s. 24, Art. X of the State Constitution and 807 this section. The division shall pursue partnerships with 808 community-based organizations and unions through a competitive 809 request for proposals. Duties of the outreach and education 810 partnership program may include: 811 (

a) Disseminating information and conducting outreach and 812

Florida Senate - 2025 SB 1552 17-01222-25 20251552__ Page 29 of 31 CODING: Words stricken are deletions; words underlined are additions. training to educate employees about their rights. 813 (

b) Conducting educational training for employers about 814 their obligations. 815 (

c) Assisting employees with filing a claim for a violation 816 under s. 24, Art. X of the State Constitution or this section. 817 (

d) Assisting the division in conducting investigations 818 under this section, including the collection of evidence and 819 enforcement of a judgment. 820 (

e) Monitoring compliance with s. 24, Art. X of the State 821 Constitution and this section. 822 (

f) Establishing networks for education, communication, and 823 participation in the workplace and community. 824 (

g) Producing and disseminating training materials to 825 employers and employees. 826 (25)

(11) Except for calculating the adjusted state minimum 827 wage and publishing the initial state minimum wage and any 828 annual adjustments thereto, the authority of the division 829 department of Commerce in implementing s. 24, Art. X of the 830 State Constitution, pursuant to this section, is shall be 831 limited to that authority expressly granted by the Legislature. 832

Section

Section 448.112, Florida Statutes, is created to 833 read: 834 448.112 Division of Labor Standards Community Advisory 835 Board.—The Division of Labor Standards Community Advisory Board, 836 an advisory council as defined in s. 20.03(7), is established 837 within the Division of Labor Standards. 838

(1) The advisory board shall be composed of the following 839 members who must be approved by the director of the Division of 840 Labor Standards: 841

Florida Senate - 2025 SB 1552 17-01222-25 20251552__ Page 30 of 31 CODING: Words stricken are deletions; words underlined are additions. (

a) A representative from the Division of Labor Standards. 842 (

b) A representative from the Department of Commerce. 843 (

c) A representative from the Department of Education. 844 (

d) A representative from the Florida Chamber of Commerce. 845 (

e) A representative from a small business as defined in s. 846 288.703. 847 (

f) Four representatives from labor organizations as 848 defined in s. 447.02(1) throughout this state. 849

(2) Members of the advisory board shall be appointed for 2-850 year terms, which must be staggered. 851

(3) Members of the advisory board shall serve without 852 compensation and are not entitled to receive reimbursement for 853 per diem or travel expenses. 854

(4) The advisory board shall meet at least three times a 855 year in order to review reports and projects of the Division of 856 Labor Standards. Meetings of the advisory board must be open to 857 the public and provide the opportunity for public comment. 858

(5) The advisory board shall submit an annual report to the 859 director of the Division of Labor Standards recommending changes 860 to existing state policies and programs to ensure employee 861 safety and equity, with particular emphasis on racial equity and 862 low-wage and migrant workers. 863

(6) By January 1, 2026, and annually thereafter, the 864 director of the Division of Labor Standards shall submit the 865 annual report to the Governor, the President of the Senate, and 866 the Speaker of the House of Representatives. 867

(7) In accordance with s. 20.052(8), this

section is 868 repealed October 2, 2028, unless reviewed and saved from repeal 869 through reenactment by the Legislature. 870

Florida Senate - 2025 SB 1552 17-01222-25 20251552__ Page 31 of 31 CODING: Words stricken are deletions; words underlined are additions.

Section 5. This act shall take effect July 1, 2025. 871