Florida 2023 Regular Session

Florida House Bill H0137 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	HB 137 2023
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5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0137-00
9	9	Page 1 of 29
10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11	11
12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to the Department of Labor; creating 2
16	16	s. 20.71, F.S.; creating the Department of Labor as a 3
17	17	new department of state government; providing for the 4
18	18	secretary of the department to be appointed by the 5
19	19	Governor and confirmed by the Senate; author izing the 6
20	20	secretary to establish divisions and regional offices 7
21	21	of the department; providing the purpose of the 8
22	22	department; authorizing the department to adopt rules; 9
23	23	amending s. 448.109, F.S.; revising requirements for 10
24	24	notifying employees of certain right s; conforming 11
25	25	provisions to changes made by the act; amending s. 12
26	26	448.110, F.S.; designating the Department of Labor as 13
27	27	the state Agency for Workforce Innovation for purposes 14
28	28	of implementing s. 24, Art. X of the State 15
29	29	Constitution; providing definitions; re vising the 16
30	30	protected rights of an employee; creating a rebuttable 17
31	31	presumption and burden of proof for an employer; 18
32	32	revising the process for filing a complaint for a 19
33	33	violation of protected rights; prohibiting a person or 20
34	34	entity from entering into certain co ntracts; 21
35	35	authorizing and providing the department certain 22
36	36	powers to conduct investigations, issue citations, 23
37	37	enforce and collect judgments by certain means, and 24
38	38	partner with other entities for enforcement and 25
39	39
40	40	HB 137 2023
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42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0137-00
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
48	48
49	49
50	50
51	51	education outreach; providing for injunctive re lief 26
52	52	under certain circumstances; providing a process for 27
53	53	review of a citation, levy, or stop -order issued by 28
54	54	the department; providing penalties; tolling the 29
55	55	statute of limitations during an investigation; 30
56	56	providing liability; requiring certain records be 31
57	57	maintained for a specified length of time; creating s. 32
58	58	448.111, F.S.; creating the Department of Labor 33
59	59	Community Advisory Board within the Department of 34
60	60	Labor; providing for membership, meetings, and duties 35
61	61	of the advisory board; requiring an annual repor t to 36
62	62	the Secretary of the Department of Labor, the 37
63	63	Governor, and the Legislature by a specified date; 38
64	64	providing an effective date. 39
65	65	40
66	66	Be It Enacted by the Legislature of the State of Florida: 41
67	67	42
68	68	Section 1. Section 20.71, Florida Statutes, is created to 43
69	69	read: 44
70	70	20.71 Department of Labor; creation; powers and duties. — 45
71	71	(1) There is created the Department of Labor. 46
72	72	(2) The head of the department is the Secretary of Labor, 47
73	73	who shall be appointed by the Governor, subject to confirmation 48
74	74	by the Senate. The secretary shall serve at the pleasure of and 49
75	75	report to the Governor. 50
76	76
77	77	HB 137 2023
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79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0137-00
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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86	86
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88	88	(3) The secretary may create divisions within the 51
89	89	department and allocate various functions of the department 52
90	90	among such divisions. 53
91	91	(4)(a) The headquarters of the department shall be located 54
92	92	in Tallahassee. However, the department may establish regional 55
93	93	offices throughout the state as the secretary deems necessary 56
94	94	for the efficient operation of the department in accomplishing 57
95	95	its purpose. 58
96	96	(b) The purpose of the department is to enfo rce s. 24, 59
97	97	Art. X of the State Constitution, s. 448.110, and any other law 60
98	98	that the department has enforcement authority over as designated 61
99	99	by the Legislature. 62
100	100	(5) The department may adopt rules as necessary to carry 63
101	101	out the functions and purposes of the department. 64
102	102	Section 2. Paragraph (a) of subsection (3) of section 65
103	103	448.109, Florida Statutes, is amended to read: 66
104	104	448.109 Notification of the state minimum wage. — 67
105	105	(3)(a) Each year the Department of Labor Department of 68
106	106	Economic Opportunity shall, on or before December 1, create and 69
107	107	make available to employers a poster in English , and in Spanish, 70
108	108	and any other languages, as necessary. The poster must give 71
109	109	notice of all of the following: 72
110	110	1. The right to the minimum wage as provided by s. 24, 73
111	111	Art. X of the State Constitution and s. 448.110. 74
112	112	2. The right to be protected from retaliation for 75
113	113
114	114	HB 137 2023
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116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
122	122
123	123
124	124
125	125	exercising in good faith any right protected under s. 24, Art. X 76
126	126	of the State Constitution and s. 448.110. 77
127	127	3. The right to file a complaint with the Department of 78
128	128	Labor or bring a civil action in a court of competent 79
129	129	jurisdiction for a violation of s. 24, Art. X of the State 80
130	130	Constitution or s. 448.110. which reads substantially as 81
131	131	follows: 82
132	132	NOTICE TO EMPLOYEES 83
133	133	The Florida minimum wage is $ ...(amount)... per hour, with a 84
134	134	minimum wage of at least $ ...(amount)... per hour for tipped 85
135	135	employees, in addition to tips, for January 1, ...(year)..., 86
136	136	through December 31, ...(year).... 87
137	137	The rate of the minimum wage is recalculated yearly on September 88
138	138	30, based on the Consumer Price Index. Every year on January 1 89
139	139	the new Florida minimum wage takes effect. 90
140	140	An employer may not retaliate against an employee for exercising 91
141	141	his or her right to receive the minimum wage. Rights protected 92
142	142	by the State Constitution include the right to: 93
143	143	1. File a complaint about an employer's alleged 94
144	144	noncompliance with lawful minimum wage requirements. 95
145	145	2. Inform any person about an employer's alleged 96
146	146	noncompliance with lawful minimum wage requirements. 97
147	147	3. Inform any person of his or her potential r ights under 98
148	148	Section 24, Article X of the State Constitution and to 99
149	149	assist him or her in asserting such rights. 100
150	150
151	151	HB 137 2023
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153	153
154	154
155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb0137-00
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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160	160
161	161
162	162	An employee who has not received the lawful minimum wage after 101
163	163	notifying his or her employer and giving the employer 15 days to 102
164	164	resolve any claims for unpaid wages may bring a civil action in 103
165	165	a court of law against an employer to recover back wages plus 104
166	166	damages and attorney's fees. 105
167	167	An employer found liable for intentionally violating minimum 106
168	168	wage requirements is subject to a fine of $1,000 per viol ation, 107
169	169	payable to the state. 108
170	170	The Attorney General or other official designated by the 109
171	171	Legislature may bring a civil action to enforce the minimum 110
172	172	wage. 111
173	173	For details see Section 24, Article X of the State Constitution. 112
174	174	Section 3. Section 448.110, Florida Statutes, is amended 113
175	175	to read: 114
176	176	448.110 State minimum wage; annual wage adjustment; 115
177	177	enforcement.— 116
178	178	(1) This section may be cited as the "Florida Minimum Wage 117
179	179	Act." 118
180	180	(2) The purpose of this section is to provide measures 119
181	181	appropriate for the implementatio n of s. 24, Art. X of the State 120
182	182	Constitution, in accordance with authority granted to the 121
183	183	Legislature under pursuant to s. 24(f), Art. X of the State 122
184	184	Constitution. To implement s. 24, Art. X of the State 123
185	185	Constitution, the Department of Labor Department of Economic 124
186	186	Opportunity is designated as the state Agency for Workforce 125
187	187
188	188	HB 137 2023
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190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb0137-00
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
196	196
197	197
198	198
199	199	Innovation. 126
200	200	(3) As used in this section, the term: 127
201	201	(a) "Adverse action" means the discharge, suspension, 128
202	202	transfer, or demotion of an employee; the withholding of wage, 129
203	203	bonuses, benefits, or workable hours; filing, or threatening to 130
204	204	file, a false report with a government agency or engaging in 131
205	205	unfair immigration-related practices; or any other adverse 132
206	206	action taken against an employee within the terms and conditions 133
207	207	of employment by an em ployer. 134
208	208	(b) "Client employer" means a business entity, regardless 135
209	209	of its form, that obtains or is provided employees to perform 136
210	210	labor within its usual course of business from a labor 137
211	211	contractor. The term does not include: 138
212	212	1. A business entity with a wo rkforce of 25 or fewer 139
213	213	employees, including those hired directly by the client employer 140
214	214	and those obtained from or provided by a labor contractor. 141
215	215	2. A business entity with a workforce of 5 or fewer 142
216	216	employees supplied by a labor contractor to the client employer 143
217	217	at any given time. 144
218	218	3. The state or a political subdivision of the state. 145
219	219	(c) "Department" means the Department of Labor. 146
220	220	(d) "Employee" has the same meaning as established under 147
221	221	the federal Fair Labor Standards Act and its implementing 148
222	222	regulations in effect on July 1, 2023. 149
223	223	(e) "Employer" has the same meaning as established under 150
224	224
225	225	HB 137 2023
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228	228
229	229	CODING: Words stricken are deletions; words underlined are additions.
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
233	233
234	234
235	235
236	236	the federal Fair Labor Standards Act and its implementing 151
237	237	regulations in effect on July 1, 2023. 152
238	238	(f) "Judgment debtor" means each person who is liable on a 153
239	239	judgment or order to pay a sum of money that remains 154
240	240	unsatisfied. 155
241	241	(g) "Labor contractor" means a person or entity that 156
242	242	supplies, with or without a contract, a client employer with 157
243	243	employees to perform labor within the client employer's usual 158
244	244	course of business. The term does not include a bona fide 159
245	245	nonprofit, community -based organization that provides services 160
246	246	to employees or a labor organization or apprenticeship program 161
247	247	operating under a collective bargaining agreement. 162
248	248	(h) "Secretary" means the secretary of the department. 163
249	249	(i) "Usual course of business" means the regular and 164
250	250	customary work of a business performed within or upon the 165
251	251	premises or worksite of the client employer. 166
252	252	(4)(3) Effective May 2, 2005, employers shall pay 167
253	253	employees a minimum wage at an hourly rate of $6.15 for all 168
254	254	hours worked in Florida. Only those individuals entitled to 169
255	255	receive the federal minimum wage under the federal Fair Labor 170
256	256	Standards Act and its implementing regulations shall be eligible 171
257	257	to receive the state minim um wage under pursuant to s. 24, Art. 172
258	258	X of the State Constitution and this section. Sections 213 and 173
259	259	214 The provisions of ss. 213 and 214 of the federal Fair Labor 174
260	260	Standards Act, as interpreted by applicable federal regulations 175
261	261
262	262	HB 137 2023
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266	266	CODING: Words stricken are deletions; words underlined are additions.
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
270	270
271	271
272	272
273	273	and implemented by the Secr etary of Labor, are incorporated 176
274	274	herein. 177
275	275	(5)(a)(4)(a) Beginning September 30, 2005, and annually on 178
276	276	September 30 thereafter, the department of Economic Opportunity 179
277	277	shall calculate an adjusted state minimum wage rate by 180
278	278	increasing the state minimum wage b y the rate of inflation for 181
279	279	the 12 months prior to September 1. In calculating the adjusted 182
280	280	state minimum wage, the department of Economic Opportunity shall 183
281	281	use the Consumer Price Index for Urban Wage Earners and Clerical 184
282	282	Workers, not seasonally adjusted, for the South Region or a 185
283	283	successor index as calculated by the United States Department of 186
284	284	Labor. Each adjusted state minimum wage rate shall take effect 187
285	285	on the following January 1, with the initial adjusted minimum 188
286	286	wage rate to take effect on January 1, 2 006. 189
287	287	(b) The Department of Revenue and the department of 190
288	288	Economic Opportunity shall annually publish the amount of the 191
289	289	adjusted state minimum wage and the effective date. Publication 192
290	290	shall occur by posting the adjusted state minimum wage rate and 193
291	291	the effective date on the Internet home pages of the department 194
292	292	of Economic Opportunity and the Department of Revenue by October 195
293	293	15 of each year. In addition, to the extent funded in the 196
294	294	General Appropriations Act, the department of Economic 197
295	295	Opportunity shall provide written notice of the adjusted rate 198
296	296	and the effective date of the adjusted state minimum wage to all 199
297	297	employers registered in the most current reemployment assistance 200
298	298
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
307	307
308	308
309	309
310	310	database. Such notice shall be mailed by November 15 of each 201
311	311	year using the addresses included in the database. Employers are 202
312	312	responsible for maintaining current address information in the 203
313	313	reemployment assistance database. The department of Economic 204
314	314	Opportunity is not responsible for failure to provide notice due 205
315	315	to incorrect or incomplete address information in the database. 206
316	316	The department of Economic Opportunity shall provide the 207
317	317	Department of Revenue with the adjusted state minimum wage rate 208
318	318	information and effective date in a timely manner. 209
319	319	(6)(a)(5) It is shall be unlawful for an employer or any 210
320	320	other party to discriminate in any manner or take adverse action 211
321	321	against any person in retaliation for exercising rights 212
322	322	protected under pursuant to s. 24, Art. X of the State 213
323	323	Constitution or this section. 214
324	324	(b) Rights protected under s. 24, Art. X of the State 215
325	325	Constitution and this section include, but are not limited to :, 216
326	326	1. The right to file a complaint or inform any person of 217
327	327	his or her potential rights under pursuant to s. 24, Art. X of 218
328	328	the State Constitution or this section and to assist him or her 219
329	329	in asserting such rights. 220
330	330	2. The right to inform a person's employer, union or other 221
331	331	similar organization, legal counsel, or any other person about 222
332	332	an alleged violation of s. 24, Art. X of the State Constitution 223
333	333	or this section. 224
334	334	3. The right to file a complaint with the department or 225
335	335
336	336	HB 137 2023
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343	343	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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345	345
346	346
347	347	file a civil action in a court of competent jurisdiction for an 226
348	348	alleged violation of s. 24, Art. X of the State Constitution or 227
349	349	this section. 228
350	350	4. The right to cooperate with any investigation conducted 229
351	351	under this section and to testify in any proceeding or action 230
352	352	brought under this section. 231
353	353	5. The right to refuse to participate in an activity that 232
354	354	violates city, state, or federal law. 233
355	355	6. The right to oppose any policy, practice, or act that 234
356	356	violates s. 24, Art. X of the State Constitution or this 235
357	357	section. 236
358	358	(c) There is a rebuttable presumption that an employer has 237
359	359	violated s. 24, Art. X of the State Constitution or this section 238
360	360	if the employer takes adverse action against an employee within 239
361	361	90 days after the employee exercises a right under paragraph 240
362	362	(b). If an employee is a seasonal worker and his or her work 241
363	363	ended before the end of the 90 -day period, the rebuttable 242
364	364	presumption applies if the employer fails to rehire the seasonal 243
365	365	worker in the same position at the next opportunity. The 244
366	366	rebuttable presumption may be overcome by clear and convincing 245
367	367	evidence. 246
368	368	(d) The protections provided under this section apply to 247
369	369	any employee who alleges a violation of s. 24, Art. X of the 248
370	370	State Constitution or this sectio n in good faith. Any complaint 249
371	371	or other communication by an employee alleging a violation of s. 250
372	372
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380	380	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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382	382
383	383
384	384	24, Art. X of the State Constitution or this section triggers 251
385	385	the protections under this section even if the complaint or 252
386	386	communication does not specifically re ference this section. 253
387	387	(e) An employee who believes he or she has been 254
388	388	discriminated or retaliated against for exercising a right under 255
389	389	s. 24, Art. X of the State Constitution or this section may file 256
390	390	a complaint with the department or a civil action in a court of 257
391	391	competent jurisdiction within 4 years after the alleged 258
392	392	violation or, in the case of a willful violation, within 5 years 259
393	393	after the alleged violation. 260
394	394	(7) An employer has the burden of proving that a person is 261
395	395	an independent contractor and not a n employee. A person who 262
396	396	receives remuneration for services provided is considered an 263
397	397	employee unless the employer proves: 264
398	398	(a) The person is free from control or direction by the 265
399	399	employer over the performance of such service. 266
400	400	(b) The service provided b y the person is outside the 267
401	401	usual course of business of the employer. 268
402	402	(c) The person is customarily engaged in an independently 269
403	403	established trade, occupation, profession, or business. 270
404	404	(8) A person or entity may not enter into a contract or 271
405	405	agreement with an independent contractor for labor or services 272
406	406	if the person or entity knows or should know that the contract 273
407	407	or agreement does not include funds sufficient to allow the 274
408	408	independent contractor to comply with all applicable local, 275
409	409
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417	417	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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419	419
420	420
421	421	state, and federal laws or regulations governing the labor or 276
422	422	services to be provided. 277
423	423	(9)(a) The department may commence investigations, 278
424	424	actions, and proceedings necessary to enforce this section. The 279
425	425	department has the sole discretion whether to investigate an 280
426	426	employer to determine if a violation of this section has 281
427	427	occurred. 282
428	428	(b) In order to encourage a person or organization to 283
429	429	report a suspected violation of this section, the department: 284
430	430	1. Must keep the name and other identifying information 285
431	431	about the reporter confidential to the extent permitted by law. 286
432	432	The department may disclose the reporter's name or 287
433	433	identification with the written consent of the reporter. 288
434	434	2. Must provide a notice form to an emp loyer being 289
435	435	investigated, which must be posted in a conspicuous and 290
436	436	accessible location at the workplace, notifying the employees 291
437	437	that the department is conducting an investigation under this 292
438	438	section. The notice form must be in English and any other 293
439	439	language that is the primary language of a majority of the 294
440	440	employees in the workplace. If display of the notice form is not 295
441	441	feasible, the employer must provide it to each employee through 296
442	442	electronic means and also provide each employee a physical copy 297
443	443	of the notice form. 298
444	444	3. May certify the eligibility of a person for a visa 299
445	445	under 8 U.S.C. s. 1184(p) and 8 U.S.C. s. 1101(a)(15)(U), 300
446	446
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454	454	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
455	455
456	456
457	457
458	458	subject to applicable federal law and regulations, and other 301
459	459	rules issued by the department. 302
460	460	(10)(a) During an investigation under this section, the 303
461	461	department has the power to: 304
462	462	1. Enter and inspect the workplace. 305
463	463	2. Inspect and make copies of papers, books, accounts, 306
464	464	records, payroll, and other documents necessary to further its 307
465	465	investigation. 308
466	466	3. Question witnesses under oath and in a private 309
467	467	location. 310
468	468	4. Issue subpoenas to compel the attendance and testimony 311
469	469	of witnesses and the production of papers, books, accounts, 312
470	470	records, payroll, and other documents necessary to further its 313
471	471	investigation. 314
472	472	5. Take depositions and affid avits. 315
473	473	6. Investigate any facts, conditions, practices, or 316
474	474	matters as the department deems appropriate to determine whether 317
475	475	a violation of this section has occurred. 318
476	476	(b) If an employer fails to comply with a lawfully issued 319
477	477	subpoena or if a witness ref uses to testify or be questioned, 320
478	478	the department may request that the court compel compliance by 321
479	479	initiating a proceeding for contempt. The court shall take 322
480	480	judicial notice under s. 90.202(13) of the department's seal, 323
481	481	"Department of Labor -State of Florida," and shall enforce any 324
482	482	subpoena issued by the secretary or his or her representative 325
483	483
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491	491	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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493	493
494	494
495	495	under such seal. 326
496	496	(c) During an administrative or civil proceeding under 327
497	497	this section, an employer may not introduce any documentation as 328
498	498	evidence that was not provided to the department. 329
499	499	(11)(a) During the course of an investigation under this 330
500	500	section, the department or the Attorney General may seek 331
501	501	injunctive relief upon a finding of reasonable cause that a 332
502	502	violation has occurred. 333
503	503	(b) When determining whether injunc tive relief is 334
504	504	appropriate, the court shall consider any direct harm to an 335
505	505	employee from a violation of this section and the chilling 336
506	506	effect on other employees attempting to assert their rights 337
507	507	under this section. Reasonable cause exists for a court to iss ue 338
508	508	an injunction if an employee has faced adverse action for 339
509	509	asserting his or her rights under this section. 340
510	510	(c) A temporary injunction remains in effect until the 341
511	511	department issues a citation to the employer or until the 342
512	512	completion of an administrative hearing, whichever is longer, or 343
513	513	until a time certain set by the court. A temporary injunction 344
514	514	does not prohibit an employer from taking adverse action against 345
515	515	an employee for conduct unrelated to an alleged violation of 346
516	516	this section. 347
517	517	(d) The court may i ssue a preliminary or permanent 348
518	518	injunction if it determines such injunction is just and proper. 349
519	519	(12)(a) If a violation of this section is found during an 350
520	520
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528	528	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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532	532	investigation and the violation has not been remedied by the end 351
533	533	of the investigation, the departmen t must issue a citation to 352
534	534	the employer. The citation must be in writing and describe the 353
535	535	nature of the violation and include any and all appropriate 354
536	536	relief. Appropriate relief includes requiring an employer to 355
537	537	cease and desist; to take any action necessar y to remedy the 356
538	538	violation, such as rehiring or reinstating an employee, 357
539	539	reimbursing lost wages, or paying liquidated damages or other 358
540	540	fines and penalties; to take training classes relating to 359
541	541	compliance with this section; or to submit to compliance 360
542	542	monitoring by the department. The department shall serve the 361
543	543	citation in a manner provided by the Florida Rules of Civil 362
544	544	Procedure. The citation must advise the employer of his or her 363
545	545	right to an administrative hearing to have the citation 364
546	546	reviewed. 365
547	547	(b) Within 30 days after service of a citation, an 366
548	548	employer must comply with all appropriate relief specified in 367
549	549	the citation or may obtain review of the citation by providing a 368
550	550	written request for review to the office of the secretary. Upon 369
551	551	receipt of a written requ est for review, the secretary shall 370
552	552	assign the citation to an administrative law judge to conduct a 371
553	553	hearing and issue a written decision. Hearings conducted under 372
554	554	this subsection are governed by the department and the rules of 373
555	555	practice and procedure adopte d by the department. 374
556	556	(c) An administrative hearing must commence within 90 days 375
557	557
558	558	HB 137 2023
559	559
560	560
561	561
562	562	CODING: Words stricken are deletions; words underlined are additions.
563	563	hb0137-00
564	564	Page 16 of 29
565	565	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566	566
567	567
568	568
569	569	after receipt of a timely submitted request for review. The 376
570	570	administrative law judge must render a written decision within 377
571	571	90 days after the conclusion of the hearing. The de cision must 378
572	572	include a statement of findings, conclusions of law, and a 379
573	573	recommended order that specifies all appropriate relief as 380
574	574	authorized under paragraph (a), including the amount required 381
575	575	for an appeal bond should the employer choose to obtain review 382
576	576	of the order issued under this paragraph. The decision must be 383
577	577	served on all parties in a manner provided by the Florida Rules 384
578	578	of Civil Procedure. If the recommended order includes a monetary 385
579	579	remedy, the amount is due 45 days after the written decision is 386
580	580	properly served on the employer. 387
581	581	(d)1. An employer may obtain review of the written 388
582	582	decision and order issued under paragraph (c) by filing a 389
583	583	petition for a writ of mandamus to a court having jurisdiction 390
584	584	within 45 days after the written decision is prope rly served on 391
585	585	the employer. If a petition for a writ of mandamus is not filed 392
586	586	within the appropriate time, the recommended order in the 393
587	587	written decision becomes final. 394
588	588	2. Before an employer may obtain review of the decision, 395
589	589	he or she must post an appeal bond, in the amount specified in 396
590	590	the recommended order, issued by a licensed surety or as a cash 397
591	591	deposit with the court. The employer shall provide written 398
592	592	notice to the department and any other parties of the posting of 399
593	593	the appeal bond. 400
594	594
595	595	HB 137 2023
596	596
597	597
598	598
599	599	CODING: Words stricken are deletions; words underlined are additions.
600	600	hb0137-00
601	601	Page 17 of 29
602	602	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603	603
604	604
605	605
606	606	3. A court may overturn a decision based on abuse of 401
607	607	discretion. An employer establishes an abuse of discretion if he 402
608	608	or she alleges that the findings are not supported by the 403
609	609	evidence and the court determines that the findings are not 404
610	610	supported by substantial evidence w hen looking at the entire 405
611	611	record. 406
612	612	4. If the court issues an order in favor of the aggrieved 407
613	613	party or if the appeal is withdrawn or dismissed without entry 408
614	614	of judgment, the employer is liable for the relief specified in 409
615	615	the written decision from the admin istrative hearing, unless the 410
616	616	parties execute a settlement agreement, in which case the 411
617	617	employer is liable for the relief specified in the settlement 412
618	618	agreement. If the written decision from the administrative 413
619	619	hearing or the settlement agreement provide for monetary relief, 414
620	620	and the employer fails to pay the amount owed within 10 days 415
621	621	after entry of a judgment, dismissal or withdrawal of the 416
622	622	appeal, or the execution of a settlement agreement, a portion of 417
623	623	the appeal bond equal to the amount owed, or the entir e appeal 418
624	624	bond if the amount owed exceeds the amount of the bond, must be 419
625	625	paid to the aggrieved party. 420
626	626	5. If the employer does not request review of the citation 421
627	627	under paragraph (b), file a writ of mandamus under subparagraph 422
628	628	1., or post the appeal bond a s required in subparagraph 2., and 423
629	629	the time to do so has expired, or if the petition for a writ of 424
630	630	mandamus is dismissed or withdrawn without entry of judgment, 425
631	631
632	632	HB 137 2023
633	633
634	634
635	635
636	636	CODING: Words stricken are deletions; words underlined are additions.
637	637	hb0137-00
638	638	Page 18 of 29
639	639	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640	640
641	641
642	642
643	643	the clerk of the court must certify a copy of the citation or 426
644	644	written decision and order issued by the department or by the 427
645	645	administrative law judge, respectively, and enter judgment for 428
646	646	the state or aggrieved party. The judgment has the same force 429
647	647	and effect as a judgment entered in a civil action and may be 430
648	648	enforced in the same manner as any other judgment of the court. 431
649	649	The court shall give priority to petitions to enforce a judgment 432
650	650	entered under this section. 433
651	651	6. If an employer fails to comply with a citation or final 434
652	652	order, whether issued by the department, administrative law 435
653	653	judge, or court, and has exhausted all reviews or appeals or the 436
654	654	time to file a review or appeal has expired, the department or 437
655	655	the Attorney General may commence and prosecute a civil action 438
656	656	to recover unpaid wages, including interest, fines, or 439
657	657	penalties; equitable relief; or liquidated damages owed to an 440
658	658	aggrieved person. The prevailing party is entitled to applicable 441
659	659	fines or civil penalties and reasonable attorney fees and costs. 442
660	660	(6)(a) Any person aggrieved by a violation of this section 443
661	661	may bring a civil action in a c ourt of competent jurisdiction 444
662	662	against an employer violating this section or a party violating 445
663	663	subsection (5). However, prior to bringing any claim for unpaid 446
664	664	minimum wages pursuant to this section, the person aggrieved 447
665	665	shall notify the employer alleged to have violated this section, 448
666	666	in writing, of an intent to initiate such an action. The notice 449
667	667	must identify the minimum wage to which the person aggrieved 450
668	668
669	669	HB 137 2023
670	670
671	671
672	672
673	673	CODING: Words stricken are deletions; words underlined are additions.
674	674	hb0137-00
675	675	Page 19 of 29
676	676	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677	677
678	678
679	679
680	680	claims entitlement, the actual or estimated work dates and hours 451
681	681	for which payment is sought, and the total amount of alleged 452
682	682	unpaid wages through the date of the notice. 453
683	683	(b) The employer shall have 15 calendar days after receipt 454
684	684	of the notice to pay the total amount of unpaid wages or 455
685	685	otherwise resolve the claim to the satisfaction of the person 456
686	686	aggrieved. The statute of limitations for bringing an action 457
687	687	pursuant to this section shall be tolled during this 15 -day 458
688	688	period. If the employer fails to pay the total amount of unpaid 459
689	689	wages or otherwise resolve the claim to the satisfaction of the 460
690	690	person aggrieved, then the person aggrieved may bring a claim 461
691	691	for unpaid minimum wages, the terms of which must be consistent 462
692	692	with the contents of the notice. 463
693	693	(13)(a)(c)1. Upon prevailing in a civil an action brought 464
694	694	under paragraph (6)(e) pursuant to this section , aggrieved 465
695	695	persons shall recover the full amount of any unpaid back wages , 466
696	696	plus interest, unlawfully withheld plus up to two times the 467
697	697	unpaid wages the same amount as liquidated damages and shall be 468
698	698	awarded reasonable attorney attorney's fees and costs. 469
699	699	Additionally, As provided under the federal Fair Labor Standards 470
700	700	Act, pursuant to s. 11 of the Portal -to-Portal Act of 1947, 29 471
701	701	U.S.C. s. 260, if the employer proves by a preponderance of the 472
702	702	evidence that the act or omission giving rise to such action was 473
703	703	in good faith and that the employer had reasonable grounds for 474
704	704	believing that his or her act or omission was not a violation of 475
705	705
706	706	HB 137 2023
707	707
708	708
709	709
710	710	CODING: Words stricken are deletions; words underlined are additions.
711	711	hb0137-00
712	712	Page 20 of 29
713	713	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714	714
715	715
716	716
717	717	s. 24, Art. X of the State Constitution, the court may, in its 476
718	718	sound discretion, award no liquidated damages or award any 477
719	719	amount thereof not to exceed an amount equal to the amount of 478
720	720	unpaid minimum wages. The court shall not award any economic 479
721	721	damages on a claim for unpaid minimum wages not expressly 480
722	722	authorized in this section. 481
723	723	2. Upon prevailing in an action brought pursuant to thi s 482
724	724	section, aggrieved persons are shall also be entitled to such 483
725	725	legal or equitable relief as may be appropriate to remedy the 484
726	726	violation, including, without limitation, reinstatement in 485
727	727	employment and injunctive relief. However, any entitlement to 486
728	728	legal or equitable relief in an action brought under s. 24, Art. 487
729	729	X of the State Constitution or this section may shall not 488
730	730	include punitive damages. 489
731	731	(b) If an employer is found to have willfully violated 490
732	732	this section, the department, administrative law judge, or court 491
733	733	may impose a fine of $1,000 per violatio n payable to the state. 492
734	734	(c) Any employer or other person found to have hindered, 493
735	735	prevented, impeded, or interfered with the department or 494
736	736	administrative hearing body in the performance of their duties 495
737	737	is subject to a civil penalty of not less than $1,000 and not 496
738	738	more than $5,000, which may be assessed by the department, 497
739	739	administrative law judge, or court. 498
740	740	(d) If the department, administrative law judge, or court 499
741	741	finds that an employer took adverse action or retaliated against 500
742	742
743	743	HB 137 2023
744	744
745	745
746	746
747	747	CODING: Words stricken are deletions; words underlined are additions.
748	748	hb0137-00
749	749	Page 21 of 29
750	750	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751	751
752	752
753	753
754	754	an employee in violation of subsection (6): 501
755	755	1. The department, administrative law judge, or court may 502
756	756	order reinstatement of the aggrieved party, front pay in lieu of 503
757	757	reinstatement, backpay, liquidated damages up to two times the 504
758	758	amount of the unpaid wages, and other compensatory damages as 505
759	759	appropriate. 506
760	760	2. The department, administrative law judge, or court may 507
761	761	impose an administrative penalty not to exceed $5,000 payable to 508
762	762	the aggrieved party. 509
763	763	(e)(d) Any civil action brought under s. 24, Art. X of the 510
764	764	State Constitution and th is section is shall be subject to s. 511
765	765	768.79. 512
766	766	(7) The Attorney General may bring a civil action to 513
767	767	enforce this section. The Attorney General may seek injunctive 514
768	768	relief. In addition to injunctive relief, or in lieu thereof, 515
769	769	for any employer or other person found to have willfully 516
770	770	violated this section, the Attorney General may seek to impose a 517
771	771	fine of $1,000 per violation, payable to the state. 518
772	772	(14)(8) The statute of limitations for an action brought 519
773	773	under pursuant to this section is shall be for the period of 520
774	774	time specified in s. 95.11 beginning on the date the alleged 521
775	775	violation occurred. The statute of limitations applicable to an 522
776	776	action under this section is tolled during the department's 523
777	777	investigation and any administrative enforcement under this 524
778	778	section. 525
779	779
780	780	HB 137 2023
781	781
782	782
783	783
784	784	CODING: Words stricken are deletions; words underlined are additions.
785	785	hb0137-00
786	786	Page 22 of 29
787	787	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788	788
789	789
790	790
791	791	(15)(9) Actions brought under pursuant to this section may 526
792	792	be brought as a class action pursuant to Rule 1.220, Florida 527
793	793	Rules of Civil Procedure. In any class action brought under 528
794	794	pursuant to this section, the plaintiffs must shall prove, by a 529
795	795	preponderance of the evidence, the individual identity of each 530
796	796	class member and the individual damages of each class member. 531
797	797	(16)(10) This section is shall constitute the exclusive 532
798	798	remedy under state law for violations of s. 24, Art. X of the 533
799	799	State Constitution. 534
800	800	(17) The department shall make reasonable efforts to 535
801	801	ensure that judgments against an employer are satisfied and may 536
802	802	use any remedy that is available to a judgment creditor to 537
803	803	collect an unsatisfied judgment. The department may collect 538
804	804	wages, damages, and other monetary remedies on behalf of an 539
805	805	employee. The department acts as the trustee of any unsatisfied 540
806	806	judgment it collects and shall deposit such wages, damages, or 541
807	807	other monetary remedy in the appropriate fund as provided by 542
808	808	rule. The department shall conduct a diligent search for any 543
809	809	employee for whom it collects an unsatisfied judgment. 544
810	810	(18)(a) Beginning on the 20th day after a judgment is 545
811	811	entered by the clerk of the court under paragraph (12)(d) or 546
812	812	otherwise by a court of competent jurisd iction in favor of the 547
813	813	state or aggrieved party, the department may issue a notice of 548
814	814	levy on all persons having in their possession or under their 549
815	815	control any credits, money, or property belonging to the 550
816	816
817	817	HB 137 2023
818	818
819	819
820	820
821	821	CODING: Words stricken are deletions; words underlined are additions.
822	822	hb0137-00
823	823	Page 23 of 29
824	824	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825	825
826	826
827	827
828	828	judgment debtor. If the levy is made on credits, mo ney, or 551
829	829	property in the possession or under the control of a bank, 552
830	830	savings and loan association, or other financial institution as 553
831	831	defined in 42 U.S.C. s. 669a(d)(1), the notice of levy may be 554
832	832	mailed or hand-delivered to a centralized location designated b y 555
833	833	the bank, savings and loan association, or other financial 556
834	834	institution. 557
835	835	(b) Any person who receives a notice of levy shall 558
836	836	surrender the credits, money, or property to the department or 559
837	837	pay to the department the amount of any debt owed within 10 days 560
838	838	after service of the levy. Any person who surrenders to the 561
839	839	department any credits, money, or property of the judgment 562
840	840	debtor is discharged from any obligation or liability to the 563
841	841	judgment debtor relating to the amount paid to the department. 564
842	842	(c) Any person who receives a notice of levy from the 565
843	843	department and fails or refuses to surrender any credits, money, 566
844	844	or property of the judgment debtor is liable to the department 567
845	845	for the amount specified in the notice of levy. 568
846	846	(d) Any fees, commissions, expenses, or costs associated 569
847	847	with the sale of property levied under this subsection are the 570
848	848	obligation of the judgment debtor and may be collected by virtue 571
849	849	of the levy or in any other manner as though the fees, 572
850	850	commissions, expenses, or costs were part of the jud gment. 573
851	851	(e) The department may create a lien on any real or 574
852	852	personal property of an employer found in violation of s. 24, 575
853	853
854	854	HB 137 2023
855	855
856	856
857	857
858	858	CODING: Words stricken are deletions; words underlined are additions.
859	859	hb0137-00
860	860	Page 24 of 29
861	861	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862	862
863	863
864	864
865	865	Art. X of the State Constitution or this section. The department 576
866	866	must release the lien upon final satisfaction of any judgment 577
867	867	entered in favor of an aggrieved party or the department, or 578
868	868	upon adjudication of the claim in favor of the employer. A lien 579
869	869	created under this paragraph lasts 10 years after the date it is 580
870	870	created unless the lien is satisfied or released. A lien created 581
871	871	under this paragraph is in addition to any other rights 582
872	872	available to an aggrieved party or the department. 583
873	873	(19)(a) If a citation issued by the department, written 584
874	874	decision and order issued by an administrative law judge, or 585
875	875	final judgment awarded under this sec tion remains unsatisfied 30 586
876	876	days after all reviews and appeals have been exhausted or the 587
877	877	time to request a review or file an appeal has expired, the 588
878	878	department may issue a stop -order prohibiting the employer from 589
879	879	conducting business in the state using emp loyee labor, including 590
880	880	conducting business using the labor of another business, 591
881	881	contractor, or subcontractor instead of the labor of an 592
882	882	employee, until the judgment is satisfied. The stop -order is 593
883	883	effective upon receipt of the order and the employer must p ay 594
884	884	employees up to 10 days of lost wages due to the stop -order. 595
885	885	(b) An employer may appeal the stop -order by filing, 596
886	886	within 20 days after receipt of the stop -order, a written 597
887	887	request with the department for an administrative hearing. The 598
888	888	hearing must be held within 5 days after receipt of the written 599
889	889	request, at which time the stop -order must be affirmed or 600
890	890
891	891	HB 137 2023
892	892
893	893
894	894
895	895	CODING: Words stricken are deletions; words underlined are additions.
896	896	hb0137-00
897	897	Page 25 of 29
898	898	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
899	899
900	900
901	901
902	902	dismissed and the department shall mail a written notice of 601
903	903	findings by United States mail to all parties within 24 hours 602
904	904	after the conclusion of the hearing. A party may appeal the 603
905	905	written notice of findings to a court of competent jurisdiction 604
906	906	within 45 days after the notice is mailed. The department may 605
907	907	seek injunctive or other appropriate relief to enforce the stop -606
908	908	order and is entitled to attorney fees and costs if the 607
909	909	department prevails. 608
910	910	(c) An employer, owner, director, officer, or managing 609
911	911	agent of an employer who fails to comply with a stop -order 610
912	912	issued under this subsection is guilty of a misdemeanor of the 611
913	913	second degree, punishable as provi ded in s. 775.082 or s. 612
914	914	775.083. 613
915	915	(d) This subsection does not apply if the stop -order would 614
916	916	compromise public safety or the life, health, and care of a 615
917	917	vulnerable person as defined in s. 435.02. 616
918	918	(20) If a citation issued by the department, written 617
919	919	decision and order issued by an administrative law judge, or 618
920	920	final judgment awarded under this section remains unsatisfied 30 619
921	921	days after all reviews or appeals have been exhausted or the 620
922	922	time to request a review or file an appeal has expired, the 621
923	923	department may request that the appropriate state agency, and 622
924	924	the state agency is authorized to, deny, suspend, or revoke any 623
925	925	license held by the employer until such time as the judgment is 624
926	926	satisfied. 625
927	927
928	928	HB 137 2023
929	929
930	930
931	931
932	932	CODING: Words stricken are deletions; words underlined are additions.
933	933	hb0137-00
934	934	Page 26 of 29
935	935	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
936	936
937	937
938	938
939	939	(21) Any person acting on behalf of an employer may be 626
940	940	held liable as the employer for a violation of s. 24, Art. X of 627
941	941	the State Constitution or this section. A client employer is 628
942	942	jointly and severally liable with a labor contractor for the 629
943	943	payment of unpaid wages, interest, liquidated damages, fines, or 630
944	944	penalties awarded under this section. 631
945	945	(22) All employers, client employers, and labor 632
946	946	contractors shall create records documenting compliance with s. 633
947	947	24, Art. X of the State Constitution and this section in 634
948	948	accordance with department rules. Records must be maintained fo r 635
949	949	a minimum of 5 years after an employee leaves the employment of 636
950	950	the employer or client employer, or is no longer working with a 637
951	951	labor contractor. An employer, client employer, or labor 638
952	952	contractor must allow the department reasonable access to the 639
953	953	records when requested. If an employee, or other authorized 640
954	954	person or entity, alleges a violation of s. 24, Art. X of the 641
955	955	State Constitution or this section and the employer, client 642
956	956	employer, or labor contractor has not created and maintained 643
957	957	records as required under this subsection, there is a rebuttable 644
958	958	presumption that the employer, client employer, or labor 645
959	959	contractor is in violation of the law. The employer, client 646
960	960	employer, or labor contractor can overcome this presumption with 647
961	961	clear and convincing evidence . 648
962	962	(23) The department may enter into agreements with local, 649
963	963	state, or federal agencies to assist in the administration and 650
964	964
965	965	HB 137 2023
966	966
967	967
968	968
969	969	CODING: Words stricken are deletions; words underlined are additions.
970	970	hb0137-00
971	971	Page 27 of 29
972	972	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
973	973
974	974
975	975
976	976	enforcement of this section. 651
977	977	(24) Subject to appropriation of funds by the Legislature, 652
978	978	the department shall establish and mainta in an outreach and 653
979	979	education partnership program to promote awareness of, and 654
980	980	compliance with, s. 24, Art. X of the State Constitution and 655
981	981	this section. The department shall pursue partnerships with 656
982	982	community-based organizations and unions through a compet itive 657
983	983	request for proposals. Duties of the outreach and education 658
984	984	partnership program may include: 659
985	985	(a) Disseminating information and conducting outreach and 660
986	986	training to educate employees about their rights. 661
987	987	(b) Conducting educational training for emplo yers about 662
988	988	their obligations. 663
989	989	(c) Assisting employees with filing a claim for a 664
990	990	violation under s. 24, Art. X of the State Constitution or this 665
991	991	section. 666
992	992	(d) Assisting the department in conducting investigations 667
993	993	under this section, including the collection of evidence and 668
994	994	enforcement of a judgment. 669
995	995	(e) Monitoring compliance with s. 24, Art. X of the State 670
996	996	Constitution and this section. 671
997	997	(f) Establishing networks for education, communication, 672
998	998	and participation in the workplace and community. 673
999	999	(g) Producing and disseminating training materials to 674
1000	1000	employers and employees. 675
1001	1001
1002	1002	HB 137 2023
1003	1003
1004	1004
1005	1005
1006	1006	CODING: Words stricken are deletions; words underlined are additions.
1007	1007	hb0137-00
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1009	1009	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1010	1010
1011	1011
1012	1012
1013	1013	(25)(11) Except for calculating the adjusted state minimum 676
1014	1014	wage and publishing the initial state minimum wage and any 677
1015	1015	annual adjustments thereto, the authority of the departmen t of 678
1016	1016	Economic Opportunity in implementing s. 24, Art. X of the State 679
1017	1017	Constitution, pursuant to this section, is shall be limited to 680
1018	1018	that authority expressly granted by the Legislature. 681
1019	1019	Section 4. Section 448.111, Florida Statutes, is created 682
1020	1020	to read: 683
1021	1021	448.111 Department of Labor Community Advisory Board. —The 684
1022	1022	Department of Labor Community Advisory Board is established 685
1023	1023	within the Department of Labor. 686
1024	1024	(1) The advisory board shall consist of the following 687
1025	1025	members who must be approved by the Secretary of the Department 688
1026	1026	of Labor: 689
1027	1027	(a) A representative from the Department of Labor. 690
1028	1028	(b) A representative from the Department of Economic 691
1029	1029	Opportunity. 692
1030	1030	(c) A representative from the Department of Education. 693
1031	1031	(d) A representative from the Florida Chamber of Co mmerce. 694
1032	1032	(e) A representative from a small business as defined in 695
1033	1033	s. 288.703. 696
1034	1034	(f) Four representatives from labor organizations as 697
1035	1035	defined in s. 447.02(1) throughout the state. 698
1036	1036	(2) Members of the advisory board shall be appointed for 699
1037	1037	2-year terms, which shall be staggered. 700
1038	1038
1039	1039	HB 137 2023
1040	1040
1041	1041
1042	1042
1043	1043	CODING: Words stricken are deletions; words underlined are additions.
1044	1044	hb0137-00
1045	1045	Page 29 of 29
1046	1046	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1047	1047
1048	1048
1049	1049
1050	1050	(3) Members of the advisory board shall serve without 701
1051	1051	compensation and are not entitled to receive reimbursement for 702
1052	1052	per diem or travel expenses. 703
1053	1053	(4) The advisory board shall meet at least three times a 704
1054	1054	year in order to review re ports and projects of the Department 705
1055	1055	of Labor. Meetings of the advisory board must be open to the 706
1056	1056	public and provide the opportunity for public comment. 707
1057	1057	(5) The advisory board shall submit an annual report to 708
1058	1058	the Secretary of the Department of Labor reco mmending changes to 709
1059	1059	existing state policies and programs to ensure worker safety and 710
1060	1060	equity, with particular emphasis on racial equity and low -wage 711
1061	1061	and migrant workers. 712
1062	1062	(6) By January 1, 2024, and annually thereafter, the 713
1063	1063	Secretary of the Department of L abor shall submit the annual 714
1064	1064	report to the Governor, the President of the Senate, and the 715
1065	1065	Speaker of the House of Representatives. 716
1066	1066	Section 5. This act shall take effect July 1, 2023. 717