HB 425 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0425-00
Page 1 of 29
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
A bill to be entitled 1
An act relating to the Department of Labor; creating 2
s. 20.71, F.S.; creating the Department of Labor as a 3
new department of state government; providing for the 4
secretary of the department to be appointed by the 5
Governor and confirmed by the Senate; author izing the 6
secretary to establish divisions and regional offices 7
of the department; providing the purpose of the 8
department; authorizing the department to adopt rules; 9
amending s. 448.109, F.S.; revising requirements for 10
notifying employees of certain right s; conforming 11
provisions to changes made by the act; amending s. 12
448.110, F.S.; designating the Department of Labor as 13
the state Agency for Workforce Innovation for purposes 14
of implementing s. 24, Art. X of the State 15
Constitution; providing definitions; re vising the 16
protected rights of an employee; creating a rebuttable 17
presumption and burden of proof for an employer; 18
revising the process for filing a complaint for a 19
violation of protected rights; prohibiting a person or 20
entity from entering into certain co ntracts; 21
authorizing and providing the department certain 22
powers to conduct investigations, issue citations, 23
enforce and collect judgments by certain means, and 24
partner with other entities for enforcement and 25
HB 425 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0425-00
Page 2 of 29
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
education outreach; providing for injunctive re lief 26
under certain circumstances; providing a process for 27
review of a citation, levy, or stop -order issued by 28
the department; providing penalties; tolling the 29
statute of limitations during an investigation; 30
providing liability; requiring certain records be 31
maintained for a specified length of time; creating s. 32
448.111, F.S.; creating the Department of Labor 33
Community Advisory Board within the Department of 34
Labor; providing for membership, meetings, and duties 35
of the advisory board; requiring an annual repor t to 36
the Secretary of the Department of Labor, the 37
Governor, and the Legislature by a specified date; 38
providing an effective date. 39
40
Be It Enacted by the Legislature of the State of Florida: 41
42
Section 1. Section 20.71, Florida Statutes, is created to 43
read: 44
20.71 Department of Labor; creation; powers and duties. — 45
(1) There is created the Department of Labor. 46
(2) The head of the department is the Secretary of Labor, 47
who shall be appointed by the Governor, subject to confirmation 48
by the Senate. The secretary shall serve at the pleasure of and 49
report to the Governor. 50
HB 425 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0425-00
Page 3 of 29
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
(3) The secretary may create divisions within the 51
department and allocate various functions of the department 52
among such divisions. 53
(4)(a) The headquarters of the department shall be located 54
in Tallahassee. However, the department may establish regional 55
offices throughout the state as the secretary deems necessary 56
for the efficient operation of the department in accomplishing 57
its purpose. 58
(b) The purpose of the department is to enfo rce s. 24, 59
Art. X of the State Constitution, s. 448.110, and any other law 60
that the department has enforcement authority over as designated 61
by the Legislature. 62
(5) The department may adopt rules as necessary to carry 63
out the functions and purposes of the department. 64
Section 2. Paragraph (a) of subsection (3) of section 65
448.109, Florida Statutes, is amended to read: 66
448.109 Notification of the state minimum wage. — 67
(3)(a) Each year the Department of Labor Department of 68
Economic Opportunity shall, on or before December 1, create and 69
make available to employers a poster in English , and in Spanish, 70
and any other languages, as necessary. The poster must give 71
notice of all of the following: 72
1. The right to the minimum wage as provided by s. 24, 73
Art. X of the State Constitution and s. 448.110. 74
2. The right to be protected from retaliation for 75
HB 425 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0425-00
Page 4 of 29
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
exercising in good faith any right protected under s. 24, Art. X 76
of the State Constitution and s. 448.110. 77
3. The right to file a complaint with the Department of 78
Labor or bring a civil action in a court of competent 79
jurisdiction for a violation of s. 24, Art. X of the State 80
Constitution or s. 448.110. which reads substantially as 81
follows: 82
NOTICE TO EMPLOYEES 83
The Florida minimum wage is $ ...(amount)... per hour, with a 84
minimum wage of at least $ ...(amount)... per hour for tipped 85
employees, in addition to tips, for January 1, ...(year)..., 86
through December 31, ...(year).... 87
The rate of the minimum wage is recalculated yearly on September 88
30, based on the Consumer Price Index. Every year on January 1 89
the new Florida minimum wage takes effect. 90
An employer may not retaliate against an employee for exercising 91
his or her right to receive the minimum wage. Rights protected 92
by the State Constitution include the right to: 93
1. File a complaint about an employer's alleged 94
noncompliance with lawful minimum wage requirements. 95
2. Inform any person about an employer's alleged 96
noncompliance with lawful minimum wage requirements. 97
3. Inform any person of his or her potential r ights under 98
Section 24, Article X of the State Constitution and to 99
assist him or her in asserting such rights. 100
HB 425 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0425-00
Page 5 of 29
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
An employee who has not received the lawful minimum wage after 101
notifying his or her employer and giving the employer 15 days to 102
resolve any claims for unpaid wages may bring a civil action in 103
a court of law against an employer to recover back wages plus 104
damages and attorney's fees. 105
An employer found liable for intentionally violating minimum 106
wage requirements is subject to a fine of $1,000 per viol ation, 107
payable to the state. 108
The Attorney General or other official designated by the 109
Legislature may bring a civil action to enforce the minimum 110
wage. 111
For details see Section 24, Article X of the State Constitution. 112
Section 3. Section 448.110, Florida Statutes, is amended 113
to read: 114
448.110 State minimum wage; annual wage adjustment; 115
enforcement.— 116
(1) This section may be cited as the "Florida Minimum Wage 117
Act." 118
(2) The purpose of this section is to provide measures 119
appropriate for the implementatio n of s. 24, Art. X of the State 120
Constitution, in accordance with authority granted to the 121
Legislature under pursuant to s. 24(f), Art. X of the State 122
Constitution. To implement s. 24, Art. X of the State 123
Constitution, the Department of Labor Department of Economic 124
Opportunity is designated as the state Agency for Workforce 125
HB 425 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0425-00
Page 6 of 29
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
Innovation. 126
(3) As used in this section, the term: 127
(a) "Adverse action" means the discharge, suspension, 128
transfer, or demotion of an employee; the withholding of wage, 129
bonuses, benefits, or workable hours; filing, or threatening to 130
file, a false report with a government agency or engaging in 131
unfair immigration-related practices; or any other adverse 132
action taken against an employee within the terms and conditions 133
of employment by an em ployer. 134
(b) "Client employer" means a business entity, regardless 135
of its form, that obtains or is provided employees to perform 136
labor within its usual course of business from a labor 137
contractor. The term does not include: 138
1. A business entity with a wo rkforce of 25 or fewer 139
employees, including those hired directly by the client employer 140
and those obtained from or provided by a labor contractor. 141
2. A business entity with a workforce of five or fewer 142
employees supplied by a labor contractor to the clie nt employer 143
at any given time. 144
3. The state or a political subdivision of the state. 145
(c) "Department" means the Department of Labor. 146
(d) "Employee" has the same meaning as established under 147
the federal Fair Labor Standards Act and its implementing 148
regulations in effect on July 1, 2024. 149
(e) "Employer" has the same meaning as established under 150
HB 425 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0425-00
Page 7 of 29
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
the federal Fair Labor Standards Act and its implementing 151
regulations in effect on July 1, 2024. 152
(f) "Judgment debtor" means each person who is liable on a 153
judgment or order to pay a sum of money that remains 154
unsatisfied. 155
(g) "Labor contractor" means a person or entity that 156
supplies, with or without a contract, a client employer with 157
employees to perform labor within the client employer's usual 158
course of business. The term does not include a bona fide 159
nonprofit, community -based organization that provides services 160
to employees or a labor organization or apprenticeship program 161
operating under a collective bargaining agreement. 162
(h) "Secretary" means the secre tary of the department. 163
(i) "Usual course of business" means the regular and 164
customary work of a business performed within or upon the 165
premises or worksite of the client employer. 166
(4)(3) Employers shall pay employees a minimum wage at an 167
hourly rate of $6.15 for all hours worked in Florida. Only those 168
individuals entitled to receive the federal minimum wage under 169
the federal Fair Labor Standards Act, as amended, and its 170
implementing regulations shall be eligible to receive the state 171
minimum wage under pursuant to s. 24, Art. X of the State 172
Constitution and this section. Sections 213 and 214 The 173
provisions of ss. 213 and 214 of the federal Fair Labor 174
Standards Act, as interpreted by applicable federal regulations 175
HB 425 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0425-00
Page 8 of 29
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
and implemented by the Secretary of Labor, are incorporated 176
herein. 177
(5)(a)(4)(a) Beginning September 30, 2005, and annually on 178
September 30 thereafter, the department of Economic Opportunity 179
shall calculate an adjusted state minimum wage rate by 180
increasing the state minimum wage by the rate of i nflation for 181
the 12 months prior to September 1. In calculating the adjusted 182
state minimum wage, the department of Economic Opportunity shall 183
use the Consumer Price Index for Urban Wage Earners and Clerical 184
Workers, not seasonally adjusted, for the South R egion or a 185
successor index as calculated by the United States Department of 186
Labor. Each adjusted state minimum wage rate shall take effect 187
on the following January 1, with the initial adjusted minimum 188
wage rate to take effect on January 1, 2006. 189
(b) The Department of Revenue and the department of 190
Economic Opportunity shall annually publish the amount of the 191
adjusted state minimum wage and the effective date. Publication 192
shall occur by posting the adjusted state minimum wage rate and 193
the effective date on the Internet home pages of the department 194
of Economic Opportunity and the Department of Revenue by October 195
15 of each year. In addition, to the extent funded in the 196
General Appropriations Act, the department of Economic 197
Opportunity shall provide written no tice of the adjusted rate 198
and the effective date of the adjusted state minimum wage to all 199
employers registered in the most current reemployment assistance 200
HB 425 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0425-00
Page 9 of 29
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
database. Such notice shall be mailed by November 15 of each 201
year using the addresses included in th e database. Employers are 202
responsible for maintaining current address information in the 203
reemployment assistance database. The department of Economic 204
Opportunity is not responsible for failure to provide notice due 205
to incorrect or incomplete address inform ation in the database. 206
The department of Economic Opportunity shall provide the 207
Department of Revenue with the adjusted state minimum wage rate 208
information and effective date in a timely manner. 209
(6)(a)(5) It is shall be unlawful for an employer or any 210
other party to discriminate in any manner or take adverse action 211
against any person in retaliation for exercising rights 212
protected under pursuant to s. 24, Art. X of the State 213
Constitution or this section. 214
(b) Rights protected under s. 24, Art. X of the St ate 215
Constitution and this section include, but are not limited to :, 216
1. The right to file a complaint or inform any person of 217
his or her potential rights under pursuant to s. 24, Art. X of 218
the State Constitution or this section and to assist him or her 219
in asserting such rights. 220
2. The right to inform a person's employer, union or other 221
similar organization, legal counsel, or any other person about 222
an alleged violation of s. 24, Art. X of the State Constitution 223
or this section. 224
3. The right to file a co mplaint with the department or 225
HB 425 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0425-00
Page 10 of 29
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
file a civil action in a court of competent jurisdiction for an 226
alleged violation of s. 24, Art. X of the State Constitution or 227
this section. 228
4. The right to cooperate with any investigation conducted 229
under this section and to testify in any proceeding or action 230
brought under this section. 231
5. The right to refuse to participate in an activity that 232
violates city, state, or federal law. 233
6. The right to oppose any policy, practice, or act that 234
violates s. 24, Art. X of the S tate Constitution or this 235
section. 236
(c) There is a rebuttable presumption that an employer has 237
violated s. 24, Art. X of the State Constitution or this section 238
if the employer takes adverse action against an employee within 239
90 days after the employee exer cises a right under paragraph 240
(b). If an employee is a seasonal worker and his or her work 241
ended before the end of the 90 -day period, the rebuttable 242
presumption applies if the employer fails to rehire the seasonal 243
worker in the same position at the next op portunity. The 244
rebuttable presumption may be overcome by clear and convincing 245
evidence. 246
(d) The protections provided under this section apply to 247
any employee who alleges a violation of s. 24, Art. X of the 248
State Constitution or this section in good faith . Any complaint 249
or other communication by an employee alleging a violation of s. 250
HB 425 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0425-00
Page 11 of 29
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
24, Art. X of the State Constitution or this section triggers 251
the protections under this section even if the complaint or 252
communication does not specifically reference this se ction. 253
(e) An employee who believes he or she has been 254
discriminated or retaliated against for exercising a right under 255
s. 24, Art. X of the State Constitution or this section may file 256
a complaint with the department or a civil action in a court of 257
competent jurisdiction within 4 years after the alleged 258
violation or, in the case of a willful violation, within 5 years 259
after the alleged violation. 260
(7) An employer has the burden of proving that a person is 261
an independent contractor and not an employee. A p erson who 262
receives remuneration for services provided is considered an 263
employee unless the employer proves: 264
(a) The person is free from control or direction by the 265
employer over the performance of such service. 266
(b) The service provided by the person is outside the 267
usual course of business of the employer. 268
(c) The person is customarily engaged in an independently 269
established trade, occupation, profession, or business. 270
(8) A person or entity may not enter into a contract or 271
agreement with an independent contractor for labor or services 272
if the person or entity knows or should know that the contract 273
or agreement does not include funds sufficient to allow the 274
independent contractor to comply with all applicable local, 275
HB 425 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0425-00
Page 12 of 29
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
state, and federal laws or regulations governing the labor or 276
services to be provided. 277
(9)(a) The department may commence investigations, 278
actions, and proceedings necessary to enforce this section. The 279
department has the sole discretion whether to investigate an 280
employer to determine if a violation of this section has 281
occurred. 282
(b) In order to encourage a person or organization to 283
report a suspected violation of this section, the department: 284
1. Must keep the name and other identifying information 285
about the reporter confidential to the extent permitted by law. 286
The department may disclose the reporter's name or 287
identification with the written consent of the reporter. 288
2. Must provide a notice form to an emp loyer being 289
investigated, which must be posted in a conspicuous and 290
accessible location at the workplace, notifying the employees 291
that the department is conducting an investigation under this 292
section. The notice form must be in English and any other 293
language that is the primary language of a majority of the 294
employees in the workplace. If display of the notice form is not 295
feasible, the employer must provide it to each employee through 296
electronic means and also provide each employee a physical copy 297
of the notice form. 298
3. May certify the eligibility of a person for a visa 299
under 8 U.S.C. s. 1184(p) and 8 U.S.C. s. 1101(a)(15)(U), 300
HB 425 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0425-00
Page 13 of 29
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
subject to applicable federal law and regulations, and other 301
rules issued by the department. 302
(10)(a) During an investigation under this section, the 303
department has the power to: 304
1. Enter and inspect the workplace. 305
2. Inspect and make copies of papers, books, accounts, 306
records, payroll, and other documents necessary to further its 307
investigation. 308
3. Question witnesses under oath and in a private 309
location. 310
4. Issue subpoenas to compel the attendance and testimony 311
of witnesses and the production of papers, books, accounts, 312
records, payroll, and other documents necessary to further its 313
investigation. 314
5. Take depositions and affid avits. 315
6. Investigate any facts, conditions, practices, or 316
matters as the department deems appropriate to determine whether 317
a violation of this section has occurred. 318
(b) If an employer fails to comply with a lawfully issued 319
subpoena or if a witness ref uses to testify or be questioned, 320
the department may request that the court compel compliance by 321
initiating a proceeding for contempt. The court shall take 322
judicial notice under s. 90.202(13) of the department's seal, 323
"Department of Labor -State of Florida," and shall enforce any 324
subpoena issued by the secretary or his or her representative 325
HB 425 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0425-00
Page 14 of 29
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
under such seal. 326
(c) During an administrative or civil proceeding under 327
this section, an employer may not introduce any documentation as 328
evidence that was not provided to the department. 329
(11)(a) During the course of an investigation under this 330
section, the department or the Attorney General may seek 331
injunctive relief upon a finding of reasonable cause that a 332
violation has occurred. 333
(b) When determining whether injunc tive relief is 334
appropriate, the court shall consider any direct harm to an 335
employee from a violation of this section and the chilling 336
effect on other employees attempting to assert their rights 337
under this section. Reasonable cause exists for a court to iss ue 338
an injunction if an employee has faced adverse action for 339
asserting his or her rights under this section. 340
(c) A temporary injunction remains in effect until the 341
department issues a citation to the employer or until the 342
completion of an administrative hearing, whichever is longer, or 343
until a time certain set by the court. A temporary injunction 344
does not prohibit an employer from taking adverse action against 345
an employee for conduct unrelated to an alleged violation of 346
this section. 347
(d) The court may i ssue a preliminary or permanent 348
injunction if it determines such injunction is just and proper. 349
(12)(a) If a violation of this section is found during an 350
HB 425 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0425-00
Page 15 of 29
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
investigation and the violation has not been remedied by the end 351
of the investigation, the departmen t must issue a citation to 352
the employer. The citation must be in writing and describe the 353
nature of the violation and include any and all appropriate 354
relief. Appropriate relief includes requiring an employer to 355
cease and desist; to take any action necessar y to remedy the 356
violation, such as rehiring or reinstating an employee, 357
reimbursing lost wages, or paying liquidated damages or other 358
fines and penalties; to take training classes relating to 359
compliance with this section; or to submit to compliance 360
monitoring by the department. The department shall serve the 361
citation in a manner provided by the Florida Rules of Civil 362
Procedure. The citation must advise the employer of his or her 363
right to an administrative hearing to have the citation 364
reviewed. 365
(b) Within 30 days after service of a citation, an 366
employer must comply with all appropriate relief specified in 367
the citation or may obtain review of the citation by providing a 368
written request for review to the office of the secretary. Upon 369
receipt of a written requ est for review, the secretary shall 370
assign the citation to an administrative law judge to conduct a 371
hearing and issue a written decision. Hearings conducted under 372
this subsection are governed by the department and the rules of 373
practice and procedure adopte d by the department. 374
(c) An administrative hearing must commence within 90 days 375
HB 425 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0425-00
Page 16 of 29
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
after receipt of a timely submitted request for review. The 376
administrative law judge must render a written decision within 377
90 days after the conclusion of the hearing. The de cision must 378
include a statement of findings, conclusions of law, and a 379
recommended order that specifies all appropriate relief as 380
authorized under paragraph (a), including the amount required 381
for an appeal bond should the employer choose to obtain review 382
of the order issued under this paragraph. The decision must be 383
served on all parties in a manner provided by the Florida Rules 384
of Civil Procedure. If the recommended order includes a monetary 385
remedy, the amount is due 45 days after the written decision is 386
properly served on the employer. 387
(d)1. An employer may obtain review of the written 388
decision and order issued under paragraph (c) by filing a 389
petition for a writ of mandamus to a court having jurisdiction 390
within 45 days after the written decision is prope rly served on 391
the employer. If a petition for a writ of mandamus is not filed 392
within the appropriate time, the recommended order in the 393
written decision becomes final. 394
2. Before an employer may obtain review of the decision, 395
he or she must post an appeal bond, in the amount specified in 396
the recommended order, issued by a licensed surety or as a cash 397
deposit with the court. The employer shall provide written 398
notice to the department and any other parties of the posting of 399
the appeal bond. 400
HB 425 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0425-00
Page 17 of 29
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
3. A court may overturn a decision based on abuse of 401
discretion. An employer establishes an abuse of discretion if he 402
or she alleges that the findings are not supported by the 403
evidence and the court determines that the findings are not 404
supported by substantial evidence w hen looking at the entire 405
record. 406
4. If the court issues an order in favor of the aggrieved 407
party or if the appeal is withdrawn or dismissed without entry 408
of judgment, the employer is liable for the relief specified in 409
the written decision from the admin istrative hearing, unless the 410
parties execute a settlement agreement, in which case the 411
employer is liable for the relief specified in the settlement 412
agreement. If the written decision from the administrative 413
hearing or the settlement agreement provide for monetary relief, 414
and the employer fails to pay the amount owed within 10 days 415
after entry of a judgment, dismissal or withdrawal of the 416
appeal, or the execution of a settlement agreement, a portion of 417
the appeal bond equal to the amount owed, or the entir e appeal 418
bond if the amount owed exceeds the amount of the bond, must be 419
paid to the aggrieved party. 420
5. If the employer does not request review of the citation 421
under paragraph (b), file a writ of mandamus under subparagraph 422
1., or post the appeal bond a s required in subparagraph 2., and 423
the time to do so has expired, or if the petition for a writ of 424
mandamus is dismissed or withdrawn without entry of judgment, 425
HB 425 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0425-00
Page 18 of 29
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
the clerk of the court must certify a copy of the citation or 426
written decision and order issued by the department or by the 427
administrative law judge, respectively, and enter judgment for 428
the state or aggrieved party. The judgment has the same force 429
and effect as a judgment entered in a civil action and may be 430
enforced in the same manner as any other judgment of the court. 431
The court shall give priority to petitions to enforce a judgment 432
entered under this section. 433
6. If an employer fails to comply with a citation or final 434
order, whether issued by the department, administrative law 435
judge, or court, and has exhausted all reviews or appeals or the 436
time to file a review or appeal has expired, the department or 437
the Attorney General may commence and prosecute a civil action 438
to recover unpaid wages, including interest, fines, or 439
penalties; equitable relief; or liquidated damages owed to an 440
aggrieved person. The prevailing party is entitled to applicable 441
fines or civil penalties and reasonable attorney fees and costs. 442
(6)(a) Any person aggrieved by a violation of this section 443
may bring a civil action in a c ourt of competent jurisdiction 444
against an employer violating this section or a party violating 445
subsection (5). However, prior to bringing any claim for unpaid 446
minimum wages pursuant to this section, the person aggrieved 447
shall notify the employer alleged to have violated this section, 448
in writing, of an intent to initiate such an action. The notice 449
must identify the minimum wage to which the person aggrieved 450
HB 425 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0425-00
Page 19 of 29
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
claims entitlement, the actual or estimated work dates and hours 451
for which payment is sought, and the total amount of alleged 452
unpaid wages through the date of the notice. 453
(b) The employer shall have 15 calendar days after receipt 454
of the notice to pay the total amount of unpaid wages or 455
otherwise resolve the claim to the satisfaction of the person 456
aggrieved. The statute of limitations for bringing an action 457
pursuant to this section shall be tolled during this 15 -day 458
period. If the employer fails to pay the total amount of unpaid 459
wages or otherwise resolve the claim to the satisfaction of the 460
person aggrieved, then the person aggrieved may bring a claim 461
for unpaid minimum wages, the terms of which must be consistent 462
with the contents of the notice. 463
(13)(a)(c)1. Upon prevailing in a civil an action brought 464
under paragraph (6)(e) pursuant to this section , aggrieved 465
persons shall recover the full amount of any unpaid back wages , 466
plus interest, unlawfully withheld plus up to two times the 467
unpaid wages the same amount as liquidated damages and shall be 468
awarded reasonable attorney attorney's fees and costs. 469
Additionally, As provided under the federal Fair Labor Standards 470
Act, pursuant to s. 11 of the Portal -to-Portal Act of 1947, 29 471
U.S.C. s. 260, if the employer proves by a preponderance of the 472
evidence that the act or omission giving rise to such action was 473
in good faith and that the employer had reasonable grounds for 474
believing that his or her act or omission was not a violation of 475
HB 425 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0425-00
Page 20 of 29
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
s. 24, Art. X of the State Constitution, the court may, in its 476
sound discretion, award no liquidated damages or award any 477
amount thereof not to exceed an amount equal to the amount of 478
unpaid minimum wages. The court shall not award any economic 479
damages on a claim for unpaid minimum wages not expressly 480
authorized in this section. 481
2. Upon prevailing in an action brought pursuant to thi s 482
section, aggrieved persons are shall also be entitled to such 483
legal or equitable relief as may be appropriate to remedy the 484
violation, including, without limitation, reinstatement in 485
employment and injunctive relief. However, any entitlement to 486
legal or equitable relief in an action brought under s. 24, Art. 487
X of the State Constitution or this section may shall not 488
include punitive damages. 489
(b) If an employer is found to have willfully violated 490
this section, the department, administrative law judge, or court 491
may impose a fine of $1,000 per violatio n payable to the state. 492
(c) Any employer or other person found to have hindered, 493
prevented, impeded, or interfered with the department or 494
administrative hearing body in the performance of their duties 495
is subject to a civil penalty of not less than $1,000 and not 496
more than $5,000, which may be assessed by the department, 497
administrative law judge, or court. 498
(d) If the department, administrative law judge, or court 499
finds that an employer took adverse action or retaliated against 500
HB 425 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0425-00
Page 21 of 29
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
an employee in violation of subsection (6): 501
1. The department, administrative law judge, or court may 502
order reinstatement of the aggrieved party, front pay in lieu of 503
reinstatement, backpay, liquidated damages up to two times the 504
amount of the unpaid wages, and other compensatory damages as 505
appropriate. 506
2. The department, administrative law judge, or court may 507
impose an administrative penalty not to exceed $5,000 payable to 508
the aggrieved party. 509
(e)(d) Any civil action brought under s. 24, Art. X of the 510
State Constitution and this section is shall be subject to s. 511
768.79. 512
(7) The Attorney General may bring a civil action to 513
enforce this section. The Attorney General may seek injunctive 514
relief. In addition to injunctive relief, or in lieu thereof, 515
for any employer or other person found to have willfully 516
violated this section, the Attorney General may seek to impose a 517
fine of $1,000 per violation, payable to the state. 518
(14)(8) The statute of limitatio ns for an action brought 519
under pursuant to this section is shall be for the period of 520
time specified in s. 95.11 beginning on the date the alleged 521
violation occurred. The statute of limitations applicable to an 522
action under this section is tolled during th e department's 523
investigation and any administrative enforcement under this 524
section. 525
HB 425 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0425-00
Page 22 of 29
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
(15)(9) Actions brought under pursuant to this section may 526
be brought as a class action pursuant to Rule 1.220, Florida 527
Rules of Civil Procedure. In any class action brou ght under 528
pursuant to this section, the plaintiffs must shall prove, by a 529
preponderance of the evidence, the individual identity of each 530
class member and the individual damages of each class member. 531
(16)(10) This section is shall constitute the exclusive 532
remedy under state law for violations of s. 24, Art. X of the 533
State Constitution. 534
(17) The department shall make reasonable efforts to 535
ensure that judgments against an employer are satisfied and may 536
use any remedy that is available to a judgment credito r to 537
collect an unsatisfied judgment. The department may collect 538
wages, damages, and other monetary remedies on behalf of an 539
employee. The department acts as the trustee of any unsatisfied 540
judgment it collects and shall deposit such wages, damages, or 541
other monetary remedy in the appropriate fund as provided by 542
rule. The department shall conduct a diligent search for any 543
employee for whom it collects an unsatisfied judgment. 544
(18)(a) Beginning on the 20th day after a judgment is 545
entered by the clerk of the court under paragraph (12)(d) or 546
otherwise by a court of competent jurisdiction in favor of the 547
state or aggrieved party, the department may issue a notice of 548
levy on all persons having in their possession or under their 549
control any credits, money, or pro perty belonging to the 550
HB 425 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0425-00
Page 23 of 29
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
judgment debtor. If the levy is made on credits, money, or 551
property in the possession or under the control of a bank, 552
savings and loan association, or other financial institution as 553
defined in 42 U.S.C. s. 669a(d)(1), the notice of l evy may be 554
mailed or hand-delivered to a centralized location designated by 555
the bank, savings and loan association, or other financial 556
institution. 557
(b) Any person who receives a notice of levy shall 558
surrender the credits, money, or property to the depart ment or 559
pay to the department the amount of any debt owed within 10 days 560
after service of the levy. Any person who surrenders to the 561
department any credits, money, or property of the judgment 562
debtor is discharged from any obligation or liability to the 563
judgment debtor relating to the amount paid to the department. 564
(c) Any person who receives a notice of levy from the 565
department and fails or refuses to surrender any credits, money, 566
or property of the judgment debtor is liable to the department 567
for the amount specified in the notice of levy. 568
(d) Any fees, commissions, expenses, or costs associated 569
with the sale of property levied under this subsection are the 570
obligation of the judgment debtor and may be collected by virtue 571
of the levy or in any other manne r as though the fees, 572
commissions, expenses, or costs were part of the judgment. 573
(e) The department may create a lien on any real or 574
personal property of an employer found in violation of s. 24, 575
HB 425 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0425-00
Page 24 of 29
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
Art. X of the State Constitution or this section. The depar tment 576
must release the lien upon final satisfaction of any judgment 577
entered in favor of an aggrieved party or the department, or 578
upon adjudication of the claim in favor of the employer. A lien 579
created under this paragraph lasts 10 years after the date it i s 580
created unless the lien is satisfied or released. A lien created 581
under this paragraph is in addition to any other rights 582
available to an aggrieved party or the department. 583
(19)(a) If a citation issued by the department, written 584
decision and order issue d by an administrative law judge, or 585
final judgment awarded under this section remains unsatisfied 30 586
days after all reviews and appeals have been exhausted or the 587
time to request a review or file an appeal has expired, the 588
department may issue a stop -order prohibiting the employer from 589
conducting business in the state using employee labor, including 590
conducting business using the labor of another business, 591
contractor, or subcontractor instead of the labor of an 592
employee, until the judgment is satisfied. The stop-order is 593
effective upon receipt of the order and the employer must pay 594
employees up to 10 days of lost wages due to the stop -order. 595
(b) An employer may appeal the stop -order by filing, 596
within 20 days after receipt of the stop -order, a written 597
request with the department for an administrative hearing. The 598
hearing must be held within 5 days after receipt of the written 599
request, at which time the stop -order must be affirmed or 600
HB 425 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0425-00
Page 25 of 29
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
dismissed and the department shall mail a written notice of 601
findings by United States mail to all parties within 24 hours 602
after the conclusion of the hearing. A party may appeal the 603
written notice of findings to a court of competent jurisdiction 604
within 45 days after the notice is mailed. The department may 605
seek injunctive or other appropriate relief to enforce the stop -606
order and is entitled to attorney fees and costs if the 607
department prevails. 608
(c) An employer, owner, director, officer, or managing 609
agent of an employer who fails to comply with a stop -order 610
issued under this subse ction is guilty of a misdemeanor of the 611
second degree, punishable as provided in s. 775.082 or s. 612
775.083. 613
(d) This subsection does not apply if the stop -order would 614
compromise public safety or the life, health, and care of a 615
vulnerable person as defined in s. 435.02. 616
(20) If a citation issued by the department, written 617
decision and order issued by an administrative law judge, or 618
final judgment awarded under this section remains unsatisfied 30 619
days after all reviews or appeals have been exhausted or the 620
time to request a review or file an appeal has expired, the 621
department may request that the appropriate state agency, and 622
the state agency is authorized to, deny, suspend, or revoke any 623
license held by the employer until such time as the judgment is 624
satisfied. 625
HB 425 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0425-00
Page 26 of 29
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
(21) Any person acting on behalf of an employer may be 626
held liable as the employer for a violation of s. 24, Art. X of 627
the State Constitution or this section. A client employer is 628
jointly and severally liable with a labor contractor for the 629
payment of unpaid wages, interest, liquidated damages, fines, or 630
penalties awarded under this section. 631
(22) All employers, client employers, and labor 632
contractors shall create records documenting compliance with s. 633
24, Art. X of the State Constitution and this section in 634
accordance with department rules. Records must be maintained for 635
a minimum of 5 years after an employee leaves the employment of 636
the employer or client employer, or is no longer working with a 637
labor contractor. An employer, client employer, or l abor 638
contractor must allow the department reasonable access to the 639
records when requested. If an employee, or other authorized 640
person or entity, alleges a violation of s. 24, Art. X of the 641
State Constitution or this section and the employer, client 642
employer, or labor contractor has not created and maintained 643
records as required under this subsection, there is a rebuttable 644
presumption that the employer, client employer, or labor 645
contractor is in violation of the law. The employer, client 646
employer, or labor c ontractor can overcome this presumption with 647
clear and convincing evidence. 648
(23) The department may enter into agreements with local, 649
state, or federal agencies to assist in the administration and 650
HB 425 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0425-00
Page 27 of 29
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
enforcement of this section. 651
(24) Subject to appropriat ion of funds by the Legislature, 652
the department shall establish and maintain an outreach and 653
education partnership program to promote awareness of, and 654
compliance with, s. 24, Art. X of the State Constitution and 655
this section. The department shall pursue p artnerships with 656
community-based organizations and unions through a competitive 657
request for proposals. Duties of the outreach and education 658
partnership program may include: 659
(a) Disseminating information and conducting outreach and 660
training to educate emp loyees about their rights. 661
(b) Conducting educational training for employers about 662
their obligations. 663
(c) Assisting employees with filing a claim for a 664
violation under s. 24, Art. X of the State Constitution or this 665
section. 666
(d) Assisting the department in conducting investigations 667
under this section, including the collection of evidence and 668
enforcement of a judgment. 669
(e) Monitoring compliance with s. 24, Art. X of the State 670
Constitution and this section. 671
(f) Establishing networks for educa tion, communication, 672
and participation in the workplace and community. 673
(g) Producing and disseminating training materials to 674
employers and employees. 675
HB 425 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0425-00
Page 28 of 29
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
(25)(11) Except for calculating the adjusted state minimum 676
wage and publishing the initial state minim um wage and any 677
annual adjustments thereto, the authority of the department of 678
Economic Opportunity in implementing s. 24, Art. X of the State 679
Constitution, pursuant to this section, is shall be limited to 680
that authority expressly granted by the Legislatur e. 681
Section 4. Section 448.111, Florida Statutes, is created 682
to read: 683
448.111 Department of Labor Community Advisory Board. —The 684
Department of Labor Community Advisory Board is established 685
within the Department of Labor. 686
(1) The advisory board shall consist of the following 687
members who must be approved by the Secretary of the Department 688
of Labor: 689
(a) A representative from the Department of Labor. 690
(b) A representative from the Department of Economic 691
Opportunity. 692
(c) A representative from the Depa rtment of Education. 693
(d) A representative from the Florida Chamber of Commerce. 694
(e) A representative from a small business as defined in 695
s. 288.703. 696
(f) Four representatives from labor organizations as 697
defined in s. 447.02(1) throughout the state. 698
(2) Members of the advisory board shall be appointed for 699
2-year terms, which shall be staggered. 700
HB 425 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0425-00
Page 29 of 29
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
(3) Members of the advisory board shall serve without 701
compensation and are not entitled to receive reimbursement for 702
per diem or travel expenses. 703
(4) The advisory board shall meet at least three times a 704
year in order to review reports and projects of the Department 705
of Labor. Meetings of the advisory board must be open to the 706
public and provide the opportunity for public comment. 707
(5) The advisory board shal l submit an annual report to 708
the Secretary of the Department of Labor recommending changes to 709
existing state policies and programs to ensure worker safety and 710
equity, with particular emphasis on racial equity and low -wage 711
and migrant workers. 712
(6) By January 1, 2025, and annually thereafter, the 713
Secretary of the Department of Labor shall submit the annual 714
report to the Governor, the President of the Senate, and the 715
Speaker of the House of Representatives. 716
Section 5. This act shall take effect July 1, 2024. 717