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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 Division of Labor Standards; 2
amending s. 20.60, F.S.; creating the Division of 3
Labor Standards within the Department of Commerce for 4
specified purposes; specifying that the department is 5
the state's chief agency for employee protecti on; 6
requiring the department to support and protect the 7
state's workforce in a specified manner; amending s. 8
448.109, F.S.; revising requirements for notifying 9
employees of certain rights; amending s. 448.110, 10
F.S.; designating the Division of Labor Standa rds as 11
the state Agency for Workforce Innovation for purposes 12
of implementing s. 24, Art. X of the State 13
Constitution; providing definitions; revising the 14
protected rights of an employee; creating a rebuttable 15
presumption and burden of proof for an employe r; 16
revising the process for filing a complaint for a 17
violation of protected rights; specifying that certain 18
actions are violations of the state minimum wage law; 19
prohibiting a person or entity from entering into 20
certain contracts; authorizing and providing the 21
division certain powers to conduct investigations, 22
issue citations, enforce and collect judgments by 23
certain means, and partner with other entities for 24
enforcement and education outreach; providing for 25
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injunctive relief under certain circumstances; 26
providing a process for review of a citation, levy, or 27
stop-order issued by the division; authorizing an 28
aggrieved person to file a civil action; providing 29
penalties; tolling the statute of limitations during 30
an investigation; providing liability; requiring 31
certain records be maintained for a specified length 32
of time; creating s. 448.112, F.S.; creating the 33
Division of Labor Standards Community Advisory Board 34
within the Division of Labor Standards; providing for 35
membership, meetings, and duties of the advisor y 36
board; requiring an annual report to the director of 37
the Division of Labor Standards, the Governor, and the 38
Legislature by a specified date; providing for future 39
legislative review and repeal of the advisory board; 40
providing an effective date. 41
42
Be It Enacted by the Legislature of the State of Florida: 43
44
Section 1. Paragraph (a) of subsection (3) and subsection 45
(4) of section 20.60, Florida Statutes, are amended to read: 46
20.60 Department of Commerce; creation; powers and 47
duties.— 48
(3)(a) The following divisions and offices of the 49
Department of Commerce are established: 50
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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
1. The Division of Economic Development. 51
2. The Division of Community Development. 52
3. The Division of Workforce Services. 53
4. The Division of Finance and Administration. 54
5. The Division of Information Technology. 55
6. The Office of the Secretary. 56
7. The Office of Economic Accountability and Transparency, 57
which shall: 58
a. Oversee the department's critical objectives as 59
determined by the secretary and make sure that the dep artment's 60
key objectives are clearly communicated to the public. 61
b. Organize department resources, expertise, data, and 62
research to focus on and solve the complex economic challenges 63
facing the state. 64
c. Provide leadership for the department's priority issues 65
that require integration of policy, management, and critical 66
objectives from multiple programs and organizations internal and 67
external to the department; and organize and manage external 68
communication on such priority issues. 69
d. Promote and facilitate key department initiatives to 70
address priority economic issues and explore data and identify 71
opportunities for innovative approaches to address such economic 72
issues. 73
e. Promote strategic planning for the department. 74
8. The Division of Labor Standards, which shall: 75
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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. Administer and enforce s. 24, Art. X of the State 76
Constitution, s. 448.110, and any other statutes and laws, or 77
parts thereof, that the division has been granted administrative 78
or enforcement authority over by the Legislature. 79
b. Promote compliance with s. 24, Art. X of the State 80
Constitution, s. 448.110, and any other statutes and laws, or 81
parts thereof, that the division has been granted administrative 82
or enforcement authority over by the Legislature through 83
investigative and enforcement actions, local outreach, technical 84
assistance, and training. 85
c. Investigate and ascertain the wages of persons employed 86
in any occupation or place of employment in the state as the 87
division finds necessary and proper. 88
d. Partner with comm unities, businesses, and employees in 89
the state for stakeholder input and collaboration. 90
e. Adopt rules as necessary to carry out the functions and 91
purposes of the division. 92
(4) The purpose of the department is to assist the 93
Governor in working with th e Legislature, state agencies, 94
business leaders, and economic development professionals to 95
formulate and implement coherent and consistent policies and 96
strategies designed to promote economic opportunities for all 97
Floridians. The department is the state's chief agency for 98
business recruitment and expansion , employee protection, and 99
economic development. To accomplish such purposes, the 100
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department shall: 101
(a) Facilitate the direct involvement of the Governor and 102
the Lieutenant Governor in economic developme nt and workforce 103
development projects designed to create, expand, and retain 104
businesses in this state; to recruit business from around the 105
world; to promote the state as a pro -business location for new 106
investment; and to facilitate other job -creating efforts. 107
(b) Recruit new businesses to this state and promote the 108
expansion of existing businesses by expediting permitting and 109
location decisions, worker placement and training, and incentive 110
awards. 111
(c) Promote viable, sustainable communities by providing 112
technical assistance and guidance on growth and development 113
issues, grants, and other assistance to local communities. 114
(d) Ensure that the state's goals and policies relating to 115
economic development, workforce development, community planning 116
and development, and affordable housing are fully integrated 117
with appropriate implementation strategies. 118
(e) Manage the activities of public -private partnerships 119
and state agencies in order to avoid duplication and promote 120
coordinated and consistent implementation of programs in areas 121
including, but not limited to, tourism; international trade and 122
investment; business recruitment, creation, retention, and 123
expansion; minority and small business development; defense, 124
space, and aerospace development; rural community d evelopment; 125
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and the development and promotion of professional and amateur 126
sporting events. 127
(f) Coordinate with state agencies on the processing of 128
state development approvals or permits to minimize the 129
duplication of information provided by the applicant and the 130
time before approval or disapproval. 131
(g) Contract with the Florida Sports Foundation to guide, 132
stimulate, and promote the sports industry in this state; to 133
promote the participation of residents of this state in amateur 134
athletic competition; and to promote this state as a host for 135
national and international amateur athletic competitions. 136
(h) Encourage and oversee the coordination of 137
international trade development efforts of public institutions, 138
business associations, economic development counc ils, and 139
private industry. 140
(i) Contract with the direct -support organization created 141
in s. 288.012, to assist with coordination described in 142
paragraph (h); provide services through State of Florida 143
international offices; and assist in developing and carr ying out 144
the 5-year statewide strategic plan as it relates to foreign 145
investment, international partnerships, and other international 146
business and trade development. 147
(j) Support Florida's defense, space, and aerospace 148
industries, including research and d evelopment, and strengthen 149
this state's existing leadership in defense, space, and 150
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aerospace activity and economic growth. 151
(k) Assist, promote, and enhance economic opportunities 152
for this state's minority -owned businesses and rural and urban 153
communities. 154
(l) Contract with the Florida Tourism Industry Marketing 155
Corporation to execute tourism promotion and marketing services, 156
functions, and programs for the state and advise the department 157
on the development of domestic and international tourism 158
marketing campaigns featuring this state. 159
(m) Support and protect Florida's workforce and bolster 160
state revenue by ensuring a fair day's pay for employees and 161
strengthening business through fair competition. 162
Section 2. Subsections (2) and (3) of section 448.10 9, 163
Florida Statutes, are amended to read: 164
448.109 Notification of the state minimum wage. — 165
(2) Each employer who must pay an employee the Florida 166
minimum wage shall prominently display a poster as prescribed in 167
substantially similar to the one made ava ilable pursuant to 168
subsection (3) in a conspicuous and accessible place in each 169
establishment where such employees are employed. 170
(3)(a) Each year the Division of Labor Standards 171
Department of Commerce shall, on or before December 1, create 172
and make available to employers a poster in English , and in 173
Spanish, and any other languages, as necessary. The poster must: 174
(a) Give notice of all of the following: 175
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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
1. The right to the minimum wage as provided by s. 24, 176
Art. X of the State Constitution and s. 448.1 10. 177
2. The right to be protected from discrimination, 178
retaliation, and adverse action for exercising in good faith any 179
right protected under s. 24, Art. X of the State Constitution 180
and s. 448.110. 181
3. The right to file a complaint with the Division of 182
Labor Standards or bring a civil action in a court of competent 183
jurisdiction for a violation of s. 24, Art. X of the State 184
Constitution or s. 448.110. which reads substantially as 185
follows: 186
NOTICE TO EMPLOYEES 187
The Florida minimum wage is $ ...(amount)... pe r hour, with a 188
minimum wage of at least $ ...(amount)... per hour for tipped 189
employees, in addition to tips, for January 1, ...(year)..., 190
through December 31, ...(year).... 191
The rate of the minimum wage is recalculated yearly on September 192
30, based on the Consumer Price Index. Every year on January 1 193
the new Florida minimum wage takes effect. 194
An employer may not retaliate against an employee for exercising 195
his or her right to receive the minimum wage. Rights protected 196
by the State Constitution include the ri ght to: 197
1. File a complaint about an employer's alleged 198
noncompliance with lawful minimum wage requirements. 199
2. Inform any person about an employer's alleged 200
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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
noncompliance with lawful minimum wage requirements. 201
3. Inform any person of his or her pote ntial rights under 202
Section 24, Article X of the State Constitution and to 203
assist him or her in asserting such rights. 204
An employee who has not received the lawful minimum wage after 205
notifying his or her employer and giving the employer 15 days to 206
resolve any claims for unpaid wages may bring a civil action in 207
a court of law against an employer to recover back wages plus 208
damages and attorney's fees. 209
An employer found liable for intentionally violating minimum 210
wage requirements is subject to a fine of $1,000 p er violation, 211
payable to the state. 212
The Attorney General or other official designated by the 213
Legislature may bring a civil action to enforce the minimum 214
wage. 215
For details see Section 24, Article X of the State Constitution. 216
(b) The poster must Be at least 8.5 inches by 11 inches 217
and in a format easily seen by employees. The text in the poster 218
must be of a conspicuous size. The text in the first line must 219
be larger than the text of any other line, and the text of the 220
first sentence must be in bold type and larger than the text in 221
the remaining lines. 222
Section 3. Section 448.110, Florida Statutes, is amended 223
to read: 224
448.110 State minimum wage; annual wage adjustment; 225
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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.— 226
(1) This section may be cited as the "Florida Minimum Wage 227
Act." 228
(2) The purpose of this section is to provide measures 229
appropriate for the implementation of s. 24, Art. X of the State 230
Constitution, in accordance with authority granted to the 231
Legislature under pursuant to s. 24(f), Art. X of the State 232
Constitution. To implement s. 24, Art. X of the State 233
Constitution, the Division of Labor Standards, a division within 234
the Department of Commerce is designated as the state Agency for 235
Workforce Innovation. 236
(3) As used in this section, the term: 237
(a) "Adverse action" means the discharge, suspension, 238
transfer, or demotion of an employee; the withholding of wage, 239
bonuses, benefits, or workable hours; filing, or threatening to 240
file, a false report with a government agency or en gaging in 241
unfair immigration-related practices; or any other adverse 242
action taken against an employee within the terms and conditions 243
of employment by an employer. 244
(b) "Client employer" means a business entity, regardless 245
of its form, that obtains or is provided employees to perform 246
labor within its usual course of business from a labor 247
contractor. The term does not include: 248
1. A business entity with a workforce of 25 or fewer 249
employees, including those hired directly by the client employer 250
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and those obtained from or provided by a labor contractor. 251
2. A business entity with a workforce of five or fewer 252
employees supplied by a labor contractor to the client employer 253
at any given time. 254
3. This state or a political subdivision of this state. 255
(c) "Director" means the director of the Division of Labor 256
Standards. 257
(d) "Division" means the Division of Labor Standards of 258
the Department of Commerce. 259
(e) "Employee" means a person employed by an employer, 260
including, but not limited to, full -time employees, part-time 261
employees, and temporary employees. 262
(f) "Employer" has the same meaning as established under 263
the federal Fair Labor Standards Act and its implementing 264
regulations in effect on July 1, 2025. 265
(g) "Judgment debtor" means each person who is liable on a 266
judgment or order to pay a sum of money that remains 267
unsatisfied. 268
(h) "Labor contractor" means a person or entity that 269
supplies, with or without a contract, a client employer with 270
employees to perform labor within the client employer's usual 271
course of business. The term does not include a bona fide 272
nonprofit, community -based organization that provides services 273
to employees or a labor organization or apprenticeship program 274
operating under a collective bargaining agreement. 275
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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
(i) "Usual course o f business" means the regular and 276
customary work of a business entity performed within or upon the 277
premises or worksite of the client employer. 278
(4)(3) Employers shall pay employees a minimum wage at an 279
hourly rate of $6.15 for all hours worked in Florida . Only those 280
individuals entitled to receive the federal minimum wage under 281
the federal Fair Labor Standards Act, as amended, and its 282
implementing regulations shall be eligible to receive the state 283
minimum wage under pursuant to s. 24, Art. X of the State 284
Constitution and this section. Sections 213 and 214 The 285
provisions of ss. 213 and 214 of the federal Fair Labor 286
Standards Act, as interpreted by applicable federal regulations 287
and implemented by the Secretary of Labor, are incorporated 288
herein. 289
(5)(a)(4)(a) Beginning September 30, 2005, and annually on 290
September 30 thereafter, the division department of Commerce 291
shall calculate an adjusted state minimum wage rate by 292
increasing the state minimum wage by the rate of inflation for 293
the 12 months prior to Septe mber 1. In calculating the adjusted 294
state minimum wage, the division department of Commerce shall 295
use the Consumer Price Index for Urban Wage Earners and Clerical 296
Workers, not seasonally adjusted, for the South Region or a 297
successor index as calculated by the United States Department of 298
Labor. Each adjusted state minimum wage rate shall take effect 299
on the following January 1, with the initial adjusted minimum 300
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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
wage rate to take effect on January 1, 2006. 301
(b) The Department of Revenue and the division department 302
of Commerce shall annually publish the amount of the adjusted 303
state minimum wage and the effective date. Publication shall 304
occur by posting the adjusted state minimum wage rate and the 305
effective date on the Internet home pages of the division 306
department of Commerce and the Department of Revenue by October 307
15 of each year. In addition, to the extent funded in the 308
General Appropriations Act, the division department of Commerce 309
shall provide written notice of the adjusted rate and the 310
effective date of the adjusted state minimum wage to all 311
employers registered in the most current reemployment assistance 312
database. Such notice shall be mailed by November 15 of each 313
year using the addresses included in the database. Employers are 314
responsible for maintaining current address information in the 315
reemployment assistance database. The division department of 316
Commerce is not responsible for failure to provide notice due to 317
incorrect or incomplete address information in the database. The 318
division department of Commer ce shall provide the Department of 319
Revenue with the adjusted state minimum wage rate information 320
and effective date in a timely manner. 321
(6)(a)(5) It is shall be unlawful for an employer or any 322
other party to discriminate in any manner or take adverse act ion 323
against any person in retaliation for exercising rights 324
protected under pursuant to s. 24, Art. X of the State 325
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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
Constitution or this section. 326
(b) Rights protected under s. 24, Art. X of the State 327
Constitution and this section include, but are not limi ted to:, 328
1. The right to file a complaint or inform any person of 329
his or her potential rights under pursuant to s. 24, Art. X of 330
the State Constitution or this section and to assist him or her 331
in asserting such rights. 332
2. The right to inform a person's employer, union or other 333
similar organization, legal counsel, or any other person about 334
an alleged violation of s. 24, Art. X of the State Constitution 335
or this section. 336
3. The right to file a complaint with the division or file 337
a civil action in a court of competent jurisdiction for an 338
alleged violation of s. 24, Art. X of the State Constitution or 339
this section. 340
4. The right to cooperate with any investigation conducted 341
under this section and to testify in any proceeding or action 342
brought under this se ction. 343
5. The right to refuse to participate in an activity that 344
violates city, state, or federal law. 345
6. The right to oppose any policy, practice, or act that 346
violates s. 24, Art. X of the State Constitution or this 347
section. 348
(c) There is a rebuttabl e presumption that an employer has 349
violated s. 24, Art. X of the State Constitution or this section 350
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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
if the employer takes adverse action against an employee within 351
90 days after the employee exercises a right under paragraph 352
(b). If an employee is a season al worker and his or her work 353
ended before the end of the 90 -day period, the rebuttable 354
presumption applies if the employer fails to rehire the seasonal 355
worker in the same position at the next opportunity. The 356
rebuttable presumption may be overcome by clea r and convincing 357
evidence. 358
(d) The protections provided under this section apply to 359
any employee who alleges a violation of s. 24, Art. X of the 360
State Constitution or this section in good faith. Any complaint 361
or other communication by an employee allegin g a violation of s. 362
24, Art. X of the State Constitution or this section triggers 363
the protections under this section even if the complaint or 364
communication does not specifically reference this section. 365
(e) An employee who believes he or she has been 366
discriminated or retaliated against for exercising a right under 367
s. 24, Art. X of the State Constitution or this section may file 368
a complaint with the division or a civil action in a court of 369
competent jurisdiction within 4 years after the alleged 370
violation or, in the case of a willful violation, within 5 years 371
after the alleged violation. 372
(7) An employer has the burden of proving that a person is 373
an independent contractor and not an employee. A person who 374
receives remuneration for services provided is consid ered an 375
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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
employee unless the employer proves: 376
(a) The person is free from control or direction by the 377
employer over the performance of such service. 378
(b) The service provided by the person is outside the 379
usual course of business of the employer. 380
(c) The person is customarily engaged in an independently 381
established trade, occupation, profession, or business. 382
(8) It is a violation of this section: 383
(a) To misclassify an employee as an independent 384
contractor; or 385
(b) For a person or an entity to enter into a contract or 386
an agreement with an independent contractor for labor or 387
services if the person or entity knows or should know that the 388
contract or agreement does not include funds sufficient to allow 389
the independent contractor to comply with all applic able local, 390
state, and federal laws or regulations governing the labor or 391
services to be provided. 392
(9)(a) The division may commence investigations, actions, 393
and proceedings necessary to enforce this section. The division 394
has the sole discretion whether t o investigate an employer to 395
determine if a violation of s. 24, Art. X of the State 396
Constitution or this section has occurred. 397
(b) In order to encourage a person or organization to 398
report a suspected violation of s. 24, Art. X of the State 399
Constitution or this section, the division: 400
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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
1. Must keep the name and other identifying information 401
about the reporter confidential to the extent permitted by law. 402
The division may disclose the reporter's name or identification 403
with the written consent of the reporter . 404
2. Must provide a notice form to an employer being 405
investigated, which must be posted in a conspicuous and 406
accessible location at the workplace, notifying the employees 407
that the division is conducting an investigation under this 408
section. The notice for m must be in English and any other 409
language that is the primary language of a majority of the 410
employees in the workplace. If display of the notice form is not 411
feasible, the employer must provide it to each employee through 412
electronic means and also provide each employee a physical copy 413
of the notice form. 414
3. May certify the eligibility of a person for a visa 415
under 8 U.S.C. s. 1184(p) and 8 U.S.C. s. 1101(a)(15)(U), 416
subject to applicable federal law and regulations, and other 417
rules issued by the division. 418
(10)(a) During an investigation under this section, the 419
division has the power to: 420
1. Enter and inspect the workplace. 421
2. Inspect and make copies of papers, books, accounts, 422
records, payroll, and other documents necessary to further its 423
investigation. 424
3. Question witnesses under oath and in a private 425
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location. 426
4. Issue subpoenas to compel the attendance and testimony 427
of witnesses and the production of papers, books, accounts, 428
records, payroll, and other documents necessary to further its 429
investigation. 430
5. Take depositions and affidavits. 431
6. Investigate any facts, conditions, practices, or 432
matters as the division deems appropriate to determine whether a 433
violation of s. 24, Art. X of the State Constitution or this 434
section has occurred. 435
(b) If an employer fails to comply with a lawfully issued 436
subpoena or if a witness refuses to testify or be questioned, 437
the division may request that the court compel compliance by 438
initiating a proceeding for contempt. The court shall take 439
judicial notice under s. 90.202(13) of the Department of 440
Commerce's seal, "Department of Commerce -State of Florida," and 441
shall enforce any subpoena issued by the director or his or her 442
representative under such seal. 443
(c) During an administrative or civil proceeding under 444
this section, an employer may not introduce any documentation as 445
evidence that was not provided to the division. 446
(11)(a) During the course of an investigation under this 447
section or if the division reasonably believes that an employer 448
has engaged in, is engagin g in, or is about to engage in, a 449
violation of s. 24, Art. X of the State Constitution or this 450
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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
section, the division or the Attorney General may seek 451
injunctive relief to: 452
1. Prohibit the employer from continuing to engage or 453
engaging in the violation or doing any acts in furtherance of 454
the violation. 455
2. Prevent violations or attempted violations of s. 24, 456
Art. X of the State Constitution or this section. 457
3. Attempt to interfere with or impede the enforcement of 458
this section. 459
4. Exercise or perform any power or duty under this 460
section. 461
(b) When determining whether injunctive relief is 462
appropriate, the court shall consider any potential or direct 463
harm to an employee from a violation of s. 24, Art. X of the 464
State Constitution or this section and the chilling effect on 465
other employees attempting to assert their rights under s. 24, 466
Art. X of the State Constitution or this section. 467
(c) A temporary injunction remains in effect until the 468
division issues a citation to the employer or until the 469
completion of an administrative hearing, whichever is longer, or 470
until a time certain set by the court. A temporary injunction 471
does not prohibit an employer from taking adverse action against 472
an employee for conduct unrelated to an alleged violation of s. 473
24, Art. X of the State Constitution or this section. 474
(d) The court may issue a preliminary or permanent 475
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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
injunction if it determines such injunction is just and proper. 476
(12)(a) If a violation of s. 24, Art. X of the State 477
Constitution or this section is found dur ing an investigation 478
and the violation is not remedied through settlement or 479
otherwise, the division must issue a citation to the employer. 480
The citation must be in writing and describe the nature of the 481
violation and include any and all appropriate relief. 482
Appropriate relief includes, but is not limited to, requiring an 483
employer to cease and desist; to take any action necessary to 484
remedy the violation, such as rehiring or reinstating an 485
employee, reimbursing lost wages plus interest, or paying 486
liquidated damages in an amount equal to two times the unpaid 487
wages, or other fines and penalties, including a fine of not 488
more than $50 for each day a violation continues to exist and 489
for each employee to whom the violation occurred payable to the 490
state or aggrieved e mployee; to take training classes relating 491
to compliance with this section; or to submit to compliance 492
monitoring by the division. The division shall serve the 493
citation in a manner provided by the Florida Rules of Civil 494
Procedure. The citation must advise the employer of his or her 495
right to an administrative hearing to have the citation 496
reviewed. 497
(b) Within 30 days after service of a citation, an 498
employer must comply with all appropriate relief specified in 499
the citation or may obtain review of the citatio n by providing a 500
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written request for review to the director. Upon receipt of a 501
written request for review, the director shall assign the 502
citation to an administrative law judge to conduct a hearing and 503
issue a written decision. Hearings conducted under thi s 504
subsection are governed by the division and the rules of 505
practice and procedure adopted by the division. 506
(c) An administrative hearing must commence within 90 days 507
after receipt of a timely submitted request for review. The 508
administrative law judge mus t render a written decision within 509
90 days after the conclusion of the hearing. The written 510
decision must include a statement of findings, conclusions of 511
law, and a recommended order that specifies all appropriate 512
relief as authorized under paragraph (a), including the amount 513
required for an appeal bond should the employer choose to obtain 514
review of the recommended order issued under this paragraph. The 515
decision must be served on all parties in a manner provided by 516
the Florida Rules of Civil Procedure. If t he recommended order 517
includes a monetary remedy, the amount is due 45 days after the 518
written decision is properly served on the employer. 519
(d)1. An employer may obtain review of the written 520
decision and recommended order issued under paragraph (c) by 521
filing a petition for a writ of mandamus to a court having 522
jurisdiction within 45 days after the written decision is 523
properly served on the emp loyer. If a petition for a writ of 524
mandamus is not filed within the appropriate time, the 525
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recommended order in the written decision becomes final. 526
2. Before an employer may obtain review of the written 527
decision or recommended order, he or she must post a n appeal 528
bond, in the amount specified in the recommended order, issued 529
by a licensed surety or as a cash deposit with the court. The 530
employer shall provide written notice to the division and any 531
other parties of the posting of the appeal bond. 532
3. A court may overturn a written decision based on abuse 533
of discretion. An employer establishes an abuse of discretion if 534
he or she alleges that the findings are not supported by the 535
evidence and the court determines that the findings are not 536
supported by substant ial evidence when looking at the entire 537
record. 538
4. If the court issues an order in favor of the aggrieved 539
party or if the appeal is withdrawn or dismissed without entry 540
of judgment, the employer is liable for the relief specified in 541
the written decision from the administrative hearing, unless the 542
parties execute a settlement agreement, in which case the 543
employer is liable for the relief specified in the settlement 544
agreement. If the written decision from the administrative 545
hearing or the settlement agreeme nt provide for monetary relief, 546
and the employer fails to pay the amount owed within 10 days 547
after entry of an order, dismissal or withdrawal of the appeal, 548
or the execution of a settlement agreement, a portion of the 549
appeal bond equal to the amount owed, or the entire appeal bond 550
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if the amount owed exceeds the amount of the bond, must be paid 551
to the aggrieved party. 552
5. If the employer does not request review of the citation 553
under paragraph (b), file a writ of mandamus under subparagraph 554
1., or post the appeal bond as required in subparagraph 2., and 555
the time to do so has expired, or if the petition for a writ of 556
mandamus is dismissed or withdrawn without entry of judgment, 557
the clerk of the court must certify a copy of the citation or 558
written decision and recommended order issued by the division or 559
by the administrative law judge, respectively, and enter 560
judgment for the state or aggrieved party. The judgment has the 561
same force and effect as a judgment entered in a civil action 562
and may be enforced in the sa me manner as any other judgment of 563
the court. The court shall give priority to petitions to enforce 564
a judgment entered under this section. 565
6. If an employer fails to comply with a citation or final 566
order, whether issued by the division, administrative la w judge, 567
or court, and has exhausted all reviews or appeals or the time 568
to file a review or appeal has expired, the division or the 569
Attorney General may commence and prosecute a civil action to 570
recover unpaid wages, including interest, fines, or penalties; 571
equitable relief; and liquidated damages owed to an aggrieved 572
person. The prevailing party is entitled to applicable fines or 573
civil penalties and reasonable attorney fees and costs. 574
(13)(a) A person aggrieved by a violation of s. 24, Art. X 575
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of the State Constitution or this section may bring a civil 576
action in a court of competent jurisdiction. 577
(6)(a) Any person aggrieved by a violation of this section 578
may bring a civil action in a court of competent jurisdiction 579
against an employer violating this secti on or a party violating 580
subsection (5). However, prior to bringing any claim for unpaid 581
minimum wages pursuant to this section, the person aggrieved 582
shall notify the employer alleged to have violated this section, 583
in writing, of an intent to initiate such an action. The notice 584
must identify the minimum wage to which the person aggrieved 585
claims entitlement, the actual or estimated work dates and hours 586
for which payment is sought, and the total amount of alleged 587
unpaid wages through the date of the notice. 588
(b) The employer shall have 15 calendar days after receipt 589
of the notice to pay the total amount of unpaid wages or 590
otherwise resolve the claim to the satisfaction of the person 591
aggrieved. The statute of limitations for bringing an action 592
pursuant to this section shall be tolled during this 15 -day 593
period. If the employer fails to pay the total amount of unpaid 594
wages or otherwise resolve the claim to the satisfaction of the 595
person aggrieved, then the person aggrieved may bring a claim 596
for unpaid minimum wage s, the terms of which must be consistent 597
with the contents of the notice. 598
(c)1. Upon prevailing in a civil an action brought under 599
paragraph (6)(e) pursuant to this section , aggrieved persons 600
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shall recover the full amount of any unpaid back wages , plus 601
interest, unlawfully withheld plus up to two times the unpaid 602
wages the same amount as liquidated damages and shall be awarded 603
reasonable attorney attorney's fees and costs. Additionally, As 604
provided under the federal Fair Labor Standards Act, pursuant to 605
s. 11 of the Portal-to-Portal Act of 1947, 29 U.S.C. s. 260, if 606
the employer proves by a preponderance of the evidence that the 607
act or omission giving rise to such action was in good faith and 608
that the employer had reasonable grounds for believing that his 609
or her act or omission was not a violation of s. 24, Art. X of 610
the State Constitution, the court may, in its sound discretion, 611
award no liquidated damages or award any amount thereof not to 612
exceed an amount equal to the amount of unpaid minimum wages. 613
The court shall not award any economic damages on a claim for 614
unpaid minimum wages not expressly authorized in this section. 615
2. Upon prevailing in an action brought pursuant to this 616
section, aggrieved persons are shall also be entitled to such 617
legal or equitable relief as may be appropriate to remedy the 618
violation, including, without limitation, reinstatement in 619
employment and injunctive relief. However, any entitlement to 620
legal or equitable relief in an action brought under s. 24, Art. 621
X of the State Consti tution or this section may shall not 622
include punitive damages. 623
(b) In addition to any other remedies or penalties 624
authorized by law, if an employer is found to have willfully 625
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violated s. 24, Art. X of the State Constitution or this 626
section, the division, administrative law judge, or court may 627
impose a fine of $1,000 per violation payable to this state. 628
(c) In addition to any other remedies or penalties 629
authorized by law, any employer or other person found to have 630
hindered, prevented, impeded, or interfe red with the division or 631
administrative hearing body in the performance of their duties 632
is subject to a civil penalty of not less than $1,000 and not 633
more than $5,000, which may be assessed by the division, 634
administrative law judge, or court. 635
(d) In addition to any other remedies or penalties 636
authorized by law, if the division, administrative law judge, or 637
court finds that an employer took adverse action or retaliated 638
against an employee in violation of subsection (6): 639
1. The division, administrative la w judge, or court may 640
order reinstatement of the aggrieved party, front pay in lieu of 641
reinstatement, backpay, liquidated damages up to two times the 642
amount of the unpaid wages, and other compensatory damages as 643
appropriate. 644
2. The division, administrati ve law judge, or court may 645
impose on the employer an administrative penalty, not to exceed 646
$5,000, payable to the aggrieved party. 647
(e) In addition to any other remedies or penalties 648
authorized by law, if the division, administrative law judge, or 649
court finds that an employer or entity violated subsection (8), 650
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the division, administrative law judge, or court may impose on 651
the employer or entity the following: 652
1. A civil penalty in an amount up to 5 percent of the 653
employee's gross earnings over the past 1 2 months, payable to 654
the misclassified employee. 655
2. A civil penalty up to $5,000 per violation, payable to 656
this state. 657
(f)(d) Any civil action brought under s. 24, Art. X of the 658
State Constitution and this section is shall be subject to s. 659
768.79. 660
(7) The Attorney General may bring a civil action to 661
enforce this section. The Attorney General may seek injunctive 662
relief. In addition to injunctive relief, or in lieu thereof, 663
for any employer or other person found to have willfully 664
violated this section, the Attorney General may seek to impose a 665
fine of $1,000 per violation, payable to the state. 666
(14)(8) The statute of limitations for an action brought 667
under pursuant to this section is shall be for the period of 668
time specified in s. 95.11 beginning on th e date the alleged 669
violation occurred. The statute of limitations applicable to an 670
action under this section is tolled during the division's 671
investigation and any administrative enforcement under this 672
section. 673
(15)(9) Actions brought under pursuant to this section may 674
be brought as a class action pursuant to Rule 1.220, Florida 675
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Rules of Civil Procedure. In any class action brought under 676
pursuant to this section, the plaintiffs must shall prove, by a 677
preponderance of the evidence, the individual identit y of each 678
class member and the individual damages of each class member. 679
(16)(10) This section is shall constitute the exclusive 680
remedy under state law for violations of s. 24, Art. X of the 681
State Constitution. 682
(17) The division shall make reasonable ef forts to ensure 683
that judgments against an employer are satisfied and may use any 684
remedy that is available to a judgment creditor to collect an 685
unsatisfied judgment. The division may collect wages, damages, 686
and other monetary remedies on behalf of an employ ee. The 687
division acts as the trustee of any unsatisfied judgment it 688
collects and shall deposit such wages, damages, or other 689
monetary remedy in the appropriate fund as provided by rule. The 690
division shall conduct a diligent search for any employee for 691
whom it collects an unsatisfied judgment. 692
(18)(a) Beginning on the 20th day after a judgment is 693
entered by the clerk of the court under paragraph (12)(d) or 694
otherwise by a court of competent jurisdiction in favor of this 695
state or the aggrieved party, the div ision may issue a notice of 696
levy on all persons having in their possession or under their 697
control any credits, money, or property belonging to the 698
judgment debtor. If the levy is made on credits, money, or 699
property in the possession or under the control of a bank, 700
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savings and loan association, or other financial institution as 701
defined in 42 U.S.C. s. 669a(d)(1), the notice of levy may be 702
mailed or hand-delivered to a centralized location designated by 703
the bank, savings and loan association, or other financi al 704
institution. 705
(b) Any person who receives a notice of levy shall 706
surrender the credits, money, or property to the division or pay 707
to the division the amount of any debt owed within 10 days after 708
service of the levy. Any person who surrenders to the div ision 709
any credits, money, or property of the judgment debtor is 710
discharged from any obligation or liability to the judgment 711
debtor relating to the amount paid to the division. 712
(c) Any person who receives a notice of levy from the 713
division and fails or re fuses to surrender any credits, money, 714
or property of the judgment debtor is liable to the division for 715
the amount specified in the notice of levy. 716
(d) Any fees, commissions, expenses, or costs associated 717
with the sale of property levied under this subse ction are the 718
obligation of the judgment debtor and may be collected by virtue 719
of the levy or in any other manner as though the fees, 720
commissions, expenses, or costs were part of the judgment. 721
(e) The division may create a lien on any real or personal 722
property of an employer found in violation of s. 24, Art. X of 723
the State Constitution or this section. The division must 724
release the lien upon final satisfaction of any judgment entered 725
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in favor of an aggrieved party or the division, or upon 726
adjudication of the claim in favor of the employer. A lien 727
created under this paragraph lasts 10 years after the date it is 728
created unless the lien is satisfied or released. A lien created 729
under this paragraph is in addition to any other rights 730
available to an aggrieved p arty or the division. 731
(19)(a) If a citation issued by the division, written 732
decision and order issued by an administrative law judge, or 733
final judgment awarded under this section remains unsatisfied 30 734
days after all reviews and appeals have been exhaust ed or the 735
time to request a review or file an appeal has expired, the 736
division may issue a stop -order prohibiting the employer from 737
conducting business in this state using employee labor, 738
including conducting business using the labor of another 739
business, contractor, or subcontractor instead of the labor of 740
an employee, until the judgment is satisfied. The stop -order is 741
effective upon receipt of the order and the employer must pay 742
employees up to 10 days of lost wages due to the stop -order. 743
(b) An employer may appeal the stop-order by filing, 744
within 20 days after receipt of the stop -order, a written 745
request with the division for an administrative hearing. The 746
hearing must be held within 5 days after receipt of the written 747
request, at which time the stop -order must be affirmed or 748
dismissed and the division shall mail a written notice of 749
findings by United States mail to all parties within 24 hours 750
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after the conclusion of the hearing. A party may appeal the 751
written notice of findings to a court of competent ju risdiction 752
within 45 days after the notice is mailed. The division may seek 753
injunctive or other appropriate relief to enforce the stop -order 754
and is entitled to attorney fees and costs if the division 755
prevails. 756
(c) An employer, owner, director, officer, o r managing 757
agent of an employer who fails to comply with a stop -order 758
issued under this subsection is guilty of a misdemeanor of the 759
second degree, punishable as provided in s. 775.082 or s. 760
775.083. 761
(d) This subsection does not apply if the stop -order would 762
compromise public safety or the life, health, and care of a 763
vulnerable person as defined in s. 435.02. 764
(20) If a citation issued by the division, written 765
decision and order issued by an administrative law judge, or 766
final judgment awarded under this section remains unsatisfied 30 767
days after all reviews or appeals have been exhausted or the 768
time to request a review or file an appeal has expired, the 769
division may request that the appropriate state agency, and the 770
state agency is authorized to, deny, sus pend, or revoke any 771
license held by the employer until such time as the judgment is 772
satisfied. 773
(21) Any person acting on behalf of an employer may be 774
held liable as the employer for a violation of s. 24, Art. X of 775
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the State Constitution or this section. A client employer is 776
jointly and severally liable with a labor contractor for the 777
payment of unpaid wages, interest, liquidated damages, fines, or 778
penalties awarded under this section. 779
(22) All employers, client employers, and labor 780
contractors shall cre ate records documenting compliance with s. 781
24, Art. X of the State Constitution and this section in 782
accordance with division rules. Records must be maintained for a 783
minimum of 5 years after an employee leaves the employment of 784
the employer or client employ er, or is no longer working with a 785
labor contractor. An employer, a client employer, or a labor 786
contractor must allow the division reasonable access to the 787
records when requested. If an employee, or other authorized 788
person or entity, alleges a violation of s. 24, Art. X of the 789
State Constitution or this section and the employer, client 790
employer, or labor contractor has not created and maintained 791
records as required under this subsection, there is a rebuttable 792
presumption that the employer, client employer, or labor 793
contractor is in violation of the law. The employer, client 794
employer, or labor contractor can overcome this presumption with 795
clear and convincing evidence. 796
(23) The division may enter into agreements with local, 797
state, or federal agencies to ass ist in the administration and 798
enforcement of this section. 799
(24) Subject to appropriation of funds by the Legislature, 800
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the division shall establish and maintain an outreach and 801
education partnership program to promote awareness of, and 802
compliance with, s. 24, Art. X of the State Constitution and 803
this section. The division shall pursue partnerships with 804
community-based organizations and unions through a competitive 805
request for proposals. Duties of the outreach and education 806
partnership program may include: 807
(a) Disseminating information and conducting outreach and 808
training to educate employees about their rights. 809
(b) Conducting educational training for employers about 810
their obligations. 811
(c) Assisting employees with filing a claim for a 812
violation under s. 24, Art. X of the State Constitution or this 813
section. 814
(d) Assisting the division in conducting investigations 815
under this section, including the collection of evidence and 816
enforcement of a judgment. 817
(e) Monitoring compliance with s. 24, Art. X of the State 818
Constitution and this section. 819
(f) Establishing networks for education, communication, 820
and participation in the workplace and community. 821
(g) Producing and disseminating training materials to 822
employers and employees. 823
(25)(11) Except for calculating the adjusted state minimum 824
wage and publishing the initial state minimum wage and any 825
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annual adjustments thereto, the authority of the division 826
department of Commerce in implementing s. 24, Art. X of the 827
State Constitution, pursuant to this section, is shall be 828
limited to that authority expressly granted by the Legislature. 829
Section 4. Section 448.112, Florida Statutes, is created 830
to read: 831
448.112 Division of Labor Standards Community Advisory 832
Board.—The Division of Labor Standards Community Adviso ry Board, 833
an advisory council as defined in s. 20.03(7), is established 834
within the Division of Labor Standards. 835
(1) The advisory board shall consist of the following 836
members who must be approved by the director of the Division of 837
Labor Standards: 838
(a) A representative from the Division of Labor Standards. 839
(b) A representative from the Department of Commerce. 840
(c) A representative from the Department of Education. 841
(d) A representative from the Florida Chamber of Commerce. 842
(e) A representative from a small business as defined in 843
s. 288.703. 844
(f) Four representatives from labor organizations as 845
defined in s. 447.02(1) throughout this state. 846
(2) Members of the advisory board shall be appointed for 847
2-year terms, which shall be staggered. 848
(3) Members of the advisory board shall serve without 849
compensation and are not entitled to receive reimbursement for 850
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per diem or travel expenses. 851
(4) The advisory board shall meet at least three times a 852
year in order to review reports and projects of the Division of 853
Labor Standards. Meetings of the advisory board must be open to 854
the public and provide the opportunity for public comment. 855
(5) The advisory board shall submit an annual report to 856
the director of the Division of Labor Standards recommending 857
changes to existing state policies and programs to ensure 858
employee safety and equity, with particular emphasis on racial 859
equity and low-wage and migrant workers. 860
(6) By January 1, 2026, and annually thereafter, the 861
director of the Division of Labor Standards shall submit the 862
annual report to the Governor, the President of the Senate, and 863
the Speaker of the House of Representatives. 864
(7) In accordance with s. 20.052(8), Florida Statutes, 865
this section is repealed October 2, 2028, unless reviewed and 866
saved from repeal through reenactment by the Legislature. 867
Section 5. This act shall take effect July 1, 2025. 868