Department of Labor

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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; authorizing 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 rights; 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; revising 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 contracts; 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

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education outreach; providing for injunctive relief 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
448.112, 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 report 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

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(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 this 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 enforce 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
Commerce shall, on or before December 1, create and make 69
available to employers a poster in English, and in Spanish, and 70
any other languages, as necessary. The poster must give notice 71
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

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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 rights under 98
Section 24, Article X of the State Constitution and to 99
assist him or her in asserting such rights. 100

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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 violation, 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 implementation 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 Commerce is 124
designated as the state Agency for Workforce Innovation. 125

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(3) As used in this section, the term: 126
(a) "Adverse action" means the discharge, suspension, 127
transfer, or demotion of an employee; the withholding of wage, 128
bonuses, benefits, or workable hours; filing, or threatening to 129
file, a false report with a government agency or engaging in 130
unfair immigration-related practices; or any other adverse 131
action taken against an employee within the terms and conditions 132
of employment by an employer. 133
(b) "Client employer" means a business entity, regardless 134
of its form, that obtains or is provided employees to perform 135
labor within its usual course of business from a labor 136
contractor. The term does not include: 137
1. A business entity with a workforce of 25 or fewer 138
employees, including those hired directly by the client employer 139
and those obtained from or provided by a labor contractor. 140
2. A business entity with a workforce of five or fewer 141
employees supplied by a labor contractor to the client employer 142
at any given time. 143
3. This state or a political subdivision of this state. 144
(c) "Department" means the Department of Labor. 145
(d) "Employee" has the same meaning as established under 146
the federal Fair Labor Standards Act and its implementing 147
regulations in effect on July 1, 2026. 148
(e) "Employer" has the same meaning as established under 149
the federal Fair Labor Standards Act and its implementing 150

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regulations in effect on July 1, 2026. 151
(f) "Judgment debtor" means each person who is liable on a 152
judgment or order to pay a sum of money that remains 153
unsatisfied. 154
(g) "Labor contractor" means a person or entity that 155
supplies, with or without a contract, a client employer with 156
employees to perform labor within the client employer's usual 157
course of business. The term does not include a bona fide 158
nonprofit, community-based organization that provides services 159
to employees or a labor organization or apprenticeship program 160
operating under a collective bargaining agreement. 161
(h) "Secretary" means the secretary of the department. 162
(i) "Usual course of business" means the regular and 163
customary work of a business performed within or upon the 164
premises or worksite of the client employer. 165
(4)(3) Employers shall pay employees a minimum wage at an 166
hourly rate of $6.15 for all hours worked in Florida. Only those 167
individuals entitled to receive the federal minimum wage under 168
the federal Fair Labor Standards Act, as amended, and its 169
implementing regulations shall be eligible to receive the state 170
minimum wage under pursuant to s. 24, Art. X of the State 171
Constitution and this section. Sections 213 and 214 The 172
provisions of ss. 213 and 214 of the federal Fair Labor 173
Standards Act, as interpreted by applicable federal regulations 174
and implemented by the Secretary of Labor, are incorporated 175

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herein. 176
(5)(a)(4)(a) Beginning September 30, 2005, and annually on 177
September 30 thereafter, the department of Commerce shall 178
calculate an adjusted state minimum wage rate by increasing the 179
state minimum wage by the rate of inflation for the 12 months 180
prior to September 1. In calculating the adjusted state minimum 181
wage, the department of Commerce shall use the Consumer Price 182
Index for Urban Wage Earners and Clerical Workers, not 183
seasonally adjusted, for the South Region or a successor index 184
as calculated by the United States Department of Labor. Each 185
adjusted state minimum wage rate shall take effect on the 186
following January 1, with the initial adjusted minimum wage rate 187
to take effect on January 1, 2006. 188
(b) The Department of Revenue and the department of 189
Commerce shall annually publish the amount of the adjusted state 190
minimum wage and the effective date. Publication shall occur by 191
posting the adjusted state minimum wage rate and the effective 192
date on the Internet home pages of the department of Commerce 193
and the Department of Revenue by October 15 of each year. In 194
addition, to the extent funded in the General Appropriations 195
Act, the department of Commerce shall provide written notice of 196
the adjusted rate and the effective date of the adjusted state 197
minimum wage to all employers registered in the most current 198
reemployment assistance database. Such notice shall be mailed by 199
November 15 of each year using the addresses included in the 200

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database. Employers are responsible for maintaining current 201
address information in the reemployment assistance database. The 202
department of Commerce is not responsible for failure to provide 203
notice due to incorrect or incomplete address information in the 204
database. The department of Commerce shall provide the 205
Department of Revenue with the adjusted state minimum wage rate 206
information and effective date in a timely manner. 207
(6)(a)(5) It is shall be unlawful for an employer or any 208
other party to discriminate in any manner or take adverse action 209
against any person in retaliation for exercising rights 210
protected under pursuant to s. 24, Art. X of the State 211
Constitution or this section. 212
(b) Rights protected under s. 24, Art. X of the State 213
Constitution and this section include, but are not limited to:, 214
1. The right to file a complaint or inform any person of 215
his or her potential rights under pursuant to s. 24, Art. X of 216
the State Constitution or this section and to assist him or her 217
in asserting such rights. 218
2. The right to inform a person's employer, union or other 219
similar organization, legal counsel, or any other person about 220
an alleged violation of s. 24, Art. X of the State Constitution 221
or this section. 222
3. The right to file a complaint with the department or 223
file a civil action in a court of competent jurisdiction for an 224
alleged violation of s. 24, Art. X of the State Constitution or 225

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this section. 226
4. The right to cooperate with any investigation conducted 227
under this section and to testify in any proceeding or action 228
brought under this section. 229
5. The right to refuse to participate in an activity that 230
violates city, state, or federal law. 231
6. The right to oppose any policy, practice, or act that 232
violates s. 24, Art. X of the State Constitution or this 233
section. 234
(c) There is a rebuttable presumption that an employer has 235
violated s. 24, Art. X of the State Constitution or this section 236
if the employer takes adverse action against an employee within 237
90 days after the employee exercises a right under paragraph 238
(b). If an employee is a seasonal worker and his or her work 239
ended before the end of the 90-day period, the rebuttable 240
presumption applies if the employer fails to rehire the seasonal 241
worker in the same position at the next opportunity. The 242
rebuttable presumption may be overcome by clear and convincing 243
evidence. 244
(d) The protections provided under this section apply to 245
any employee who alleges a violation of s. 24, Art. X of the 246
State Constitution or this section in good faith. Any complaint 247
or other communication by an employee alleging a violation of s. 248
24, Art. X of the State Constitution or this section triggers 249
the protections under this section even if the complaint or 250

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communication does not specifically reference this section. 251
(e) An employee who believes he or she has been 252
discriminated or retaliated against for exercising a right under 253
s. 24, Art. X of the State Constitution or this section may file 254
a complaint with the department or a civil action in a court of 255
competent jurisdiction within 4 years after the alleged 256
violation or, in the case of a willful violation, within 5 years 257
after the alleged violation. 258
(7) An employer has the burden of proving that a person is 259
an independent contractor and not an employee. A person who 260
receives remuneration for services provided is considered an 261
employee unless the employer proves: 262
(a) The person is free from control or direction by the 263
employer over the performance of such service. 264
(b) The service provided by the person is outside the 265
usual course of business of the employer. 266
(c) The person is customarily engaged in an independently 267
established trade, occupation, profession, or business. 268
(8) A person or entity may not enter into a contract or 269
agreement with an independent contractor for labor or services 270
if the person or entity knows or should know that the contract 271
or agreement does not include funds sufficient to allow the 272
independent contractor to comply with all applicable local, 273
state, and federal laws or regulations governing the labor or 274
services to be provided. 275

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(9)(a) The department may commence investigations, 276
actions, and proceedings necessary to enforce this section. The 277
department has the sole discretion whether to investigate an 278
employer to determine if a violation of this section has 279
occurred. 280
(b) In order to encourage a person or organization to 281
report a suspected violation of this section, the department: 282
1. Must keep the name and other identifying information 283
about the reporter confidential to the extent permitted by law. 284
The department may disclose the reporter's name or 285
identification with the written consent of the reporter. 286
2. Must provide a notice form to an employer being 287
investigated, which must be posted in a conspicuous and 288
accessible location at the workplace, notifying the employees 289
that the department is conducting an investigation under this 290
section. The notice form must be in English and any other 291
language that is the primary language of a majority of the 292
employees in the workplace. If display of the notice form is not 293
feasible, the employer must provide it to each employee through 294
electronic means and also provide each employee a physical copy 295
of the notice form. 296
3. May certify the eligibility of a person for a visa 297
under 8 U.S.C. s. 1184(p) and 8 U.S.C. s. 1101(a)(15)(U), 298
subject to applicable federal law and regulations, and other 299
rules issued by the department. 300

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(10)(a) During an investigation under this section, the 301
department has the power to: 302
1. Enter and inspect the workplace. 303
2. Inspect and make copies of papers, books, accounts, 304
records, payroll, and other documents necessary to further its 305
investigation. 306
3. Question witnesses under oath and in a private 307
location. 308
4. Issue subpoenas to compel the attendance and testimony 309
of witnesses and the production of papers, books, accounts, 310
records, payroll, and other documents necessary to further its 311
investigation. 312
5. Take depositions and affidavits. 313
6. Investigate any facts, conditions, practices, or 314
matters as the department deems appropriate to determine whether 315
a violation of this section has occurred. 316
(b) If an employer fails to comply with a lawfully issued 317
subpoena or if a witness refuses to testify or be questioned, 318
the department may request that the court compel compliance by 319
initiating a proceeding for contempt. The court shall take 320
judicial notice under s. 90.202(13) of the department's seal, 321
"Department of Labor-State of Florida," and shall enforce any 322
subpoena issued by the secretary or his or her representative 323
under such seal. 324
(c) During an administrative or civil proceeding under 325

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this section, an employer may not introduce any documentation as 326
evidence that was not provided to the department. 327
(11)(a) During the course of an investigation under this 328
section, the department or the Attorney General may seek 329
injunctive relief upon a finding of reasonable cause that a 330
violation has occurred. 331
(b) When determining whether injunctive relief is 332
appropriate, the court shall consider any direct harm to an 333
employee from a violation of this section and the chilling 334
effect on other employees attempting to assert their rights 335
under this section. Reasonable cause exists for a court to issue 336
an injunction if an employee has faced adverse action for 337
asserting his or her rights under this section. 338
(c) A temporary injunction remains in effect until the 339
department issues a citation to the employer or until the 340
completion of an administrative hearing, whichever is longer, or 341
until a time certain set by the court. A temporary injunction 342
does not prohibit an employer from taking adverse action against 343
an employee for conduct unrelated to an alleged violation of 344
this section. 345
(d) The court may issue a preliminary or permanent 346
injunction if it determines such injunction is just and proper. 347
(12)(a) If a violation of this section is found during an 348
investigation and the violation has not been remedied by the end 349
of the investigation, the department must issue a citation to 350

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the employer. The citation must be in writing and describe the 351
nature of the violation and include any and all appropriate 352
relief. Appropriate relief includes requiring an employer to 353
cease and desist; to take any action necessary to remedy the 354
violation, such as rehiring or reinstating an employee, 355
reimbursing lost wages, or paying liquidated damages or other 356
fines and penalties; to take training classes relating to 357
compliance with this section; or to submit to compliance 358
monitoring by the department. The department shall serve the 359
citation in a manner provided by the Florida Rules of Civil 360
Procedure. The citation must advise the employer of his or her 361
right to an administrative hearing to have the citation 362
reviewed. 363
(b) Within 30 days after service of a citation, an 364
employer must comply with all appropriate relief specified in 365
the citation or may obtain review of the citation by providing a 366
written request for review to the office of the secretary. Upon 367
receipt of a written request for review, the secretary shall 368
assign the citation to an administrative law judge to conduct a 369
hearing and issue a written decision. Hearings conducted under 370
this subsection are governed by the department and the rules of 371
practice and procedure adopted by the department. 372
(c) An administrative hearing must commence within 90 days 373
after receipt of a timely submitted request for review. The 374
administrative law judge must render a written decision within 375

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90 days after the conclusion of the hearing. The decision must 376
include a statement of findings, conclusions of law, and a 377
recommended order that specifies all appropriate relief as 378
authorized under paragraph (a), including the amount required 379
for an appeal bond should the employer choose to obtain review 380
of the order issued under this paragraph. The decision must be 381
served on all parties in a manner provided by the Florida Rules 382
of Civil Procedure. If the recommended order includes a monetary 383
remedy, the amount is due 45 days after the written decision is 384
properly served on the employer. 385
(d)1. An employer may obtain review of the written 386
decision and order issued under paragraph (c) by filing a 387
petition for a writ of mandamus to a court having jurisdiction 388
within 45 days after the written decision is properly served on 389
the employer. If a petition for a writ of mandamus is not filed 390
within the appropriate time, the recommended order in the 391
written decision becomes final. 392
2. Before an employer may obtain review of the decision, 393
he or she must post an appeal bond, in the amount specified in 394
the recommended order, issued by a licensed surety or as a cash 395
deposit with the court. The employer shall provide written 396
notice to the department and any other parties of the posting of 397
the appeal bond. 398
3. A court may overturn a decision based on abuse of 399
discretion. An employer establishes an abuse of discretion if he 400

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or she alleges that the findings are not supported by the 401
evidence and the court determines that the findings are not 402
supported by substantial evidence when looking at the entire 403
record. 404
4. If the court issues an order in favor of the aggrieved 405
party or if the appeal is withdrawn or dismissed without entry 406
of judgment, the employer is liable for the relief specified in 407
the written decision from the administrative hearing, unless the 408
parties execute a settlement agreement, in which case the 409
employer is liable for the relief specified in the settlement 410
agreement. If the written decision from the administrative 411
hearing or the settlement agreement provide for monetary relief, 412
and the employer fails to pay the amount owed within 10 days 413
after entry of a judgment, dismissal or withdrawal of the 414
appeal, or the execution of a settlement agreement, a portion of 415
the appeal bond equal to the amount owed, or the entire appeal 416
bond if the amount owed exceeds the amount of the bond, must be 417
paid to the aggrieved party. 418
5. If the employer does not request review of the citation 419
under paragraph (b), file a writ of mandamus under subparagraph 420
1., or post the appeal bond as required in subparagraph 2., and 421
the time to do so has expired, or if the petition for a writ of 422
mandamus is dismissed or withdrawn without entry of judgment, 423
the clerk of the court must certify a copy of the citation or 424
written decision and order issued by the department or by the 425

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administrative law judge, respectively, and enter judgment for 426
this state or an aggrieved party. The judgment has the same 427
force and effect as a judgment entered in a civil action and may 428
be enforced in the same manner as any other judgment of the 429
court. The court shall give priority to petitions to enforce a 430
judgment entered under this section. 431
6. If an employer fails to comply with a citation or final 432
order, whether issued by the department, administrative law 433
judge, or court, and has exhausted all reviews or appeals or the 434
time to file a review or appeal has expired, the department or 435
the Attorney General may commence and prosecute a civil action 436
to recover unpaid wages, including interest, fines, or 437
penalties; equitable relief; or liquidated damages owed to an 438
aggrieved person. The prevailing party is entitled to applicable 439
fines or civil penalties and reasonable attorney fees and costs. 440
(6)(a) Any person aggrieved by a violation of this section 441
may bring a civil action in a court of competent jurisdiction 442
against an employer violating this section or a party violating 443
subsection (5). However, prior to bringing any claim for unpaid 444
minimum wages pursuant to this section, the person aggrieved 445
shall notify the employer alleged to have violated this section, 446
in writing, of an intent to initiate such an action. The notice 447
must identify the minimum wage to which the person aggrieved 448
claims entitlement, the actual or estimated work dates and hours 449
for which payment is sought, and the total amount of alleged 450

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unpaid wages through the date of the notice. 451
(b) The employer shall have 15 calendar days after receipt 452
of the notice to pay the total amount of unpaid wages or 453
otherwise resolve the claim to the satisfaction of the person 454
aggrieved. The statute of limitations for bringing an action 455
pursuant to this section shall be tolled during this 15-day 456
period. If the employer fails to pay the total amount of unpaid 457
wages or otherwise resolve the claim to the satisfaction of the 458
person aggrieved, then the person aggrieved may bring a claim 459
for unpaid minimum wages, the terms of which must be consistent 460
with the contents of the notice. 461
(13)(a)(c)1. Upon prevailing in a civil an action brought 462
under paragraph (6)(e) pursuant to this section, aggrieved 463
persons shall recover the full amount of any unpaid back wages, 464
plus interest, unlawfully withheld plus up to two times the 465
unpaid wages the same amount as liquidated damages and shall be 466
awarded reasonable attorney attorney's fees and costs. 467
Additionally, As provided under the federal Fair Labor Standards 468
Act, pursuant to s. 11 of the Portal-to-Portal Act of 1947, 29 469
U.S.C. s. 260, if the employer proves by a preponderance of the 470
evidence that the act or omission giving rise to such action was 471
in good faith and that the employer had reasonable grounds for 472
believing that his or her act or omission was not a violation of 473
s. 24, Art. X of the State Constitution, the court may, in its 474
sound discretion, award no liquidated damages or award any 475

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amount thereof not to exceed an amount equal to the amount of 476
unpaid minimum wages. The court shall not award any economic 477
damages on a claim for unpaid minimum wages not expressly 478
authorized in this section. 479
2. Upon prevailing in an action brought pursuant to this 480
section, aggrieved persons are shall also be entitled to such 481
legal or equitable relief as may be appropriate to remedy the 482
violation, including, without limitation, reinstatement in 483
employment and injunctive relief. However, any entitlement to 484
legal or equitable relief in an action brought under s. 24, Art. 485
X of the State Constitution or this section may shall not 486
include punitive damages. 487
(b) If an employer is found to have willfully violated 488
this section, the department, administrative law judge, or court 489
may impose a fine of $1,000 per violation payable to this state. 490
(c) Any employer or other person found to have hindered, 491
prevented, impeded, or interfered with the department or 492
administrative hearing body in the performance of their duties 493
is subject to a civil penalty of not less than $1,000 and not 494
more than $5,000, which may be assessed by the department, 495
administrative law judge, or court. 496
(d) If the department, administrative law judge, or court 497
finds that an employer took adverse action or retaliated against 498
an employee in violation of subsection (6): 499
1. The department, administrative law judge, or court may 500

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order reinstatement of the aggrieved party, front pay in lieu of 501
reinstatement, backpay, liquidated damages up to two times the 502
amount of the unpaid wages, and other compensatory damages as 503
appropriate. 504
2. The department, administrative law judge, or court may 505
impose an administrative penalty not to exceed $5,000 payable to 506
the aggrieved party. 507
(e)(d) Any civil action brought under s. 24, Art. X of the 508
State Constitution and this section is shall be subject to s. 509
768.79. 510
(7) The Attorney General may bring a civil action to 511
enforce this section. The Attorney General may seek injunctive 512
relief. In addition to injunctive relief, or in lieu thereof, 513
for any employer or other person found to have willfully 514
violated this section, the Attorney General may seek to impose a 515
fine of $1,000 per violation, payable to the state. 516
(14)(8) The statute of limitations for an action brought 517
under pursuant to this section is shall be for the period of 518
time specified in s. 95.11 beginning on the date the alleged 519
violation occurred. The statute of limitations applicable to an 520
action under this section is tolled during the department's 521
investigation and any administrative enforcement under this 522
section. 523
(15)(9) Actions brought under pursuant to this section may 524
be brought as a class action pursuant to Rule 1.220, Florida 525

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Rules of Civil Procedure. In any class action brought under 526
pursuant to this section, the plaintiffs must shall prove, by a 527
preponderance of the evidence, the individual identity of each 528
class member and the individual damages of each class member. 529
(16)(10) This section is shall constitute the exclusive 530
remedy under state law for violations of s. 24, Art. X of the 531
State Constitution. 532
(17) The department shall make reasonable efforts to 533
ensure that judgments against an employer are satisfied and may 534
use any remedy that is available to a judgment creditor to 535
collect an unsatisfied judgment. The department may collect 536
wages, damages, and other monetary remedies on behalf of an 537
employee. The department acts as the trustee of any unsatisfied 538
judgment it collects and shall deposit such wages, damages, or 539
other monetary remedy in the appropriate fund as provided by 540
rule. The department shall conduct a diligent search for any 541
employee for whom it collects an unsatisfied judgment. 542
(18)(a) Beginning on the 20th day after a judgment is 543
entered by the clerk of the court under paragraph (12)(d) or 544
otherwise by a court of competent jurisdiction in favor of this 545
state or an aggrieved party, the department may issue a notice 546
of levy on all persons having in their possession or under their 547
control any credits, money, or property belonging to the 548
judgment debtor. If the levy is made on credits, money, or 549
property in the possession or under the control of a bank, 550

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savings and loan association, or other financial institution as 551
defined in 42 U.S.C. s. 669a(d)(1), the notice of levy may be 552
mailed or hand-delivered to a centralized location designated by 553
the bank, savings and loan association, or other financial 554
institution. 555
(b) Any person who receives a notice of levy shall 556
surrender the credits, money, or property to the department or 557
pay to the department the amount of any debt owed within 10 days 558
after service of the levy. Any person who surrenders to the 559
department any credits, money, or property of the judgment 560
debtor is discharged from any obligation or liability to the 561
judgment debtor relating to the amount paid to the department. 562
(c) Any person who receives a notice of levy from the 563
department and fails or refuses to surrender any credits, money, 564
or property of the judgment debtor is liable to the department 565
for the amount specified in the notice of levy. 566
(d) Any fees, commissions, expenses, or costs associated 567
with the sale of property levied under this subsection are the 568
obligation of the judgment debtor and may be collected by virtue 569
of the levy or in any other manner as though the fees, 570
commissions, expenses, or costs were part of the judgment. 571
(e) The department may create a lien on any real or 572
personal property of an employer found in violation of s. 24, 573
Art. X of the State Constitution or this section. The department 574
must release the lien upon final satisfaction of any judgment 575

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entered in favor of an aggrieved party or the department, or 576
upon adjudication of the claim in favor of the employer. A lien 577
created under this paragraph lasts 10 years after the date it is 578
created unless the lien is satisfied or released. A lien created 579
under this paragraph is in addition to any other rights 580
available to an aggrieved party or the department. 581
(19)(a) If a citation issued by the department, written 582
decision and order issued by an administrative law judge, or 583
final judgment awarded under this section remains unsatisfied 30 584
days after all reviews and appeals have been exhausted or the 585
time to request a review or file an appeal has expired, the 586
department may issue a stop-order prohibiting the employer from 587
conducting business in this state using employee labor, 588
including conducting business using the labor of another 589
business, contractor, or subcontractor instead of the labor of 590
an employee, until the judgment is satisfied. The stop-order is 591
effective upon receipt of the order and the employer must pay 592
employees up to 10 days of lost wages due to the stop-order. 593
(b) An employer may appeal the stop-order by filing, 594
within 20 days after receipt of the stop-order, a written 595
request with the department for an administrative hearing. The 596
hearing must be held within 5 days after receipt of the written 597
request, at which time the stop-order must be affirmed or 598
dismissed and the department shall mail a written notice of 599
findings by United States mail to all parties within 24 hours 600

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after the conclusion of the hearing. A party may appeal the 601
written notice of findings to a court of competent jurisdiction 602
within 45 days after the notice is mailed. The department may 603
seek injunctive or other appropriate relief to enforce the stop-604
order and is entitled to attorney fees and costs if the 605
department prevails. 606
(c) An employer, an owner, a director, an officer, or a 607
managing agent of an employer who fails to comply with a stop-608
order issued under this subsection is guilty of a misdemeanor of 609
the second degree, punishable as provided in s. 775.082 or s. 610
775.083. 611
(d) This subsection does not apply if the stop-order would 612
compromise public safety or the life, health, and care of a 613
vulnerable person as defined in s. 435.02. 614
(20) If a citation issued by the department, written 615
decision and order issued by an administrative law judge, or 616
final judgment awarded under this section remains unsatisfied 30 617
days after all reviews or appeals have been exhausted or the 618
time to request a review or file an appeal has expired, the 619
department may request that the appropriate state agency, and 620
the state agency is authorized to, deny, suspend, or revoke any 621
license held by the employer until such time as the judgment is 622
satisfied. 623
(21) Any person acting on behalf of an employer may be 624
held liable as the employer for a violation of s. 24, Art. X of 625

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the State Constitution or this section. A client employer is 626
jointly and severally liable with a labor contractor for the 627
payment of unpaid wages, interest, liquidated damages, fines, or 628
penalties awarded under this section. 629
(22) All employers, client employers, and labor 630
contractors shall create records documenting compliance with s. 631
24, Art. X of the State Constitution and this section in 632
accordance with department rules. Records must be maintained for 633
a minimum of 5 years after an employee leaves the employment of 634
the employer or client employer, or is no longer working with a 635
labor contractor. An employer, client employer, or labor 636
contractor must allow the department reasonable access to the 637
records when requested. If an employee, or other authorized 638
person or entity, alleges a violation of s. 24, Art. X of the 639
State Constitution or this section and the employer, client 640
employer, or labor contractor has not created and maintained 641
records as required under this subsection, there is a rebuttable 642
presumption that the employer, client employer, or labor 643
contractor is in violation of the law. The employer, client 644
employer, or labor contractor can overcome this presumption with 645
clear and convincing evidence. 646
(23) The department may enter into agreements with local, 647
state, or federal agencies to assist in the administration and 648
enforcement of this section. 649
(24) Subject to appropriation of funds by the Legislature, 650

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the department shall establish and maintain an outreach and 651
education partnership program to promote awareness of, and 652
compliance with, s. 24, Art. X of the State Constitution and 653
this section. The department shall pursue partnerships with 654
community-based organizations and unions through a competitive 655
request for proposals. Duties of the outreach and education 656
partnership program may include: 657
(a) Disseminating information and conducting outreach and 658
training to educate employees about their rights. 659
(b) Conducting educational training for employers about 660
their obligations. 661
(c) Assisting employees with filing a claim for a 662
violation under s. 24, Art. X of the State Constitution or this 663
section. 664
(d) Assisting the department in conducting investigations 665
under this section, including the collection of evidence and 666
enforcement of a judgment. 667
(e) Monitoring compliance with s. 24, Art. X of the State 668
Constitution and this section. 669
(f) Establishing networks for education, communication, 670
and participation in the workplace and community. 671
(g) Producing and disseminating training materials to 672
employers and employees. 673
(25)(11) Except for calculating the adjusted state minimum 674
wage and publishing the initial state minimum wage and any 675

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annual adjustments thereto, the authority of the department of 676
Commerce in implementing s. 24, Art. X of the State 677
Constitution, pursuant to this section, is shall be limited to 678
that authority expressly granted by the Legislature. 679
Section 4. Section 448.112, Florida Statutes, is created 680
to read: 681
448.112 Department of Labor Community Advisory Board.—The 682
Department of Labor Community Advisory Board is established 683
within the Department of Labor. 684
(1) The advisory board shall consist of the following 685
members who must be approved by the Secretary of the Department 686
of Labor: 687
(a) A representative from the Department of Labor. 688
(b) A representative from the Department of Commerce. 689
(c) A representative from the Department of Education. 690
(d) A representative from the Florida Chamber of Commerce. 691
(e) A representative from a small business as defined in 692
s. 288.703. 693
(f) Four representatives from labor organizations as 694
defined in s. 447.02(1) throughout this state. 695
(2) Members of the advisory board shall be appointed for 696
2-year terms, which shall be staggered. 697
(3) Members of the advisory board shall serve without 698
compensation and are not entitled to receive reimbursement for 699
per diem or travel expenses. 700

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(4) The advisory board shall meet at least three times a 701
year in order to review reports and projects of the Department 702
of Labor. Meetings of the advisory board must be open to the 703
public and provide the opportunity for public comment. 704
(5) The advisory board shall submit an annual report to 705
the Secretary of the Department of Labor recommending changes to 706
existing state policies and programs to ensure worker safety and 707
equity, with particular emphasis on racial equity and low-wage 708
and migrant workers. 709
(6) By January 1, 2027, and annually thereafter, the 710
Secretary of the Department of Labor shall submit the annual 711
report to the Governor, the President of the Senate, and the 712
Speaker of the House of Representatives. 713
Section 5. This act shall take effect July 1, 2026. 714