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Florida Senate
-
2026
SB 358
By
Senator Smith
17-00092-26 2026358__
1 A bill to be entitled
2 An act relating to the Division of Labor Standards;
3 amending s. 20.60, F.S.; creating the Division of
4 Labor Standards within the Department of Commerce for
5 specified purposes; specifying that the department is
6 the state’s chief agency for employee protection;
7 requiring the department to support and protect the
8 state’s workforce in a specified manner; amending s.
9 448.109, F.S.; revising requirements for notifying
10 employees of certain rights; amending s. 448.110,
11 F.S.; designating the Division of Labor Standards as
12 the state Agency for Workforce Innovation for purposes
13 of implementing s. 24, Art. X of the State
14 Constitution; defining terms; revising the protected
15 rights of an employee; creating a rebuttable
16 presumption and burden of proof for an employer;
17 providing applicability; revising the process for
18 filing a complaint for a violation of protected
19 rights; specifying that certain actions are violations
20 of the state minimum wage law; prohibiting a person or
21 an entity from entering into certain contracts;
22 authorizing and providing the division certain powers
23 to conduct investigations, issue citations, enforce
24 and collect judgments by certain means, and partner
25 with other entities for enforcement and education
26 outreach; prohibiting an employer from introducing at
27 an administrative or civil proceeding any
28 documentation as evidence that was not provided to the
29 division; providing for injunctive relief under
30 certain circumstances; providing a process for review
31 of a citation, levy, or stop-order issued by the
32 division; authorizing an aggrieved person to file a
33 civil action; providing penalties; tolling the statute
34 of limitations during an investigation; providing
35 liability; requiring all employers, client employers,
36 and labor contractors to create records; requiring
37 that such records be maintained for a specified length
38 of time and be reasonably accessible to the division;
39 authorizing the division to enter into agreements with
40 local, state, or federal agencies to assist in
41 administration and enforcement; requiring the division
42 to establish and maintain an outreach and education
43 partnership program for a specified purpose; providing
44 the duties of the program; creating s. 448.112, F.S.;
45 creating the Division of Labor Standards Community
46 Advisory Board within the Division of Labor Standards;
47 providing for membership, meetings, and duties of the
48 advisory board; requiring the director to submit an
49 annual report to the Governor and the Legislature by a
50 specified date; providing for future legislative
51 review and repeal of the advisory board; providing an
52 effective date.
53
54 Be It Enacted by the Legislature of the State of Florida:
55
56 Section 1. Paragraph (a) of subsection (3) and subsection
57 (4) of section 20.60, Florida Statutes, are amended to read:
58 20.60 Department of Commerce; creation; powers and duties.—
59 (3)(a) The following divisions and offices of the
60 Department of Commerce are established:
61 1. The Division of Economic Development.
62 2. The Division of Community Development.
63 3. The Division of Workforce Services.
64 4. The Division of Finance and Administration.
65 5. The Division of Information Technology.
66 6. The Office of the Secretary.
67 7. The Office of Economic Accountability and Transparency,
68 which shall:
69 a. Oversee the department’s critical objectives as
70 determined by the secretary and make sure that the department’s
71 key objectives are clearly communicated to the public.
72 b. Organize department resources, expertise, data, and
73 research to focus on and solve the complex economic challenges
74 facing the state.
75 c. Provide leadership for the department’s priority issues
76 that require integration of policy, management, and critical
77 objectives from multiple programs and organizations internal and
78 external to the department; and organize and manage external
79 communication on such priority issues.
80 d. Promote and facilitate key department initiatives to
81 address priority economic issues and explore data and identify
82 opportunities for innovative approaches to address such economic
83 issues.
84 e. Promote strategic planning for the department.
85
8.
The Division of Labor Standards, which shall:
86
a.
Administer and enforce s. 24, Art. X of the State
87
Constitution, s. 448.110, and any other statutes or laws, or
88
parts thereof, over which the division has been granted
89
administrative or enforcement authority by the Legislature.
90
b.
Promote compliance with s. 24, Art. X of the State
91
Constitution, s. 448.110, and any other statutes or laws, or
92
parts thereof, over which the division has been granted
93
administrative or enforcement authority by the Legislature
94
through investigative and enforcement actions, local outreach,
95
technical assistance, and training.
96
c.
Investigate and ascertain the wages of persons employed
97
in any occupation or place of employment in the state as the
98
division finds necessary and proper.
99
d.
Partner with communities, businesses, and employees in
100
the state for stakeholder input and collaboration.
101
e.
Adopt rules as necessary to carry out the functions and
102
purposes of the division.
103 (4) The purpose of the department is to assist the Governor
104 in working with the Legislature, state agencies, business
105 leaders, and economic development professionals to formulate and
106 implement coherent and consistent policies and strategies
107 designed to promote economic opportunities for all Floridians.
108 The department is the state’s chief agency for business
109 recruitment and expansion
, employee protection,
and economic
110 development. To accomplish such purposes, the department shall:
111 (a) Facilitate the direct involvement of the Governor and
112 the Lieutenant Governor in economic development and workforce
113 development projects designed to create, expand, and retain
114 businesses in this state; to recruit business from around the
115 world; to promote the state as a pro-business location for new
116 investment; and to facilitate other job-creating efforts.
117 (b) Recruit new businesses to this state and promote the
118 expansion of existing businesses by expediting permitting and
119 location decisions, worker placement and training, and incentive
120 awards.
121 (c) Promote viable, sustainable communities by providing
122 technical assistance and guidance on growth and development
123 issues, grants, and other assistance to local communities.
124 (d) Ensure that the state’s goals and policies relating to
125 economic development, workforce development, community planning
126 and development, and affordable housing are fully integrated
127 with appropriate implementation strategies.
128 (e) Manage the activities of public-private partnerships
129 and state agencies in order to avoid duplication and promote
130 coordinated and consistent implementation of programs in areas
131 including, but not limited to, tourism; international trade and
132 investment; business recruitment, creation, retention, and
133 expansion; minority and small business development; defense,
134 space, and aerospace development; rural community development;
135 and the development and promotion of professional and amateur
136 sporting events.
137 (f) Coordinate with state agencies on the processing of
138 state development approvals or permits to minimize the
139 duplication of information provided by the applicant and the
140 time before approval or disapproval.
141 (g) Contract with the Florida Sports Foundation to guide,
142 stimulate, and promote the sports industry in this state; to
143 promote the participation of residents of this state in amateur
144 athletic competition; and to promote this state as a host for
145 national and international amateur athletic competitions.
146 (h) Encourage and oversee the coordination of international
147 trade development efforts of public institutions, business
148 associations, economic development councils, and private
149 industry.
150 (i) Contract with the direct-support organization created
151 in s. 288.012, to assist with coordination described in
152 paragraph (h); provide services through State of Florida
153 international offices; and assist in developing and carrying out
154 the 5-year statewide strategic plan as it relates to foreign
155 investment, international partnerships, and other international
156 business and trade development.
157 (j) Support Florida’s defense, space, and aerospace
158 industries, including research and development, and strengthen
159 this state’s existing leadership in defense, space, and
160 aerospace activity and economic growth.
161 (k) Assist, promote, and enhance economic opportunities for
162 this state’s minority-owned businesses and rural and urban
163 communities.
164 (l) Contract with the Florida Tourism Industry Marketing
165 Corporation to execute tourism promotion and marketing services,
166 functions, and programs for the state and advise the department
167 on the development of domestic and international tourism
168 marketing campaigns featuring this state.
169
(m)
Support and protect the state’s workforce and bolster
170
state revenue by ensuring fair pay for employees and
171
strengthening business through fair competition.
172 Section 2. Subsections (2) and (3) of section 448.109,
173 Florida Statutes, are amended to read:
174 448.109 Notification of the state minimum wage.—
175 (2) Each employer
required to
who must
pay an employee the
176 Florida minimum wage shall prominently display a poster
as
177
prescribed in
substantially similar to the one made available
178
pursuant to
subsection (3) in a conspicuous and accessible place
179 in each establishment where such employees are employed.
180 (3)
(a)
Each year the
Division of Labor Standards
Department
181
of Commerce
shall, on or before December 1, create and make
182 available to employers a poster in English
,
and in
Spanish
, and
183
any other language, as necessary. The poster must:
184
(a)
Give notice of all of the following:
185
1.
The right to the minimum wage as provided by s. 24, Art.
186
X of the State Constitution and s. 448.110.
187
2.
The right to be protected from discrimination,
188
retaliation, and adverse action for exercising in good faith any
189
right protected under s. 24, Art. X of the State Constitution
190
and s. 448.110.
191
3.
The right to file a complaint with the Division of Labor
192
Standards or bring a civil action in a court of competent
193
jurisdiction for a violation of s. 24, Art. X of the State
194
Constitution or s. 448.110
which reads substantially as follows:
195
NOTICE TO EMPLOYEES
196
The Florida minimum wage is $ ...(amount)... per hour, with a
197
minimum wage of at least $ ...(amount)... per hour for tipped
198
employees, in addition to tips, for January 1, ...(year)...,
199
through December 31, ...(year)....
200
The rate of the minimum wage is recalculated yearly on September
201
30, based on the Consumer Price Index. Every year on January 1
202
the new Florida minimum wage takes effect.
203
An employer may not retaliate against an employee for exercising
204
his or her right to receive the minimum wage. Rights protected
205
by the State Constitution include the right to:
206
1.
File a complaint about an employer’s alleged noncompliance
207
with lawful minimum wage requirements.
208
2.
Inform any person about an employer’s alleged noncompliance
209
with lawful minimum wage requirements.
210
3.
Inform any person of his or her potential rights under
211
Section 24, Article X of the State Constitution and to
212
assist him or her in asserting such rights.
213
An employee who has not received the lawful minimum wage after
214
notifying his or her employer and giving the employer 15 days to
215
resolve any claims for unpaid wages may bring a civil action in
216
a court of law against an employer to recover back wages plus
217
damages and attorney’s fees.
218
An employer found liable for intentionally violating minimum
219
wage requirements is subject to a fine of $1,000 per violation,
220
payable to the state.
221
The Attorney General or other official designated by the
222
Legislature may bring a civil action to enforce the minimum
223
wage.
224
For details see Section 24, Article X of the State Constitution
.
225 (b)
The poster must
Be at least 8.5 inches by 11 inches and
226 in a format easily seen by employees. The text in the poster
227 must be of a conspicuous size. The text in the first line must
228 be larger than the text of any other line, and the text of the
229 first sentence must be in bold type and larger than the text in
230 the remaining lines.
231 Section 3. Section 448.110, Florida Statutes, is amended to
232 read:
233 448.110 State minimum wage; annual wage adjustment;
234 enforcement.—
235 (1) This section may be cited as the “Florida Minimum Wage
236 Act.”
237 (2) The purpose of this section is to provide measures
238 appropriate for the implementation of s. 24, Art. X of the State
239 Constitution, in accordance with authority granted to the
240 Legislature
under
pursuant to
s. 24(f), Art. X of the State
241 Constitution. To implement s. 24, Art. X of the State
242 Constitution, the
Division of Labor Standards, a division within
243
the
Department of Commerce is designated as the state Agency for
244 Workforce Innovation.
245
(3)
As used in this section, the term:
246
(a)
“Adverse action” means the discharge, suspension,
247
transfer, or demotion of an employee; the withholding of wages,
248
bonuses, benefits, or workable hours; filing, or threatening to
249
file, a false report with a government agency or engaging in
250
unfair immigration-related practices; or any other adverse
251
action taken against an employee within the terms and conditions
252
of employment by an employer.
253
(b)
“Client employer” means a business entity, regardless
254
of its form, which obtains or is provided employees to perform
255
labor within its usual course of business from a labor
256
contractor. The term does not include:
257
1.
A business entity with a workforce of 25 or fewer
258
employees, including those hired directly by the client employer
259
and those obtained from or provided by a labor contractor.
260
2.
A business entity with a workforce of 5 or fewer
261
employees supplied by a labor contractor to the client employer
262
at any given time.
263
3.
This state or a political subdivision of this state.
264
(c)
“Director” means the director of the Division of Labor
265
Standards.
266
(d)
“Division” means the Division of Labor Standards of the
267
Department of Commerce.
268
(e)
“Employee” means a person employed by an employer,
269
including, but not limited to, full-time employees, part-time
270
employees, and temporary employees.
271
(f)
“Employer” has the same meaning as established under
272
the federal Fair Labor Standards Act and its implementing
273
regulations in effect on July 1, 2026.
274
(g)
“Judgment debtor” means each person who is liable on a
275
judgment or an order to pay a sum of money that remains
276
unsatisfied.
277
(h)
“Labor contractor” means a person or an entity that,
278
with or without a contract, supplies a client employer with
279
employees to perform labor within the client employer’s usual
280
course of business. The term does not include a bona fide
281
nonprofit, community-based organization that provides services
282
to employees or a labor organization or apprenticeship program
283
operating under a collective bargaining agreement.
284
(i)
“Usual course of business” means the regular and
285
customary work of a business entity performed within or upon the
286
premises or worksite of the client employer.
287
(4)
(3)
Employers shall pay employees a minimum wage at an
288 hourly rate of $6.15 for all hours worked in Florida. Only those
289 individuals entitled to receive the federal minimum wage under
290 the federal Fair Labor Standards Act, as amended, and its
291 implementing regulations shall be eligible to receive the state
292 minimum wage
under this section and
pursuant to
s. 24, Art. X of
293 the State Constitution
and this section
.
Sections 213 and 214
294
The provisions of ss. 213 and 214
of the federal Fair Labor
295 Standards Act, as interpreted by applicable federal regulations
296 and implemented by the Secretary of Labor, are incorporated
297 herein.
298
(5)(a)
(4)(a)
Beginning September 30, 2005, and annually on
299 September 30 thereafter, the
division
department of Commerce
300 shall calculate an adjusted state minimum wage rate by
301 increasing the state minimum wage by the rate of inflation for
302 the 12 months prior to September 1. In calculating the adjusted
303 state minimum wage, the
division
department of Commerce
shall
304 use the Consumer Price Index for Urban Wage Earners and Clerical
305 Workers, not seasonally adjusted, for the South Region or a
306 successor index as calculated by the United States Department of
307 Labor. Each adjusted state minimum wage rate shall take effect
308 on the following January 1, with the initial adjusted minimum
309 wage rate to take effect on January 1, 2006.
310 (b) The Department of Revenue and the
division
department
311
of Commerce
shall annually publish the amount of the adjusted
312 state minimum wage and the effective date. Publication shall
313 occur by posting the adjusted state minimum wage rate and the
314 effective date on the Internet home pages of the
division
315
department of Commerce
and the Department of Revenue by October
316 15 of each year. In addition, to the extent funded in the
317 General Appropriations Act, the
division
department of Commerce
318 shall provide written notice of the adjusted rate and the
319 effective date of the adjusted state minimum wage to all
320 employers registered in the most current reemployment assistance
321 database. Such notice shall be mailed by November 15 of each
322 year using the addresses included in the database. Employers are
323 responsible for maintaining current address information in the
324 reemployment assistance database. The
division
department of
325
Commerce
is not responsible for failure to provide notice due to
326 incorrect or incomplete address information in the database. The
327
division
department of Commerce
shall provide the Department of
328 Revenue with the adjusted state minimum wage rate information
329 and effective date in a timely manner.
330
(6)(a)
(5)
It
is
shall be
unlawful for an employer or any
331 other party to discriminate in any manner or take adverse action
332 against any person in retaliation for exercising rights
333 protected
under this section or
pursuant to
s. 24, Art. X of the
334 State Constitution.
335
(b)
Rights protected
under this section and s. 24, Art. X
336
of the State Constitution
include, but are not limited to
:
,
337
1.
The right to
file a complaint or
inform any person of
338 his or her potential rights
under this section or
pursuant to
s.
339 24, Art. X of the State Constitution and to assist him or her in
340 asserting such rights.
341
2.
The right to inform a person’s employer, union or other
342
similar organization, legal counsel, or any other person about
343
an alleged violation of this section or s. 24, Art. X of the
344
State Constitution.
345
3.
The right to file a complaint with the division or file
346
a civil action in a court of competent jurisdiction for an
347
alleged violation of this section or s. 24, Art. X of the State
348
Constitution.
349
4.
The right to cooperate with any investigation conducted
350
under this section and to testify in any proceeding or action
351
brought under this section.
352
5.
The right to refuse to participate in an activity that
353
violates city, state, or federal law.
354
6.
The right to oppose any policy, practice, or act that
355
violates this section or s. 24, Art. X of the State
356
Constitution.
357
(c)
There is a rebuttable presumption that an employer has
358
violated this section or s. 24, Art. X of the State Constitution
359
if the employer takes adverse action against an employee within
360
90 days after the employee exercises a right under paragraph
361
(b). If an employee is a seasonal worker and his or her work
362
ended before the end of the 90-day period, the rebuttable
363
presumption applies if the employer fails to rehire the seasonal
364
worker in the same position at the next opportunity. The
365
rebuttable presumption may be overcome by clear and convincing
366
evidence.
367
(d)
The protections provided under this section apply to
368
any employee who alleges a violation of this section or s. 24,
369
Art. X of the State Constitution in good faith. Any complaint or
370
other communication by an employee alleging a violation of this
371
section or s. 24, Art. X of the State Constitution triggers the
372
protections under this section even if the complaint or
373
communication does not specifically reference this section.
374
(e)
An employee who believes he or she has been
375
discriminated or retaliated against for exercising a right under
376
this section or s. 24, Art. X of the State Constitution may file
377
a complaint with the division or a civil action in a court of
378
competent jurisdiction within 4 years after the alleged
379
violation or, in the case of a willful violation, within 5 years
380
after the alleged violation.
381
(7)
An employer has the burden of proving that a person is
382
an independent contractor and not an employee. A person who
383
receives remuneration for services provided is considered an
384
employee unless the employer proves:
385
(a)
The person is free from control or direction by the
386
employer over the performance of such service.
387
(b)
The service provided by the person is outside the usual
388
course of business of the employer.
389
(c)
The person is customarily engaged in an independently
390
established trade, occupation, profession, or business.
391
(8)
It is a violation of this section:
392
(a)
To misclassify an employee as an independent
393
contractor; or
394
(b)
For a person or an entity to enter into a contract or
395
an agreement with an independent contractor for labor or
396
services if the person or entity knows or should know that the
397
contract or agreement does not include funds sufficient to allow
398
the independent contractor to comply with all applicable local,
399
state, and federal laws or regulations governing the labor or
400
services to be provided.
401
(9)(a)
The division may commence investigations, actions,
402
and proceedings necessary to enforce this section. The division
403
may, in its sole discretion, investigate an employer to
404
determine whether a violation of this section or s. 24, Art. X
405
of the State Constitution has occurred.
406
(b)
In order to encourage a person or an entity to report a
407
suspected violation of this section or s. 24, Art. X of the
408
State Constitution, the division:
409
1.
Shall keep the name and other personal identifying
410
information about the reporter confidential to the extent
411
permitted by law. The division may disclose the reporter’s name
412
or identification with the written consent of the reporter.
413
2.
Shall provide a notice form to an employer being
414
investigated, which must be posted in a conspicuous and
415
accessible location at the workplace, notifying the employees
416
that the division is conducting an investigation under this
417
section. The notice form must be in English and any other
418
language that is the primary language of a majority of the
419
employees in the workplace. If displaying the notice form is not
420
feasible, the employer must provide a copy to each employee
421
through electronic means and also in printed form.
422
3.
May certify the eligibility of a person for a visa under
423
8 U.S.C. s. 1184(p) and 8 U.S.C. s. 1101(a)(15)(U), subject to
424
applicable federal law and regulations, and other rules issued
425
by the division.
426
(10)(a)
During an investigation under this section, the
427
division has the power to:
428
1.
Enter and inspect the workplace.
429
2.
Inspect and make copies of papers, books, accounts,
430
records, payroll, and other documents necessary to further its
431
investigation.
432
3.
Question witnesses under oath and in a private location.
433
4.
Issue subpoenas to compel the attendance and testimony
434
of witnesses and the production of papers, books, accounts,
435
records, payroll, and other documents necessary to further its
436
investigation.
437
5.
Take depositions and affidavits.
438
6.
Investigate any facts, conditions, practices, or matters
439
as the division deems appropriate to determine whether a
440
violation of this section or s. 24, Art. X of the State
441
Constitution has occurred.
442
(b)
If an employer fails to comply with a lawfully issued
443
subpoena or if a witness refuses to testify or be questioned,
444
the division may request that the court compel compliance by
445
initiating a proceeding for contempt. The court shall take
446
judicial notice under s. 90.202(13) of the Department of
447
Commerce’s seal, “Department of Commerce-State of Florida,” and
448
shall enforce any subpoena issued by the director or his or her
449
representative under such seal.
450
(c)
During an administrative or civil proceeding under this
451
section, an employer may not introduce any documentation as
452
evidence that was not provided to the division.
453
(11)(a)
During the course of an investigation under this
454
section or if the division reasonably believes that an employer
455
has engaged in, is engaging in, or is about to engage in, a
456
violation of this section or s. 24, Art. X of the State
457
Constitution, the division or the Attorney General may seek
458
injunctive relief to:
459
1.
Prohibit the employer from continuing to engage or
460
engaging in the violation or doing any act in furtherance of the
461
violation.
462
2.
Prevent violations or attempted violations of this
463
section or s. 24, Art. X of the State Constitution.
464
3.
Prevent any attempt to interfere with or impede the
465
enforcement of this section.
466
4.
Exercise or perform any power or duty under this
467
section.
468
(b)
When determining whether injunctive relief is
469
appropriate, the court shall consider any potential or direct
470
harm to an employee from a violation of this section or s. 24,
471
Art. X of the State Constitution and the potential chilling
472
effect on other employees attempting to assert their rights
473
under this section or s. 24, Art. X of the State Constitution.
474
(c)
A temporary injunction remains in effect until the
475
division issues a citation to the employer or until the
476
completion of an administrative hearing, whichever is longer, or
477
until a time certain set by the court. A temporary injunction
478
does not prohibit an employer from taking adverse action against
479
an employee for conduct unrelated to an alleged violation of
480
this section or s. 24, Art. X of the State Constitution.
481
(d)
The court may issue a preliminary or permanent
482
injunction if it determines such injunction is just and proper.
483
(12)(a)
If a violation of this section or s. 24, Art. X of
484
the State Constitution is found during an investigation, and the
485
violation is not remedied through settlement or otherwise, the
486
division must issue a citation to the employer. The citation
487
must be in writing and describe the nature of the violation and
488
may include appropriate relief. Appropriate relief includes, but
489
is not limited to, requiring an employer to cease and desist; to
490
take any action necessary to remedy the violation, such as
491
rehiring or reinstating an employee, reimbursing lost wages plus
492
interest, or paying liquidated damages in an amount equal to two
493
times the unpaid wages, or other fines and penalties, including
494
a fine of up to $50 for each day a violation continues to exist
495
and for each employee to whom the violation occurred, payable to
496
the state or aggrieved employee; to take training classes
497
relating to compliance with this section; or to submit to
498
compliance monitoring by the division. The division shall serve
499
the citation in a manner provided by the Florida Rules of Civil
500
Procedure. The citation must advise the employer of his or her
501
right to an administrative hearing to have the citation
502
reviewed.
503
(b)
Within 30 days after service of a citation, an employer
504
must comply with all appropriate relief specified in the
505
citation or may obtain review of the citation by providing a
506
written request for review to the director. Upon receipt of a
507
written request for review, the director shall assign the
508
citation to an administrative law judge to conduct a hearing and
509
issue a written decision. Hearings conducted under this
510
subsection are governed by the division and the rules of
511
practice and procedure adopted by the division.
512
(c)
An administrative hearing must commence within 90 days
513
after receipt of a timely submitted request for review. The
514
administrative law judge shall render a written decision within
515
90 days after the conclusion of the hearing. The written
516
decision must include a statement of findings, conclusions of
517
law, and a recommended order that specifies all appropriate
518
relief as authorized under paragraph (a), including the amount
519
required for an appeal bond should the employer choose to obtain
520
review of the recommended order issued under this paragraph. The
521
decision must be served on all parties in a manner provided by
522
the Florida Rules of Civil Procedure. If the recommended order
523
includes a monetary remedy, the amount is due 45 days after the
524
written decision is properly served on the employer.
525
(d)1.
An employer may obtain review of the written decision
526
and recommended order issued under paragraph (c) by filing a
527
petition for a writ of mandamus to a court having jurisdiction
528
within 45 days after the written decision is properly served on
529
the employer. If a petition for a writ of mandamus is not filed
530
within the appropriate time, the recommended order in the
531
written decision becomes final.
532
2.
Before an employer may obtain review of the written
533
decision or recommended order, the employer must post an appeal
534
bond, in the amount specified in the recommended order, issued
535
by a licensed surety or as a cash deposit with the court. The
536
employer must provide written notice to the division and any
537
other parties of the posting of the appeal bond.
538
3.
A court may overturn a written decision based on abuse
539
of discretion. An employer establishes an abuse of discretion if
540
the employer alleges that the findings are not supported by the
541
evidence and the court determines that the findings are not
542
supported by substantial evidence when reviewing the entire
543
record.
544
4.
If the court issues an order in favor of the aggrieved
545
party or if the appeal is withdrawn or dismissed without entry
546
of judgment, the employer is liable for the relief specified in
547
the written decision from the administrative hearing, unless the
548
parties execute a settlement agreement, in which case the
549
employer is liable for the relief specified in the settlement
550
agreement. If the written decision from the administrative
551
hearing or the settlement agreement provides for monetary
552
relief, and the employer fails to pay the amount owed within 10
553
days after entry of an order, dismissal or withdrawal of the
554
appeal, or the execution of a settlement agreement, a portion of
555
the appeal bond equal to the amount owed, or the entire appeal
556
bond if the amount owed exceeds the amount of the bond, must be
557
paid to the aggrieved party.
558
5.
If the employer does not request review of the citation
559
under paragraph (b), file a writ of mandamus under subparagraph
560
1., or post the appeal bond as required in subparagraph 2., and
561
the time to do so has expired, or if the petition for a writ of
562
mandamus is dismissed or withdrawn without entry of judgment,
563
the clerk of the court must certify a copy of the citation or
564
written decision and recommended order issued by the division or
565
by the administrative law judge, respectively, and enter
566
judgment for the state or aggrieved party. The judgment has the
567
same force and effect as a judgment entered in a civil action
568
and may be enforced in the same manner as any other judgment of
569
the court. The court shall give priority to petitions to enforce
570
a judgment entered under this section.
571
6.
If an employer fails to comply with a citation or final
572
order, whether issued by the division, administrative law judge,
573
or court, and has exhausted all reviews or appeals or the time
574
to file a review or appeal has expired, the division or the
575
Attorney General may commence and prosecute a civil action to
576
recover unpaid wages, including interest, fines, or penalties;
577
equitable relief; and liquidated damages owed to an aggrieved
578
person. The prevailing party is entitled to recover applicable
579
fines or civil penalties and reasonable attorney fees and costs.
580
(13)(a)
A person aggrieved by a violation of this section
581
or s. 24, Art. X of the State Constitution may bring a civil
582
action in a court of competent jurisdiction.
583
(6)(a)
Any person aggrieved by a violation of this section
584
may bring a civil action in a court of competent jurisdiction
585
against an employer violating this section or a party violating
586
subsection (5). However, prior to bringing any claim for unpaid
587
minimum wages pursuant to this section, the person aggrieved
588
shall notify the employer alleged to have violated this section,
589
in writing, of an intent to initiate such an action. The notice
590
must identify the minimum wage to which the person aggrieved
591
claims entitlement, the actual or estimated work dates and hours
592
for which payment is sought, and the total amount of alleged
593
unpaid wages through the date of the notice.
594
(b)
The employer shall have 15 calendar days after receipt
595
of the notice to pay the total amount of unpaid wages or
596
otherwise resolve the claim to the satisfaction of the person
597
aggrieved. The statute of limitations for bringing an action
598
pursuant to this section shall be tolled during this 15-day
599
period. If the employer fails to pay the total amount of unpaid
600
wages or otherwise resolve the claim to the satisfaction of the
601
person aggrieved, then the person aggrieved may bring a claim
602
for unpaid minimum wages, the terms of which must be consistent
603
with the contents of the notice.
604
(c)1.
Upon prevailing in
a civil
an
action brought
under
605
paragraph (6)(e)
pursuant to this section
, aggrieved persons
606 shall recover the full amount of any unpaid back wages
, plus
607
interest,
unlawfully withheld plus
up to two times the unpaid
608
wages
the same amount
as liquidated damages and shall be awarded
609 reasonable
attorney
attorney’s
fees and costs.
Additionally
As
610
provided under the federal Fair Labor Standards Act, pursuant to
611
s. 11 of the Portal-to-Portal Act of 1947, 29 U.S.C. s. 260, if
612
the employer proves by a preponderance of the evidence that the
613
act or omission giving rise to such action was in good faith and
614
that the employer had reasonable grounds for believing that his
615
or her act or omission was not a violation of s. 24, Art. X of
616
the State Constitution, the court may, in its sound discretion,
617
award no liquidated damages or award any amount thereof not to
618
exceed an amount equal to the amount of unpaid minimum wages.
619
The court shall not award any economic damages on a claim for
620
unpaid minimum wages not expressly authorized in this section.
621
2.
Upon prevailing in an action brought pursuant to this
622
section
, aggrieved persons
are
shall also be
entitled to such
623 legal or equitable relief as may be appropriate to remedy the
624 violation, including, without limitation, reinstatement in
625 employment and injunctive relief. However, any entitlement to
626 legal or equitable relief in an action brought under
this
627
section or
s. 24, Art. X of the State Constitution
may
shall
not
628 include punitive damages.
629
(b)
In addition to any other remedies or penalties
630
authorized by law, if an employer is found to have willfully
631
violated this section or s. 24, Art. X of the State
632
Constitution, the division, administrative law judge, or court
633
may impose a fine of $1,000 per violation payable to the state.
634
(c)
In addition to any other remedies or penalties
635
authorized by law, any employer or other person found to have
636
hindered, prevented, impeded, or interfered with the division or
637
administrative hearing body in the performance of their duties
638
is subject to a civil penalty of no less than $1,000 and no more
639
than $5,000, which may be assessed by the division,
640
administrative law judge, or court.
641
(d)
In addition to any other remedies or penalties
642
authorized by law, if the division, administrative law judge, or
643
court finds that an employer took adverse action or retaliated
644
against an employee in violation of subsection (6):
645
1.
The division, administrative law judge, or court may
646
order reinstatement of the aggrieved party, front pay in lieu of
647
reinstatement, backpay, liquidated damages up to two times the
648
amount of the unpaid wages, and other compensatory damages as
649
appropriate.
650
2.
The division, administrative law judge, or court may
651
impose on the employer an administrative penalty, not to exceed
652
$5,000, payable to the aggrieved party.
653
(e)
In addition to any other remedies or penalties
654
authorized by law, if the division, administrative law judge, or
655
court finds that an employer or entity violated subsection (8),
656
the division, administrative law judge, or court may impose on
657
the employer or entity the following:
658
1.
A civil penalty in an amount up to 5 percent of the
659
employee’s gross earnings over the past 12 months, payable to
660
the misclassified employee.
661
2.
A civil penalty up to $5,000 per violation, payable to
662
the state.
663
(f)
(d)
Any civil action brought under s. 24, Art. X of the
664 State Constitution and this section
is
shall be
subject to s.
665 768.79.
666
(7)
The Attorney General may bring a civil action to
667
enforce this section. The Attorney General may seek injunctive
668
relief. In addition to injunctive relief, or in lieu thereof,
669
for any employer or other person found to have willfully
670
violated this section, the Attorney General may seek to impose a
671
fine of $1,000 per violation, payable to the state.
672
(14)
(8)
The statute of limitations for an action brought
673
under
pursuant to
this section
is
shall be for
the period of
674 time specified in s. 95.11 beginning on the date the alleged
675 violation occurred.
The statute of limitations applicable to an
676
action under this section is tolled during the division’s
677
investigation and any administrative enforcement under this
678
section.
679
(15)
(9)
Actions brought
under
pursuant to
this section may
680 be brought as a class action
under
pursuant to
Rule 1.220,
681 Florida Rules of Civil Procedure. In any class action brought
682
under
pursuant to
this section, the plaintiffs
must
shall
prove,
683 by a preponderance of the evidence, the individual identity of
684 each class member and the individual damages of each class
685 member.
686
(16)
(10)
This section
is
shall constitute
the exclusive
687 remedy under state law for violations of s. 24, Art. X of the
688 State Constitution.
689
(17)
The division shall make reasonable efforts to ensure
690
that judgments against an employer are satisfied and may use any
691
remedy that is available to a judgment creditor to collect an
692
unsatisfied judgment. The division may collect wages, damages,
693
and other monetary remedies on behalf of an employee. The
694
division acts as the trustee of any unsatisfied judgment it
695
collects and shall deposit such wages, damages, or other
696
monetary remedy in the appropriate fund as provided by rule. The
697
division shall conduct a diligent search for any employee for
698
whom it collects an unsatisfied judgment.
699
(18)(a)
Beginning on the 20th day after a judgment is
700
entered by the clerk of the court under paragraph (12)(d) or
701
otherwise by a court of competent jurisdiction in favor of this
702
state or the aggrieved party, the division may issue a notice of
703
levy on all persons having in their possession or under their
704
control any credits, money, or property belonging to the
705
judgment debtor. If the levy is made on credits, money, or
706
property in the possession or under the control of a bank,
707
savings and loan association, or other financial institution as
708
defined in 42 U.S.C. s. 669a(d)(1), the notice of levy may be
709
mailed or hand-delivered to a centralized location designated by
710
the bank, savings and loan association, or other financial
711
institution.
712
(b)
Any person who receives a notice of levy must surrender
713
the credits, money, or property to the division or pay to the
714
division the amount of any debt owed within 10 days after
715
service of the levy. Any person who surrenders to the division
716
any credits, money, or property of the judgment debtor is
717
discharged from any obligation or liability to the judgment
718
debtor relating to the amount paid to the division.
719
(c)
Any person who receives a notice of levy from the
720
division and fails or refuses to surrender any credits, money,
721
or property of the judgment debtor is liable to the division for
722
the amount specified in the notice of levy.
723
(d)
Any fees, commissions, expenses, or costs associated
724
with the sale of property levied under this subsection are the
725
obligation of the judgment debtor and may be collected by virtue
726
of the levy or in any other manner as though the fees,
727
commissions, expenses, or costs were part of the judgment.
728
(e)
The division may create a lien on any real or personal
729
property of an employer found in violation of this section or s.
730
24, Art. X of the State Constitution. The division shall release
731
the lien upon final satisfaction of any judgment entered in
732
favor of an aggrieved party or the division, or upon
733
adjudication of the claim in favor of the employer. A lien
734
created under this paragraph lasts 10 years after the date it is
735
created unless the lien is satisfied or released. A lien created
736
under this paragraph is in addition to any other rights
737
available to an aggrieved party or the division.
738
(19)(a)
If a citation issued by the division, written
739
decision and order issued by an administrative law judge, or
740
final judgment awarded under this section remains unsatisfied 30
741
days after all reviews and appeals have been exhausted or the
742
time to request a review or file an appeal has expired, the
743
division may issue a stop-order prohibiting the employer from
744
conducting business in this state using employee labor,
745
including conducting business using the labor of another
746
business, contractor, or subcontractor instead of the labor of
747
an employee, until the judgment is satisfied. The stop-order is
748
effective upon receipt of the order and the employer must pay
749
employees up to 10 days of lost wages due to the stop-order.
750
(b)
An employer may appeal the stop-order by filing, within
751
20 days after receipt of the stop-order, a written request with
752
the division for an administrative hearing. The hearing must be
753
held within 5 days after receipt of the written request, at
754
which time the stop-order must be affirmed or dismissed, and the
755
division shall mail a written notice of findings by United
756
States mail to all parties within 24 hours after the conclusion
757
of the hearing. A party may appeal the written notice of
758
findings to a court of competent jurisdiction within 45 days
759
after the notice is mailed. The division may seek injunctive or
760
other appropriate relief to enforce the stop-order and is
761
entitled to attorney fees and costs if the division prevails.
762
(c)
An employer, an owner, a director, an officer, or a
763
managing agent of an employer who fails to comply with a stop
764
order issued under this subsection commits a misdemeanor of the
765
second degree, punishable as provided in s. 775.082 or s.
766
775.083.
767
(d)
This subsection does not apply if the stop-order would
768
compromise public safety or the life, health, and care of a
769
vulnerable person as defined in s. 435.02.
770
(20)
If a citation issued by the division, written decision
771
and order issued by an administrative law judge, or final
772
judgment awarded under this section remains unsatisfied for 30
773
days after all reviews or appeals have been exhausted or the
774
time to request a review or file an appeal has expired, the
775
division may request that the appropriate state agency, and the
776
state agency is authorized to, deny, suspend, or revoke any
777
license held by the employer until such time as the judgment is
778
satisfied.
779
(21)
Any person acting on behalf of an employer may be held
780
liable as the employer for a violation of this section or s. 24,
781
Art. X of the State Constitution. A client employer is jointly
782
and severally liable with a labor contractor for the payment of
783
unpaid wages, interest, liquidated damages, fines, or penalties
784
awarded under this section.
785
(22)
All employers, client employers, and labor contractors
786
shall create records documenting compliance with this section
787
and s. 24, Art. X of the State Constitution in accordance with
788
division rules. Records must be maintained for a minimum of 5
789
years after an employee leaves the employment of the employer or
790
client employer or is no longer working with a labor contractor.
791
An employer, a client employer, or a labor contractor shall
792
allow the division reasonable access to the records when
793
requested. If an employee, or other authorized person or entity,
794
alleges a violation of this section and s. 24, Art. X of the
795
State Constitution and the employer, client employer, or labor
796
contractor has not created and maintained records as required
797
under this subsection, there is a rebuttable presumption that
798
the employer, client employer, or labor contractor is in
799
violation of the law. The employer, client employer, or labor
800
contractor can overcome this presumption with clear and
801
convincing evidence.
802
(23)
The division may enter into agreements with local,
803
state, or federal agencies to assist in the administration and
804
enforcement of this section.
805
(24)
Subject to appropriation of funds by the Legislature,
806
the division shall establish and maintain an outreach and
807
education partnership program to promote awareness of, and
808
compliance with, this section and s. 24, Art. X of the State
809
Constitution. The division shall pursue partnerships with
810
community-based organizations and unions through a competitive
811
request for proposals. Duties of the outreach and education
812
partnership program may include:
813
(a)
Disseminating information and conducting outreach and
814
training to educate employees about their rights.
815
(b)
Conducting educational training for employers about
816
their obligations.
817
(c)
Assisting employees with filing a claim for a violation
818
under this section or s. 24, Art. X of the State Constitution.
819
(d)
Assisting the division in conducting investigations
820
under this section, including the collection of evidence and
821
enforcement of a judgment.
822
(e)
Monitoring compliance with this section and s. 24, Art.
823
X of the State Constitution.
824
(f)
Establishing networks for education, communication, and
825
participation in the workplace and community.
826
(g)
Producing and disseminating training materials to
827
employers and employees.
828
(25)
(11)
Except for calculating the adjusted state minimum
829 wage and publishing the initial state minimum wage and any
830 annual adjustments thereto, the authority of the
division
831
department of Commerce
in implementing s. 24, Art. X of the
832 State Constitution, pursuant to this section,
is
shall be
833 limited to that authority expressly granted by the Legislature.
834 Section 4. Section 448.112, Florida Statutes, is created to
835 read:
836
448.112
Division of Labor Standards Community Advisory
837
Board.—The Division of Labor Standards Community Advisory Board,
838
an advisory council as defined in s. 20.03, is established
839
within the Division of Labor Standards.
840
(1)
The advisory board shall be composed of the following
841
members who must be approved by the director of the Division of
842
Labor Standards:
843
(a)
A representative from the Division of Labor Standards.
844
(b)
A representative from the Department of Commerce.
845
(c)
A representative from the Department of Education.
846
(d)
A representative from the Florida Chamber of Commerce.
847
(e)
A representative from a small business as defined in s.
848
288.703.
849
(f)
Four representatives from labor organizations as
850
defined in s. 447.02(1) throughout this state.
851
(2)
Members of the advisory board shall be appointed for 2
852
year terms, which must be staggered.
853
(3)
Members of the advisory board shall serve without
854
compensation and are not entitled to receive reimbursement for
855
per diem or travel expenses.
856
(4)
The advisory board shall meet at least three times a
857
year in order to review reports and projects of the Division of
858
Labor Standards. Meetings of the advisory board must be open to
859
the public and provide the opportunity for public comment.
860
(5)
The advisory board shall submit an annual report to the
861
director of the Division of Labor Standards recommending changes
862
to existing state policies and programs to ensure employee
863
safety and equity, with particular emphasis on racial equity and
864
low-wage and migrant workers.
865
(6)
By January 1, 2027, and annually thereafter, the
866
director of the Division of Labor Standards shall submit the
867
annual report to the Governor, the President of the Senate, and
868
the Speaker of the House of Representatives.
869
(7)
In accordance with s. 20.052(8), this section is
870
repealed October 2, 2029, unless reviewed and saved from repeal
871
through reenactment by the Legislature.
872 Section 5. This act shall take effect July 1, 2026.