Text of FL H 137 (2023)

HB 137 2023 CODING: Words stricken are deletions; words underlined are additions. hb0137-00 Page 1 of 29 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to the Department of Labor; creating 2 s. 20.71, F.S.; creating the Department of Labor as a 3 new department of state government; providing for the 4 secretary of the department to be appointed by the 5 Governor and confirmed by the Senate; 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 HB 137 2023 CODING: Words stricken are deletions; words underlined are additions. hb0137-00 Page 2 of 29 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S education outreach; providing for injunctive 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. 32 448.111, F.S.; creating the Department of Labor 33 Community Advisory Board within the Department of 34 Labor; providing for membership, meetings, and duties 35 of the advisory board; requiring an annual 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 HB 137 2023 CODING: Words stricken are deletions; words underlined are additions. hb0137-00 Page 3 of 29 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (3) The secretary may create divisions within the 51 department and allocate various functions of the department 52 among such divisions. 53 (4)(a) The headquarters of the department shall be located 54 in Tallahassee. However, the department may establish regional 55 offices throughout the state as the secretary deems necessary 56 for the efficient operation of the department in accomplishing 57 its purpose. 58 (b) The purpose of the department is to 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 Economic Opportunity shall, on or before December 1, create and 69 make available to employers a poster in English, and in Spanish, 70 and any other languages, as necessary. The poster must give 71 notice of all of the following: 72 1. The right to the minimum wage as provided by s. 24, 73 Art. X of the State Constitution and s. 448.110. 74 2. The right to be protected from retaliation for 75 HB 137 2023 CODING: Words stricken are deletions; words underlined are additions. hb0137-00 Page 4 of 29 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S exercising in good faith any right protected under s. 24, Art. X 76 of the State Constitution and s. 448.110. 77 3. The right to file a complaint with the Department of 78 Labor or bring a civil action in a court of competent 79 jurisdiction for a violation of s. 24, Art. X of the State 80 Constitution or s. 448.110. which reads substantially as 81 follows: 82 NOTICE TO EMPLOYEES 83 The Florida minimum wage is $ ...(amount)... per hour, with a 84 minimum wage of at least $ ...(amount)... per hour for tipped 85 employees, in addition to tips, for January 1, ...(year)..., 86 through December 31, ...(year).... 87 The rate of the minimum wage is recalculated yearly on September 88 30, based on the Consumer Price Index. Every year on January 1 89 the new Florida minimum wage takes effect. 90 An employer may not retaliate against an employee for exercising 91 his or her right to receive the minimum wage. Rights protected 92 by the State Constitution include the right to: 93 1. File a complaint about an employer's alleged 94 noncompliance with lawful minimum wage requirements. 95 2. Inform any person about an employer's alleged 96 noncompliance with lawful minimum wage requirements. 97 3. Inform any person of his or her potential rights under 98 Section 24, Article X of the State Constitution and to 99 assist him or her in asserting such rights. 100 HB 137 2023 CODING: Words stricken are deletions; words underlined are additions. hb0137-00 Page 5 of 29 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S An employee who has not received the lawful minimum wage after 101 notifying his or her employer and giving the employer 15 days to 102 resolve any claims for unpaid wages may bring a civil action in 103 a court of law against an employer to recover back wages plus 104 damages and attorney's fees. 105 An employer found liable for intentionally violating minimum 106 wage requirements is subject to a fine of $1,000 per 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 Economic 124 Opportunity is designated as the state Agency for Workforce 125 HB 137 2023 CODING: Words stricken are deletions; words underlined are additions. hb0137-00 Page 6 of 29 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Innovation. 126 (3) As used in this section, the term: 127 (a) "Adverse action" means the discharge, suspension, 128 transfer, or demotion of an employee; the withholding of wage, 129 bonuses, benefits, or workable hours; filing, or threatening to 130 file, a false report with a government agency or engaging in 131 unfair immigration-related practices; or any other adverse 132 action taken against an employee within the terms and conditions 133 of employment by an employer. 134 (b) "Client employer" means a business entity, regardless 135 of its form, that obtains or is provided employees to perform 136 labor within its usual course of business from a labor 137 contractor. The term does not include: 138 1. A business entity with a workforce of 25 or fewer 139 employees, including those hired directly by the client employer 140 and those obtained from or provided by a labor contractor. 141 2. A business entity with a workforce of 5 or fewer 142 employees supplied by a labor contractor to the client employer 143 at any given time. 144 3. The state or a political subdivision of the state. 145 (c) "Department" means the Department of Labor. 146 (d) "Employee" has the same meaning as established under 147 the federal Fair Labor Standards Act and its implementing 148 regulations in effect on July 1, 2023. 149 (e) "Employer" has the same meaning as established under 150 HB 137 2023 CODING: Words stricken are deletions; words underlined are additions. hb0137-00 Page 7 of 29 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S the federal Fair Labor Standards Act and its implementing 151 regulations in effect on July 1, 2023. 152 (f) "Judgment debtor" means each person who is liable on a 153 judgment or order to pay a sum of money that remains 154 unsatisfied. 155 (g) "Labor contractor" means a person or entity that 156 supplies, with or without a contract, a client employer with 157 employees to perform labor within the client employer's usual 158 course of business. The term does not include a bona fide 159 nonprofit, community-based organization that provides services 160 to employees or a labor organization or apprenticeship program 161 operating under a collective bargaining agreement. 162 (h) "Secretary" means the secretary of the department. 163 (i) "Usual course of business" means the regular and 164 customary work of a business performed within or upon the 165 premises or worksite of the client employer. 166 (4)(3) Effective May 2, 2005, employers shall pay 167 employees a minimum wage at an hourly rate of $6.15 for all 168 hours worked in Florida. Only those individuals entitled to 169 receive the federal minimum wage under the federal Fair Labor 170 Standards Act and its implementing regulations shall be eligible 171 to receive the state minimum wage under pursuant to s. 24, Art. 172 X of the State Constitution and this section. Sections 213 and 173 214 The provisions of ss. 213 and 214 of the federal Fair Labor 174 Standards Act, as interpreted by applicable federal regulations 175 HB 137 2023 CODING: Words stricken are deletions; words underlined are additions. hb0137-00 Page 8 of 29 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S and implemented by the Secretary of Labor, are incorporated 176 herein. 177 (5)(a)(4)(a) Beginning September 30, 2005, and annually on 178 September 30 thereafter, the department of Economic Opportunity 179 shall calculate an adjusted state minimum wage rate by 180 increasing the state minimum wage by the rate of inflation for 181 the 12 months prior to September 1. In calculating the adjusted 182 state minimum wage, the department of Economic Opportunity shall 183 use the Consumer Price Index for Urban Wage Earners and Clerical 184 Workers, not seasonally adjusted, for the South Region or a 185 successor index as calculated by the United States Department of 186 Labor. Each adjusted state minimum wage rate shall take effect 187 on the following January 1, with the initial adjusted minimum 188 wage rate to take effect on January 1, 2006. 189 (b) The Department of Revenue and the department of 190 Economic Opportunity shall annually publish the amount of the 191 adjusted state minimum wage and the effective date. Publication 192 shall occur by posting the adjusted state minimum wage rate and 193 the effective date on the Internet home pages of the department 194 of Economic Opportunity and the Department of Revenue by October 195 15 of each year. In addition, to the extent funded in the 196 General Appropriations Act, the department of Economic 197 Opportunity shall provide written notice of the adjusted rate 198 and the effective date of the adjusted state minimum wage to all 199 employers registered in the most current reemployment assistance 200 HB 137 2023 CODING: Words stricken are deletions; words underlined are additions. hb0137-00 Page 9 of 29 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S database. Such notice shall be mailed by November 15 of each 201 year using the addresses included in the database. Employers are 202 responsible for maintaining current address information in the 203 reemployment assistance database. The department of Economic 204 Opportunity is not responsible for failure to provide notice due 205 to incorrect or incomplete address information in the database. 206 The department of Economic Opportunity shall provide the 207 Department of Revenue with the adjusted state minimum wage rate 208 information and effective date in a timely manner. 209 (6)(a)(5) It is shall be unlawful for an employer or any 210 other party to discriminate in any manner or take adverse action 211 against any person in retaliation for exercising rights 212 protected under pursuant to s. 24, Art. X of the State 213 Constitution or this section. 214 (b) Rights protected under s. 24, Art. X of the State 215 Constitution and this section include, but are not limited to:, 216 1. The right to file a complaint or inform any person of 217 his or her potential rights under pursuant to s. 24, Art. X of 218 the State Constitution or this section and to assist him or her 219 in asserting such rights. 220 2. The right to inform a person's employer, union or other 221 similar organization, legal counsel, or any other person about 222 an alleged violation of s. 24, Art. X of the State Constitution 223 or this section. 224 3. The right to file a complaint with the department or 225 HB 137 2023 CODING: Words stricken are deletions; words underlined are additions. hb0137-00 Page 10 of 29 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S file a civil action in a court of competent jurisdiction for an 226 alleged violation of s. 24, Art. X of the State Constitution or 227 this section. 228 4. The right to cooperate with any investigation conducted 229 under this section and to testify in any proceeding or action 230 brought under this section. 231 5. The right to refuse to participate in an activity that 232 violates city, state, or federal law. 233 6. The right to oppose any policy, practice, or act that 234 violates s. 24, Art. X of the State Constitution or this 235 section. 236 (c) There is a rebuttable presumption that an employer has 237 violated s. 24, Art. X of the State Constitution or this section 238 if the employer takes adverse action against an employee within 239 90 days after the employee exercises a right under paragraph 240 (b). If an employee is a seasonal worker and his or her work 241 ended before the end of the 90-day period, the rebuttable 242 presumption applies if the employer fails to rehire the seasonal 243 worker in the same position at the next opportunity. The 244 rebuttable presumption may be overcome by clear and convincing 245 evidence. 246 (d) The protections provided under this section apply to 247 any employee who alleges a violation of s. 24, Art. X of the 248 State Constitution or this section in good faith. Any complaint 249 or other communication by an employee alleging a violation of s. 250 HB 137 2023 CODING: Words stricken are deletions; words underlined are additions. hb0137-00 Page 11 of 29 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 24, Art. X of the State Constitution or this section triggers 251 the protections under this section even if the complaint or 252 communication does not specifically reference this section. 253 (e) An employee who believes he or she has been 254 discriminated or retaliated against for exercising a right under 255 s. 24, Art. X of the State Constitution or this section may file 256 a complaint with the department or a civil action in a court of 257 competent jurisdiction within 4 years after the alleged 258 violation or, in the case of a willful violation, within 5 years 259 after the alleged violation. 260 (7) An employer has the burden of proving that a person is 261 an independent contractor and not an employee. A person who 262 receives remuneration for services provided is considered an 263 employee unless the employer proves: 264 (a) The person is free from control or direction by the 265 employer over the performance of such service. 266 (b) The service provided by the person is outside the 267 usual course of business of the employer. 268 (c) The person is customarily engaged in an independently 269 established trade, occupation, profession, or business. 270 (8) A person or entity may not enter into a contract or 271 agreement with an independent contractor for labor or services 272 if the person or entity knows or should know that the contract 273 or agreement does not include funds sufficient to allow the 274 independent contractor to comply with all applicable local, 275 HB 137 2023 CODING: Words stricken are deletions; words underlined are additions. hb0137-00 Page 12 of 29 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S state, and federal laws or regulations governing the labor or 276 services to be provided. 277 (9)(a) The department may commence investigations, 278 actions, and proceedings necessary to enforce this section. The 279 department has the sole discretion whether to investigate an 280 employer to determine if a violation of this section has 281 occurred. 282 (b) In order to encourage a person or organization to 283 report a suspected violation of this section, the department: 284 1. Must keep the name and other identifying information 285 about the reporter confidential to the extent permitted by law. 286 The department may disclose the reporter's name or 287 identification with the written consent of the reporter. 288 2. Must provide a notice form to an employer being 289 investigated, which must be posted in a conspicuous and 290 accessible location at the workplace, notifying the employees 291 that the department is conducting an investigation under this 292 section. The notice form must be in English and any other 293 language that is the primary language of a majority of the 294 employees in the workplace. If display of the notice form is not 295 feasible, the employer must provide it to each employee through 296 electronic means and also provide each employee a physical copy 297 of the notice form. 298 3. May certify the eligibility of a person for a visa 299 under 8 U.S.C. s. 1184(p) and 8 U.S.C. s. 1101(a)(15)(U), 300 HB 137 2023 CODING: Words stricken are deletions; words underlined are additions. hb0137-00 Page 13 of 29 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S subject to applicable federal law and regulations, and other 301 rules issued by the department. 302 (10)(a) During an investigation under this section, the 303 department has the power to: 304 1. Enter and inspect the workplace. 305 2. Inspect and make copies of papers, books, accounts, 306 records, payroll, and other documents necessary to further its 307 investigation. 308 3. Question witnesses under oath and in a private 309 location. 310 4. Issue subpoenas to compel the attendance and testimony 311 of witnesses and the production of papers, books, accounts, 312 records, payroll, and other documents necessary to further its 313 investigation. 314 5. Take depositions and affidavits. 315 6. Investigate any facts, conditions, practices, or 316 matters as the department deems appropriate to determine whether 317 a violation of this section has occurred. 318 (b) If an employer fails to comply with a lawfully issued 319 subpoena or if a witness refuses to testify or be questioned, 320 the department may request that the court compel compliance by 321 initiating a proceeding for contempt. The court shall take 322 judicial notice under s. 90.202(13) of the department's seal, 323 "Department of Labor-State of Florida," and shall enforce any 324 subpoena issued by the secretary or his or her representative 325 HB 137 2023 CODING: Words stricken are deletions; words underlined are additions. hb0137-00 Page 14 of 29 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S under such seal. 326 (c) During an administrative or civil proceeding under 327 this section, an employer may not introduce any documentation as 328 evidence that was not provided to the department. 329 (11)(a) During the course of an investigation under this 330 section, the department or the Attorney General may seek 331 injunctive relief upon a finding of reasonable cause that a 332 violation has occurred. 333 (b) When determining whether injunctive relief is 334 appropriate, the court shall consider any direct harm to an 335 employee from a violation of this section and the chilling 336 effect on other employees attempting to assert their rights 337 under this section. Reasonable cause exists for a court to issue 338 an injunction if an employee has faced adverse action for 339 asserting his or her rights under this section. 340 (c) A temporary injunction remains in effect until the 341 department issues a citation to the employer or until the 342 completion of an administrative hearing, whichever is longer, or 343 until a time certain set by the court. A temporary injunction 344 does not prohibit an employer from taking adverse action against 345 an employee for conduct unrelated to an alleged violation of 346 this section. 347 (d) The court may issue a preliminary or permanent 348 injunction if it determines such injunction is just and proper. 349 (12)(a) If a violation of this section is found during an 350 HB 137 2023 CODING: Words stricken are deletions; words underlined are additions. hb0137-00 Page 15 of 29 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S investigation and the violation has not been remedied by the end 351 of the investigation, the department must issue a citation to 352 the employer. The citation must be in writing and describe the 353 nature of the violation and include any and all appropriate 354 relief. Appropriate relief includes requiring an employer to 355 cease and desist; to take any action necessary to remedy the 356 violation, such as rehiring or reinstating an employee, 357 reimbursing lost wages, or paying liquidated damages or other 358 fines and penalties; to take training classes relating to 359 compliance with this section; or to submit to compliance 360 monitoring by the department. The department shall serve the 361 citation in a manner provided by the Florida Rules of Civil 362 Procedure. The citation must advise the employer of his or her 363 right to an administrative hearing to have the citation 364 reviewed. 365 (b) Within 30 days after service of a citation, an 366 employer must comply with all appropriate relief specified in 367 the citation or may obtain review of the citation by providing a 368 written request for review to the office of the secretary. Upon 369 receipt of a written request for review, the secretary shall 370 assign the citation to an administrative law judge to conduct a 371 hearing and issue a written decision. Hearings conducted under 372 this subsection are governed by the department and the rules of 373 practice and procedure adopted by the department. 374 (c) An administrative hearing must commence within 90 days 375 HB 137 2023 CODING: Words stricken are deletions; words underlined are additions. hb0137-00 Page 16 of 29 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S after receipt of a timely submitted request for review. The 376 administrative law judge must render a written decision within 377 90 days after the conclusion of the hearing. The decision must 378 include a statement of findings, conclusions of law, and a 379 recommended order that specifies all appropriate relief as 380 authorized under paragraph (a), including the amount required 381 for an appeal bond should the employer choose to obtain review 382 of the order issued under this paragraph. The decision must be 383 served on all parties in a manner provided by the Florida Rules 384 of Civil Procedure. If the recommended order includes a monetary 385 remedy, the amount is due 45 days after the written decision is 386 properly served on the employer. 387 (d)1. An employer may obtain review of the written 388 decision and order issued under paragraph (c) by filing a 389 petition for a writ of mandamus to a court having jurisdiction 390 within 45 days after the written decision is properly served on 391 the employer. If a petition for a writ of mandamus is not filed 392 within the appropriate time, the recommended order in the 393 written decision becomes final. 394 2. Before an employer may obtain review of the decision, 395 he or she must post an appeal bond, in the amount specified in 396 the recommended order, issued by a licensed surety or as a cash 397 deposit with the court. The employer shall provide written 398 notice to the department and any other parties of the posting of 399 the appeal bond. 400 HB 137 2023 CODING: Words stricken are deletions; words underlined are additions. hb0137-00 Page 17 of 29 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 3. A court may overturn a decision based on abuse of 401 discretion. An employer establishes an abuse of discretion if he 402 or she alleges that the findings are not supported by the 403 evidence and the court determines that the findings are not 404 supported by substantial evidence when looking at the entire 405 record. 406 4. If the court issues an order in favor of the aggrieved 407 party or if the appeal is withdrawn or dismissed without entry 408 of judgment, the employer is liable for the relief specified in 409 the written decision from the administrative hearing, unless the 410 parties execute a settlement agreement, in which case the 411 employer is liable for the relief specified in the settlement 412 agreement. If the written decision from the administrative 413 hearing or the settlement agreement provide for monetary relief, 414 and the employer fails to pay the amount owed within 10 days 415 after entry of a judgment, dismissal or withdrawal of the 416 appeal, or the execution of a settlement agreement, a portion of 417 the appeal bond equal to the amount owed, or the entire appeal 418 bond if the amount owed exceeds the amount of the bond, must be 419 paid to the aggrieved party. 420 5. If the employer does not request review of the citation 421 under paragraph (b), file a writ of mandamus under subparagraph 422 1., or post the appeal bond as required in subparagraph 2., and 423 the time to do so has expired, or if the petition for a writ of 424 mandamus is dismissed or withdrawn without entry of judgment, 425 HB 137 2023 CODING: Words stricken are deletions; words underlined are additions. hb0137-00 Page 18 of 29 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S the clerk of the court must certify a copy of the citation or 426 written decision and order issued by the department or by the 427 administrative law judge, respectively, and enter judgment for 428 the state or aggrieved party. The judgment has the same force 429 and effect as a judgment entered in a civil action and may be 430 enforced in the same manner as any other judgment of the court. 431 The court shall give priority to petitions to enforce a judgment 432 entered under this section. 433 6. If an employer fails to comply with a citation or final 434 order, whether issued by the department, administrative law 435 judge, or court, and has exhausted all reviews or appeals or the 436 time to file a review or appeal has expired, the department or 437 the Attorney General may commence and prosecute a civil action 438 to recover unpaid wages, including interest, fines, or 439 penalties; equitable relief; or liquidated damages owed to an 440 aggrieved person. The prevailing party is entitled to applicable 441 fines or civil penalties and reasonable attorney fees and costs. 442 (6)(a) Any person aggrieved by a violation of this section 443 may bring a civil action in a court of competent jurisdiction 444 against an employer violating this section or a party violating 445 subsection (5). However, prior to bringing any claim for unpaid 446 minimum wages pursuant to this section, the person aggrieved 447 shall notify the employer alleged to have violated this section, 448 in writing, of an intent to initiate such an action. The notice 449 must identify the minimum wage to which the person aggrieved 450 HB 137 2023 CODING: Words stricken are deletions; words underlined are additions. hb0137-00 Page 19 of 29 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S claims entitlement, the actual or estimated work dates and hours 451 for which payment is sought, and the total amount of alleged 452 unpaid wages through the date of the notice. 453 (b) The employer shall have 15 calendar days after receipt 454 of the notice to pay the total amount of unpaid wages or 455 otherwise resolve the claim to the satisfaction of the person 456 aggrieved. The statute of limitations for bringing an action 457 pursuant to this section shall be tolled during this 15-day 458 period. If the employer fails to pay the total amount of unpaid 459 wages or otherwise resolve the claim to the satisfaction of the 460 person aggrieved, then the person aggrieved may bring a claim 461 for unpaid minimum wages, the terms of which must be consistent 462 with the contents of the notice. 463 (13)(a)(c)1. Upon prevailing in a civil an action brought 464 under paragraph (6)(e) pursuant to this section, aggrieved 465 persons shall recover the full amount of any unpaid back wages, 466 plus interest, unlawfully withheld plus up to two times the 467 unpaid wages the same amount as liquidated damages and shall be 468 awarded reasonable attorney attorney's fees and costs. 469 Additionally, As provided under the federal Fair Labor Standards 470 Act, pursuant to s. 11 of the Portal-to-Portal Act of 1947, 29 471 U.S.C. s. 260, if the employer proves by a preponderance of the 472 evidence that the act or omission giving rise to such action was 473 in good faith and that the employer had reasonable grounds for 474 believing that his or her act or omission was not a violation of 475 HB 137 2023 CODING: Words stricken are deletions; words underlined are additions. hb0137-00 Page 20 of 29 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S s. 24, Art. X of the State Constitution, the court may, in its 476 sound discretion, award no liquidated damages or award any 477 amount thereof not to exceed an amount equal to the amount of 478 unpaid minimum wages. The court shall not award any economic 479 damages on a claim for unpaid minimum wages not expressly 480 authorized in this section. 481 2. Upon prevailing in an action brought pursuant to this 482 section, aggrieved persons are shall also be entitled to such 483 legal or equitable relief as may be appropriate to remedy the 484 violation, including, without limitation, reinstatement in 485 employment and injunctive relief. However, any entitlement to 486 legal or equitable relief in an action brought under s. 24, Art. 487 X of the State Constitution or this section may shall not 488 include punitive damages. 489 (b) If an employer is found to have willfully violated 490 this section, the department, administrative law judge, or court 491 may impose a fine of $1,000 per violation payable to the state. 492 (c) Any employer or other person found to have hindered, 493 prevented, impeded, or interfered with the department or 494 administrative hearing body in the performance of their duties 495 is subject to a civil penalty of not less than $1,000 and not 496 more than $5,000, which may be assessed by the department, 497 administrative law judge, or court. 498 (d) If the department, administrative law judge, or court 499 finds that an employer took adverse action or retaliated against 500 HB 137 2023 CODING: Words stricken are deletions; words underlined are additions. hb0137-00 Page 21 of 29 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S an employee in violation of subsection (6): 501 1. The department, administrative law judge, or court may 502 order reinstatement of the aggrieved party, front pay in lieu of 503 reinstatement, backpay, liquidated damages up to two times the 504 amount of the unpaid wages, and other compensatory damages as 505 appropriate. 506 2. The department, administrative law judge, or court may 507 impose an administrative penalty not to exceed $5,000 payable to 508 the aggrieved party. 509 (e)(d) Any civil action brought under s. 24, Art. X of the 510 State Constitution and this section is shall be subject to s. 511 768.79. 512 (7) The Attorney General may bring a civil action to 513 enforce this section. The Attorney General may seek injunctive 514 relief. In addition to injunctive relief, or in lieu thereof, 515 for any employer or other person found to have willfully 516 violated this section, the Attorney General may seek to impose a 517 fine of $1,000 per violation, payable to the state. 518 (14)(8) The statute of limitations for an action brought 519 under pursuant to this section is shall be for the period of 520 time specified in s. 95.11 beginning on the date the alleged 521 violation occurred. The statute of limitations applicable to an 522 action under this section is tolled during the department's 523 investigation and any administrative enforcement under this 524 section. 525 HB 137 2023 CODING: Words stricken are deletions; words underlined are additions. hb0137-00 Page 22 of 29 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (15)(9) Actions brought under pursuant to this section may 526 be brought as a class action pursuant to Rule 1.220, Florida 527 Rules of Civil Procedure. In any class action brought under 528 pursuant to this section, the plaintiffs must shall prove, by a 529 preponderance of the evidence, the individual identity of each 530 class member and the individual damages of each class member. 531 (16)(10) This section is shall constitute the exclusive 532 remedy under state law for violations of s. 24, Art. X of the 533 State Constitution. 534 (17) The department shall make reasonable efforts to 535 ensure that judgments against an employer are satisfied and may 536 use any remedy that is available to a judgment creditor to 537 collect an unsatisfied judgment. The department may collect 538 wages, damages, and other monetary remedies on behalf of an 539 employee. The department acts as the trustee of any unsatisfied 540 judgment it collects and shall deposit such wages, damages, or 541 other monetary remedy in the appropriate fund as provided by 542 rule. The department shall conduct a diligent search for any 543 employee for whom it collects an unsatisfied judgment. 544 (18)(a) Beginning on the 20th day after a judgment is 545 entered by the clerk of the court under paragraph (12)(d) or 546 otherwise by a court of competent jurisdiction in favor of the 547 state or aggrieved party, the department may issue a notice of 548 levy on all persons having in their possession or under their 549 control any credits, money, or property belonging to the 550 HB 137 2023 CODING: Words stricken are deletions; words underlined are additions. hb0137-00 Page 23 of 29 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S judgment debtor. If the levy is made on credits, money, or 551 property in the possession or under the control of a bank, 552 savings and loan association, or other financial institution as 553 defined in 42 U.S.C. s. 669a(d)(1), the notice of levy may be 554 mailed or hand-delivered to a centralized location designated by 555 the bank, savings and loan association, or other financial 556 institution. 557 (b) Any person who receives a notice of levy shall 558 surrender the credits, money, or property to the department or 559 pay to the department the amount of any debt owed within 10 days 560 after service of the levy. Any person who surrenders to the 561 department any credits, money, or property of the judgment 562 debtor is discharged from any obligation or liability to the 563 judgment debtor relating to the amount paid to the department. 564 (c) Any person who receives a notice of levy from the 565 department and fails or refuses to surrender any credits, money, 566 or property of the judgment debtor is liable to the department 567 for the amount specified in the notice of levy. 568 (d) Any fees, commissions, expenses, or costs associated 569 with the sale of property levied under this subsection are the 570 obligation of the judgment debtor and may be collected by virtue 571 of the levy or in any other manner as though the fees, 572 commissions, expenses, or costs were part of the judgment. 573 (e) The department may create a lien on any real or 574 personal property of an employer found in violation of s. 24, 575 HB 137 2023 CODING: Words stricken are deletions; words underlined are additions. hb0137-00 Page 24 of 29 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Art. X of the State Constitution or this section. The department 576 must release the lien upon final satisfaction of any judgment 577 entered in favor of an aggrieved party or the department, or 578 upon adjudication of the claim in favor of the employer. A lien 579 created under this paragraph lasts 10 years after the date it is 580 created unless the lien is satisfied or released. A lien created 581 under this paragraph is in addition to any other rights 582 available to an aggrieved party or the department. 583 (19)(a) If a citation issued by the department, written 584 decision and order issued by an administrative law judge, or 585 final judgment awarded under this section remains unsatisfied 30 586 days after all reviews and appeals have been exhausted or the 587 time to request a review or file an appeal has expired, the 588 department may issue a stop-order prohibiting the employer from 589 conducting business in the state using employee labor, including 590 conducting business using the labor of another business, 591 contractor, or subcontractor instead of the labor of an 592 employee, until the judgment is satisfied. The stop-order is 593 effective upon receipt of the order and the employer must pay 594 employees up to 10 days of lost wages due to the stop-order. 595 (b) An employer may appeal the stop-order by filing, 596 within 20 days after receipt of the stop-order, a written 597 request with the department for an administrative hearing. The 598 hearing must be held within 5 days after receipt of the written 599 request, at which time the stop-order must be affirmed or 600 HB 137 2023 CODING: Words stricken are deletions; words underlined are additions. hb0137-00 Page 25 of 29 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S dismissed and the department shall mail a written notice of 601 findings by United States mail to all parties within 24 hours 602 after the conclusion of the hearing. A party may appeal the 603 written notice of findings to a court of competent jurisdiction 604 within 45 days after the notice is mailed. The department may 605 seek injunctive or other appropriate relief to enforce the stop- 606 order and is entitled to attorney fees and costs if the 607 department prevails. 608 (c) An employer, owner, director, officer, or managing 609 agent of an employer who fails to comply with a stop-order 610 issued under this subsection is guilty of a misdemeanor of the 611 second degree, punishable as provided in s. 775.082 or s. 612 775.083. 613 (d) This subsection does not apply if the stop-order would 614 compromise public safety or the life, health, and care of a 615 vulnerable person as defined in s. 435.02. 616 (20) If a citation issued by the department, written 617 decision and order issued by an administrative law judge, or 618 final judgment awarded under this section remains unsatisfied 30 619 days after all reviews or appeals have been exhausted or the 620 time to request a review or file an appeal has expired, the 621 department may request that the appropriate state agency, and 622 the state agency is authorized to, deny, suspend, or revoke any 623 license held by the employer until such time as the judgment is 624 satisfied. 625 HB 137 2023 CODING: Words stricken are deletions; words underlined are additions. hb0137-00 Page 26 of 29 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (21) Any person acting on behalf of an employer may be 626 held liable as the employer for a violation of s. 24, Art. X of 627 the State Constitution or this section. A client employer is 628 jointly and severally liable with a labor contractor for the 629 payment of unpaid wages, interest, liquidated damages, fines, or 630 penalties awarded under this section. 631 (22) All employers, client employers, and labor 632 contractors shall create records documenting compliance with s. 633 24, Art. X of the State Constitution and this section in 634 accordance with department rules. Records must be maintained for 635 a minimum of 5 years after an employee leaves the employment of 636 the employer or client employer, or is no longer working with a 637 labor contractor. An employer, client employer, or labor 638 contractor must allow the department reasonable access to the 639 records when requested. If an employee, or other authorized 640 person or entity, alleges a violation of s. 24, Art. X of the 641 State Constitution or this section and the employer, client 642 employer, or labor contractor has not created and maintained 643 records as required under this subsection, there is a rebuttable 644 presumption that the employer, client employer, or labor 645 contractor is in violation of the law. The employer, client 646 employer, or labor contractor can overcome this presumption with 647 clear and convincing evidence. 648 (23) The department may enter into agreements with local, 649 state, or federal agencies to assist in the administration and 650 HB 137 2023 CODING: Words stricken are deletions; words underlined are additions. hb0137-00 Page 27 of 29 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S enforcement of this section. 651 (24) Subject to appropriation of funds by the Legislature, 652 the department shall establish and maintain an outreach and 653 education partnership program to promote awareness of, and 654 compliance with, s. 24, Art. X of the State Constitution and 655 this section. The department shall pursue partnerships with 656 community-based organizations and unions through a competitive 657 request for proposals. Duties of the outreach and education 658 partnership program may include: 659 (a) Disseminating information and conducting outreach and 660 training to educate employees about their rights. 661 (b) Conducting educational training for employers about 662 their obligations. 663 (c) Assisting employees with filing a claim for a 664 violation under s. 24, Art. X of the State Constitution or this 665 section. 666 (d) Assisting the department in conducting investigations 667 under this section, including the collection of evidence and 668 enforcement of a judgment. 669 (e) Monitoring compliance with s. 24, Art. X of the State 670 Constitution and this section. 671 (f) Establishing networks for education, communication, 672 and participation in the workplace and community. 673 (g) Producing and disseminating training materials to 674 employers and employees. 675 HB 137 2023 CODING: Words stricken are deletions; words underlined are additions. hb0137-00 Page 28 of 29 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (25)(11) Except for calculating the adjusted state minimum 676 wage and publishing the initial state minimum wage and any 677 annual adjustments thereto, the authority of the department of 678 Economic Opportunity in implementing s. 24, Art. X of the State 679 Constitution, pursuant to this section, is shall be limited to 680 that authority expressly granted by the Legislature. 681 Section 4. Section 448.111, Florida Statutes, is created 682 to read: 683 448.111 Department of Labor Community Advisory Board.—The 684 Department of Labor Community Advisory Board is established 685 within the Department of Labor. 686 (1) The advisory board shall consist of the following 687 members who must be approved by the Secretary of the Department 688 of Labor: 689 (a) A representative from the Department of Labor. 690 (b) A representative from the Department of Economic 691 Opportunity. 692 (c) A representative from the Department of Education. 693 (d) A representative from the Florida Chamber of Commerce. 694 (e) A representative from a small business as defined in 695 s. 288.703. 696 (f) Four representatives from labor organizations as 697 defined in s. 447.02(1) throughout the state. 698 (2) Members of the advisory board shall be appointed for 699 2-year terms, which shall be staggered. 700 HB 137 2023 CODING: Words stricken are deletions; words underlined are additions. hb0137-00 Page 29 of 29 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (3) Members of the advisory board shall serve without 701 compensation and are not entitled to receive reimbursement for 702 per diem or travel expenses. 703 (4) The advisory board shall meet at least three times a 704 year in order to review reports and projects of the Department 705 of Labor. Meetings of the advisory board must be open to the 706 public and provide the opportunity for public comment. 707 (5) The advisory board shall submit an annual report to 708 the Secretary of the Department of Labor recommending changes to 709 existing state policies and programs to ensure worker safety and 710 equity, with particular emphasis on racial equity and low-wage 711 and migrant workers. 712 (6) By January 1, 2024, and annually thereafter, the 713 Secretary of the Department of Labor shall submit the annual 714 report to the Governor, the President of the Senate, and the 715 Speaker of the House of Representatives. 716 Section 5. This act shall take effect July 1, 2023. 717