Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. SB 982
                                Barcode 128472                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Norman moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 448.111, Florida Statutes, is created to
    6  read:
    7         448.111 Florida Wage Protection Law.—
    8         (1) This section may be cited as the “Florida Wage
    9  Protection Law.”
   10         (2) For purposes of this section, the term “wage theft”
   11  means the underpayment or nonpayment of wages earned through
   12  lawful employment.
   13         (3) The Legislature finds as a matter of public policy that
   14  it is necessary to declare the theft of wages and the denial of
   15  compensation for work completed to be against the laws and
   16  policies of the state.
   17         (4) The Legislature finds that employers and employees
   18  benefit from consistent and established standards of laws
   19  relating to wage theft and that existing federal and state laws,
   20  including the federal Fair Labor Standards Act of 1938, the
   21  Davis-Bacon Act, the McNamara-O’Hara Service Contract Act of
   22  1965, the Migrant and Seasonal Agricultural Worker Protection
   23  Act, the Contract Work Hours and Safety Standards Act, the
   24  Copeland “Anti-kickback” Act, this chapter, and s. 24, Art. X of
   25  the State Constitution protect employees from predatory and
   26  unfair wage practices while also providing appropriate due
   27  process to employers.
   28         (5) It is the intent of this section to provide uniform
   29  wage theft laws in the state, to void all ordinances and
   30  regulations relating to wage theft that have been enacted by a
   31  governmental entity other than the state or the Federal
   32  Government, and to prohibit the enactment of any future
   33  ordinance or other local regulation relating to wage theft.
   34         (6) This section hereby expressly preempts regulation of
   35  wage theft to the state and supersedes any municipal or county
   36  ordinance or other local regulation on the subject. Any local
   37  ordinance governing wage theft enacted before January 1, 2011,
   38  is not preempted by this section.
   39         Section 2. This act shall take effect upon becoming a law.
   41  ================= T I T L E  A M E N D M E N T ================
   42         And the title is amended as follows:
   43         Delete everything before the enacting clause
   44  and insert:
   45                        A bill to be entitled                      
   46         An act relating to wage protection; creating s.
   47         448.111, F.S.; providing a short title; providing a
   48         definition; providing legislative findings and intent;
   49         preempting regulation of wage theft to the state,
   50         except as otherwise provided by federal law, and
   51         superseding any municipal or county ordinance or other
   52         local regulation on the subject; providing that any
   53         local ordinance governing wage theft enacted before
   54         January 1, 2011, is not preempted; providing an
   55         effective date.