Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 926
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       Senator Simpson moved the following:
       
    1         Senate Substitute for Amendment (979238) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 448.111, Florida Statutes, is created to
    7  read:
    8         448.111 Local regulation of wage theft.—
    9         (1) DEFINITIONS.—As used in this section, the term:
   10         (a) “Legal services organization” means an organization
   11  that provides free or low-cost legal services to qualified
   12  persons and meets the minimum standards established by The
   13  Florida Bar for providing such services, including a legal
   14  practice clinic operated by an accredited Florida law school.
   15         (b) “Wage theft” means an illegal or improper underpayment
   16  or nonpayment of an individual employee’s wage, salary,
   17  commission, or other similar form of compensation within a
   18  reasonable time after the date on which the employee performed
   19  the work to be compensated. A wage theft occurs when an employer
   20  fails to pay a portion of the wages, salary, commissions, or
   21  other similar forms of compensation due to an employee within a
   22  reasonable time after the date on which the employee performed
   23  the work, according to the current applicable rate and the pay
   24  schedule of the employer established by policy or practice.
   25         (2) LOCAL ORDINANCES; REQUIRED PROVISIONS.—Upon the
   26  determination by a county that a local solution to wage theft is
   27  necessary, the county may adopt a local ordinance that includes
   28  the following provisions:
   29         (a) The county shall partner with a local legal services
   30  organization for the purpose of establishing a local process
   31  through which claims of wage theft shall be addressed by the
   32  legal services organization. The county may partner with a legal
   33  services organization located within the county itself or within
   34  an adjoining county.
   35         (b) An individual who has experienced wage theft may
   36  contact the legal services organization for assistance in
   37  recovering wages. The legal services organization shall
   38  determine whether the individual has a bona fide claim for
   39  unpaid wages.
   40         (c) The legal services organization shall notify the
   41  employer and provide the employer with an opportunity to resolve
   42  the matter of unpaid wages in the manner deemed most appropriate
   43  to each claim. The notification may occur by telephone, written
   44  correspondence, or any other means deemed appropriate by the
   45  legal services organization.
   46         (d) The legal services organization shall work with the
   47  employee and employer to resolve the issue informally but
   48  expeditiously. The informal resolution may include obtaining
   49  attorney fees and costs from the employer.
   50         (e) The legal services organization shall file court
   51  actions as appropriate and refer unresolved claims to local pro
   52  bono or other counsel for resolution.
   53         (f) The county shall establish a reporting mechanism
   54  through which the county receives regular reports regarding the
   55  legal services organization’s work on cases of wage theft. The
   56  county may require monthly, quarterly, or annual reports, or any
   57  combination thereof.
   58         (3) FUNDING.—The county may dedicate county funds to assist
   59  the legal services organization in addressing claims of wage
   60  theft.
   61         (4) PREEMPTION.—A local regulation of wage theft enacted on
   62  or after January 1, 2014, by a county, municipality, or other
   63  political subdivision which exceeds the provisions of this
   64  section is preempted to the state. A county, municipality, or
   65  other political subdivision that has enacted a local ordinance
   66  or resolution regulating wage theft before January 1, 2014, may
   67  amend, revise, or repeal its ordinance or resolution on or after
   68  January 1, 2014. Amendments and revisions to existing ordinances
   69  or resolutions as authorized under this subsection do not cause
   70  such ordinances or resolutions to be preempted.
   71         (5) PROSECUTION FOR WAGE THEFT.-This section does not
   72  preclude a person who commits wage theft from being prosecuted
   73  for theft under s. 812.014.
   74         Section 2. This act shall take effect upon becoming a law.
   75  
   76  ================= T I T L E  A M E N D M E N T ================
   77  And the title is amended as follows:
   78         Delete everything before the enacting clause
   79  and insert:
   80                        A bill to be entitled                      
   81         An act relating to local regulation of wage theft;
   82         creating s. 448.111, F.S.; defining terms; providing
   83         requirements for county ordinances regulating wage
   84         theft; authorizing county funding to assist in
   85         addressing claims of wage theft; preempting further
   86         regulation of wage theft to the state; providing an
   87         exception for an ordinance enacted by a specified
   88         date; specifying that a person who commits wage theft
   89         is not precluded from being prosecuted for theft;
   90         providing an effective date.