Florida Senate - 2019                                    SB 1352
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       37-00334C-19                                          20191352__
    1                        A bill to be entitled                      
    2         An act relating to the minimum wage; amending s.
    3         448.110, F.S.; revising the formula for the adjusted
    4         state minimum wage; reducing over time the amount of
    5         tip credit an employer may claim; prohibiting an
    6         employer from claiming a tip credit beginning on a
    7         specified date; conforming a cross-reference;
    8         providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Present subsections (5) through (11) of section
   13  448.110, Florida Statutes, are redesignated as subsections (6)
   14  through (12), respectively, a new subsection (5) is added to
   15  that section, and subsection (4) and paragraph (a) of present
   16  subsection (6) of that section are amended, to read:
   17         448.110 State minimum wage; annual wage adjustment;
   18  enforcement.—
   19         (4)(a) Beginning September 30, 2019, and each September 30
   20  thereafter through 2027, 2005, and annually on September 30
   21  thereafter, the Department of Economic Opportunity shall
   22  calculate an adjusted state minimum wage rate by increasing the
   23  state minimum wage by the rate of inflation for the 12 months
   24  preceding prior to September 1 of that year plus 80 cents.
   25  Beginning September 30, 2028, and each September 30 thereafter,
   26  the Department of Economic Opportunity shall increase the state
   27  minimum wage by the rate of inflation for the 12 months
   28  preceding September 1 of that year.
   29         (b) In calculating the adjusted state minimum wage, the
   30  Department of Economic Opportunity shall use the Consumer Price
   31  Index for Urban Wage Earners and Clerical Workers, not
   32  seasonally adjusted, for the South Region or a successor index
   33  as calculated by the United States Department of Labor.
   34         (c) Each adjusted state minimum wage rate shall take effect
   35  on the following January 1, with the initial adjusted state
   36  minimum wage rate to take effect on January 1, 2020 2006.
   37         (d)(b) The Department of Revenue and the Department of
   38  Economic Opportunity shall annually publish the amount of the
   39  adjusted state minimum wage and the effective date. Publication
   40  shall occur by posting the adjusted state minimum wage rate and
   41  the effective date on the Internet home pages of the Department
   42  of Economic Opportunity and the Department of Revenue by October
   43  15 of each year. In addition, to the extent funded in the
   44  General Appropriations Act, the Department of Economic
   45  Opportunity shall provide written notice of the adjusted rate
   46  and the effective date of the adjusted state minimum wage to all
   47  employers registered in the most current reemployment assistance
   48  database. Such notice shall be mailed by November 15 of each
   49  year using the addresses included in the database. Employers are
   50  responsible for maintaining current address information in the
   51  reemployment assistance database. The Department of Economic
   52  Opportunity is not responsible for failure to provide notice due
   53  to incorrect or incomplete address information in the database.
   54  The Department of Economic Opportunity shall provide the
   55  Department of Revenue with the adjusted state minimum wage rate
   56  information and effective date in a timely manner.
   57         (5)(a) Beginning January 1, 2020, and each January 1
   58  thereafter through 2027, the maximum amount of tip credit an
   59  employer may claim shall be reduced by 38 cents.
   60         (b) Beginning January 1, 2028, an employer may not claim a
   61  tip credit.
   62         (7)(6)(a) Any person aggrieved by a violation of this
   63  section may bring a civil action in a court of competent
   64  jurisdiction against an employer violating this section or a
   65  party violating subsection (6)(5). However, before prior to
   66  bringing any claim for unpaid minimum wages pursuant to this
   67  section, the person aggrieved shall notify the employer alleged
   68  to have violated this section, in writing, of an intent to
   69  initiate such an action. The notice must identify the minimum
   70  wage to which the person aggrieved claims entitlement, the
   71  actual or estimated work dates and hours for which payment is
   72  sought, and the total amount of alleged unpaid wages through the
   73  date of the notice.
   74         Section 2. This act shall take effect July 1, 2019.