Florida Senate - 2021                                    SB 1726
       By Senator Torres
       15-01862-21                                           20211726__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Labor; creating
    3         s. 20.71, F.S.; creating the Department of Labor,
    4         headed by the Secretary of Labor, who is appointed by
    5         the Governor and confirmed by the Senate; authorizing
    6         the secretary to establish divisions and regional
    7         offices of the department; requiring that the
    8         headquarters of the department be located in
    9         Tallahassee; providing the purpose of the department;
   10         authorizing the department to adopt rules; amending s.
   11         448.109, F.S.; conforming provisions to changes made
   12         by the act; amending s. 448.110, F.S.; designating the
   13         Department of Labor as the state Agency for Workforce
   14         Innovation for purposes of implementing s. 24, Art. X
   15         of the State Constitution; defining terms; revising
   16         the protected rights of an employee; creating a
   17         rebuttable presumption and burden of proof for an
   18         employer; revising the process for filing a complaint
   19         or a civil action for a violation of protected rights;
   20         providing that employers have the burden of proving
   21         that the complainant is not an employee; providing a
   22         presumption regarding employment status in the absence
   23         by proof to the contrary; authorizing the department
   24         to conduct investigations, issue citations, enforce
   25         and collect judgments by certain means, and enter into
   26         agreements with other agencies to assist it with
   27         administration and enforcement; subject to the
   28         appropriation of funds for that purpose, requiring the
   29         department to establish and maintain an outreach and
   30         education partnership program for a specified purpose;
   31         specifying the powers of the department in connection
   32         with its powers and duties; providing for injunctive
   33         relief under certain circumstances; providing a
   34         process for review of a citation, levy, or stop-order
   35         issued by the department; providing penalties,
   36         including criminal penalties; tolling the statute of
   37         limitations during an investigation; providing
   38         liability; requiring that certain records be
   39         maintained for a specified length of time; conforming
   40         provisions to changes made by the act; providing an
   41         effective date.
   43  Be It Enacted by the Legislature of the State of Florida:
   45         Section 1. Section 20.71, Florida Statutes, is created to
   46  read:
   47         20.71Department of Labor; creation; powers and duties.—
   48         (1)There is created the Department of Labor.
   49         (2)The head of the department is the Secretary of Labor,
   50  who shall be appointed by the Governor, subject to confirmation
   51  by the Senate. The secretary shall serve at the pleasure of, and
   52  report to, the Governor.
   53         (3)The secretary may establish divisions within the
   54  department and allocate various functions of the department
   55  among such divisions.
   56         (4)(a)The headquarters of the department must be located
   57  in Tallahassee. However, the department may establish regional
   58  offices throughout this state as the secretary deems necessary
   59  for the efficient operation of the department in accomplishing
   60  its purpose.
   61         (b)The purpose of the department is to enforce s. 24, Art.
   62  X of the State Constitution, s. 448.110, and any other law that
   63  the department has enforcement authority over as designated by
   64  the Legislature.
   65         (5)The department may adopt rules as necessary to carry
   66  out the functions and purposes of the department.
   67         Section 2. Paragraph (a) of subsection (3) of section
   68  448.109, Florida Statutes, is amended to read:
   69         448.109 Notification of the state minimum wage.—
   70         (3)(a) Each year the Department of Labor Department of
   71  Economic Opportunity shall, on or before December 1, create and
   72  make available to employers a poster in English and in Spanish
   73  which reads substantially as follows:
   75                         NOTICE TO EMPLOYEES                       
   77  The Florida minimum wage is $ ...(amount)... per hour, with a
   78  minimum wage of at least $ ...(amount)... per hour for tipped
   79  employees, in addition to tips, for January 1, ...(year)...,
   80  through December 31, ...(year)....
   82  The rate of the minimum wage is recalculated yearly on September
   83  30, based on the Consumer Price Index. Every year on January 1
   84  the new Florida minimum wage takes effect.
   86  An employer may not retaliate against an employee for exercising
   87  his or her right to receive the minimum wage. Rights protected
   88  by the State Constitution include the right to:
   89         	1. File a complaint about an employer’s alleged
   90         noncompliance with lawful minimum wage requirements.
   91         	2. Inform any person about an employer’s alleged
   92         noncompliance with lawful minimum wage requirements.
   93         	3. Inform any person of his or her potential rights under
   94         Section 24, Article X of the State Constitution and section
   95         448.110, Florida Statutes, and to assist him or her in
   96         asserting such rights.
   98  An employee who has not received the lawful minimum wage after
   99  notifying his or her employer and giving the employer 15 days to
  100  resolve any claims for unpaid wages may file a complaint with
  101  the Department of Labor or bring a civil action in a court of
  102  law against an employer to recover back wages plus damages and
  103  attorney 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.
  109  The Department of Labor Attorney General or other official
  110  designated by the Legislature may bring a civil action to
  111  enforce the minimum wage.
  113  For details see Section 24, Article X of the State Constitution
  114  and section 448.110, Florida Statutes.
  115         Section 3. Section 448.110, Florida Statutes, is amended to
  116  read:
  117         448.110 State minimum wage; annual wage adjustment;
  118  enforcement.—
  119         (1) This section may be cited as the “Florida Minimum Wage
  120  Act.”
  121         (2) The purpose of this section is to provide measures
  122  appropriate for the implementation of s. 24, Art. X of the State
  123  Constitution, in accordance with authority granted to the
  124  Legislature under pursuant to s. 24(f), Art. X of the State
  125  Constitution. To implement s. 24, Art. X of the State
  126  Constitution, the Department of Labor Department of Economic
  127  Opportunity is designated as the state Agency for Workforce
  128  Innovation.
  129         (3)As used in this section, the term:
  130         (a)“Adverse action” means the discharge, suspension,
  131  transfer, or demotion of an employee; the withholding of wage,
  132  bonuses, benefits, or workable hours; filing, or threatening to
  133  file, a false report with a government agency or engaging in
  134  unfair immigration-related practices; or any other adverse
  135  action taken against an employee within the terms and conditions
  136  of employment by an employer.
  137         (b)“Client employer” means a business entity, regardless
  138  of its form, which obtains or is supplied employees by a labor
  139  contractor to perform labor within its usual course of business.
  140  The term does not include:
  141         1.A business entity with a workforce of 25 or fewer
  142  employees, including those hired directly by the client employer
  143  and those obtained from or supplied by a labor contractor.
  144         2.A business entity with a workforce of 5 or fewer
  145  employees supplied by a labor contractor to the client employer
  146  at any given time.
  147         3.The state or a political subdivision of the state.
  148         (c)“Department” means the Department of Labor as created
  149  in s. 20.71.
  150         (d)“Employee” has the same meaning as established under
  151  the federal Fair Labor Standards Act and its implementing
  152  regulations in effect on July 1, 2021.
  153         (e)“Employer” has the same meaning as established under
  154  the federal Fair Labor Standards Act and its implementing
  155  regulations in effect on July 1, 2021.
  156         (f)“Judgment debtor” means each person who is liable on a
  157  judgment or order to pay a sum of money which remains
  158  unsatisfied.
  159         (g)“Labor contractor” means a person or entity that
  160  supplies, with or without a contract, a client employer with
  161  employees to perform labor within the client employer’s usual
  162  course of business. The term does not include a bona fide
  163  nonprofit, community-based organization that provides services
  164  to employees or a labor organization or apprenticeship program
  165  operating under a collective bargaining agreement.
  166         (h)“Usual course of business” means the regular and
  167  customary work of a business performed within or on the premises
  168  or worksite of the client employer.
  169         (4)(3) Effective May 2, 2005, employers shall pay employees
  170  a minimum wage at an hourly rate of $6.15 for all hours worked
  171  in Florida. Only those individuals entitled to receive the
  172  federal minimum wage under the federal Fair Labor Standards Act
  173  and its implementing regulations shall be eligible to receive
  174  the state minimum wage under pursuant to s. 24, Art. X of the
  175  State Constitution and this section. Sections 213 and 214 The
  176  provisions of ss. 213 and 214 of the federal Fair Labor
  177  Standards Act, as interpreted by applicable federal regulations
  178  and implemented by the Secretary of Labor, are incorporated
  179  herein.
  180         (5)(a)(4)(a) Beginning September 30, 2005, and annually on
  181  September 30 thereafter, the department of Economic Opportunity
  182  shall calculate an adjusted state minimum wage rate by
  183  increasing the state minimum wage by the rate of inflation for
  184  the 12 months prior to September 1. In calculating the adjusted
  185  state minimum wage, the department of Economic Opportunity shall
  186  use the Consumer Price Index for Urban Wage Earners and Clerical
  187  Workers, not seasonally adjusted, for the South Region or a
  188  successor index as calculated by the United States Department of
  189  Labor. Each adjusted state minimum wage rate shall take effect
  190  on the following January 1, with the initial adjusted minimum
  191  wage rate to take effect on January 1, 2006.
  192         (b) The Department of Revenue and the department of
  193  Economic Opportunity shall annually publish the amount of the
  194  adjusted state minimum wage and the effective date. Publication
  195  shall occur by posting the adjusted state minimum wage rate and
  196  the effective date on the Internet home pages of the department
  197  of Economic Opportunity and the Department of Revenue by October
  198  15 of each year. In addition, to the extent funded in the
  199  General Appropriations Act, the department of Economic
  200  Opportunity shall provide written notice of the adjusted rate
  201  and the effective date of the adjusted state minimum wage to all
  202  employers registered in the most current reemployment assistance
  203  database. Such notice shall be mailed by November 15 of each
  204  year using the addresses included in the database. Employers are
  205  responsible for maintaining current address information in the
  206  reemployment assistance database. The department of Economic
  207  Opportunity is not responsible for failure to provide notice due
  208  to incorrect or incomplete address information in the database.
  209  The department of Economic Opportunity shall provide the
  210  Department of Revenue with the adjusted state minimum wage rate
  211  information and effective date in a timely manner.
  212         (6)(a)(5) It is shall be unlawful for an employer or any
  213  other party to discriminate in any manner or take adverse action
  214  against any person in retaliation for exercising rights
  215  protected under pursuant to s. 24, Art. X of the State
  216  Constitution or this section.
  217         (b) Rights protected under s. 24, Art. X of the State
  218  Constitution and this section include, but are not limited to:,
  219         1. The right to file a complaint or inform any person of
  220  his or her potential rights under pursuant to s. 24, Art. X of
  221  the State Constitution or this section and to assist him or her
  222  in asserting such rights.
  223         2.The right to inform a person’s employer, union or other
  224  similar organization, legal counsel, or any other person about
  225  an alleged violation of s. 24, Art. X of the State Constitution
  226  or this section.
  227         3.The right to file a complaint with the department or
  228  file a civil action for an alleged violation of s. 24, Art. X of
  229  the State Constitution or this section.
  230         4.The right to cooperate with any investigation conducted
  231  under this section and to testify in any proceeding or action
  232  brought under this section.
  233         5.The right to refuse to participate in an activity that
  234  violates city, state, or federal law.
  235         6.The right to oppose any policy, practice, or act that
  236  violates s. 24, Art. X of the State Constitution or this
  237  section.
  238         (c)There is a rebuttable presumption that an employer has
  239  violated s. 24, Art. X of the State Constitution or this section
  240  if the employer takes adverse action against an employee within
  241  90 days after the employee exercises a right under paragraph
  242  (b). If an employee is a seasonal worker and his or her work
  243  ended before the end of the 90-day period, the rebuttable
  244  presumption applies if the employer fails to rehire the seasonal
  245  worker in the same position at the next opportunity. The
  246  rebuttable presumption may be overcome by clear and convincing
  247  evidence.
  248         (d)The protections provided under this section apply to
  249  any employee who in good faith alleges a violation of s. 24,
  250  Art. X of the State Constitution or this section. Any complaint
  251  or other communication by an employee alleging a violation of s.
  252  24, Art. X of the State Constitution or this section triggers
  253  the protections under this section even if the complaint or
  254  communication does not specifically reference this section.
  255         (e)An employee who believes that he or she has been
  256  discriminated or retaliated against for exercising a right under
  257  s. 24, Art. X of the State Constitution or this section may file
  258  a complaint with the department or a civil action within 4 years
  259  after the alleged violation or, in the case of a willful
  260  violation, within 5 years after the alleged violation.
  261         (f)An employer has the burden of proving that a person is
  262  an independent contractor and not an employee. A person who
  263  receives remuneration for services provided is considered an
  264  employee unless the employer proves:
  265         1.The person is free from control or direction by the
  266  employer over the performance of such services.
  267         2.The services provided by the person are outside the
  268  usual course of business of the employer.
  269         3.The person is customarily engaged in an independently
  270  established trade, occupation, profession, or business.
  271         (7)(a)The department may commence investigations, actions,
  272  and proceedings necessary to enforce this section. The
  273  department has the sole discretion as to whether to investigate
  274  an employer to determine if a violation of this section has
  275  occurred.
  276         (b)In order to encourage a person or organization to
  277  report a suspected violation of this section, the department:
  278         1.Shall keep the name and other identifying information of
  279  the reporter confidential to the extent allowed by law. The
  280  department may disclose the reporter’s name or identification
  281  with the written consent of the reporter.
  282         2.Shall provide a notice form to an employer being
  283  investigated, which must be posted in a conspicuous and
  284  accessible location at the workplace, notifying employees that
  285  the department is conducting an investigation under this
  286  section. The notice form must be in English and the primary
  287  language of the employees in the workplace. If display of the
  288  notice form is not feasible, the employer must provide it to
  289  each employee through electronic means and also provide each
  290  employee a physical copy of the notice form.
  291         3.May certify the eligibility of a person for a visa under
  292  8 U.S.C. s. 1184(p) and 8 U.S.C. s. 1101(a)(15)(U), subject to
  293  applicable federal law and regulations, and other rules issued
  294  by the department.
  295         (8)(a)During an investigation under this section, the
  296  department has the power to:
  297         1.Enter and inspect the workplace.
  298         2.Inspect and make copies of papers, books, accounts,
  299  records, payroll, and other documents necessary to further its
  300  investigation.
  301         3. Question witnesses under oath and in a private location.
  302         4. Issue subpoenas to compel the attendance and testimony
  303  of witnesses and the production of papers, books, accounts,
  304  records, payroll, and other documents necessary to further its
  305  investigation.
  306         5. Take depositions and affidavits.
  307         6. Investigate any facts, conditions, practices, or matters
  308  as the department deems appropriate to determine whether a
  309  violation of this section has occurred.
  310         (b) If an employer fails to comply with a lawfully issued
  311  subpoena or a witness refuses to testify or be questioned, the
  312  department may request that the court compel compliance by
  313  initiating a proceeding for contempt.
  314         (c) During an administrative or civil proceeding under this
  315  section, an employer may not introduce any documentation as
  316  evidence which was not provided to the department.
  317         (9)(a) During the course of an investigation under this
  318  section, the department or the Attorney General may seek
  319  injunctive relief upon a finding of reasonable cause that a
  320  violation has occurred.
  321         (b) When determining whether injunctive relief is
  322  appropriate, the court shall consider any direct harm to an
  323  employee from a violation of this section and the chilling
  324  effect on other employees attempting to assert their rights
  325  under this section. Reasonable cause exists for a court to issue
  326  an injunction if an employee has faced adverse action for
  327  asserting his or her rights under this section.
  328         (c) A temporary injunction remains in effect until the
  329  department issues a citation to the employer or until the
  330  completion of an administrative hearing, whichever is longer, or
  331  until a time certain set by the court. A temporary injunction
  332  does not prohibit an employer from taking adverse action against
  333  an employee for conduct unrelated to an alleged violation of
  334  this section.
  335         (d) The court may issue a preliminary or permanent
  336  injunction if it determines such injunction is just and proper.
  337         (10)(a) If a violation of this section is found during an
  338  investigation and the violation has not been remedied by the end
  339  of the investigation, the department shall issue a citation to
  340  the employer. The citation must be in writing and describe the
  341  nature of the violation and include any and all appropriate
  342  relief. Appropriate relief includes requiring an employer to
  343  cease and desist; to take any action necessary to remedy the
  344  violation, such as rehiring or reinstating an employee,
  345  reimbursing lost wages, or paying liquidated damages or other
  346  fines and penalties; to take training classes relating to
  347  compliance with this section; or to submit to compliance
  348  monitoring by the department. The department shall serve the
  349  citation in a manner provided by the Florida Rules of Civil
  350  Procedure. The citation must advise the employer of his or her
  351  right to an administrative hearing to have the citation
  352  reviewed.
  353         (b) Within 30 days after service of a citation, an employer
  354  must pay the amount specified in the citation or may seek review
  355  of the citation by providing a written request for review to the
  356  office of the Secretary of Labor. Hearings conducted under this
  357  subsection are governed by the department and the rules of
  358  practice and procedure adopted by the department.
  359         (c) An administrative hearing must commence within 90 days
  360  after receipt of a timely submitted request for review. The
  361  hearing officer must render a written decision within 90 days
  362  after the conclusion of the hearing. The decision must include a
  363  statement of findings, conclusions of law, and a recommended
  364  order. The decision must be served on all parties in a manner
  365  provided by the Florida Rules of Civil Procedure. If the
  366  recommended order includes a monetary remedy, the amount is due
  367  45 days after the written decision is properly served on the
  368  employer.
  369         (d)1. An employer may obtain review of the written decision
  370  and order issued under paragraph (c) by filing a petition for a
  371  writ of mandamus to a court having jurisdiction within 45 days
  372  after service of the decision. If a petition for a writ of
  373  mandamus is not filed within the appropriate time, the
  374  recommended order in the written decision becomes final.
  375         2. Before an employer may obtain review of the decision, he
  376  or she must post an appeal bond, in the amount specified in the
  377  recommended order, issued by a licensed surety or as a cash
  378  deposit with the court. The employer shall provide written
  379  notice to the department and any other parties of the posting of
  380  the appeal bond.
  381         3. A court may overturn a decision based on abuse of
  382  discretion. An employer establishes an abuse of discretion if he
  383  or she alleges that the findings are not supported by the
  384  evidence and the court determines that the findings are not
  385  supported by substantial evidence when looking at the entire
  386  record.
  387         4. If the court issues an order in favor of the aggrieved
  388  party or if the appeal is withdrawn or dismissed without entry
  389  of judgment, the employer is liable for the amount in the
  390  written decision from the administrative hearing, unless the
  391  parties execute a settlement agreement, in which case the
  392  employer is liable for the amount in the settlement agreement.
  393  If the employer fails to pay the amount owed within 10 days
  394  after entry of a judgment, dismissal or withdrawal of the
  395  appeal, or the execution of a settlement agreement, a portion of
  396  the appeal bond equal to the amount owed or, if the amount owed
  397  exceeds the amount of the bond, the entire appeal bond shall be
  398  paid to the aggrieved party.
  399         5. If the employer does not file a petition for a writ of
  400  mandamus under subparagraph 1. or fails to post the appeal bond
  401  as required in subparagraph 2., or if the petition is dismissed
  402  or withdrawn without entry of judgment, the clerk of the court
  403  must certify a copy of the written decision and order issued at
  404  the administrative hearing and enter judgment for the state or
  405  aggrieved party. The judgment has the same force and effect as a
  406  judgment entered in a civil action and may be enforced in the
  407  same manner as any other judgment of the court. The court must
  408  give priority to petitions to enforce a judgment entered under
  409  this section.
  410         6. If an employer fails to comply with a final order,
  411  whether issued by a hearing officer or the court, and has
  412  exhausted all appeals, the department or the Attorney General
  413  may commence and prosecute a civil action to recover unpaid
  414  wages, including interest, fines, or penalties; equitable
  415  relief; or liquidated damages owed to an aggrieved person. The
  416  prevailing party is entitled to applicable fines or civil
  417  penalties and reasonable attorney fees and costs.
  418         (6)(a) Any person aggrieved by a violation of this section
  419  may bring a civil action in a court of competent jurisdiction
  420  against an employer violating this section or a party violating
  421  subsection (5). However, prior to bringing any claim for unpaid
  422  minimum wages pursuant to this section, the person aggrieved
  423  shall notify the employer alleged to have violated this section,
  424  in writing, of an intent to initiate such an action. The notice
  425  must identify the minimum wage to which the person aggrieved
  426  claims entitlement, the actual or estimated work dates and hours
  427  for which payment is sought, and the total amount of alleged
  428  unpaid wages through the date of the notice.
  429         (b) The employer shall have 15 calendar days after receipt
  430  of the notice to pay the total amount of unpaid wages or
  431  otherwise resolve the claim to the satisfaction of the person
  432  aggrieved. The statute of limitations for bringing an action
  433  pursuant to this section shall be tolled during this 15-day
  434  period. If the employer fails to pay the total amount of unpaid
  435  wages or otherwise resolve the claim to the satisfaction of the
  436  person aggrieved, then the person aggrieved may bring a claim
  437  for unpaid minimum wages, the terms of which must be consistent
  438  with the contents of the notice.
  439         (11)(a)(c)1. Upon prevailing in an action brought under
  440  pursuant to this section, aggrieved persons shall recover the
  441  full amount of any unpaid back wages, plus interest, unlawfully
  442  withheld plus up to two times the unpaid wages the same amount
  443  as liquidated damages and must shall be awarded reasonable
  444  attorney attorney’s fees and costs. As provided under the
  445  federal Fair Labor Standards Act, pursuant to s. 11 of the
  446  Portal-to-Portal Act of 1947, 29 U.S.C. s. 260, if the employer
  447  proves by a preponderance of the evidence that the act or
  448  omission giving rise to such action was in good faith and that
  449  the employer had reasonable grounds for believing that his or
  450  her act or omission was not a violation of s. 24, Art. X of the
  451  State Constitution or this section, the court may, in its sound
  452  discretion, award no liquidated damages or award any amount
  453  thereof not to exceed an amount equal to the amount of unpaid
  454  minimum wages. The court may shall not award any economic
  455  damages on a claim for unpaid minimum wages not expressly
  456  authorized in this section.
  457         (b)2. Upon prevailing in an action brought under pursuant
  458  to this section, aggrieved persons also are shall also be
  459  entitled to such legal or equitable relief as may be appropriate
  460  to remedy the violation, including, without limitation,
  461  reinstatement in employment and injunctive relief. However, any
  462  entitlement to legal or equitable relief in an action brought
  463  under s. 24, Art. X of the State Constitution or this section
  464  may shall not include punitive damages.
  465         (c) If an employer is found to have willfully violated this
  466  section, the department may impose a fine of $1,000 per
  467  violation payable to the state.
  468         (d) Any employer or other person found to have hindered,
  469  prevented, impeded, or interfered with the department or
  470  administrative hearing body in the performance of its duties is
  471  subject to a civil penalty of not less than $1,000 and not more
  472  than $5,000.
  473         (e) If the court finds that an employer took adverse action
  474  or retaliated against an employee in violation of subsection
  475  (6):
  476         1. The court may order reinstatement of the aggrieved
  477  party, front pay in lieu of reinstatement, back pay, liquidated
  478  damages up to two times the amount of the unpaid wages, and
  479  other compensatory damages as appropriate.
  480         2. The department may impose an administrative penalty not
  481  to exceed $5,000 to the aggrieved party.
  482         (f)(d) Any civil action brought under s. 24, Art. X of the
  483  State Constitution and this section is shall be subject to s.
  484  768.79.
  485         (7) The Attorney General may bring a civil action to
  486  enforce this section. The Attorney General may seek injunctive
  487  relief. In addition to injunctive relief, or in lieu thereof,
  488  for any employer or other person found to have willfully
  489  violated this section, the Attorney General may seek to impose a
  490  fine of $1,000 per violation, payable to the state.
  491         (12)(8) The statute of limitations for an action brought
  492  under pursuant to this section is shall be for the period of
  493  time specified in s. 95.11 beginning on the date the department
  494  issues a written notice to the employer that an investigation
  495  has commenced the alleged violation occurred. The statute of
  496  limitations applicable to an action under this section is tolled
  497  during the department’s investigation and any administrative
  498  enforcement under this section.
  499         (13)(9) Actions brought under pursuant to this section may
  500  be brought as a class action pursuant to Rule 1.220, Florida
  501  Rules of Civil Procedure. In any class action brought under
  502  pursuant to this section, the plaintiffs must shall prove, by a
  503  preponderance of the evidence, the individual identity of each
  504  class member and the individual damages of each class member.
  505         (14)(10) This section is shall constitute the exclusive
  506  remedy under state law for violations of s. 24, Art. X of the
  507  State Constitution.
  508         (15) The department shall make reasonable efforts to ensure
  509  that judgments against an employer are satisfied and may use any
  510  remedy available to a judgment creditor to collect an
  511  unsatisfied judgment. The department may collect wages, damages,
  512  and other monetary remedies on behalf of an employee. The
  513  department acts as the trustee of any unsatisfied judgment it
  514  collects and shall deposit such wages, damages, or other
  515  monetary remedy in the appropriate fund as provided by rule. The
  516  department shall conduct a diligent search for any employee for
  517  whom it collects an unsatisfied judgment.
  518         (16)(a) Beginning on the 20th day after a judgment is
  519  entered by a court of competent jurisdiction in favor of the
  520  department, the department may issue a notice of levy on all
  521  persons having in their possession or under their control any
  522  credits, money, or property belonging to the judgment debtor. If
  523  the levy is made on credits, money, or property in the
  524  possession or under the control of a bank, a savings and loan
  525  association, or another financial institution as defined in 42
  526  U.S.C. s. 669a(d)(1), the notice of levy may be mailed or hand
  527  delivered to a centralized location designated by the bank, the
  528  savings and loan association, or the other financial
  529  institution.
  530         (b) Any person who receives a notice of levy shall
  531  surrender the credits, money, or property to the department or
  532  pay to the department the amount of any debt owed within 10 days
  533  after service of the levy. Any person who surrenders to the
  534  department any credits, money, or property of the judgment
  535  debtor is discharged from any obligation or liability to the
  536  judgment debtor relating to the amount paid to the department.
  537         (c) Any person who receives a notice of levy from the
  538  department and fails or refuses to surrender any credits, money,
  539  or property of the judgment debtor is liable to the department
  540  for the amount specified in the notice of levy.
  541         (d) Any fees, commissions, expenses, or costs associated
  542  with the sale of property levied under this subsection are the
  543  obligation of the judgment debtor and may be collected by virtue
  544  of the levy or in any other manner as though the fees,
  545  commissions, expenses, or costs were part of the judgment.
  546         (e) The department may create a lien on any real or
  547  personal property of an employer found in violation of s. 24,
  548  Art. X of the State Constitution or this section. The department
  549  shall release the lien upon final satisfaction of any judgment
  550  entered in favor of an aggrieved party or the department, or
  551  upon adjudication of the claim in favor of the employer. A lien
  552  created under this paragraph lasts 10 years after the date it is
  553  created unless the lien is satisfied or released. A lien created
  554  under this paragraph is in addition to any other rights
  555  available to an aggrieved party or the department.
  556         (17)(a) If a final judgment awarded under this section
  557  remains unsatisfied 30 days after all appeals have been
  558  exhausted or the time to file an appeal has expired, the
  559  department may issue a stop-order prohibiting the employer from
  560  conducting business in this state using employee labor,
  561  including conducting business using the labor of another
  562  business, contractor, or subcontractor instead of the labor of
  563  an employee, until the judgment is satisfied. The stop-order is
  564  effective upon receipt of the order, and the employer must pay
  565  employees up to 10 days of lost wages due to the stop-order.
  566         (b) An employer may appeal the stop-order by filing, within
  567  20 days after receipt of the stop-order, a written request with
  568  the department for an administrative hearing. The hearing must
  569  be held within 5 days after receipt of the written request, at
  570  which time the stop-order must be affirmed or dismissed, and the
  571  department shall serve a written notice of findings on all
  572  parties within 24 hours after the conclusion of the hearing. A
  573  party may appeal the written notice of findings to a court of
  574  competent jurisdiction within 45 days after the notice is
  575  mailed. The department may seek injunctive or other appropriate
  576  relief to enforce the stop-order and is entitled to attorney
  577  fees and costs if the department prevails.
  578         (c) An employer, owner, director, officer, or managing
  579  agent of an employer who fails to comply with a stop-order
  580  issued under this subsection commits a misdemeanor of the second
  581  degree, punishable as provided in s. 775.082 or s. 775.083.
  582         (d) This subsection does not apply if the stop-order would
  583  compromise public safety or the life, health, and care of a
  584  vulnerable person.
  585         (18) If a final judgment awarded under this section remains
  586  unsatisfied 30 days after all appeals have been exhausted or the
  587  time to file an appeal has expired, the department may request
  588  that the appropriate state agency deny, suspend, or revoke any
  589  license held by the employer until such time as the judgment is
  590  satisfied, and that agency may take such action.
  591         (19) Any person acting on behalf of an employer may be held
  592  liable as the employer for a violation of s. 24, Art. X of the
  593  State Constitution or this section. A client employer is jointly
  594  and severally liable with a labor contractor for the payment of
  595  unpaid wages, interest, liquidated damages, fines, or penalties
  596  awarded under this section.
  597         (20) All employers, client employers, and labor contractors
  598  shall create records documenting compliance with s. 24, Art. X
  599  of the State Constitution and this section in accordance with
  600  department rules. Records must be maintained for a minimum of 5
  601  years after an employee leaves the employment of the employer or
  602  client employer, or is no longer working with a labor
  603  contractor. An employer, client employer, or labor contractor
  604  must allow the department reasonable access to the records when
  605  requested. If an employee alleges a violation of s. 24, Art. X
  606  of the State Constitution or this section and the employer,
  607  client employer, or labor contractor has not created and
  608  maintained records as required under this subsection, there is a
  609  rebuttable presumption that the employer, client employer, or
  610  labor contractor is in violation of the law. The employer,
  611  client employer, or labor contractor can overcome this
  612  presumption with clear and convincing evidence.
  613         (21) The department may enter into agreements with local,
  614  state, or federal agencies to assist in the administration and
  615  enforcement of this section.
  616         (22) Subject to the appropriation of funds by the
  617  Legislature, the department shall establish and maintain an
  618  outreach and education partnership program to promote awareness
  619  of, and compliance with, s. 24, Art. X of the State Constitution
  620  and this section. The department shall pursue partnerships with
  621  community-based organizations and unions through a competitive
  622  request for proposals. Duties of the outreach and education
  623  partnership program may include:
  624         (a) Disseminating information and conducting outreach and
  625  training to educate employees about their rights.
  626         (b) Conducting educational training for employers about
  627  their obligations.
  628         (c) Assisting employees with filing a claim for a violation
  629  under s. 24, Art. X of the State Constitution or this section.
  630         (d) Assisting the department in conducting investigations
  631  under this section, including the collection of evidence and
  632  enforcement of a judgment.
  633         (e) Monitoring compliance with s. 24, Art. X of the State
  634  Constitution and this section.
  635         (f) Establishing networks for education, communication, and
  636  participation in the workplace and community.
  637         (g) Producing and disseminating training materials to
  638  employers and employees.
  639         (23)(11) Except for calculating the adjusted state minimum
  640  wage and publishing the initial state minimum wage and any
  641  annual adjustments thereto, the authority of the department of
  642  Economic Opportunity in implementing s. 24, Art. X of the State
  643  Constitution, pursuant to this section, is shall be limited to
  644  that authority expressly granted by the Legislature.
  645         Section 4. This act shall take effect July 1, 2021.