Florida Senate - 2024                                    SB 1388
       
       
        
       By Senator Torres
       
       
       
       
       
       25-00554-24                                           20241388__
    1                        A bill to be entitled                      
    2         An act relating to the Division of Labor Standards;
    3         amending s. 20.60, F.S.; creating the Division of
    4         Labor Standards within the Department of Commerce for
    5         specified purposes; specifying that the department is
    6         the state’s chief agency for employee protection;
    7         requiring the department to support and protect the
    8         state’s workforce in a specified manner; amending s.
    9         448.109, F.S.; revising requirements for notifying
   10         employees of certain rights; conforming provisions to
   11         changes made by the act; amending s. 448.110, F.S.;
   12         designating the Division of Labor Standards as the
   13         state Agency for Workforce Innovation for purposes of
   14         implementing s. 24, Art. X of the State Constitution;
   15         providing definitions; revising the protected rights
   16         of an employee; creating a rebuttable presumption and
   17         burden of proof for an employer; revising the process
   18         for filing a complaint for a violation of protected
   19         rights; specifying that certain actions are violations
   20         of the state minimum wage law; prohibiting a person or
   21         entity from entering into certain contracts;
   22         authorizing and providing the division certain powers
   23         to conduct investigations, issue citations, enforce
   24         and collect judgments by certain means, and partner
   25         with other entities for enforcement and education
   26         outreach; providing for injunctive relief under
   27         certain circumstances; providing a process for review
   28         of a citation, levy, or stop-order issued by the
   29         division; authorizing an aggrieved person to file a
   30         civil action; providing penalties; tolling the statute
   31         of limitations during an investigation; providing
   32         liability; requiring certain records be maintained for
   33         a specified length of time; creating s. 448.112, F.S.;
   34         creating the Division of Labor Standards Community
   35         Advisory Board within the Division of Labor Standards;
   36         providing for membership, meetings, and duties of the
   37         advisory board; requiring annual reports to the
   38         director of the Division of Labor Standards, the
   39         Governor, and the Legislature; providing an effective
   40         date.
   41          
   42  Be It Enacted by the Legislature of the State of Florida:
   43  
   44         Section 1. Paragraph (a) of subsection (3) and subsection
   45  (4) of section 20.60, Florida Statutes, are amended to read:
   46         20.60 Department of Commerce; creation; powers and duties.—
   47         (3)(a) The following divisions and offices of the
   48  Department of Commerce are established:
   49         1. The Division of Economic Development.
   50         2. The Division of Community Development.
   51         3. The Division of Workforce Services.
   52         4. The Division of Finance and Administration.
   53         5. The Division of Information Technology.
   54         6. The Office of the Secretary.
   55         7. The Office of Economic Accountability and Transparency,
   56  which shall:
   57         a. Oversee the department’s critical objectives as
   58  determined by the secretary and make sure that the department’s
   59  key objectives are clearly communicated to the public.
   60         b. Organize department resources, expertise, data, and
   61  research to focus on and solve the complex economic challenges
   62  facing the state.
   63         c. Provide leadership for the department’s priority issues
   64  that require integration of policy, management, and critical
   65  objectives from multiple programs and organizations internal and
   66  external to the department; and organize and manage external
   67  communication on such priority issues.
   68         d. Promote and facilitate key department initiatives to
   69  address priority economic issues and explore data and identify
   70  opportunities for innovative approaches to address such economic
   71  issues.
   72         e. Promote strategic planning for the department.
   73         8.The Division of Labor Standards, which shall:
   74         a.Administer and enforce s. 24, Art. X of the State
   75  Constitution, s. 448.110, and any other statutes and laws, or
   76  parts thereof, that the division has been granted administrative
   77  or enforcement authority over by the Legislature.
   78         b.Promote compliance with s. 24, Art. X of the State
   79  Constitution, s. 448.110, and any other statutes and laws, or
   80  parts thereof, that the division has been granted administrative
   81  or enforcement authority over by the Legislature through
   82  investigative and enforcement actions, local outreach, technical
   83  assistance, and training.
   84         c.Investigate and ascertain the wages of persons employed
   85  in any occupation or place of employment in the state as the
   86  division finds necessary and proper.
   87         d.Partner with communities, businesses, and employees in
   88  the state for stakeholder input and collaboration.
   89         e.Adopt rules as necessary to carry out the functions and
   90  purposes of the division.
   91         (4) The purpose of the department is to assist the Governor
   92  in working with the Legislature, state agencies, business
   93  leaders, and economic development professionals to formulate and
   94  implement coherent and consistent policies and strategies
   95  designed to promote economic opportunities for all Floridians.
   96  The department is the state’s chief agency for business
   97  recruitment and expansion, employee protection, and economic
   98  development. To accomplish such purposes, the department shall:
   99         (a) Facilitate the direct involvement of the Governor and
  100  the Lieutenant Governor in economic development and workforce
  101  development projects designed to create, expand, and retain
  102  businesses in this state; to recruit business from around the
  103  world; to promote the state as a pro-business location for new
  104  investment; and to facilitate other job-creating efforts.
  105         (b) Recruit new businesses to this state and promote the
  106  expansion of existing businesses by expediting permitting and
  107  location decisions, worker placement and training, and incentive
  108  awards.
  109         (c) Promote viable, sustainable communities by providing
  110  technical assistance and guidance on growth and development
  111  issues, grants, and other assistance to local communities.
  112         (d) Ensure that the state’s goals and policies relating to
  113  economic development, workforce development, community planning
  114  and development, and affordable housing are fully integrated
  115  with appropriate implementation strategies.
  116         (e) Manage the activities of public-private partnerships
  117  and state agencies in order to avoid duplication and promote
  118  coordinated and consistent implementation of programs in areas
  119  including, but not limited to, tourism; international trade and
  120  investment; business recruitment, creation, retention, and
  121  expansion; minority and small business development; defense,
  122  space, and aerospace development; rural community development;
  123  and the development and promotion of professional and amateur
  124  sporting events.
  125         (f) Coordinate with state agencies on the processing of
  126  state development approvals or permits to minimize the
  127  duplication of information provided by the applicant and the
  128  time before approval or disapproval.
  129         (g) Contract with the Florida Sports Foundation to guide,
  130  stimulate, and promote the sports industry in this state; to
  131  promote the participation of residents of this state in amateur
  132  athletic competition; and to promote this state as a host for
  133  national and international amateur athletic competitions.
  134         (h) Encourage and oversee the coordination of international
  135  trade development efforts of public institutions, business
  136  associations, economic development councils, and private
  137  industry.
  138         (i) Contract with the direct-support organization created
  139  in s. 288.012, to assist with coordination described in
  140  paragraph (h); provide services through State of Florida
  141  international offices; and assist in developing and carrying out
  142  the 5-year statewide strategic plan as it relates to foreign
  143  investment, international partnerships, and other international
  144  business and trade development.
  145         (j) Support Florida’s defense, space, and aerospace
  146  industries, including research and development, and strengthen
  147  this state’s existing leadership in defense, space, and
  148  aerospace activity and economic growth.
  149         (k) Assist, promote, and enhance economic opportunities for
  150  this state’s minority-owned businesses and rural and urban
  151  communities.
  152         (l) Contract with the Florida Tourism Industry Marketing
  153  Corporation to execute tourism promotion and marketing services,
  154  functions, and programs for the state and advise the department
  155  on the development of domestic and international tourism
  156  marketing campaigns featuring this state.
  157         (m)Support and protect Florida’s workforce and bolster
  158  state revenue by ensuring a fair day’s pay for employees and
  159  strengthening business through fair competition.
  160         Section 2. Paragraph (a) of subsection (3) of section
  161  448.109, Florida Statutes, is amended to read:
  162         448.109 Notification of the state minimum wage.—
  163         (3)(a) Each year the Division of Labor Standards Department
  164  of Economic Opportunity shall, on or before December 1, create
  165  and make available to employers a poster in English, and in
  166  Spanish, and any other languages, as necessary. The poster must
  167  give notice of all of the following:
  168         1.The right to the minimum wage as provided by s. 24, Art.
  169  X of the State Constitution and s. 448.110.
  170         2.The right to be protected from retaliation for
  171  exercising in good faith any right protected under s. 24, Art. X
  172  of the State Constitution and s. 448.110.
  173         3.The right to file a complaint with the Division of Labor
  174  Standards or bring a civil action in a court of competent
  175  jurisdiction for a violation of s. 24, Art. X of the State
  176  Constitution or s. 448.110. which reads substantially as
  177  follows:
  178                         NOTICE TO EMPLOYEES                       
  179  The Florida minimum wage is $ ...(amount)... per hour, with a
  180  minimum wage of at least $ ...(amount)... per hour for tipped
  181  employees, in addition to tips, for January 1, ...(year)...,
  182  through December 31, ...(year)....
  183  The rate of the minimum wage is recalculated yearly on September
  184  30, based on the Consumer Price Index. Every year on January 1
  185  the new Florida minimum wage takes effect.
  186  An employer may not retaliate against an employee for exercising
  187  his or her right to receive the minimum wage. Rights protected
  188  by the State Constitution include the right to:
  189         1.File a complaint about an employer’s alleged noncompliance
  190         with lawful minimum wage requirements.
  191         2.Inform any person about an employer’s alleged noncompliance
  192         with lawful minimum wage requirements.
  193         3.Inform any person of his or her potential rights under
  194         Section 24, Article X of the State Constitution and to
  195         assist him or her in asserting such rights.
  196  An employee who has not received the lawful minimum wage after
  197  notifying his or her employer and giving the employer 15 days to
  198  resolve any claims for unpaid wages may bring a civil action in
  199  a court of law against an employer to recover back wages plus
  200  damages and attorney’s fees.
  201  An employer found liable for intentionally violating minimum
  202  wage requirements is subject to a fine of $1,000 per violation,
  203  payable to the state.
  204  The Attorney General or other official designated by the
  205  Legislature may bring a civil action to enforce the minimum
  206  wage.
  207  For details see Section 24, Article X of the State Constitution.
  208         Section 3. Section 448.110, Florida Statutes, is amended to
  209  read:
  210         448.110 State minimum wage; annual wage adjustment;
  211  enforcement.—
  212         (1) This section may be cited as the “Florida Minimum Wage
  213  Act.”
  214         (2) The purpose of this section is to provide measures
  215  appropriate for the implementation of s. 24, Art. X of the State
  216  Constitution, in accordance with authority granted to the
  217  Legislature under pursuant to s. 24(f), Art. X of the State
  218  Constitution. To implement s. 24, Art. X of the State
  219  Constitution, the Division of Labor Standards, a division within
  220  the Department of Commerce Department of Economic Opportunity is
  221  designated as the state Agency for Workforce Innovation.
  222         (3)As used in this section, the term:
  223         (a)“Adverse action” means the discharge, suspension,
  224  transfer, or demotion of an employee; the withholding of wage,
  225  bonuses, benefits, or workable hours; filing, or threatening to
  226  file, a false report with a government agency or engaging in
  227  unfair immigration-related practices; or any other adverse
  228  action taken against an employee within the terms and conditions
  229  of employment by an employer.
  230         (b)“Client employer” means a business entity, regardless
  231  of its form, that obtains or is provided employees to perform
  232  labor within its usual course of business from a labor
  233  contractor. The term does not include:
  234         1.A business entity with a workforce of 25 or fewer
  235  employees, including those hired directly by the client employer
  236  and those obtained from or provided by a labor contractor.
  237         2.A business entity with a workforce of five or fewer
  238  employees supplied by a labor contractor to the client employer
  239  at any given time.
  240         3.The state or a political subdivision of the state.
  241         (c)“Director” means the director of the Division of Labor
  242  Standards.
  243         (d)“Division” means the Division of Labor Standards of the
  244  Department of Commerce.
  245         (e)“Employee” means a person employed by an employer,
  246  including, but not limited to, full-time employees, part-time
  247  employees, and temporary employees.
  248         (f)“Employer” has the same meaning as established under
  249  the federal Fair Labor Standards Act and its implementing
  250  regulations in effect on July 1, 2024.
  251         (g)“Judgment debtor” means each person who is liable on a
  252  judgment or order to pay a sum of money that remains
  253  unsatisfied.
  254         (h)“Labor contractor” means a person or entity that
  255  supplies, with or without a contract, a client employer with
  256  employees to perform labor within the client employer’s usual
  257  course of business. The term does not include a bona fide
  258  nonprofit, community-based organization that provides services
  259  to employees or a labor organization or apprenticeship program
  260  operating under a collective bargaining agreement.
  261         (i) “Usual course of business” means the regular and
  262  customary work of a business performed within or upon the
  263  premises or worksite of the client employer.
  264         (4)(3) Employers shall pay employees a minimum wage at an
  265  hourly rate of $6.15 for all hours worked in Florida. Only those
  266  individuals entitled to receive the federal minimum wage under
  267  the federal Fair Labor Standards Act, as amended, and its
  268  implementing regulations shall be eligible to receive the state
  269  minimum wage under pursuant to s. 24, Art. X of the State
  270  Constitution and this section. Sections 213 and 214 The
  271  provisions of ss. 213 and 214 of the federal Fair Labor
  272  Standards Act, as interpreted by applicable federal regulations
  273  and implemented by the Secretary of Labor, are incorporated
  274  herein.
  275         (5)(a)(4)(a) Beginning September 30, 2005, and annually on
  276  September 30 thereafter, the division department of Economic
  277  Opportunity shall calculate an adjusted state minimum wage rate
  278  by increasing the state minimum wage by the rate of inflation
  279  for the 12 months prior to September 1. In calculating the
  280  adjusted state minimum wage, the division department of Economic
  281  Opportunity shall use the Consumer Price Index for Urban Wage
  282  Earners and Clerical Workers, not seasonally adjusted, for the
  283  South Region or a successor index as calculated by the United
  284  States Department of Labor. Each adjusted state minimum wage
  285  rate shall take effect on the following January 1, with the
  286  initial adjusted minimum wage rate to take effect on January 1,
  287  2006.
  288         (b) The Department of Revenue and the division department
  289  of Economic Opportunity shall annually publish the amount of the
  290  adjusted state minimum wage and the effective date. Publication
  291  shall occur by posting the adjusted state minimum wage rate and
  292  the effective date on the Internet home pages of the division
  293  department of Economic Opportunity and the Department of Revenue
  294  by October 15 of each year. In addition, to the extent funded in
  295  the General Appropriations Act, the division department of
  296  Economic Opportunity shall provide written notice of the
  297  adjusted rate and the effective date of the adjusted state
  298  minimum wage to all employers registered in the most current
  299  reemployment assistance database. Such notice shall be mailed by
  300  November 15 of each year using the addresses included in the
  301  database. Employers are responsible for maintaining current
  302  address information in the reemployment assistance database. The
  303  division department of Economic Opportunity is not responsible
  304  for failure to provide notice due to incorrect or incomplete
  305  address information in the database. The division department of
  306  Economic Opportunity shall provide the Department of Revenue
  307  with the adjusted state minimum wage rate information and
  308  effective date in a timely manner.
  309         (6)(a)(5) It is shall be unlawful for an employer or any
  310  other party to discriminate in any manner or take adverse action
  311  against any person in retaliation for exercising rights
  312  protected under pursuant to s. 24, Art. X of the State
  313  Constitution or this section.
  314         (b) Rights protected under s. 24, Art. X of the State
  315  Constitution and this section include, but are not limited to:,
  316         1. The right to file a complaint or inform any person of
  317  his or her potential rights under pursuant to s. 24, Art. X of
  318  the State Constitution or this section and to assist him or her
  319  in asserting such rights.
  320         2. The right to inform a person’s employer, union or other
  321  similar organization, legal counsel, or any other person about
  322  an alleged violation of s. 24, Art. X of the State Constitution
  323  or this section.
  324         3. The right to file a complaint with the division or file
  325  a civil action in a court of competent jurisdiction for an
  326  alleged violation of s. 24, Art. X of the State Constitution or
  327  this section.
  328         4. The right to cooperate with any investigation conducted
  329  under this section and to testify in any proceeding or action
  330  brought under this section.
  331         5. The right to refuse to participate in an activity that
  332  violates city, state, or federal law.
  333         6. The right to oppose any policy, practice, or act that
  334  violates s. 24, Art. X of the State Constitution or this
  335  section.
  336         (c) There is a rebuttable presumption that an employer has
  337  violated s. 24, Art. X of the State Constitution or this section
  338  if the employer takes adverse action against an employee within
  339  90 days after the employee exercises a right under paragraph
  340  (b). If an employee is a seasonal worker and his or her work
  341  ended before the end of the 90-day period, the rebuttable
  342  presumption applies if the employer fails to rehire the seasonal
  343  worker in the same position at the next opportunity. The
  344  rebuttable presumption may be overcome by clear and convincing
  345  evidence.
  346         (d) The protections provided under this section apply to
  347  any employee who alleges a violation of s. 24, Art. X of the
  348  State Constitution or this section in good faith. Any complaint
  349  or other communication by an employee alleging a violation of s.
  350  24, Art. X of the State Constitution or this section triggers
  351  the protections under this section even if the complaint or
  352  communication does not specifically reference this section.
  353         (e) An employee who believes he or she has been
  354  discriminated or retaliated against for exercising a right under
  355  s. 24, Art. X of the State Constitution or this section may file
  356  a complaint with the division or a civil action in a court of
  357  competent jurisdiction within 4 years after the alleged
  358  violation or, in the case of a willful violation, within 5 years
  359  after the alleged violation.
  360         (7) An employer has the burden of proving that a person is
  361  an independent contractor and not an employee. A person who
  362  receives remuneration for services provided is considered an
  363  employee unless the employer proves:
  364         (a) The person is free from control or direction by the
  365  employer over the performance of such service.
  366         (b) The service provided by the person is outside the usual
  367  course of business of the employer.
  368         (c) The person is customarily engaged in an independently
  369  established trade, occupation, profession, or business.
  370         (8) It is a violation of this section:
  371         (a) To misclassify an employee as an independent
  372  contractor; or
  373         (b) For a person or an entity to enter into a contract or
  374  an agreement with an independent contractor for labor or
  375  services if the person or entity knows or should know that the
  376  contract or agreement does not include funds sufficient to allow
  377  the independent contractor to comply with all applicable local,
  378  state, and federal laws or regulations governing the labor or
  379  services to be provided.
  380         (9)(a) The division may commence investigations, actions,
  381  and proceedings necessary to enforce this section. The division
  382  has the sole discretion whether to investigate an employer to
  383  determine if a violation of this section has occurred.
  384         (b) In order to encourage a person or organization to
  385  report a suspected violation of this section, the division:
  386         1. Must keep the name and other identifying information
  387  about the reporter confidential to the extent permitted by law.
  388  The division may disclose the reporter’s name or identification
  389  with the written consent of the reporter.
  390         2. Must provide a notice form to an employer being
  391  investigated, which must be posted in a conspicuous and
  392  accessible location at the workplace, notifying the employees
  393  that the division is conducting an investigation under this
  394  section. The notice form must be in English and any other
  395  language that is the primary language of a majority of the
  396  employees in the workplace. If display of the notice form is not
  397  feasible, the employer must provide it to each employee through
  398  electronic means and also provide each employee a physical copy
  399  of the notice form.
  400         3. May certify the eligibility of a person for a visa under
  401  8 U.S.C. s. 1184(p) and 8 U.S.C. s. 1101(a)(15)(U), subject to
  402  applicable federal law and regulations, and other rules issued
  403  by the division.
  404         (10)(a) During an investigation under this section, the
  405  division has the power to:
  406         1. Enter and inspect the workplace.
  407         2. Inspect and make copies of papers, books, accounts,
  408  records, payroll, and other documents necessary to further its
  409  investigation.
  410         3. Question witnesses under oath and in a private location.
  411         4. Issue subpoenas to compel the attendance and testimony
  412  of witnesses and the production of papers, books, accounts,
  413  records, payroll, and other documents necessary to further its
  414  investigation.
  415         5. Take depositions and affidavits.
  416         6. Investigate any facts, conditions, practices, or matters
  417  as the division deems appropriate to determine whether a
  418  violation of this section has occurred.
  419         (b) If an employer fails to comply with a lawfully issued
  420  subpoena or if a witness refuses to testify or be questioned,
  421  the division may request that the court compel compliance by
  422  initiating a proceeding for contempt. The court shall take
  423  judicial notice under s. 90.202(13) of the Department of
  424  Commerce’s seal, “Department of Commerce-State of Florida,” and
  425  shall enforce any subpoena issued by the director or his or her
  426  representative under such seal.
  427         (c) During an administrative or civil proceeding under this
  428  section, an employer may not introduce any documentation as
  429  evidence that was not provided to the division.
  430         (11)(a) During the course of an investigation under this
  431  section or if the director reasonably believes that an employer
  432  has engaged in, is engaging in, or is about to engage in, a
  433  violation of this section, the division or the Attorney General
  434  may seek injunctive relief to:
  435         1. Prohibit the employer from continuing to engage or
  436  engaging in the violation or doing any acts in furtherance of
  437  the violation.
  438         2. Prevent violations or attempted violations of this
  439  section.
  440         3. Prohibit the employer’s attempts to interfere with or
  441  impede the enforcement of this section.
  442         4. Exercise or perform any power or duty under this
  443  section.
  444         (b) When determining whether injunctive relief is
  445  appropriate, the court shall consider any potential or direct
  446  harm to an employee from a violation of this section and the
  447  chilling effect on other employees attempting to assert their
  448  rights under this section.
  449         (c) A temporary injunction remains in effect until the
  450  division issues a citation to the employer or until the
  451  completion of an administrative hearing, whichever is longer, or
  452  until a time certain set by the court. A temporary injunction
  453  does not prohibit an employer from taking adverse action against
  454  an employee for conduct unrelated to an alleged violation of
  455  this section.
  456         (d) The court may issue a preliminary or permanent
  457  injunction if it determines such injunction is just and proper.
  458         (12)(a) If a violation of this section is found during an
  459  investigation and the violation is not remedied through
  460  settlement or otherwise, the division must issue a citation to
  461  the employer. The citation must be in writing and describe the
  462  nature of the violation and include any and all appropriate
  463  relief. Appropriate relief includes, but is not limited to,
  464  requiring an employer to cease and desist; to take any action
  465  necessary to remedy the violation, such as rehiring or
  466  reinstating an employee, reimbursing lost wages plus interest,
  467  or paying liquidated damages in an amount equal to two times the
  468  unpaid wages, or other fines and penalties, including a fine of
  469  not more than $50 for each day a violation continues to exist
  470  and for each employee to whom the violation occurred payable to
  471  the state or aggrieved employee; to take training classes
  472  relating to compliance with this section; or to submit to
  473  compliance monitoring by the division. The division shall serve
  474  the citation in a manner provided by the Florida Rules of Civil
  475  Procedure. The citation must advise the employer of his or her
  476  right to an administrative hearing to have the citation
  477  reviewed.
  478         (b) Within 30 days after service of a citation, an employer
  479  must comply with all appropriate relief specified in the
  480  citation or may obtain review of the citation by providing a
  481  written request for review to the director. Upon receipt of a
  482  written request for review, the director shall assign the
  483  citation to an administrative law judge to conduct a hearing and
  484  issue a written decision. Hearings conducted under this
  485  subsection are governed by the division and the rules of
  486  practice and procedure adopted by the division.
  487         (c) An administrative hearing must commence within 90 days
  488  after receipt of a timely submitted request for review. The
  489  administrative law judge must render a written decision within
  490  90 days after the conclusion of the hearing. The decision must
  491  include a statement of findings, conclusions of law, and a
  492  recommended order that specifies all appropriate relief as
  493  authorized under paragraph (a), including the amount required
  494  for an appeal bond should the employer choose to obtain review
  495  of the order issued under this paragraph. The decision must be
  496  served on all parties in a manner provided by the Florida Rules
  497  of Civil Procedure. If the recommended order includes a monetary
  498  remedy, the amount is due 45 days after the written decision is
  499  properly served on the employer.
  500         (d)1. An employer may obtain review of the written decision
  501  and order issued under paragraph (c) by filing a petition for a
  502  writ of mandamus to a court having jurisdiction within 45 days
  503  after the written decision is properly served on the employer.
  504  If a petition for a writ of mandamus is not filed within the
  505  appropriate time, the recommended order in the written decision
  506  becomes final.
  507         2. Before an employer may obtain review of the decision, he
  508  or she must post an appeal bond, in the amount specified in the
  509  recommended order, issued by a licensed surety or as a cash
  510  deposit with the court. The employer shall provide written
  511  notice to the division and any other parties of the posting of
  512  the appeal bond.
  513         3. A court may overturn a decision based on abuse of
  514  discretion. An employer establishes an abuse of discretion if he
  515  or she alleges that the findings are not supported by the
  516  evidence and the court determines that the findings are not
  517  supported by substantial evidence when looking at the entire
  518  record.
  519         4. If the court issues an order in favor of the aggrieved
  520  party or if the appeal is withdrawn or dismissed without entry
  521  of judgment, the employer is liable for the relief specified in
  522  the written decision from the administrative hearing, unless the
  523  parties execute a settlement agreement, in which case the
  524  employer is liable for the relief specified in the settlement
  525  agreement. If the written decision from the administrative
  526  hearing or the settlement agreement provides for monetary
  527  relief, and the employer fails to pay the amount owed within 10
  528  days after entry of a judgment, dismissal or withdrawal of the
  529  appeal, or the execution of a settlement agreement, a portion of
  530  the appeal bond equal to the amount owed, or the entire appeal
  531  bond if the amount owed exceeds the amount of the bond, must be
  532  paid to the aggrieved party.
  533         5. If the employer does not request review of the citation
  534  under paragraph (b), file a writ of mandamus under subparagraph
  535  1., or post the appeal bond as required in subparagraph 2., and
  536  the time to do so has expired, or if the petition for a writ of
  537  mandamus is dismissed or withdrawn without entry of judgment,
  538  the clerk of the court must certify a copy of the citation or
  539  written decision and order issued by the division or by the
  540  administrative law judge, respectively, and enter judgment for
  541  the state or aggrieved party. The judgment has the same force
  542  and effect as a judgment entered in a civil action and may be
  543  enforced in the same manner as any other judgment of the court.
  544  The court shall give priority to petitions to enforce a judgment
  545  entered under this section.
  546         6. If an employer fails to comply with a citation or final
  547  order, whether issued by the division, administrative law judge,
  548  or court, and has exhausted all reviews or appeals or the time
  549  to file a review or appeal has expired, the division or the
  550  Attorney General may commence and prosecute a civil action to
  551  recover unpaid wages, including interest, fines, or penalties;
  552  equitable relief; and liquidated damages owed to an aggrieved
  553  person. The prevailing party is entitled to applicable fines or
  554  civil penalties and reasonable attorney fees and costs.
  555         (13)(a) A person aggrieved by a violation of this section
  556  may bring a civil action in a court of competent jurisdiction.
  557         (6)(a) Any person aggrieved by a violation of this section
  558  may bring a civil action in a court of competent jurisdiction
  559  against an employer violating this section or a party violating
  560  subsection (5). However, prior to bringing any claim for unpaid
  561  minimum wages pursuant to this section, the person aggrieved
  562  shall notify the employer alleged to have violated this section,
  563  in writing, of an intent to initiate such an action. The notice
  564  must identify the minimum wage to which the person aggrieved
  565  claims entitlement, the actual or estimated work dates and hours
  566  for which payment is sought, and the total amount of alleged
  567  unpaid wages through the date of the notice.
  568         (b) The employer shall have 15 calendar days after receipt
  569  of the notice to pay the total amount of unpaid wages or
  570  otherwise resolve the claim to the satisfaction of the person
  571  aggrieved. The statute of limitations for bringing an action
  572  pursuant to this section shall be tolled during this 15-day
  573  period. If the employer fails to pay the total amount of unpaid
  574  wages or otherwise resolve the claim to the satisfaction of the
  575  person aggrieved, then the person aggrieved may bring a claim
  576  for unpaid minimum wages, the terms of which must be consistent
  577  with the contents of the notice.
  578         (c)1. Upon prevailing in a civil an action brought under
  579  paragraph (6)(e) pursuant to this section, aggrieved persons
  580  shall recover the full amount of any unpaid back wages, plus
  581  interest, unlawfully withheld plus up to two times the unpaid
  582  wages the same amount as liquidated damages and shall be awarded
  583  reasonable attorney attorney’s fees and costs. Additionally, As
  584  provided under the federal Fair Labor Standards Act, pursuant to
  585  s. 11 of the Portal-to-Portal Act of 1947, 29 U.S.C. s. 260, if
  586  the employer proves by a preponderance of the evidence that the
  587  act or omission giving rise to such action was in good faith and
  588  that the employer had reasonable grounds for believing that his
  589  or her act or omission was not a violation of s. 24, Art. X of
  590  the State Constitution, the court may, in its sound discretion,
  591  award no liquidated damages or award any amount thereof not to
  592  exceed an amount equal to the amount of unpaid minimum wages.
  593  The court shall not award any economic damages on a claim for
  594  unpaid minimum wages not expressly authorized in this section.
  595         2. Upon prevailing in an action brought pursuant to this
  596  section, aggrieved persons are shall also be entitled to such
  597  legal or equitable relief as may be appropriate to remedy the
  598  violation, including, without limitation, reinstatement in
  599  employment and injunctive relief. However, any entitlement to
  600  legal or equitable relief in an action brought under s. 24, Art.
  601  X of the State Constitution or this section may shall not
  602  include punitive damages.
  603         (b) In addition to any other remedies or penalties
  604  authorized by law, if an employer is found to have willfully
  605  violated this section, the division, administrative law judge,
  606  or court may impose a fine of $1,000 per violation payable to
  607  the state.
  608         (c) In addition to any other remedies or penalties
  609  authorized by law, any employer or other person found to have
  610  hindered, prevented, impeded, or interfered with the division or
  611  administrative hearing body in the performance of their duties
  612  is subject to a civil penalty of not less than $1,000 and not
  613  more than $5,000, which may be assessed by the division,
  614  administrative law judge, or court.
  615         (d) In addition to any other remedies or penalties
  616  authorized by law, if the division, administrative law judge, or
  617  court finds that an employer took adverse action or retaliated
  618  against an employee in violation of subsection (6):
  619         1. The division, administrative law judge, or court may
  620  order reinstatement of the aggrieved party, front pay in lieu of
  621  reinstatement, backpay, liquidated damages up to two times the
  622  amount of the unpaid wages, and other compensatory damages as
  623  appropriate.
  624         2. The division, administrative law judge, or court may
  625  impose an administrative penalty not to exceed $5,000 payable to
  626  the aggrieved party.
  627         (e) In addition to any other remedies or penalties
  628  authorized by law, if the division, administrative law judge, or
  629  court finds that an employer or entity violated subsection (8),
  630  the division, administrative law judge, or court may impose the
  631  following:
  632         1. A civil penalty in an amount up to 5 percent of the
  633  employee’s gross earnings over the past 12 months, payable to
  634  the misclassified employee.
  635         2. A civil penalty up to $5,000 per violation, payable to
  636  the state.
  637         (f)(d) Any civil action brought under s. 24, Art. X of the
  638  State Constitution and this section is shall be subject to s.
  639  768.79.
  640         (7) The Attorney General may bring a civil action to
  641  enforce this section. The Attorney General may seek injunctive
  642  relief. In addition to injunctive relief, or in lieu thereof,
  643  for any employer or other person found to have willfully
  644  violated this section, the Attorney General may seek to impose a
  645  fine of $1,000 per violation, payable to the state.
  646         (14)(8) The statute of limitations for an action brought
  647  under pursuant to this section is shall be for the period of
  648  time specified in s. 95.11 beginning on the date the alleged
  649  violation occurred. The statute of limitations applicable to an
  650  action under this section is tolled during the division’s
  651  investigation and any administrative enforcement under this
  652  section.
  653         (15)(9) Actions brought under pursuant to this section may
  654  be brought as a class action pursuant to Rule 1.220, Florida
  655  Rules of Civil Procedure. In any class action brought under
  656  pursuant to this section, the plaintiffs must shall prove, by a
  657  preponderance of the evidence, the individual identity of each
  658  class member and the individual damages of each class member.
  659         (16)(10) This section is shall constitute the exclusive
  660  remedy under state law for violations of s. 24, Art. X of the
  661  State Constitution.
  662         (17) The division shall make reasonable efforts to ensure
  663  that judgments against an employer are satisfied and may use any
  664  remedy that is available to a judgment creditor to collect an
  665  unsatisfied judgment. The division may collect wages, damages,
  666  and other monetary remedies on behalf of an employee. The
  667  division acts as the trustee of any unsatisfied judgment it
  668  collects and shall deposit such wages, damages, or other
  669  monetary remedy in the appropriate fund as provided by rule. The
  670  division shall conduct a diligent search for any employee for
  671  whom it collects an unsatisfied judgment.
  672         (18)(a) Beginning on the 20th day after a judgment is
  673  entered by the clerk of the court under paragraph (12)(d) or
  674  otherwise by a court of competent jurisdiction in favor of the
  675  state or aggrieved party, the division may issue a notice of
  676  levy on all persons having in their possession or under their
  677  control any credits, money, or property belonging to the
  678  judgment debtor. If the levy is made on credits, money, or
  679  property in the possession or under the control of a bank,
  680  savings and loan association, or other financial institution as
  681  defined in 42 U.S.C. s. 669a(d)(1), the notice of levy may be
  682  mailed or hand-delivered to a centralized location designated by
  683  the bank, savings and loan association, or other financial
  684  institution.
  685         (b) Any person who receives a notice of levy shall
  686  surrender the credits, money, or property to the division or pay
  687  to the division the amount of any debt owed within 10 days after
  688  service of the levy. Any person who surrenders to the division
  689  any credits, money, or property of the judgment debtor is
  690  discharged from any obligation or liability to the judgment
  691  debtor relating to the amount paid to the division.
  692         (c) Any person who receives a notice of levy from the
  693  division and fails or refuses to surrender any credits, money,
  694  or property of the judgment debtor is liable to the division for
  695  the amount specified in the notice of levy.
  696         (d) Any fees, commissions, expenses, or costs associated
  697  with the sale of property levied under this subsection are the
  698  obligation of the judgment debtor and may be collected by virtue
  699  of the levy or in any other manner as though the fees,
  700  commissions, expenses, or costs were part of the judgment.
  701         (e) The division may create a lien on any real or personal
  702  property of an employer found in violation of s. 24, Art. X of
  703  the State Constitution or this section. The division must
  704  release the lien upon final satisfaction of any judgment entered
  705  in favor of an aggrieved party or the division, or upon
  706  adjudication of the claim in favor of the employer. A lien
  707  created under this paragraph lasts 10 years after the date it is
  708  created unless the lien is satisfied or released. A lien created
  709  under this paragraph is in addition to any other rights
  710  available to an aggrieved party or the division.
  711         (19)(a) If a citation issued by the division, written
  712  decision and order issued by an administrative law judge, or
  713  final judgment awarded under this section remains unsatisfied 30
  714  days after all reviews and appeals have been exhausted or the
  715  time to request a review or file an appeal has expired, the
  716  division may issue a stop-order prohibiting the employer from
  717  conducting business in the state using employee labor, including
  718  conducting business using the labor of another business,
  719  contractor, or subcontractor instead of the labor of an
  720  employee, until the judgment is satisfied. The stop-order is
  721  effective upon receipt of the order and the employer must pay
  722  employees up to 10 days of lost wages due to the stop-order.
  723         (b) An employer may appeal the stop-order by filing, within
  724  20 days after receipt of the stop-order, a written request with
  725  the division for an administrative hearing. The hearing must be
  726  held within 5 days after receipt of the written request, at
  727  which time the stop-order must be affirmed or dismissed and the
  728  division shall mail a written notice of findings by United
  729  States mail to all parties within 24 hours after the conclusion
  730  of the hearing. A party may appeal the written notice of
  731  findings to a court of competent jurisdiction within 45 days
  732  after the notice is mailed. The division may seek injunctive or
  733  other appropriate relief to enforce the stop-order and is
  734  entitled to attorney fees and costs if the division prevails.
  735         (c) An employer, owner, director, officer, or managing
  736  agent of an employer who fails to comply with a stop-order
  737  issued under this subsection is guilty of a misdemeanor of the
  738  second degree, punishable as provided in s. 775.082 or s.
  739  775.083.
  740         (d) This subsection does not apply if the stop-order would
  741  compromise public safety or the life, health, and care of a
  742  vulnerable person as defined in s. 435.02.
  743         (20) If a citation issued by the division, written decision
  744  and order issued by an administrative law judge, or final
  745  judgment awarded under this section remains unsatisfied 30 days
  746  after all reviews or appeals have been exhausted or the time to
  747  request a review or file an appeal has expired, the division may
  748  request that the appropriate state agency, and the state agency
  749  is authorized to, deny, suspend, or revoke any license held by
  750  the employer until such time as the judgment is satisfied.
  751         (21) Any person acting on behalf of an employer may be held
  752  liable as the employer for a violation of s. 24, Art. X of the
  753  State Constitution or this section. A client employer is jointly
  754  and severally liable with a labor contractor for the payment of
  755  unpaid wages, interest, liquidated damages, fines, or penalties
  756  awarded under this section.
  757         (22) All employers, client employers, and labor contractors
  758  shall create records documenting compliance with s. 24, Art. X
  759  of the State Constitution and this section in accordance with
  760  division rules. Records must be maintained for a minimum of 5
  761  years after an employee leaves the employment of the employer or
  762  client employer, or is no longer working with a labor
  763  contractor. An employer, a client employer, or a labor
  764  contractor must allow the division reasonable access to the
  765  records when requested. If an employee, or other authorized
  766  person or entity, alleges a violation of s. 24, Art. X of the
  767  State Constitution or this section and the employer, client
  768  employer, or labor contractor has not created and maintained
  769  records as required under this subsection, there is a rebuttable
  770  presumption that the employer, client employer, or labor
  771  contractor is in violation of the law. The employer, client
  772  employer, or labor contractor can overcome this presumption with
  773  clear and convincing evidence.
  774         (23) The division may enter into agreements with local,
  775  state, or federal agencies to assist in the administration and
  776  enforcement of this section.
  777         (24) Subject to appropriation of funds by the Legislature,
  778  the division shall establish and maintain an outreach and
  779  education partnership program to promote awareness of, and
  780  compliance with, s. 24, Art. X of the State Constitution and
  781  this section. The division shall pursue partnerships with
  782  community-based organizations and unions through a competitive
  783  request for proposals. Duties of the outreach and education
  784  partnership program may include:
  785         (a) Disseminating information and conducting outreach and
  786  training to educate employees about their rights.
  787         (b) Conducting educational training for employers about
  788  their obligations.
  789         (c) Assisting employees with filing a claim for a violation
  790  under s. 24, Art. X of the State Constitution or this section.
  791         (d) Assisting the division in conducting investigations
  792  under this section, including the collection of evidence and
  793  enforcement of a judgment.
  794         (e) Monitoring compliance with s. 24, Art. X of the State
  795  Constitution and this section.
  796         (f) Establishing networks for education, communication, and
  797  participation in the workplace and community.
  798         (g) Producing and disseminating training materials to
  799  employers and employees.
  800         (25)(11) Except for calculating the adjusted state minimum
  801  wage and publishing the initial state minimum wage and any
  802  annual adjustments thereto, the authority of the division
  803  department of Economic Opportunity in implementing s. 24, Art. X
  804  of the State Constitution, pursuant to this section, is shall be
  805  limited to that authority expressly granted by the Legislature.
  806         Section 4. Section 448.112, Florida Statutes, is created to
  807  read:
  808         448.112 Division of Labor Standards Community Advisory
  809  Board.—The Division of Labor Standards Community Advisory Board
  810  is established within the Division of Labor Standards.
  811         (1) The advisory board shall consist of the following
  812  members who must be approved by the director of the Division of
  813  Labor Standards:
  814         (a) A representative from the Division of Labor Standards.
  815         (b) A representative from the Department of Commerce.
  816         (c) A representative from the Department of Education.
  817         (d) A representative from the Florida Chamber of Commerce.
  818         (e) A representative from a small business as defined in s.
  819  288.703.
  820         (f) Four representatives from labor organizations as
  821  defined in s. 447.02(1) throughout the state.
  822         (2) Members of the advisory board shall be appointed for 2
  823  year terms, which shall be staggered.
  824         (3) Members of the advisory board shall serve without
  825  compensation and are not entitled to receive reimbursement for
  826  per diem or travel expenses.
  827         (4) The advisory board shall meet at least three times a
  828  year in order to review reports and projects of the Division of
  829  Labor Standards. Meetings of the advisory board must be open to
  830  the public and provide the opportunity for public comment.
  831         (5) The advisory board shall submit an annual report to the
  832  director of the Division of Labor Standards recommending changes
  833  to existing state policies and programs to ensure employee
  834  safety and equity, with particular emphasis on racial equity and
  835  low-wage and migrant workers.
  836         (6) By January 1, 2025, and annually thereafter, the
  837  director of the Division of Labor Standards shall submit the
  838  annual report to the Governor, the President of the Senate, and
  839  the Speaker of the House of Representatives.
  840         Section 5. This act shall take effect July 1, 2024.