F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 507 2022
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 as a
4 new department of state government; providing for the
5 secretary of the department to be appointed by the
6 Governor and confirmed by the Senate; authorizing the
7 secretary to establish divisions and regional offices
8 of the department; providing the purpose of the
9 department; authorizing the department to adopt rules;
10 amending s. 448.109, F.S.; revising requirements for
11 notifying employees of certain rights; conforming
12 provisions to changes made by the act; amending s.
13 448.110, F.S.; designating the Department of Labor as
14 the state Agency for Workforce Innovation for purposes
15 of implementing s. 24, Art. X of the State
16 Constitution; providing definitions; revising the
17 protected rights of an employee; creating a rebuttable
18 presumption and burden of proof for an employer;
19 prohibiting a person or entity from entering into
20 certain contracts; revising the process for filing a
21 complaint or civil action for a violation of protected
22 rights; authorizing and providing the department
23 certain powers to conduct investigations, issue
24 citations, enforce and collect judgments by certain
25 means, and partner with other entities for enforcement
Page 1 of 29
CODING: Words stricken are deletions; words underlined are additions.
hb0507-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 507 2022
26 and education outreach; providing for appropriate
27 relief, including injunctive relief, under certain
28 circumstances; providing a process for review of a
29 citation, levy, or stop-order issued by the
30 department; 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; requiring the department
34 to establish an outreach and education partnership
35 program subject to an appropriation by the
36 Legislature; providing duties of such program;
37 creating s. 448.111, F.S.; creating the Department of
38 Labor Community Advisory Board within the Department
39 of Labor; providing for membership, meetings, and
40 duties of the advisory board; requiring an annual
41 report to the Secretary of Labor, the Governor, and
42 the Legislature by a specified date; providing an
43 effective date.
44
45 Be It Enacted by the Legislature of the State of Florida:
46
47 Section 1. Section 20.71, Florida Statutes, is created to
48 read:
49 20.71 Department of Labor; creation; powers and duti es.—
50 (1) There is created the Department of Labor.
Page 2 of 29
CODING: Words stricken are deletions; words underlined are additions.
hb0507-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 507 2022
51 (2) The head of the department is the Secretary of Labor,
52 who shall be appointed by the Governor, subject to confirmation
53 by the Senate. The secretary shall serve at the pleasure of and
54 report to the Governor.
55 (3) The secretary may create divisions within the
56 department and allocate various functions of the department
57 among such divisions.
58 (4)(a) The headquarters of the department shall be located
59 in Tallahassee. However, the department may establish regional
60 offices throughout the state as the secretary deems necessary
61 for the efficient operation of the department in accomplishing
62 its purpose.
63 (b) The purpose of the department is to enforce s. 24,
64 Art. X of the State Constitution, s. 448.110, and any other law
65 that the department has enforcement authority over as designated
66 by the Legislature.
67 (5) The department may adopt rules as necessary to carry
68 out the functions and purposes of the department.
69 Section 2. Paragraph (a) of subsection (3) of section
70 448.109, Florida Statutes, is amended to read:
71 448.109 Notification of the state minimum wage.—
72 (3)(a) Each year the Department of Labor Department of
73 Economic Opportunity shall, on or before December 1, create and
74 make available to employers a poster in English, and in Spanish,
75 and any other languages, as necessary, which gives notice of all
Page 3 of 29
CODING: Words stricken are deletions; words underlined are additions.
hb0507-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 507 2022
76 of the following:
77 1. The right to the minimum wage as provided by s. 24,
78 Art. X of the State Constitution and s. 448.110.
79 2. The right to be protected from retaliation for
80 exercising in good faith any right protected under s. 24, Art. X
81 of the State Constitution and s. 448.110.
82 3. The right to file a complaint with the Department of
83 Labor or bring a civil action for a violation of s. 24, Art. X
84 of the State Constitution or s. 448.110. which reads
85 substantially as follows:
86 NOTICE TO EMPLOYEES
87 The Florida minimum wage is $ ...(amount)... per hour, with a
88 minimum wage of at least $ ...(amount)... per hour for tipped
89 employees, in addition to tips, for January 1, ...(year)...,
90 through December 31, ...(year)....
91 The rate of the minimum wage is recalculated yearly on September
92 30, based on the Consumer Price Index. Every year on January 1
93 the new Florida minimum wage takes effect.
94 An employer may not retaliate against an employee for exercising
95 his or her right to receive the minimum wage. Rights protected
96 by the State Constitution include the right to:
97 1. File a complaint about an employer's alleged
98 noncompliance with lawful minimum wage requirements.
99 2. Inform any person about an employer's alleged
100 noncompliance with lawful minimum wage requirements.
Page 4 of 29
CODING: Words stricken are deletions; words underlined are additions.
hb0507-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 507 2022
101 3. Inform any person of his or her potential rights under
102 Section 24, Article X of the State Constitution and to
103 assist him or her in asserting such rights.
104 An employee who has not received the lawful minimum wage after
105 notifying his or her employer and giving the employer 15 days to
106 resolve any claims for unpaid wages may bring a civil action in
107 a court of law against an employer to recover back wa ges plus
108 damages and attorney's fees.
109 An employer found liable for intentionally violating minimum
110 wage requirements is subject to a fine of $1,000 per violation,
111 payable to the state.
112 The Attorney General or other official designated by the
113 Legislature may bring a civil action to enforce the minimum
114 wage.
115 For details see Section 24, Article X of the State Constitution.
116 Section 3. Section 448.110, Florida Statutes, is amended
117 to read:
118 448.110 State minimum wage; annual wage adjustment;
119 enforcement.—
120 (1) This section may be cited as the "Florida Minimum Wage
121 Act."
122 (2) The purpose of this section is to provide measures
123 appropriate for the implementation of s. 24, Art. X of the State
124 Constitution, in accordance with authority granted to the
125 Legislature under pursuant to s. 24(f), Art. X of the State
Page 5 of 29
CODING: Words stricken are deletions; words underlined are additions.
hb0507-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 507 2022
126 Constitution. To implement s. 24, Art. X of the State
127 Constitution, the Department of Labor Department of Economic
128 Opportunity is designated as the state Agency for Workforce
129 Innovation.
130 (3) As used in this section, the term:
131 (a) "Adverse action" means the discharge, suspension,
132 transfer, or demotion of an employee; the withholding of wage,
133 bonuses, benefits, or workable hours; filing, or threatening to
134 file, a false report with a government agency or en gaging in
135 unfair immigration-related practices; or any other adverse
136 action taken against an employee within the terms and conditions
137 of employment by an employer.
138 (b) "Client employer" means a business entity, regardless
139 of its form, that obtains or is provided employees to perform
140 labor within its usual course of business from a labor
141 contractor. The term does not include:
142 1. A business entity with a workforce of 25 or fewer
143 employees, including those hired directly by the client employer
144 and those obtained from or provided by a labor contractor.
145 2. A business entity with a workforce of 5 or fewer
146 employees supplied by a labor contractor to the client employer
147 at any given time.
148 3. The state or a political subdivision of the state.
149 (c) "Department" means the Department of Labor as created
150 in s. 20.71.
Page 6 of 29
CODING: Words stricken are deletions; words underlined are additions.
hb0507-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 507 2022
151 (d) "Employee" has the same meaning as established under
152 the federal Fair Labor Standards Act and its implementing
153 regulations in effect on July 1, 2022.
154 (e) "Employer" has the same meaning as established under
155 the federal Fair Labor Standards Act and its implementing
156 regulations in effect on July 1, 2022.
157 (f) "Judgment debtor" means each person who is liable on a
158 judgment or order to pay a sum of money which remains
159 unsatisfied.
160 (g) "Labor contractor" means a person or entity that
161 supplies, with or without a contract, a client employer with
162 employees to perform labor within the client employer's usual
163 course of business. The term does not include a bona fide
164 nonprofit, community-based organization that provides services
165 to employees or a labor organization or apprenticeship program
166 operating under a collective bargaining agreement.
167 (h) "Usual course of business" means the regular and
168 customary work of a business performed within or upon the
169 premises or worksite of the client employer.
170 (4)(3) Effective May 2, 2005, employers shall pay
171 employees a minimum wage at an hourly rate of $6.15 for all
172 hours worked in Florida. Only those individuals entitled to
173 receive the federal minimum wage under the federal Fair Labor
174 Standards Act and its implementing regulations shall be eligible
175 to receive the state minimum wage under pursuant to s. 24, Art.
Page 7 of 29
CODING: Words stricken are deletions; words underlined are additions.
hb0507-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 507 2022
176 X of the State Constitution and this section. Sections 213 and
177 214 The provisions of ss. 213 and 214 of the federal Fair Labor
178 Standards Act, as interpreted by applicable federal regulations
179 and implemented by the Secretary of Labor, are incorporated
180 herein.
181 (5)(a)(4)(a) Beginning September 30, 2005, and annually on
182 September 30 thereafter, the department of Economic Opportunity
183 shall calculate an adjusted state minimum wage rate by
184 increasing the state minimum wage by the rate of inflation for
185 the 12 months prior to September 1. In calculating the adjusted
186 state minimum wage, the department of Economic Opportunity shall
187 use the Consumer Price Index for Urban Wage Earners and Clerical
188 Workers, not seasonally adjusted, for the South Region or a
189 successor index as calculated by the United States Department of
190 Labor. Each adjusted state minimum wage rate shall take effect
191 on the following January 1, with the initial adjusted minimum
192 wage rate to take effect on January 1, 2006.
193 (b) The Department of Revenue and the department of
194 Economic Opportunity shall annually publish the amount of the
195 adjusted state minimum wage and the effective date. Publication
196 shall occur by posting the adjusted state minimum wage rate and
197 the effective date on the Internet home pages of the department
198 of Economic Opportunity and the Department of Revenue by October
199 15 of each year. In addition, to the extent funded in the
200 General Appropriations Act, the department of Economic
Page 8 of 29
CODING: Words stricken are deletions; words underlined are additions.
hb0507-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 507 2022
201 Opportunity shall provide written notice of the adjusted rate
202 and the effective date of the adjusted state minimum wage to all
203 employers registered in the most current reemployment assistance
204 database. Such notice shall be mailed by November 15 of each
205 year using the addresses included in the database. Employers are
206 responsible for maintaining current address information in the
207 reemployment assistance database. The department of Economic
208 Opportunity is not responsible for failure to provide notice due
209 to incorrect or incomplete address information in the database.
210 The department of Economic Opportunity shall provide the
211 Department of Revenue with the adjusted state minimum wage rate
212 information and effective date in a timely manner.
213 (6)(a)(5) It is shall be unlawful for an employer or any
214 other party to discriminate in any manner or take adverse action
215 against any person in retaliation fo