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1A bill to be entitled
2An act relating to the Department of Labor; creating
3s. 20.71, F.S.; creating the Department of Labor as a
4new department of state government; providing for the
5secretary of the department to be appointed by the
6Governor and confirmed by the Senate; authorizing the
7secretary to establish divisions and regional offices
8of the department; providing the purpose of the
9department; authorizing the department to adopt rules;
10amending s. 448.109, F.S.; revising requirements for
11notifying employees of certain rights; conforming
12provisions to changes made by the act; amending s.
13448.110, F.S.; designating the Department of Labor as
14the state Agency for Workforce Innovation for purposes
15of implementing s. 24, Art. X of the State
16Constitution; providing definitions; revising the
17protected rights of an employee; creating a rebuttable
18presumption and burden of proof for an employer;
19revising the process for filing a complaint for a
20violation of protected rights; prohibiting a person or
21entity from entering into certain contracts;
22authorizing and providing the department certain
23powers to conduct investigations, issue citations,
24enforce and collect judgments by certain means, and
25partner with other entities for enforcement and
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26education outreach; providing for injunctive relief
27under certain circumstances; providing a process for
28review of a citation, levy, or stop-order issued by
29the department; providing penalties; tolling the
30statute of limitations during an investigation;
31providing liability; requiring certain records be
32maintained for a specified length of time; creating s.
33448.112, F.S.; creating the Department of Labor
34Community Advisory Board within the Department of
35Labor; providing for membership, meetings, and duties
36of the advisory board; requiring an annual report to
37the Secretary of the Department of Labor, the
38Governor, and the Legislature by a specified date;
39providing an effective date.
40
41    Be It Enacted by the Legislature of the State of Florida:
42
43Section 1.        Section 20.71, Florida Statutes, is created to
44    read:
4520.71       Department of Labor; creation; powers and duties.—
46(1)     There is created the Department of Labor.
47(2)     The head of the department is the Secretary of Labor,
48    who shall be appointed by the Governor, subject to confirmation
49    by the Senate. The secretary shall serve at the pleasure of and
50    report to the Governor.
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51(3)      The secretary may create divisions within the
52    department and allocate various functions of the department
53    among such divisions.
54(4)(a)      The headquarters of the department shall be located
55    in Tallahassee. However, the department may establish regional
56    offices throughout this state as the secretary deems necessary
57    for the efficient operation of the department in accomplishing
58    its purpose.
59(b)      The purpose of the department is to enforce s. 24,
60    Art. X of the State Constitution, s. 448.110, and any other law
61    that the department has enforcement authority over as designated
62    by the Legislature.
63(5)      The department may adopt rules as necessary to carry
64    out the functions and purposes of the department.
65Section 2.        Paragraph (a) of subsection (3) of section
66    448.109, Florida Statutes, is amended to read:
67448.109      Notification of the state minimum wage.—
68(3)(a)      Each year the Department of Labor Department of
69    Commerce shall, on or before December 1, create and make
70    available to employers a poster in English, and in Spanish, and
71    any other languages, as necessary. The poster must give notice
72    of all of the following:
731.      The right to the minimum wage as provided by s. 24,
74    Art. X of the State Constitution and s. 448.110.
752.      The right to be protected from retaliation for
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76     exercising in good faith any right protected under s. 24, Art. X
77     of the State Constitution and s. 448.110.
783.      The right to file a complaint with the Department of
79     Labor or bring a civil action in a court of competent
80     jurisdiction for a violation of s. 24, Art. X of the State
81     Constitution or s. 448.110. which reads substantially as
82     follows:
83NOTICE TO EMPLOYEES
84     The Florida minimum wage is $ ...(amount)... per hour, with a
85     minimum wage of at least $ ...(amount)... per hour for tipped
86     employees, in addition to tips, for January 1, ...(year)...,
87     through December 31, ...(year)....
88     The rate of the minimum wage is recalculated yearly on September
89     30, based on the Consumer Price Index. Every year on January 1
90     the new Florida minimum wage takes effect.
91     An employer may not retaliate against an employee for exercising
92     his or her right to receive the minimum wage. Rights protected
93     by the State Constitution include the right to:
941.      File a complaint about an employer's alleged
95noncompliance with lawful minimum wage requirements.
962.      Inform any person about an employer's alleged
97noncompliance with lawful minimum wage requirements.
983.      Inform any person of his or her potential rights under
99Section 24, Article X of the State Constitution and to
100assist him or her in asserting such rights.
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101    An employee who has not received the lawful minimum wage after
102    notifying his or her employer and giving the employer 15 days to
103    resolve any claims for unpaid wages may bring a civil action in
104    a court of law against an employer to recover back wages plus
105    damages and attorney's fees.
106    An employer found liable for intentionally violating minimum
107    wage requirements is subject to a fine of $1,000 per violation,
108    payable to the state.
109    The Attorney General or other official designated by the
110    Legislature may bring a civil action to enforce the minimum
111    wage.
112    For details see Section 24, Article X of the State Constitution.
113Section 3.        Section 448.110, Florida Statutes, is amended
114    to read:
115448.110      State minimum wage; annual wage adjustment;
116    enforcement.—
117(1)     This section may be cited as the "Florida Minimum Wage
118    Act."
119(2)     The purpose of this section is to provide measures
120    appropriate for the implementation of s. 24, Art. X of the State
121    Constitution, in accordance with authority granted to the
122    Legislature under pursuant to s. 24(f), Art. X of the State
123    Constitution. To implement s. 24, Art. X of the State
124    Constitution, the Department of Labor Department of Commerce is
125    designated as the state Agency for Workforce Innovation.
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126(3)      As used in this section, the term:
127(a)      "Adverse action" means the discharge, suspension,
128    transfer, or demotion of an employee; the withholding of wage,
129    bonuses, benefits, or workable hours; filing, or threatening to
130    file, a false report with a government agency or engaging in
131    unfair immigration-related practices; or any other adverse
132    action taken against an employee within the terms and conditions
133    of employment by an employer.
134(b)      "Client employer" means a business entity, regardless
135    of its form, that obtains or is provided employees to perform
136    labor within its usual course of business from a labor
137    contractor. The term does not include:
1381.      A business entity with a workforce of 25 or fewer
139    employees, including those hired directly by the client employer
140    and those obtained from or provided by a labor contractor.
1412.      A business entity with a workforce of five or fewer
142    employees supplied by a labor contractor to the client employer
143    at any given time.
1443.      This state or a political subdivision of this state.
145(c)      "Department" means the Department of Labor.
146(d)      "Employee" has the same meaning as established under
147    the federal Fair Labor Standards Act and its implementing
148    regulations in effect on July 1, 2026.
149(e)      "Employer" has the same meaning as established under
150    the federal Fair Labor Standards Act and its implementing
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151    regulations in effect on July 1, 2026.
152(f)     "Judgment debtor" means each person who is liable on a
153    judgment or order to pay a sum of money that remains
154    unsatisfied.
155(g)     "Labor contractor" means a person or entity that
156    supplies, with or without a contract, a client employer with
157    employees to perform labor within the client employer's usual
158    course of business. The term does not include a bona fide
159    nonprofit, community-based organization that provides services
160    to employees or a labor organization or apprenticeship program
161    operating under a collective bargaining agreement.
162(h)     "Secretary" means the secretary of the department.
163(i)     "Usual course of business" means the regular and
164    customary work of a business performed within or upon the
165    premises or worksite of the client employer.
166(4)(3)      Employers shall pay employees a minimum wage at an
167    hourly rate of $6.15 for all hours worked in Florida. Only those
168    individuals entitled to receive the federal minimum wage under
169    the federal Fair Labor Standards Act, as amended, and its
170    implementing regulations shall be eligible to receive the state
171    minimum wage under pursuant to s. 24, Art. X of the State
172    Constitution and this section. Sections 213 and 214 The
173    provisions of ss. 213 and 214 of the federal Fair Labor
174    Standards Act, as interpreted by applicable federal regulations
175    and implemented by the Secretary of Labor, are incorporated
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176    herein.
177(5)(a)(4)(a)  Beginning September 30, 2005, and annually on
178    September 30 thereafter, the department of Commerce shall
179    calculate an adjusted state minimum wage rate by increasing the
180    state minimum wage by the rate of inflation for the 12 months
181    prior to September 1. In calculating the adjusted state minimum
182    wage, the department of Commerce shall use the Consumer Price
183    Index for Urban Wage Earners and Clerical Workers, not
184    seasonally adjusted, for the South Region or a successor index
185    as calculated by the United States Department of Labor. Each
186    adjusted state minimum wage rate shall take effect on the
187    following January 1, with the initial adjusted minimum wage rate
188    to take effect on January 1, 2006.
189(b)     The Department of Revenue and the department of
190    Commerce shall annually publish the amount of the adjusted state
191    minimum wage and the effective date. Publication shall occur by
192    posting the adjusted state minimum wage rate and the effective
193    date on the Internet home pages of the department of Commerce
194    and the Department of Revenue by October 15 of each year. In
195    addition, to the extent funded in the General Appropriations
196    Act, the department of Commerce shall provide written notice of
197    the adjusted rate and the effective date of the adjusted state
198    minimum wage to all employers registered in the most current
199    reemployment assistance database. Such notice shall be mailed by
200    November 15 of each year using the addresses included in the
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201    database. Employers are responsible for maintaining current
202    address information in the reemployment assistance database. The
203    department of Commerce is not responsible for failure to provide
204    notice due to incorrect or incomplete address information in the
205    database. The department of Commerce shall provide the
206    Department of Revenue with the adjusted state minimum wage rate
207    information and effective date in a timely manner.
208(6)(a)(5)        It is shall be unlawful for an employer or any
209    other party to discriminate in any manner or take adverse action
210    against any person in retaliation for exercising rights
211    protected under pursuant to s. 24, Art. X of the State
212    Constitution or this section.
213(b)     Rights protected under s. 24, Art. X of the State
214    Constitution and this section include, but are not limited to:,
2151.      The right to file a complaint or inform any person of
216    his or her potential rights under pursuant to s. 24, Art. X of
217    the State Constitution or this section and to assist him or her
218    in asserting such rights.
2192.      The right to inform a person's employer, union or other
220    similar organization, legal counsel, or any other person about
221    an alleged violation of s. 24, Art. X of the State Constitution
222    or this section.
2233.      The right to file a complaint with the department or
224    file a civil action in a court of competent jurisdiction for an
225    alleged violation of s. 24, Art. X of the State Constitution or
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226    this section.
2274.      The right to cooperate with any investigation conducted
228    under this section and to testify in any proceeding or action
229    brought under this section.
2305.      The right to refuse to participate in an activity that
231    violates city, state, or federal law.
2326.      The right to oppose any policy, practice, or act that
233    violates s. 24, Art. X of the State Constitution or this
234    section.
235(c)      There is a rebuttable presumption that an employer has
236    violated s. 24, Art. X of the State Constitution or this section
237    if the employer takes adverse action against an employee within
238    90 days after the employee exercises a right under paragraph
239    (b). If an employee is a seasonal worker and his or her work
240    ended before the end of the 90-day period, the rebuttable
241    presumption applies if the employer fails to rehire the seasonal
242    worker in the same position at the next opportunity. The
243    rebuttable presumption may be overcome by clear and convincing
244    evidence.
245(d)      The protections provided under this section apply to
246    any employee who alleges a violation of s. 24, Art. X of the
247    State Constitution or this section in good faith. Any complaint
248    or other communication by an employee alleging a violation of s.
249    24, Art. X of the State Constitution or this section triggers
250    the protections under this section even if the complaint or
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251    communication does not specifically reference this section.
252(e)     An employee who believes he or she has been
253    discriminated or retaliated against for exercising a right under
254    s. 24, Art. X of the State Constitution or this section may file
255    a complaint with the department or a civil action in a court of
256    competent jurisdiction within 4 years after the alleged
257    violation or, in the case of a willful violation, within 5 years
258    after the alleged violation.
259(7)     An employer has the burden of proving that a person is
260    an independent contractor and not an employee. A person who
261    receives remuneration for services provided is considered an
262    employee unless the employer proves:
263(a)     The person is free from control or direction by the
264    employer over the performance of such service.
265(b)     The service provided by the person is outside the
266    usual course of business of the employer.
267(c)     The person is customarily engaged in an independently
268    established trade, occupation, profession, or business.
269(8)     A person or entity may not enter into a contract or
270    agreement with an independent contractor for labor or services
271    if the person or entity knows or should know that the contract
272    or agreement does not include funds sufficient to allow the
273    independent contractor to comply with all applicable local,
274    state, and federal laws or regulations governing the labor or
275    services to be provided.
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276(9)(a)      The department may commence investigations,
277    actions, and proceedings necessary to enforce this section. The
278    department has the sole discretion whether to investigate an
279    employer to determine if a violation of this section has
280    occurred.
281(b)      In order to encourage a person or organization to
282    report a suspected violation of this section, the department:
2831.      Must keep the name and other identifying information
284    about the reporter confidential to the extent permitted by law.
285    The department may disclose the reporter's name or
286    identification with the written consent of the reporter.
2872.      Must provide a notice form to an employer being
288    investigated, which must be posted in a conspicuous and
289    accessible location at the workplace, notifying the employees
290    that the department is conducting an investigation under this
291    section. The notice form must be in English and any other
292    language that is the primary language of a majority of the
293    employees in the workplace. If display of the notice form is not
294    feasible, the employer must provide it to each employee through
295    electronic means and also provide each employee a physical copy
296    of the notice form.
2973.      May certify the eligibility of a person for a visa
298    under 8 U.S.C. s. 1184(p) and 8 U.S.C. s. 1101(a)(15)(U),
299    subject to applicable federal law and regulations, and other
300    rules issued by the department.
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301(10)(a)      During an investigation under this section, the
302    department has the power to:
3031.      Enter and inspect the workplace.
3042.      Inspect and make copies of papers, books, accounts,
305    records, payroll, and other documents necessary to further its
306    investigation.
3073.      Question witnesses under oath and in a private
308    location.
3094.      Issue subpoenas to compel the attendance and testimony
310    of witnesses and the production of papers, books, accounts,
311    records, payroll, and other documents necessary to further its
312    investigation.
3135.      Take depositions and affidavits.
3146.      Investigate any facts, conditions, practices, or
315    matters as the department deems appropriate to determine whether
316    a violation of this section has occurred.
317(b)      If an employer fails to comply with a lawfully issued
318    subpoena or if a witness refuses to testify or be questioned,
319    the department may request that the court compel compliance by
320    initiating a proceeding for contempt. The court shall take
321    judicial notice under s. 90.202(13) of the department's seal,
322    "Department of Labor-State of Florida," and shall enforce any
323    subpoena issued by the secretary or his or her representative
324    under such seal.
325(c)      During an administrative or civil proceeding under
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326    this section, an employer may not introduce any documentation as
327    evidence that was not provided to the department.
328(11)(a)      During the course of an investigation under this
329    section, the department or the Attorney General may seek
330    injunctive relief upon a finding of reasonable cause that a
331    violation has occurred.
332(b)     When determining whether injunctive relief is
333    appropriate, the court shall consider any direct harm to an
334    employee from a violation of this section and the chilling
335    effect on other employees attempting to assert their rights
336    under this section. Reasonable cause exists for a court to issue
337    an injunction if an employee has faced adverse action for
338    asserting his or her rights under this section.
339(c)     A temporary injunction remains in effect until the
340    department issues a citation to the employer or until the
341    completion of an administrative hearing, whichever is longer, or
342    until a time certain set by the court. A temporary injunction
343    does not prohibit an employer from taking adverse action against
344    an employee for conduct unrelated to an alleged violation of
345    this section.
346(d)     The court may issue a preliminary or permanent
347    injunction if it determines such injunction is just and proper.
348(12)(a)      If a violation of this section is found during an
349    investigation and the violation has not been remedied by the end
350    of the investigation, the department must issue a citation to
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351    the employer. The citation must be in writing and describe the
352    nature of the violation and include any and all appropriate
353    relief. Appropriate relief includes requiring an employer to
354    cease and desist; to take any action necessary to remedy the
355    violation, such as rehiring or reinstating an employee,
356    reimbursing lost wages, or paying liquidated damages or other
357    fines and penalties; to take training classes relating to
358    compliance with this section; or to submit to compliance
359    monitoring by the department. The department shall serve the
360    citation in a manner provided by the Florida Rules of Civil
361    Procedure. The citation must advise the employer of his or her
362    right to an administrative hearing to have the citation
363    reviewed.
364(b)     Within 30 days after service of a citation, an
365    employer must comply with all appropriate relief specified in
366    the citation or may obtain review of the citation by providing a
367    written request for review to the office of the secretary. Upon
368    receipt of a written request for review, the secretary shall
369    assign the citation to an administrative law judge to conduct a
370    hearing and issue a written decision. Hearings conducted under
371    this subsection are governed by the department and the rules of
372    practice and procedure adopted by the department.
373(c)     An administrative hearing must commence within 90 days
374    after receipt of a timely submitted request for review. The
375    administrative law judge must render a written decision within
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376    90 days after the conclusion of the hearing. The decision must
377    include a statement of findings, conclusions of law, and a
378    recommended order that specifies all appropriate relief as
379    authorized under paragraph (a), including the amount required
380    for an appeal bond should the employer choose to obtain review
381    of the order issued under this paragraph. The decision must be
382    served on all parties in a manner provided by the Florida Rules
383    of Civil Procedure. If the recommended order includes a monetary
384    remedy, the amount is due 45 days after the written decision is
385    properly served on the employer.
386(d)1.       An employer may obtain review of the written
387    decision and order issued under paragraph (c) by filing a
388    petition for a writ of mandamus to a court having jurisdiction
389    within 45 days after the written decision is properly served on
390    the employer. If a petition for a writ of mandamus is not filed
391    within the appropriate time, the recommended order in the
392    written decision becomes final.
3932.      Before an employer may obtain review of the decision,
394    he or she must post an appeal bond, in the amount specified in
395    the recommended order, issued by a licensed surety or as a cash
396    deposit with the court. The employer shall provide written
397    notice to the department and any other parties of the posting of
398    the appeal bond.
3993.      A court may overturn a decision based on abuse of
400    discretion. An employer establishes an abuse of discretion if he
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401    or she alleges that the findings are not supported by the
402    evidence and the court determines that the findings are not
403    supported by substantial evidence when looking at the entire
404    record.
4054.      If the court issues an order in favor of the aggrieved
406    party or if the appeal is withdrawn or dismissed without entry
407    of judgment, the employer is liable for the relief specified in
408    the written decision from the administrative hearing, unless the
409    parties execute a settlement agreement, in which case the
410    employer is liable for the relief specified in the settlement
411    agreement. If the written decision from the administrative
412    hearing or the settlement agreement provide for monetary relief,
413    and the employer fails to pay the amount owed within 10 days
414    after entry of a judgment, dismissal or withdrawal of the
415    appeal, or the execution of a settlement agreement, a portion of
416    the appeal bond equal to the amount owed, or the entire appeal
417    bond if the amount owed exceeds the amount of the bond, must be
418    paid to the aggrieved party.
4195.      If the employer does not request review of the citation
420    under paragraph (b), file a writ of mandamus under subparagraph
421    1., or post the appeal bond as required in subparagraph 2., and
422    the time to do so has expired, or if the petition for a writ of
423    mandamus is dismissed or withdrawn without entry of judgment,
424    the clerk of the court must certify a copy of the citation or
425    written decision and order issued by the department or by the
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426    administrative law judge, respectively, and enter judgment for
427    this state or an aggrieved party. The judgment has the same
428    force and effect as a judgment entered in a civil action and may
429    be enforced in the same manner as any other judgment of the
430    court. The court shall give priority to petitions to enforce a
431    judgment entered under this section.
4326.      If an employer fails to comply with a citation or final
433    order, whether issued by the department, administrative law
434    judge, or court, and has exhausted all reviews or appeals or the
435    time to file a review or appeal has expired, the department or
436    the Attorney General may commence and prosecute a civil action
437    to recover unpaid wages, including interest, fines, or
438    penalties; equitable relief; or liquidated damages owed to an
439    aggrieved person. The prevailing party is entitled to applicable
440    fines or civil penalties and reasonable attorney fees and costs.
441(6)(a)      Any person aggrieved by a violation of this section
442    may bring a civil action in a court of competent jurisdiction
443    against an employer violating this section or a party violating
444    subsection (5). However, prior to bringing any claim for unpaid
445    minimum wages pursuant to this section, the person aggrieved
446    shall notify the employer alleged to have violated this section,
447    in writing, of an intent to initiate such an action. The notice
448    must identify the minimum wage to which the person aggrieved
449    claims entitlement, the actual or estimated work dates and hours
450    for which payment is sought, and the total amount of alleged
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451    unpaid wages through the date of the notice.
452(b)     The employer shall have 15 calendar days after receipt
453    of the notice to pay the total amount of unpaid wages or
454    otherwise resolve the claim to the satisfaction of the person
455    aggrieved. The statute of limitations for bringing an action
456    pursuant to this section shall be tolled during this 15-day
457    period. If the employer fails to pay the total amount of unpaid
458    wages or otherwise resolve the claim to the satisfaction of the
459    person aggrieved, then the person aggrieved may bring a claim
460    for unpaid minimum wages, the terms of which must be consistent
461    with the contents of the notice.
462(13)(a)(c)1.  Upon prevailing in a civil an action brought
463    under paragraph (6)(e) pursuant to this section, aggrieved
464    persons shall recover the full amount of any unpaid back wages,
465    plus interest, unlawfully withheld plus up to two times the
466    unpaid wages the same amount as liquidated damages and shall be
467    awarded reasonable attorney attorney's fees and costs.
468    Additionally, As provided under the federal Fair Labor Standards
469    Act, pursuant to s. 11 of the Portal-to-Portal Act of 1947, 29
470    U.S.C. s. 260, if the employer proves by a preponderance of the
471    evidence that the act or omission giving rise to such action was
472    in good faith and that the employer had reasonable grounds for
473    believing that his or her act or omission was not a violation of
474    s. 24, Art. X of the State Constitution, the court may, in its
475    sound discretion, award no liquidated damages or award any
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476    amount thereof not to exceed an amount equal to the amount of
477    unpaid minimum wages. The court shall not award any economic
478    damages on a claim for unpaid minimum wages not expressly
479    authorized in this section.
4802.      Upon prevailing in an action brought pursuant to this
481    section, aggrieved persons are shall also be entitled to such
482    legal or equitable relief as may be appropriate to remedy the
483    violation, including, without limitation, reinstatement in
484    employment and injunctive relief. However, any entitlement to
485    legal or equitable relief in an action brought under s. 24, Art.
486    X of the State Constitution or this section may shall not
487    include punitive damages.
488(b)      If an employer is found to have willfully violated
489    this section, the department, administrative law judge, or court
490    may impose a fine of $1,000 per violation payable to this state.
491(c)      Any employer or other person found to have hindered,
492    prevented, impeded, or interfered with the department or
493    administrative hearing body in the performance of their duties
494    is subject to a civil penalty of not less than $1,000 and not
495    more than $5,000, which may be assessed by the department,
496    administrative law judge, or court.
497(d)      If the department, administrative law judge, or court
498    finds that an employer took adverse action or retaliated against
499    an employee in violation of subsection (6):
5001.      The department, administrative law judge, or court may
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501    order reinstatement of the aggrieved party, front pay in lieu of
502    reinstatement, backpay, liquidated damages up to two times the
503    amount of the unpaid wages, and other compensatory damages as
504    appropriate.
5052.      The department, administrative law judge, or court may
506    impose an administrative penalty not to exceed $5,000 payable to
507    the aggrieved party.
508(e)(d)      Any civil action brought under s. 24, Art. X of the
509    State Constitution and this section is shall be subject to s.
510    768.79.
511(7)      The Attorney General may bring a civil action to
512    enforce this section. The Attorney General may seek injunctive
513    relief. In addition to injunctive relief, or in lieu thereof,
514    for any employer or other person found to have willfully
515    violated this section, the Attorney General may seek to impose a
516    fine of $1,000 per violation, payable to the state.
517(14)(8)      The statute of limitations for an action brought
518    under pursuant to this section is shall be for the period of
519    time specified in s. 95.11 beginning on the date the alleged
520    violation occurred. The statute of limitations applicable to an
521    action under this section is tolled during the department's
522    investigation and any administrative enforcement under this
523    section.
524(15)(9)      Actions brought under pursuant to this section may
525    be brought as a class action pursuant to Rule 1.220, Florida
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526    Rules of Civil Procedure. In any class action brought under
527    pursuant to this section, the plaintiffs must shall prove, by a
528    preponderance of the evidence, the individual identity of each
529    class member and the individual damages of each class member.
530(16)(10)  This section is shall constitute the exclusive
531    remedy under state law for violations of s. 24, Art. X of the
532    State Constitution.
533(17)        The department shall make reasonable efforts to
534    ensure that judgments against an employer are satisfied and may
535    use any remedy that is available to a judgment creditor to
536    collect an unsatisfied judgment. The department may collect
537    wages, damages, and other monetary remedies on behalf of an
538    employee. The department acts as the trustee of any unsatisfied
539    judgment it collects and shall deposit such wages, damages, or
540    other monetary remedy in the appropriate fund as provided by
541    rule. The department shall conduct a diligent search for any
542    employee for whom it collects an unsatisfied judgment.
543(18)(a)        Beginning on the 20th day after a judgment is
544    entered by the clerk of the court under paragraph (12)(d) or
545    otherwise by a court of competent jurisdiction in favor of this
546    state or an aggrieved party, the department may issue a notice
547    of levy on all persons having in their possession or under their
548    control any credits, money, or property belonging to the
549    judgment debtor. If the levy is made on credits, money, or
550    property in the possession or under the control of a bank,
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551    savings and loan association, or other financial institution as
552    defined in 42 U.S.C. s. 669a(d)(1), the notice of levy may be
553    mailed or hand-delivered to a centralized location designated by
554    the bank, savings and loan association, or other financial
555    institution.
556(b)     Any person who receives a notice of levy shall
557    surrender the credits, money, or property to the department or
558    pay to the department the amount of any debt owed within 10 days
559    after service of the levy. Any person who surrenders to the
560    department any credits, money, or property of the judgment
561    debtor is discharged from any obligation or liability to the
562    judgment debtor relating to the amount paid to the department.
563(c)     Any person who receives a notice of levy from the
564    department and fails or refuses to surrender any credits, money,
565    or property of the judgment debtor is liable to the department
566    for the amount specified in the notice of levy.
567(d)     Any fees, commissions, expenses, or costs associated
568    with the sale of property levied under this subsection are the
569    obligation of the judgment debtor and may be collected by virtue
570    of the levy or in any other manner as though the fees,
571    commissions, expenses, or costs were part of the judgment.
572(e)     The department may create a lien on any real or
573    personal property of an employer found in violation of s. 24,
574    Art. X of the State Constitution or this section. The department
575    must release the lien upon final satisfaction of any judgment
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576    entered in favor of an aggrieved party or the department, or
577    upon adjudication of the claim in favor of the employer. A lien
578    created under this paragraph lasts 10 years after the date it is
579    created unless the lien is satisfied or released. A lien created
580    under this paragraph is in addition to any other rights
581    available to an aggrieved party or the department.
582(19)(a)      If a citation issued by the department, written
583    decision and order issued by an administrative law judge, or
584    final judgment awarded under this section remains unsatisfied 30
585    days after all reviews and appeals have been exhausted or the
586    time to request a review or file an appeal has expired, the
587    department may issue a stop-order prohibiting the employer from
588    conducting business in this state using employee labor,
589    including conducting business using the labor of another
590    business, contractor, or subcontractor instead of the labor of
591    an employee, until the judgment is satisfied. The stop-order is
592    effective upon receipt of the order and the employer must pay
593    employees up to 10 days of lost wages due to the stop-order.
594(b)     An employer may appeal the stop-order by filing,
595    within 20 days after receipt of the stop-order, a written
596    request with the department for an administrative hearing. The
597    hearing must be held within 5 days after receipt of the written
598    request, at which time the stop-order must be affirmed or
599    dismissed and the department shall mail a written notice of
600    findings by United States mail to all parties within 24 hours
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601    after the conclusion of the hearing. A party may appeal the
602    written notice of findings to a court of competent jurisdiction
603    within 45 days after the notice is mailed. The department may
604    seek injunctive or other appropriate relief to enforce the stop-
605    order and is entitled to attorney fees and costs if the
606    department prevails.
607(c)     An employer, an owner, a director, an officer, or a
608    managing agent of an employer who fails to comply with a stop-
609    order issued under this subsection is guilty of a misdemeanor of
610    the second degree, punishable as provided in s. 775.082 or s.
611    775.083.
612(d)     This subsection does not apply if the stop-order would
613    compromise public safety or the life, health, and care of a
614    vulnerable person as defined in s. 435.02.
615(20)        If a citation issued by the department, written
616    decision and order issued by an administrative law judge, or
617    final judgment awarded under this section remains unsatisfied 30
618    days after all reviews or appeals have been exhausted or the
619    time to request a review or file an appeal has expired, the
620    department may request that the appropriate state agency, and
621    the state agency is authorized to, deny, suspend, or revoke any
622    license held by the employer until such time as the judgment is
623    satisfied.
624(21)        Any person acting on behalf of an employer may be
625    held liable as the employer for a violation of s. 24, Art. X of
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626    the State Constitution or this section. A client employer is
627    jointly and severally liable with a labor contractor for the
628    payment of unpaid wages, interest, liquidated damages, fines, or
629    penalties awarded under this section.
630(22)        All employers, client employers, and labor
631    contractors shall create records documenting compliance with s.
632    24, Art. X of the State Constitution and this section in
633    accordance with department rules. Records must be maintained for
634    a minimum of 5 years after an employee leaves the employment of
635    the employer or client employer, or is no longer working with a
636    labor contractor. An employer, client employer, or labor
637    contractor must allow the department reasonable access to the
638    records when requested. If an employee, or other authorized
639    person or entity, alleges a violation of s. 24, Art. X of the
640    State Constitution or this section and the employer, client
641    employer, or labor contractor has not created and maintained
642    records as required under this subsection, there is a rebuttable
643    presumption that the employer, client employer, or labor
644    contractor is in violation of the law. The employer, client
645    employer, or labor contractor can overcome this presumption with
646    clear and convincing evidence.
647(23)        The department may enter into agreements with local,
648    state, or federal agencies to assist in the administration and
649    enforcement of this section.
650(24)        Subject to appropriation of funds by the Legislature,
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651    the department shall establish and maintain an outreach and
652    education partnership program to promote awareness of, and
653    compliance with, s. 24, Art. X of the State Constitution and
654    this section. The department shall pursue partnerships with
655    community-based organizations and unions through a competitive
656    request for proposals. Duties of the outreach and education
657    partnership program may include:
658(a)     Disseminating information and conducting outreach and
659    training to educate employees about their rights.
660(b)     Conducting educational training for employers about
661    their obligations.
662(c)     Assisting employees with filing a claim for a
663    violation under s. 24, Art. X of the State Constitution or this
664    section.
665(d)     Assisting the department in conducting investigations
666    under this section, including the collection of evidence and
667    enforcement of a judgment.
668(e)     Monitoring compliance with s. 24, Art. X of the State
669    Constitution and this section.
670(f)     Establishing networks for education, communication,
671    and participation in the workplace and community.
672(g)     Producing and disseminating training materials to
673    employers and employees.
674(25)(11)  Except for calculating the adjusted state minimum
675    wage and publishing the initial state minimum wage and any
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676    annual adjustments thereto, the authority of the department of
677    Commerce in implementing s. 24, Art. X of the State
678    Constitution, pursuant to this section, is shall be limited to
679    that authority expressly granted by the Legislature.
680Section 4.        Section 448.112, Florida Statutes, is created
681    to read:
682448.112      Department of Labor Community Advisory Board.—The
683    Department of Labor Community Advisory Board is established
684    within the Department of Labor.
685(1)     The advisory board shall consist of the following
686    members who must be approved by the Secretary of the Department
687    of Labor:
688(a)     A representative from the Department of Labor.
689(b)     A representative from the Department of Commerce.
690(c)     A representative from the Department of Education.
691(d)     A representative from the Florida Chamber of Commerce.
692(e)     A representative from a small business as defined in
693    s. 288.703.
694(f)     Four representatives from labor organizations as
695    defined in s. 447.02(1) throughout this state.
696(2)     Members of the advisory board shall be appointed for
697    2-year terms, which shall be staggered.
698(3)     Members of the advisory board shall serve without
699    compensation and are not entitled to receive reimbursement for
700    per diem or travel expenses.
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701(4)     The advisory board shall meet at least three times a
702    year in order to review reports and projects of the Department
703    of Labor. Meetings of the advisory board must be open to the
704    public and provide the opportunity for public comment.
705(5)     The advisory board shall submit an annual report to
706    the Secretary of the Department of Labor recommending changes to
707    existing state policies and programs to ensure worker safety and
708    equity, with particular emphasis on racial equity and low-wage
709    and migrant workers.
710(6)     By January 1, 2027, and annually thereafter, the
711    Secretary of the Department of Labor shall submit the annual
712    report to the Governor, the President of the Senate, and the
713    Speaker of the House of Representatives.
714Section 5.        This act shall take effect July 1, 2026.
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