Bill Text: FL H1425 | 2011 | Regular Session | Comm Sub

Bill Title: State Minimum Wage

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1425 Detail]

Download: Florida-2011-H1425-Comm_Sub.html
CS/HB 1425

A bill to be entitled
2An act relating to the state minimum wage; amending s.
3448.110, F.S.; providing requirements for the adjustment
4of the state minimum wage; conforming cross-references;
5providing an effective date.
7Be It Enacted by the Legislature of the State of Florida:
9     Section 1.  Present subsections (3) through (11) of section
10448.110, Florida Statutes, are renumbered as subsections (4)
11through (12), respectively, a new subsection (3) is added to
12that section, and paragraph (a) of present subsection (4) and
13paragraph (a) of present subsection (6) of that section are
14amended, to read:
15     448.110  State minimum wage; annual wage adjustment;
17     (3)  As used in this section, the term:
18     (a)  "Adjusted real wage rate" means the wage rate
19establishing purchasing power parity with the base-period wage
20rate of $6.15 set pursuant to subsection (4).
21     (b)  "Federal minimum wage rate" means the minimum wage
22rate set by the Federal Government.
23     (c)  "CPI-W" means the Consumer Price Index for Urban Wage
24Earners and Clerical Workers for the South Region, not
25seasonally adjusted, or a successor index as calculated by the
26United States Department of Labor.
27     (5)(4)(a)  Beginning September 30, 2005, and annually on
28September 30 thereafter, the Agency for Workforce Innovation
29shall calculate an adjusted real state minimum wage rate by
30using increasing the state minimum wage by the rate of inflation
31for the 12 months before prior to September 1. In calculating
32the adjusted real state minimum wage rate, the agency shall
33calculate the rate of inflation by computing the percentage
34change in the CPI-W. Each year the rate of inflation is
35multiplied by the previous year's computed adjusted real wage
36rate. This amount shall be added to or subtracted from the
37previous year's computed adjusted real wage rate use the
38Consumer Price Index for Urban Wage Earners and Clerical
39Workers, not seasonally adjusted, for the South Region or a
40successor index as calculated by the United States Department of
41Labor. The computed adjusted real wage rate becomes the Florida
42minimum wage, as defined in s. 448.109(1)(b), when both the
43previous year's Florida minimum wage rate and the current
44federal minimum wage rate are lower than the adjusted real wage
45rate. If the adjusted real wage rate is lower than the previous
46year's Florida minimum wage and lower than the federal minimum
47wage rate, then the higher of the two shall be the Florida
48minimum wage for the subsequent year. The adjusted real wage
49rate shall be the only basis used for calculating the subsequent
50year's adjusted real wage rate. Each Florida adjusted state
51minimum wage rate shall take effect on the following January 1,
52with the initial adjusted minimum wage rate to take effect on
53January 1, 2006.
54     (7)(6)(a)  Any person aggrieved by a violation of this
55section may bring a civil action in a court of competent
56jurisdiction against an employer violating this section or a
57party violating subsection (6) (5). However, prior to bringing
58any claim for unpaid minimum wages pursuant to this section, the
59person aggrieved shall notify the employer alleged to have
60violated this section, in writing, of an intent to initiate such
61an action. The notice must identify the minimum wage to which
62the person aggrieved claims entitlement, the actual or estimated
63work dates and hours for which payment is sought, and the total
64amount of alleged unpaid wages through the date of the notice.
65     Section 2.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.