Bill Text: FL S1610 | 2011 | Regular Session | Comm Sub

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Bill Title: State Minimum Wage

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1610 Detail]

Download: Florida-2011-S1610-Comm_Sub.html

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       Florida Senate - 2011                             CS for SB 1610
       
       
       
       By the Committee on Commerce and Tourism; and Senator Detert
       
       
       
       
       577-04365-11                                          20111610c1
    1                        A bill to be entitled                      
    2         An act relating to the state minimum wage; amending s.
    3         448.109, F.S.; conforming a provision to changes made
    4         by the act; amending s. 448.110, F.S.; providing for
    5         calculating the adjusted real wage rate and its
    6         application as the Florida minimum wage when both the
    7         previous year’s Florida minimum wage and the federal
    8         minimum wage are lower; providing definitions;
    9         conforming a cross-reference; providing an effective
   10         date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraph (b) of subsection (1) of section
   15  448.109, Florida Statutes, is amended to read:
   16         448.109 Notification of the state minimum wage.—
   17         (1) As used in this section, the terms:
   18         (b) “Florida minimum wage” means the wage that an employer
   19  must, at a minimum, pay an employee pursuant to s. 24, Art. X of
   20  the State Constitution and implementing law, including s.
   21  448.110(5)(a).
   22         Section 2. Present subsections (3) through (11) of section
   23  448.110, Florida Statutes, are renumbered as subsections (4)
   24  through (12), respectively, a new subsection (3) is added to
   25  that section, and paragraph (a) of present subsection (4) and
   26  paragraph (a) of present subsection (6) of that section are
   27  amended, to read:
   28         448.110 State minimum wage; annual wage adjustment;
   29  enforcement.—
   30         (3) As used in this section, the term:
   31         (a) “Adjusted real wage rate” means the wage rate
   32  establishing purchasing power parity with the base-period wage
   33  rate of $6.15 set pursuant to subsection (4).
   34         (b) “Federal minimum wage rate” means the minimum wage rate
   35  set by the Federal Government.
   36         (c) “CPI-W” means the Consumer Price Index for Urban Wage
   37  Earners and Clerical Workers for the South Region, not
   38  seasonally adjusted, or a successor index as calculated by the
   39  United States Department of Labor.
   40         (5)(4)(a) Beginning September 30, 2005, and annually on
   41  September 30 thereafter, the Agency for Workforce Innovation
   42  shall calculate an adjusted real state minimum wage rate by
   43  using increasing the state minimum wage by the rate of inflation
   44  for the 12 months before prior to September 1. In calculating
   45  the adjusted real state minimum wage rate, the agency shall
   46  calculate the rate of inflation by computing the percentage
   47  change in the CPI-W. Each year the rate of inflation is
   48  multiplied by the previous year’s computed adjusted real wage
   49  rate. This amount shall be added to or subtracted from the
   50  previous year’s computed adjusted real wage rate use the
   51  Consumer Price Index for Urban Wage Earners and Clerical
   52  Workers, not seasonally adjusted, for the South Region or a
   53  successor index as calculated by the United States Department of
   54  Labor. The computed adjusted real wage rate becomes the Florida
   55  minimum wage, as defined in s. 448.109(1)(b), when both the
   56  previous year’s Florida minimum wage rate and the current
   57  federal minimum wage rate are lower than the adjusted real wage
   58  rate. If the adjusted real wage rate is lower than the previous
   59  year’s Florida minimum wage and lower than the federal minimum
   60  wage rate, the higher of the two shall be the Florida minimum
   61  wage for the subsequent year. The adjusted real wage rate shall
   62  be the only basis used for calculating the subsequent year’s
   63  adjusted real wage rate. Each Florida adjusted state minimum
   64  wage rate shall take effect on the following January 1, with the
   65  initial adjusted minimum wage rate to take effect on January 1,
   66  2006.
   67         (7)(6)(a) Any person aggrieved by a violation of this
   68  section may bring a civil action in a court of competent
   69  jurisdiction against an employer violating this section or a
   70  party violating subsection (6) (5). However, prior to bringing
   71  any claim for unpaid minimum wages pursuant to this section, the
   72  person aggrieved shall notify the employer alleged to have
   73  violated this section, in writing, of an intent to initiate such
   74  an action. The notice must identify the minimum wage to which
   75  the person aggrieved claims entitlement, the actual or estimated
   76  work dates and hours for which payment is sought, and the total
   77  amount of alleged unpaid wages through the date of the notice.
   78         Section 3. This act shall take effect July 1, 2011.