Current Status:
Now in Governmental Operations Committee on Wednesday, March 23, 2005 6:00 PM

As Defined by the House:
Human and Civil Rights: Revises terminology relating to impermissible grounds for discrimination; defines the term "disability"; revises provisions relating to unlawful employment practices; defines the terms "because of sex" and "on the basis of sex"; revises provisions relating to administrative and civil remedies for unlawful discrimination; revises requirements relating to notice of complaint and response, determination of reasonable cause, and commencement of actions; provides for a fine for certain exempt communities of housing for older persons that fail to register with the Commission on Human Relations.

Link to Legislative Information: Click Here

Current Status:
04/20/05 S On Committee agenda-- Banking and Insurance, 04/25/05, 3:15 pm, 412-K on Wednesday, April 20, 2005 12:00 AM

As Defined by the Senate:
Human & Civil Rights/Discrimination: revises terminology re impermissible grounds for discrimination; defines term "disability"; revises provisions re unlawful employment practices; defines terms "because of sex" & "on basis of sex"; revises provisions re administrative & civil remedies for unlawful discrimination; revises requirements re notice of complaint & response, determination of reasonable cause, & commencement of actions, etc. Amends Ch. 760; 419.001.

Link to Legislative Information: Click Here

Current Status:
Passage in House on third reading on Friday, April 22, 2005 11:18 AM. Still must pass the Senate during this session.

As Defined by the House:
State Minimum Wage: Provides periods of limitations on actions for violations of the Florida Minimum Wage Act; creates the Florida Minimum Wage Act; provides legislative intent to implement s. 24, Art. X of the State Constitution in accordance with authority granted to the Legislature therein; requires employers to pay certain employees a minimum wage for all hours worked in Florida; incorporates provisions of the federal Fair Labor Standards Act; requires the minimum wage to be adjusted annually; provides a formula for calculating such adjustment; requires the Agency for Workforce Innovation and the Department of Revenue to annually publish the amount of the initial and adjusted minimum wage; provides criteria for posting; requires the agency to provide written notice to certain employers; provides a deadline for the notice to be mailed; provides that employers are responsible for maintaining their current addresses with the agency; requires the agency to provide the department with certain information; prohibits discrimination or adverse action against persons exercising constitutional rights under s. 24, Art. X of the State Constitution; provides for civil action by aggrieved persons; requires aggrieved persons bringing civil actions to provide written notice to their employers alleged to have violated the act; provides information that must be included in the notice; provides a deadline by which an employer alleged to have violated the act must pay the unpaid wages in question or resolve the claim to the aggrieved person's satisfaction; provides a statute of limitations period; provides that aggrieved persons who prevail in their actions may be entitled to liquidated damages and reasonable attorney's fees and costs; authorizes additional legal or equitable relief for aggrieved persons who prevail in such actions; provides that punitive damages may not be awarded; provides that actions brought under the act are subject to s. 768.79, F.S.; authorizes the Attorney General to bring a civil action and seek injunctive relief; provides a fine; provides statutes of limitations; authorizes class actions; declares the act the exclusive remedy under state law for violations of s. 24, Art. X of the State Constitution; provides for implementation measures; provides a part title; provides for severability.

Effective Date: upon becoming a law.

FlaNela Comments:
The Minimum Wage Bill (HB1709) passed the Florida House of Representatives on April 22, 2005, by a vote of 112 in favor to 0 against. The Bill still has to get through the Senate by May 6, 2005. The worst part of the Bill that affects employees is a required 15-day advance notice to employer prior to filing a lawsuit. Otherwise, the bill mostly tracks the Constitutional Amendment passed in October 2004. The general consensus is that if the Bill is endorsed by the Senate, any inconsistency between the Bill and the Constitutional Amendment can be attacked in the courts. ACORN (www.acorn.org) will probably be proactive in seeking constitutional challenges.

Links to Legislative Information and Text of the Bill:
To Florida Legislative Information on the Bill: Click Here
To the Text of the HB 1709: Click Here