Miami-Dade Legislative Item
File Number: 122398
Printable PDF Format Download Adobe Reader  

File Number: 122398 File Type: Resolution Status: Failed
Version: 0 Reference: Control: Board of County Commissioners
File Name: OPPOSING LEGISLATION 2013 SESSION PREEMPT MDC WAGE THEFT Introduced: 12/4/2012
Requester: NONE Cost: Final Action: 12/18/2012
Agenda Date: 12/18/2012 Agenda Item Number: 11A10
Notes: Title: RESOLUTION OPPOSING ANY LEGISLATION FILED FOR CONSIDERATION DURING THE FLORIDA LEGISLATURE’S 2013 SESSION THAT WOULD PREEMPT MIAMI-DADE COUNTY’S WAGE THEFT ORDINANCE
Indexes: WAGE THEFT
Sponsors: Barbara J. Jordan, Prime Sponsor
  Sally A. Heyman, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 12/18/2012 11A10 Adopted F
REPORT: Commissioner Bell said that she supported Miami-Dade County’s Wage Theft ordinance. However, each County was passing its own version of the wage theft ordinance, and it would be preferable for the Florida legislature to pass an over-arching wage theft ordinance that would supersede those passed by the counties. She also stressed that there should be stiff penalties for any employee who made a false claim of wage theft to hurt a boss or employer. Hearing no further questions or comments, the Board members proceeded to vote on the foregoing proposed resolution, as presented.

County Attorney 12/4/2012 Assigned Jess M. McCarty 12/6/2012

Legislative Text




TITLE
RESOLUTION OPPOSING ANY LEGISLATION FILED FOR CONSIDERATION DURING THE FLORIDA LEGISLATURE’S 2013 SESSION THAT WOULD PREEMPT MIAMI-DADE COUNTY’S WAGE THEFT ORDINANCE

BODY
WHEREAS, wage theft is when workers are not paid a wage for work performed, paid below the minimum wage, not paid for overtime, forced to work off the clock, have their time cards altered or are misclassified as independent contractors; and
WHEREAS, a 2010 report by the Research Institute on Social and Economic Policy for the Florida Wage Theft Task Force analyzed documented wage violations in Miami-Dade and Palm Beach Counties and found that from August, 2006 to August, 2010, there were 3,697 wage violations reported in the two counties worth about $3.6 million in unpaid wages; and
WHEREAS, in response to numerous instances of wage theft, this Board enacted Ordinance No. 10-16 on February 18, 2010 prohibiting wage theft and providing administrative procedures and private causes of action for wage theft; and
WHEREAS, Miami-Dade was the first county in the state to adopt a countywide wage theft law; and
WHEREAS, between the time of the ordinance’s passage and September 30, 2012, there were a total of 1,986 wage complaints, claims or inquiries logged, resulting in a total of $1,264,948 awarded to claimants; and
WHEREAS, during the 2011 session of the Florida Legislature, bills were filed that would have preempted wage theft ordinance, SB 982 by Senator Jim Norman (R – Tampa) and HB 241 by Representative Tom Goodson (R – Titusville); and
WHEREAS, HB 241 passed the full Florida House by a 87-25 vote, but died in messages when the Senate did not take up the bill; and
WHEREAS, the Senate companion bill, SB 982 died on second reading on the floor of the Senate; and
WHEREAS, during the 2012 session, bills again were filed that would have preempted wage theft ordinance, SB 862 by Senator David Simmons (R – Altamonte Springs) and HB 609 by Representative Tom Goodson (R – Titusville); and
WHEREAS, HB 609 passed the full Florida House by a 77-38 vote, but died in messages when the Senate did not take up the bill; and
WHEREAS, the Senate companion bill, SB 862 died in the Senate Judiciary Committee, thanks to the efforts of Judiciary Committee Chair Senator Anitere Flores of the Miami-Dade Legislative Delegation; and
WHEREAS, on March 23, 2012, a Miami-Dade County circuit court ruled against a challenge to the Miami-Dade County wage theft ordinance, holding that Miami-Dade's ordinance is a "reasonable exercise of governmental authority" and a "proper exercise of its police powers," which are guaranteed under the county's Home Rule Charter; and
WHEREAS, in October, 2012, the Broward County Commission became the second county in Florida to enact a wage theft ordinance; and
WHEREAS, it is likely that bills preempting wage theft ordinances will be filed for consideration during the 2013 session; and
WHEREAS, Miami-Dade County’s wage theft ordinance has proven effective at helping unpaid workers recover wages to which they are rightfully entitled, while not imposing a significant burden on businesses and relieving the already congested court system from such claims; and
WHEREAS, this Board desires to express its strong opposition to bills that would preempt wage theft ordinances,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Opposes any legislation filed for consideration during the Florida Legislature’s 2013 session that would preempt Miami-Dade County’s wage theft ordinance.
Section 2. Directs the Clerk of the Board to transmit certified copies of the resolution to the Governor, Senate President, House Speaker, the Chair and Members of the Miami-Dade State Legislative Delegation, the Mayor and Members of the Broward County Board of County Commissioners and the Executive Director of the Florida Association of Counties.
Section 3. Directs the County’s state lobbyists to advocate against legislation that would preempt local wage theft ordinances, and directs the Office of Intergovernmental Affairs to include this item in the 2013 state legislative package when it is presented to the Board.



Home  |   Agendas  |   Minutes  |   Legislative Search  |   Lobbyist Registration  |   Legislative Reports
2014 BCC Meeting Calendar  |   Miami-Dade County Code of Ordinances   |   ADA Notice  |  

Home  |  Using Our Site  |  About Phone Directory  |  Privacy  |  Disclaimer

E-mail your comments, questions and suggestions to Webmaster  

Web Site © 2014 Miami-Dade County.
All rights reserved.