Legislative Matter

Miami-Dade Legislative Item
File Number: 142383

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Clerk's Official Copy

File Number: 142383

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 15-05

Control: Board of County Commissioners

File Name: WAGE THEFT; TO AMEND SUNSET REVIEW PERIOD

Introduced: 10/29/2014

Requester: NONE

Cost:

Final Action: 2/3/2015

Agenda Date: 2/3/2015

Agenda Item Number: 7D

Notes:

HAS SUNSET PROVISION 10 YEARS

Title:

ORDINANCE RELATED TO WAGE THEFT; AMENDING SECTION 22-8 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; EXTENDING TIME FOR SUNSET REVIEW OF WAGE THEFT ORDINANCE FROM FIVE YEARS TO TEN YEARS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

Indexes:

WAGE THEFT

Sponsors:	Rebeca Sosa, Prime Sponsor
	Bruno A. Barreiro, Co-Sponsor
	Esteban L. Bovo, Jr., Co-Sponsor
	Daniella Levine Cava, Co-Sponsor
	Jose "Pepe" Diaz, Co-Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Sally A. Heyman, Co-Sponsor
	Barbara J. Jordan, Co-Sponsor
	Jean Monestime, Co-Sponsor
	Dennis C. Moss, Co-Sponsor
	Sen. Javier D. Souto, Co-Sponsor
	Xavier L. Suarez, Co-Sponsor
	Juan C. Zapata, Co-Sponsor

Sunset Provision: Yes

Effective Date: 2/13/2015

Expiration Date: 2/12/2025

Registered Lobbyist:

None Listed

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

Board of County Commissioners	2/3/2015	7D	Adopted				P
REPORT:	First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into record. She noted Commissioners Diaz and Heyman requested to be listed as co-sponsors to this ordinance. It was moved by Commissioner Sosa that the foregoing proposed ordinance be adopted as presented. This motion was seconded by Commissioner Souto, followed by discussion. Commissioner Levine Cava noted the significance of this ordinance being the first of its kind in the nation and the actual implementation. She inquired as to what amount had been collected, to date, as a result of this ordinance. Commissioner Sosa noted the foregoing ordinance was enacted in 2010, based on findings in a report by a research institute on social economics, which indicated various methods of negatively altering employees’ wages. She spoke in support of the ordinance and said she would research and bring back a report of the information requested by Commissioner Levine Cava at another meeting. Commissioner Sosa pointed out that the positive impact on the number of occurrences and the change in employees’ behavior was incredible. Commissioner Levine Cava stated that this was protection provided to people regardless of their immigration status and recommended there be additional opportunities to explore measures on how to publicize the availability of this program to the public. In response to Commissioner Levine Cava’s inquiry as to how much had been collected as a result of the Wage Theft Ordinance, Mr. Gregory Baker, Consumer Protection Division Director, Regulatory and Economic Resources Division, stated claims of over $1 million had been collected and conciliated. Commissioner Diaz expressed his appreciation to Commissioner Sosa for bringing this item forth and recalled that former Commissioner Seijas and he were concerned with this issue and had begun addressing it a while back. He stated for the record that he would like to be listed as a co-sponsor to this ordinance. All commissioners present requested to be listed as co-sponsors to the foregoing ordinance. There being no further questions or comments, the Board proceeded to vote on the foregoing proposed ordinance as presented.

Finance Committee	1/13/2015	1G3	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. Chairman Bovo opened the floor for public comments and called for persons wishing to appear before the Committee on the foregoing proposed ordinance. The floor was closed after no one appeared wishing to speak. Hearing no questions or comments, the Committee proceeded to vote on the foregoing proposed ordinance, as presented. Commissioners Edmonson and Jordan asked to be listed as co-sponsors to this foregoing proposed ordinance.

Finance Committee	12/9/2014	1G3	No action taken due to lack of a quorum

Board of County Commissioners	11/5/2014	4H	Adopted on first reading		12/9/2014		P
REPORT:	The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Finance Committee (FC) Meeting scheduled for Tuesday, December 9, 2014 at 9.30 a.m.

Board of County Commissioners	11/5/2014		Tentatively scheduled for a public hearing	Finance Committee	12/9/2014

County Attorney	10/29/2014		Assigned	Eric A. Rodriguez		10/31/2014

County Attorney	10/29/2014		Referred	Finance Committee	1/13/2015

Legislative Text

TITLE
ORDINANCE RELATED TO WAGE THEFT; AMENDING SECTION 22-8 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; EXTENDING TIME FOR SUNSET REVIEW OF WAGE THEFT ORDINANCE FROM FIVE YEARS TO TEN YEARS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

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
WHEREAS, Miami-Dade was the first county in the state to adopt a countywide wage theft law; and
WHEREAS, Ordinance No. 10-16 included a provision that provided that the wage theft ordinance was subject to sunset review by this Board five years from the February 28, 2010 effective date of the ordinance; and
WHEREAS, this Board now desires to extend the date for sunset review by this Board from five years to 10 years from the effective date,

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI DADE COUNTY, FLORIDA:

Section 1. Section 22-8 of the Code of Miami-Dade County, Florida, is hereby amended as follows: 1
Sec. 22-8. Sunset Review.

This article shall, subject to a sunset review by this Board, stand repealed [[five (5)]] >>10<< years from its effective date.

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.

Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.