Florida Minimum Wage, Amendment 5 (2004)

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The Florida Minimum Wage Amendment, also known as Amendment 5, was an initiated constitutional amendment on the November 2, 2004 election ballot in Florida, where it was approved.[1]

The amendment added Article X, Section 23 of the Florida Constitution to provide for a minimum wage starting at $6.15, which is then indexed to inflation.[2]

Election results

Florida Amendment 5 (2004)
ResultVotesPercentage
Approveda Yes 5,198,514 71.25%
No2,097,15128.75%

Results via: the Florida Department of State, Division of Elections

Text of measure

The ballot title read:

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

Florida Minimum Wage Amendment[2]

The ballot summary read:

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

This amendment creates a Florida minimum wage covering all employees in the state covered by the federal minimum wage. The state minimum wage will start at $6.15 per hour six months after enactment, and thereafter be indexed to inflation each year. It provides for enforcement, including double damages for unpaid wages, attorney's fees, and fines by the state. It forbids retaliation against employees for exercising this right.[2]

The financial note was as follows:

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

The impact of this amendment on costs and revenues of state and local governments is expected to be minimal.[3]

Constitutional changes

The text of the amendment read:

A new section for Article X. is created

Florida Minimum Wage Amendment

(a) Public Policy. All working Floridians are entitled to be paid a minimum wage that is sufficient to provide a decent and healthy life for them and their families, that protects their employers from unfair low-wage competition, and that does not force them to rely on taxpayer-funded public services in order to avoid economic hardship.

(b) Definitions. As used in this amendment, the term s "Employer," "Employee" and "Wage" shall have the meanings established under the federal Fair Labor Standards Act (FLSA) and its implementing regulations.

(c) Minimum Wage. Employers shall pay Employees Wages no less than the Minimum Wage for all hours worked in Florida. Six months after enactment, the Minimum Wage shall be established at an hourly rate of $6.1 5. On September 30th of that year and on each following September 30th, the state Agency for Workforce Innovation shall calculate an adjusted Minimum Wage rate by increasing the current Minimum Wage rate by the rate of inflation during the twelve months prior to each September 1st using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each adjusted Minimum Wage rate calculated shall be published and take effect on the following January 1st. For tipped Employees meeting eligibility requirements for the tip credit under the FLSA, Employers may credit towards satisfaction of the Minimum Wage tips up to the amount of the allow able FLSA tip credit in 2003.

(d) Retaliation Prohibited. It shall be unlawful for an Employer or any other party to discriminate in any manner or take adverse action against any person in retaliation for exercising rights protected under this amendment. Rights protected under this amendment include, but are not limited to, the right to file a complaint or inform any person about any party's alleged noncompliance with this amendment, and the right to inform any person of his or her potential rights under this amendment and to assist him or her in asserting such rights.

(e) Enforcement. Persons aggrieved by a violation of this amendment may bring a civil action in a court of competent jurisdiction against an Employer or person violating this amendment and, upon prevailing, s hall recover the full amount of any back wages unlawfully withheld plus the same amount as liquidated damages, and shall be awarded reasonable attorney's fees and costs. In addition, they shall be entitled to such legal or equitable relief as may be appropriate to remedy the violation including, without limitation, reinstatement in employment and/or injunctive relief. Any Employer or other person found liable for willfully violating this amendment shall also be subject to a fine payable to the state in the amount of $1000.00 for each violation. The st ate attorney general or other official designated by the state legislature may also bring a civil action to enforce this amendment. Actions to enforce this amendment shall be subject to a statute of limitations of four years or, in the case of willful violations, five y ears. Such actions may be brought as a class action pursuant to Rule 1.220 of the Florida Rule s of Civil Procedure.

(f) Additional Legislation, Implementation & Construction. Implementing legislation is not required in order to enforce this amendment. The state legislature may by statute establish additional remedies or fines for violations of this amendment, raise the applicable Minimum Wage rate, reduce the tip credit, or extend coverage of the Minimum Wage to employers or employees not covered by this amendment. The state legislature may by statute or the state Agency for Workforce Innovation may by regulation adopt any measures appropriate for the implementation of this amendment. This amendment provides for payment of a minimum wage and shall not be construed to preempt or otherwise limit the authority of the state legislature or any other public body to adopt or enforce any other law, regulation, requirement, policy or standard that provides for payment of higher or supplemental wages or benefits, or that extends such protections to employers or employees not covered by this amendment. It is intended that case law, administrative interpretations, and other guiding standards developed under the federal FLSA shall guide the construction of this amendment and any implementing statutes or regulations.

(g) Severability. If any part of this amendment, or the application of this amendment to any person or circumstance, is held invalid, the remainder of this amendment, including the application of such part to other persons or circumstances, shall not be affected by such a holding and shall continue in full force and effect. To this end, the parts of this amendment are severable. [2]

Campaign contributions

Support

$2,191,165 was spent by the "Yes on 5" campaign. This group was called the Floridians for All PAC and its major donors were:

Opposition

$4,129,105 was spent by the opponents of the ballot initiative, primarily through a group called Floridians to Save Florida Jobs. Its major donors were:

  • Publix Supermarkets, $500,000
  • Outback Steakhouse, $400,000
  • National Restaurant Association, $300,000
  • GMRI, Inc., $300,000
  • Food Marketing Institute, $222,500
  • Florida Retail Federation, $160,000
  • Brinkler International, $150,000
  • Florida Restaurant Association, $110,000
  • Florida Chamber of Commerce, $100,425
  • Burger King, $100,000
  • Walt Disney, $100,000
  • CVS, $100,000
  • Walgreens, $100,000[5]

Path to the ballot

  • The initiative was sponsored by Floridians for All PAC.
  • The initiative petition required 488,722 signatures and 571,741 were found valid.[2]

See also

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