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Florida Statute 446.081 - Full Text and Legal Analysis
Florida Statute 446.081 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXXI
LABOR
Chapter 446
JOB TRAINING
View Entire Chapter
446.081 Limitation.
(1) Nothing in ss. 446.011-446.092 or in any apprentice agreement approved under those sections may invalidate:
(a) Any apprenticeship provision in any collective agreement between employers and employees setting up higher apprenticeship standards.
(b) Any special provision for veterans, minority persons, or women in the standards, apprenticeship qualifications, or operation of the program that is not otherwise prohibited by law, executive order, or authorized regulation.
(2) No person shall institute any action for the enforcement of any apprentice agreement, or for damages for the breach of any apprentice agreement, made under ss. 446.011-446.092, unless he or she has first exhausted all administrative remedies provided by this section.
(3) Any person aggrieved by any determination or act of the department has the right to an administrative hearing.
(4) Nothing in ss. 446.011-446.092 or in any rules adopted or contained in any approved apprentice agreement under such sections invalidates any special provision for veterans, minority persons, or women in the standards, qualifications, or operation of the apprenticeship program which is not otherwise prohibited by any applicable general law, rule, or regulation.
History.s. 8, ch. 23934, 1947; s. 5, ch. 28037, 1953; s. 1, ch. 63-153; s. 1, ch. 69-267; s. 1, ch. 73-283; s. 120, ch. 73-333; s. 1, ch. 77-174; s. 11, ch. 78-95; s. 27, ch. 83-174; s. 146, ch. 97-103; s. 10, ch. 2004-322; s. 6, ch. 2018-7; s. 6, ch. 2019-119.
Note.Former s. 446.13.

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Amendments to 446.081


Annotations, Discussions, Cases:

Cases Citing Statute 446.081

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Dep't of Labor & Emp. Sec., Div. of Labor v. Florida Home Builders Ass'n, 417 So. 2d 746 (Fla. 1st DCA 1982).

Published | Florida 1st District Court of Appeal | 25 Wage & Hour Cas. (BNA) 1036, 1982 Fla. App. LEXIS 20569

...As noted above, the statutory provision relating standards for the apprenticeship program speak in terms of “uniform” standards. “Uniform” is generally regarded to apply equally to all those affected. The only exception or limitation to this requirement of uniformity is contained in F.S. § 446.081, which provides as follows: “Nothing in this chapter or in any apprentice agreement approved under this chapter shall operate to invalidate any apprenticeship provision in any collective agreement between employers and employees setting...
...ollective agreement between employers and employee may set up higher apprenticeship standards than the minimum standards approved or authorized by Chapter 446, it follows that such agreements may not contain lower standards. Stated differently, F.S. § 446.081 allows different standards between union and nonunion apprenticeship programs only when higher standards are provided in the collective bargaining agreement....
...fact provide for an entry apprentice wage rate of thirty-five percent (35%) of the established journeyman hourly rate. This conflicts with the statutory requirement of uniformity in standards, and is not within the exception or limitation allowed in Section 446.081(1)....
...They further point out that the collective bargaining agreements generally contain provisions for apprentices to receive fringe benefits in addition to their rate of pay. While such rationale may be laudable, it simply finds no authority in the statutes and, indeed, conflicts with § 446.081(1)....

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