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Florida Statute 448.110 - Full Text and Legal Analysis
Florida Statute 448.110 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXXI
LABOR
Chapter 448
GENERAL LABOR REGULATIONS
View Entire Chapter
F.S. 448.110
448.110 State minimum wage; annual wage adjustment; enforcement.
(1) This section may be cited as the “Florida Minimum Wage Act.”
(2) The purpose of this section is to provide measures appropriate for the implementation of s. 24, Art. X of the State Constitution, in accordance with authority granted to the Legislature pursuant to s. 24(f), Art. X of the State Constitution. To implement s. 24, Art. X of the State Constitution, the Department of Commerce is designated as the state Agency for Workforce Innovation.
(3) Employers shall pay employees a minimum wage at an hourly rate of $6.15 for all hours worked in Florida. Only those individuals entitled to receive the federal minimum wage under the federal Fair Labor Standards Act, as amended, and its implementing regulations shall be eligible to receive the state minimum wage pursuant to s. 24, Art. X of the State Constitution and this section. The provisions of ss. 213 and 214 of the federal Fair Labor Standards Act, as interpreted by applicable federal regulations and implemented by the Secretary of Labor, are incorporated herein.
(4)(a) Beginning September 30, 2005, and annually on September 30 thereafter, the Department of Commerce shall calculate an adjusted state minimum wage rate by increasing the state minimum wage by the rate of inflation for the 12 months prior to September 1. In calculating the adjusted state minimum wage, the Department of Commerce shall use the Consumer Price Index for Urban Wage Earners and Clerical Workers, not seasonally adjusted, for the South Region or a successor index as calculated by the United States Department of Labor. Each adjusted state minimum wage rate shall take effect on the following January 1, with the initial adjusted minimum wage rate to take effect on January 1, 2006.
(b) The Department of Revenue and the Department of Commerce shall annually publish the amount of the adjusted state minimum wage and the effective date. Publication shall occur by posting the adjusted state minimum wage rate and the effective date on the Internet home pages of the Department of Commerce and the Department of Revenue by October 15 of each year. In addition, to the extent funded in the General Appropriations Act, the Department of Commerce shall provide written notice of the adjusted rate and the effective date of the adjusted state minimum wage to all employers registered in the most current reemployment assistance database. Such notice shall be mailed by November 15 of each year using the addresses included in the database. Employers are responsible for maintaining current address information in the reemployment assistance database. The Department of Commerce is not responsible for failure to provide notice due to incorrect or incomplete address information in the database. The Department of Commerce shall provide the Department of Revenue with the adjusted state minimum wage rate information and effective date in a timely manner.
(5) 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 pursuant to s. 24, Art. X of the State Constitution. Rights protected include, but are not limited to, the right to file a complaint or inform any person of his or her potential rights pursuant to s. 24, Art. X of the State Constitution and to assist him or her in asserting such rights.
(6)(a) Any person aggrieved by a violation of this section may bring a civil action in a court of competent jurisdiction against an employer violating this section or a party violating subsection (5). However, prior to bringing any claim for unpaid minimum wages pursuant to this section, the person aggrieved shall notify the employer alleged to have violated this section, in writing, of an intent to initiate such an action. The notice must identify the minimum wage to which the person aggrieved claims entitlement, the actual or estimated work dates and hours for which payment is sought, and the total amount of alleged unpaid wages through the date of the notice.
(b) The employer shall have 15 calendar days after receipt of the notice to pay the total amount of unpaid wages or otherwise resolve the claim to the satisfaction of the person aggrieved. The statute of limitations for bringing an action pursuant to this section shall be tolled during this 15-day period. If the employer fails to pay the total amount of unpaid wages or otherwise resolve the claim to the satisfaction of the person aggrieved, then the person aggrieved may bring a claim for unpaid minimum wages, the terms of which must be consistent with the contents of the notice.
(c)1. Upon prevailing in an action brought pursuant to this section, aggrieved persons shall recover the full amount of any unpaid back wages unlawfully withheld plus the same amount as liquidated damages and shall be awarded reasonable attorney’s fees and costs. As provided under the federal Fair Labor Standards Act, pursuant to s. 11 of the Portal-to-Portal Act of 1947, 29 U.S.C. s. 260, if the employer proves by a preponderance of the evidence that the act or omission giving rise to such action was in good faith and that the employer had reasonable grounds for believing that his or her act or omission was not a violation of s. 24, Art. X of the State Constitution, the court may, in its sound discretion, award no liquidated damages or award any amount thereof not to exceed an amount equal to the amount of unpaid minimum wages. The court shall not award any economic damages on a claim for unpaid minimum wages not expressly authorized in this section.
2. Upon prevailing in an action brought pursuant to this section, aggrieved persons shall also be entitled to such legal or equitable relief as may be appropriate to remedy the violation, including, without limitation, reinstatement in employment and injunctive relief. However, any entitlement to legal or equitable relief in an action brought under s. 24, Art. X of the State Constitution shall not include punitive damages.
(d) Any civil action brought under s. 24, Art. X of the State Constitution and this section shall be subject to s. 768.79.
(7) The Attorney General may bring a civil action to enforce this section. The Attorney General may seek injunctive relief. In addition to injunctive relief, or in lieu thereof, for any employer or other person found to have willfully violated this section, the Attorney General may seek to impose a fine of $1,000 per violation, payable to the state.
(8) The statute of limitations for an action brought pursuant to this section shall be for the period of time specified in s. 95.11 beginning on the date the alleged violation occurred.
(9) Actions brought pursuant to this section may be brought as a class action pursuant to Rule 1.220, Florida Rules of Civil Procedure. In any class action brought pursuant to this section, the plaintiffs shall prove, by a preponderance of the evidence, the individual identity of each class member and the individual damages of each class member.
(10) This section shall constitute the exclusive remedy under state law for violations of s. 24, Art. X of the State Constitution.
(11) Except for calculating the adjusted state minimum wage and publishing the initial state minimum wage and any annual adjustments thereto, the authority of the Department of Commerce in implementing s. 24, Art. X of the State Constitution, pursuant to this section, shall be limited to that authority expressly granted by the Legislature.
History.s. 2, ch. 2005-353; s. 399, ch. 2011-142; s. 73, ch. 2012-30; s. 1, ch. 2023-222; s. 220, ch. 2024-6.

F.S. 448.110 on Google Scholar

F.S. 448.110 on CourtListener

Amendments to 448.110


Annotations, Discussions, Cases:

Cases Citing Statute 448.110

Total Results: 22

Dionisio v. Ultimate Images & Designs, Inc.

391 F. Supp. 3d 1187

District Court, S.D. Florida | Filed: Jul 30, 2019 | Docket: 64325416

Cited 15 times | Published

the Florida Constitution, and Florida Statute § 448.110 (Count III). See id. On March 27, 2019, Defendants

Kevin Calderone v. Michael Scott

838 F.3d 1101, 95 Fed. R. Serv. 3d 1147, 2016 U.S. App. LEXIS 17606, 2016 WL 5403589

Court of Appeals for the Eleventh Circuit | Filed: Sep 28, 2016 | Docket: 4426836

Cited 14 times | Published

Florida Minimum Wage Act (“FMWA”), Fla. Stát. § 448.110. 2 On behalf of themselves and others

Carlo Llorca v. Sheriff, Collier County, Florida

893 F.3d 1319

Court of Appeals for the Eleventh Circuit | Filed: Jun 27, 2018 | Docket: 7298704

Cited 9 times | Published

Florida Minimum Wage Act ("FMWA"), Fla. Stat. § 448.110. The deputies claim that the sheriffs violated

Bennett v. Hayes Robertson Group, Inc.

880 F. Supp. 2d 1270, 2012 WL 2994246, 2012 U.S. Dist. LEXIS 100921

District Court, S.D. Florida | Filed: Jul 20, 2012 | Docket: 65983636

Cited 5 times | Published

litigate Defendants’ alleged violation of Section 448.110 of the Florida Statutes.2 The Court has considered

Solano v. a Navas Party Production, Inc.

728 F. Supp. 2d 1334, 2010 U.S. Dist. LEXIS 74908, 2010 WL 2949606

District Court, S.D. Florida | Filed: Jul 26, 2010 | Docket: 2335795

Cited 5 times | Published

under the Florida Minimum Wage Act, FLA. STAT. § 448.110(2), and in any event, Plaintiff abandoned both

Nicopior v. Moshi Moshi Palm Grove, LLC

375 F. Supp. 3d 1278

District Court, S.D. Florida | Filed: Apr 5, 2019 | Docket: 64324019

Cited 4 times | Published

Florida Constitution, Art. X § 24, and Fla. Stat. § 448.110. Ms. Nicopior alleges that Defendants failed to

Shaw v. Set Enterprises, Inc.

241 F. Supp. 3d 1318, 2017 U.S. Dist. LEXIS 65540, 2017 WL 1380774

District Court, S.D. Florida | Filed: Mar 17, 2017 | Docket: 64313228

Cited 3 times | Published

(“FMWA”), Fla. Const, art. X § 24 and Fla. Stat. § 448.110. See [DE 20]. Plaintiffs are exotic, dancers (“Entertainers”

Cuervo v. Airport Services, Inc.

984 F. Supp. 2d 1333, 2013 WL 6170661

District Court, S.D. Florida | Filed: Nov 22, 2013 | Docket: 65995785

Cited 3 times | Published

violations of the FLSA and Florida’s Minimum Wage Act, § 448.110, Fla. Stat. (2012), arising from their employment

Ultimate Makeover Salon & Spa, Inc. v. DiFrancesco

41 So. 3d 335, 2010 Fla. App. LEXIS 10586, 2010 WL 2882401

District Court of Appeal of Florida | Filed: Jul 21, 2010 | Docket: 2530203

Cited 3 times | Published

violation of the Florida Minimum Wage Act, section 448.110, Florida Statutes (2007). On December 17, 2007

Kubiak v. S.W. Cowboy, Inc.

164 F. Supp. 3d 1344, 2016 U.S. Dist. LEXIS 19701, 2016 WL 659305

District Court, M.D. Florida | Filed: Feb 18, 2016 | Docket: 64307098

Cited 2 times | Published

assert identical claims under the FMWA, Fla. Stat. § 448.110.8 *1351Id. ¶¶ 113-24. In Count III of the Third

Del Rosario v. Labor Ready Southeast, Inc.

124 F. Supp. 3d 1300, 2015 U.S. Dist. LEXIS 112525, 2015 WL 5016613

District Court, S.D. Florida | Filed: Aug 25, 2015 | Docket: 64303704

Cited 2 times | Published

and Florida’s Minimum Wage Act, Florida Statute § 448,110. (MDT Mot. (D.E. 78) ¶ 1.) They allege minimum

Rimel v. Uber Technologies, Inc.

246 F. Supp. 3d 1317, 2017 WL 1191384, 2017 U.S. Dist. LEXIS 48527

District Court, M.D. Florida | Filed: Mar 31, 2017 | Docket: 64313622

Cited 1 times | Published

violations of the Florida Minimum Wage Act, Fla. Stat. § 448.110 (Count VII). (Id. ¶¶ 54-91). *1322Uber contends

Martinez-Pinillos v. Air Flow Filters, Inc.

738 F. Supp. 2d 1268, 2010 U.S. Dist. LEXIS 65628, 2010 WL 2650912

District Court, S.D. Florida | Filed: Jul 1, 2010 | Docket: 2343130

Cited 1 times | Published

the written notice provision in Florida Statute § 448.110(6), the Court finds such argument to be without

Perez v. Palermo Seafood, Inc.

548 F. Supp. 2d 1340, 2008 U.S. Dist. LEXIS 15913, 2008 WL 616106

District Court, S.D. Florida | Filed: Mar 3, 2008 | Docket: 2378110

Cited 1 times | Published

under the Florida Minimum Wage Act. Fla. Stat. § 448.110. 2. This Court has jurisdiction over the subject

Vladimir Mosia and MIG Express Corp. v. James Foglia

District Court of Appeal of Florida | Filed: Jul 30, 2025 | Docket: 70962815

Published

the Florida Minimum Wage Act, codified in section 448.110, Florida Statutes (2023). The employee’s complaint

Mario Zequeira v. MMPB Group, LLC, Etc.

District Court of Appeal of Florida | Filed: Sep 25, 2024 | Docket: 69193510

Published

comply with a presuit notice requirement of section 448.110(6)(a), Florida Statutes. The trial court found

David Adams v. Palm Beach County

Court of Appeals for the Eleventh Circuit | Filed: Mar 12, 2024 | Docket: 67670495

Published

Argued: Mar 7, 2024

Act and the Florida Constitution, FLA. STAT. § 448.110; FLA. CONST. art. X, § 24. The district

AMERICAN FRANCHISE GROUP LLC v. PHILLIPE GASTONE

District Court of Appeal of Florida | Filed: Apr 7, 2021 | Docket: 59800747

Published

Franchise; Count II—minimum wage violations under section 448.110 against American Franchise and Gervas; Count

Kevin Calderon v. Michael Scott

Court of Appeals for the Eleventh Circuit | Filed: Jun 27, 2018 | Docket: 7298703

Published

Florida Minimum Wage Act (“FMWA”), Fla. Stat. § 448.110. The deputies claim that the sheriffs violated

Sawgrass Ford, Inc. v. Vargas

214 So. 3d 691, 2017 WL 1177599, 2017 Fla. App. LEXIS 4179

District Court of Appeal of Florida | Filed: Mar 29, 2017 | Docket: 60264217

Published

violations of the Florida Minimum Wage Act, section 448.110, Florida Statutes (2014), and alleging an individual

Sejour v. Steven Davis Farms, LLC

28 F. Supp. 3d 1216, 2014 WL 2961142, 2014 U.S. Dist. LEXIS 89378

District Court, N.D. Florida | Filed: Jul 1, 2014 | Docket: 64295773

Published

and the Florida Minimum Wage Act, Fla. Stat. § 448.110. Defendants, Steven Davis (“Davis”) & Steven Davis

Martinez v. FORD MIDWAY MALL, INC.

59 So. 3d 168, 2011 Fla. App. LEXIS 2681, 2011 WL 710154

District Court of Appeal of Florida | Filed: Mar 2, 2011 | Docket: 2361080

Published

Claimant alleged Employer owed his minimum wages. Section 448.110(3), Florida Statutes (2009), the Florida Minimum