HB 943 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0943-00
Page 1 of 4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to preemption of local government wage 2
mandates; amending s. 218.077, F.S.; providing a short 3
title; providing legislative findings and 4
declarations; providing definitions; prohibiting 5
political subdivisions from enacting, maintaining, or 6
enforcing, directly or indirectly, wage mandates in an 7
amount greater than the state minimum wage rate; 8
providing construction and applicability ; providing an 9
effective date. 10
11
Be It Enacted by the Legislature of the State of Florida: 12
13
Section 1. Section 218.077, Florida Statutes, is amended 14
to read: 15
(Substantial rewording of section. See 16
s. 218.077, F.S., for present text.) 17
218.077 Wage Mandate Preemption Act.— 18
(1) This section may be cited as the "Wage Mandate 19
Preemption Act." 20
(2) The Legislature finds and declares that: 21
(a) Economic stability and growth are among the most 22
important factors affecting the general welfare of the residents 23
of the state and are among the most important matters for which 24
the Legislature is responsible. 25
HB 943 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0943-00
Page 2 of 4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b) Mandated wage rates comprise a major cost component 26
for private enterprises and are among the chief factors 27
affecting the economic stability and growth of the state. 28
(c) Prevailing wage laws increase the costs of government 29
and business and diminish the number of jobs generated by the 30
economy. 31
(d) Local variations in mandated wage rates threaten many 32
businesses with a loss of employees to areas that requ ire higher 33
mandated wage rates, threaten many other businesses with the 34
loss of patrons to areas that allow lower mandated wage rates, 35
and are detrimental to the business environment of the state, to 36
local labor markets, and to the citizens, businesses, an d 37
governments of the political subdivisions of the state. 38
(e) In order for businesses to remain competitive while 39
attracting and retaining the highest possible caliber of 40
employees, private enterprises in the state must be allowed to 41
function in a unifor m environment with respect to mandated wage 42
rates. 43
(f) Legislated wage disparity between political 44
subdivisions of the state creates an anticompetitive marketplace 45
that fosters job and business relocation. 46
(g) Prevailing wage laws are most harmful to the young, to 47
minorities, and to other new or potential entrants to the 48
workplace. 49
(h) Prohibiting and repealing prevailing wage laws will 50
HB 943 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0943-00
Page 3 of 4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
increase the efficiency of public investments, reduce the cost 51
of government, and eliminate government's preferential 52
treatment. 53
(3) For the purposes of this section, the term: 54
(a) "Employ" has the same meaning as established under the 55
federal Fair Labor Standards Act and its implementing 56
regulations. 57
(b) "Employee" means any person employed by an employer. 58
(c) "Employer" means any person who employs employees. The 59
term includes, but is not limited to, any person acting directly 60
or indirectly in the interest of an employer in relation to an 61
employee and includes a pu blic agency other than the government 62
of the United States, as well as employers that have contracts 63
or subcontracts with a political subdivision or that have 64
received tax abatements, loan guarantees, or other financial 65
assistance from a political subdivis ion. 66
(d) "Political subdivision" includes, but is not limited 67
to, any municipality, city, county, village, school district, 68
special purpose district, or local government of the state. 69
(e) "Wage mandate" means any requirement enacted by a 70
political subdivision which requires an employer to pay any or 71
all of its employees a wage rate not otherwise required under 72
state or federal law. 73
(4) Except as provided in subsection (5), a political 74
subdivision may not enact, maintain, or enforce by charter, 75
HB 943 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0943-00
Page 4 of 4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
ordinance, purchase agreement, contract, regulation, rule, or 76
resolution, either directly or indirectly, a wage mandate in an 77
amount greater than the state minimum wage rate calculated 78
pursuant to s. 24, Art. X of the State Constitution. Any wage 79
mandate that conflicts with this subsection is void. 80
(5) Subsection (4) does not: 81
(a) Prohibit a political subdivision from enacting, 82
maintaining, or enforcing through a collective bargaining 83
agreement or other means a minimum wage requirement governing 84
compensation paid by the political subdivision to employees of 85
the political subdivision . 86
(b) Apply to a collective bargaining agreement negotiated 87
between a political subdivision and the bargaining 88
representative of the employees of the political subdivision . 89
(c) Limit, restrict, or expand a prevailing wage required 90
under state law. 91
(d) Apply if federal law requires the payment of a 92
prevailing or minimum wage to persons working on projects funded 93
in whole or in part by federal funds. 94
Section 2. This act shall take effect upon becoming a law. 95