Florida 2022 2022 Regular Session

Florida House Bill H0943 Comm Sub / Bill

Filed 01/25/2022

                       
 
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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; revising and providing definitions; prohibiting 4 
political subdivisions from enacting, maintaining, or 5 
enforcing, directly or indirectly, wage mandates in an 6 
amount greater than the state or federal minimum wage 7 
rate; specifying that certain wage man dates are void; 8 
providing for construction; providing an effective 9 
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 
 218.077  Wage Mandate Preemption Act and employment 16 
benefits requirements by political subdivisions; restrictions .— 17 
 (1)  This section may be cited as the "Wage Mandate 18 
Preemption Act." 19 
 (2)(1) As used in this section, the term: 20 
 (a)  "Employ" has the same meaning as established under the 21 
federal Fair Labor Standards Act and its implementing 22 
regulations. 23 
 (b)(a) "Employee" means any natural person who is entitled 24 
under state or federal law to receive a state or federal minimum 25     
 
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wage. 26 
 (c)(b) "Employer" means any person who is required under 27 
state or federal law to pay a state or federal minimum wage to 28 
the person's employees. 29 
 (c)  "Employer contracting to provide goods or services for 30 
the political subdivision" means a person contracting with the 31 
political subdivision to provide goods or services to, f or the 32 
benefit of, or on behalf of, the political subdivision in 33 
exchange for valuable consideration, and includes a person 34 
leasing or subleasing real property owned by the political 35 
subdivision. 36 
 (d)  "Employment benefits" means anything of value that an 37 
employee may receive from an employer in addition to wages and 38 
salary. The term includes, but is not limited to, health 39 
benefits; disability benefits; death benefits; group accidental 40 
death and dismemberment benefits; paid or unpaid days off for 41 
holidays, sick leave, vacation, and personal necessity; 42 
retirement benefits; and profit -sharing benefits. 43 
 (e)  "Federal minimum wage" means a minimum wage required 44 
under federal law, including the federal Fair Labor Standards 45 
Act of 1938, as amended, 29 U.S.C. ss. 201 et seq. 46 
 (f)  "Political subdivision" means a county, municipality, 47 
department, commission, district, board, or other public body, 48 
whether corporate or otherwise, created by or under state law. 49 
 (g)  "Wage" means that compensation for employment to whi ch 50     
 
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any state or federal minimum wage applies. 51 
 (h)  "Wage mandate" means any requirement enacted by a 52 
political subdivision which requires an employer to pay any or 53 
all of its employees a wage rate not otherwise required under 54 
state or federal law. 55 
 (3)(2) Except as otherwise provided in subsection (4) (3), 56 
a political subdivision may not enact, maintain establish, 57 
mandate, or enforce by charter, ordinance, purchase agreement, 58 
contract, regulation, rule, or resolution, either directly or 59 
indirectly, a wage mandate in an amount greater than the state 60 
minimum wage rate, calculated pursuant to s. 24, Art. X of the 61 
State Constitution, or the federal minimum wage rate. Any wage 62 
mandate that conflicts with this subsection is void. 63 
Additionally, a political subdiv ision may not otherwise require 64 
an employer to pay a minimum wage, other than a state or federal 65 
minimum wage, to apply a state or federal minimum wage to wages 66 
exempt from a state or federal minimum wage, or require an 67 
employer to provide employment benef its not otherwise required 68 
by state or federal law. 69 
 (4)(3) This section does not: 70 
 (a)  Limit the authority of a political subdivision to 71 
enact, maintain, or enforce through a collective bargaining 72 
agreement or other means establish a minimum wage requirement 73 
other than a state or federal minimum wage or to provide 74 
employment benefits not otherwise required under state or 75     
 
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federal law: 76 
 1.  For the employees of the political subdivision; or 77 
 2.  For the employees of an employer contracting to provide 78 
goods or services for the political subdivision, or for the 79 
employees of a subcontractor of such an employer, under the 80 
terms of a contract with the political subdivision; or 81 
 2.3. For the employees of an employer receiving a direct 82 
tax abatement or subsidy fr om the political subdivision, as a 83 
condition of the direct tax abatement or subsidy. 84 
 (b)  Apply to a domestic violence or sexual abuse 85 
ordinance, order, rule, or policy adopted by a political 86 
subdivision. 87 
 (c)  Limit, restrict, or expand a prevailing wage required 88 
under state law. 89 
 (5)(4) If it is determined by the officer or agency 90 
responsible for distributing federal funds to a political 91 
subdivision that compliance with this act would prevent receipt 92 
of those federal funds, or would otherwise be inconsi stent with 93 
federal requirements pertaining to such funds, then this act 94 
does not apply, but only to the extent necessary to allow 95 
receipt of the federal funds or to eliminate the inconsistency 96 
with such federal requirements. 97 
 (6)(5) This section does not prohibit a federally 98 
authorized and recognized tribal government from requiring 99 
employment benefits for a person employed within a territory 100     
 
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over which the tribe has jurisdiction. 101 
 Section 2.  This act shall take effect upon becoming a law. 102