FL
Florida House Bill H0943

Florida 2022 Regular Session

Florida House Bill H0943 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to preemption of local government wage 2
1616 mandates; amending s. 218.077, F.S.; providing a short 3
17-title; revising and providing definitions; prohibiting 4
18-political subdivisions from enacting, maintaining, or 5
19-enforcing, directly or indirectly, wage mandates in an 6
20-amount greater than the state or federal minimum wage 7
21-rate; specifying that certain wage man dates are void; 8
22-providing for construction; providing an effective 9
23-date. 10
17+title; providing legislative findings and 4
18+declarations; providing definitions; prohibiting 5
19+political subdivisions from enacting, maintaining, or 6
20+enforcing, directly or indirectly, wage mandates in an 7
21+amount greater than the state minimum wage rate; 8
22+providing construction and applicability ; providing an 9
23+effective date. 10
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2525 Be It Enacted by the Legislature of the State of Florida: 12
2626 13
2727 Section 1. Section 218.077, Florida Statutes, is amended 14
2828 to read: 15
29- 218.077 Wage Mandate Preemption Act and employment 16
30-benefits requirements by political subdivisions; restrictions .— 17
31- (1) This section may be cited as the "Wage Mandate 18
32-Preemption Act." 19
33- (2)(1) As used in this section, the term: 20
34- (a) "Employ" has the same meaning as established under the 21
35-federal Fair Labor Standards Act and its implementing 22
36-regulations. 23
37- (b)(a) "Employee" means any natural person who is entitled 24
38-under state or federal law to receive a state or federal minimum 25
29+ (Substantial rewording of section. See 16
30+ s. 218.077, F.S., for present text.) 17
31+ 218.077 Wage Mandate Preemption Act.— 18
32+ (1) This section may be cited as the "Wage Mandate 19
33+Preemption Act." 20
34+ (2) The Legislature finds and declares that: 21
35+ (a) Economic stability and growth are among the most 22
36+important factors affecting the general welfare of the residents 23
37+of the state and are among the most important matters for which 24
38+the Legislature is responsible. 25
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4747 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
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51-wage. 26
52- (c)(b) "Employer" means any person who is required under 27
53-state or federal law to pay a state or federal minimum wage to 28
54-the person's employees. 29
55- (c) "Employer contracting to provide goods or services for 30
56-the political subdivision" means a person contracting with the 31
57-political subdivision to provide goods or services to, f or the 32
58-benefit of, or on behalf of, the political subdivision in 33
59-exchange for valuable consideration, and includes a person 34
60-leasing or subleasing real property owned by the political 35
61-subdivision. 36
62- (d) "Employment benefits" means anything of value that an 37
63-employee may receive from an employer in addition to wages and 38
64-salary. The term includes, but is not limited to, health 39
65-benefits; disability benefits; death benefits; group accidental 40
66-death and dismemberment benefits; paid or unpaid days off for 41
67-holidays, sick leave, vacation, and personal necessity; 42
68-retirement benefits; and profit -sharing benefits. 43
69- (e) "Federal minimum wage" means a minimum wage required 44
70-under federal law, including the federal Fair Labor Standards 45
71-Act of 1938, as amended, 29 U.S.C. ss. 201 et seq. 46
72- (f) "Political subdivision" means a county, municipality, 47
73-department, commission, district, board, or other public body, 48
74-whether corporate or otherwise, created by or under state law. 49
75- (g) "Wage" means that compensation for employment to whi ch 50
51+ (b) Mandated wage rates comprise a major cost component 26
52+for private enterprises and are among the chief factors 27
53+affecting the economic stability and growth of the state. 28
54+ (c) Prevailing wage laws increase the costs of government 29
55+and business and diminish the number of jobs generated by the 30
56+economy. 31
57+ (d) Local variations in mandated wage rates threaten many 32
58+businesses with a loss of employees to areas that requ ire higher 33
59+mandated wage rates, threaten many other businesses with the 34
60+loss of patrons to areas that allow lower mandated wage rates, 35
61+and are detrimental to the business environment of the state, to 36
62+local labor markets, and to the citizens, businesses, an d 37
63+governments of the political subdivisions of the state. 38
64+ (e) In order for businesses to remain competitive while 39
65+attracting and retaining the highest possible caliber of 40
66+employees, private enterprises in the state must be allowed to 41
67+function in a unifor m environment with respect to mandated wage 42
68+rates. 43
69+ (f) Legislated wage disparity between political 44
70+subdivisions of the state creates an anticompetitive marketplace 45
71+that fosters job and business relocation. 46
72+ (g) Prevailing wage laws are most harmful to the young, to 47
73+minorities, and to other new or potential entrants to the 48
74+workplace. 49
75+ (h) Prohibiting and repealing prevailing wage laws will 50
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8484 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
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88-any state or federal minimum wage applies. 51
89- (h) "Wage mandate" means any requirement enacted by a 52
90-political subdivision which requires an employer to pay any or 53
91-all of its employees a wage rate not otherwise required under 54
92-state or federal law. 55
93- (3)(2) Except as otherwise provided in subsection (4) (3), 56
94-a political subdivision may not enact, maintain establish, 57
95-mandate, or enforce by charter, ordinance, purchase agreement, 58
96-contract, regulation, rule, or resolution, either directly or 59
97-indirectly, a wage mandate in an amount greater than the state 60
98-minimum wage rate, calculated pursuant to s. 24, Art. X of the 61
99-State Constitution, or the federal minimum wage rate. Any wage 62
100-mandate that conflicts with this subsection is void. 63
101-Additionally, a political subdiv ision may not otherwise require 64
102-an employer to pay a minimum wage, other than a state or federal 65
103-minimum wage, to apply a state or federal minimum wage to wages 66
104-exempt from a state or federal minimum wage, or require an 67
105-employer to provide employment benef its not otherwise required 68
106-by state or federal law. 69
107- (4)(3) This section does not: 70
108- (a) Limit the authority of a political subdivision to 71
109-enact, maintain, or enforce through a collective bargaining 72
110-agreement or other means establish a minimum wage requirement 73
111-other than a state or federal minimum wage or to provide 74
112-employment benefits not otherwise required under state or 75
88+increase the efficiency of public investments, reduce the cost 51
89+of government, and eliminate government's preferential 52
90+treatment. 53
91+ (3) For the purposes of this section, the term: 54
92+ (a) "Employ" has the same meaning as established under the 55
93+federal Fair Labor Standards Act and its implementing 56
94+regulations. 57
95+ (b) "Employee" means any person employed by an employer. 58
96+ (c) "Employer" means any person who employs employees. The 59
97+term includes, but is not limited to, any person acting directly 60
98+or indirectly in the interest of an employer in relation to an 61
99+employee and includes a pu blic agency other than the government 62
100+of the United States, as well as employers that have contracts 63
101+or subcontracts with a political subdivision or that have 64
102+received tax abatements, loan guarantees, or other financial 65
103+assistance from a political subdivis ion. 66
104+ (d) "Political subdivision" includes, but is not limited 67
105+to, any municipality, city, county, village, school district, 68
106+special purpose district, or local government of the state. 69
107+ (e) "Wage mandate" means any requirement enacted by a 70
108+political subdivision which requires an employer to pay any or 71
109+all of its employees a wage rate not otherwise required under 72
110+state or federal law. 73
111+ (4) Except as provided in subsection (5), a political 74
112+subdivision may not enact, maintain, or enforce by charter, 75
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121121 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
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125-federal law: 76
126- 1. For the employees of the political subdivision; or 77
127- 2. For the employees of an employer contracting to provide 78
128-goods or services for the political subdivision, or for the 79
129-employees of a subcontractor of such an employer, under the 80
130-terms of a contract with the political subdivision; or 81
131- 2.3. For the employees of an employer receiving a direct 82
132-tax abatement or subsidy fr om the political subdivision, as a 83
133-condition of the direct tax abatement or subsidy. 84
134- (b) Apply to a domestic violence or sexual abuse 85
135-ordinance, order, rule, or policy adopted by a political 86
136-subdivision. 87
137- (c) Limit, restrict, or expand a prevailing wage required 88
138-under state law. 89
139- (5)(4) If it is determined by the officer or agency 90
140-responsible for distributing federal funds to a political 91
141-subdivision that compliance with this act would prevent receipt 92
142-of those federal funds, or would otherwise be inconsi stent with 93
143-federal requirements pertaining to such funds, then this act 94
144-does not apply, but only to the extent necessary to allow 95
145-receipt of the federal funds or to eliminate the inconsistency 96
146-with such federal requirements. 97
147- (6)(5) This section does not prohibit a federally 98
148-authorized and recognized tribal government from requiring 99
149-employment benefits for a person employed within a territory 100
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158-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
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162-over which the tribe has jurisdiction. 101
163- Section 2. This act shall take effect upon becoming a law. 102
125+ordinance, purchase agreement, contract, regulation, rule, or 76
126+resolution, either directly or indirectly, a wage mandate in an 77
127+amount greater than the state minimum wage rate calculated 78
128+pursuant to s. 24, Art. X of the State Constitution. Any wage 79
129+mandate that conflicts with this subsection is void. 80
130+ (5) Subsection (4) does not: 81
131+ (a) Prohibit a political subdivision from enacting, 82
132+maintaining, or enforcing through a collective bargaining 83
133+agreement or other means a minimum wage requirement governing 84
134+compensation paid by the political subdivision to employees of 85
135+the political subdivision . 86
136+ (b) Apply to a collective bargaining agreement negotiated 87
137+between a political subdivision and the bargaining 88
138+representative of the employees of the political subdivision . 89
139+ (c) Limit, restrict, or expand a prevailing wage required 90
140+under state law. 91
141+ (d) Apply if federal law requires the payment of a 92
142+prevailing or minimum wage to persons working on projects funded 93
143+in whole or in part by federal funds. 94
144+ Section 2. This act shall take effect upon becoming a law. 95