CS/HB 943 2022
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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; 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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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
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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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
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