Florida Senate - 2022 CS for SB 1124 By the Committee on Community Affairs; and Senator Gruters 578-02651-22 20221124c1 1 A bill to be entitled 2 An act relating to preemption of local government wage 3 mandates; amending s. 218.077, F.S.; providing a short 4 title; defining the terms employ and wage mandate; 5 deleting the definition of the term employer 6 contracting to provide goods or services for the 7 political subdivision; revising prohibitions relating 8 to political subdivisions enacting, maintaining, or 9 enforcing wage mandates in an amount greater than the 10 state or federal minimum wage; specifying that any 11 wage mandate that conflicts with such prohibitions is 12 void; revising applicability; providing construction; 13 providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1.Section 218.077, Florida Statutes, is amended to 18 read: 19 218.077Wage Mandate Preemption Act and employment benefits 20 requirements by political subdivisions; restrictions. 21 (1)This section may be cited as the Wage Mandate 22 Preemption Act. 23 (2)As used in this section, the term: 24 (a)Employ has the same meaning as established under the 25 federal Fair Labor Standards Act and its implementing 26 regulations. 27 (b)Employee means any natural person who is entitled 28 under state or federal law to receive a state or federal minimum 29 wage. 30 (c)(b)Employer means any person who is required under 31 state or federal law to pay a state or federal minimum wage to 32 the persons employees. 33 (c)Employer contracting to provide goods or services for 34 the political subdivision means a person contracting with the 35 political subdivision to provide goods or services to, for the 36 benefit of, or on behalf of, the political subdivision in 37 exchange for valuable consideration, and includes a person 38 leasing or subleasing real property owned by the political 39 subdivision. 40 (d)Employment benefits means anything of value that an 41 employee may receive from an employer in addition to wages and 42 salary. The term includes, but is not limited to, health 43 benefits; disability benefits; death benefits; group accidental 44 death and dismemberment benefits; paid or unpaid days off for 45 holidays, sick leave, vacation, and personal necessity; 46 retirement benefits; and profit-sharing benefits. 47 (e)Federal minimum wage means a minimum wage required 48 under federal law, including the federal Fair Labor Standards 49 Act of 1938, as amended, 29 U.S.C. ss. 201 et seq. 50 (f)Political subdivision means a county, municipality, 51 department, commission, district, board, or other public body, 52 whether corporate or otherwise, created by or under state law. 53 (g)Wage means that compensation for employment to which 54 any state or federal minimum wage applies. 55 (h)Wage mandate means any requirement enacted by a 56 political subdivision which requires an employer to pay any or 57 all of its employees a wage rate not otherwise required under 58 state or federal law. 59 (3)(2)Except as otherwise provided in subsection (4) (3), 60 a political subdivision may not enact establish, maintain 61 mandate, or enforce by charter, ordinance, purchase agreement, 62 contract, regulation, rule, or resolution, either directly or 63 indirectly, a wage mandate in an amount greater than the state 64 minimum wage rate calculated pursuant to s. 24, Art. X of the 65 State Constitution or the federal minimum wage rate. Any wage 66 mandate that conflicts with this subsection is void. 67 Additionally, a political subdivision may not otherwise require 68 an employer to pay a minimum wage, other than a state or federal 69 minimum wage, to apply a state or federal minimum wage to wages 70 exempt from a state or federal minimum wage, or require an 71 employer to provide employment benefits not otherwise required 72 by state or federal law. 73 (4)(3)This section does not: 74 (a)Limit the authority of a political subdivision to 75 enact, maintain, or enforce, through a collective bargaining 76 agreement or other means, establish a minimum wage requirement 77 other than a state or federal minimum wage or to provide 78 employment benefits not otherwise required under state or 79 federal law: 80 1.For the employees of the political subdivision; or 81 2.For the employees of an employer contracting to provide 82 goods or services for the political subdivision, or for the 83 employees of a subcontractor of such an employer, under the 84 terms of a contract with the political subdivision; or 85 3.For the employees of an employer receiving a direct tax 86 abatement or subsidy from the political subdivision, as a 87 condition of the direct tax abatement or subsidy. 88 (b)Apply to a domestic violence or sexual abuse ordinance, 89 order, rule, or policy adopted by a political subdivision. 90 (c)Limit, restrict, or expand a prevailing wage required 91 under state law. 92 (5)(4)If it is determined by the officer or agency 93 responsible for distributing federal funds to a political 94 subdivision that compliance with this act would prevent receipt 95 of those federal funds, or would otherwise be inconsistent with 96 federal requirements pertaining to such funds, then this act 97 does not apply, but only to the extent necessary to allow 98 receipt of the federal funds or to eliminate the inconsistency 99 with such federal requirements. 100 (6)(5)This section does not prohibit a federally 101 authorized and recognized tribal government from requiring 102 employment benefits for a person employed within a territory 103 over which the tribe has jurisdiction. 104 Section 2.This act shall take effect upon becoming a law.