Florida 2023 Regular Session

Florida House Bill H0917 Latest Draft

Bill / Comm Sub Version Filed 04/25/2023

                               
 
CS/HB 917  	2023 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0917-01-c1 
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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 wage and employment benefits; 2 
amending s. 218.077, F.S.; prohibiting political 3 
subdivisions from maintaining a certain minimum wage; 4 
prohibiting political subdivisions from controlling, 5 
affecting, or awarding preferences relating to wages 6 
or employment benefits of entities contracting with 7 
the political subdivision; providing applicability; 8 
conforming a provision to changes made by the act; 9 
amending s. 448.110, F.S.; providing that the state 10 
minimum wage only applies to individuals who are 11 
entitled to receive the federal minimum wage under the 12 
federal Fair Labor Standards Act, as amended; 13 
providing applicability; providing an effective d ate. 14 
 15 
Be It Enacted by the Legislature of the State of Florida: 16 
 17 
 Section 1.  Subsection (2) and paragraph (a) of subsection 18 
(3) of section 218.077, Florida Statutes, are amended to read: 19 
 218.077  Wage and employment benefits requirements by 20 
political subdivisions; restrictions. — 21 
 (2)(a) Except as otherwise provided in subsection (3), a 22 
political subdivision may not establish, mandate, maintain, or 23 
otherwise require an employer to pay a minimum wage, other than 24 
a state or federal minimum wage, to ap ply a state or federal 25     
 
CS/HB 917  	2023 
 
 
 
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minimum wage to wages exempt from a state or federal minimum 26 
wage, or to provide employment benefits not otherwise required 27 
by state or federal law. 28 
 (b)  A political subdivision may not through its purchasing 29 
or contracting procedur es seek to control or affect the wages or 30 
employment benefits provided by its vendors, contractors, 31 
service providers, or other parties doing business with the 32 
political subdivision. A political subdivision may not through 33 
the use of evaluation factors, qu alification of bidders, or 34 
otherwise award preferences on the basis of wages or employment 35 
benefits provided by its vendors, contractors, service 36 
providers, or other parties doing business with the political 37 
subdivision. This paragraph only applies to cont racts, 38 
purchasing or contracting procedures, evaluation factors, 39 
qualifications of bidders, or other award preferences adopted by 40 
a political subdivision related to wages or employment benefits 41 
provided by vendors, contractors, service providers, or other 42 
parties doing business with the political subdivision entered 43 
into on or after the date this act becomes a law. 44 
 (3)  This section does not: 45 
 (a)  Limit the authority of a political subdivision to 46 
establish a minimum wage other than a state or federal mini mum 47 
wage or to provide employment benefits not otherwise required 48 
under state or federal law: 49 
 1.  For the employees of the political subdivision; or 50     
 
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 2.  For the employees of an employer contracting to provide 51 
goods or services for the political subdivisi on, or for the 52 
employees of a subcontractor of such an employer, under the 53 
terms of a contract with the political subdivision; or 54 
 2.3. For the employees of an employer receiving a direct 55 
tax abatement or subsidy from the political subdivision, as a 56 
condition of the direct tax abatement or subsidy. 57 
 Section 2.  Subsection (3) of section 448.110, Florida 58 
Statutes, is amended to read: 59 
 448.110  State minimum wage; annual wage adjustment; 60 
enforcement.— 61 
 (3)  Effective May 2, 2005, Employers shall pay employ ees a 62 
minimum wage at an hourly rate of $6.15 for all hours worked in 63 
Florida. Only those individuals entitled to receive the federal 64 
minimum wage under the federal Fair Labor Standards Act , as 65 
amended, and its implementing regulations shall be eligible to 66 
receive the state minimum wage pursuant to s. 24, Art. X of the 67 
State Constitution and this section. The provisions of ss. 213 68 
and 214 of the federal Fair Labor Standards Act, as interpreted 69 
by applicable federal regulations and implemented by the 70 
Secretary of Labor, are incorporated herein. 71 
 Section 3.  The amendments to s. 448.110, Florida Statutes, 72 
in this act are intended to clarify existing law. 73 
 Section 4.  This act shall take effect upon becoming a law. 74