CS/HB 433 2024
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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 employment regulations; amending s. 2
218.077, F.S.; prohibiting political subdivisions from 3
maintaining a minimum wage other than a state or 4
federal minimum wage; prohibiting political 5
subdivisions from controlling, affecting, or awarding 6
preferences based on the wages or employment benefits 7
of entities doing business with the political 8
subdivision; revising applicability; creating s. 9
448.077, F.S.; preempting the regulation of the terms 10
and conditions of employment to the state; providing 11
that, unless expressly authorized, an ordinance, an 12
order, a rule, or a policy that exceeds or conflicts 13
with state or federal law relating to a term or 14
condition of employment is void and unenforceable; 15
creating s. 448.106, F.S.; providing definitions; 16
preempting the regulation of heat exposure 17
requirements in the workplace to the state; providing 18
that certain local laws, ordinances, resolutions, 19
regulations, rules, codes, policies, and amendments 20
are void and prohibited; requiring the Department of 21
Commerce to adopt rules relating to workplace heat 22
exposure requirements if the Occupational Safety and 23
Health Administration has not done so by a date 24
certain; providing requirements for such rules; 25
CS/HB 433 2024
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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
prohibiting local governments from mandating or 26
imposing certain requirements or seeking information 27
from certain persons relating to certain requirements; 28
providing construction and applicability; providing an 29
effective date. 30
31
Be It Enacted by the Legislature of the State of Florida: 32
33
Section 1. Subsection (2) and paragraph (a) of subsection 34
(3) of section 218.077, Florida Statutes, are amended to read: 35
218.077 Wage and employment benefits requirements by 36
political subdivisions; restrictions. — 37
(2)(a) Except as otherwise provided in subsection (3), a 38
political subdivision may not establish, mandate, maintain, or 39
otherwise require an employer to pay a minimum wage, other than 40
a state or federal minimum wage, to apply a state or federal 41
minimum wage to wages exempt from a state or federal minimum 42
wage, or to provide employment benefits not otherwise required 43
by state or federal law. 44
(b) A political subdivision may not through its purchasing 45
or contracting proced ures seek to control or affect the wages or 46
employment benefits provided by its vendors, contractors, 47
service providers, or other parties doing business with the 48
political subdivision. 49
(c) A political subdivision may not through the use of 50
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evaluation factors, qualification of bidders, or otherwise award 51
preferences on the basis of wages or employment benefits 52
provided by its vendors, contractors, service providers, or 53
other parties doing business with the political subdivision. 54
(3) This section does not : 55
(a) Limit the authority of a political subdivision to 56
establish a minimum wage other than a state or federal minimum 57
wage or to provide employment benefits not otherwise required 58
under state or federal law: 59
1. For the employees of the political subdi vision; or 60
2. For the employees of an employer contracting to provide 61
goods or services for the political subdivision, or for the 62
employees of a subcontractor of such an employer, under the 63
terms of a contract with the political subdivision; or 64
2.3. For the employees of an employer receiving a direct 65
tax abatement or subsidy from the political subdivision, as a 66
condition of the direct tax abatement or subsidy. 67
Section 2. Section 448.077, Florida Statutes, is created 68
to read: 69
448.077 Regulation of labor preempted to the state. —The 70
regulation of the terms and conditions of employment is 71
expressly preempted to the state. Unless expressly authorized by 72
special or general law, a county, municipality, special 73
district, or political subdivision of the sta te may not adopt or 74
enforce an ordinance, an order, a rule, or a policy providing a 75
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term or condition of employment that exceeds or conflicts with 76
the requirements of state or federal law relating to a term or 77
condition of employment. An ordinance, an orde r, a rule, or a 78
policy that violates this section is void and unenforceable. 79
Section 3. Section 448.106, Florida Statutes, is created 80
to read: 81
448.106 Workplace heat exposure requirements; preemption; 82
rulemaking.— 83
(1) As used in this section, the term: 84
(a) "Contractor" means an employer contracting with, or 85
seeking to contract with, a local government to provide goods or 86
services to, for the benefit of, or on behalf of the local 87
government. 88
(b) "Employee" means a natural person, including a sel f-89
employed person, who receives any type of compensation or 90
remuneration for providing services to an employer. 91
(c) "Employer" means a person who hires or contracts for 92
the services of employees. 93
(d) "Heat exposure requirement" means a standard mandate d 94
or otherwise imposed on employers, employees, contractors, or 95
subcontractors to control an employee's exposure to heat or sun, 96
or to otherwise address or moderate the effects of such 97
exposure. The term includes, but is not limited to, standards 98
relating to all of the following: 99
1. Employee monitoring and protection. 100
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2. Water consumption. 101
3. Cooling measures. 102
4. Acclimatization and recovery periods or practices. 103
5. Posting or distributing notices or materials relating 104
to heat exposure which infor m employees how to protect 105
themselves from such exposure. 106
6. Implementation and maintenance of heat exposure 107
programs or training. 108
7. Appropriate first -aid measures or emergency responses 109
related to heat exposure. 110
8. Protections for employees who rep ort that they have 111
experienced excessive heat exposure. 112
9. Reporting and recordkeeping requirements. 113
(e) "Local government" means a county, municipality, 114
department, commission, district, board, or other public body, 115
whether corporate or otherwise, cre ated by or under state law. 116
(f) "Subcontractor" has the same meaning as in s. 117
448.095(1). 118
(2)(a) The regulation of workplace heat exposure 119
requirements is preempted to the state. Any local law, 120
ordinance, resolution, regulation, rule, code, policy, or 121
charter amendment adopted before, on, or after the effective 122
date of this act which conflicts with this section is void and 123
prohibited. 124
(b) If the Occupational Safety and Health Administration 125
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has not adopted by rule requirements regulating workplace hea t 126
exposure by July 1, 2028, the Department of Commerce must adopt 127
by rule statewide workplace heat exposure requirements. Such 128
rules must be consistent with the standards of the Occupational 129
Safety and Health Administration in effect at the time the 130
Department of Commerce adopts its rules, and modified as 131
necessary to reflect workplace heat exposure considerations 132
specific to this state. The Legislature must ratify such rules 133
before they take effect. 134
(3) Except as otherwise provided in this section, a loc al 135
government may not: 136
(a) Mandate or otherwise impose heat exposure requirements 137
on an employer, an employee, a contractor, or a subcontractor. 138
(b) Consider or seek information relating to a 139
contractor's or subcontractor's heat exposure requirements i n 140
any procurement for goods or services. 141
(4) This section does not limit the authority of a local 142
government to mandate or impose workplace heat exposure 143
requirements for the employees of the local government. 144
(5) This section does not apply if it is d etermined that 145
compliance with this section will prevent the distribution of 146
federal funds to a local government or would otherwise be 147
inconsistent with federal requirements pertaining to receiving 148
federal funds, but only to the extent necessary to allow a local 149
government to receive federal funds or to eliminate the 150
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inconsistency with federal requirements. 151
Section 4. This act shall take effect July 1, 2024. 152