CS/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
providing an exception; creating s. 448.106, F.S.; 16
providing definitions; preempting the regulation of 17
heat exposure requirements in the workplace to the 18
state; providing that certain local laws, ordinances, 19
resolutions, regulations, rules, codes, policies, and 20
amendments are void and prohibited; requiring the 21
Department of Commerce to adopt rules relating to 22
workplace heat exposure requirements if the 23
Occupational Safety and Health Administration has not 24
done so by a date certain; providing requirements for 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
such rules; prohibiting local governments from 26
mandating or imposing certain requirements or seeking 27
information from certain persons relating to certain 28
requirements; providing construction and 29
applicability; providing an 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 benefi ts 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 purchasi ng 45
or contracting procedures 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 t he use of 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
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 employee s of the political subdivision; 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 s ubdivision; 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 politica l subdivision of the state may not adopt or 74
enforce an ordinance, an order, a rule, or a policy providing a 75
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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
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 employmen t. An ordinance, an order, a rule, or a 78
policy that violates this section is void and unenforceable. 79
However, a county, municipality, special district, or political 80
subdivision of the state may adopt and enforce an ordinance, an 81
order, a rule, or a policy providing employment benefits, as 82
defined in s. 218.077(1), for the employees of the county, 83
municipality, special district, or political subdivision which 84
exceed state or federal law. 85
Section 3. Section 448.106, Florida Statutes, is created 86
to read: 87
448.106 Workplace heat exposure requirements; preemption; 88
rulemaking.— 89
(1) As used in this section, the term: 90
(a) "Contractor" means an employer contracting with, or 91
seeking to contract with, a local government to provide goods or 92
services to, for the benefit of, or on behalf of the local 93
government. 94
(b) "Employee" means a natural person, including a self -95
employed person, who receives any type of compensation or 96
remuneration for providing services to an employer. 97
(c) "Employer" means a person who h ires or contracts for 98
the services of employees. 99
(d) "Heat exposure requirement" means a standard mandated 100
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or otherwise imposed on employers, employees, contractors, or 101
subcontractors to control an employee's exposure to heat or sun, 102
or to otherwise addr ess or moderate the effects of such 103
exposure. The term includes, but is not limited to, standards 104
relating to all of the following: 105
1. Employee monitoring and protection. 106
2. Water consumption. 107
3. Cooling measures. 108
4. Acclimatization and recovery pe riods or practices. 109
5. Posting or distributing notices or materials relating 110
to heat exposure which inform employees how to protect 111
themselves from such exposure. 112
6. Implementation and maintenance of heat exposure 113
programs or training. 114
7. Appropriate first-aid measures or emergency responses 115
related to heat exposure. 116
8. Protections for employees who report that they have 117
experienced excessive heat exposure. 118
9. Reporting and recordkeeping requirements. 119
(e) "Local government" means a county, munic ipality, 120
department, commission, district, board, or other public body, 121
whether corporate or otherwise, created by or under state law. 122
(f) "Subcontractor" has the same meaning as in s. 123
448.095(1). 124
(2)(a) The regulation of workplace heat exposure 125
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requirements is preempted to the state. Any local law, 126
ordinance, resolution, regulation, rule, code, policy, or 127
charter amendment adopted before, on, or after the effective 128
date of this act which conflicts with this section is void and 129
prohibited. 130
(b) If the Occupational Safety and Health Administration 131
has not adopted by rule requirements regulating workplace heat 132
exposure by July 1, 2028, the Department of Commerce must adopt 133
by rule statewide workplace heat exposure requirements. Such 134
rules must be consiste nt with the standards of the Occupational 135
Safety and Health Administration in effect at the time the 136
Department of Commerce adopts its rules, and modified as 137
necessary to reflect workplace heat exposure considerations 138
specific to this state. The Legislatur e must ratify such rules 139
before they take effect. 140
(3) Except as otherwise provided in this section, a local 141
government may not: 142
(a) Mandate or otherwise impose heat exposure requirements 143
on an employer, an employee, a contractor, or a subcontractor. 144
(b) Consider or seek information relating to a 145
contractor's or subcontractor's heat exposure requirements in 146
any procurement for goods or services. 147
(4) This section does not limit the authority of a local 148
government to mandate or impose workplace heat ex posure 149
requirements for the employees of the local government. 150
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(5) This section does not apply if it is determined that 151
compliance with this section will prevent the distribution of 152
federal funds to a local government or would otherwise be 153
inconsistent with federal requirements pertaining to receiving 154
federal funds, but only to the extent necessary to allow a local 155
government to receive federal funds or to eliminate the 156
inconsistency with federal requirements. 157
Section 4. This act shall take effect July 1, 2024. 158