FL
Florida House Bill H0433

Florida 2024 Regular Session

Florida House Bill H0433 Compare Versions

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1010 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
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14+A bill to be entitled 1
1515 An act relating to employment regulations; amending s. 2
1616 218.077, F.S.; prohibiting political subdivisions from 3
1717 maintaining a minimum wage other than a state or 4
1818 federal minimum wage; prohibiting political 5
1919 subdivisions from controlling, affecting, or awarding 6
2020 preferences based on the wages or employment benefits 7
2121 of entities doing business with the political 8
22-subdivision; revising and providing applicability; 9
23-creating s. 448.077, F.S.; prohibiting a local 10
24-government from adopting or enforcing certain measures 11
25-regulating scheduling by private employers, except as 12
26-otherwise authorized or required by law; creating s. 13
27-448.106, F.S.; defining terms; prohibiting a political 14
28-subdivision from requiring employers to meet or 15
29-provide heat exposure requirements beyond those 16
30-required by law; prohibiting a political subdivision 17
31-from giving preference to or considering or seeking 18
32-information from an employer in a competitive 19
33-solicitation based on or relating to an employer's 20
34-heat exposure requirements; providing construction; 21
35-providing applicability; providing an effective date. 22
36- 23
37-Be It Enacted by the Legislature of the State of Florida: 24
38- 25
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22+subdivision; revising applicability; creating s. 9
23+448.077, F.S.; preempting the regulation of the terms 10
24+and conditions of employment to the state; providing 11
25+that, unless expressly authorized, an ordinance, an 12
26+order, a rule, or a policy that exceeds or conflicts 13
27+with state or federal law relating to a term or 14
28+condition of employment is void and unenforceable; 15
29+providing an exception; creating s. 448.106, F.S.; 16
30+providing definitions; preempting the regulation of 17
31+heat exposure requirements in the workplace to the 18
32+state; providing that certain local laws, ordinances, 19
33+resolutions, regulations, rules, codes, policies, and 20
34+amendments are void and prohibited; requiring the 21
35+Department of Commerce to adopt rules relating to 22
36+workplace heat exposure requirements if the 23
37+Occupational Safety and Health Administration has not 24
38+done so by a date certain; providing requirements for 25
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4747 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
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51- Section 1. Section 448.106, Florida Sta tutes, is created 26
52-to read: 27
53- 448.106 Workplace heat exposure requirements. — 28
54- (1) As used in this section, the term: 29
55- (a) "Competitive solicitation" means an invitation to bid, 30
56-a request for proposals, or an invitation to negotiate. 31
57- (b) "Heat exposure r equirement" means a standard to 32
58-control an employee's exposure to heat or sun, or to otherwise 33
59-address or moderate the effects of such exposure. The term 34
60-includes, but is not limited to, standards relating to any of 35
61-the following: 36
62- 1. Employee monitoring and protection. 37
63- 2. Water consumption. 38
64- 3. Cooling measures. 39
65- 4. Acclimation and recovery periods or practices. 40
66- 5. Posting or distributing notices or materials that 41
67-inform employees how to protect themselves from heat exposure. 42
68- 6. Implementation and maintenance of heat exposure 43
69-programs or training. 44
70- 7. Appropriate first -aid measures or emergency responses 45
71-related to heat exposure. 46
72- 8. Protections for employees who report that they have 47
73-experienced excessive heat exposure. 48
74- 9. Reporting and recordkeeping requirements. 49
75- (c) "Political subdivision" means a county, municipality, 50
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51+such rules; prohibiting local governments from 26
52+mandating or imposing certain requirements or seeking 27
53+information from certain persons relating to certain 28
54+requirements; providing construction and 29
55+applicability; providing an effective date. 30
56+ 31
57+Be It Enacted by the Legislature of the State of Florida: 32
58+ 33
59+ Section 1. Subsection (2) and paragraph (a) of subsection 34
60+(3) of section 218.077, Florida Statutes, are amended to read: 35
61+ 218.077 Wage and employment benefi ts requirements by 36
62+political subdivisions; restrictions. — 37
63+ (2)(a) Except as otherwise provided in subsection (3), a 38
64+political subdivision may not establish, mandate, maintain, or 39
65+otherwise require an employer to pay a minimum wage, other than 40
66+a state or federal minimum wage, to apply a state or federal 41
67+minimum wage to wages exempt from a state or federal minimum 42
68+wage, or to provide employment benefits not otherwise required 43
69+by state or federal law. 44
70+ (b) A political subdivision may not through its purchasi ng 45
71+or contracting procedures seek to control or affect the wages or 46
72+employment benefits provided by its vendors, contractors, 47
73+service providers, or other parties doing business with the 48
74+political subdivision. 49
75+ (c) A political subdivision may not through t he use of 50
76+
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8484 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
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88-department, commission, district, board, or other public body, 51
89-whether corporate or otherwise, created by or under state law. 52
90- (2)(a) A political subdivision may not e stablish, mandate, 53
91-or otherwise require an employer, including an employer 54
92-contracting to provide goods or services to the political 55
93-subdivision, to meet or provide heat exposure requirements not 56
94-otherwise required under state or federal law. 57
95- (b) A political subdivision may not give preference in a 58
96-competitive solicitation to an employer based on the employer's 59
97-heat exposure requirements and may not consider or seek 60
98-information relating to the employer's heat exposure 61
99-requirements. 62
100- (3) This section does not limit the authority of a 63
101-political subdivision to establish or otherwise provide heat 64
102-exposure requirements not otherwise required under state or 65
103-federal law for direct employees of the political subdivision. 66
104- (4) This section does not apply if it is determined that 67
105-compliance with this section will prevent the distribution of 68
106-federal funds to a political subdivision or would otherwise be 69
107-inconsistent with federal requirements pertaining to receiving 70
108-federal funds, but only to the extent necessary to allow a 71
109-political subdivision to receive federal funds or to eliminate 72
110-inconsistency with federal requirements. 73
111- Section 2. Effective September 30, 2026, subsection (2) 74
112-and paragraph (a) of subsection (3) of section 218.077, Florida 75
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88+evaluation factors, qualification of bidders, or otherwise award 51
89+preferences on the basis of wages or employment benefits 52
90+provided by its vendors, contractors, service providers, or 53
91+other parties doing business with the political subdivision. 54
92+ (3) This section does not: 55
93+ (a) Limit the authority of a political subdivision to 56
94+establish a minimum wage other than a state or federal minimum 57
95+wage or to provide employment benefits not otherwise required 58
96+under state or federal law: 59
97+ 1. For the employee s of the political subdivision; or 60
98+ 2. For the employees of an employer contracting to provide 61
99+goods or services for the political subdivision, or for the 62
100+employees of a subcontractor of such an employer, under the 63
101+terms of a contract with the political s ubdivision; or 64
102+ 2.3. For the employees of an employer receiving a direct 65
103+tax abatement or subsidy from the political subdivision, as a 66
104+condition of the direct tax abatement or subsidy. 67
105+ Section 2. Section 448.077, Florida Statutes, is created 68
106+to read: 69
107+ 448.077 Regulation of labor preempted to the state. —The 70
108+regulation of the terms and conditions of employment is 71
109+expressly preempted to the state. Unless expressly authorized by 72
110+special or general law, a county, municipality, special 73
111+district, or politica l subdivision of the state may not adopt or 74
112+enforce an ordinance, an order, a rule, or a policy providing a 75
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121121 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
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125-Statutes, are amende d to read: 76
126- 218.077 Wage and employment benefits requirements by 77
127-political subdivisions; restrictions. — 78
128- (2)(a) Except as otherwise provided in subsection (3), a 79
129-political subdivision may not establish, mandate, maintain, or 80
130-otherwise require an employer to pay a minimum wage, other than 81
131-a state or federal minimum wage, to apply a state or federal 82
132-minimum wage to wages exempt from a state or federal minimum 83
133-wage, or to provide employment benefits not otherwise required 84
134-by state or federal law. 85
135- (b) A political subdivision may not through its purchasing 86
136-or contracting procedures seek to control or affect the wages or 87
137-employment benefits provided by its vendors, contractors, 88
138-service providers, or other parties doing business with the 89
139-political subdivision. 90
140- (c) A political subdivision may not through the use of 91
141-evaluation factors, qualification of bidders, or otherwise award 92
142-preferences on the basis of wages or employment benefits 93
143-provided by vendors, contractors, service providers, or other 94
144-parties doing business with the political subdivision. 95
145- (3) This section does not: 96
146- (a) Limit the authority of a political subdivision to 97
147-establish a minimum wage other than a state or federal minimum 98
148-wage or to provide employment benefits not otherwise required 99
149-under state or federal law: 100
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125+term or condition of employment that exceeds or conflicts with 76
126+the requirements of state or federal law relating to a term or 77
127+condition of employmen t. An ordinance, an order, a rule, or a 78
128+policy that violates this section is void and unenforceable. 79
129+However, a county, municipality, special district, or political 80
130+subdivision of the state may adopt and enforce an ordinance, an 81
131+order, a rule, or a policy providing employment benefits, as 82
132+defined in s. 218.077(1), for the employees of the county, 83
133+municipality, special district, or political subdivision which 84
134+exceed state or federal law. 85
135+ Section 3. Section 448.106, Florida Statutes, is created 86
136+to read: 87
137+ 448.106 Workplace heat exposure requirements; preemption; 88
138+rulemaking.— 89
139+ (1) As used in this section, the term: 90
140+ (a) "Contractor" means an employer contracting with, or 91
141+seeking to contract with, a local government to provide goods or 92
142+services to, for the benefit of, or on behalf of the local 93
143+government. 94
144+ (b) "Employee" means a natural person, including a self -95
145+employed person, who receives any type of compensation or 96
146+remuneration for providing services to an employer. 97
147+ (c) "Employer" means a person who h ires or contracts for 98
148+the services of employees. 99
149+ (d) "Heat exposure requirement" means a standard mandated 100
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158158 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
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162- 1. For the employees of the political subdivision; or 101
163- 2. For the employees of an employer contracting to provide 102
164-goods or services for the political subdivision, or for the 103
165-employees of a subcontractor of such an employer, under the 104
166-terms of a contract with the political subdivision; or 105
167- 2.3. For the employees of an employer receiving a direct 106
168-tax abatement or subsidy from the political subdivision, as a 107
169-condition of the direct tax abatement or subsidy. 108
170- Section 3. The amendments to s. 218.077, Florida Statutes, 109
171-by this act, do not impair any contract entered into before 110
172-September 30, 2026. 111
173- Section 4. Section 448.077, Florida Statutes, is created 112
174-to read: 113
175- 448.077 Preemption of employee scheduling regulation. — A 114
176-local government may not adopt or enforce any ordinance, 115
177-resolution, order, rule, policy, or contract requirement 116
178-regulating scheduling, including predictive scheduling, by a 117
179-private employer except as expressly authorized or required by 118
180-state or federal law, rule, or regulation or pursuant to federal 119
181-grant requirements. 120
182- Section 5. Except as otherwise provided, this act shall 121
183-take effect July 1, 2024. 122
162+or otherwise imposed on employers, employees, contractors, or 101
163+subcontractors to control an employee's exposure to heat or sun, 102
164+or to otherwise addr ess or moderate the effects of such 103
165+exposure. The term includes, but is not limited to, standards 104
166+relating to all of the following: 105
167+ 1. Employee monitoring and protection. 106
168+ 2. Water consumption. 107
169+ 3. Cooling measures. 108
170+ 4. Acclimatization and recovery pe riods or practices. 109
171+ 5. Posting or distributing notices or materials relating 110
172+to heat exposure which inform employees how to protect 111
173+themselves from such exposure. 112
174+ 6. Implementation and maintenance of heat exposure 113
175+programs or training. 114
176+ 7. Appropriate first-aid measures or emergency responses 115
177+related to heat exposure. 116
178+ 8. Protections for employees who report that they have 117
179+experienced excessive heat exposure. 118
180+ 9. Reporting and recordkeeping requirements. 119
181+ (e) "Local government" means a county, munic ipality, 120
182+department, commission, district, board, or other public body, 121
183+whether corporate or otherwise, created by or under state law. 122
184+ (f) "Subcontractor" has the same meaning as in s. 123
185+448.095(1). 124
186+ (2)(a) The regulation of workplace heat exposure 125
187+
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195+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
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199+requirements is preempted to the state. Any local law, 126
200+ordinance, resolution, regulation, rule, code, policy, or 127
201+charter amendment adopted before, on, or after the effective 128
202+date of this act which conflicts with this section is void and 129
203+prohibited. 130
204+ (b) If the Occupational Safety and Health Administration 131
205+has not adopted by rule requirements regulating workplace heat 132
206+exposure by July 1, 2028, the Department of Commerce must adopt 133
207+by rule statewide workplace heat exposure requirements. Such 134
208+rules must be consiste nt with the standards of the Occupational 135
209+Safety and Health Administration in effect at the time the 136
210+Department of Commerce adopts its rules, and modified as 137
211+necessary to reflect workplace heat exposure considerations 138
212+specific to this state. The Legislatur e must ratify such rules 139
213+before they take effect. 140
214+ (3) Except as otherwise provided in this section, a local 141
215+government may not: 142
216+ (a) Mandate or otherwise impose heat exposure requirements 143
217+on an employer, an employee, a contractor, or a subcontractor. 144
218+ (b) Consider or seek information relating to a 145
219+contractor's or subcontractor's heat exposure requirements in 146
220+any procurement for goods or services. 147
221+ (4) This section does not limit the authority of a local 148
222+government to mandate or impose workplace heat ex posure 149
223+requirements for the employees of the local government. 150
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232+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
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236+ (5) This section does not apply if it is determined that 151
237+compliance with this section will prevent the distribution of 152
238+federal funds to a local government or would otherwise be 153
239+inconsistent with federal requirements pertaining to receiving 154
240+federal funds, but only to the extent necessary to allow a local 155
241+government to receive federal funds or to eliminate the 156
242+inconsistency with federal requirements. 157
243+ Section 4. This act shall take effect July 1, 2024. 158