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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
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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 and providing applicability; 9
creating s. 448.077, F.S.; prohibiting a local 10
government from adopting or enforcing certain measures 11
regulating scheduling by private employers, except as 12
otherwise authorized or required by law; creating s. 13
448.106, F.S.; defining terms; prohibiting a political 14
subdivision from requiring employers to meet or 15
provide heat exposure requirements beyond those 16
required by law; prohibiting a political subdivision 17
from giving preference to or considering or seeking 18
information from an employer in a competitive 19
solicitation based on or relating to an employer's 20
heat exposure requirements; providing construction; 21
providing applicability; providing an effective date. 22
23
Be It Enacted by the Legislature of the State of Florida: 24
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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
Section 1. Section 448.106, Florida Sta tutes, is created 26
to read: 27
448.106 Workplace heat exposure requirements. — 28
(1) As used in this section, the term: 29
(a) "Competitive solicitation" means an invitation to bid, 30
a request for proposals, or an invitation to negotiate. 31
(b) "Heat exposure r equirement" means a standard to 32
control an employee's exposure to heat or sun, or to otherwise 33
address or moderate the effects of such exposure. The term 34
includes, but is not limited to, standards relating to any of 35
the following: 36
1. Employee monitoring and protection. 37
2. Water consumption. 38
3. Cooling measures. 39
4. Acclimation and recovery periods or practices. 40
5. Posting or distributing notices or materials that 41
inform employees how to protect themselves from heat exposure. 42
6. Implementation and maintenance of heat exposure 43
programs or training. 44
7. Appropriate first -aid measures or emergency responses 45
related to heat exposure. 46
8. Protections for employees who report that they have 47
experienced excessive heat exposure. 48
9. Reporting and recordkeeping requirements. 49
(c) "Political subdivision" means a county, municipality, 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
department, commission, district, board, or other public body, 51
whether corporate or otherwise, created by or under state law. 52
(2)(a) A political subdivision may not e stablish, mandate, 53
or otherwise require an employer, including an employer 54
contracting to provide goods or services to the political 55
subdivision, to meet or provide heat exposure requirements not 56
otherwise required under state or federal law. 57
(b) A political subdivision may not give preference in a 58
competitive solicitation to an employer based on the employer's 59
heat exposure requirements and may not consider or seek 60
information relating to the employer's heat exposure 61
requirements. 62
(3) This section does not limit the authority of a 63
political subdivision to establish or otherwise provide heat 64
exposure requirements not otherwise required under state or 65
federal law for direct employees of the political subdivision. 66
(4) This section does not apply if it is determined that 67
compliance with this section will prevent the distribution of 68
federal funds to a political subdivision or would otherwise be 69
inconsistent with federal requirements pertaining to receiving 70
federal funds, but only to the extent necessary to allow a 71
political subdivision to receive federal funds or to eliminate 72
inconsistency with federal requirements. 73
Section 2. Effective September 30, 2026, subsection (2) 74
and paragraph (a) of subsection (3) of section 218.077, Florida 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
Statutes, are amende d to read: 76
218.077 Wage and employment benefits requirements by 77
political subdivisions; restrictions. — 78
(2)(a) Except as otherwise provided in subsection (3), a 79
political subdivision may not establish, mandate, maintain, or 80
otherwise require an employer to pay a minimum wage, other than 81
a state or federal minimum wage, to apply a state or federal 82
minimum wage to wages exempt from a state or federal minimum 83
wage, or to provide employment benefits not otherwise required 84
by state or federal law. 85
(b) A political subdivision may not through its purchasing 86
or contracting procedures seek to control or affect the wages or 87
employment benefits provided by its vendors, contractors, 88
service providers, or other parties doing business with the 89
political subdivision. 90
(c) A political subdivision may not through the use of 91
evaluation factors, qualification of bidders, or otherwise award 92
preferences on the basis of wages or employment benefits 93
provided by vendors, contractors, service providers, or other 94
parties doing business with the political subdivision. 95
(3) This section does not: 96
(a) Limit the authority of a political subdivision to 97
establish a minimum wage other than a state or federal minimum 98
wage or to provide employment benefits not otherwise required 99
under state or federal law: 100
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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
1. For the employees of the political subdivision; or 101
2. For the employees of an employer contracting to provide 102
goods or services for the political subdivision, or for the 103
employees of a subcontractor of such an employer, under the 104
terms of a contract with the political subdivision; or 105
2.3. For the employees of an employer receiving a direct 106
tax abatement or subsidy from the political subdivision, as a 107
condition of the direct tax abatement or subsidy. 108
Section 3. The amendments to s. 218.077, Florida Statutes, 109
by this act, do not impair any contract entered into before 110
September 30, 2026. 111
Section 4. Section 448.077, Florida Statutes, is created 112
to read: 113
448.077 Preemption of employee scheduling regulation. — A 114
local government may not adopt or enforce any ordinance, 115
resolution, order, rule, policy, or contract requirement 116
regulating scheduling, including predictive scheduling, by a 117
private employer except as expressly authorized or required by 118
state or federal law, rule, or regulation or pursuant to federal 119
grant requirements. 120
Section 5. Except as otherwise provided, this act shall 121
take effect July 1, 2024. 122