Florida 2025 Regular Session

Florida House Bill H0541 Latest Draft

Bill / Comm Sub Version Filed 04/08/2025

                               
 
CS/CS/HB 541  	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb541-02-c2 
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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 minimum wage requirements; amending 2 
s. 448.110, F.S.; providing that an employer is not 3 
subject to state minimum wage requirements for 4 
specified employees; prohibiting certain work -based 5 
learning opportunities from lasting longer than a 6 
specified amount of time; authorizing employees to 7 
voluntarily opt out of the state minimum wage 8 
requirements by signing a waiver; prohibiting an 9 
employer from coercing an employee into opting out of 10 
the state minimum wage; providing requirements in 11 
order for the waiver to be effective for a minor 12 
employee; requiring employers to pay an employee at or 13 
above the federal minimum wage; providing that an 14 
employee's waiver to opt out of the state minimum wage 15 
is only valid for a specified timeframe; providing 16 
severability; providing an effective date. 17 
 18 
Be It Enacted by the Legislature of the State of Florida: 19 
 20 
 Section 1.  Subsection (3) of section 448.110, Florida 21 
Statutes, is amended to read: 22 
 448.110  State minimum wage; annual wage adjustment; 23 
enforcement.— 24 
 (3)(a) Employers shall pay employees a minimum wage at an 25     
 
CS/CS/HB 541  	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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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 
 
 
 
hourly rate of $6.15 for all hours worked in Florida. Only those 26 
individuals entitled to receive the federal minimum wage under 27 
the federal Fair Labor Standards Act, as amended, and its 28 
implementing regulations shall be eligible to receive the state 29 
minimum wage pursuant to s. 24, Art. X of the State Constitution 30 
and this section. The provisions of ss. 213 and 214 of the 31 
federal Fair Labor Standards Act, as interpreted by applicable 32 
federal regulations and implemented by the Secretary of Labor, 33 
are incorporated herein. 34 
 (b)  An employer is not subject to the state minimum wage 35 
requirements of this section for an employee who is in a 36 
structured work-study, internship, preapprenticeship, or other 37 
similar work-based learning opportunity and who opts out of 38 
receiving the minimum wage. However, such work -based learning 39 
opportunity may not last longer than 9 months or two full -time 40 
semesters, consisting of at least 15 credit hours each. 41 
 (c)  An employee may opt out of receiving the state minimum 42 
wage by voluntarily signing a waiver of his or her right to the 43 
state minimum wage established under this subsection. The waiver 44 
must state that the employee acknowledges his or her right to 45 
the state minimum wage pursuant to s. 24, Art. X of the State 46 
Constitution and this section and that the employee is knowingly 47 
and voluntarily choosing to receive a lesser amount for his or 48 
her work-based learning opportunity as described in paragraph 49 
(b). An employer may n ot coerce an employee to opt out of 50     
 
CS/CS/HB 541  	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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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 
 
 
 
receiving the state minimum wage. If the employee is younger 51 
than 18 years of age, in order for the waiver to be effective, 52 
the employee's parent or guardian must have agreed and signed 53 
the waiver on behalf of the minor employee at the minor 54 
employee's request. 55 
 (d)  Except as provided in paragraphs (b) and (c), an 56 
employer must pay an employee a wage at or above the federal 57 
minimum wage. 58 
 (e)  An employee's waiver to opt out of the state minimum 59 
wage under this subsectio n is only valid for 9 months after the 60 
date his or her employment with the employer begins. Thereafter, 61 
the employee must be paid at or above the state minimum wage 62 
regardless of his or her position or job title with the 63 
employer. 64 
 (f)  If any provision of this subsection or its application 65 
to any person or circumstance is held invalid, that provision or 66 
its application is severable and does not affect the validity of 67 
the other provisions or applications of this subsection. 68 
 Section 2. This act shall take effect July 1, 2025. 69