The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: SB 676
INTRODUCER: Senator Martin
SUBJECT: Minimum Wage Requirements
DATE: March 10, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Dike McKay CM Fav/CS
2. GO
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 676 amends the Florida Minimum Wage Act to allow employees to opt out of receiving
the minimum wage for work-study, internship, preapprenticeship, apprenticeship program, or
other similar work-based learning opportunities by signing a waiver acknowledging that the
employee is knowingly and voluntarily choosing to receive a lesser amount. Parents or guardians
must sign the waiver for employees under 18 years of age.
The bill takes effect July 1, 2025.
II. Present Situation:
Federal Minimum Wage
In 1938, the Fair Labor Standards Act (FLSA) was enacted to prescribe federal standards for
minimum wage, overtime, recordkeeping, and child labor.
1
As of 2009, the minimum wage that
all covered, nonexempt employees must earn is $7.25.
2
No state may enforce a minimum wage
1
29 U.S.C. § 206; U.S. DEPT. OF LABOR, Fact Sheet #14: Coverage Under the Fair Labor Standards Act (FLSA), available at
https://www.dol.gov/agencies/whd/fact-sheets/14-flsa-coverage (last visited Mar. 10, 2025).
2
29 U.S.C. § 206.
REVISED: BILL: SB 676 Page 2
that is below the federal minimum.
3
As of 2021, around 85% of all wage and salary workers in
the U.S. were covered by the FLSA.
4
The FLSA applies to employees in two categories:
• Enterprise coverage—employees who work for enterprises, businesses or organizations
doing at least $500,000 of business per year, and hospitals, businesses providing medical
or nursing care for residents, schools and preschools, and government agencies; or
• Individual coverage—Employees whose work involves the production of goods for
commerce or engagement in interstate commerce and domestic workers.
5
The FLSA includes several exemptions from the federal minimum hourly wage, that are not
legally required to be paid at the minimum hourly wage rate, including:
• Executive, administrative and professional employees (including teachers and academic
administrative personnel in elementary and secondary schools), outside sales employees,
and employees in certain computer-related occupations;
• Employees in certain seasonal amusement or recreational establishments, employees in
certain small newspapers, seamen employed on foreign vessels, employees engaged in
fishing operations, and employees engaged in newspaper delivery;
• Farm workers employed by anyone who used no more than 500 “man-days” of farm
labor in any calendar quarter of the preceding calendar year;
• Causal babysitters and persons employed as companions for the elderly or infirm;
• Border patrol agents; and
• Baseball players who are compensated pursuant to a contract that provides for a weekly
salary for services performed during the league’s championship season at a rate that is not
less than a weekly salary equal to the minimum wage.
6
Under the FLSA, employers may pay subminimum wages for certain classes of workers,
including:
• Youth employees under 20 years old for their first 90 days of employment.
• Student employees who receive a special certificate from the Department of Labor to
work part-time in a vocational training program.
• Full time students who receive a special certificate from the Department of Labor, who
are employed in retail/service establishments, agricultural occupation, or an institution of
higher education.
• Individuals with disabilities who receive a special certificate from the Department of
Labor, whose earning capacity is impaired by a disability.
• Employees who customarily receive tips as part of their job.
7
3
See U.S. Const. art. VI (the Supremacy Clause of the U.S. Constitution); U.S DEPT. OF LABOR, Minimum Wage, available at
https://www.dol.gov/general/topic/wages/minimumwage (last visited Mar. 10, 2025).
4
Sarah A. Donovan, CONG. RSCH. SERV., The Federal Minimum Wage: In Brief, available at
https://crsreports.congress.gov/product/pdf/R/R43089 (last visited Mar. 10, 2025).
5
U.S. DEPT. OF LABOR, supra note 1.
6
29 U.S.C. § 213.
7
Donovan, supra note 4. BILL: SB 676 Page 3
Florida Minimum Wage
Constitutional Amendment
On November 2, 2004, Floridians voted to amend the Florida Constitution by adding a minimum
wage provision that established the state minimum wage.
8
Under Fla. Const. art. X, § 24, “all
working Floridians are entitled to be paid a minimum wage that is sufficient to provide a decent
and healthy life for them and their families, that protects their employers from unfair low-wage
competition, and that does not force them to rely on taxpayer-funded public services in order to
avoid economic hardship.”
On November 3, 2020, citizens voted to amend the Florida Constitution to gradually increase the
state minimum wage each year, starting at $10.00 per hour and rising until it reaches $15.00 per
hour on September 30, 2026.
9
Currently, the Florida minimum wage is $13.00 per hour.
10
Pursuant to the amendment, on September 30, 2027, and each following year on that date,
Florida’s Department of Commerce must increase the minimum wage using a specified inflation
calculation.
11
Under Fla. Const. art. X, § 24, the definitions of “employer,” “employee,” and “wage” have the
same meaning as those established under the FLSA. This constitutional provision also states that
the case law, administrative interpretations, and other guiding standards under the FLSA must
guide the construction and implementation of Florida’s constitutional minimum wage.
12
Resultingly, the FLSA and its exceptions and exemptions are incorporated into the Florida
minimum wage amendment.
13
Florida Statute
In 2005, Florida Legislature enacted the Florida Minimum Wage Act (Act), s. 448.110, F.S., to
implement the requirements of the constitutional amendment in statute. The Act only applies to
individuals entitled to receive federal minimum wage under the FLSA.
14
It is also specified that
ss. 213 and 214 of the FLSA, which set forth exceptions and exemptions to the minimum wage,
are incorporated into Florida minimum wage law.
15
Additionally, the Act provides a cause of action for individuals against employers who do not
follow minimum wage requirements, retaliate against an employee for exercising their rights, or
otherwise violate the Act.
16
The Attorney General is also authorized to bring civil actions against
employers violating it, which may result in injunctive relief or fines paid to the state.
17
8
See Fla. Const. art. X, § 24.
9
Id.
10
U.S. DEPT. OF LABOR, State Minimum Wage Laws, available at https://www.dol.gov/agencies/whd/minimum-wage/state
(last visited Mar. 10, 2025).
11
Fla. Const. art. X, § 24.
12
Fla. Const. art. X, § 24(f).
13
Op. Att’y Gen. Fla. 2005-64 (2005); see also In re Advisory Opinion to the Atty. Gen. re Fla. Minimum Wage Amend., 880
So. 2d 636 (Fla. 2004).
14
Section 448.110(3), F.S.
15
Id.
16
Section 448.110(5)-(6), F.S.
17
Section 448.110(7), F.S. BILL: SB 676 Page 4
Work-Based Learning Opportunities
The federal government provides part-time employment to certain students who are attending
institutions of higher education through its federal work-study program.
18
A student is eligible to
take part in this program if they meet the eligibility requirements of 34 C.F.R. 668.32, have a
demonstrated financial need, and are enrolled at an institution of higher education.
19
The student
may work for qualifying employers or the education institution itself.
20
Further, the student
participating in a work-study program must be paid at least the minimum wage rate under the
FLSA.
21
Additionally, the federal government sets forth labor standards and governs registration of
apprenticeship programs under the National Apprenticeship Act.
22
Each state has a registered
apprentice program which must be approved by the Office of Apprenticeship at the U.S.
Department of Labor.
23
Florida’s apprenticeship program carves out work-based learning
opportunities for people who are at least 16 years old to gain trade skills while still in school.
24
The Florida Department of Education has developed standards for apprenticeable trades to
establish programs with public schools and the Florida College System.
25
These trades include
plumbing, heating and air conditioning technicians, teaching, cybersecurity, and more.
26
Each
employer registered with a state apprenticeship program must pay at least the minimum wage
under the FLSA, or a higher wage if required by applicable state law.
27
III. Effect of Proposed Changes:
Section 1 amends s. 448.110, F.S., to provide that an employer is not subject to the minimum
wage requirements of this section for certain employees who choose to opt out of the minimum
wage. The covered employees are those who are employed in a structured work-study,
internship, preapprenticeship program, apprenticeship program, or other similar work-based
learning opportunity. Such employees may opt out of receiving the minimum wage by signing a
waiver, which must state that the employee is knowingly and voluntarily choosing to work for an
amount lower than the minimum wage. If the employee is under 18 years old, a parent or
guardian of the employee must sign the waiver on behalf of the employee.
The bill contains a severability clause providing that if any provision is held invalid, that
provision is severable and does not affect the validity of other provisions.
See Section IV, Constitutional Issues, for a discussion of the constitutionality of the bill.
18
20 U.S.C. § 1087-51; 34 C.F.R. § 675.1.
19
34 C.F.R. § 675.9.
20
34 C.F.R. §§ 675.20-675.21.
21
34 C.F.R. § 675.24.
22
See 29 U.S.C. §§50 et seq; 29 C.F.R. 29.
23
29 C.F.R. 29.3.
24
See ss. 446.011-446.092, F.S.
25
Section 446.011, F.S.
26
Florida Dept. of Education, Florida’s Annual Apprenticeship and Preapprenticeship Report 2023-2024, available at
https://www.fldoe.org/core/fileparse.php/9904/urlt/2024ApprenticeFL-Annual.pdf (last visited Mar. 10, 2025).
27
29 C.F.R. § 29.5. BILL: SB 676 Page 5
Section 2 provides an effective date of July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
Under Fla. Const. art. X, § 24, “employers shall pay Employee Wages no less than the
Minimum Wage for all hours worked in Florida.” When interpreting the meaning of a
statute or constitutional provision, courts will abide by the plain language of the text if it
is unambiguous.
28
The language of the constitutional mandate is clear that employers
must pay the established, hourly minimum wage to employees. If an employee signs a
waiver stating that they opt out of minimum wage requirements, the employer is still
bound by the minimum wage requirements of the state constitution. There is no exception
or exemption from the minimum wage specified in the state constitution, other than those
incorporated from the FLSA.
29
Further, in a Florida appellate decision
30
on an appeal from a denial of unemployment
compensation benefits, the court found that since “the Florida Statutes expressly adopt
the FLSA, as interpreted and implemented by federal law, ‘[n]o one can doubt but that to
allow waiver of statutory [minimum] wages by agreement would nullify the purposes of
the [FLSA].’”
31
28
McCloud v. State, 260 So. 3d 911, 914-15 (Fla. 2018); Garcia v. Andonie, 101 So. 3d 339 (Fla. 2012) (”Constitutional
analysis must begin with examination of explicit language of provisions in question and, where the language is unambiguous
and addresses the matter at issue, the provision should be enforced as written.”).
29
See Fla. Const. art. X, § 24(f) (“It is intended that case law, administrative interpretations, and other guiding standards
developed under the federal FLSA shall guide the construction of this amendment and any implementing statutes or
regulations.”).
30
Martinez v. Ford Midway Mall, Inc., 59 So. 3d 168 (Fla. 3d DCA 2011).
31
Id. at 173, citing Brooklyn Savings Bank v. O’Neill, 324 U.S. 697, 707 (1945). BILL: SB 676 Page 6
There are some constitutional rights that can be waived, such as the right to remain silent
in police interrogation or the right to a homestead exemption.
32
While it is true that “most
personal constitutional rights may be waived… an individual cannot waive a right
designed to protect both the individual and the public.”
33
Further, an individual may only
forego a constitutional right if “it was the product of free and deliberate choice rather
than intimidation, coercion, or deception.”
34
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
“Internship” does not appear to have a standardized definition in Florida law, so it may be
unclear what types of internships would be eligible for the minimum wage opt-out.
VIII. Statutes Affected:
This bill substantially amends s. 448.110, F.S.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Commerce and Tourism Committee on March 10, 2025:
The committee substitute creates a provision that employees may waive their right to
minimum wage by signing a waiver with specified language; provides that parents of
minors must sign the waiver for employees under 18 years old; and adds a severability
clause to the bill.
32
See Chames v. DeMayo, 972 So. 2d 850 (Fla. 2007); Hartwell v. Blasingame, 564 So. 2d 543 (Fla. 2d DCA 1990),
approved, 584 So. 2d 6 (Fla. 1991).
33
Chames, 972 So. 2d at 860.
34
Sliney v. State, 699 So. 2d 662, 668 (Fla. 1997). BILL: SB 676 Page 7
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.