Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for HB 655
       
       
       
       
       
       
                                Barcode 823160                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/RE/2R         .                                
             04/26/2013 12:56 PM       .                                
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       Senator Simmons moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 218.077, Florida Statutes, is amended to
    6  read:
    7         218.077 Minimum Wage and employment benefits requirements
    8  by political subdivisions; restrictions.—
    9         (1) As used in this section, the term:
   10         (a) “Employee” means any natural person who is entitled
   11  under state or federal law to receive a state or federal minimum
   12  wage.
   13         (b) “Employer” means any person who is required under state
   14  or federal law to pay a state or federal minimum wage to the
   15  person’s employees.
   16         (c) “Employer contracting to provide goods or services for
   17  the political subdivision” means a person contracting with the
   18  political subdivision to provide goods or services to, for the
   19  benefit of, or on behalf of, the political subdivision in
   20  exchange for valuable consideration, and includes a person
   21  leasing or subleasing real property owned by the political
   22  subdivision.
   23         (d) “Employment benefits” means anything of value that an
   24  employee may receive from an employer in addition to wages and
   25  salary. The term includes, but is not limited to, health
   26  benefits; disability benefits; death benefits; group accidental
   27  death and dismemberment benefits; paid or unpaid days off for
   28  holidays, sick leave, vacation, and personal necessity;
   29  retirement benefits; and profit-sharing benefits.
   30         (e)(d) “Federal minimum wage” means a minimum wage required
   31  under federal law, including the federal Fair Labor Standards
   32  Act of 1938, as amended, 29 U.S.C. ss. 201 et seq.
   33         (f)(e) “Political subdivision” means a county,
   34  municipality, department, commission, district, board, or other
   35  public body, whether corporate or otherwise, created by or under
   36  state law.
   37         (g)(f) “Wage” means that compensation for employment to
   38  which any state or federal minimum wage applies.
   39         (2) Except as otherwise provided in subsection (3), a
   40  political subdivision may not establish, mandate, or otherwise
   41  require an employer to pay a minimum wage, other than a state or
   42  federal minimum wage, or to apply a state or federal minimum
   43  wage to wages exempt from a state or federal minimum wage, or to
   44  provide employment benefits not otherwise required by state or
   45  federal law.
   46         (3) This section does not:
   47         (a) Limit the authority of a political subdivision to
   48  establish a minimum wage other than a state or federal minimum
   49  wage or to provide employment benefits not otherwise required
   50  under state or federal law:
   51         1.(a) For the employees of the political subdivision;
   52         2.(b) For the employees of an employer contracting to
   53  provide goods or services for the political subdivision, or for
   54  the employees of a subcontractor of such an employer, under the
   55  terms of a contract with the political subdivision; or
   56         3.(c) For the employees of an employer receiving a direct
   57  tax abatement or subsidy from the political subdivision, as a
   58  condition of the direct tax abatement or subsidy.
   59         (b) Apply to a domestic or sexual violence ordinance,
   60  order, rule, or policy adopted by a political subdivision.
   61         (4) If it is determined by the officer or agency
   62  responsible for distributing federal funds to a political
   63  subdivision that compliance with this act would prevent receipt
   64  of those federal funds, or would otherwise be inconsistent with
   65  federal requirements pertaining to such funds, then this act
   66  does shall not apply, but only to the extent necessary to allow
   67  receipt of the federal funds or to eliminate the inconsistency
   68  with such federal requirements.
   69         (5)(a) There is created the Employer-Sponsored Benefits
   70  Study Task Force. Workforce Florida, Inc., shall provide
   71  administrative and staff support services relating to the
   72  functions of the task force. The task force shall organize by
   73  September 1, 2013. The task force shall be composed of 11
   74  members. The President of Workforce Florida, Inc., shall serve
   75  as a member and chair of the task force. The Speaker of the
   76  House of Representatives shall appoint one member who is an
   77  economist with a background in business economics. The President
   78  of the Senate shall appoint one member who is a physician
   79  licensed under chapter 458 or chapter 459 with at least 5 years
   80  of experience in the active practice of medicine. In addition,
   81  the President of the Senate and the Speaker of the House of
   82  Representatives shall each appoint four additional members to
   83  the task force. The four appointments from the President of the
   84  Senate and the four appointments from the Speaker of the House
   85  of Representatives must each include:
   86         1. A member of the Legislature.
   87         2. An owner of a business in this state which employs fewer
   88  than 50 people.
   89         3. An owner or representative of a business in this state
   90  which employs more than 50 people.
   91         4. A representative of an organization who represents the
   92  nonmanagement employees of a business.
   93         (b) Members of the task force shall serve without
   94  compensation, but are entitled to reimbursement for per diem and
   95  travel expenses in accordance with s. 112.061.
   96         (c) The purpose of the task force is to analyze employment
   97  benefits and the impact of state preemption of the regulation of
   98  such benefits. The task force shall develop a report that
   99  includes its findings and recommendations for legislative action
  100  regarding the regulation of employment benefits. The task force
  101  shall submit the report to the Governor, the President of the
  102  Senate, and the Speaker of the House of Representatives by
  103  January 15, 2014.
  104         (d) This subsection is repealed June 30, 2014.
  105         (6) This section does not prohibit a federally authorized
  106  and recognized tribal government from requiring employment
  107  benefits for a person employed within a territory over which the
  108  tribe has jurisdiction.
  109         Section 2. For the 2013-2014 fiscal year, the sum of
  110  $27,050 in nonrecurring funds is appropriated from the General
  111  Revenue Fund to the Department of Economic Opportunity for
  112  Workforce Florida, Inc., for operating the Employer-Sponsored
  113  Benefits Study Task Force.
  114         Section 3. This act shall take effect July 1, 2013.
  115  
  116  ================= T I T L E  A M E N D M E N T ================
  117         And the title is amended as follows:
  118         Delete everything before the enacting clause
  119  and insert:
  120                        A bill to be entitled                      
  121         An act relating to employment benefits; amending s.
  122         218.077, F.S.; providing and revising definitions;
  123         prohibiting political subdivisions from requiring
  124         employers to provide certain employment benefits;
  125         prohibiting political subdivisions from requiring, or
  126         awarding preference on the basis of, certain wages or
  127         employment benefits when contracting for goods or
  128         services; providing for applicability and future
  129         repeal of certain ordinances; conforming provisions to
  130         constitutional requirements relating to the state
  131         minimum wage; creating the Employer-Sponsored Benefits
  132         Study Task Force; directing Workforce Florida, Inc.,
  133         to provide administrative and staff support services
  134         for the task force; establishing the purpose and
  135         composition of the task force; providing for
  136         reimbursement for per diem and travel expenses;
  137         requiring the task force to submit a report to the
  138         Governor and the Legislature by a specified date;
  139         providing report requirements; providing for future
  140         repeal of the task force; providing that the act does
  141         not prohibit a federally authorized or recognized
  142         tribal government from requiring employment benefits
  143         under certain conditions; providing an appropriation;
  144         providing an effective date.