Senate Bill sb1902

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                                  SB 1902

    By Senator Peaden





    1-1170-02                                           See HB 859

  1                      A bill to be entitled

  2         An act relating to local government;

  3         prohibiting local governments from requiring

  4         employers to pay a minimum wage in excess of

  5         the federal minimum wage; providing exceptions;

  6         providing an effective date.

  7

  8         WHEREAS, promoting the economic growth and prosperity

  9  of its citizens is among the most important responsibilities

10  of the state, and

11         WHEREAS, this economic growth and prosperity depends

12  upon maintaining a stable business climate that will attract

13  new employers to the state and allow existing employers to

14  grow, and

15         WHEREAS, with regard to worker wages, federal minimum

16  wage provisions strike the necessary balance between the

17  interests of workers and their employers, and

18         WHEREAS, allowing each local government to establish

19  minimum wage levels in their individual jurisdictions higher

20  than those required by federal law would threaten to drive

21  businesses out of these communities and out of the state in

22  search of a more favorable and uniform business environment,

23  and

24         WHEREAS, higher minimum wage standards differing from

25  one locale to another would encourage residents to conduct

26  their business in jurisdictions where wage costs, and hence

27  prices, are lower, and

28         WHEREAS, such artificial constraints would disrupt

29  Florida's economy and threaten the public welfare, NOW,

30  THEREFORE,

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    Florida Senate - 2002                                  SB 1902
    1-1170-02                                           See HB 859




  1  Be It Enacted by the Legislature of the State of Florida:

  2

  3         Section 1.  As used in this act, the term "political

  4  subdivision" means counties, municipalities, departments,

  5  commissions, districts, boards, and other public bodies,

  6  whether corporate or otherwise, created by or pursuant to

  7  state law.

  8         Section 2.  No political subdivision of the state may

  9  establish, mandate, or otherwise require an employer to pay a

10  minimum wage that exceeds the federal minimum wage set forth

11  in s. 6 of the Fair Labor Standards Act of 1938, 29 U.S.C. s.

12  206.  In addition, no political subdivision of the state may

13  establish, mandate, or otherwise require an employer to pay a

14  minimum wage related to employee wages that are exempt under

15  the Fair Labor Standards Act of 1938, 29 U.S.C. ss. 201 et

16  seq.

17         Section 3.  This act does not limit the authority of a

18  political subdivision of the state to establish a minimum wage

19  that exceeds the federal minimum wage:

20         (a)  For its own employees;

21         (b)  Pursuant to the terms of any contract in which the

22  political subdivision is a party procuring goods or services;

23  or

24         (c)  As a condition of the political subdivision

25  providing a direct tax abatement or subsidy to an employer.

26         Section 4.  For purposes of this act, "wage" has the

27  same meaning as set forth in s. 3(m) of the Fair Labor

28  Standards Act of 1938, 29 U.S.C. s. 203(m).

29         Section 5.  This act shall take effect upon becoming a

30  law.

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    Florida Senate - 2002                                  SB 1902
    1-1170-02                                           See HB 859




  1            *****************************************

  2                       LEGISLATIVE SUMMARY

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      Prohibits local governments from requiring employers to
  4    pay a minimum wage in excess of the federal minimum wage.
      Provides exceptions.
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CODING: Words stricken are deletions; words underlined are additions.