HB 0321 2003
   
1 A bill to be entitled
2          An act relating to local government; prohibiting local
3    governments from requiring employers to pay a minimum wage
4    in excess of the federal minimum wage; providing
5    exceptions; providing an effective date.
6         
7          WHEREAS, promoting the economic growth and prosperity of
8    its citizens is among the most important responsibilities of the
9    state, and
10          WHEREAS, this economic growth and prosperity depends upon
11    maintaining a stable business climate that will attract new
12    employers to the state and allow existing employers to grow, and
13          WHEREAS, with regard to worker wages, federal minimum wage
14    provisions strike the necessary balance between the interests of
15    workers and their employers, and
16          WHEREAS, allowing each local government to establish
17    minimum wage levels in their individual jurisdictions higher
18    than those required by federal law would threaten to drive
19    businesses out of these communities and out of the state in
20    search of a more favorable and uniform business environment, and
21          WHEREAS, higher minimum wage standards differing from one
22    locale to another would encourage residents to conduct their
23    business in jurisdictions where wage costs, and hence prices,
24    are lower, and
25          WHEREAS, such artificial constraints would disrupt
26    Florida's economy and threaten the public welfare, NOW,
27    THEREFORE,
28         
29          Be It Enacted by the Legislature of the State of Florida:
30         
31 Section 1.(1) As used in this section, the term:
32          (a) "Federal minimum wage" means a minimum wage required
33    under federal law, including the federal Fair Labor Standards
34    Act of 1938, as amended, 29 U.S.C. ss. 201 et seq.
35          (b) "Minimum wage" means a minimum rate of compensation
36    for employment.
37          (c) "Political subdivision" means a county, municipality,
38    department, commission, district, board, or other public body,
39    whether corporate or otherwise, created by or under state law.
40          (2) Except as otherwise provided in subsection (3), no
41    political subdivision may establish, mandate, or otherwise
42    require an employer to pay a minimum wage, other than a federal
43    minimum wage, or to apply a federal minimum wage to wages exempt
44    from such a federal minimum wage.
45          (3) This section does not limit the authority of a
46    political subdivision to establish a minimum wage other than a
47    federal minimum wage:
48          (a) For the employees of the political subdivision;
49          (b) For the employees of an employer contracting to
50    provide goods or services for the political subdivision, or for
51    the employees of a subcontractor of such an employer, under the
52    terms of a contract with the political subdivision; or
53          (c) For the employees of an employer receiving a direct
54    tax abatement or subsidy from the political subdivision, as a
55    condition of the direct tax abatement or subsidy.
56          Section 2. This act shall take effect upon becoming a law.
57