Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 1124
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Community Affairs (Gruters) recommended the
    1         Senate Amendment (with title amendment)
    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 Wage Mandate Preemption Act and employment benefits
    8  requirements by political subdivisions; restrictions.—
    9         (1) This section may be cited as the “Wage Mandate
   10  Preemption Act.”
   11         (2) As used in this section, the term:
   12         (a) “Employ” has the same meaning as established under the
   13  federal Fair Labor Standards Act and its implementing
   14  regulations.
   15         (b) “Employee” means any natural person who is entitled
   16  under state or federal law to receive a state or federal minimum
   17  wage.
   18         (c)(b) “Employer” means any person who is required under
   19  state or federal law to pay a state or federal minimum wage to
   20  the person’s employees.
   21         (c)Employer contracting to provide goods or services for
   22  the political subdivision” means a person contracting with the
   23  political subdivision to provide goods or services to, for the
   24  benefit of, or on behalf of, the political subdivision in
   25  exchange for valuable consideration, and includes a person
   26  leasing or subleasing real property owned by the political
   27  subdivision.
   28         (d) “Employment benefits” means anything of value that an
   29  employee may receive from an employer in addition to wages and
   30  salary. The term includes, but is not limited to, health
   31  benefits; disability benefits; death benefits; group accidental
   32  death and dismemberment benefits; paid or unpaid days off for
   33  holidays, sick leave, vacation, and personal necessity;
   34  retirement benefits; and profit-sharing benefits.
   35         (e) “Federal minimum wage” means a minimum wage required
   36  under federal law, including the federal Fair Labor Standards
   37  Act of 1938, as amended, 29 U.S.C. ss. 201 et seq.
   38         (f) “Political subdivision” means a county, municipality,
   39  department, commission, district, board, or other public body,
   40  whether corporate or otherwise, created by or under state law.
   41         (g) “Wage” means that compensation for employment to which
   42  any state or federal minimum wage applies.
   43         (h)“Wage mandate” means any requirement enacted by a
   44  political subdivision which requires an employer to pay any or
   45  all of its employees a wage rate not otherwise required under
   46  state or federal law.
   47         (3)(2) Except as otherwise provided in subsection (4) (3),
   48  a political subdivision may not enact establish, maintain
   49  mandate, or enforce by charter, ordinance, purchase agreement,
   50  contract, regulation, rule, or resolution, either directly or
   51  indirectly, a wage mandate in an amount greater than the state
   52  minimum wage rate calculated pursuant to s. 24, Art. X of the
   53  State Constitution or the federal minimum wage rate. Any wage
   54  mandate that conflicts with this subsection is void.
   55  Additionally, a political subdivision may not otherwise require
   56  an employer to pay a minimum wage, other than a state or federal
   57  minimum wage, to apply a state or federal minimum wage to wages
   58  exempt from a state or federal minimum wage, or require an
   59  employer to provide employment benefits not otherwise required
   60  by state or federal law.
   61         (4)(3) This section does not:
   62         (a) Limit the authority of a political subdivision to
   63  enact, maintain, or enforce, through a collective bargaining
   64  agreement or other means, establish a minimum wage requirement
   65  other than a state or federal minimum wage or to provide
   66  employment benefits not otherwise required under state or
   67  federal law:
   68         1. For the employees of the political subdivision; or
   69         2. For the employees of an employer contracting to provide
   70  goods or services for the political subdivision, or for the
   71  employees of a subcontractor of such an employer, under the
   72  terms of a contract with the political subdivision; or
   73         3. For the employees of an employer receiving a direct tax
   74  abatement or subsidy from the political subdivision, as a
   75  condition of the direct tax abatement or subsidy.
   76         (b) Apply to a domestic violence or sexual abuse ordinance,
   77  order, rule, or policy adopted by a political subdivision.
   78         (c)Limit, restrict, or expand a prevailing wage required
   79  under state law.
   80         (5)(4) If it is determined by the officer or agency
   81  responsible for distributing federal funds to a political
   82  subdivision that compliance with this act would prevent receipt
   83  of those federal funds, or would otherwise be inconsistent with
   84  federal requirements pertaining to such funds, then this act
   85  does not apply, but only to the extent necessary to allow
   86  receipt of the federal funds or to eliminate the inconsistency
   87  with such federal requirements.
   88         (6)(5) This section does not prohibit a federally
   89  authorized and recognized tribal government from requiring
   90  employment benefits for a person employed within a territory
   91  over which the tribe has jurisdiction.
   92         Section 2. This act shall take effect upon becoming a law.
   94  ================= T I T L E  A M E N D M E N T ================
   95  And the title is amended as follows:
   96         Delete everything before the enacting clause
   97  and insert:
   98                        A bill to be entitled                      
   99         An act relating to preemption of local government wage
  100         mandates; amending s. 218.077, F.S.; providing a short
  101         title; defining the terms “employ” and “wage mandate”;
  102         deleting the definition of the term “employer
  103         contracting to provide goods or services for the
  104         political subdivision”; revising prohibitions relating
  105         to political subdivisions enacting, maintaining, or
  106         enforcing wage mandates in an amount greater than the
  107         state or federal minimum wage; specifying that any
  108         wage mandate that conflicts with such prohibitions is
  109         void; revising applicability; providing construction;
  110         providing an effective date.