Florida Senate - 2022                             CS for SB 1124
       By the Committee on Community Affairs; and Senator Gruters
       578-02651-22                                          20221124c1
    1                        A bill to be entitled                      
    2         An act relating to preemption of local government wage
    3         mandates; amending s. 218.077, F.S.; providing a short
    4         title; defining the terms “employ” and “wage mandate”;
    5         deleting the definition of the term “employer
    6         contracting to provide goods or services for the
    7         political subdivision”; revising prohibitions relating
    8         to political subdivisions enacting, maintaining, or
    9         enforcing wage mandates in an amount greater than the
   10         state or federal minimum wage; specifying that any
   11         wage mandate that conflicts with such prohibitions is
   12         void; revising applicability; providing construction;
   13         providing an effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Section 218.077, Florida Statutes, is amended to
   18  read:
   19         218.077 Wage Mandate Preemption Act and employment benefits
   20  requirements by political subdivisions; restrictions.—
   21         (1) This section may be cited as the “Wage Mandate
   22  Preemption Act.”
   23         (2) As used in this section, the term:
   24         (a) “Employ” has the same meaning as established under the
   25  federal Fair Labor Standards Act and its implementing
   26  regulations.
   27         (b) “Employee” means any natural person who is entitled
   28  under state or federal law to receive a state or federal minimum
   29  wage.
   30         (c)(b) “Employer” means any person who is required under
   31  state or federal law to pay a state or federal minimum wage to
   32  the person’s employees.
   33         (c)Employer contracting to provide goods or services for
   34  the political subdivision” means a person contracting with the
   35  political subdivision to provide goods or services to, for the
   36  benefit of, or on behalf of, the political subdivision in
   37  exchange for valuable consideration, and includes a person
   38  leasing or subleasing real property owned by the political
   39  subdivision.
   40         (d) “Employment benefits” means anything of value that an
   41  employee may receive from an employer in addition to wages and
   42  salary. The term includes, but is not limited to, health
   43  benefits; disability benefits; death benefits; group accidental
   44  death and dismemberment benefits; paid or unpaid days off for
   45  holidays, sick leave, vacation, and personal necessity;
   46  retirement benefits; and profit-sharing benefits.
   47         (e) “Federal minimum wage” means a minimum wage required
   48  under federal law, including the federal Fair Labor Standards
   49  Act of 1938, as amended, 29 U.S.C. ss. 201 et seq.
   50         (f) “Political subdivision” means a county, municipality,
   51  department, commission, district, board, or other public body,
   52  whether corporate or otherwise, created by or under state law.
   53         (g) “Wage” means that compensation for employment to which
   54  any state or federal minimum wage applies.
   55         (h)“Wage mandate” means any requirement enacted by a
   56  political subdivision which requires an employer to pay any or
   57  all of its employees a wage rate not otherwise required under
   58  state or federal law.
   59         (3)(2) Except as otherwise provided in subsection (4) (3),
   60  a political subdivision may not enact establish, maintain
   61  mandate, or enforce by charter, ordinance, purchase agreement,
   62  contract, regulation, rule, or resolution, either directly or
   63  indirectly, a wage mandate in an amount greater than the state
   64  minimum wage rate calculated pursuant to s. 24, Art. X of the
   65  State Constitution or the federal minimum wage rate. Any wage
   66  mandate that conflicts with this subsection is void.
   67  Additionally, a political subdivision may not otherwise require
   68  an employer to pay a minimum wage, other than a state or federal
   69  minimum wage, to apply a state or federal minimum wage to wages
   70  exempt from a state or federal minimum wage, or require an
   71  employer to provide employment benefits not otherwise required
   72  by state or federal law.
   73         (4)(3) This section does not:
   74         (a) Limit the authority of a political subdivision to
   75  enact, maintain, or enforce, through a collective bargaining
   76  agreement or other means, establish a minimum wage requirement
   77  other than a state or federal minimum wage or to provide
   78  employment benefits not otherwise required under state or
   79  federal law:
   80         1. For the employees of the political subdivision; or
   81         2. For the employees of an employer contracting to provide
   82  goods or services for the political subdivision, or for the
   83  employees of a subcontractor of such an employer, under the
   84  terms of a contract with the political subdivision; or
   85         3. For the employees of an employer receiving a direct tax
   86  abatement or subsidy from the political subdivision, as a
   87  condition of the direct tax abatement or subsidy.
   88         (b) Apply to a domestic violence or sexual abuse ordinance,
   89  order, rule, or policy adopted by a political subdivision.
   90         (c)Limit, restrict, or expand a prevailing wage required
   91  under state law.
   92         (5)(4) If it is determined by the officer or agency
   93  responsible for distributing federal funds to a political
   94  subdivision that compliance with this act would prevent receipt
   95  of those federal funds, or would otherwise be inconsistent with
   96  federal requirements pertaining to such funds, then this act
   97  does not apply, but only to the extent necessary to allow
   98  receipt of the federal funds or to eliminate the inconsistency
   99  with such federal requirements.
  100         (6)(5) This section does not prohibit a federally
  101  authorized and recognized tribal government from requiring
  102  employment benefits for a person employed within a territory
  103  over which the tribe has jurisdiction.
  104         Section 2. This act shall take effect upon becoming a law.