Florida Senate - 2024                                    SB 1492
       By Senator Trumbull
       2-01189A-24                                           20241492__
    1                        A bill to be entitled                      
    2         An act relating to employment regulations; amending s.
    3         218.077, F.S.; prohibiting political subdivisions from
    4         maintaining a certain minimum wage; prohibiting
    5         political subdivisions from controlling, affecting, or
    6         awarding preferences relating to wages or employment
    7         benefits of entities contracting with the political
    8         subdivision; revising applicability; creating s.
    9         448.106, F.S.; defining terms; prohibiting a political
   10         subdivision from requiring employers to meet or
   11         provide heat exposure requirements beyond those
   12         required by law; prohibiting a political subdivision
   13         from giving preference to or considering or seeking
   14         information from an employer in a competitive
   15         solicitation based on or relating to an employer’s
   16         heat exposure requirements; providing construction;
   17         providing applicability; providing an effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Subsection (2) and paragraph (a) of subsection
   22  (3) of section 218.077, Florida Statutes, are amended to read:
   23         218.077 Wage and employment benefits requirements by
   24  political subdivisions; restrictions.—
   25         (2)(a) Except as otherwise provided in subsection (3), a
   26  political subdivision may not establish, mandate, maintain, or
   27  otherwise require an employer to pay a minimum wage, other than
   28  a state or federal minimum wage, to apply a state or federal
   29  minimum wage to wages exempt from a state or federal minimum
   30  wage, or to provide employment benefits not otherwise required
   31  by state or federal law.
   32         (b) A political subdivision may not, through its purchasing
   33  or contracting procedures, seek to control or affect the wages
   34  or employment benefits provided by its vendors, contractors,
   35  service providers, or other parties doing business with the
   36  political subdivision. A political subdivision may not, through
   37  the use of evaluation factors, qualification of bidders, or
   38  otherwise, award preferences on the basis of wages or employment
   39  benefits provided by its vendors, contractors, service
   40  providers, or other parties doing business with the political
   41  subdivision.
   42         (3) This section does not:
   43         (a) Limit the authority of a political subdivision to
   44  establish a minimum wage other than a state or federal minimum
   45  wage or to provide employment benefits not otherwise required
   46  under state or federal law:
   47         1. For the employees of the political subdivision; or
   48         2. For the employees of an employer contracting to provide
   49  goods or services for the political subdivision, or for the
   50  employees of a subcontractor of such an employer, under the
   51  terms of a contract with the political subdivision; or
   52         3. For the employees of an employer receiving a direct tax
   53  abatement or subsidy from the political subdivision, as a
   54  condition of the direct tax abatement or subsidy.
   55         Section 2. Section 448.106, Florida Statutes is created to
   56  read:
   57         448.106Workplace heat exposure requirements.—
   58         (1) As used in this section, the term:
   59         (a) “Competitive solicitation” means an invitation to bid,
   60  a request for proposals, or an invitation to negotiate.
   61         (b) “Heat exposure requirement” means a standard to control
   62  an employee’s exposure to heat or sun, or to otherwise address
   63  or moderate the effects of such exposure. The term includes, but
   64  is not limited to, standards relating to any of the following:
   65         1. Employee monitoring and protection.
   66         2. Water consumption.
   67         3. Cooling measures.
   68         4. Acclimation and recovery periods or practices.
   69         5. Posting or distributing notices or materials that inform
   70  employees how to protect themselves from heat exposure.
   71         6. Implementation and maintenance of heat exposure programs
   72  or training.
   73         7. Appropriate first-aid measures or emergency responses
   74  related to heat exposure.
   75         8. Protections for employees who report that they have
   76  experienced excessive heat exposure.
   77         9. Reporting and recordkeeping requirements.
   78         (c) “Political subdivision” means a county, municipality,
   79  department, commission, district, board, or other public body,
   80  whether corporate or otherwise, created by or under state law.
   81         (2)(a) A political subdivision may not establish, mandate,
   82  or otherwise require an employer, including an employer
   83  contracting to provide goods or services to the political
   84  subdivision, to meet or provide heat exposure requirements not
   85  otherwise required under state or federal law.
   86         (b) A political subdivision may not give preference in a
   87  competitive solicitation to an employer based on the employer’s
   88  heat exposure requirements and may not consider or seek
   89  information relating to the employer’s heat exposure
   90  requirements.
   91         (3) This section does not limit the authority of a
   92  political subdivision to establish or otherwise provide heat
   93  exposure requirements not otherwise required under state or
   94  federal law for direct employees of the political subdivision.
   95         (4) This section does not apply if it is determined that
   96  compliance with this section will prevent the distribution of
   97  federal funds to a political subdivision or would otherwise be
   98  inconsistent with federal requirements pertaining to receiving
   99  federal funds, but only to the extent necessary to allow a
  100  political subdivision to receive federal funds or to eliminate
  101  inconsistency with federal requirements.
  102         Section 3. This act shall take effect July 1, 2024.