Florida Senate - 2025                       CS for CS for SB 676
       
       
        
       By the Committees on Governmental Oversight and Accountability;
       and Commerce and Tourism; and Senator Martin
       
       
       
       
       585-02831-25                                           2025676c2
    1                        A bill to be entitled                      
    2         An act relating to minimum wage requirements; amending
    3         s. 448.110, F.S.; providing an exception to the
    4         requirement that an employee be paid the state minimum
    5         wage; providing that an employer is not subject to
    6         certain minimum wage requirements for specified
    7         employees; authorizing employees to opt out of the
    8         minimum wage requirements in a specified manner;
    9         requiring that the parent or guardian of an employee
   10         who is younger than 18 years of age sign such waiver
   11         on behalf of the employee; providing severability;
   12         providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (3) of section 448.110, Florida
   17  Statutes, is amended to read:
   18         448.110 State minimum wage; annual wage adjustment;
   19  enforcement.—
   20         (3)(a) Employers shall pay employees a minimum wage at an
   21  hourly rate of $6.15 for all hours worked in Florida. Only those
   22  individuals entitled to receive the federal minimum wage under
   23  the federal Fair Labor Standards Act, as amended, and its
   24  implementing regulations shall be eligible to receive the state
   25  minimum wage pursuant to s. 24, Art. X of the State Constitution
   26  and this section. The provisions of ss. 213 and 214 of the
   27  federal Fair Labor Standards Act, as interpreted by applicable
   28  federal regulations and implemented by the Secretary of Labor,
   29  are incorporated herein, except the Fair Labor Standards Act and
   30  any regulations or interpretations regarding an employee’s
   31  voluntary waiver of his or her right to receive the state
   32  minimum wage do not apply.
   33         (b) An employer is not subject to the minimum wage
   34  requirements of this section for an employee who is in a
   35  structured work-study, internship, preapprenticeship, or
   36  apprenticeship program or other similar work-based learning
   37  opportunity and such employee opts out of receiving the minimum
   38  wage.
   39         (c) An employee may opt out of receiving the minimum wage
   40  by signing a waiver of his or her right to the minimum wage
   41  established under this section. The waiver must state that the
   42  employee acknowledges his or her right to the state minimum wage
   43  pursuant to s. 24, Art. X of the State Constitution and this
   44  section and that he or she is knowingly and voluntarily choosing
   45  to receive a lesser amount for his or her work-based learning
   46  opportunity as described in paragraph (b). If the employee is
   47  younger than 18 years of age, the employee’s parent or guardian
   48  must sign the waiver on behalf of the employee.
   49         (d) If any provision of this section or its application to
   50  any person or circumstance is held invalid, that provision or
   51  its application is severable and does not affect the validity of
   52  other provisions or applications of this section.
   53         Section 2. This act shall take effect July 1, 2025.