218.077 Minimum wage requirements by political subdivisions; restrictions. - Florida Statutes

218.077 Minimum wage requirements by political subdivisions; restrictions.

   (1) As used in this section, the term:

   (a) “Employee” means any natural person who is entitled under federal law to receive a federal minimum wage.

   (b) “Employer” means any person who is required under federal law to pay a federal minimum wage to the person’s employees.

   (c) “Employer contracting to provide goods or services for the political subdivision” means a person contracting with the political subdivision to provide goods or services to, for the benefit of, or on behalf of, the political subdivision in exchange for valuable consideration, and includes a person leasing or subleasing real property owned by the political subdivision.

   (d) “Federal minimum wage” means a minimum wage required under federal law, including the federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. ss. 201 et seq.

   (e) “Political subdivision” means a county, municipality, department, commission, district, board, or other public body, whether corporate or otherwise, created by or under state law.

   (f) “Wage” means that compensation for employment to which any federal minimum wage applies.

   (2) Except as otherwise provided in subsection (3), a political subdivision may not establish, mandate, or otherwise require an employer to pay a minimum wage, other than a federal minimum wage, or to apply a federal minimum wage to wages exempt from a federal minimum wage.

   (3) This section does not limit the authority of a political subdivision to establish a minimum wage other than a federal minimum wage:

   (a) For the employees of the political subdivision;

   (b) For the employees of an employer contracting to provide goods or services for the political subdivision, or for the employees of a subcontractor of such an employer, under the terms of a contract with the political subdivision; or

   (c) For the employees of an employer receiving a direct tax abatement or subsidy from the political subdivision, as a condition of the direct tax abatement or subsidy.

   (4) If it is determined by the officer or agency responsible for distributing federal funds to a political subdivision that compliance with this act would prevent receipt of those federal funds, or would otherwise be inconsistent with federal requirements pertaining to such funds, then this act shall not apply, but only to the extent necessary to allow receipt of the federal funds or to eliminate the inconsistency with such federal requirements.

History. s. 1, ch. 2003-87.