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PCS for HB 917, Wage and Employment Benefits — Commerce Committee (2023)

Summary

PCS for HB 917 (2023) in the Commerce Committee, a bill to be entitled an act relating to wage and employment benefits. The bill amends section 218.077 to prohibit political subdivisions from controlling, affecting, or awarding preferences related to the wages or employment benefits of entities contracting with the political subdivision. It amends section 448.110 to provide that the state minimum wage applies only to individuals who are entitled to receive the federal minimum wage under the federal Fair Labor Standards Act, as amended. Section 3 states that the amendments to section 448.110 are intended to clarify existing law, and Section 4 provides that the act takes effect upon becoming a law.

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“PCS for HB 917, Wage and Employment Benefits — Commerce Committee (2023).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-3220-commerce-committee-proposed-committee-bills-pcbs-fn-pcs-for-9ad391e16d/, SHA-256 8c0f3e7ac72e5f1796f7c3ccf886465ba092e50819ce0e6fe15b7c0788402584.

Full text

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           PCS for HB 917                                                                                       2023




    1                                          A bill to be entitled
    2              An act relating to wage and employment benefits;
    3              amending s. 218.077, F.S.; prohibiting political
    4              subdivisions from controlling, affecting, or awarding
    5              preferences, related to wages or employment benefits
    6              of entities contracting with the political
    7              subdivision; amending s. 448.110, F.S.; providing that
    8              the state minimum wage only applies to individuals who
    9              are entitled to receive the federal minimum wage under
10                 the federal Fair Labor Standards Act, as amended;
11                 providing applicability; providing an effective date.
12
13         Be It Enacted by the Legislature of the State of Florida:
14
15                 Section 1.          Subsection (2) and paragraph (a) of subsection
16         (3) of section 218.077, Florida Statutes, are amended to read:
17                 218.077         Wage and employment benefits requirements by
18         political subdivisions; restrictions.—
19                 (2)          Except as otherwise provided in subsection (3), a
20         political subdivision may not establish, mandate, maintain, or
21         otherwise require an employer to pay a minimum wage, other than
22         a state or federal minimum wage, to apply a state or federal
23         minimum wage to wages exempt from a state or federal minimum
24         wage, or to provide employment benefits not otherwise required
25         by state or federal law. No political subdivision may through

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                                                                                                        PCS for HB 917
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        PCS for HB 917                                                                                       2023




26      its purchasing or contracting procedures seek to control or
27      affect the wages or employment benefits provided by its vendors,
28      contractors, service providers, or other parties doing business
29      with the political subdivision. A political subdivision shall
30      not through the use of evaluation factors, qualification of
31      bidders, or otherwise award preferences on the basis of wages or
32      employment benefits provided by its vendors, contractors,
33      service providers, or other parties doing business with the
34      political subdivision.
35              (3)          This section does not:
36              (a)          Limit the authority of a political subdivision to
37      establish a minimum wage other than a state or federal minimum
38      wage or to provide employment benefits not otherwise required
39      under state or federal law:
40              1.       For the employees of the political subdivision; or
41              2.       For the employees of an employer contracting to provide
42      goods or services for the political subdivision, or for the
43      employees of a subcontractor of such an employer, under the
44      terms of a contract with the political subdivision; or
45              3.       For the employees of an employer receiving a direct tax
46      abatement or subsidy from the political subdivision, as a
47      condition of the direct tax abatement or subsidy.
48              Section 2.          Subsection (3) of section 448.110, Florida
49      Statutes, is amended to read:
50              448.110         State minimum wage; annual wage adjustment;

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        PCS for HB 917                                                                                       2023




51      enforcement.—
52              (3)          Effective May 2, 2005, Employers shall pay employees a
53      minimum wage at an hourly rate of $6.15 for all hours worked in
54      Florida. Only those individuals entitled to receive the federal
55      minimum wage under the federal Fair Labor Standards Act , as
56      amended, and its implementing regulations shall be eligible to
57      receive the state minimum wage pursuant to s. 24, Art. X of the
58      State Constitution and this section. The provisions of ss. 213
59      and 214 of the federal Fair Labor Standards Act, as interpreted
60      by applicable federal regulations and implemented by the
61      Secretary of Labor, are incorporated herein.
62              Section 3.          The amendments to s. 448.110, Florida Statutes,
63      in this act are intended to clarify existing law.
64              Section 4.          This act shall take effect upon becoming a law.




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