PCS for HB 433 (2024): An Act Relating to Employment Regulations — Florida House of Representatives
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- Congressional materials
- Document type
- 2024 3236 Regulatory Reform Economic Development Subcommittee Proposed Committee Bills Pcb
Summary
PCS for HB 433, a 2024 bill draft of the Florida House of Representatives, an act relating to employment regulations, printed on 6 pages. Section 1 amends section 218.077, Florida Statutes, to bar political subdivisions from maintaining a minimum wage other than a state or federal minimum wage and from awarding contract preferences based on wages or employment benefits. Section 2 creates section 448.077, preempting regulation of the terms and conditions of employment to the state and declaring conflicting local ordinances void. Section 3 creates section 448.106, defining heat exposure requirements, preempting their regulation to the state, and requiring the Department of Commerce to adopt rules if the Occupational Safety and Health Administration has not done so by July 1, 2028. Section 4 sets an effective date of July 1, 2024.
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Cite this document
“PCS for HB 433 (2024): An Act Relating to Employment Regulations — Florida House of Representatives.”
Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-3236-regulatory-reform-economic-development-subcommittee-proposed-committee-bills-pcbs-fn-pcs-for-hb-433/
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 433 2024
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; providing applicability; creating s.
9 448.077, F.S.; preempting regulation of the terms and
10 conditions of employment to the state; declaring void
11 any ordinance, order, rule, or policy that violates
12 this prohibition; creating s. 448.106, F.S.; providing
13 definitions; preempting the regulation of heat
14 exposure requirements in the workplace to the state;
15 providing that certain local laws, ordinances,
16 resolutions, regulations, rules, codes, policies, and
17 amendments are void and prohibited; requiring the
18 Department of Commerce to adopt rules relating to
19 workplace heat exposure requirements if the
20 Occupational Safety and Health Administration has not
21 done so by a date certain; providing requirements for
22 such rules; prohibiting local governments from
23 mandating or imposing certain requirements or seeking
24 information from certain persons relating to certain
25 requirements; providing construction and
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PCS for HB 433 2024
26 applicability; providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Subsection (2) and paragraph (a) of subsection
31 (3) of section 218.077, Florida Statutes, are amended to read:
32 218.077 Wage and employment benefits requirements by
33 political subdivisions; restrictions.—
34 (2)(a) Except as otherwise provided in subsection (3), a
35 political subdivision may not establish, mandate, maintain, or
36 otherwise require an employer to pay a minimum wage, other than
37 a state or federal minimum wage, to apply a state or federal
38 minimum wage to wages exempt from a state or federal minimum
39 wage, or to provide employment benefits not otherwise required
40 by state or federal law.
41 (b) A political subdivision may not through its purchasing
42 or contracting procedures seek to control or affect the wages or
43 employment benefits provided by its vendors, contractors,
44 service providers, or other parties doing business with the
45 political subdivision. A political subdivision may not through
46 the use of evaluation factors, qualification of bidders, or
47 otherwise, award preferences on the basis of wages or employment
48 benefits provided by its vendors, contractors, service
49 providers, or other parties doing business with the political
50 subdivision.
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51 (3) This section does not:
52 (a) Limit the authority of a political subdivision to
53 establish a minimum wage other than a state or federal minimum
54 wage or to provide employment benefits not otherwise required
55 under state or federal law:
56 1. For the employees of the political subdivision; or
57 2. For the employees of an employer contracting to provide
58 goods or services for the political subdivision, or for the
59 employees of a subcontractor of such an employer, under the
60 terms of a contract with the political subdivision; or
61 2.3. For the employees of an employer receiving a direct
62 tax abatement or subsidy from the political subdivision, as a
63 condition of the direct tax abatement or subsidy.
64 Section 2. Section 448.077, Florida Statutes, is created
65 to read:
66 448.077 Regulation of labor preempted to state.—
67 The regulation of the terms and conditions of employment is
68 expressly preempted to the state. Unless expressly authorized by
69 special or general law, a county, municipality, special
70 district, or political subdivision of the state may not adopt or
71 enforce an ordinance, order, rule, or policy providing any term
72 or condition of employment that exceeds or conflicts with the
73 requirements of federal or state law relating to any term or
74 condition of employment. An ordinance, order, rule, or policy
75 that violates this section is void and unenforceable.
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76 Section 3. Section 448.106, Florida Statutes, is created
77 to read:
78 448.106 Workplace heat exposure requirements; preemption;
79 rulemaking.—
80 (1) As used in this section, the term:
81 (a) "Contractor" means an employer contracting with, or
82 seeking to contract with, a local government to provide goods or
83 services to, for the benefit of, or on behalf of the local
84 government.
85 (b) "Employee" means a natural person, including a self -
86 employed person, who receives any type of compensation or
87 remuneration for providing services to an employer.
88 (c) "Employer" means a person who hires or contracts for
89 the services of employees.
90 (d) "Heat exposure requirement" means a standard mandated
91 or otherwise imposed on employers, employees, contractors, or
92 subcontractors to control an employee's exposure to heat or sun,
93 or to otherwise address or moderate the effects of such
94 exposure. The term includes, but is not limited to, standards
95 relating to all of the following:
96 1. Employee monitoring and protection.
97 2. Water consumption.
98 3. Cooling measures.
99 4. Acclimatization and recovery periods or practices.
100 5. Posting or distributing notices or materials relating
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101 to heat exposure which inform employees how to protect
102 themselves from such exposure.
103 6. Implementation and maintenance of heat exposure
104 programs or training.
105 7. Appropriate first-aid measures or emergency responses
106 related to heat exposure.
107 8. Protections for employees who report that they have
108 experienced excessive heat exposure.
109 9. Reporting and recordkeeping requirements.
110 (e) "Local government" means a county, municipality,
111 department, commission, district, board, or other public body,
112 whether corporate or otherwise, created by or under state law.
113 (f) "Subcontractor" has the same meaning as in s.
114 448.095(1).
115 (2)(a) The regulation of workplace heat exposure
116 requirements is preempted to the state. Any local law,
117 ordinance, resolution, regulation, rule, code, policy, or
118 charter amendment adopted before, on, or after the effective
119 date of this act which conflicts with this section is void and
120 prohibited.
121 (b) If the Occupational Safety and Health Administration
122 has not adopted by rule requirements regulating workplace heat
123 exposure by July 1, 2028, the Department of Commerce must adopt
124 by rule statewide workplace heat exposure requirements. Such
125 rules must be consistent with the standards of the Occupational
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126 Safety and Health Administration in effect at the time the
127 Department of Commerce adopts its rules, and modified as
128 necessary to reflect workplace heat exposure considerations
129 specific to this state. The Legislature must ratify such rules
130 before they take effect.
131 (3) Except as otherwise provided in this section, a local
132 government may not:
133 (a) Mandate or otherwise impose heat exposure requirements
134 on an employer, an employee, a contractor, or a subcontractor.
135 (b) Consider or seek information relating to a
136 contractor's or subcontractor's heat exposure requirements in
137 any procurement for goods or services.
138 (4) This section does not limit the authority of a local
139 government to mandate or impose workplace heat exposure
140 requirements for the employees of the local government.
141 (5) This section does not apply if it is determined that
142 compliance with this section will prevent the distribution of
143 federal funds to a local government or would otherwise be
144 inconsistent with federal requirements pertaining to receiving
145 federal funds, but only to the extent necessary to allow a local
146 government to receive federal funds or to eliminate the
147 inconsistency with federal requirements.
148 Section 4. This act shall take effect July 1, 2024.
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