Senate Bill sb1902c1

    Florida Senate - 2002                           CS for SB 1902

    By the Committee on Commerce and Economic Opportunities; and
    Senator Peaden




    310-2006-02

  1                      A bill to be entitled

  2         An act relating to local government;

  3         prohibiting local governments from requiring

  4         employers to pay a minimum wage other than a

  5         federal minimum wage; providing exceptions;

  6         providing an effective date.

  7

  8         WHEREAS, promoting the economic growth and prosperity

  9  of its citizens is among the most important responsibilities

10  of the state, and

11         WHEREAS, this economic growth and prosperity depends

12  upon maintaining a stable business climate that will attract

13  new employers to the state and allow existing employers to

14  grow, and

15         WHEREAS, with regard to worker wages, federal minimum

16  wage provisions strike the necessary balance between the

17  interests of workers and their employers, and

18         WHEREAS, allowing each local government to establish

19  minimum wage levels in their individual jurisdictions higher

20  than those required by federal law would threaten to drive

21  businesses out of these communities and out of the state in

22  search of a more favorable and uniform business environment,

23  and

24         WHEREAS, higher minimum wage standards differing from

25  one locale to another would encourage residents to conduct

26  their business in jurisdictions where wage costs, and hence

27  prices, are lower, and

28         WHEREAS, such artificial constraints would disrupt

29  Florida's economy and threaten the public welfare, NOW,

30  THEREFORE,

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    Florida Senate - 2002                           CS for SB 1902
    310-2006-02




  1  Be It Enacted by the Legislature of the State of Florida:

  2

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

  4         (a)  "Federal minimum wage" means a minimum wage

  5  required under federal law, including the federal Fair Labor

  6  Standards Act of 1938, as amended, 29 U.S.C. ss. 201 et seq.

  7         (b)  "Minimum wage" means a minimum rate of

  8  compensation for employment.

  9         (c)  "Political subdivision" means a county,

10  municipality, department, commission, district, board, or

11  other public body, whether corporate or otherwise, created by

12  or under state law.

13         (2)  Except as otherwise provided in subsection (3), no

14  political subdivision may establish, mandate, or otherwise

15  require an employer to pay a minimum wage, other than a

16  federal minimum wage, or to apply a federal minimum wage to

17  wages exempt from such a federal minimum wage.

18         (3)  This section does not limit the authority of a

19  political subdivision to establish a minimum wage other than a

20  federal minimum wage:

21         (a)  For the employees of the political subdivision;

22         (b)  For the employees of an employer contracting to

23  provide goods or services for the political subdivision, or

24  for the employees of a subcontractor of such an employer,

25  under the terms of a contract with the political subdivision;

26  or

27         (c)  For the employees of an employer receiving a

28  direct tax abatement or subsidy from the political

29  subdivision, as a condition of the direct tax abatement or

30  subsidy.

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    Florida Senate - 2002                           CS for SB 1902
    310-2006-02




  1         Section 2.  This act shall take effect upon becoming a

  2  law.

  3

  4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  5                         Senate Bill 1902

  6

  7  The committee substitute defines the terms "federal minimum
    wage" and "minimum wage"; replaces specific references to the
  8  federal minimum wage and the term "wage" set forth in the
    federal Fair Labor Standards Act with general references to a
  9  federal minimum wage required under federal law, including the
    Fair Labor Standards Act; prohibits a political subdivision
10  from requiring employers to pay a minimum wage, other than a
    federal minimum wage, or to apply a federal minimum wage to
11  wages exempt from such a federal minimum wage; and clarifies
    that political subdivisions may establish a minimum wage under
12  contract with an employer providing goods or services to the
    political subdivision only for the employees of that employer
13  or for the employees of the employer's subcontractor.

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CODING: Words stricken are deletions; words underlined are additions.