Florida Senate - 2024 SB 1492 By Senator Trumbull 2-01189A-24 20241492__ 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; revising applicability; creating s. 9 448.106, F.S.; defining terms; prohibiting a political 10 subdivision from requiring employers to meet or 11 provide heat exposure requirements beyond those 12 required by law; prohibiting a political subdivision 13 from giving preference to or considering or seeking 14 information from an employer in a competitive 15 solicitation based on or relating to an employer’s 16 heat exposure requirements; providing construction; 17 providing applicability; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Subsection (2) and paragraph (a) of subsection 22 (3) of section 218.077, Florida Statutes, are amended to read: 23 218.077 Wage and employment benefits requirements by 24 political subdivisions; restrictions.— 25 (2)(a) Except as otherwise provided in subsection (3), a 26 political subdivision may not establish, mandate, maintain, or 27 otherwise require an employer to pay a minimum wage, other than 28 a state or federal minimum wage, to apply a state or federal 29 minimum wage to wages exempt from a state or federal minimum 30 wage, or to provide employment benefits not otherwise required 31 by state or federal law. 32 (b) A political subdivision may not, through its purchasing 33 or contracting procedures, seek to control or affect the wages 34 or employment benefits provided by its vendors, contractors, 35 service providers, or other parties doing business with the 36 political subdivision. A political subdivision may not, through 37 the use of evaluation factors, qualification of bidders, or 38 otherwise, award preferences on the basis of wages or employment 39 benefits provided by its vendors, contractors, service 40 providers, or other parties doing business with the political 41 subdivision. 42 (3) This section does not: 43 (a) Limit the authority of a political subdivision to 44 establish a minimum wage other than a state or federal minimum 45 wage or to provide employment benefits not otherwise required 46 under state or federal law: 47 1. For the employees of the political subdivision; or 48 2.For the employees of an employer contracting to provide49goods or services for the political subdivision, or for the50employees of a subcontractor of such an employer, under the51terms of a contract with the political subdivision; or523.For the employees of an employer receiving a direct tax 53 abatement or subsidy from the political subdivision, as a 54 condition of the direct tax abatement or subsidy. 55 Section 2. Section 448.106, Florida Statutes is created to 56 read: 57 448.106 Workplace heat exposure requirements.— 58 (1) As used in this section, the term: 59 (a) “Competitive solicitation” means an invitation to bid, 60 a request for proposals, or an invitation to negotiate. 61 (b) “Heat exposure requirement” means a standard to control 62 an employee’s exposure to heat or sun, or to otherwise address 63 or moderate the effects of such exposure. The term includes, but 64 is not limited to, standards relating to any of the following: 65 1. Employee monitoring and protection. 66 2. Water consumption. 67 3. Cooling measures. 68 4. Acclimation and recovery periods or practices. 69 5. Posting or distributing notices or materials that inform 70 employees how to protect themselves from heat exposure. 71 6. Implementation and maintenance of heat exposure programs 72 or training. 73 7. Appropriate first-aid measures or emergency responses 74 related to heat exposure. 75 8. Protections for employees who report that they have 76 experienced excessive heat exposure. 77 9. Reporting and recordkeeping requirements. 78 (c) “Political subdivision” means a county, municipality, 79 department, commission, district, board, or other public body, 80 whether corporate or otherwise, created by or under state law. 81 (2)(a) A political subdivision may not establish, mandate, 82 or otherwise require an employer, including an employer 83 contracting to provide goods or services to the political 84 subdivision, to meet or provide heat exposure requirements not 85 otherwise required under state or federal law. 86 (b) A political subdivision may not give preference in a 87 competitive solicitation to an employer based on the employer’s 88 heat exposure requirements and may not consider or seek 89 information relating to the employer’s heat exposure 90 requirements. 91 (3) This section does not limit the authority of a 92 political subdivision to establish or otherwise provide heat 93 exposure requirements not otherwise required under state or 94 federal law for direct employees of the political subdivision. 95 (4) This section does not apply if it is determined that 96 compliance with this section will prevent the distribution of 97 federal funds to a political subdivision or would otherwise be 98 inconsistent with federal requirements pertaining to receiving 99 federal funds, but only to the extent necessary to allow a 100 political subdivision to receive federal funds or to eliminate 101 inconsistency with federal requirements. 102 Section 3. This act shall take effect July 1, 2024.