Text of FL H 847 (2019)

HB 847 2019 CODING: Words stricken are deletions; words underlined are additions. hb0847-00 Page 1 of 5 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 A bill to be entitled 1 An act relating to preemption of conditions of 2 employment; amending s. 218.077, F.S.; defining 3 "condition of employment"; revising definitions; 4 preempting to the state the right to regulate the 5 conditions of employment by an employer; conforming 6 provisions to changes made by the act; voiding certain 7 ordinances, regulations, or policies that are 8 preempted by the act; providing an effective date. 9 10 WHEREAS, the needs and expectations of job applicants and 11 employees must be appropriately balanced against the needs and 12 expectations of employers, who operate businesses that must 13 respond to the demands of a dynamic and rapidly changing economy 14 at the local, state, national, and international levels, and 15 WHEREAS, promoting the economic growth and prosperity of 16 Florida citizens is an important objective of state government, 17 and this economic growth and prosperity depends upon maintaining 18 a stable business climate that will attract new employers to the 19 state and allow existing employers to expand, and 20 WHEREAS, a local government should insert itself into the 21 relationship between employer and employee only where a need for 22 regulation has been clearly demonstrated, and 23 WHEREAS, allowing a local government to impose its 24 individual requirements on the employment relationship could 25 HB 847 2019 CODING: Words stricken are deletions; words underlined are additions. hb0847-00 Page 2 of 5 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 reasonably be expected to drive businesses out of those 26 communities and out of the state in search of a more consistent 27 and predictable operating environment, thus disrupting Florida's 28 economy and threatening the public welfare, and 29 WHEREAS, in light of these negative impacts, federal and 30 state governments must be relied upon to adopt uniform 31 regulations governing the employment relationship that strike an 32 appropriate balance between the needs and expectations of 33 employees and employers, NOW, THEREFORE, 34 35 Be It Enacted by the Legislature of the State of Florida: 36 37 Section 1. Section 218.077, Florida Statutes, is amended 38 to read: 39 218.077 Wage and conditions of employment benefits 40 requirements by political subdivisions; restrictions.— 41 (1) As used in this section, the term: 42 (a) "Condition of employment" means those terms that form 43 the basis of a relationship between an employer and a 44 prospective or actual employee, including preemployment 45 screenings; job classification determinations; job 46 responsibilities; hours of work; schedules and schedule changes; 47 wages; payment of wages; leave; paid or unpaid days off for 48 holidays, illness, vacation, and personal necessity; and 49 employee benefits such as retirement, profit-sharing, health, 50 HB 847 2019 CODING: Words stricken are deletions; words underlined are additions. hb0847-00 Page 3 of 5 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 disability, death, and insurance benefits. 51 (b)(a) "Employee" means any natural person who is employed 52 by an employer entitled under state or federal law to receive a 53 state or federal minimum wage. 54 (c)(b) "Employer" means any person who engages in any 55 activity, enterprise, or business and employs at least one 56 employee is required under state or federal law to pay a state 57 or federal minimum wage to the person's employees. 58 (d)(c) "Employer contracting to provide goods or services 59 for the political subdivision" means a person contracting with 60 the political subdivision to provide goods or services to, for 61 the benefit of, or on behalf of, the political subdivision in 62 exchange for valuable consideration, and includes a person 63 leasing or subleasing real property owned by the political 64 subdivision. 65 (d) "Employment benefits" means anything of value that an 66 employee may receive from an employer in addition to wages and 67 salary. The term includes, but is not limited to, health 68 benefits; disability benefits; death benefits; group accidental 69 death and dismemberment benefits; paid or unpaid days off for 70 holidays, sick leave, vacation, and personal necessity; 71 retirement benefits; and profit-sharing benefits. 72 (e) "Federal minimum wage" means a minimum wage required 73 under federal law, including the federal Fair Labor Standards 74 Act of 1938, as amended, 29 U.S.C. ss. 201 et seq. 75 HB 847 2019 CODING: Words stricken are deletions; words underlined are additions. hb0847-00 Page 4 of 5 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 (f) "Political subdivision" means a county, municipality, 76 department, commission, district, board, or other public body, 77 whether corporate or otherwise, created by or under state law. 78 (g) "Wage" means that compensation for employment to which 79 any state or federal minimum wage applies. 80 (2) Except as otherwise provided in subsection (3), a 81 political subdivision may not establish, mandate, or otherwise 82 require an employer to pay a minimum wage, other than a state or 83 federal minimum wage, to apply a state or federal minimum wage 84 to wages exempt from a state or federal minimum wage, or to 85 offer a condition of employment that is provide employment 86 benefits not otherwise required by state or federal law. The 87 regulation of conditions of employment is expressly preempted to 88 the state. 89 (3) This section does not: 90 (a) Limit the authority of a political subdivision to 91 establish a minimum wage other than a state or federal minimum 92 wage or to require a condition of employment provide employment 93 benefits not otherwise required under state or federal law: 94 1. For the employees of the political subdivision; 95 2. For the employees of an employer contracting to provide 96 goods or services for the political subdivision, or for the 97 employees of a subcontractor of such an employer, under the 98 terms of a contract with the political subdivision; or 99 3. For the employees of an employer receiving a direct tax 100 HB 847 2019 CODING: Words stricken are deletions; words underlined are additions. hb0847-00 Page 5 of 5 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 abatement or subsidy from the political subdivision, as a 101 condition of the direct tax abatement or subsidy. 102 (b) Apply to a domestic violence or sexual abuse 103 ordinance, order, rule, or policy adopted by a political 104 subdivision. 105 (4) If it is determined by the officer or agency 106 responsible for distributing federal funds to a political 107 subdivision that compliance with this act would prevent receipt 108 of those federal funds, or would otherwise be inconsistent with 109 federal requirements pertaining to such funds, then this act 110 does not apply, but only to the extent necessary to allow 111 receipt of the federal funds or to eliminate the inconsistency 112 with such federal requirements. 113 (5) This section does not prohibit a federally authorized 114 and recognized tribal government from establishing conditions of 115 employment for any requiring employment benefits for a person 116 employed within a territory over which the tribe has 117 jurisdiction. 118 Section 2. Any political subdivision with an existing 119 ordinance, regulation, or policy that is preempted by this act 120 is void. 121 Section 3. This act shall take effect upon becoming a law. 122