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💼 Employment Preemption/Minimum Wage Preemption

Minimum Wage Preemption: Brandon vs Tampa

How do minimum wage preemption rules compare between Brandon, FL and Tampa, FL?

Brandon has fewer restrictions than Tampa.

Brandon, FL

Hillsborough County

Few Restrictions

Florida Statute 218.077 prohibits local governments from establishing a minimum wage other than the state or federal rate, preempting city and county living-wage ordinances except for direct local government employees.

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Tampa, FL

Hillsborough County

Heavy Restrictions

Tampa cannot set a private-employer minimum wage. Fla. Stat. § 218.077 preempts municipal wage ordinances. The Florida Constitution Art. X, § 24 sets the state floor at $14.00/hour (effective 9/30/2025), rising to $15.00 on 9/30/2026. Tipped wage: $10.98/hour cash + tips.

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Key Facts Comparison

FactBrandonTampa
--
State Minimum Wage-$14.00/hr → $15.00 on 9/30/2026
Tipped Wage-$10.98/hr cash + tips
Preemption Statute-Fla. Stat. § 218.077
Constitutional Floor-Fla. Const. Art. X, § 24
Local Private Wage-Not allowed

Highlighted rows indicate differences between cities.

Brandon FAQ

Can a Florida city raise the minimum wage above state law?

No, except for the city's own employees or its direct contractors. Private-sector minimum wages are preempted under FS 218.077.

What is Florida's current minimum wage?

The state minimum wage rises annually under the Florida Constitution and reaches $15 per hour on September 30, 2026.

Can a county require living wages on county contracts?

Yes. The statute allows political subdivisions to set wages for their direct employees and contractors performing work for the subdivision.

Tampa FAQ

Is Tampa's minimum wage higher than Florida's $14/hour?

No. Tampa follows the state floor. Fla. Stat. § 218.077 preempts the City from setting a higher rate for private employers. The state floor is $14.00 today and $15.00 on 9/30/2026.

Can Tampa adopt a $15 or $18 minimum wage?

Not for private employers. The City may set its own employee wages and require higher pay from direct City contractors, but cannot extend the rate to private businesses.

When does Florida reach $15/hour?

September 30, 2026, then CPI-indexed annually. This is set by Florida Constitution Art. X, § 24, as amended by 2020 Amendment 2.

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