Jacksonville, FL Employment Preemption: Minimum Wage Preemption (2026)
Key Facts
- State Minimum Wage
- $14.00/hr (rises to $15.00 on 9/30/2026)
- Tipped Wage
- $10.98/hr (state - $3.02 credit)
- Preemption Statute
- Fla. Stat. § 218.077
- Constitutional Source
- Fla. Const. Art. X, § 24
- Local Higher Wage
- Not allowed for private employers
Summary
Jacksonville cannot set its own minimum wage. Fla. Stat. § 218.077 preempts political subdivisions from establishing private-employer wage requirements above the state minimum. The Florida Constitution Art. X, § 24 (Amendment 2, 2020) sets the state minimum wage at $14.00/hour as of September 30, 2025, rising to $15.00/hour on September 30, 2026. Tipped employees: $10.98/hour cash wage (2025-26).
218.077  Wage and employment benefits requirements by political subdivisions; restrictions. — (1)  As used in this section, the term: (a)  “Employee” means any natural person who is entitled under state or federal law to receive a state or federal minimum wage. (b)  “Employer” means any person who is required under state or federal law to pay a state or federal minimum wage to the person’s employees. (c)  “Employer contracting to provide goods or services for the political subdivision” means a person contracting with the political subdivision to provide goods or services to, for the benefit of, or on behalf of, the political subdivision in exchange for valuable consideration, and includes a person leasing or subleasing real property owned by the political subdivision. (d)  “Employment benefits” means anything of value that an employee may receive from an employer in addition to wages and salary. The term includes, but is not limited to, health benefits; disability benefits; death benefits; group accidental death and dismemberment benefits; paid or unpaid days off for holidays, sick leave, vacation, and personal necessity; retirement benefits; and profit-sharing benefits. (e)  “Federal minimum wage” means a minimum wage required under federal law, including the federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. ss. 201 et seq. (f)  “Political subdivision” means a county, municipality, department, commission, district, board, or other public body, whether corporate or otherwise, created by or under state law. (2)  Except as otherwise provided in subsection (3), a political subdivision may not establish, mandate, or otherwise require an employer to pay a minimum wage, other than a state or federal minimum wage, to apply a state or federal minimum wage to wages exempt from a state or federal minimum wage, or to provide employment benefits not otherwise required by state or federal law.
Full Breakdown
Florida Statute § 218.077 generally prohibits any political subdivision from adopting a private-employer minimum wage above the state level, with narrow exceptions for the subdivision's own employees, direct contract employers, and recipients of direct tax abatements or subsidies (Fla. Stat. § 218.077(3)). The state minimum wage is set by Article X, § 24 of the Florida Constitution, which was amended by 2020's Amendment 2 to phase in $15/hour by 2026: $14.00 effective 9/30/2025, $15.00 effective 9/30/2026, then annually CPI-indexed. The tipped rate is the state minimum minus a $3.02 tip credit (currently $10.98). Jacksonville (Consolidated Duval County) has not adopted a local minimum wage ordinance, and could not enforce one against private employers if it did. The Florida Department of Economic Opportunity (now FloridaCommerce) administers state wage enforcement.
Violations & Fines
Florida minimum wage violations are enforced under Fla. Stat. § 448.110, allowing employees to sue for unpaid wages, plus equal liquidated damages, attorney's fees, and costs. A 15-day pre-suit notice is required. Federal FLSA remedies apply in parallel for $7.25 violations. Civil penalties up to $1,000 per violation may be assessed by the Attorney General.
Frequently Asked Questions
Is the minimum wage higher in Jacksonville than the rest of Florida?
Can Jacksonville pass a $20 minimum wage?
When does Florida hit $15/hour?
Sources & Official References
Other rules in Jacksonville
Florida rules heatmap·Compare Jacksonville to another location·View the Florida employment preemption overview
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