Tampa, FL Employment Preemption: Minimum Wage Preemption (2026)
Key Facts
- 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
Summary
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.
218.077 Wage and employment benefits requirements by political subdivisions; restrictions. — [...] (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. (3) This section does not: (a) Limit the authority of a political subdivision to establish a minimum wage other than a state or federal minimum wage or to provide employment benefits not otherwise required under state or federal law: 1. For the employees of the political subdivision; 2. For the employees of an employer contracting to provide goods or services for the political subdivision, or for the employees of a subcontractor of such an employer, under the terms of a contract with the political subdivision; or 3. For the employees of an employer receiving a direct tax abatement or subsidy from the political subdivision, as a condition of the direct tax abatement or subsidy.
Full Breakdown
Fla. Stat. § 218.077 prohibits cities and counties from adopting private-employer wage requirements above the state minimum, with narrow carve-outs for the subdivision's own employees, direct contract employers, and direct tax-abatement recipients. The Florida state minimum wage is set by Art. X, § 24 of the Florida Constitution: $14.00/hour effective 9/30/2025, $15.00/hour effective 9/30/2026, then CPI-indexed annually each September 30 (Amendment 2, 2020). The City of Tampa pays its own employees a higher living wage under Tampa Code Ch. 22 (Procurement Wage Theft Ordinance / Living Wage Resolution), but does not extend the floor to private employers. The Florida Attorney General enforces state wage law; U.S. DOL enforces federal FLSA.
Violations & Fines
Florida wage-claim remedies under Fla. Stat. § 448.110 include unpaid wages, equal liquidated damages, attorney's fees, and costs after 15-day pre-suit notice. Civil penalties up to $1,000 per violation may be assessed by the Attorney General. Federal FLSA back-pay and liquidated-damages remedies (29 U.S.C. § 216(b)) apply in parallel for $7.25 violations.
Frequently Asked Questions
Is Tampa's minimum wage higher than Florida's $14/hour?
Can Tampa adopt a $15 or $18 minimum wage?
When does Florida reach $15/hour?
Sources & Official References
Other rules in Tampa
Florida rules heatmap·Compare Tampa to another location·View the Florida employment preemption overview
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