Florida Minimum Wage Preemption Law: Statewide Employment Preemption Rules (2026)

Full Breakdown

Section 218.077, Florida Statutes, prohibits political subdivisions from establishing, mandating, or otherwise requiring an employer to pay a minimum wage other than the state or federal minimum wage. A narrow exception allows a political subdivision to set wages for its own direct employees or for contractors performing work directly for that subdivision. The statewide minimum wage is set by Article X, Section 24 of the Florida Constitution and is rising annually toward $15 per hour by September 30, 2026. Cities cannot impose broader living-wage requirements on private-sector employers within their jurisdictions.

Violations & Penalties

Local minimum wage ordinances applied to private employers are unenforceable; affected employers may seek declaratory and injunctive relief.

Frequently Asked Questions

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.

Florida Preempts Local Minimum Wage Ordinances

Full Breakdown

Violations & Penalties

Frequently Asked Questions

Sources

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