Florida Statewide Rule
Florida Preempts Local Minimum Wage Ordinances
Key Facts
- Preemption statute
- FS 218.077
- Wage authority
- Fla. Const. Art. X, s. 24
- Statewide rate
- $15/hour on Sept. 30, 2026
- Exception
- A city's own employees and contractors
- Private living wages
- Barred
Summary
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.
(2)(a) Except as otherwise provided in subsection (3), a political subdivision may not establish, mandate, maintain, 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
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?
What is Florida's current minimum wage?
Can a county require living wages on county contracts?
Sources
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