THE BILL ITSELF
SB 1412
Minimum Wage Requirements
Florida Senate - 2026 SB 1412 By Senator Martin 33-00113A-26 20261412__
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A bill to be entitled
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An act relating to minimum wage requirements;
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providing a short title; amending s. 448.110, F.S.;
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exempting an employer from state minimum wage
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requirements for specified employees; prohibiting
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certain work-based learning opportunities from lasting
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longer than a specified timeframe; authorizing
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employees to voluntarily opt out of the state minimum
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wage requirements by signing a waiver; prohibiting an
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employer from coercing an employee into opting out of
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the state minimum wage; providing requirements for the
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waiver to be effective for a minor employee; requiring
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employers to pay an employee at or above the federal
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minimum wage; providing that an employee’s waiver to
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opt out of the state minimum wage is only valid for a
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specified timeframe; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. This act may be cited as the “On-the-Job
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Workforce Training Act.”
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Section 2. Subsection (3) of section 448.110, Florida
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Statutes, is amended to read:
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448.110 State minimum wage; annual wage adjustment;
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enforcement.—
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(3) (a) Employers shall pay employees a minimum wage at an
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hourly rate of $6.15 for all hours worked in Florida. Only those
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individuals entitled to receive the federal minimum wage under
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the federal Fair Labor Standards Act, as amended, and its
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implementing regulations shall be eligible to receive the state
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minimum wage pursuant to s. 24, Art. X of the State Constitution
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and this section. The provisions of ss. 213 and 214 of the
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federal Fair Labor Standards Act, as interpreted by applicable
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federal regulations and implemented by the Secretary of Labor,
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are incorporated herein.
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(b) An employer is not subject to the state minimum wage
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requirements of this section for an employee who is in a
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structured work-study program, internship, preapprenticeship
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program, or other similar work-based learning opportunity and
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who opts out of receiving the minimum wage. However, such work
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based learning opportunity may not last longer than 9 months or
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two full-time semesters consisting of at least 15 credit hours
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each.
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(c) An employee may opt out of receiving the state minimum
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wage by voluntarily signing a waiver of his or her right to the
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state minimum wage established under this subsection. The waiver
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must state that the employee acknowledges his or her right to
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the state minimum wage pursuant to s. 24, Art. X of the State
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Constitution and this section and that the employee is knowingly
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and voluntarily choosing to receive a lesser amount for his or
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her work-based learning opportunity as described in paragraph
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(b). An employer may not coerce an employee to opt out of
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receiving the state minimum wage. If the employee is younger
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than 18 years of age, in order for the waiver to be effective,
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the employee’s parent or guardian must have agreed and signed
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the waiver on behalf of the minor employee at the minor
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employee’s request.
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(d) Except as provided in paragraphs (b) and (c), an
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employer must pay an employee a wage at or above the federal
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minimum wage.
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(e) An employee’s waiver to opt out of the state minimum
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wage under this subsection is only valid for 9 months after the
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date his or her employment with the employer begins. Thereafter,
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the employee must be paid at or above the state minimum wage
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regardless of his or her position or job title with the
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employer.
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Section 3. This act shall take effect July 1, 2026.