May 3, 2024
By: Julie Zolty
With the 2024 Florida Legislative Session all wrapped up, there were a number of bills affecting employers proposed. Here’s a summary of where things stand:
Passed:
House Bill 49 – Employment of Minors. The bill will amend Section 450.081, Florida Statutes, to:
- Allow minors who are 15 and younger to work no more than 15 hours per week when school is in session and until 7:00 pm on school nights; and
- Permit minors who are 16 and 17 to work until 11:00 pm on school nights and up to 30 hours a week during school with waiver possibilities for weekly hour limits.
The bill also mandates breaks for minors working over four continuous hours and provides that minors 15 and younger cannot work more than six consecutive days in one week. The bill was introduced by Representative Linda Chaney; the House Local Administration, Federal Affairs and Special Districts Subcommittee; and the House Regulatory Reform and Economic Development Subcommittee and was signed into law by Governor Ron DeSantis on March 22, 2024. The legislation will take effect July 1, 2024.
House Bill 151 – Florida Retirement System. The bill will amend various sections of Chapter 121, Florida Statutes, to authorize certain terminated employees to be reemployed by an employer that participates in the state-administered retirement system. It also closes the Florida Retirement System Preservation of Benefits Plan to new members as of July 1, 2026. The bill was introduced by Representative Demi Busatta Cabrera and the House Appropriations Committee and was signed into law by the Governor on April 15, 2024. The legislation will take effect July 1, 2024.
House Bill 433 – Employment Regulations. The bill will amend Section 218.077, Florida Statutes, to preempt local governments from controlling the compensation or benefits of its vendors, contractors, or service providers, such that local governments can no longer require contractors to pay employees a wage higher than the state’s minimum. Put another way, the bill is going to ban local “living wage” ordinances and regulations enacted by local governments. The bill was introduced by Representative Tiffany Esposito, the House Commerce Committee, and the House Regulatory Reform and Economic Development Subcommittee and was signed into law by the Governor on April 11, 2024. This provision only affects contracts entered into by the local government after September 30, 2026.
Senate Bill 818 – Military Leave. The bill will amend Sections 115.09 and 115.14, Florida Statutes, to provide public employees with paid leave for the first 30 days of military service that is at least 90 consecutive days. The bill was introduced by Senator Bryan Avila and was signed into law by the Governor on March 22, 2024. The legislation will take effect July 1, 2024.
Died:
House Bill 11 – Invalid Restrictive Covenants with Physicians. This bill sought to amend Florida Statute 542.336 by invalidating restrictive covenants that prohibit a physician from practicing medicine after termination of their employment. This bill was introduced by Representative Joel Rudman and died in the House Healthcare Regulation Subcommittee.
House Bill 127/Senate Bill 128 – Paid Parental Leave. The bills sought to enact 12 weeks of fully paid parental leave for state employees who are the mother or father of a newborn or adopted child. These bills were introduced by Senator Lori Berman and Representatives Ashley Viola Gantt and Dotie Joseph, respectively, and died in committees.
House Bill 599/Senate Bill 1382 – Gender Identity Employment Practices. The bills sought to prevent state and local government employees from providing their pronouns to their employer if their pronouns do not match the employee’s gender assigned at birth. The bill also restricted a public employer’s ability to take an adverse employment action against an employee with sincerely held religious beliefs who disagreed with another employee’s gender ideology. These bills were introduced by Representative Ryan Chamberlin and Senator Jonathan Martin, respectively, and both died in subcommittees.
House Bill 643 – The CROWN Act – Prohibited Discrimination Based on Hairstyle in the Education System. The Creating a Respectful and Open World for Natural Hair Act (CROWN Act) sought to prohibit discrimination of both students and employees based on “protected hairstyles” and textures that are historically associated with race in the education system. This bill was introduced by Representative Fentrice Driskell and died in the House Education Quality Subcommittee.
Senate Bill 166 – Protections for Public Employers Who Use Medical Marijuana as Qualified Patients. The bill sought to prevent public employees from taking adverse employment actions against employees or job applicants who are qualified patients using medical marijuana, unless the employer could “establishes by a preponderance of the evidence that the lawful use of medical marijuana is impairing the employee’s ability to perform his or her job duties or responsibilities.” This bill was introduced by Senator Tina Scott Polsky and died in the Senate Health Policy Committee. Although this bill died shortly after being introduced, it is one to keep an eye out for next session with cannabis making an appearance on the ballot this fall.
Vetoed:
Only two bills have been vetoed by the Governor. House Bill 1 – Online Protections for Minors and House Bill 1377 – Public Records/Investigations by the Department of Legal Affairs. House Bill 1 was vetoed largely due to the Governor’s concerns over the lack of parental opt-in for children aged 14 and 15. Following the veto, the House and Senate reworked the bill and packaged it with House Bill 3 in the final week of session, which included a delayed effective date, parental opt-in for ages 14 and 15, and other minor changes. House Bill 3 passed and was signed into law by the Governor on March 25, 2024. While the bill is expected to be challenged in court, the current effective date is January 1, 2025.
Questions?
Contact GrayRobinson Attorney Julie Zolty or a member of the Labor and Employment or Government Affairs and Lobbying Sections.