Florida Senate - 2026 SB By Senator Martin 33-00113A-26 20261412__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled

An act relating to minimum wage requirements; 2 providing a

short title; amending s. 448.110, F.S.; 3 exempting an employer from state minimum wage requirements for specified employees; prohibiting certain work-based learning opportunities from lasting longer than a specified timeframe; authorizing employees to voluntarily opt out of the state minimum wage requirements by signing a waiver; prohibiting an employer from coercing an employee into opting out of the state minimum wage; providing requirements for the waiver to be effective for a minor employee; requiring employers to pay an employee at or above the federal minimum wage; providing that an employee’s waiver to opt out of the state minimum wage is only valid for a specified timeframe; providing an effective date. 16

Be It Enacted by the Legislature of the State of Florida: 18

Section 1. This act may be cited as the “On-the-Job Workforce Training Act.” 21

Section 2. Subsection (3) of

section 448.110, Florida Statutes, is amended to read: 23 448.110 State minimum wage; annual wage adjustment; 24 enforcement.— 25 (3)(

a) Employers shall pay employees a minimum wage at an hourly rate of $6.15 for all hours worked in Florida. Only those individuals entitled to receive the federal minimum wage under the federal Fair Labor Standards Act, as amended, and its Florida Senate - 2026 SB 1412 33-00113A-26 20261412__ CODING: Words stricken are deletions; words underlined are additions. implementing regulations shall be eligible to receive the state minimum wage pursuant to s. 24, Art. X of the State Constitution and this section.

The provisions of ss. 213 and of the federal Fair Labor Standards Act, as interpreted by applicable federal regulations and implemented by the Secretary of Labor, 34 are incorporated herein. 35

(

b) An employer is not subject to the state minimum wage requirements of this

section for an employee who is in a structured work-study program, internship, preapprenticeship program, or other similar work-based learning opportunity and who opts out of receiving the minimum wage. However, such work-40 based learning opportunity may not last longer than months or two full-time semesters consisting of at least credit hours each. 43

(

c) An employee may opt out of receiving the state minimum wage by voluntarily signing a waiver of his or her right to the state minimum wage established under this subsection. The waiver must state that the employee acknowledges his or her right to the state minimum wage pursuant to s. 24, Art. X of the State Constitution and this

section and that the employee is knowingly and voluntarily choosing to receive a lesser amount for his or her work-based learning opportunity as described in paragraph 51 (b). An employer may not coerce an employee to opt out of receiving the state minimum wage. If the employee is younger than years of age, in order for the waiver to be effective, 54 the employee’s parent or guardian must have agreed and signed the waiver on behalf of the minor employee at the minor employee’s request. 57

(

d) Except as provided in paragraphs

(

b) and (c), an Florida Senate - 2026 SB 1412 33-00113A-26 20261412__ CODING: Words stricken are deletions; words underlined are additions. employer must pay an employee a wage at or above the federal minimum wage. 60

(

e) An employee’s waiver to opt out of the state minimum wage under this subsection is only valid for months after the date his or her employment with the employer begins. Thereafter, 63 the employee must be paid at or above the state minimum wage regardless of his or her position or job title with the employer. 66

Section 3. This act shall take effect July 1, 2026. 67