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Florida Rep. Ryan Chamberlin, R-Belleview Credit: via Florida House of Representatives<\/p>\nFlorida Rep. Ryan Chamberlin, R-Belleview Credit: via Florida House of Representatives<\/p>\n
A recent survey found that nearly half of Floridians are considering leaving the state<\/a> due to cost-of-living concerns, with 80 percent of respondents citing concerns about housing affordability and over 40 percent stating they believe the so-called \u201cAmerican Dream\u201d no longer exists.<\/p>\n Florida lawmakers have come up with a number of proposals to address affordability concerns<\/a>, while another has garnered concerns that it could push more Floridians into poverty. <\/p>\n A panel of Florida lawmakers on Wednesday, for instance, advanced one bill (HB 221<\/a>) that would allow certain types of workers to temporarily \u201copt out\u201d of being paid minimum wage, despite critics warning the bill would open the floodgates to exploitation and legalize cheap labor.<\/p>\n \u00a0Under the proposal<\/a>, workers in Florida who are enrolled in an internship program, pre-apprenticeship, work-study program or \u201cother similar work-based learning opportunity\u201d would be allowed to sign a waiver opting out of being paid Florida\u2019s minimum wage, at least temporarily. Adults would be permitted to waive their minimum wage rights for up to 252 days (or two college semesters), while minors under age 18 would be permitted to do so for 126 days (about one college semester).<\/p>\n Workers, under the proposal, would be able to opt out of being paid the Florida minimum wage of $14 an hour \u2014 equal to $29, 120 a year working full-time \u2014 but would need to be paid at least the federal minimum wage of $7.25 an hour. That wage floor hasn\u2019t budged since 2009. Florida\u2019s minimum wage, in contrast, is scheduled to rise to $15 an hour later this year as the result of a constitutional amendment that was approved by more than 6 million Florida voters in 2020.<\/p>\n Some critics argued this new bill seeks to undermine that and ignore the will of voters.<\/p>\n \u201cFlorida voters \u2014 myself \u2014 chose to raise the minimum wage because fair pay really matters,\u201d argued Taylor Ashley, an opponent speaking to lawmakers Wednesday during public testimony. \u201cThis bill undercuts that decision and shifts costs onto workers who can least afford it.\u201d<\/p>\n Sponsored by Rep. Ryan Chamberlin, R-Belleview, the bill was advanced by the House Careers & Workforce Subcommittee in an 11-5<\/a> vote along party lines, with Republicans in support of the proposal and Democrats in opposition. It\u2019s the second of three committees the bill must clear before facing a vote by the full Florida House.<\/p>\n While Republican bill sponsor Chamberlin and Rep. Doug Bankson, R-Apopka, argued the bill would create \u201copportunity\u201d for workers who are willing to trade wages for job experience, critics argued that it defies the will of voters, would lower wages for workers across the board, and could face constitutionality issues due to the fact that minimum wage rights are enshrined in Florida\u2019s state constitution.<\/p>\n \u201cThere\u2019s nothing that says that we have the ability to allow employers, private or public, the ability to waive minimum wage,\u201d said Rep. Ashley Gantt (D-Miami).<\/p>\n Opening the floodgates to abuse<\/p>\n Other concerns brought forward by members of the public included the potential exploitation of young workers entering the job market \u2014 who are more vulnerable to workplace violence<\/a> and wage theft<\/a> \u2014 as well as the lack of an enforcement mechanism spelled out in the proposal.<\/p>\n \u201cI know the bill says that there will be no coercion by the employer, but with the lack of any enforcement mechanism in place, my concern is the legislation will present young workers with the choice of either sign away your constitutional minimum wage rights, or go without a job,\u201d said Andy Starling, another member of the public who spoke in opposition to the bill.<\/p>\n The bill language does explicitly prohibit<\/a> employer coercion and includes a definition for a \u201cwork-based learning opportunity\u201d that would be eligible for a subminimum wage, if the bill becomes law. Workers under the age of 18, under the proposal, would also need to have a parent also sign away their right to minimum wage and agree to be paid less.<\/p>\n Rep. Chamberlin conceded, however, that there is no state agency designated in the bill to ensure employers are actually following the rules that his proposal spells out.<\/p>\n \u201cThere\u2019s not a specific state organization dedicated to monitor these particular items,\u201d he admitted, when pressed.\u00a0<\/p>\n \u201cThis bill undermines the whole point of a minimum wage. If your company can\u2019t afford that, you might need to consider your business model.\u201d<\/p>\n Dr. Rich Templin, political director of the Florida AFL-CIO \u2014 a statewide federation of labor unions \u2014 argued the bill would, in effect, give employers the green light to misclassify any minimum wage job as a \u201cwork-based learning opportunity\u201d without any risk of repercussion. <\/p>\n \u201cIf this bill passes, as it is, there is absolutely no reason that a McDonald\u2019s franchisee owner can\u2019t declare all of the jobs in his restaurant as work study and then compel people in the community to sign away their minimum wage rights \u2014 because that\u2019s where the jobs are.\u201d<\/p>\n Templin pointed out there are already tens of thousands of job openings currently in Florida\u2019s job market, and that workers \u2014 including those with little job experience \u2014 are not at risk of any shortage of paid job opportunities. <\/p>\n The plethora of job openings, in fact, has been used as a talking point by Republicans who are, at the same time, looking to approve a bill that would make it harder<\/a> for Floridians to access unemployment benefits.<\/p>\n \u201cThe argument for shutting down unemployment insurance was that we have tens of thousands of open positions in Florida right now,\u201d said Templin. \u201cIf that\u2019s the case, then why do we have to have people sign away their minimum wage rights for an opportunity to get a job that might give them some training and some experience?\u201d<\/p>\n Shane Tremblay, a construction electrician from Jacksonville, said he himself was the product of an apprenticeship program that paid him a living wage, plus benefits, as he developed new skills and gained hands-on experience in his field. \u201cThis bill undermines the whole point of a minimum wage,\u201d he argued. \u201cIf your company can\u2019t afford that, you might need to consider your business model.\u201d<\/p>\n Tremblay added that allowing construction contractors to pay entry-level workers or trainees less than minimum wage could affect the earnings of more experienced workers like himself. \u201cIf this bill were to pass, I could see contractors using it as a way to drive down their labor costs, which will drive down my wage. So I have a vested interest in this bill not passing.\u201d<\/p>\n Will the proposal advance?<\/p>\n Chamberlin\u2019s bill received no show of support during public testimony Wednesday, even from business-friendly lobbying groups that have warned<\/a> employers are struggling to keep up with minimum wage hikes. His bill was previously filed<\/a> for consideration during Florida\u2019s state legislative session last year, but failed to receive a vote of support from the full Florida House.<\/p>\n A Senate version of the bill filed for consideration this year (SB 1412<\/a>), sponsored by Sen. Jonathan Martin, has yet to be scheduled for a single committee hearing. Senate President Ben Albritton last year admitted<\/a> that he wasn\u2019t a fan of the proposal. \u201cTo tell you the truth, I think if somebody works, whether they\u2019re being an apprentice or whatever, minimum wage is actually in the Constitution for a reason,\u201d he told reporters at the time.<\/p>\n The legislation would need to be approved by a majority of lawmakers in both the Senate and the House \u2014 both of which are dominated by Republicans \u2014 in order to pass. It would then need to receive final approval from the governor in order to become law.<\/p>\n Florida\u2019s 2026 legislative session began Jan. 13 and is scheduled to last 60 days through March 13, 2026. If the bill fails to pass before the end of session, it will not become law.<\/p>\n Subscribe to Orlando Weekly newsletters.<\/a><\/p>\n Follow us:\u00a0Apple News<\/a>\u00a0|\u00a0Google News<\/a>\u00a0|\u00a0NewsBreak<\/a>\u00a0|\u00a0Reddit<\/a>\u00a0|\u00a0Instagram<\/a>\u00a0|\u00a0Facebook\u00a0<\/a>|\u00a0Bluesky<\/a>\u00a0| Or sign up for our\u00a0RSS Feed<\/a><\/p>\n Related Stories<\/p>\n \t\t\t\t\t\t\t\t \n\t\t\t\t\tCritics argued the bill undermines the will of a majority of Floridians who voted to raise the state minimum wage in 2020.\n\t\t\t\t<\/p>\n
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