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CS/HB 221 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
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 4
requirements for specified employees; prohibiting 5
certain work-based learning opportunities from lasting 6
longer than a specified timeframe; defining the term 7
"work-based learning opportunity"; authorizing 8
employees to voluntarily opt out of the state minimum 9
wage requirements by signing a waiver; prohibiting an 10
employer from coercing an employee into opting out of 11
the state minimum wage; providing requirements for the 12
waiver to be effective for a minor employee; requiring 13
employers to pay an employee at or above the federal 14
minimum wage; requiring an employee to be paid at or 15
above the state minimum wage at the expiration of the 16
work-based learning opportunity; providing an 17
effective date. 18
19
Be It Enacted by the Legislature of the State of Florida: 20
21
Section 1. This act may be cited as the "On-the-Job 22
Workforce Training Act." 23
Section 2. Subsection (3) of section 448.110, Florida 24
Statutes, is amended to read: 25
CS/HB 221 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
448.110 State minimum wage; annual wage adjustment; 26
enforcement.— 27
(3)(a) Employers shall pay employees a minimum wage at an 28
hourly rate of $6.15 for all hours worked in Florida. Only those 29
individuals entitled to receive the federal minimum wage under 30
the federal Fair Labor Standards Act, as amended, and its 31
implementing regulations shall be eligible to receive the state 32
minimum wage pursuant to s. 24, Art. X of the State Constitution 33
and this section. The provisions of ss. 213 and 214 of the 34
federal Fair Labor Standards Act, as interpreted by applicable 35
federal regulations and implemented by the Secretary of Labor, 36
are incorporated herein. 37
(b)1. An employer is not subject to the state minimum wage 38
requirements of this section for an employee who is in a 39
structured work-study, internship, or preapprenticeship program, 40
or other similar work-based learning opportunity, and such 41
employee opts out of receiving the minimum wage. 42
a. Such work-based learning opportunity may not last 43
longer than 252 days or, if the employee is earning credit at a 44
school, Florida College System institution, or state university, 45
two semesters, whichever is longer. 46
b. If the employee is under 18 years of age, such work-47
based learning opportunity may not last longer than 126 days or, 48
if the employee is earning credit at a school, Florida College 49
System institution, or state university, one semester, whichever 50
CS/HB 221 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
is longer. 51
2. For purposes of this paragraph, the term "work-based 52
learning opportunity" means any interaction with industry or 53
community professionals which occurs in a workplace setting with 54
the sole purpose of providing the employee with an authentic 55
structured learning experience and on-the-job training that 56
fosters in-depth, firsthand engagement with the tasks required 57
in a given career field in order to become qualified and 58
proficient in such career field. A work-based learning 59
opportunity must meet all of the following criteria: 60
a. Be developmentally appropriate. 61
b. Identify learning objectives for the term of the 62
experience. 63
c. Explore multiple aspects of an industry. 64
d. Develop workplace skills and competencies. 65
e. Assess employee performance. 66
f. Be documented and reported in compliance with state and 67
federal labor laws. 68
(c) An employee may opt out of receiving the state minimum 69
wage by voluntarily signing a waiver of his or her right to the 70
state minimum wage established under this subsection. The waiver 71
must state that the employee acknowledges his or her right to 72
the state minimum wage pursuant to s. 24, Art. X of the State 73
Constitution and this section and that the employee is knowingly 74
and voluntarily choosing to receive a lesser amount for his or 75
CS/HB 221 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
her work-based learning opportunity as described in paragraph 76
(b). An employer may not coerce an employee to opt out of 77
receiving the state minimum wage. If the employee is younger 78
than 18 years of age, in order for the waiver to be effective, 79
the employee's parent or guardian must have agreed and signed 80
the waiver on behalf of, and in addition to, the minor employee. 81
(d) Except as provided in paragraphs (b) and (c), an 82
employer must pay an employee a wage at or above the federal 83
minimum wage. 84
(e) At the expiration of the work-based learning 85
opportunity, the employee must be paid at or above the state 86
minimum wage regardless of his or her position or job title with 87
the employer. 88
Section 3. This act shall take effect July 1, 2026. 89