Florida Minimum Wage Rules & Constitutional Step Schedule

In November 2020, over 60% of Florida voters approved Amendment 2, creating a historic constitutional amendment codified in Article X, Section 24 of the Florida Constitution. The amendment created an annual scheduled increase to bring Florida's general minimum wage to $15.00 per hour by late 2026, followed by annual inflation adjustments.

1. The Constitutional Annual Step Schedule

Unlike most states where minimum wage adjustments take effect on January 1, Florida's constitutional amendment mandates increases effective on September 30 of each calendar year:

2. Annual CPI-W Indexing Effective January 1, 2028

Once Florida reaches the $15.00 per hour rate on September 30, 2026, the constitutional step schedule concludes. Under Article X, Section 24(c) of the Florida Constitution, the rate remains at $15.00 per hour through December 31, 2027.

On September 30, 2027, the Florida Department of Commerce (formerly Department of Economic Opportunity) will calculate the state's first post-step inflation adjustment using the federal Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the prior 12-month period ending in August. That adjusted rate takes effect on January 1, 2028. Rates cannot decrease if CPI-W is negative. Because future inflation indices cannot be certified in advance, compliance for dates on or after January 1, 2028 remains unverified until officially published.

3. Split Pay Period Calculations Across the September 30 Boundary

When an employer's standard workweek or biweekly pay period spans across September 29 and September 30, the employer cannot apply a single blended wage without tracking hours on each side of the boundary.

For example, in a 40-hour workweek where 20 hours are worked through September 29, 2026 ($14.00/hr) and 20 hours are worked on or after September 30, 2026 ($15.00/hr), the statutory minimum wage floor is:

Paying $14.00 for the entire 40 hours would result in a $20.00 statutory wage shortfall. If a pay period spans across September 30 but no hours breakdown is supplied for the two rate periods, statutory compliance cannot be certified. Our engine marks the compliance assessment as unverified workweek breakdown required rather than guessing or defaulting all hours to the lower rate.

4. Florida Statutes § 448.110 Pre-Suit Notice Procedure

Under Fla. Stat. § 448.110(6), an employee alleging a minimum wage violation cannot file a lawsuit immediately. The employee must first serve a written pre-suit notice stating:

• The employee's identity and dates of employment.
• The specific dates and hours for which minimum wages are alleged unpaid.
• The total monetary amount of unpaid minimum wages claimed.

The employer has 15 calendar days from receipt to pay the full amount of unpaid wages or resolve the dispute. If the employer pays in full within 15 days, no civil action may be brought. If the employer fails to pay, the employee may file suit and seek unpaid wages, liquidated damages, and reasonable attorney's fees under Fla. Stat. § 448.08.

5. Statewide Municipal Preemption (Fla. Stat. § 218.077)

Under Florida Statutes § 218.077, local governments (such as the cities of Miami, Orlando, Tampa, or Jacksonville) are prohibited from establishing their own mandatory minimum wage rates for private employers. The state constitutional rate applies uniformly throughout all 67 Florida counties.