On February 16, 2012, the Florida Senate Commerce and Tourism Committee approved SB 2106. The bill, if enacted, would offer employers the option to pay tipped workers a new lower minimum wage rate of $2.13 per hour (i.e., the minimum direct wage required under federal law for tipped employees), versus the minimum tipped wage of $4.65 per hour required under current Florida law. To take advantage of this option, employers would have to guarantee a total compensation (wage plus tips) of 130% of the Florida minimum wage (currently $7.67). The option could not be revoked for one year. If passed, the law would take effect July 1, 2012.
The law would likely be challenged as contrary to the Florida Constitution, which holds that the tip credit cannot exceed the amount permissible under federal law in 2003 (i.e., $2.03). At present, the measure has not been acted upon by the full Senate, and has no House companion.
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