Florida Minimum Wage 2026: Current Rate and Annual Increases

Current Florida Minimum Wage Rate

The Florida minimum wage is set by Article X, Section 24 of the Florida Constitution, as amended by Amendment 2, which Florida voters approved in November 2020 with 60.82% of the vote. The amendment established a series of annual $1.00 increases that began on September 30, 2021 and will reach $15.00 per hour on September 30, 2026.

For most of 2026 — from January 1 through September 29 — the Florida minimum wage remains at the rate that took effect on September 30, 2025, which is $14.00 per hour. On September 30, 2026, the rate will increase to $15.00 per hour, completing the scheduled increases under Amendment 2.

Amendment 2: The Annual Increase Schedule

Amendment 2, officially titled "Raising Florida's Minimum Wage," was placed on the November 2020 ballot and approved by voters. It amended the Florida Constitution to require a series of annual minimum wage increases of $1.00 per hour, taking effect each year on September 30. Here is the complete schedule:

After $15: CPI Indexing

Once the minimum wage reaches $15.00 per hour on September 30, 2026, Amendment 2 provides that future adjustments will be made annually based on the Consumer Price Index (CPI) for urban wage earners and clerical workers in the South Region. The Florida Department of Economic Opportunity will calculate and publish the new rate each year. This means the minimum wage will continue to increase with inflation but will no longer follow the fixed $1.00-per-year schedule.

Tipped Minimum Wage in Florida

Florida law allows employers to pay a lower direct wage to tipped employees — workers who customarily and regularly receive more than $30 per month in tips. The employer may take a tip credit of $3.02 per hour against the minimum wage. This tip credit amount has remained fixed under Amendment 2.

No Local Minimum Wage Override

Unlike some other states, Florida does not allow cities or counties to establish their own minimum wage rates. Florida law expressly preempts local ordinances from setting minimum wages that differ from the state rate. This means that whether your business is in Miami, Tampa, Orlando, Jacksonville, or any other Florida municipality, the applicable minimum wage is the same statewide rate set under Amendment 2.

This preemption simplifies compliance for employers with locations across multiple Florida cities — you only need to track a single state minimum wage rate (plus the annual September 30 increase) rather than a patchwork of local ordinances. Florida Statute Section 218.077 prohibits local governments from establishing minimum wage requirements that exceed the state minimum.

Employer Obligations

Florida employers have several legal obligations related to the minimum wage. Non-compliance can result in penalties, back pay awards, and legal action.

Pay at Least the Current Minimum Wage

All employers must pay at least the applicable Florida minimum wage to every employee covered by the FLSA. This applies regardless of whether the employee is full-time, part-time, temporary, or seasonal. The obligation runs from the first hour of work.

No Deductions Below Minimum Wage

Employers may not make deductions from an employee's wages that would reduce the effective hourly rate below the minimum wage. This includes deductions for uniforms, tools, equipment, cash register shortages, or breakage — unless the employee's remaining compensation still meets or exceeds the minimum wage for all hours worked.

Maintain Payroll Records

Employers must maintain accurate records of hours worked and wages paid for each employee. Under Florida law, these records must be retained for at least three years. The records should include the employee's name, hours worked each day and week, rate of pay, total wages paid, and any deductions.

Retaliation Is Prohibited

Florida law prohibits employers from retaliating against employees who file a minimum wage complaint, participate in a minimum wage investigation, or inform other employees of their rights under the minimum wage law. An employer who retaliates may be liable for damages, reinstatement, and attorney's fees.

Poster Requirements

Florida law requires every employer to display the official Florida Minimum Wage poster in a conspicuous place at the workplace where employees can easily see it. The poster must be the current version reflecting the rate in effect.

• Where to get it: The Florida Department of Economic Opportunity (DEO) publishes the official poster and makes it available for free download on its website.
• When to update: A new poster is issued each year when the rate changes on September 30. Update your poster by September 30, 2026 when the rate moves to $15.00/hr.
• Language: The poster must be displayed in English and Spanish (or any other language spoken by a significant portion of your workforce).
• Multiple locations: If you have more than one worksite, each location must display the poster.
• Remote workers: For employees who work remotely or do not report to a fixed location, employers should provide the poster information electronically or in written form.

Overtime Impact

The Florida minimum wage rate directly affects overtime calculations for minimum-wage employees. Under the FLSA, overtime must be paid at one and one-half times the employee's regular rate of pay for all hours worked over 40 in a workweek.

For minimum-wage employees in Florida, the overtime rates in 2026 are:

Important notes on overtime in Florida:

• Florida follows federal FLSA overtime rules: Unlike some states, Florida does not have a separate state overtime law. Overtime is governed by the federal FLSA, which requires time-and-a-half after 40 hours per workweek. There is no daily overtime requirement in Florida.
• All hours count: All hours the employee is "suffered or permitted to work" must be counted toward the 40-hour weekly threshold, including pre-shift preparation, post-shift cleanup, and work performed remotely.
• Rate changes mid-week: If the September 30 rate change falls in the middle of a workweek, employers should apply the correct rate for each day and calculate the blended regular rate for overtime purposes.

Exemptions from the Minimum Wage

While the Florida minimum wage applies broadly, certain categories of workers may be exempt under federal or state law:

• Tipped employees: As discussed above, tipped employees may be paid a reduced direct wage of $10.98/hr (through Sep 29, 2026) or $11.98/hr (from Sep 30, 2026), provided the tip credit rules are satisfied.
• Students and student learners: Under federal law, full-time students employed by retail or service establishments, agriculture, or colleges and universities may be paid 85% of the minimum wage under a certificate from the U.S. Department of Labor.
• Workers with disabilities: Under Section 14(c) of the FLSA, employers holding a special certificate from the Department of Labor may pay subminimum wages to workers whose earning or productive capacity is impaired by a disability. Note that this exemption has been increasingly scrutinized and many states are phasing it out.
• Certain agricultural workers: Some agricultural employees may be exempt from minimum wage under FLSA provisions, though Florida's constitutional minimum wage applies broadly and may still cover some workers exempt under federal law.
• Independent contractors: The minimum wage applies to employees, not independent contractors. However, misclassifying an employee as an independent contractor to avoid minimum wage requirements is a serious violation. Proper classification depends on the nature of the working relationship, not just the label on a contract.

Frequently Asked Questions

What is the Florida minimum wage right now in February 2026?

As of February 2026, the Florida minimum wage is $14.00 per hour. This rate took effect on September 30, 2025 and remains in effect until September 29, 2026. On September 30, 2026, the rate will increase to $15.00 per hour.

When does the Florida minimum wage increase?

Under Amendment 2, the Florida minimum wage increases every year on September 30. The next increase — from $14.00 to $15.00 — takes effect on September 30, 2026. After that, future increases will be tied to the Consumer Price Index (CPI) rather than a fixed dollar amount.

Can a Florida city set its own higher minimum wage?

No. Florida law preempts local governments from establishing minimum wage rates that differ from the state rate. Florida Statute Section 218.077 expressly prohibits cities and counties from adopting local minimum wage ordinances. The state rate applies uniformly across all municipalities.

What is the tipped minimum wage in Florida?

The tipped minimum wage in Florida is the standard minimum wage minus the $3.02 tip credit. Through September 29, 2026, the tipped minimum is $10.98/hr. Starting September 30, 2026, it will be $11.98/hr. The employee's tips plus direct wages must equal at least the full standard minimum wage.

Does the Florida minimum wage apply to salaried employees?

Yes. Salaried employees who are non-exempt under the FLSA must still receive at least the equivalent of the minimum wage for all hours worked. If you divide a salaried non-exempt employee's weekly salary by the number of hours they worked, the resulting hourly rate must meet or exceed the Florida minimum wage.

What happens if I pay less than the Florida minimum wage?

An employee who is paid less than the minimum wage can bring a civil action to recover the full amount of unpaid wages, an equal amount in liquidated damages (effectively doubling the back pay), plus reasonable attorney's fees and court costs. The Florida Attorney General may also bring enforcement actions under Amendment 2.

Do I need to pay the new rate on September 30, or the following pay period?

The new rate takes effect at the start of the workday on September 30, 2026. All hours worked on or after that date must be paid at the new $15.00/hr rate (or $11.98/hr for tipped employees), regardless of when the paycheck is issued. Make sure your payroll system is updated before that date.

What happens to the minimum wage after it reaches $15?

Beginning on September 30, 2027, the Florida minimum wage will be adjusted annually based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) in the South Region. The Florida Department of Economic Opportunity will calculate and publish the new rate. The wage cannot decrease — if the CPI is negative, the rate remains the same as the prior year.