In 2004, when the federal minimum wage was $5.15 per hour, Florida voters approved a constitutional amendment which created Florida's minimum wage. Beginning in 2005, it was one dollar more than the federal minimum wage, or $6.15. Each year Florida's Agency for Workplace Innovation recalculates the Florida minimum wage, based upon the increase in the consumer price index during the preceding 12 months. The new rate is published each October and takes effect in January of the next year.
During 2007 Florida's minimum was set at $6.67 per hour. On January 1, 2008, it increased to $6.79. On January 1, 2009, another increase is scheduled to raise the rate to $7.21 per hour.
Employers whose employees receive tips may credit the tips received by a tipped employee toward the minimum wage, but only up to $3.02 per hour, the amount allowed under federal law. In other words, a Florida employer must pay a tipped employee at least $3.77 per hour in addition to his or her tips during 2008, provided (a) the employee is allowed to keep all of his or her tips and the tips received are sufficient to make up the difference between the cash wage paid and the required minimum.
It is important to note that overtime work must be paid at one and one-half times the employee's regular rate of pay. The regular rate must be at least the applicable minimum wage rate. Thus, for Florida employees the overtime rate in 2008 must be at least $10.185. For tipped employees, the full $3.02 per hour tip credit reduces the required rate for overtime work to $7.165 per hour.