The Last Scheduled Step
Florida's $15 Minimum Wage: September 30, 2026
Florida's minimum wage rises to $15 per hour on September 30, 2026. The tipped cash wage rises to $11.98. These are the final scheduled increases under Amendment 2, the constitutional amendment voters approved in November 2020 with 60.82% of the vote.
After $15, the rate adjusts automatically every year based on inflation. There is no further legislative step.
The schedule
| Effective date | Base wage | Tipped cash wage |
|---|---|---|
| September 30, 2024 | $13.00 | $9.98 |
| September 30, 2025 | $14.00 | $10.98 |
| September 30, 2026 | $15.00 | $11.98 |
| Effective date | Base wage | Tipped cash wage |
|---|---|---|
| September 30, 2024 | $13.00/hr | $9.98/hr |
| September 30, 2025 | $14.00/hr | $10.98/hr |
| September 30, 2026 | $15.00/hr | $11.98/hr |
| January 1, 2028 | CPI-adjusted | CPI-adjusted |
The jump from $14 to $15 is the last of the annual steps that began when the rate jumped to $10 in 2021.
The tip credit stays at $3.02
Article X, Section 24 of the Florida Constitution caps the tip credit at "the allowable FLSA tip credit in 2003," which was $3.02. Raising it would take another amendment, though lawmakers can cut the credit by statute and have never done so.
Every dollar the base wage rises, the tipped cash wage rises by the same dollar. At $15, the cash wage is $11.98, which exceeds the federal tipped minimum ($2.13) by nearly $10.
If tips plus the $11.98 cash wage don't reach $15 in any workweek, the employer owes the difference. That guarantee applies per employee, per workweek.
| Rate | Cash wage | Tip credit | Employer's full wage bill if tips = $0 (40-hr week) | |
|---|---|---|---|---|
| Current (Sept 30, 2025) | $14.00 | $10.98 | $3.02 | $560.00 |
| Final step (Sept 30, 2026) | $15.00 | $11.98 | $3.02 | $600.00 |
The tip credit stays fixed; the entire $1 increase each year goes to the cash wage. A server who works 40 hours in a week with no tips costs the employer the full $600 in wages: the $479.20 cash wage plus a $120.80 make-up payment. The tip credit only ever covers tips the server actually received.
Annual inflation adjustments start in 2027
After the $15 step, F.S. 448.110 sets the annual adjustment process. The state uses the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the South Region:
- September 1: the 12-month measurement period ends.
- By October 15: the state publishes the new rate on the Department of Commerce website.
- January 1: the adjusted rate takes effect.
The first CPI-adjusted rate takes effect January 1, 2028. After that, it's annual: the rate publishes by October 15 and takes effect January 1, with no new vote in Tallahassee and no fresh rulemaking needed for each year's rate. The annual cycle doesn't end. F.S. 448.110 indexes the rate to CPI in perpetuity.
The compliance rhythm is now fixed: CPI-adjusted rate publishes each October, takes effect each January 1. Put both dates on the same calendar. An October rate check against the January effective date, repeated each year.
No state wage-and-hour agency
Florida does not have a state labor department or wage-and-hour division. When an employee has a wage complaint, they can file a federal complaint with the U.S. Department of Labor's Wage and Hour Division (which maintains seven field offices in Florida: Fort Lauderdale, Jacksonville, Miami, Orlando, Tallahassee, Tampa, and West Palm Beach) or a private civil action under F.S. 448.110, which requires 15 days' written notice to the employer before filing. The Attorney General can also sue to enforce the minimum wage, and willful violations carry a $1,000 state fine per violation.
The WHD has recovered $57.5 million in back wages from 6,916 Florida hospitality investigations, based on Duty Room's analysis of WHD enforcement data.1 Where a case finds back wages, the typical recovery runs about $3,100, and the largest run to seven figures. Overtime violations account for 58% of all back wages recovered.
Tip credit violations are a recurring pattern in Florida WHD cases. When an employer adds managers to the tip pool, diverts tips, or fails to track tipped hours accurately, the DOL can claw back the full minimum wage for every affected hour under the FLSA tip credit rules. One Florida restaurant chain paid $314,553 in back wages in a case where the DOL found it redirecting gratuities to the business. A Tampa brewery paid $70,575 in a case where managers were included in the tip pool.
Where the rate change lands in payroll systems
As of September 30, the Florida rate for covered hours becomes $15.00 base and $11.98 tipped cash wage. F.S. 448.110 applies only to hours worked in Florida; payroll configurations that allocate hours by state are the standard mechanism operators use to isolate the Florida rate from rates in other jurisdictions.
On tip pools: an employer taking a tip credit can't include managers or non-tipped staff in the pool. Federal tip pooling rules differ when no tip credit is taken. F.S. 448.110 requires the employer to cover any shortfall in a workweek where tips plus cash wage fall below $15 per hour. The Tampa brewery case ($70,575 in back wages) turned on a manager-included tip pool.
F.S. 448.109 requires the minimum wage poster to be displayed in both English and Spanish. The Department of Commerce publishes updated poster files each year.
The annual compliance sequence: the rate publishes by October 15, payroll configuration is updated before January 1, and the first pay run of the new year validates the new base and tipped cash wage. Then the cycle repeats. The first CPI-adjusted rate will be published by October 15, 2027 and takes effect January 1, 2028. Our Florida employment compliance resources cover the payroll and tip-credit records behind that cycle.
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Duty Room analysis of 6,916 Florida records (NAICS 72, accommodation and food services) from the U.S. Department of Labor WHD compliance action dataset (data.dol.gov, dataset dated June 4, 2026; extracted June 10, 2026), with repeated case records counted once. Median back wages where a case recovered any: $3,097 overall, $3,501 for full-service restaurants, $3,121 for bars. Overtime back wages: $33.3 million of $57.5 million (58.0%). These figures replace an earlier extract ($51.2 million, 6,818 investigations, bars median $4,912, 57% overtime) that double-counted some cases and missed others.
This briefing is based on sources available at publication and is for general information only. It doesn't constitute legal advice. For advice on your specific situation, consult a qualified professional.
Produce the record when you're asked, not a week later.
Florida operators keep I-9 and E-Verify checks, SB 606 disclosures, and $15 minimum wage records current. Duty Room keeps the evidence and deadlines aligned with your HR adviser.