I'm not sure where the original poster got the summary and effects of the FL Senate bill 7210, but what I'm reading in the actual bill text AND "Analysis" posted by the Florida Senate is NOT what was said above:
"22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Optional guaranteed wage for tipped employees.
25 For tipped employees who meet eligibility requirements for the
26 tip credit under the federal Fair Labor Standards Act, an
27 employer may elect to guarantee that all such employees receive
28 a wage, including tips, equal to at least 130 percent of the
29 state minimum wage ($7.67 per hour) established pursuant to s. 448.110, Florida
30 Statutes, rounded up to the next cent.
31 (1) The employer shall make this election in writing. This
32 written election must be dated and prominently displayed in a
33 conspicuous, accessible place on the employer’s premises and
34 must remain in effect for at least 1 year until revoked by the
35 employer.
36 (2) If an employer fails to pay a tipped employee the wage
37 guaranteed under this section, or engages in any discriminatory
38 or retaliatory action prohibited under s. 448.110, Florida
39 Statutes, the employer is subject to the civil actions and fines
40 provided for under s. 448.110, Florida Statutes.
41 (3) An employer that pays a tipped employee the wage
42 guaranteed under this section is deemed to have fulfilled the
43 employer’s obligations with respect to payment of the state
44 minimum wage. This section does not affect an employer’s
45 obligation to comply with the requirements of the federal Fair
46 Labor Standards Act.
47 Section 2. This act shall take effect July 1, 2012.
See "Bill Text" and "Analyses" at this site:
Senate Bill 7210 (2012) - The Florida Senate
ALSO: This is the related FEDERAL law (in the Analysis page):
Currently, Florida’s minimum wage is $7.67 per hour.
Employers of tipped employees, who meet eligibility requirements for the tip credit under the Fair Labor Standards Act, may count tips actually received as wages under the Florida minimum wage. However, the employer must pay tipped employees a direct wage. The direct wage is calculated as equal to the minimum wage ($7.67) minus the 2003 tip credit ($3.02), or a direct hourly wage of $4.65 as of January 1, 2012.5
Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) prescribes standards for minimum wages, overtime pay, recordkeeping, and child labor.11 It is administered by the U.S. Department of Labor, Wage and Hour Division. The current federal minimum wage is $7.25 per hour. The required minimum
BILL: SPB 7210 Page 3
cash wage for tipped employees is $2.13 per hour; employers may take a tip credit of up to $5.12 from the federal minimum wage. There are additional notice requirements that employers must make to tipped employees in order to use the tip credit.
Employers electing to use the tip credit provision must be able to show that tipped employees receive at least the minimum wage when direct (or cash) wages and the tip credit amount are combined. If an employee’s tips combined with the employer’s direct (or cash) wages of at least $2.13 per hour do not equal the minimum hourly wage of $7.25 per hour, the employer must make up the difference.......
I'm no lawyer, but to me--as a former server with relatives who are now--this seems fair!