Certified Payroll in Florida: Prevailing Wage and Reporting Requirements

Florida does not have a state prevailing wage law. The state briefly had one starting in 1933, but it was repealed in 1979, and no replacement has been enacted since. For contractors working on purely state-funded or locally funded public projects in Florida, there is no state-mandated prevailing wage rate and no state-level certified payroll requirement.

That does not mean Florida contractors can ignore prevailing wage entirely. The federal Davis-Bacon Act applies to every federally funded or federally assisted construction project in the state exceeding $2,000, and a large volume of Florida's public construction, including highway projects, public housing, airport improvements, and infrastructure work receiving federal grants, falls into that category. Contractors who bid on these projects must pay federally determined prevailing wages and submit weekly certified payroll reports.

How Florida's Two-Tier Wage System Works

Florida contractors face a clear split between projects that require prevailing wage compliance and those that do not. Understanding which side of the line a project falls on is the first step in setting up the correct payroll and reporting processes.

State and Local Projects: No Prevailing Wage

Public construction projects funded solely by Florida state or local government dollars carry no prevailing wage obligation under state law. Contractors pay market-rate wages, and there is no certified payroll filing requirement. Florida statute § 255.0992 further restricts the state and its political subdivisions from imposing preset wages or employee benefits on public-works contractors except when required by federal or state law.

Federally Funded Projects: Davis-Bacon Applies

When a construction project receives federal funding or federal financial assistance, the Davis-Bacon Act (40 U.S.C. §§ 3141–3148) applies. The Act covers construction, alteration, and repair work on federally funded contracts exceeding $2,000.

Common project types that trigger Davis-Bacon in Florida include:

• Federal highway and transportation projects receiving FHWA funding through the Florida Department of Transportation

• Public and affordable housing developments funded through HUD programs

• Federal buildings such as post offices, courthouses, and military facilities

• Airport improvements receiving FAA grants

• Water and sewer infrastructure projects funded through EPA or state revolving fund programs that carry federal pass-through requirements

The Davis-Bacon Act also extends to "Related Acts," meaning projects that receive federal assistance through grants, loans, or loan guarantees under approximately 60 other federal statutes are typically subject to the same prevailing wage requirements.

Certified Payroll Requirements on Florida Federal Projects

On any Davis-Bacon covered project in Florida, contractors and subcontractors must submit weekly certified payroll reports to the contracting agency. The reporting requirements are governed by federal regulations under 29 CFR Parts 3 and 5.

The WH-347 Form

The U.S. Department of Labor provides Form WH-347 as the standard certified payroll reporting template. While the form itself is technically optional, the information it captures is mandatory. Most contracting agencies expect contractors to use the WH-347 or an equivalent format that includes all required fields.

The DOL released a revised WH-347 form effective January 6, 2025. Contractors working on active Davis-Bacon projects in Florida should confirm they are using the current version.

Each weekly report must document:

• Worker names, addresses, and last four digits of Social Security numbers

• Job classifications and corresponding wage determination rates

• Daily and weekly hours worked on the covered project

• Hourly pay rates, including base wage and fringe benefit breakdowns

• Deductions and net wages paid

• A signed Statement of Compliance certifying that workers were paid no less than the applicable Davis-Bacon prevailing wage rate

Who Must File

Every contractor and subcontractor performing work on a Davis-Bacon covered project must submit their own certified payroll reports. The general contractor collects subcontractor reports and submits the full package to the contracting agency. Even during weeks when no work is performed, a "no work" statement may be required in lieu of a payroll report.

Jobsite Posting Requirements

Contractors must display the applicable Davis-Bacon wage determination and the Davis-Bacon employee rights poster (WH-1321) at each jobsite in a prominent, accessible location. Workers need to see the wage rates that apply to their classification on the project.

Penalties for Davis-Bacon Violations in Florida

Federal enforcement of prevailing wage violations on Florida projects follows the same framework applied nationwide. The U.S. Department of Labor's Wage and Hour Division investigates complaints and conducts compliance reviews.

Consequences of Non-Compliance

Contractors who fail to pay correct prevailing wages or submit accurate certified payroll reports on Florida federal projects face escalating consequences:

• Back wages and restitution owed to affected workers for the full underpayment amount

• Liquidated damages assessed on top of back wages

• Contract termination for non-compliance during the project

• Debarment from all federal contracts for up to three years

• Criminal prosecution for willful violations, including knowingly submitting false certified payroll reports

• Joint liability between general contractors and subcontractors, meaning the GC can be held responsible for a subcontractor's wage violations

Anti-retaliation protections under federal law prohibit employers from terminating, disciplining, or discriminating against workers who report Davis-Bacon violations on Florida projects.

How Florida Contractors Stay Compliant

For trade contractors who split their work between privately funded projects (no prevailing wage) and federally funded projects (full Davis-Bacon compliance), the operational challenge is maintaining two different payroll workflows within the same back office.

Identify Federal Funding Early

The time to determine whether a project triggers Davis-Bacon is during the bid phase, not after mobilization. Federal wage determinations affect labor cost estimates, and contractors who price a bid at market rates on a Davis-Bacon project will either underpay workers or absorb the difference from their margin. Reviewing bid documents for Davis-Bacon clauses and wage determination references should be a standard step in every ​construction payroll and ​job costing setup for public work.

Separate Prevailing Wage and Market-Rate Payroll

When crew members move between a Davis-Bacon project and a private job in the same week, every hour must be allocated to the correct project and paid at the correct rate. Accurate ​field and labor tracking at the jobsite level prevents the most common source of underpayment: blending hours across projects with different wage requirements.

Manage Subcontractor Certified Payroll

General contractors are jointly liable for their subcontractors' Davis-Bacon compliance. Collecting weekly certified ​payroll reports from every subcontractor, reviewing them for completeness, and submitting the full package to the contracting agency is a non-negotiable obligation. A missed or inaccurate subcontractor report creates direct exposure for the GC.

Track Fringe Benefits Correctly

Davis-Bacon requires contractors to pay both a base hourly wage and a fringe benefit amount for each classification. Fringe benefits can be paid directly to workers as cash, contributed to bona fide benefit plans, or split between the two. Whichever method a contractor uses, the total compensation must meet or exceed the wage determination. ​HR and benefits administration that ties fringe tracking to payroll prevents shortfalls that surface during audits.

How Trayd Supports Florida Contractors on Federal Projects

Trayd is a back-office operating system built for construction that unifies ​payroll, HR, compliance, and job costing into a single platform designed for the complexity of trade contracting. For Florida contractors navigating the split between market-rate state projects and Davis-Bacon federal work, Trayd centralises labor tracking and payroll processing so certified payroll data on covered projects is captured at the source, not assembled each week manually.

​Schedule a demo to see how Trayd helps Florida trade contractors meet federal prevailing wage and certified payroll requirements.

Frequently Asked Questions

Does Florida have a state prevailing wage law?

No. Florida repealed its state prevailing wage law in 1979 and has not enacted a replacement. Prevailing wage requirements in Florida come from the federal Davis-Bacon Act on federally funded projects.

When is certified payroll required in Florida?

Certified payroll is required on any construction project in Florida that is subject to the federal Davis-Bacon Act, which covers federally funded or assisted contracts exceeding $2,000.

What form do Florida contractors use for certified payroll?

The U.S. Department of Labor provides Form WH-347 as the standard certified payroll template. A revised version took effect January 6, 2025.

Can a general contractor be held liable for a subcontractor's prevailing wage violation in Florida?

Yes. Under Davis-Bacon, general contractors and subcontractors share joint liability. A GC can be held responsible for a subcontractor's failure to pay correct prevailing wages on a covered project.

Do any Florida counties have their own prevailing wage rules?

Some counties, including Miami-Dade and Broward, have maintained local wage ordinances on certain publicly funded construction contracts, though recent state legislation has significantly narrowed the scope of local wage mandates in Florida.

What are the penalties for Davis-Bacon violations on Florida projects?

Penalties include back wages, liquidated damages, contract termination, debarment from federal projects for up to three years, and potential criminal prosecution for willful violations.