HB 1307

CS

CHAMBER ACTION

1	The Committee on Agriculture recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to agricultural and migrant labor;
7	amending s. 381.008, F.S.; revising a definition; amending
8	s. 381.0086, F.S.; requiring the Department of Health to
9	adopt rules relating to residential migrant housing;
10	providing guidelines for the filing of interstate
11	clearance orders; amending s. 381.0087, F.S.; revising a
12	provision relating to who may issue certain citations;
13	requiring the department to provide notice of suspected
14	violations; amending s. 403.088, F.S.; clarifying a
15	provision relating to water pollution operation permits;
16	amending s. 420.507, F.S.; requiring the Florida Housing
17	Finance Corporation to utilize federal and state resources
18	in a certain manner; amending s. 450.191, F.S.;
19	authorizing and directing the Executive Office of the
20	Governor to advise and consult on certain issues relating
21	to migrant workers; directing the office to coordinate
22	enforcement of certain provisions with the Department of
23	Business and Professional Regulation; including farm labor
24	contractors in the enforcement of certain laws;
25	authorizing and directing the office to cooperate with the
26	Agency for Workforce Innovation in the recruitment and
27	referral of migrant workers and certain other laborers;
28	amending s. 450.201, F.S.; providing a deadline for
29	appointments to the Legislative Commission on Migrant
30	Labor; providing a deadline for the commission's first
31	meeting; amending s. 450.211, F.S.; revising the
32	membership of the commission's advisory committee;
33	amending s. 450.231, F.S.; providing a deadline for
34	certain reports; amending s. 450.27, F.S.; providing a
35	popular name; amending s. 450.271, F.S.; authorizing the
36	department to enter into certain agreements with the
37	Secretary of Labor of the United States; amending s.
38	450.28, F.S.; providing definitions; amending s. 450.30,
39	F.S.; revising requirements for retaking examinations for
40	renewal of certificates of registration; requiring fees
41	for certain programs to be deposited in the Professional
42	Regulation Trust Fund; amending s. 450.31, F.S.; providing
43	criteria for issuance or renewal of certificates of
44	registration; authorizing payment for certificates of
45	registration by cashier's check; increasing the
46	application fee for such registration; requiring fees to
47	be deposited in the Professional Regulation Trust Fund;
48	providing criteria for revocation, suspension, or refusal
49	to issue or renew certificates of registration; conforming
50	a provision; providing criteria for permanent revocation
51	or refusal to issue or renew certificates of registration;
52	authorizing the department to inspect certain documents
53	upon receipt and acceptance of a certificate of
54	registration; creating s. 450.321, F.S.; creating the best
55	practices incentive program for farm labor contractors;
56	requiring farm labor contractors to meet certain
57	requirements; authorizing the department to enter into
58	certain partnership agreements; authorizing the department
59	to revoke certain designations; prohibiting the
60	unauthorized use of designations; limiting certain civil
61	liability of the department; requiring the department to
62	establish an incentive program; amending s. 450.33, F.S.;
63	removing department requirements for the suspension or
64	revocation of farm labor contractors' certificates of
65	registration; requiring farm labor contractors to keep
66	certain records; amending s. 450.34, F.S.; providing
67	certain prohibited acts for farm labor contractors;
68	amending s. 450.35, F.S.; prohibiting certain contracts or
69	employment; providing a penalty; amending s. 450.37, F.S.;
70	authorizing the department to enter into agreements with
71	other state agencies for certain purposes; amending s.
72	450.38, F.S.; providing civil and criminal penalties for
73	minor and major violations; increasing certain civil
74	penalties; authorizing payment of certain civil penalties
75	by cashier's check; removing authorization to pay certain
76	civil penalties by cash; increasing the scope of where a
77	complaint may be filed; providing for a warning to
78	contractors committing minor violations; providing civil
79	penalties; authorizing the revocation of certificates of
80	registration under certain circumstances; requiring the
81	department to provide notice of suspected violations;
82	creating s. 450.39, F.S.; providing guidelines for the
83	sale of certain commodities to farmworkers; providing
84	penalties; amending s. 487.011, F.S.; providing a popular
85	name; amending ss. 487.012, 487.021, 487.025, 487.031,
86	487.041, 487.0435, 487.045, 487.046, 487.047, 487.049,
87	487.051, 487.0615, 487.071, 487.081, 487.091, 487.101,
88	487.111, 487.13, 487.156, 487.159, 487.161, 487.163,
89	487.171, and 487.175, F.S.; revising references to make
90	the "Florida Pesticide Law" part I of ch. 487, F.S.;
91	amending s. 482.242, F.S.; clarifying a provision relating
92	to the labeling and registration of approved pesticides;
93	creating s. 487.2011, F.S., the "Florida Agricultural
94	Worker Safety Act"; providing for administration by the
95	Department of Agriculture and Consumer Services; creating
96	s. 487.2021, F.S.; providing legislative intent; creating
97	s. 487.2031, F.S.; providing definitions; creating s.
98	487.2041, F.S.; providing enforcement of federal worker
99	protection regulations; creating s. 487.2051, F.S.;
100	requiring agricultural employers to make certain pesticide
101	information available; creating s. 487.2061, F.S.;
102	prohibiting certain acts; creating s. 487.2071, F.S.;
103	providing penalties; requiring monitoring and reporting of
104	complaints; amending ss. 500.03 and 570.44, F.S.;
105	clarifying provisions relating to the definition of the
106	term "pesticide chemical" and duties of the Division of
107	Agricultural Environmental Services, respectively;
108	directing the Division of Statutory Revision to designate
109	parts I and II of ch. 487, F.S.; providing an effective
110	date.
111
112	Be It Enacted by the Legislature of the State of Florida:
113
114	Section 1.  Subsection (8) of section 381.008, Florida
115	Statutes, is amended to read:
116	381.008  Definitions of terms used in ss. 381.008-
117	381.00897.--As used in ss. 381.008-381.00897, the following
118	words and phrases mean:
119	(8)  "Residential migrant housing"--A building, structure,
120	mobile home, barracks, or dormitory, and any combination thereof
121	on adjacent property which is under the same ownership,
122	management, or control, and the land appertaining thereto, that
123	is rented or reserved for occupancy by five or more seasonal or
124	migrant farmworkers, except:
125	(a)  Housing furnished as an incident of employment.
126	(b)  A single-family residence or mobile home dwelling unit
127	that is occupied only by a single family and that is not under
128	the same ownership, management, or control as other farmworker
129	housing to which it is adjacent or contiguous.
130	(c)  A hotel, motel, or resort condominium, as defined in
131	chapter 509, that is furnished for transient occupancy.
132	(d)  Any housing owned or operated by a public housing
133	authority except for housing which is specifically provided for
134	persons whose principal income is derived from agriculture.
135	Section 2.  Subsection (1) of section 381.0086, Florida
136	Statutes, is amended, and subsection (6) is added to said
137	section, to read:
138	381.0086  Rules; variances; penalties.--
139	(1)  The department shall adopt rules necessary to protect
140	the health and safety of migrant farmworkers farm workers and
141	other migrant labor camp or residential migrant housing
142	occupants, including rules governing field sanitation
143	facilities. These rules must include definitions of terms,
144	provisions relating to plan review of the construction of new,
145	expanded, or remodeled camps or residential migrant housing,
146	sites, buildings and structures, personal hygiene facilities,
147	lighting, sewage disposal, safety, minimum living space per
148	occupant, bedding, food equipment, food storage and preparation,
149	insect and rodent control, garbage, heating equipment, water
150	supply, maintenance and operation of the camp, housing, or
151	roads, and such other matters as the department finds to be
152	appropriate or necessary to protect the life and health of the
153	occupants. Housing operated by a public housing authority is
154	exempt from the provisions of any administrative rule that
155	conflicts with or is more stringent than the federal standards
156	applicable to the housing.
157	(6)  For the purposes of filing an interstate clearance
158	order with the Agency for Workforce Innovation, if the housing
159	is covered by 20 C.F.R. part 654, subpart E, no permanent
160	structural variance referred to in subsection (2) is allowed.
161	Section 3.  Subsections (1) and (6) of section 381.0087,
162	Florida Statutes, are amended, and subsection (9) is added to
163	said section, to read:
164	381.0087  Enforcement; citations.--
165	(1)  Department personnel or crew chief compliance officers
166	employed by the Bureau of Compliance of the Florida Department
167	of Labor and Employment Security may issue citations that
168	contain an order of correction or an order to pay a fine, or
169	both, for violations of ss. 381.008-381.00895 or the field
170	sanitation facility rules adopted by the department when a
171	violation of those sections or rules is enforceable by an
172	administrative or civil remedy, or when a violation of those
173	sections or rules is a misdemeanor of the second degree. A
174	citation issued under this section constitutes a notice of
175	proposed agency action. The recipient of a citation for a major
176	deficiency, as defined by rule of the department, will be given
177	a maximum of 48 hours to make satisfactory correction or
178	demonstrate that provisions for correction are satisfactory.
179	(6)  Any person who willfully refuses to sign and accept a
180	citation issued by the department commits or the Department of
181	Labor and Employment Security is guilty of a misdemeanor of the
182	second degree, punishable as provided in s. 775.082 or s.
183	775.083.
184	(9)  The department shall provide notice of any suspected
185	violations of any law to the appropriate entity.
186	Section 4.  Subsection (1) of section 403.088, Florida
187	Statutes, is amended to read:
188	403.088  Water pollution operation permits; conditions.--
189	(1)  No person, without written authorization of the
190	department, shall discharge into waters within the state any
191	waste which, by itself or in combination with the wastes of
192	other sources, reduces the quality of the receiving waters below
193	the classification established for them. However, this section
194	shall not be deemed to prohibit the application of pesticides to
195	waters in the state for the control of insects, aquatic weeds,
196	or algae, provided the application is performed pursuant to a
197	program approved by the Department of Health, in the case of
198	insect control, or the department, in the case of aquatic weed
199	or algae control. The department is directed to enter into
200	interagency agreements to establish the procedures for program
201	approval. Such agreements shall provide for public health,
202	welfare, and safety, as well as environmental factors. Approved
203	programs must provide that only chemicals approved for the
204	particular use by the United States Environmental Protection
205	Agency or by the Department of Agriculture and Consumer Services
206	may be employed and that they be applied in accordance with
207	registered label instructions, state standards for such
208	application, and the provisions of the Florida Pesticide Law,
209	part I of chapter 487.
210	Section 5.  Subsection (33) of section 420.507, Florida
211	Statutes, is amended to read:
212	420.507  Powers of the corporation.--The corporation shall
213	have all the powers necessary or convenient to carry out and
214	effectuate the purposes and provisions of this part, including
215	the following powers which are in addition to all other powers
216	granted by other provisions of this part:
217	(33)  To receive federal funding in connection with the
218	corporation's programs directly from the Federal Government.
219	Federal and state resources shall be utilized, to the extent
220	feasible, in a manner that maximizes funding opportunities in
221	the state.
222	Section 6.  Section 450.191, Florida Statutes, is amended
223	to read:
224	450.191  Executive Office of the Governor; powers and
225	duties.--
226	(1)  The Executive Office of the Governor is authorized and
227	directed to:
228	(a)  Advise and consult with employers of migrant workers
229	as to the ways and means of improving living conditions of
230	migrant seasonal workers.;
231	(b)  Cooperate with the Department of Health in
232	establishing minimum standards of preventive and curative health
233	and of housing and sanitation in migrant labor camps and in
234	making surveys to determine the adequacy of preventive and
235	curative health services available to occupants of migrant labor
236	camps.;
237	(c)  Provide coordination for the enforcement of ss.
238	381.008-381.0088 and ss. 450.27-450.38.;
239	(d)  Cooperate with the Department of Business and
240	Professional Regulation other departments of government in
241	coordinating and enforcing all applicable labor laws, including,
242	but not limited to, those relating to private employment
243	agencies, child labor, wage payments, wage claims, and farm
244	labor contractors. crew leaders;
245	(e)  Cooperate with the Department of Education to provide
246	educational facilities for the children of migrant laborers.;
247	(f)  Cooperate with the Department of Highway Safety and
248	Motor Vehicles to establish minimum standards for the
249	transporting of migrant laborers.;
250	(g)  Cooperate with the Department of Agriculture and
251	Consumer Services to conduct an education program for employers
252	of migrant laborers pertaining to the standards, methods, and
253	objectives of the office.;
254	(h)  Cooperate with the Department of Children and Family
255	Services in coordinating all public assistance programs as they
256	may apply to migrant laborers.;
257	(i)  Coordinate all federal, state, and local programs
258	pertaining to migrant laborers.;
259	(j)  Cooperate with the Agency for Workforce Innovation
260	farm labor office of the Department of Business and Professional
261	Regulation in the recruitment and referral of migrant laborers
262	and other persons for the planting, cultivation, and harvesting
263	of agricultural crops in Florida.
264	(2)  The office shall arrange, through the Department of
265	Health, for the provision of the supplementary services set
266	forth in paragraph (1)(b) to the extent of available
267	appropriations. Such services may be provided through the use of
268	one or more traveling dispensaries, or by contract with
269	physicians, dentists, hospitals, or clinics, or in such manner
270	as may be recommended by the Department of Health.
271	Section 7.  Section 450.201, Florida Statutes, is amended
272	to read:
273	450.201  Legislative Commission on Migrant Labor;
274	membership; filling vacancies.--
275	(1)  There is created a permanent joint committee of the
276	Florida Legislature to be known as the Legislative Commission on
277	Migrant Labor, to be composed of three members of the Senate,
278	appointed by the President of the Senate, and three members of
279	the House of Representatives, appointed by the Speaker of the
280	House. One member from each house shall be a member of the
281	minority party. Any vacancy in the commission shall be filled by
282	the respective presiding officer from the membership of the
283	legislative body from which the vacancy occurred. However, a
284	member who ceases to be a member of the legislative body from
285	which appointed shall continue to be a member of the commission
286	until the next succeeding regular session of the Legislature, at
287	which the commission shall render its report to the Legislature.
288	(2)  Appointments shall be made no later than March 1,
289	2005.
290	(3)  The first meeting of the commission shall be no later
291	than July 1, 2005.
292	Section 8.  Section 450.211, Florida Statutes, is amended
293	to read:
294	450.211  Advisory committee; membership.--The Legislative
295	Commission on Migrant Labor is authorized and directed to
296	establish an advisory committee, which shall contain the
297	following membership:
298	(1)  One member representing the Department of Community
299	Affairs.;
300	(2)  One member representing the Department of Health.;
301	(3)  One member representing the Department of Agriculture
302	and Consumer Services.;
303	(4)  One member representing the Department of Education.;
304	(5)  One member representing the Florida Farm Bureau
305	Federation.;
306	(6)  One member representing the Florida State Federated
307	Labor Council;
308	(6)(7)  One member representing the Florida Fruit and
309	Vegetable Association.;
310	(7)(8)  One member representing the Florida Citrus Mutual.
311	Citrus Industrial Council;
312	(8)(9)  One member representing the Executive Office of the
313	Governor. Florida Sugar Cane League;
314	(9)(10)  One member representing a not-for-profit entity
315	that provides social services for migrant workers Not fewer than
316	two or more than four other persons selected and appointed by
317	the commission.
318	(10)  Two members representing farmworkers.
319	(11)  One member representing migrant nonprofit housing
320	interests.
321	(12)  One member representing the Department of Business
322	and Professional Regulation.
323	(13)  One member representing the Agency for Workforce
324	Innovation.
325	(14)  One member representing the Department of Children
326	and Family Services.
327	Section 9.  Section 450.231, Florida Statutes, is amended
328	to read:
329	450.231  Annual reports to Legislature.--The commission
330	shall report its findings, recommendations, and proposed
331	legislation to each regular session of the Legislature no later
332	than February 1 of each year beginning in 2006.
333	Section 10.  Section 450.27, Florida Statutes, is amended
334	to read:
335	450.27  Short title.--This part shall be known by the
336	popular name may be cited as the "Farm Labor Contractor
337	Registration Law."
338	Section 11.  Section 450.271, Florida Statutes, is amended
339	to read:
340	450.271  State administration of the Migrant and Seasonal
341	Agricultural Worker Protection Act.--The Department of Business
342	and Professional Regulation Labor and Employment Security may
343	enter into agreements with the Secretary of Labor of the United
344	States to authorize the department to administer within the
345	State of Florida the provisions of the Migrant and Seasonal
346	Agricultural Worker Protection Act of 1983, as amended.
347	Section 12.  Subsections (5) and (6) are added to section
348	450.28, Florida Statutes, to read:
349	450.28  Definitions.--
350	(5)  "Minor violation" means a violation of a specific
351	state or federal law or rule that does not present an imminent
352	threat to the health, safety, or welfare of any employee of a
353	farm labor contractor.
354	(6)  "Major violation" means a violation of a specific
355	state or federal law or rule that presents an imminent threat to
356	the health, safety, or welfare of any employee of a farm labor
357	contractor.
358	Section 13.  Subsections (6) and (7) of section 450.30,
359	Florida Statutes, are amended to read:
360	450.30  Requirement of certificate of registration;
361	education and examination program.--
362	(6)  The department shall require an applicant for renewal
363	of a certificate of registration to retake the examination only
364	if:
365	(a)  During the prior certification period, the department
366	issued a final order assessing a civil monetary penalty for a
367	major violation of this part or revoked or refused to renew or
368	issue a certificate of registration; or
369	(b)  The department determines that new requirements
370	related to the duties and responsibilities of a farm labor
371	contractor necessitate a new examination.
372	(7)  The department shall charge each applicant a $35 fee
373	for the education and examination program. Such fees shall be
374	deposited in the Professional Regulation Crew Chief Registration
375	Trust Fund.
376	Section 14.  Subsections (1) and (2) of section 450.31,
377	Florida Statutes, are amended, and subsections (5) and (6) are
378	added to said section, to read:
379	450.31  Issuance, revocation, and suspension of, and
380	refusal to issue or renew, certificate of registration.--
381	(1)  The department shall not issue to any person a
382	certificate of registration as a farm labor contractor, nor
383	shall it renew such certificate, until:
384	(a)  Such person has executed a written application
385	therefor in a form and pursuant to regulations prescribed by the
386	department and has submitted such information as the department
387	may prescribe.
388	(b)  Such person has obtained and holds a valid federal
389	certificate of registration as a farm labor contractor, or a
390	farm labor contractor employee, unless exempt by federal law.
391	(c)  Such person pays to the department, by cashier's check
392	in cash, certified check, or money order, a nonrefundable
393	application fee of $125 $75. Fees collected by the department
394	under this subsection shall be deposited in the State Treasury
395	into the Professional Regulation Crew Chief Registration Trust
396	Fund, which is hereby created, and shall be utilized for
397	administration of this part.
398	(d)  Such person has successfully taken and passed the farm
399	labor contractor examination.
400	(e)  Such person has designated an agent to receive service
401	of process and other official or legal documents. The agent must
402	be available during regular business hours, Monday through
403	Friday, to accept service on behalf of the farm labor
404	contractor.
405	(2)  The department may revoke, suspend, or refuse to issue
406	or renew any certificate of registration when it is shown that
407	the farm labor contractor has:
408	(a)  Violated or failed to comply with any provision of
409	this part or the rules adopted pursuant to this part s. 450.36.
410	(b)  Made any misrepresentation or false statement in his
411	or her application for a certificate of registration.
412	(c)  Given false or misleading information concerning
413	terms, conditions, or existence of employment to persons who are
414	recruited or hired to work on a farm.
415	(d)  A civil fine, assessed by the department, that remains
416	unpaid.
417	(e)  Failed to pay unemployment compensation taxes as
418	determined by the Agency for Workforce Innovation.
419	(f)  Been denied a federal certificate of registration as a
420	farm labor contractor or has had such certificate suspended or
421	revoked.
422	(g)  Failed to pay federal employee taxes as determined by
423	the Internal Revenue Service.
424	(5)  The department may permanently refuse to issue or
425	renew or may revoke the certificate of registration if such
426	applicant or certificateholder has been convicted within the
427	preceding 5 years of:
428	(a)  Any crime under state or federal law relating to
429	gambling, or to the sale, distribution, or possession of
430	alcoholic beverages, in connection with, or incident to, any
431	farm labor contracting activities; or
432	(b)  Any felony under state or federal law involving
433	robbery, bribery, extortion, embezzlement, grand larceny,
434	burglary, arson, violation of narcotics laws, murder, rape,
435	assault with intent to kill, assault that inflicts grievous
436	bodily injury, prostitution, peonage, or smuggling or harboring
437	individuals who have entered the country illegally.
438	(6)  Receipt and acceptance of a certificate of
439	registration as a farm labor contractor constitutes
440	unconditional permission for, and complete acquiescence to, any
441	inspection by department personnel of books, ledgers, and all
442	other documents that are related to the performance of farm
443	labor activities.
444	Section 15.  Section 450.321, Florida Statutes, is created
445	to read:
446	450.321  Best practices incentive program for farm labor
447	contractors.--
448	(1)  To promote compliance with this part, and to help the
449	public identify farm labor contractors who have demonstrated a
450	firm commitment to responsible and safe labor practices, the
451	department shall develop and implement a best practices program.
452	(2)  Farm labor contractors desiring designation as a best
453	practices farm labor contractor must meet requirements
454	established by the department. The designation is
455	nontransferable.
456	(3)  The department is authorized to enter into partnership
457	agreements with farm labor contractors to memorialize the
458	responsibilities of each party to the agreement regarding the
459	requirements to receive and maintain a best practices
460	designation. Recipients of a designation as a best practices
461	farm labor contractor may use this designation when soliciting
462	business, while the designation is in effect.
463	(4)  A designation as a best practices farm labor
464	contractor may be revoked if the department determines that the
465	recipient of the designation has failed to comply with any of
466	the requirements. Upon revocation, the recipient of the
467	designation must cease all solicitation using the best practices
468	farm labor contractor designation.
469	(5)  The unauthorized use of the designation as a best
470	practices farm labor contractor is prohibited. The grant of a
471	designation as a best practices farm labor contractor shall not
472	constitute endorsement of the recipient by the department, nor
473	may it be characterized as such.
474	(6)  In no event may the department be held liable in any
475	civil action for any damages resulting from the granting,
476	denying, suspending, or revoking of a designation as a best
477	practices farm labor contractor.
478	(7)  The department shall establish an incentive program
479	for farm labor contractors receiving best practices designation.
480	Section 16.  Subsection (10) of section 450.33, Florida
481	Statutes, is amended, and subsection (11) is added to said
482	section, to read:
483	450.33  Duties of farm labor contractor.--Every farm labor
484	contractor must:
485	(10)  Comply with all applicable statutes, rules, and
486	regulations of the United States and of the State of Florida for
487	the protection or benefit of labor, including, but not limited
488	to, those providing for wages, hours, fair labor standards,
489	social security, workers' compensation, unemployment
490	compensation, child labor, and transportation. The department
491	shall not suspend or revoke a certificate of registration
492	pursuant to this subsection unless:
493	(a)  A court or agency of competent jurisdiction renders a
494	judgment or other final decision that a violation of one of the
495	laws, rules, or regulations has occurred and, if invoked, the
496	appellate process is exhausted;
497	(b)  An administrative hearing pursuant to ss. 120.569 and
498	120.57 is held on the suspension or revocation and the
499	administrative law judge finds that a violation of one of the
500	laws, rules, or regulations has occurred and, if invoked, the
501	appellate process is exhausted; or
502	(c)  The holder of a certificate of registration stipulates
503	that a violation has occurred or defaults in the administrative
504	proceedings brought to suspend or revoke his or her
505	registration.
506	(11)  Maintain accurate daily field records for each
507	employee actually paid by the farm labor contractor reflecting
508	the hours worked for the farm labor contractor and, if paid by
509	unit, the number of units harvested and the amount paid per
510	unit.
511	Section 17.  Subsections (4) and (5) are added to section
512	450.34, Florida Statutes, to read:
513	450.34  Prohibited acts of farm labor contractor.--A
514	licensee may not:
515	(4)  Retaliate against any person because the person has
516	filed a complaint or aided an investigation pursuant to this
517	part.
518	(5)  Contract with or employ any person acting in the
519	capacity of a farm labor contractor, or performing activities
520	defined in s. 450.28(1), who does not have a current certificate
521	of registration issued by the department pursuant to the
522	requirements of this part.
523	Section 18.  Section 450.35, Florida Statutes, is amended
524	to read:
525	450.35  Certain contracts or employment prohibited.--It is
526	unlawful for any person to contract with or employ for the
527	employment of farm workers with any farm labor contractor as
528	defined in this act until the labor contractor displays to him
529	or her a current certificate of registration issued by the
530	department pursuant to the requirements of this part. A
531	violation of this section is subject to the penalty provided in
532	s. 450.38(1).
533	Section 19.  Section 450.37, Florida Statutes, is amended
534	to read:
535	450.37  Cooperation with federal and state agencies.--The
536	department shall, whenever appropriate, cooperate with any
537	federal agency. The department is authorized and empowered to
538	cooperate with and enter into agreements with any other agency
539	of this state for the purpose of carrying out the provisions of
540	this part and securing uniformity of regulations.
541	Section 20.  Section 450.38, Florida Statutes, is amended
542	to read:
543	450.38  Enforcement of farm labor contractor laws.--
544	(1)  Any person, firm, association, or corporation not
545	excluded under s. 450.29 who commits a minor violation violates
546	any provision of this part and, upon conviction, is guilty of
547	commits a misdemeanor of the second degree, is punishable as
548	provided in s. 775.082 or s. 775.083.
549	(2)  Any person, firm, association, or corporation who
550	commits a major violation of this part and, upon conviction, is
551	guilty of a felony of the third degree, is punishable as
552	provided in s. 775.082, s. 775.083, or s. 775.084.
553	(3)(2)  Any person who, on or after June 19, 1985, commits
554	a violation of this part or of any rule adopted thereunder may
555	be assessed a civil penalty of not more than $2,000 $1,000 for
556	each such violation. Such assessed penalties shall be paid by
557	cashier's check in cash, certified check, or money order and
558	shall be deposited into the General Revenue Fund. The department
559	shall not institute or maintain any administrative proceeding to
560	assess a civil penalty under this subsection when the violation
561	is the subject of a criminal indictment or information under
562	this section which results in a criminal penalty being imposed,
563	or of a criminal, civil, or administrative proceeding by the
564	United States government or an agency thereof which results in a
565	criminal or civil penalty being imposed. The department may
566	adopt rules prescribing the criteria to be used to determine the
567	amount of the civil penalty and to provide notification to
568	persons assessed a civil penalty under this section.
569	(4)(3)  Upon a complaint of the department being filed in
570	the circuit court of the county in which the farm labor
571	contractor resides or may be doing business, any farm labor
572	contractor who fails to obtain a certificate of registration as
573	required by this part may, in addition to such penalties, be
574	enjoined from engaging in any activity which requires the farm
575	labor contractor to possess a certificate of registration.
576	(5)(4)  For the purpose of any investigation or proceeding
577	conducted by the department, the secretary of the department or
578	the secretary's designee shall have the power to administer
579	oaths, take depositions, make inspections when authorized by
580	statute, issue subpoenas which shall be supported by affidavit,
581	serve subpoenas and other process, and compel the attendance of
582	witnesses and the production of books, papers, documents, and
583	other evidence. The secretary of the department or the
584	secretary's designee shall exercise this power on the
585	secretary's own initiative.
586	(6)  A farm labor contractor who commits a minor violation
587	of this part shall be issued a warning for the first violation.
588	A civil penalty in increments of $250 may be assessed for each
589	successive violation of a specific statute or rule of this part
590	within a 2-year period from the date of the first violation.
591	After reaching the $2,500 maximum amount of a cumulative fine
592	for minor violations, the certificate of registration may be
593	revoked.
594	(7)  A farm labor contractor who commits a major violation
595	of a specific statute or rule of this part shall be assessed a
596	civil penalty of at least $750 for the first violation, of at
597	least $1,500 for the second violation, and of not more than
598	$2,500 for the third such violation within a 2-year period from
599	the date of the first violation. The certificate of registration
600	may be revoked for the fourth such violation within a 2-year
601	period from the date of the first violation.

CODING: Words stricken are deletions; words underlined are additions.