HB 1307

CS

CHAMBER ACTION

2	The Committee on State Administration recommends the following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to agricultural and migrant labor;
8	amending s. 381.008, F.S.; revising a definition; amending
9	s. 381.0086, F.S.; requiring the Department of Health to
10	adopt rules relating to residential migrant housing;
11	providing guidelines for the filing of interstate
12	clearance orders; amending s. 381.0087, F.S.; revising a
13	provision relating to who may issue certain citations;
14	requiring the department to provide notice of suspected
15	violations; amending s. 403.088, F.S.; clarifying a
16	provision relating to water pollution operation permits;
17	amending s. 420.507, F.S.; requiring the Florida Housing
18	Finance Corporation to utilize federal and state resources
19	in a certain manner; amending s. 450.191, F.S.;
20	authorizing and directing the Executive Office of the
21	Governor to advise and consult on certain issues relating
22	to migrant workers; directing the office to coordinate
23	enforcement of certain provisions with the Department of
24	Business and Professional Regulation; including farm labor
25	contractors in the enforcement of certain laws;
26	authorizing and directing the office to cooperate with the
27	Agency for Workforce Innovation in the recruitment and
28	referral of migrant workers and certain other laborers;
29	amending s. 450.201, F.S.; renaming the Legislative
30	Commission on Migrant Labor as the Legislative Commission
31	on Migrant and Seasonal Labor; providing a deadline for
32	appointments to the commission; providing a deadline for
33	the commission's first meeting; amending s. 450.211, F.S.;
34	revising the membership of the commission's advisory
35	committee; amending s. 450.221, F.S.; conforming
36	terminology; amending s. 450.231, F.S.; providing a
37	deadline for certain reports; amending s. 450.261, F.S.;
38	conforming terminology; amending s. 450.27, F.S.;
39	providing a popular name; amending s. 450.271, F.S.;
40	authorizing the department to enter into certain
41	agreements with the Secretary of Labor of the United
42	States; amending s. 450.28, F.S.; providing definitions;
43	amending s. 450.30, F.S.; revising requirements for
44	retaking examinations for renewal of certificates of
45	registration; requiring fees for certain programs to be
46	deposited in the Professional Regulation Trust Fund;
47	amending s. 450.31, F.S.; providing criteria for issuance
48	or renewal of certificates of registration; authorizing
49	payment for certificates of registration by cashier's
50	check; increasing the application fee for such
51	registration; requiring fees to be deposited in the
52	Professional Regulation Trust Fund; providing criteria for
53	revocation, suspension, or refusal to issue or renew
54	certificates of registration; conforming a provision;
55	providing criteria for permanent revocation or refusal to
56	issue or renew certificates of registration; authorizing
57	the department to inspect certain documents upon receipt
58	and acceptance of a certificate of registration; creating
59	s. 450.321, F.S.; creating the best practices incentive
60	program for farm labor contractors; requiring farm labor
61	contractors to meet certain requirements; authorizing the
62	department to enter into certain partnership agreements;
63	authorizing the department to revoke certain designations;
64	prohibiting the unauthorized use of designations; limiting
65	certain civil liability of the department; requiring the
66	department to establish an incentive program; amending s.
67	450.33, F.S.; removing department requirements for the
68	suspension or revocation of farm labor contractors'
69	certificates of registration; requiring farm labor
70	contractors to keep certain records; amending s. 450.34,
71	F.S.; providing certain prohibited acts for farm labor
72	contractors; amending s. 450.35, F.S.; prohibiting certain
73	contracts or employment; providing a penalty; amending s.
74	450.37, F.S.; authorizing the department to enter into
75	agreements with other state agencies for certain purposes;
76	amending s. 450.38, F.S.; providing civil and criminal
77	penalties for minor and major violations; increasing
78	certain civil penalties; authorizing payment of certain
79	civil penalties by cashier's check; removing authorization
80	to pay certain civil penalties by cash; increasing the
81	scope of where a complaint may be filed; providing for a
82	warning to contractors committing minor violations;
83	providing civil penalties; authorizing the revocation of
84	certificates of registration under certain circumstances;
85	requiring the department to provide notice of suspected
86	violations; creating s. 450.39, F.S.; providing guidelines
87	for the sale of certain commodities to farmworkers;
88	providing penalties; amending s. 487.011, F.S.; providing
89	a popular name; amending ss. 487.012, 487.021, 487.025,
90	487.031, 487.041, 487.0435, 487.045, 487.046, 487.047,
91	487.049, 487.051, 487.0615, 487.071, 487.081, 487.091,
92	487.101, 487.111, 487.13, 487.156, 487.159, 487.161,
93	487.163, 487.171, and 487.175, F.S.; revising references
94	to make the "Florida Pesticide Law" part I of ch. 487,
95	F.S.; amending s. 482.242, F.S.; clarifying a provision
96	relating to the labeling and registration of approved
97	pesticides; creating s. 487.2011, F.S., the "Florida
98	Agricultural Worker Safety Act"; providing for
99	administration by the Department of Agriculture and
100	Consumer Services; creating s. 487.2021, F.S.; providing
101	legislative intent; creating s. 487.2031, F.S.; providing
102	definitions; creating s. 487.2041, F.S.; providing
103	enforcement of federal worker protection regulations;
104	creating s. 487.2051, F.S.; requiring agricultural
105	employers to make certain pesticide information available;
106	creating s. 487.2061, F.S.; prohibiting certain acts;
107	creating s. 487.2071, F.S.; providing penalties; requiring
108	monitoring and reporting of complaints; amending ss.
109	500.03 and 570.44, F.S.; clarifying provisions relating to
110	the definition of the term "pesticide chemical" and duties
111	of the Division of Agricultural Environmental Services,
112	respectively; directing the Division of Statutory Revision
113	to designate parts I and II of ch. 487, F.S.; providing an
114	effective date.
115
116	Be It Enacted by the Legislature of the State of Florida:
117
118	Section 1.  Subsection (8) of section 381.008, Florida
119	Statutes, is amended to read:
120	381.008  Definitions of terms used in ss. 381.008-
121	381.00897.--As used in ss. 381.008-381.00897, the following
122	words and phrases mean:
123	(8)  "Residential migrant housing"--A building, structure,
124	mobile home, barracks, or dormitory, and any combination thereof
125	on adjacent property which is under the same ownership,
126	management, or control, and the land appertaining thereto, that
127	is rented or reserved for occupancy by five or more seasonal or
128	migrant farmworkers, except:
129	(a)  Housing furnished as an incident of employment.
130	(b)  A single-family residence or mobile home dwelling unit
131	that is occupied only by a single family and that is not under
132	the same ownership, management, or control as other farmworker
133	housing to which it is adjacent or contiguous.
134	(c)  A hotel, motel, or resort condominium, as defined in
135	chapter 509, that is furnished for transient occupancy.
136	(d)  Any housing owned or operated by a public housing
137	authority except for housing which is specifically provided for
138	persons whose principal income is derived from agriculture.
139	Section 2.  Subsection (1) of section 381.0086, Florida
140	Statutes, is amended, and subsection (6) is added to said
141	section, to read:
142	381.0086  Rules; variances; penalties.--
143	(1)  The department shall adopt rules necessary to protect
144	the health and safety of migrant farmworkers farm workers and
145	other migrant labor camp or residential migrant housing
146	occupants, including rules governing field sanitation
147	facilities. These rules must include definitions of terms,
148	provisions relating to plan review of the construction of new,
149	expanded, or remodeled camps or residential migrant housing,
150	sites, buildings and structures, personal hygiene facilities,
151	lighting, sewage disposal, safety, minimum living space per
152	occupant, bedding, food equipment, food storage and preparation,
153	insect and rodent control, garbage, heating equipment, water
154	supply, maintenance and operation of the camp, housing, or
155	roads, and such other matters as the department finds to be
156	appropriate or necessary to protect the life and health of the
157	occupants. Housing operated by a public housing authority is
158	exempt from the provisions of any administrative rule that
159	conflicts with or is more stringent than the federal standards
160	applicable to the housing.
161	(6)  For the purposes of filing an interstate clearance
162	order with the Agency for Workforce Innovation, if the housing
163	is covered by 20 C.F.R. part 654, subpart E, no permanent
164	structural variance referred to in subsection (2) is allowed.
165	Section 3.  Subsections (1) and (6) of section 381.0087,
166	Florida Statutes, are amended, and subsection (9) is added to
167	said section, to read:
168	381.0087  Enforcement; citations.--
169	(1)  Department personnel or crew chief compliance officers
170	employed by the Bureau of Compliance of the Florida Department
171	of Labor and Employment Security may issue citations that
172	contain an order of correction or an order to pay a fine, or
173	both, for violations of ss. 381.008-381.00895 or the field
174	sanitation facility rules adopted by the department when a
175	violation of those sections or rules is enforceable by an
176	administrative or civil remedy, or when a violation of those
177	sections or rules is a misdemeanor of the second degree. A
178	citation issued under this section constitutes a notice of
179	proposed agency action. The recipient of a citation for a major
180	deficiency, as defined by rule of the department, will be given
181	a maximum of 48 hours to make satisfactory correction or
182	demonstrate that provisions for correction are satisfactory.
183	(6)  Any person who willfully refuses to sign and accept a
184	citation issued by the department commits or the Department of
185	Labor and Employment Security is guilty of a misdemeanor of the
186	second degree, punishable as provided in s. 775.082 or s.
187	775.083.
188	(9)  The department shall provide notice of any suspected
189	violations of any law to the appropriate entity.
190	Section 4.  Subsection (1) of section 403.088, Florida
191	Statutes, is amended to read:
192	403.088  Water pollution operation permits; conditions.--
193	(1)  No person, without written authorization of the
194	department, shall discharge into waters within the state any
195	waste which, by itself or in combination with the wastes of
196	other sources, reduces the quality of the receiving waters below
197	the classification established for them. However, this section
198	shall not be deemed to prohibit the application of pesticides to
199	waters in the state for the control of insects, aquatic weeds,
200	or algae, provided the application is performed pursuant to a
201	program approved by the Department of Health, in the case of
202	insect control, or the department, in the case of aquatic weed
203	or algae control. The department is directed to enter into
204	interagency agreements to establish the procedures for program
205	approval. Such agreements shall provide for public health,
206	welfare, and safety, as well as environmental factors. Approved
207	programs must provide that only chemicals approved for the
208	particular use by the United States Environmental Protection
209	Agency or by the Department of Agriculture and Consumer Services
210	may be employed and that they be applied in accordance with
211	registered label instructions, state standards for such
212	application, and the provisions of the Florida Pesticide Law,
213	part I of chapter 487.
214	Section 5.  Subsection (33) of section 420.507, Florida
215	Statutes, is amended to read:
216	420.507  Powers of the corporation.--The corporation shall
217	have all the powers necessary or convenient to carry out and
218	effectuate the purposes and provisions of this part, including
219	the following powers which are in addition to all other powers
220	granted by other provisions of this part:
221	(33)  To receive federal funding in connection with the
222	corporation's programs directly from the Federal Government.
223	Federal and state resources shall be utilized, to the extent
224	feasible, in a manner that maximizes funding opportunities in
225	the state.
226	Section 6.  Section 450.191, Florida Statutes, is amended
227	to read:
228	450.191  Executive Office of the Governor; powers and
229	duties.--
230	(1)  The Executive Office of the Governor is authorized and
231	directed to:
232	(a)  Advise and consult with employers of migrant workers
233	as to the ways and means of improving living conditions of
234	migrant seasonal workers.;
235	(b)  Cooperate with the Department of Health in
236	establishing minimum standards of preventive and curative health
237	and of housing and sanitation in migrant labor camps and in
238	making surveys to determine the adequacy of preventive and
239	curative health services available to occupants of migrant labor
240	camps.;
241	(c)  Provide coordination for the enforcement of ss.
242	381.008-381.0088 and ss. 450.27-450.38.;
243	(d)  Cooperate with the Department of Business and
244	Professional Regulation other departments of government in
245	coordinating and enforcing all applicable labor laws, including,
246	but not limited to, those relating to private employment
247	agencies, child labor, wage payments, wage claims, and farm
248	labor contractors. crew leaders;
249	(e)  Cooperate with the Department of Education to provide
250	educational facilities for the children of migrant laborers.;
251	(f)  Cooperate with the Department of Highway Safety and
252	Motor Vehicles to establish minimum standards for the
253	transporting of migrant laborers.;
254	(g)  Cooperate with the Department of Agriculture and
255	Consumer Services to conduct an education program for employers
256	of migrant laborers pertaining to the standards, methods, and
257	objectives of the office.;
258	(h)  Cooperate with the Department of Children and Family
259	Services in coordinating all public assistance programs as they
260	may apply to migrant laborers.;
261	(i)  Coordinate all federal, state, and local programs
262	pertaining to migrant laborers.;
263	(j)  Cooperate with the Agency for Workforce Innovation
264	farm labor office of the Department of Business and Professional
265	Regulation in the recruitment and referral of migrant laborers
266	and other persons for the planting, cultivation, and harvesting
267	of agricultural crops in Florida.
268	(2)  The office shall arrange, through the Department of
269	Health, for the provision of the supplementary services set
270	forth in paragraph (1)(b) to the extent of available
271	appropriations. Such services may be provided through the use of
272	one or more traveling dispensaries, or by contract with
273	physicians, dentists, hospitals, or clinics, or in such manner
274	as may be recommended by the Department of Health.
275	Section 7.  Section 450.201, Florida Statutes, is amended
276	to read:
277	450.201  Legislative Commission on Migrant and Seasonal
278	Labor; membership; filling vacancies.--
279	(1)  There is created a permanent joint committee of the
280	Florida Legislature to be known as the Legislative Commission on
281	Migrant and Seasonal Labor, to be composed of three members of
282	the Senate, appointed by the President of the Senate, and three
283	members of the House of Representatives, appointed by the
284	Speaker of the House. One member from each house shall be a
285	member of the minority party. Any vacancy in the commission
286	shall be filled by the respective presiding officer from the
287	membership of the legislative body from which the vacancy
288	occurred. However, a member who ceases to be a member of the
289	legislative body from which appointed shall continue to be a
290	member of the commission until the next succeeding regular
291	session of the Legislature, at which the commission shall render
292	its report to the Legislature.
293	(2)  Appointments shall be made no later than March 1,
294	2005.
295	(3)  The first meeting of the commission shall be no later
296	than July 1, 2005.
297	Section 8.  Section 450.211, Florida Statutes, is amended
298	to read:
299	450.211  Advisory committee; membership.--The Legislative
300	Commission on Migrant and Seasonal Labor is authorized and
301	directed to establish an advisory committee, which shall contain
302	the following membership:
303	(1)  One member representing the Department of Community
304	Affairs.;
305	(2)  One member representing the Department of Health.;
306	(3)  One member representing the Department of Agriculture
307	and Consumer Services.;
308	(4)  One member representing the Department of Education.;
309	(5)  One member representing the Florida Farm Bureau
310	Federation.;
311	(6)  One member representing the Florida State Federated
312	Labor Council;
313	(6)(7)  One member representing the Florida Fruit and
314	Vegetable Association.;
315	(7)(8)  One member representing the Florida Citrus Mutual.
316	Citrus Industrial Council;
317	(8)(9)  One member representing the Executive Office of the
318	Governor. Florida Sugar Cane League;
319	(9)(10)  One member representing a not-for-profit entity
320	that provides social services for migrant workers Not fewer than
321	two or more than four other persons selected and appointed by
322	the commission.
323	(10)  Two members representing farmworkers.
324	(11)  One member representing migrant nonprofit housing
325	interests.
326	(12)  One member representing the Department of Business
327	and Professional Regulation.
328	(13)  One member representing the Agency for Workforce
329	Innovation.
330	(14)  One member representing the Department of Children
331	and Family Services.
332	Section 9.  Subsection (1) of section 450.221, Florida
333	Statutes, is amended to read:
334	450.221  Duties and authority.--
335	(1)  The duties and authority of the Legislative Commission
336	on Migrant and Seasonal Labor shall be:
337	(a)  To maintain a continuing consultative examination and
338	supervision of the migrant labor programs relating to living
339	conditions; health, housing, and sanitation; labor laws;
340	education; transportation safety; public assistance; and the
341	coordination of federal, state, and local programs administered
342	by agencies of the executive branch of Florida government;
343	(b)  To cooperate with the executive branch of state
344	government in developing improvements in existing programs in
345	order to discover and establish better coordination of migrant
346	labor programs;
347	(c)  To cooperate with commissions, agencies, and
348	committees of other states having similar responsibilities,
349	including participation in the Interstate Compact on Migrant
350	Labor hereinafter authorized; and
351	(d)  In cooperation with commissions, agencies, and
352	committees of other states having similar responsibilities, to
353	develop and enter into agreements for the establishment of
354	cooperative arrangements whereby migrant labor programs shall
355	have a continuing administration, application, and effectiveness
356	from state to state.
357	Section 10.  Section 450.231, Florida Statutes, is amended
358	to read:
359	450.231  Annual reports to Legislature.--The commission
360	shall report its findings, recommendations, and proposed
361	legislation to each regular session of the Legislature no later
362	than February 1 of each year beginning in 2006.
363	Section 11.  Section 450.261, Florida Statutes, is amended
364	to read:
365	450.261  Interstate Migrant Labor Commission; Florida
366	membership.--In selecting the Florida membership of the
367	Interstate Migrant Labor Commission, the Governor may designate
368	the secretary of the Department of Community Affairs as his or
369	her representative. The two legislative members shall be chosen
370	from among the members of the Legislative Commission on Migrant
371	and Seasonal Labor, and at least one of the two members
372	appointed by the Governor shall be chosen from among the members
373	of the advisory committee to that commission.
374	Section 12.  Section 450.27, Florida Statutes, is amended
375	to read:
376	450.27  Short title.--This part shall be known by the
377	popular name may be cited as the "Farm Labor Contractor
378	Registration Law."
379	Section 13.  Section 450.271, Florida Statutes, is amended
380	to read:
381	450.271  State administration of the Migrant and Seasonal
382	Agricultural Worker Protection Act.--The Department of Business
383	and Professional Regulation Labor and Employment Security may
384	enter into agreements with the Secretary of Labor of the United
385	States to authorize the department to administer within the
386	State of Florida the provisions of the Migrant and Seasonal
387	Agricultural Worker Protection Act of 1983, as amended.
388	Section 14.  Subsections (5) and (6) are added to section
389	450.28, Florida Statutes, to read:
390	450.28  Definitions.--
391	(5)  "Minor violation" means a violation of a specific
392	state or federal law or rule that does not present an imminent
393	threat to the health, safety, or welfare of any employee of a
394	farm labor contractor.
395	(6)  "Major violation" means a violation of a specific
396	state or federal law or rule that presents an imminent threat to
397	the health, safety, or welfare of any employee of a farm labor
398	contractor.
399	Section 15.  Subsections (6) and (7) of section 450.30,
400	Florida Statutes, are amended to read:
401	450.30  Requirement of certificate of registration;
402	education and examination program.--
403	(6)  The department shall require an applicant for renewal
404	of a certificate of registration to retake the examination only
405	if:
406	(a)  During the prior certification period, the department
407	issued a final order assessing a civil monetary penalty for a
408	major violation of this part or revoked or refused to renew or
409	issue a certificate of registration; or
410	(b)  The department determines that new requirements
411	related to the duties and responsibilities of a farm labor
412	contractor necessitate a new examination.
413	(7)  The department shall charge each applicant a $35 fee
414	for the education and examination program. Such fees shall be
415	deposited in the Professional Regulation Crew Chief Registration
416	Trust Fund.
417	Section 16.  Subsections (1) and (2) of section 450.31,
418	Florida Statutes, are amended, and subsections (5) and (6) are
419	added to said section, to read:
420	450.31  Issuance, revocation, and suspension of, and
421	refusal to issue or renew, certificate of registration.--
422	(1)  The department shall not issue to any person a
423	certificate of registration as a farm labor contractor, nor
424	shall it renew such certificate, until:
425	(a)  Such person has executed a written application
426	therefor in a form and pursuant to regulations prescribed by the
427	department and has submitted such information as the department
428	may prescribe.
429	(b)  Such person has obtained and holds a valid federal
430	certificate of registration as a farm labor contractor, or a
431	farm labor contractor employee, unless exempt by federal law.
432	(c)  Such person pays to the department, by cashier's check
433	in cash, certified check, or money order, a nonrefundable
434	application fee of $125 $75. Fees collected by the department
435	under this subsection shall be deposited in the State Treasury
436	into the Professional Regulation Crew Chief Registration Trust
437	Fund, which is hereby created, and shall be utilized for
438	administration of this part.
439	(d)  Such person has successfully taken and passed the farm
440	labor contractor examination.
441	(e)  Such person has designated an agent to receive service
442	of process and other official or legal documents. The agent must
443	be available during regular business hours, Monday through
444	Friday, to accept service on behalf of the farm labor
445	contractor.
446	(2)  The department may revoke, suspend, or refuse to issue
447	or renew any certificate of registration when it is shown that
448	the farm labor contractor has:
449	(a)  Violated or failed to comply with any provision of
450	this part or the rules adopted pursuant to this part s. 450.36.
451	(b)  Made any misrepresentation or false statement in his
452	or her application for a certificate of registration.
453	(c)  Given false or misleading information concerning
454	terms, conditions, or existence of employment to persons who are
455	recruited or hired to work on a farm.
456	(d)  A civil fine, assessed by the department, that remains
457	unpaid.
458	(e)  Failed to pay unemployment compensation taxes as
459	determined by the Agency for Workforce Innovation.
460	(f)  Been denied a federal certificate of registration as a
461	farm labor contractor or has had such certificate suspended or
462	revoked.
463	(g)  Failed to pay federal employee taxes as determined by
464	the Internal Revenue Service.
465	(5)  The department may permanently refuse to issue or
466	renew or may revoke the certificate of registration if such
467	applicant or certificateholder has been convicted within the
468	preceding 5 years of:
469	(a)  Any crime under state or federal law relating to
470	gambling, or to the sale, distribution, or possession of
471	alcoholic beverages, in connection with, or incident to, any
472	farm labor contracting activities; or
473	(b)  Any felony under state or federal law involving
474	robbery, bribery, extortion, embezzlement, grand larceny,
475	burglary, arson, violation of narcotics laws, murder, rape,
476	assault with intent to kill, assault that inflicts grievous
477	bodily injury, prostitution, peonage, or smuggling or harboring
478	individuals who have entered the country illegally.
479	(6)  Receipt and acceptance of a certificate of
480	registration as a farm labor contractor constitutes
481	unconditional permission for, and complete acquiescence to, any
482	inspection by department personnel of books, ledgers, and all
483	other documents that are related to the performance of farm
484	labor activities.
485	Section 17.  Section 450.321, Florida Statutes, is created
486	to read:
487	450.321  Best practices incentive program for farm labor
488	contractors.--
489	(1)  To promote compliance with this part, and to help the
490	public identify farm labor contractors who have demonstrated a
491	firm commitment to responsible and safe labor practices, the
492	department shall develop and implement a best practices program.
493	(2)  Farm labor contractors desiring designation as a best
494	practices farm labor contractor must meet requirements
495	established by the department. The designation is
496	nontransferable.
497	(3)  The department is authorized to enter into partnership
498	agreements with farm labor contractors to memorialize the
499	responsibilities of each party to the agreement regarding the
500	requirements to receive and maintain a best practices
501	designation. Recipients of a designation as a best practices
502	farm labor contractor may use this designation when soliciting
503	business, while the designation is in effect.
504	(4)  A designation as a best practices farm labor
505	contractor may be revoked if the department determines that the
506	recipient of the designation has failed to comply with any of
507	the requirements. Upon revocation, the recipient of the
508	designation must cease all solicitation using the best practices
509	farm labor contractor designation.
510	(5)  The unauthorized use of the designation as a best
511	practices farm labor contractor is prohibited. The grant of a
512	designation as a best practices farm labor contractor shall not
513	constitute endorsement of the recipient by the department, nor
514	may it be characterized as such.
515	(6)  In no event may the department be held liable in any
516	civil action for any damages resulting from the granting,
517	denying, suspending, or revoking of a designation as a best
518	practices farm labor contractor.
519	(7)  The department shall establish an incentive program
520	for farm labor contractors receiving best practices designation.
521	Section 18.  Subsection (10) of section 450.33, Florida
522	Statutes, is amended, and subsection (11) is added to said
523	section, to read:
524	450.33  Duties of farm labor contractor.--Every farm labor
525	contractor must:
526	(10)  Comply with all applicable statutes, rules, and
527	regulations of the United States and of the State of Florida for
528	the protection or benefit of labor, including, but not limited
529	to, those providing for wages, hours, fair labor standards,
530	social security, workers' compensation, unemployment
531	compensation, child labor, and transportation. The department
532	shall not suspend or revoke a certificate of registration
533	pursuant to this subsection unless:
534	(a)  A court or agency of competent jurisdiction renders a
535	judgment or other final decision that a violation of one of the
536	laws, rules, or regulations has occurred and, if invoked, the
537	appellate process is exhausted;
538	(b)  An administrative hearing pursuant to ss. 120.569 and
539	120.57 is held on the suspension or revocation and the
540	administrative law judge finds that a violation of one of the
541	laws, rules, or regulations has occurred and, if invoked, the
542	appellate process is exhausted; or
543	(c)  The holder of a certificate of registration stipulates
544	that a violation has occurred or defaults in the administrative
545	proceedings brought to suspend or revoke his or her
546	registration.
547	(11)  Maintain accurate daily field records for each
548	employee actually paid by the farm labor contractor reflecting
549	the hours worked for the farm labor contractor and, if paid by
550	unit, the number of units harvested and the amount paid per
551	unit.
552	Section 19.  Subsections (4) and (5) are added to section
553	450.34, Florida Statutes, to read:
554	450.34  Prohibited acts of farm labor contractor.--A
555	licensee may not:
556	(4)  Retaliate against any person because the person has
557	filed a complaint or aided an investigation pursuant to this
558	part.
559	(5)  Contract with or employ any person acting in the
560	capacity of a farm labor contractor, or performing activities
561	defined in s. 450.28(1), who does not have a current certificate
562	of registration issued by the department pursuant to the
563	requirements of this part.
564	Section 20.  Section 450.35, Florida Statutes, is amended
565	to read:
566	450.35  Certain contracts or employment prohibited.--It is
567	unlawful for any person to contract with or employ for the
568	employment of farm workers with any farm labor contractor as
569	defined in this act until the labor contractor displays to him
570	or her a current certificate of registration issued by the
571	department pursuant to the requirements of this part. A
572	violation of this section is subject to the penalty provided in
573	s. 450.38(1).
574	Section 21.  Section 450.37, Florida Statutes, is amended
575	to read:
576	450.37  Cooperation with federal and state agencies.--The
577	department shall, whenever appropriate, cooperate with any
578	federal agency. The department is authorized and empowered to
579	cooperate with and enter into agreements with any other agency
580	of this state for the purpose of carrying out the provisions of
581	this part and securing uniformity of regulations.
582	Section 22.  Section 450.38, Florida Statutes, is amended
583	to read:
584	450.38  Enforcement of farm labor contractor laws.--
585	(1)  Any person, firm, association, or corporation not
586	excluded under s. 450.29 who commits a minor violation violates
587	any provision of this part and, upon conviction, is guilty of
588	commits a misdemeanor of the second degree, is punishable as
589	provided in s. 775.082 or s. 775.083.
590	(2)  Any person, firm, association, or corporation who
591	commits a major violation of this part and, upon conviction, is
592	guilty of a felony of the third degree, is punishable as
593	provided in s. 775.082, s. 775.083, or s. 775.084.
594	(3)(2)  Any person who, on or after June 19, 1985, commits
595	a violation of this part or of any rule adopted thereunder may
596	be assessed a civil penalty of not more than $2,500 $1,000 for
597	each such violation. Such assessed penalties shall be paid by
598	cashier's check in cash, certified check, or money order and
599	shall be deposited into the General Revenue Fund. The department
600	shall not institute or maintain any administrative proceeding to
601	assess a civil penalty under this subsection when the violation
602	is the subject of a criminal indictment or information under
603	this section which results in a criminal penalty being imposed,
604	or of a criminal, civil, or administrative proceeding by the
605	United States government or an agency thereof which results in a
606	criminal or civil penalty being imposed. The department may
607	adopt rules prescribing the criteria to be used to determine the
608	amount of the civil penalty and to provide notification to
609	persons assessed a civil penalty under this section.
610	(4)(3)  Upon a complaint of the department being filed in
611	the circuit court of the county in which the farm labor
612	contractor resides or may be doing business, any farm labor
613	contractor who fails to obtain a certificate of registration as
614	required by this part may, in addition to such penalties, be
615	enjoined from engaging in any activity which requires the farm
616	labor contractor to possess a certificate of registration.
617	(5)(4)  For the purpose of any investigation or proceeding
618	conducted by the department, the secretary of the department or
619	the secretary's designee shall have the power to administer
620	oaths, take depositions, make inspections when authorized by
621	statute, issue subpoenas which shall be supported by affidavit,
622	serve subpoenas and other process, and compel the attendance of
623	witnesses and the production of books, papers, documents, and
624	other evidence. The secretary of the department or the
625	secretary's designee shall exercise this power on the
626	secretary's own initiative.
627	(6)  A farm labor contractor who commits a minor violation
628	of this part shall be issued a warning for the first violation.
629	A civil penalty in increments of $250 may be assessed for each
630	successive violation of a specific statute or rule of this part
631	within a 2-year period from the date of the first violation.
632	After reaching the $2,500 maximum amount of a cumulative fine
633	for minor violations, the certificate of registration may be
634	revoked.
635	(7)  A farm labor contractor who commits a major violation
636	of a specific statute or rule of this part shall be assessed a
637	civil penalty of at least $750 for the first violation, of at
638	least $1,500 for the second violation, and of not more than
639	$2,500 for the third such violation within a 2-year period from
640	the date of the first violation. The certificate of registration
641	may be revoked for the fourth such violation within a 2-year
642	period from the date of the first violation.

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