Senate Bill sb1166

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 1166

    By Senator Bennett

    21-897-06                                           See HB 219

  1                      A bill to be entitled

  2         An act relating to labor pools; amending s.

  3         448.24, F.S.; providing a limit on the amount a

  4         labor pool may charge a laborer for

  5         transportation to or from a designated

  6         worksite; authorizing a labor pool to provide

  7         day laborers with a method of obtaining cash

  8         from a cash-dispensing machine; amending s.

  9         448.23, F.S.; conforming a cross-reference;

10         creating s. 448.26, F.S.; providing for

11         application of pt. II of ch. 448, F.S., the

12         Labor Pool Act; providing an effective date.


14  Be It Enacted by the Legislature of the State of Florida:


16         Section 1.  Subsection (1) of section 448.24, Florida

17  Statutes, is amended, paragraph (a) of subsection (2) of that

18  section is reenacted, and subsection (7) is added to that

19  section, to read:

20         448.24  Duties and rights.--

21         (1)  No labor pool shall charge a day laborer for or in

22  violation of any of the following:

23         (a)  For Safety equipment, clothing, accessories, or

24  any other items required by the nature of the work either by

25  law, custom, or as a requirement of the third-party user.:

26         1.  This subsection shall not preclude the labor pool

27  from charging the day laborer the market value of items

28  temporarily provided to the worker by the labor pool, in the

29  event that the worker willfully fails to return such items to

30  the labor pool.;



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

    Florida Senate - 2006                                  SB 1166
    21-897-06                                           See HB 219

 1         2.  For items other than those referenced in this

 2  paragraph, which the labor pool makes available for purchase,

 3  the day laborer shall be charged no more than the actual cost

 4  of the item to the labor pool, or market value, whichever is

 5  less.;

 6         (b)  More than a reasonable amount to transport a

 7  worker to or from the designated worksite, but in no event

 8  shall the amount exceed $1.50 each way. the prevailing rate

 9  for public transportation in the geographic area; or

10         (c)  For Directly or indirectly cashing a worker's

11  check.

12         (2)  A labor pool shall:

13         (a)  Compensate day laborers for work performed in the

14  form of cash, or commonly accepted negotiable instruments that

15  are payable in cash, on demand at a financial institution, and

16  without discount.

17         (7)  Nothing in this part precludes the labor pool from

18  providing a day laborer with a method of obtaining cash from a

19  cash-dispensing machine that is located on the premises of the

20  labor pool and is operated by the labor pool, or by an

21  affiliate, pursuant to chapter 560, if required, for a fee for

22  each transaction, which may not exceed $1.99, provided:

23         (a)  The labor pool offers payment in compliance with

24  the provisions of paragraph (2)(a).

25         (b)  The day laborer voluntarily elects to accept

26  payment in cash after disclosure of the fee.

27         (c)  The cash-dispensing machine requires affirmative

28  action by the day laborer with respect to imposition of the

29  fee and allows the day laborer to negate the transaction in

30  lieu of payment in compliance with paragraph (2)(a).



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

    Florida Senate - 2006                                  SB 1166
    21-897-06                                           See HB 219

 1         Section 2.  Section 448.23, Florida Statutes, is

 2  amended to read:

 3         448.23  Exclusions.--Except as specified in ss. s.

 4  448.22(1)(c) and 448.26, this part does not apply to:

 5         (1)  Business entities duly registered as farm labor

 6  contractors pursuant to part III of chapter 450;

 7         (2)  Employee leasing companies, as defined in s.

 8  468.520;

 9         (3)  Temporary help services engaged in supplying

10  solely white collar employees, secretarial employees, clerical

11  employees, or skilled laborers;

12         (4)  Labor union hiring halls; or

13         (5)  Labor bureau or employment offices operated by a

14  business entity for the sole purpose of employing an

15  individual for its own use.

16         Section 3.  Section 448.26, Florida Statutes, is

17  created to read:

18         448.26  Application.--Nothing in this part shall exempt

19  any client of any labor pool or temporary help arrangement

20  entity as described in s. 468.520(4)(a) or any assigned

21  employee from any other license requirements of state, local,

22  or federal law. Any employee assigned to a client company, as

23  defined in s. 468.520, who is licensed, registered, or

24  certified pursuant to law shall be deemed an employee of the

25  client company for such licensure purposes but shall remain an

26  employee of the labor pool or temporary help arrangement

27  entity for purposes of chapters 440 and 443.

28         Section 4.  This act shall take effect July 1, 2006.





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