Senate Bill sb1166c1
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Florida Senate - 2006 CS for SB 1166
By the Committee on Commerce and Consumer Services; and
Senator Bennett
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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.
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14 Be It Enacted by the Legislature of the State of Florida:
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16 Section 1. Paragraph (b) of subsection (1) of section
17 448.24, Florida Statutes, is amended, and subsection (7) is
18 added to that section, to read:
19 448.24 Duties and rights.--
20 (1) No labor pool shall charge a day laborer:
21 (b) More than a reasonable amount to transport a
22 worker to or from the designated worksite, but in no event
23 shall the amount exceed $1.50 each way the prevailing rate for
24 public transportation in the geographic area; or
25 (7) Nothing in this part precludes the labor pool from
26 providing a day laborer with a method of obtaining cash from a
27 cash-dispensing machine that is located on the premises of the
28 labor pool and is operated by the labor pool, or by an
29 affiliate, pursuant to chapter 560, if required, for a fee for
30 each transaction which may not exceed $1.99, provided:
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Florida Senate - 2006 CS for SB 1166
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1 (a) The labor pool offers payment in compliance with
2 the provisions of paragraph (2)(a).
3 (b) The day laborer voluntarily elects to accept
4 payment in cash after disclosure of the fee.
5 (c) The cash-dispensing machine requires affirmative
6 action by the day laborer with respect to imposition of the
7 fee and allows the day laborer to negate the transaction in
8 lieu of payment in compliance with paragraph (2)(a).
9 Section 2. Section 448.23, Florida Statutes, is
10 amended to read:
11 448.23 Exclusions.--Except as specified in ss. s.
12 448.22(1)(c) and 448.26, this part does not apply to:
13 (1) Business entities duly registered as farm labor
14 contractors pursuant to part III of chapter 450;
15 (2) Employee leasing companies, as defined in s.
16 468.520;
17 (3) Temporary help services engaged in supplying
18 solely white collar employees, secretarial employees, clerical
19 employees, or skilled laborers;
20 (4) Labor union hiring halls; or
21 (5) Labor bureau or employment offices operated by a
22 business entity for the sole purpose of employing an
23 individual for its own use.
24 Section 3. Section 448.26, Florida Statutes, is
25 created to read:
26 448.26 Application.--Nothing in this part shall exempt
27 any client of any labor pool or temporary help arrangement
28 entity as defined in s. 468.520(4)(a) or any assigned employee
29 from any other license requirements of state, local, or
30 federal law. Any employee assigned to a client who is
31 licensed, registered, or certified pursuant to law shall be
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Florida Senate - 2006 CS for SB 1166
577-1706-06
1 deemed an employee of the client for such licensure purposes
2 but shall remain an employee of the labor pool or temporary
3 help arrangement entity for purposes of chapters 440 and 443.
4 Section 4. This act shall take effect July 1, 2006.
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6 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
7 Senate Bill 1166
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9 This committee substitute makes minor changes to conform the
bill to its companion, HB 219.
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