HB 219

1
A bill to be entitled
2An act relating to labor pools; amending s. 448.24, F.S.;
3providing a limit on the amount a labor pool may charge a
4laborer for transportation to or from a designated
5worksite; authorizing a labor pool to provide day laborers
6with a method of obtaining cash from a cash-dispensing
7machine; amending s. 448.23, F.S.; conforming a cross-
8reference; creating s. 448.26, F.S.; providing for
9application of pt. II of ch. 448, F.S., the Labor Pool
10Act; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Subsection (1) of section 448.24, Florida
15Statutes, is amended, and subsection (7) is added to that
16section, to read:
17     448.24  Duties and rights.--
18     (1)  No labor pool shall charge a day laborer for or in
19violation of any of the following:
20     (a)  For Safety equipment, clothing, accessories, or any
21other items required by the nature of the work either by law,
22custom, or as a requirement of the third-party user:
23     1.  This subsection shall not preclude the labor pool from
24charging the day laborer the market value of items temporarily
25provided to the worker by the labor pool, in the event that the
26worker willfully fails to return such items to the labor pool.;
27     2.  For items other than those referenced in this
28paragraph, which the labor pool makes available for purchase,
29the day laborer shall be charged no more than the actual cost of
30the item to the labor pool, or market value, whichever is less.;
31     (b)  More than a reasonable amount to transport a worker to
32or from the designated worksite, but in no event shall the
33amount exceed $1.50 each way. the prevailing rate for public
34transportation in the geographic area; or
35     (c)  For Directly or indirectly cashing a worker's check.
36     (2)  A labor pool shall:
37     (a)  Compensate day laborers for work performed in the form
38of cash, or commonly accepted negotiable instruments that are
39payable in cash, on demand at a financial institution, and
40without discount.
41     (7)  Nothing in this part precludes the labor pool from
42providing a day laborer with a method of obtaining cash from a
43cash-dispensing machine that is located on the premises of the
44labor pool and is operated by the labor pool, or by an
45affiliate, pursuant to chapter 560, if required, for a fee for
46each transaction which may not exceed $1.99, provided:
47     (a)  The labor pool offers payment in compliance with the
48provisions of paragraph (2)(a).
49     (b)  The day laborer voluntarily elects to accept payment
50in cash after disclosure of the fee.
51     (c)  The cash-dispensing machine requires affirmative
52action by the day laborer with respect to imposition of the fee
53and allows the day laborer to negate the transaction in lieu of
54payment in compliance with paragraph (2)(a).
55     Section 2.  Section 448.23, Florida Statutes, is amended to
56read:
57     448.23  Exclusions.--Except as specified in ss. s.
58448.22(1)(c) and 448.26, this part does not apply to:
59     (1)  Business entities duly registered as farm labor
60contractors pursuant to part III of chapter 450;
61     (2)  Employee leasing companies, as defined in s. 468.520;
62     (3)  Temporary help services engaged in supplying solely
63white collar employees, secretarial employees, clerical
64employees, or skilled laborers;
65     (4)  Labor union hiring halls; or
66     (5)  Labor bureau or employment offices operated by a
67business entity for the sole purpose of employing an individual
68for its own use.
69     Section 3.  Section 448.26, Florida Statutes, is created to
70read:
71     448.26  Application.--Nothing in this part shall exempt any
72client of any labor pool or temporary help arrangement entity as
73described in s. 468.520(4)(a) or any assigned employee from any
74other license requirements of state, local, or federal law. Any
75employee assigned to a client company, as defined in s. 468.520,
76who is licensed, registered, or certified pursuant to law shall
77be deemed an employee of the client company for such licensure
78purposes but shall remain an employee of the labor pool or
79temporary help arrangement entity for purposes of chapters 440
80and 443.
81     Section 4.  This act shall take effect July 1, 2006.


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