1 | A bill to be entitled |
2 | An act relating to labor pools; amending s. 448.24, F.S.; |
3 | providing a limit on the amount a labor pool may charge a |
4 | laborer for transportation to or from a designated |
5 | worksite; authorizing a labor pool to provide day laborers |
6 | with a method of obtaining cash from a cash-dispensing |
7 | machine; amending s. 448.23, F.S.; conforming a cross- |
8 | reference; creating s. 448.26, F.S.; providing for |
9 | application of pt. II of ch. 448, F.S., the Labor Pool |
10 | Act; providing an effective date. |
11 |
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12 | Be It Enacted by the Legislature of the State of Florida: |
13 |
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14 | Section 1. Subsection (1) of section 448.24, Florida |
15 | Statutes, is amended, and subsection (7) is added to that |
16 | section, to read: |
17 | 448.24 Duties and rights.-- |
18 | (1) No labor pool shall charge a day laborer for or in |
19 | violation of any of the following: |
20 | (a) For Safety equipment, clothing, accessories, or any |
21 | other items required by the nature of the work either by law, |
22 | custom, or as a requirement of the third-party user: |
23 | 1. This subsection shall not preclude the labor pool from |
24 | charging the day laborer the market value of items temporarily |
25 | provided to the worker by the labor pool, in the event that the |
26 | worker willfully fails to return such items to the labor pool.; |
27 | 2. For items other than those referenced in this |
28 | paragraph, which the labor pool makes available for purchase, |
29 | the day laborer shall be charged no more than the actual cost of |
30 | the item to the labor pool, or market value, whichever is less.; |
31 | (b) More than a reasonable amount to transport a worker to |
32 | or from the designated worksite, but in no event shall the |
33 | amount exceed $1.50 each way. the prevailing rate for public |
34 | transportation 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 |
38 | of cash, or commonly accepted negotiable instruments that are |
39 | payable in cash, on demand at a financial institution, and |
40 | without discount. |
41 | (7) Nothing in this part precludes the labor pool from |
42 | providing a day laborer with a method of obtaining cash from a |
43 | cash-dispensing machine that is located on the premises of the |
44 | labor pool and is operated by the labor pool, or by an |
45 | affiliate, pursuant to chapter 560, if required, for a fee for |
46 | each transaction which may not exceed $1.99, provided: |
47 | (a) The labor pool offers payment in compliance with the |
48 | provisions of paragraph (2)(a). |
49 | (b) The day laborer voluntarily elects to accept payment |
50 | in cash after disclosure of the fee. |
51 | (c) The cash-dispensing machine requires affirmative |
52 | action by the day laborer with respect to imposition of the fee |
53 | and allows the day laborer to negate the transaction in lieu of |
54 | payment in compliance with paragraph (2)(a). |
55 | Section 2. Section 448.23, Florida Statutes, is amended to |
56 | read: |
57 | 448.23 Exclusions.--Except as specified in ss. s. |
58 | 448.22(1)(c) and 448.26, this part does not apply to: |
59 | (1) Business entities duly registered as farm labor |
60 | contractors 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 |
63 | white collar employees, secretarial employees, clerical |
64 | employees, or skilled laborers; |
65 | (4) Labor union hiring halls; or |
66 | (5) Labor bureau or employment offices operated by a |
67 | business entity for the sole purpose of employing an individual |
68 | for its own use. |
69 | Section 3. Section 448.26, Florida Statutes, is created to |
70 | read: |
71 | 448.26 Application.--Nothing in this part shall exempt any |
72 | client of any labor pool or temporary help arrangement entity as |
73 | described in s. 468.520(4)(a) or any assigned employee from any |
74 | other license requirements of state, local, or federal law. Any |
75 | employee assigned to a client company, as defined in s. 468.520, |
76 | who is licensed, registered, or certified pursuant to law shall |
77 | be deemed an employee of the client company for such licensure |
78 | purposes but shall remain an employee of the labor pool or |
79 | temporary help arrangement entity for purposes of chapters 440 |
80 | and 443. |
81 | Section 4. This act shall take effect July 1, 2006. |