| 1 | The Economic Development, Trade & Banking Committee recommends |
| 2 | the following: |
| 3 |
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| 4 | Council/Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to labor pools; amending s. 448.24, F.S.; |
| 8 | providing a limit on the amount a labor pool may charge a |
| 9 | laborer for transportation to or from a designated |
| 10 | worksite; authorizing a labor pool to provide day laborers |
| 11 | with a method of obtaining cash from a cash-dispensing |
| 12 | machine; amending s. 448.23, F.S.; conforming a cross- |
| 13 | reference; creating s. 448.26, F.S.; providing for |
| 14 | application of pt. II of ch. 448, F.S., the Labor Pool |
| 15 | Act; providing an effective date. |
| 16 |
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| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
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| 19 | Section 1. Paragraph (b) of subsection (1) of section |
| 20 | 448.24, Florida Statutes, is amended, and subsection (7) is |
| 21 | added to that section, to read: |
| 22 | 448.24 Duties and rights.-- |
| 23 | (1) No labor pool shall charge a day laborer: |
| 24 | (b) More than a reasonable amount to transport a worker to |
| 25 | or from the designated worksite, but in no event shall the |
| 26 | amount exceed $1.50 each way the prevailing rate for public |
| 27 | transportation in the geographic area; or |
| 28 | (7) Nothing in this part precludes the labor pool from |
| 29 | providing a day laborer with a method of obtaining cash from a |
| 30 | cash-dispensing machine that is located on the premises of the |
| 31 | labor pool and is operated by the labor pool, or by an |
| 32 | affiliate, pursuant to chapter 560, if required, for a fee for |
| 33 | each transaction which may not exceed $1.99, provided: |
| 34 | (a) The labor pool offers payment in compliance with the |
| 35 | provisions of paragraph (2)(a). |
| 36 | (b) The day laborer voluntarily elects to accept payment |
| 37 | in cash after disclosure of the fee. |
| 38 | (c) The cash-dispensing machine requires affirmative |
| 39 | action by the day laborer with respect to imposition of the fee |
| 40 | and allows the day laborer to negate the transaction in lieu of |
| 41 | payment in compliance with paragraph (2)(a). |
| 42 | Section 2. Section 448.23, Florida Statutes, is amended to |
| 43 | read: |
| 44 | 448.23 Exclusions.--Except as specified in ss. s. |
| 45 | 448.22(1)(c) and 448.26, this part does not apply to: |
| 46 | (1) Business entities duly registered as farm labor |
| 47 | contractors pursuant to part III of chapter 450; |
| 48 | (2) Employee leasing companies, as defined in s. 468.520; |
| 49 | (3) Temporary help services engaged in supplying solely |
| 50 | white collar employees, secretarial employees, clerical |
| 51 | employees, or skilled laborers; |
| 52 | (4) Labor union hiring halls; or |
| 53 | (5) Labor bureau or employment offices operated by a |
| 54 | business entity for the sole purpose of employing an individual |
| 55 | for its own use. |
| 56 | Section 3. Section 448.26, Florida Statutes, is created to |
| 57 | read: |
| 58 | 448.26 Application.--Nothing in this part shall exempt any |
| 59 | client of any labor pool or temporary help arrangement entity as |
| 60 | defined in s. 468.520(4)(a) or any assigned employee from any |
| 61 | other license requirements of state, local, or federal law. Any |
| 62 | employee assigned to a client who is licensed, registered, or |
| 63 | certified pursuant to law shall be deemed an employee of the |
| 64 | client for such licensure purposes but shall remain an employee |
| 65 | of the labor pool or temporary help arrangement entity for |
| 66 | purposes of chapters 440 and 443. |
| 67 | Section 4. This act shall take effect July 1, 2006. |