SB 1150                                          First Engrossed
       
       
       
       
       
       
       
       
       20101150e1
       
    1                        A bill to be entitled                      
    2         An act relating to registration of farm labor
    3         contractors and employees; amending s. 450.28, F.S.;
    4         defining the term “timely application for renewal”;
    5         amending s. 450.31, F.S.; requiring the renewal of
    6         farm labor contractor and employee certificates of
    7         registration under certain circumstances; requiring
    8         the Department of Business and Professional Regulation
    9         to suspend, revoke, or refuse to issue or renew
   10         certificates of registration under certain
   11         circumstances; providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (7) is added to section 450.28,
   16  Florida Statutes, to read:
   17         450.28 Definitions.—
   18         (7) “Timely application for renewal” means the application
   19  for a federal certificate of registration as a farm labor
   20  contractor, or a farm labor contractor employee, is filed, as
   21  defined by federal law, with the United States Department of
   22  Labor at least 30 days before its expiration date.
   23         Section 2. Paragraph (b) of subsection (1) and subsection
   24  (2) of section 450.31, Florida Statutes, are amended,
   25  subsections (3) through (7) are renumbered as subsections (4)
   26  through (8), respectively, and a new subsection (3) is added to
   27  that section, to read:
   28         450.31 Issuance, revocation, and suspension of, and refusal
   29  to issue or renew, certificate of registration.—
   30         (1) The department shall not issue to any person a
   31  certificate of registration as a farm labor contractor, nor
   32  shall it renew such certificate, until:
   33         (b) Such person has obtained and holds a valid federal
   34  certificate of registration as a farm labor contractor, or a
   35  farm labor contractor employee, unless exempt by federal law.
   36  However, the department shall renew a certificate of
   37  registration after such person’s federal certificate of
   38  registration expires if such person files a timely application
   39  for renewal with the United States Department of Labor.
   40         (2) The department may revoke, suspend, or refuse to issue
   41  or renew any certificate of registration when it is shown that
   42  the farm labor contractor has:
   43         (a) Violated or failed to comply with any provision of this
   44  part or the rules adopted pursuant to this part;
   45         (b) Made any misrepresentation or false statement in his or
   46  her application for a certificate of registration;
   47         (c) Given false or misleading information concerning terms,
   48  conditions, or existence of employment to persons who are
   49  recruited or hired to work on a farm;
   50         (d) Been assessed a civil fine by the department for which
   51  payment is overdue;
   52         (e) Failed to pay unemployment compensation taxes as
   53  determined by the Agency for Workforce Innovation; or
   54         (f) Been denied, or had suspended or revoked, a federal
   55  certificate of registration as a farm labor contractor; or
   56         (f)(g) Failed to pay federal employee taxes as determined
   57  by the Internal Revenue Service.
   58         (3) The department shall suspend, revoke, or refuse to
   59  issue or renew a certificate of registration upon receipt of a
   60  final order of suspension, revocation, or refusal to issue or
   61  renew the federal certificate of registration from the United
   62  States Department of Labor.
   63         Section 3. This act shall take effect July 1, 2010.