Florida Senate - 2023                                    SB 1154
       
       
        
       By Senator Perry
       
       
       
       
       
       9-01931C-23                                           20231154__
    1                        A bill to be entitled                      
    2         An act relating to the Labor Pool Act; amending s.
    3         448.24, F.S.; providing that a labor pool satisfies
    4         certain requirements if its facilities meet the
    5         minimum requirements in the Florida Building Code and
    6         any local amendments thereto; authorizing a labor pool
    7         to provide drinking water in a specified manner;
    8         amending s. 448.25, F.S.; requiring an aggrieved
    9         worker to provide specified notice to a labor pool
   10         before bringing certain civil actions; authorizing a
   11         labor pool to cure alleged violations in a specified
   12         manner; requiring that a civil action be brought
   13         within a certain time period; specifying that certain
   14         remedies are exclusive; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Subsection (5) of section 448.24, Florida
   19  Statutes, is amended to read:
   20         448.24 Duties and rights.—
   21         (5) A labor pool that operates a labor hall must provide
   22  facilities for a worker waiting at the labor hall for a job
   23  assignment that include:
   24         (a) restroom facilities,.
   25         (b) drinking water, and.
   26         (c) sufficient seating. A labor pool satisfies this
   27  subsection if its labor hall facilities comply with all minimum
   28  requirements for public restrooms, drinking fountains, and
   29  seating in the Florida Building Code and any local amendments
   30  thereto. A labor pool may also provide drinking water through a
   31  water cooler dispenser, by offering bottled water, or by any
   32  other similar means.
   33         Section 2. Section 448.25, Florida Statutes, is amended to
   34  read:
   35         448.25 Remedies; damages; costs.—
   36         (1)(a) Any worker aggrieved by a violation of s. 448.24 has
   37  shall have the right to bring a civil action in a court of
   38  competent jurisdiction against the labor pool responsible for
   39  such violation.
   40         (b) Before bringing a civil action pursuant to this
   41  section, an aggrieved worker must give the labor pool a
   42  reasonable opportunity to cure the alleged violation. The
   43  aggrieved worker must serve the labor pool in accordance with s.
   44  48.081 with written notice of the alleged violation. Such notice
   45  must include a statement that failure by the labor pool to cure
   46  the alleged violation within 60 days after receipt of the notice
   47  may result in a civil action being filed against it in a court
   48  of competent jurisdiction. A labor pool may cure a violation
   49  relating to its labor hall facilities by modifying the alleged
   50  violation to comply with s. 448.24(5).
   51         (c) In any action commenced pursuant to this section part,
   52  the aggrieved worker is shall be entitled to recover actual and
   53  consequential damages, or $1,000, whichever is greater, for each
   54  violation of s. 448.24 this part, and costs.
   55         (2) A civil action brought under s. 448.24 must be filed
   56  within 1 year after the date the aggrieved worker serves written
   57  notice of the alleged violation on the labor pool.
   58         (3) The remedies provided by this part are not exclusive
   59  and shall not preclude the aggrieved worker from pursuing any
   60  other remedy at law or equity which the worker may have.
   61         Section 3. This act shall take effect July 1, 2023.