Florida Senate - 2024                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 49
       
       
       
       
       
       
                                Ì959110sÎ959110                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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               Floor: 1d/RE/3R         .                                
             03/07/2024 07:10 PM       .                                
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       Senator Trumbull moved the following:
       
    1         Senate Amendment to Amendment (736582) (with title
    2  amendment)
    3  
    4         Before line 5
    5  insert:
    6         Section 1. Section 448.106, Florida Statutes, is created to
    7  read:
    8         448.106 Workplace heat exposure requirements.—
    9         (1) As used in this section, the term:
   10         (a) “Competitive solicitation” means an invitation to bid,
   11  a request for proposals, or an invitation to negotiate.
   12         (b) “Heat exposure requirement” means a standard to control
   13  an employee’s exposure to heat or sun, or to otherwise address
   14  or moderate the effects of such exposure. The term includes, but
   15  is not limited to, standards relating to any of the following:
   16         1. Employee monitoring and protection.
   17         2. Water consumption.
   18         3. Cooling measures.
   19         4. Acclimation and recovery periods or practices.
   20         5. Posting or distributing notices or materials that inform
   21  employees how to protect themselves from heat exposure.
   22         6. Implementation and maintenance of heat exposure programs
   23  or training.
   24         7. Appropriate first-aid measures or emergency responses
   25  related to heat exposure.
   26         8. Protections for employees who report that they have
   27  experienced excessive heat exposure.
   28         9. Reporting and recordkeeping requirements.
   29         (c) “Political subdivision” means a county, municipality,
   30  department, commission, district, board, or other public body,
   31  whether corporate or otherwise, created by or under state law.
   32         (2)(a) A political subdivision may not establish, mandate,
   33  or otherwise require an employer, including an employer
   34  contracting to provide goods or services to the political
   35  subdivision, to meet or provide heat exposure requirements not
   36  otherwise required under state or federal law.
   37         (b) A political subdivision may not give preference in a
   38  competitive solicitation to an employer based on the employer’s
   39  heat exposure requirements and may not consider or seek
   40  information relating to the employer’s heat exposure
   41  requirements.
   42         (3) This section does not limit the authority of a
   43  political subdivision to establish or otherwise provide heat
   44  exposure requirements not otherwise required under state or
   45  federal law for direct employees of the political subdivision.
   46         (4) This section does not apply if it is determined that
   47  compliance with this section will prevent the distribution of
   48  federal funds to a political subdivision or would otherwise be
   49  inconsistent with federal requirements pertaining to receiving
   50  federal funds, but only to the extent necessary to allow a
   51  political subdivision to receive federal funds or to eliminate
   52  inconsistency with federal requirements.
   53  
   54  ================= T I T L E  A M E N D M E N T ================
   55  And the title is amended as follows:
   56         Delete line 91
   57  and insert:
   58         An act relating to employment; creating s. 448.106,
   59         F.S.; defining terms; prohibiting a political
   60         subdivision from requiring employers to meet or
   61         provide heat exposure requirements beyond those
   62         required by law; prohibiting a political subdivision
   63         from giving preference to or considering or seeking
   64         information from an employer in a competitive
   65         solicitation based on or relating to an employer’s
   66         heat exposure requirements; providing construction;
   67         providing applicability; amending