Florida Senate - 2025                                    SB 1706
       
       
        
       By Senator Smith
       
       
       
       
       
       17-01546-25                                           20251706__
    1                        A bill to be entitled                      
    2         An act relating to the warehouse distribution centers;
    3         creating s. 448.27, F.S.; providing definitions;
    4         creating s. 448.275, F.S.; requiring certain employers
    5         to establish and administer a safety committee;
    6         requiring the employer to select the members of such
    7         committee; requiring the safety committee to meet
    8         regularly; providing an exception; authorizing the
    9         Secretary of the Department of Commerce to issue
   10         citations under certain circumstances; creating s.
   11         448.28, F.S.; requiring an employer to provide a
   12         specified written description to each employee within
   13         a specified time period; requiring an employer to take
   14         certain actions if there is a change to a quota
   15         requirement; providing that an employee is not
   16         required to meet quotas under certain circumstances;
   17         providing requirements for the time period considered
   18         in a quota; requiring an employer to provide certain
   19         employees with specified information; authorizing the
   20         Department of Commerce to adopt rules; creating s.
   21         448.29, F.S.; requiring an employer to establish,
   22         maintain, and preserve specified records on each
   23         employee; requiring the employer to maintain such
   24         records for a specified time period; requiring an
   25         employer to make all records available to the
   26         secretary upon request; providing construction;
   27         creating s. 448.31, F.S.; authorizing certain persons
   28         to request specified information from an employer;
   29         requiring the employer to provide such records at no
   30         cost; specifying the timeframe in which the employer
   31         must provide such records; providing construction and
   32         applicability; creating s. 448.32, F.S.; prohibiting a
   33         person from taking specified adverse personnel action
   34         against an employee for exercising certain rights;
   35         providing applicability; providing a rebuttable
   36         presumption; creating s. 448.33, F.S.; authorizing the
   37         secretary to enforce this part; authorizing certain
   38         persons to bring an action for a violation of this
   39         part; providing for reasonable attorney fees and
   40         costs; authorizing the court to grant certain
   41         injunctive relief, restitution, and other damages;
   42         imposing a penalty for a specified amount; requiring
   43         an employer to post a certain notice; creating s.
   44         448.335, F.S.; requiring the secretary to open an
   45         investigation on an employer under certain
   46         circumstances; requiring the employer to hold safety
   47         committee meetings for a specified time period;
   48         creating s. 448.34, F.S.; requiring the secretary to
   49         submit a specified report to the Legislature by a date
   50         certain; creating s. 448.35, F.S.; requiring the
   51         department to adopt rules; providing an effective
   52         date.
   53          
   54  Be It Enacted by the Legislature of the State of Florida:
   55  
   56         Section 1. Part III of chapter 448, Florida Statutes,
   57  consisting of ss. 448.27 through 448.35, is created and entitled
   58  the “Warehouse Worker Protection Act.”
   59         Section 2. Section 448.27, Florida Statutes, is created to
   60  read:
   61         448.27Definitions.—As used in this part, the term:
   62         (1)“Adverse personnel action” means the discharge,
   63  suspension, transfer, or demotion of an employee or the
   64  withholding of bonuses, the reduction in salary or benefits, or
   65  any other adverse action taken against an employee within the
   66  terms and conditions of employment by an employer.
   67         (2)“Aggregated work speed data” means information that an
   68  employer has combined or collected together in summary or some
   69  other form such that the data does not identify a specific
   70  employee.
   71         (3)“Defined time period” means any unit of time
   72  measurement equal to or less than the duration of an employee’s
   73  shift, including, but not limited to, hours, minutes, seconds,
   74  and any fraction thereof.
   75         (4)“Department” means the Department of Commerce.
   76         (5)“Designated employee representative” means any
   77  representative designated by an employee, including, but not
   78  limited to, an authorized employee representative or bargaining
   79  agent, who has a collective bargaining relationship with an
   80  employer.
   81         (6)“Employee” means a nonexempt employee who works at a
   82  warehouse distribution center and is subject to a quota.
   83         (7)“Employer” means a person who directly or indirectly,
   84  or through an agent or any other person, including the services
   85  of a third-party employer, staffing agency, independent
   86  contractor, or other similar entity, at any time in the
   87  preceding 12 months employs, retains, or exercises control over
   88  the wages, hours, or working conditions of at least 100
   89  employees at a single warehouse distribution center or 500 or
   90  more employees at one or more warehouse distribution centers in
   91  this state.
   92         (a)The term includes a member of a controlled group of
   93  corporations of which the employer is a member and all such
   94  employers are jointly responsible for compliance with this part.
   95         (b)For purposes of this subsection, the term “controlled
   96  group of corporations” means any of the following groups:
   97         1.A parent-subsidiary controlled group, which is one or
   98  more chains of corporations connected through stock ownership
   99  with a common parent corporation if:
  100         a.Stock possessing at least 50 percent of the total
  101  combined voting power of all classes of stock entitled to vote
  102  or at least 50 percent of the total value of shares of all
  103  classes of stock of each of the corporations, except the common
  104  parent corporation, is owned by one or more other corporations.
  105         b.The common parent corporation owns stock possessing at
  106  least 50 percent of the total combined voting power of all
  107  classes of stock entitled to vote or at least 50 percent of the
  108  total value of shares of all classes of stock of at least one of
  109  the other corporations, excluding, in computing such voting
  110  power or value, stock owned directly by such other corporations.
  111         2.A brother-sister controlled group, which is two or more
  112  corporations in which five or fewer persons who are individuals,
  113  estates, or trusts own stock possessing more than 50 percent of
  114  the total combined voting power of all classes of stock entitled
  115  to vote or more than 50 percent of the total value of shares of
  116  all classes of stock of each corporation, taking into account
  117  the stock ownership of such person, estate, or trust only to the
  118  extent such stock ownership is identical with respect to each
  119  corporation.
  120         3.A combined group, which is three or more corporations,
  121  each of which is a member of a group of corporations described
  122  in subparagraph 1. or subparagraph 2., and one of which is a
  123  common parent corporation included in a group of corporations
  124  described in subparagraph 1. and is included in a group of
  125  corporations described in subparagraph 2.
  126         (8)“Person” means an individual, corporation, partnership,
  127  limited partnership, limited liability partnership, limited
  128  liability company, business trust, estate, trust, association,
  129  joint venture, agency, instrumentality, or any other legal or
  130  commercial entity, whether domestic or foreign.
  131         (9)“Personal work speed data” means information an
  132  employer collects, stores, analyzes, or interprets relating to
  133  the performance of work by an employee for a quota, including,
  134  but not limited to, all of the following information:
  135         (a)Quantities of tasks performed by the employee.
  136         (b)Quantities of items or materials handled or produced by
  137  the employee.
  138         (c)Rate or speed times of tasks performed by the employee.
  139         (d)Measurements or metrics of employee performance in
  140  relation to a quota.
  141         (e)Time categorized with respect to the employee as
  142  performing tasks or not performing tasks.
  143         (10)“Quota” means a performance standard or performance
  144  target under which:
  145         (a)An employee is assigned or required, within a defined
  146  time period, to perform a quantified number of tasks or at a
  147  specified productivity speed or to handle or produce a
  148  quantified amount of material without a certain number of errors
  149  or defects, as measured at the individual or group level, within
  150  a defined time period;
  151         (b)An employee’s actions are categorized and measured
  152  between time performing tasks and not performing tasks within a
  153  day; or
  154         (c)An employee’s performance is ranked in relation to the
  155  performance of other employees.
  156         (11)“Secretary” means the Secretary of the Department of
  157  Commerce.
  158         (12)“Warehouse distribution center” means an establishment
  159  as defined by any of the following North American Industry
  160  Classification System codes regardless of how such establishment
  161  is denominated:
  162         (a)Code 423 for merchant wholesalers and durable goods;
  163         (b)Code 424 for merchant wholesalers and nondurable goods;
  164         (c)Code 493 for warehousing and storage;
  165         (d)Code 454110 for electronic shopping and mail-order
  166  houses; or
  167         (e)Code 492110 for couriers and express delivery services.
  168         Section 3. Section 448.275, Florida Statutes, is created to
  169  read:
  170         448.275Safety committees.—
  171         (1)An employer with more than 25 employees must establish
  172  and administer a safety committee.
  173         (2)An employer with 25 or fewer employees must establish
  174  and administer a safety committee if:
  175         (a)The employer has a lost workday cases incidence rate in
  176  the top 10 percent of all rates for employers in the same
  177  industry; or
  178         (b)The workers’ compensation premium classification
  179  assigned to the greatest portion of the payroll for the employer
  180  has a pure premium rate as reported by the National Council on
  181  Compensation Insurance in the top 25 percent of premium rates
  182  for all classes.
  183         (3)The employer shall select the members of the safety
  184  committee. The safety committee must hold regularly scheduled
  185  meetings unless otherwise provided in a collective bargaining
  186  agreement.
  187         (4)An employer that fails to establish or administer a
  188  safety committee as required by this section may be issued a
  189  citation by the secretary.
  190         Section 4. Section 448.28, Florida Statutes, is created to
  191  read:
  192         448.28Quota requirements; protections.—
  193         (1)An employer must provide to each employee, upon hire or
  194  within 30 days after July 1, 2025, a written description of all
  195  of the following:
  196         (a)Each quota to which the employee is subject, including
  197  the quantified number of tasks to be performed or materials to
  198  be produced or handled, within the defined time period.
  199         (b)Any potential adverse personnel action that could
  200  result from a failure to meet the quota.
  201         (c)Any incentives or bonus programs associated with
  202  meeting or exceeding the quota.
  203         (2)If there is a change to the quota requirement, the
  204  employer must:
  205         (a)Notify each employee who the change will affect about
  206  the change verbally and in writing as soon as practicable and
  207  before the employee is subject to the new quota requirements.
  208         (b)Within 2 business days after a change in the quota
  209  requirements, provide each employee with an updated written
  210  description of each quota to which the employee is subject.
  211         (3)The written description required under this section
  212  must be easy to understand and written in plain language in each
  213  employee’s preferred language.
  214         (4)An employee is not required to meet a quota that:
  215         (a)Has not been previously disclosed to the employee;
  216         (b)Prevents compliance with state and federal laws
  217  regarding an employee’s meal time, rest period, or bathroom
  218  breaks;
  219         (c)Measures total output over an increment of time that is
  220  shorter than 1 day;
  221         (d)Ranks employees in relation to the performance of other
  222  employees; or
  223         (e)Measures and categorizes increments of time within
  224  which an employee is performing tasks and those during which an
  225  employee is not performing tasks.
  226         (5)The defined time period considered in a quota,
  227  including time designated as productive time or time on task,
  228  must include all of the following:
  229         (a)Time for rest periods and reasonable travel time to
  230  designated locations for such rest periods.
  231         (b)Reasonable travel time to onsite locations designated
  232  for meal breaks. Meal breaks are not considered time on task or
  233  productive time unless the employer requires the employee to
  234  remain on duty on the premises, at a prescribed worksite in the
  235  interest of the employer, or if the employee is required to
  236  remain on call.
  237         (c)Time to perform any activity required by the employer
  238  to complete the work subject to the quota.
  239         (d)Reasonable travel time to the restroom facilities and
  240  time to use such facilities.
  241         (e)Time to take any actions necessary for the employee to
  242  exercise the employee’s right to a safe and healthy workplace
  243  pursuant to state or federal law, including, but not limited to,
  244  the time it takes to access tools or safety equipment necessary
  245  to perform the employee’s duties.
  246  
  247  When determining reasonable travel time, an employer must take
  248  into consideration the architecture and geography of the
  249  warehouse distribution center and the location within such
  250  center that the employee is located.
  251         (6)If an employer takes an adverse personnel action
  252  against an employee, in whole or in part, for failure to meet a
  253  quota, the employer must provide such employee with his or her
  254  personal quota requirement and personal work speed data that was
  255  the basis, in whole or in part, for the adverse personnel
  256  action.
  257         (7)The department may adopt rules relating to the format
  258  and language access requirements for the written description
  259  required by this section.
  260         Section 5. Section 448.29, Florida Statutes, is created to
  261  read:
  262         448.29Recordkeeping.—
  263         (1)Each employer shall establish, maintain, and preserve a
  264  contemporaneous, true, and accurate record for each employee
  265  that includes all of the following information:
  266         (a)Each employee’s personal work speed data.
  267         (b)The aggregated work speed data for similar employees at
  268  the same worksite.
  269         (c)The written description of each employee’s quota
  270  requirements.
  271         (2)An employer must maintain the records listed in
  272  subsection (1) throughout the duration of each employee’s
  273  employment and make such records available to any personnel or
  274  enforcement agency upon request.
  275         (3)After an employee leaves the employment of an employer,
  276  the employer must maintain the records listed in subsection (1),
  277  for the 6 months before the employee’s separation, for a minimum
  278  of 3 years after the date of the employee’s separation.
  279         (4)An employer must make all records available to the
  280  secretary upon request.
  281         (5)This section does not require an employer to maintain
  282  such records if the employer does not use or maintain quotas or
  283  monitor or maintain personal work data speed.
  284         Section 6. Section 448.31, Florida Statutes, is created to
  285  read:
  286         448.31Right to request records.—
  287         (1)A current employee or designated employee
  288  representative may request a written description of each quota
  289  to which the employee is subject, a copy of the employee’s
  290  personal work speed data, and a copy of the aggregated work
  291  speed data of similar employees at the same worksite from the
  292  previous 6 months.
  293         (2)A former employee or designated employee representative
  294  may request within 3 years after the date of the employee’s
  295  separation from employment, a written description of each quota
  296  to which the employee was subject as of the date of his or her
  297  separation, a copy of the employee’s personal work speed data
  298  for the 6 months before the employee’s date of separation, and a
  299  copy of aggregated work speed data for the 6 months before the
  300  employee’s date of separation for similar employees at the same
  301  worksite.
  302         (3)Records requested under this section must be provided
  303  at no cost to the current or former employee or designated
  304  employee representative.
  305         (4)An employer must provide the requested records as soon
  306  as practicable, but no later than:
  307         (a)For the written description of the employee’s quota, 2
  308  business days after the employer receives the request for
  309  records.
  310         (b)For requested personal work speed data and aggregated
  311  work speed data, 7 business days after the employer receives the
  312  request for records.
  313         (5)This section does not require an employer to use quotas
  314  or to monitor personal or aggregated work speed data. This
  315  section does not apply to employers who do not use quotas or
  316  monitor personal or aggregated work speed data.
  317         Section 7. Section 448.32, Florida Statutes, is created to
  318  read:
  319         448.32Adverse personnel action.—
  320         (1)A person may not discharge or in any way retaliate,
  321  discriminate, or take adverse personnel action against an
  322  employee for exercising his or her rights under this part,
  323  including but not limited to:
  324         (a)Initiating a request for information about a quota or
  325  personal work speed data pursuant to s. 448.31.
  326         (b)Filing a complaint alleging a violation of this part to
  327  the secretary; the employer; or any local, state, or federal
  328  government agency or official.
  329         (2)An employee does not need to explicitly refer to this
  330  part or the rights enumerated herein to be protected from an
  331  adverse personnel action. The protections of this part apply to
  332  former employees and to employees who in good faith allege
  333  violations of this part.
  334         (3)There is a rebuttable presumption that an employer
  335  violated this section if the employer takes any adverse
  336  personnel action against an employee within 90 days after the
  337  employee engaged in or attempted to engage in activities
  338  protected by this part. To rebut this presumption, an employer
  339  must prove by clear and convincing evidence that:
  340         (a)The adverse personnel action was taken for other
  341  permissible reasons.
  342         (b)The employee’s engagement or attempted engagement in
  343  activities protected by this part was not a motivating factor in
  344  the adverse personnel action.
  345         Section 8. Section 448.33, Florida Statutes, is created to
  346  read:
  347         448.33Enforcement.—
  348         (1)The secretary is authorized to enforce this part and
  349  assess administrative penalties consistent with state law.
  350         (2)A current or former employee, the Attorney General, a
  351  state attorney, or a city attorney may bring an action for a
  352  violation of this part. The court shall award damages and
  353  reasonable attorney fees and costs to the prevailing party.
  354         (3)If a current or former employee alleges that the
  355  required quota prevented compliance with applicable local,
  356  state, or federal workplace or health and safety regulations,
  357  the court shall issue injunctive relief to suspend the quota
  358  requirements and may grant restitution to the employee.
  359         (4)In an action alleging an employer took adverse
  360  personnel action against an employee for exercising his or her
  361  rights under this part, the court shall award a prevailing
  362  plaintiff damages equal to $10,000 or three times the
  363  plaintiff’s actual damages, including, but not limited to,
  364  unpaid wages and benefits, whichever is more.
  365         (5)In a successful action brought against an employer, the
  366  court may:
  367         (a)Impose a penalty for failure to disclose a quota or
  368  personal work speed data in violation of s. 448.28 or s. 448.31.
  369  The penalty amount is a minimum of $100 per employee per pay
  370  period in which an employee was required to work under the
  371  undisclosed quota or personal work speed data.
  372         (b)Require the employer to post a notice on the worksite
  373  explaining an employee’s rights under this part, including what
  374  constitutes a permissible quota; the right to request quota and
  375  personal work speed data; the right to file a complaint with the
  376  secretary, Attorney General, state attorney, or city attorney;
  377  and the right to file a court action.
  378         Section 9. Section 448.335, Florida Statutes, is created to
  379  read:
  380         448.335Inspections; safety committee meetings.—
  381         (1)If, based on data reported to the Occupational Safety
  382  and Health Administration, a particular worksite or employer is
  383  found to have an employee incidence rate in a given year that is
  384  at least 30 percent higher than that year’s average incidence
  385  rate for the relevant North American Industry Classification
  386  System codes, the secretary must open an investigation into
  387  potential violations of this part by the employer.
  388         (2)If the secretary opens an investigation into an
  389  employer under subsection (1), for the next 2 consecutive years,
  390  the employer must hold monthly safety committee meetings until
  391  the worksite or employer no longer has an incidence rate that is
  392  30 percent higher than the average yearly incidence rate for the
  393  relevant North American Industry Classification System codes.
  394         Section 10. Section 448.34, Florida Statutes, is created to
  395  read:
  396         448.34Reporting.—By January 1, 2026, the secretary shall
  397  submit a report to the President of the Senate and the Speaker
  398  of the House of Representatives which includes all of the
  399  following information:
  400         (1)The number of complaints filed with the secretary for
  401  violations of this part.
  402         (2)The number of warehouse distribution centers that have
  403  an employee injury rate that is above the industry standard for
  404  the previous year and any information the secretary has
  405  collected about the quota requirements in those warehouse
  406  distribution centers.
  407         (3)The number of investigations the secretary has
  408  conducted and the number of enforcement actions that have been
  409  initiated per employer.
  410         Section 11. Section 448.35, Florida Statutes, is created to
  411  read:
  412         448.35Rulemaking.—The department shall adopt rules to
  413  implement the provisions of this part.
  414         Section 12. This act shall take effect July 1, 2025.