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: 61 448.27 Definitions.—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: 170 448.275 Safety 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: 192 448.28 Quota 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: 262 448.29 Recordkeeping.— 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: 286 448.31 Right 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: 319 448.32 Adverse 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: 347 448.33 Enforcement.— 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: 380 448.335 Inspections; 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: 396 448.34 Reporting.—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: 412 448.35 Rulemaking.—The department shall adopt rules to 413 implement the provisions of this part. 414 Section 12. This act shall take effect July 1, 2025.