HB 1307CS

CHAMBER ACTION



1The Committee on Agriculture recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to agricultural and migrant labor;
7amending s. 381.008, F.S.; revising a definition; amending
8s. 381.0086, F.S.; requiring the Department of Health to
9adopt rules relating to residential migrant housing;
10providing guidelines for the filing of interstate
11clearance orders; amending s. 381.0087, F.S.; revising a
12provision relating to who may issue certain citations;
13requiring the department to provide notice of suspected
14violations; amending s. 403.088, F.S.; clarifying a
15provision relating to water pollution operation permits;
16amending s. 420.507, F.S.; requiring the Florida Housing
17Finance Corporation to utilize federal and state resources
18in a certain manner; amending s. 450.191, F.S.;
19authorizing and directing the Executive Office of the
20Governor to advise and consult on certain issues relating
21to migrant workers; directing the office to coordinate
22enforcement of certain provisions with the Department of
23Business and Professional Regulation; including farm labor
24contractors in the enforcement of certain laws;
25authorizing and directing the office to cooperate with the
26Agency for Workforce Innovation in the recruitment and
27referral of migrant workers and certain other laborers;
28amending s. 450.201, F.S.; providing a deadline for
29appointments to the Legislative Commission on Migrant
30Labor; providing a deadline for the commission's first
31meeting; amending s. 450.211, F.S.; revising the
32membership of the commission's advisory committee;
33amending s. 450.231, F.S.; providing a deadline for
34certain reports; amending s. 450.27, F.S.; providing a
35popular name; amending s. 450.271, F.S.; authorizing the
36department to enter into certain agreements with the
37Secretary of Labor of the United States; amending s.
38450.28, F.S.; providing definitions; amending s. 450.30,
39F.S.; revising requirements for retaking examinations for
40renewal of certificates of registration; requiring fees
41for certain programs to be deposited in the Professional
42Regulation Trust Fund; amending s. 450.31, F.S.; providing
43criteria for issuance or renewal of certificates of
44registration; authorizing payment for certificates of
45registration by cashier's check; increasing the
46application fee for such registration; requiring fees to
47be deposited in the Professional Regulation Trust Fund;
48providing criteria for revocation, suspension, or refusal
49to issue or renew certificates of registration; conforming
50a provision; providing criteria for permanent revocation
51or refusal to issue or renew certificates of registration;
52authorizing the department to inspect certain documents
53upon receipt and acceptance of a certificate of
54registration; creating s. 450.321, F.S.; creating the best
55practices incentive program for farm labor contractors;
56requiring farm labor contractors to meet certain
57requirements; authorizing the department to enter into
58certain partnership agreements; authorizing the department
59to revoke certain designations; prohibiting the
60unauthorized use of designations; limiting certain civil
61liability of the department; requiring the department to
62establish an incentive program; amending s. 450.33, F.S.;
63removing department requirements for the suspension or
64revocation of farm labor contractors' certificates of
65registration; requiring farm labor contractors to keep
66certain records; amending s. 450.34, F.S.; providing
67certain prohibited acts for farm labor contractors;
68amending s. 450.35, F.S.; prohibiting certain contracts or
69employment; providing a penalty; amending s. 450.37, F.S.;
70authorizing the department to enter into agreements with
71other state agencies for certain purposes; amending s.
72450.38, F.S.; providing civil and criminal penalties for
73minor and major violations; increasing certain civil
74penalties; authorizing payment of certain civil penalties
75by cashier's check; removing authorization to pay certain
76civil penalties by cash; increasing the scope of where a
77complaint may be filed; providing for a warning to
78contractors committing minor violations; providing civil
79penalties; authorizing the revocation of certificates of
80registration under certain circumstances; requiring the
81department to provide notice of suspected violations;
82creating s. 450.39, F.S.; providing guidelines for the
83sale of certain commodities to farmworkers; providing
84penalties; amending s. 487.011, F.S.; providing a popular
85name; amending ss. 487.012, 487.021, 487.025, 487.031,
86487.041, 487.0435, 487.045, 487.046, 487.047, 487.049,
87487.051, 487.0615, 487.071, 487.081, 487.091, 487.101,
88487.111, 487.13, 487.156, 487.159, 487.161, 487.163,
89487.171, and 487.175, F.S.; revising references to make
90the "Florida Pesticide Law" part I of ch. 487, F.S.;
91amending s. 482.242, F.S.; clarifying a provision relating
92to the labeling and registration of approved pesticides;
93creating s. 487.2011, F.S., the "Florida Agricultural
94Worker Safety Act"; providing for administration by the
95Department of Agriculture and Consumer Services; creating
96s. 487.2021, F.S.; providing legislative intent; creating
97s. 487.2031, F.S.; providing definitions; creating s.
98487.2041, F.S.; providing enforcement of federal worker
99protection regulations; creating s. 487.2051, F.S.;
100requiring agricultural employers to make certain pesticide
101information available; creating s. 487.2061, F.S.;
102prohibiting certain acts; creating s. 487.2071, F.S.;
103providing penalties; requiring monitoring and reporting of
104complaints; amending ss. 500.03 and 570.44, F.S.;
105clarifying provisions relating to the definition of the
106term "pesticide chemical" and duties of the Division of
107Agricultural Environmental Services, respectively;
108directing the Division of Statutory Revision to designate
109parts I and II of ch. 487, F.S.; providing an effective
110date.
111
112Be It Enacted by the Legislature of the State of Florida:
113
114     Section 1.  Subsection (8) of section 381.008, Florida
115Statutes, is amended to read:
116     381.008  Definitions of terms used in ss. 381.008-
117381.00897.--As used in ss. 381.008-381.00897, the following
118words and phrases mean:
119     (8)  "Residential migrant housing"--A building, structure,
120mobile home, barracks, or dormitory, and any combination thereof
121on adjacent property which is under the same ownership,
122management, or control, and the land appertaining thereto, that
123is rented or reserved for occupancy by five or more seasonal or
124migrant farmworkers, except:
125     (a)  Housing furnished as an incident of employment.
126     (b)  A single-family residence or mobile home dwelling unit
127that is occupied only by a single family and that is not under
128the same ownership, management, or control as other farmworker
129housing to which it is adjacent or contiguous.
130     (c)  A hotel, motel, or resort condominium, as defined in
131chapter 509, that is furnished for transient occupancy.
132     (d)  Any housing owned or operated by a public housing
133authority except for housing which is specifically provided for
134persons whose principal income is derived from agriculture.
135     Section 2.  Subsection (1) of section 381.0086, Florida
136Statutes, is amended, and subsection (6) is added to said
137section, to read:
138     381.0086  Rules; variances; penalties.--
139     (1)  The department shall adopt rules necessary to protect
140the health and safety of migrant farmworkers farm workers and
141other migrant labor camp or residential migrant housing
142occupants, including rules governing field sanitation
143facilities. These rules must include definitions of terms,
144provisions relating to plan review of the construction of new,
145expanded, or remodeled camps or residential migrant housing,
146sites, buildings and structures, personal hygiene facilities,
147lighting, sewage disposal, safety, minimum living space per
148occupant, bedding, food equipment, food storage and preparation,
149insect and rodent control, garbage, heating equipment, water
150supply, maintenance and operation of the camp, housing, or
151roads, and such other matters as the department finds to be
152appropriate or necessary to protect the life and health of the
153occupants. Housing operated by a public housing authority is
154exempt from the provisions of any administrative rule that
155conflicts with or is more stringent than the federal standards
156applicable to the housing.
157     (6)  For the purposes of filing an interstate clearance
158order with the Agency for Workforce Innovation, if the housing
159is covered by 20 C.F.R. part 654, subpart E, no permanent
160structural variance referred to in subsection (2) is allowed.
161     Section 3.  Subsections (1) and (6) of section 381.0087,
162Florida Statutes, are amended, and subsection (9) is added to
163said section, to read:
164     381.0087  Enforcement; citations.--
165     (1)  Department personnel or crew chief compliance officers
166employed by the Bureau of Compliance of the Florida Department
167of Labor and Employment Security may issue citations that
168contain an order of correction or an order to pay a fine, or
169both, for violations of ss. 381.008-381.00895 or the field
170sanitation facility rules adopted by the department when a
171violation of those sections or rules is enforceable by an
172administrative or civil remedy, or when a violation of those
173sections or rules is a misdemeanor of the second degree. A
174citation issued under this section constitutes a notice of
175proposed agency action. The recipient of a citation for a major
176deficiency, as defined by rule of the department, will be given
177a maximum of 48 hours to make satisfactory correction or
178demonstrate that provisions for correction are satisfactory.
179     (6)  Any person who willfully refuses to sign and accept a
180citation issued by the department commits or the Department of
181Labor and Employment Security is guilty of a misdemeanor of the
182second degree, punishable as provided in s. 775.082 or s.
183775.083.
184     (9)  The department shall provide notice of any suspected
185violations of any law to the appropriate entity.
186     Section 4.  Subsection (1) of section 403.088, Florida
187Statutes, is amended to read:
188     403.088  Water pollution operation permits; conditions.--
189     (1)  No person, without written authorization of the
190department, shall discharge into waters within the state any
191waste which, by itself or in combination with the wastes of
192other sources, reduces the quality of the receiving waters below
193the classification established for them. However, this section
194shall not be deemed to prohibit the application of pesticides to
195waters in the state for the control of insects, aquatic weeds,
196or algae, provided the application is performed pursuant to a
197program approved by the Department of Health, in the case of
198insect control, or the department, in the case of aquatic weed
199or algae control. The department is directed to enter into
200interagency agreements to establish the procedures for program
201approval. Such agreements shall provide for public health,
202welfare, and safety, as well as environmental factors. Approved
203programs must provide that only chemicals approved for the
204particular use by the United States Environmental Protection
205Agency or by the Department of Agriculture and Consumer Services
206may be employed and that they be applied in accordance with
207registered label instructions, state standards for such
208application, and the provisions of the Florida Pesticide Law,
209part I of chapter 487.
210     Section 5.  Subsection (33) of section 420.507, Florida
211Statutes, is amended to read:
212     420.507  Powers of the corporation.--The corporation shall
213have all the powers necessary or convenient to carry out and
214effectuate the purposes and provisions of this part, including
215the following powers which are in addition to all other powers
216granted by other provisions of this part:
217     (33)  To receive federal funding in connection with the
218corporation's programs directly from the Federal Government.
219Federal and state resources shall be utilized, to the extent
220feasible, in a manner that maximizes funding opportunities in
221the state.
222     Section 6.  Section 450.191, Florida Statutes, is amended
223to read:
224     450.191  Executive Office of the Governor; powers and
225duties.--
226     (1)  The Executive Office of the Governor is authorized and
227directed to:
228     (a)  Advise and consult with employers of migrant workers
229as to the ways and means of improving living conditions of
230migrant seasonal workers.;
231     (b)  Cooperate with the Department of Health in
232establishing minimum standards of preventive and curative health
233and of housing and sanitation in migrant labor camps and in
234making surveys to determine the adequacy of preventive and
235curative health services available to occupants of migrant labor
236camps.;
237     (c)  Provide coordination for the enforcement of ss.
238381.008-381.0088 and ss. 450.27-450.38.;
239     (d)  Cooperate with the Department of Business and
240Professional Regulation other departments of government in
241coordinating and enforcing all applicable labor laws, including,
242but not limited to, those relating to private employment
243agencies, child labor, wage payments, wage claims, and farm
244labor contractors. crew leaders;
245     (e)  Cooperate with the Department of Education to provide
246educational facilities for the children of migrant laborers.;
247     (f)  Cooperate with the Department of Highway Safety and
248Motor Vehicles to establish minimum standards for the
249transporting of migrant laborers.;
250     (g)  Cooperate with the Department of Agriculture and
251Consumer Services to conduct an education program for employers
252of migrant laborers pertaining to the standards, methods, and
253objectives of the office.;
254     (h)  Cooperate with the Department of Children and Family
255Services in coordinating all public assistance programs as they
256may apply to migrant laborers.;
257     (i)  Coordinate all federal, state, and local programs
258pertaining to migrant laborers.;
259     (j)  Cooperate with the Agency for Workforce Innovation
260farm labor office of the Department of Business and Professional
261Regulation in the recruitment and referral of migrant laborers
262and other persons for the planting, cultivation, and harvesting
263of agricultural crops in Florida.
264     (2)  The office shall arrange, through the Department of
265Health, for the provision of the supplementary services set
266forth in paragraph (1)(b) to the extent of available
267appropriations. Such services may be provided through the use of
268one or more traveling dispensaries, or by contract with
269physicians, dentists, hospitals, or clinics, or in such manner
270as may be recommended by the Department of Health.
271     Section 7.  Section 450.201, Florida Statutes, is amended
272to read:
273     450.201  Legislative Commission on Migrant Labor;
274membership; filling vacancies.--
275     (1)  There is created a permanent joint committee of the
276Florida Legislature to be known as the Legislative Commission on
277Migrant Labor, to be composed of three members of the Senate,
278appointed by the President of the Senate, and three members of
279the House of Representatives, appointed by the Speaker of the
280House. One member from each house shall be a member of the
281minority party. Any vacancy in the commission shall be filled by
282the respective presiding officer from the membership of the
283legislative body from which the vacancy occurred. However, a
284member who ceases to be a member of the legislative body from
285which appointed shall continue to be a member of the commission
286until the next succeeding regular session of the Legislature, at
287which the commission shall render its report to the Legislature.
288     (2)  Appointments shall be made no later than March 1,
2892005.
290     (3)  The first meeting of the commission shall be no later
291than July 1, 2005.
292     Section 8.  Section 450.211, Florida Statutes, is amended
293to read:
294     450.211  Advisory committee; membership.--The Legislative
295Commission on Migrant Labor is authorized and directed to
296establish an advisory committee, which shall contain the
297following membership:
298     (1)  One member representing the Department of Community
299Affairs.;
300     (2)  One member representing the Department of Health.;
301     (3)  One member representing the Department of Agriculture
302and Consumer Services.;
303     (4)  One member representing the Department of Education.;
304     (5)  One member representing the Florida Farm Bureau
305Federation.;
306     (6)  One member representing the Florida State Federated
307Labor Council;
308     (6)(7)  One member representing the Florida Fruit and
309Vegetable Association.;
310     (7)(8)  One member representing the Florida Citrus Mutual.
311Citrus Industrial Council;
312     (8)(9)  One member representing the Executive Office of the
313Governor. Florida Sugar Cane League;
314     (9)(10)  One member representing a not-for-profit entity
315that provides social services for migrant workers Not fewer than
316two or more than four other persons selected and appointed by
317the commission.
318     (10)  Two members representing farmworkers.
319     (11)  One member representing migrant nonprofit housing
320interests.
321     (12)  One member representing the Department of Business
322and Professional Regulation.
323     (13)  One member representing the Agency for Workforce
324Innovation.
325     (14)  One member representing the Department of Children
326and Family Services.
327     Section 9.  Section 450.231, Florida Statutes, is amended
328to read:
329     450.231  Annual reports to Legislature.--The commission
330shall report its findings, recommendations, and proposed
331legislation to each regular session of the Legislature no later
332than February 1 of each year beginning in 2006.
333     Section 10.  Section 450.27, Florida Statutes, is amended
334to read:
335     450.27  Short title.--This part shall be known by the
336popular name may be cited as the "Farm Labor Contractor
337Registration Law."
338     Section 11.  Section 450.271, Florida Statutes, is amended
339to read:
340     450.271  State administration of the Migrant and Seasonal
341Agricultural Worker Protection Act.--The Department of Business
342and Professional Regulation Labor and Employment Security may
343enter into agreements with the Secretary of Labor of the United
344States to authorize the department to administer within the
345State of Florida the provisions of the Migrant and Seasonal
346Agricultural Worker Protection Act of 1983, as amended.
347     Section 12.  Subsections (5) and (6) are added to section
348450.28, Florida Statutes, to read:
349     450.28  Definitions.--
350     (5)  "Minor violation" means a violation of a specific
351state or federal law or rule that does not present an imminent
352threat to the health, safety, or welfare of any employee of a
353farm labor contractor.
354     (6)  "Major violation" means a violation of a specific
355state or federal law or rule that presents an imminent threat to
356the health, safety, or welfare of any employee of a farm labor
357contractor.
358     Section 13.  Subsections (6) and (7) of section 450.30,
359Florida Statutes, are amended to read:
360     450.30  Requirement of certificate of registration;
361education and examination program.--
362     (6)  The department shall require an applicant for renewal
363of a certificate of registration to retake the examination only
364if:
365     (a)  During the prior certification period, the department
366issued a final order assessing a civil monetary penalty for a
367major violation of this part or revoked or refused to renew or
368issue a certificate of registration; or
369     (b)  The department determines that new requirements
370related to the duties and responsibilities of a farm labor
371contractor necessitate a new examination.
372     (7)  The department shall charge each applicant a $35 fee
373for the education and examination program. Such fees shall be
374deposited in the Professional Regulation Crew Chief Registration
375Trust Fund.
376     Section 14.  Subsections (1) and (2) of section 450.31,
377Florida Statutes, are amended, and subsections (5) and (6) are
378added to said section, to read:
379     450.31  Issuance, revocation, and suspension of, and
380refusal to issue or renew, certificate of registration.--
381     (1)  The department shall not issue to any person a
382certificate of registration as a farm labor contractor, nor
383shall it renew such certificate, until:
384     (a)  Such person has executed a written application
385therefor in a form and pursuant to regulations prescribed by the
386department and has submitted such information as the department
387may prescribe.
388     (b)  Such person has obtained and holds a valid federal
389certificate of registration as a farm labor contractor, or a
390farm labor contractor employee, unless exempt by federal law.
391     (c)  Such person pays to the department, by cashier's check
392in cash, certified check, or money order, a nonrefundable
393application fee of $125 $75. Fees collected by the department
394under this subsection shall be deposited in the State Treasury
395into the Professional Regulation Crew Chief Registration Trust
396Fund, which is hereby created, and shall be utilized for
397administration of this part.
398     (d)  Such person has successfully taken and passed the farm
399labor contractor examination.
400     (e)  Such person has designated an agent to receive service
401of process and other official or legal documents. The agent must
402be available during regular business hours, Monday through
403Friday, to accept service on behalf of the farm labor
404contractor.
405     (2)  The department may revoke, suspend, or refuse to issue
406or renew any certificate of registration when it is shown that
407the farm labor contractor has:
408     (a)  Violated or failed to comply with any provision of
409this part or the rules adopted pursuant to this part s. 450.36.
410     (b)  Made any misrepresentation or false statement in his
411or her application for a certificate of registration.
412     (c)  Given false or misleading information concerning
413terms, conditions, or existence of employment to persons who are
414recruited or hired to work on a farm.
415     (d)  A civil fine, assessed by the department, that remains
416unpaid.
417     (e)  Failed to pay unemployment compensation taxes as
418determined by the Agency for Workforce Innovation.
419     (f)  Been denied a federal certificate of registration as a
420farm labor contractor or has had such certificate suspended or
421revoked.
422     (g)  Failed to pay federal employee taxes as determined by
423the Internal Revenue Service.
424     (5)  The department may permanently refuse to issue or
425renew or may revoke the certificate of registration if such
426applicant or certificateholder has been convicted within the
427preceding 5 years of:
428     (a)  Any crime under state or federal law relating to
429gambling, or to the sale, distribution, or possession of
430alcoholic beverages, in connection with, or incident to, any
431farm labor contracting activities; or
432     (b)  Any felony under state or federal law involving
433robbery, bribery, extortion, embezzlement, grand larceny,
434burglary, arson, violation of narcotics laws, murder, rape,
435assault with intent to kill, assault that inflicts grievous
436bodily injury, prostitution, peonage, or smuggling or harboring
437individuals who have entered the country illegally.
438     (6)  Receipt and acceptance of a certificate of
439registration as a farm labor contractor constitutes
440unconditional permission for, and complete acquiescence to, any
441inspection by department personnel of books, ledgers, and all
442other documents that are related to the performance of farm
443labor activities.
444     Section 15.  Section 450.321, Florida Statutes, is created
445to read:
446     450.321  Best practices incentive program for farm labor
447contractors.--
448     (1)  To promote compliance with this part, and to help the
449public identify farm labor contractors who have demonstrated a
450firm commitment to responsible and safe labor practices, the
451department shall develop and implement a best practices program.
452     (2)  Farm labor contractors desiring designation as a best
453practices farm labor contractor must meet requirements
454established by the department. The designation is
455nontransferable.
456     (3)  The department is authorized to enter into partnership
457agreements with farm labor contractors to memorialize the
458responsibilities of each party to the agreement regarding the
459requirements to receive and maintain a best practices
460designation. Recipients of a designation as a best practices
461farm labor contractor may use this designation when soliciting
462business, while the designation is in effect.
463     (4)  A designation as a best practices farm labor
464contractor may be revoked if the department determines that the
465recipient of the designation has failed to comply with any of
466the requirements. Upon revocation, the recipient of the
467designation must cease all solicitation using the best practices
468farm labor contractor designation.  
469     (5)  The unauthorized use of the designation as a best
470practices farm labor contractor is prohibited. The grant of a
471designation as a best practices farm labor contractor shall not
472constitute endorsement of the recipient by the department, nor
473may it be characterized as such.
474     (6)  In no event may the department be held liable in any
475civil action for any damages resulting from the granting,
476denying, suspending, or revoking of a designation as a best
477practices farm labor contractor.
478     (7)  The department shall establish an incentive program
479for farm labor contractors receiving best practices designation.
480     Section 16.  Subsection (10) of section 450.33, Florida
481Statutes, is amended, and subsection (11) is added to said
482section, to read:
483     450.33  Duties of farm labor contractor.--Every farm labor
484contractor must:
485     (10)  Comply with all applicable statutes, rules, and
486regulations of the United States and of the State of Florida for
487the protection or benefit of labor, including, but not limited
488to, those providing for wages, hours, fair labor standards,
489social security, workers' compensation, unemployment
490compensation, child labor, and transportation. The department
491shall not suspend or revoke a certificate of registration
492pursuant to this subsection unless:
493     (a)  A court or agency of competent jurisdiction renders a
494judgment or other final decision that a violation of one of the
495laws, rules, or regulations has occurred and, if invoked, the
496appellate process is exhausted;
497     (b)  An administrative hearing pursuant to ss. 120.569 and
498120.57 is held on the suspension or revocation and the
499administrative law judge finds that a violation of one of the
500laws, rules, or regulations has occurred and, if invoked, the
501appellate process is exhausted; or
502     (c)  The holder of a certificate of registration stipulates
503that a violation has occurred or defaults in the administrative
504proceedings brought to suspend or revoke his or her
505registration.
506     (11)  Maintain accurate daily field records for each
507employee actually paid by the farm labor contractor reflecting
508the hours worked for the farm labor contractor and, if paid by
509unit, the number of units harvested and the amount paid per
510unit.
511     Section 17.  Subsections (4) and (5) are added to section
512450.34, Florida Statutes, to read:
513     450.34  Prohibited acts of farm labor contractor.--A
514licensee may not:
515     (4)  Retaliate against any person because the person has
516filed a complaint or aided an investigation pursuant to this
517part.
518     (5)  Contract with or employ any person acting in the
519capacity of a farm labor contractor, or performing activities
520defined in s. 450.28(1), who does not have a current certificate
521of registration issued by the department pursuant to the
522requirements of this part.
523     Section 18.  Section 450.35, Florida Statutes, is amended
524to read:
525     450.35  Certain contracts or employment prohibited.--It is
526unlawful for any person to contract with or employ for the
527employment of farm workers with any farm labor contractor as
528defined in this act until the labor contractor displays to him
529or her a current certificate of registration issued by the
530department pursuant to the requirements of this part. A
531violation of this section is subject to the penalty provided in
532s. 450.38(1).
533     Section 19.  Section 450.37, Florida Statutes, is amended
534to read:
535     450.37  Cooperation with federal and state agencies.--The
536department shall, whenever appropriate, cooperate with any
537federal agency. The department is authorized and empowered to
538cooperate with and enter into agreements with any other agency
539of this state for the purpose of carrying out the provisions of
540this part and securing uniformity of regulations.
541     Section 20.  Section 450.38, Florida Statutes, is amended
542to read:
543     450.38  Enforcement of farm labor contractor laws.--
544     (1)  Any person, firm, association, or corporation not
545excluded under s. 450.29 who commits a minor violation violates
546any provision of this part and, upon conviction, is guilty of
547commits a misdemeanor of the second degree, is punishable as
548provided in s. 775.082 or s. 775.083.
549     (2)  Any person, firm, association, or corporation who
550commits a major violation of this part and, upon conviction, is
551guilty of a felony of the third degree, is punishable as
552provided in s. 775.082, s. 775.083, or s. 775.084.
553     (3)(2)  Any person who, on or after June 19, 1985, commits
554a violation of this part or of any rule adopted thereunder may
555be assessed a civil penalty of not more than $2,000 $1,000 for
556each such violation. Such assessed penalties shall be paid by
557cashier's check in cash, certified check, or money order and
558shall be deposited into the General Revenue Fund. The department
559shall not institute or maintain any administrative proceeding to
560assess a civil penalty under this subsection when the violation
561is the subject of a criminal indictment or information under
562this section which results in a criminal penalty being imposed,
563or of a criminal, civil, or administrative proceeding by the
564United States government or an agency thereof which results in a
565criminal or civil penalty being imposed. The department may
566adopt rules prescribing the criteria to be used to determine the
567amount of the civil penalty and to provide notification to
568persons assessed a civil penalty under this section.
569     (4)(3)  Upon a complaint of the department being filed in
570the circuit court of the county in which the farm labor
571contractor resides or may be doing business, any farm labor
572contractor who fails to obtain a certificate of registration as
573required by this part may, in addition to such penalties, be
574enjoined from engaging in any activity which requires the farm
575labor contractor to possess a certificate of registration.
576     (5)(4)  For the purpose of any investigation or proceeding
577conducted by the department, the secretary of the department or
578the secretary's designee shall have the power to administer
579oaths, take depositions, make inspections when authorized by
580statute, issue subpoenas which shall be supported by affidavit,
581serve subpoenas and other process, and compel the attendance of
582witnesses and the production of books, papers, documents, and
583other evidence. The secretary of the department or the
584secretary's designee shall exercise this power on the
585secretary's own initiative.
586     (6)  A farm labor contractor who commits a minor violation
587of this part shall be issued a warning for the first violation.
588A civil penalty in increments of $250 may be assessed for each
589successive violation of a specific statute or rule of this part
590within a 2-year period from the date of the first violation.
591After reaching the $2,500 maximum amount of a cumulative fine
592for minor violations, the certificate of registration may be
593revoked.
594     (7)  A farm labor contractor who commits a major violation
595of a specific statute or rule of this part shall be assessed a
596civil penalty of at least $750 for the first violation, of at
597least $1,500 for the second violation, and of not more than
598$2,500 for the third such violation within a 2-year period from
599the date of the first violation. The certificate of registration
600may be revoked for the fourth such violation within a 2-year
601period from the date of the first violation. 


CODING: Words stricken are deletions; words underlined are additions.