2 | The Committee on State Administration recommends the following: |
3 |
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4 | Committee Substitute |
5 | Remove the entire bill and insert: |
6 | A bill to be entitled |
7 | An act relating to agricultural and migrant labor; |
8 | amending s. 381.008, F.S.; revising a definition; amending |
9 | s. 381.0086, F.S.; requiring the Department of Health to |
10 | adopt rules relating to residential migrant housing; |
11 | providing guidelines for the filing of interstate |
12 | clearance orders; amending s. 381.0087, F.S.; revising a |
13 | provision relating to who may issue certain citations; |
14 | requiring the department to provide notice of suspected |
15 | violations; amending s. 403.088, F.S.; clarifying a |
16 | provision relating to water pollution operation permits; |
17 | amending s. 420.507, F.S.; requiring the Florida Housing |
18 | Finance Corporation to utilize federal and state resources |
19 | in a certain manner; amending s. 450.191, F.S.; |
20 | authorizing and directing the Executive Office of the |
21 | Governor to advise and consult on certain issues relating |
22 | to migrant workers; directing the office to coordinate |
23 | enforcement of certain provisions with the Department of |
24 | Business and Professional Regulation; including farm labor |
25 | contractors in the enforcement of certain laws; |
26 | authorizing and directing the office to cooperate with the |
27 | Agency for Workforce Innovation in the recruitment and |
28 | referral of migrant workers and certain other laborers; |
29 | amending s. 450.201, F.S.; renaming the Legislative |
30 | Commission on Migrant Labor as the Legislative Commission |
31 | on Migrant and Seasonal Labor; providing a deadline for |
32 | appointments to the commission; providing a deadline for |
33 | the commission's first meeting; amending s. 450.211, F.S.; |
34 | revising the membership of the commission's advisory |
35 | committee; amending s. 450.221, F.S.; conforming |
36 | terminology; amending s. 450.231, F.S.; providing a |
37 | deadline for certain reports; amending s. 450.261, F.S.; |
38 | conforming terminology; amending s. 450.27, F.S.; |
39 | providing a popular name; amending s. 450.271, F.S.; |
40 | authorizing the department to enter into certain |
41 | agreements with the Secretary of Labor of the United |
42 | States; amending s. 450.28, F.S.; providing definitions; |
43 | amending s. 450.30, F.S.; revising requirements for |
44 | retaking examinations for renewal of certificates of |
45 | registration; requiring fees for certain programs to be |
46 | deposited in the Professional Regulation Trust Fund; |
47 | amending s. 450.31, F.S.; providing criteria for issuance |
48 | or renewal of certificates of registration; authorizing |
49 | payment for certificates of registration by cashier's |
50 | check; increasing the application fee for such |
51 | registration; requiring fees to be deposited in the |
52 | Professional Regulation Trust Fund; providing criteria for |
53 | revocation, suspension, or refusal to issue or renew |
54 | certificates of registration; conforming a provision; |
55 | providing criteria for permanent revocation or refusal to |
56 | issue or renew certificates of registration; authorizing |
57 | the department to inspect certain documents upon receipt |
58 | and acceptance of a certificate of registration; creating |
59 | s. 450.321, F.S.; creating the best practices incentive |
60 | program for farm labor contractors; requiring farm labor |
61 | contractors to meet certain requirements; authorizing the |
62 | department to enter into certain partnership agreements; |
63 | authorizing the department to revoke certain designations; |
64 | prohibiting the unauthorized use of designations; limiting |
65 | certain civil liability of the department; requiring the |
66 | department to establish an incentive program; amending s. |
67 | 450.33, F.S.; removing department requirements for the |
68 | suspension or revocation of farm labor contractors' |
69 | certificates of registration; requiring farm labor |
70 | contractors to keep certain records; amending s. 450.34, |
71 | F.S.; providing certain prohibited acts for farm labor |
72 | contractors; amending s. 450.35, F.S.; prohibiting certain |
73 | contracts or employment; providing a penalty; amending s. |
74 | 450.37, F.S.; authorizing the department to enter into |
75 | agreements with other state agencies for certain purposes; |
76 | amending s. 450.38, F.S.; providing civil and criminal |
77 | penalties for minor and major violations; increasing |
78 | certain civil penalties; authorizing payment of certain |
79 | civil penalties by cashier's check; removing authorization |
80 | to pay certain civil penalties by cash; increasing the |
81 | scope of where a complaint may be filed; providing for a |
82 | warning to contractors committing minor violations; |
83 | providing civil penalties; authorizing the revocation of |
84 | certificates of registration under certain circumstances; |
85 | requiring the department to provide notice of suspected |
86 | violations; creating s. 450.39, F.S.; providing guidelines |
87 | for the sale of certain commodities to farmworkers; |
88 | providing penalties; amending s. 487.011, F.S.; providing |
89 | a popular name; amending ss. 487.012, 487.021, 487.025, |
90 | 487.031, 487.041, 487.0435, 487.045, 487.046, 487.047, |
91 | 487.049, 487.051, 487.0615, 487.071, 487.081, 487.091, |
92 | 487.101, 487.111, 487.13, 487.156, 487.159, 487.161, |
93 | 487.163, 487.171, and 487.175, F.S.; revising references |
94 | to make the "Florida Pesticide Law" part I of ch. 487, |
95 | F.S.; amending s. 482.242, F.S.; clarifying a provision |
96 | relating to the labeling and registration of approved |
97 | pesticides; creating s. 487.2011, F.S., the "Florida |
98 | Agricultural Worker Safety Act"; providing for |
99 | administration by the Department of Agriculture and |
100 | Consumer Services; creating s. 487.2021, F.S.; providing |
101 | legislative intent; creating s. 487.2031, F.S.; providing |
102 | definitions; creating s. 487.2041, F.S.; providing |
103 | enforcement of federal worker protection regulations; |
104 | creating s. 487.2051, F.S.; requiring agricultural |
105 | employers to make certain pesticide information available; |
106 | creating s. 487.2061, F.S.; prohibiting certain acts; |
107 | creating s. 487.2071, F.S.; providing penalties; requiring |
108 | monitoring and reporting of complaints; amending ss. |
109 | 500.03 and 570.44, F.S.; clarifying provisions relating to |
110 | the definition of the term "pesticide chemical" and duties |
111 | of the Division of Agricultural Environmental Services, |
112 | respectively; directing the Division of Statutory Revision |
113 | to designate parts I and II of ch. 487, F.S.; providing an |
114 | effective date. |
115 |
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116 | Be It Enacted by the Legislature of the State of Florida: |
117 |
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118 | Section 1. Subsection (8) of section 381.008, Florida |
119 | Statutes, is amended to read: |
120 | 381.008 Definitions of terms used in ss. 381.008- |
121 | 381.00897.--As used in ss. 381.008-381.00897, the following |
122 | words and phrases mean: |
123 | (8) "Residential migrant housing"--A building, structure, |
124 | mobile home, barracks, or dormitory, and any combination thereof |
125 | on adjacent property which is under the same ownership, |
126 | management, or control, and the land appertaining thereto, that |
127 | is rented or reserved for occupancy by five or more seasonal or |
128 | migrant farmworkers, except: |
129 | (a) Housing furnished as an incident of employment. |
130 | (b) A single-family residence or mobile home dwelling unit |
131 | that is occupied only by a single family and that is not under |
132 | the same ownership, management, or control as other farmworker |
133 | housing to which it is adjacent or contiguous. |
134 | (c) A hotel, motel, or resort condominium, as defined in |
135 | chapter 509, that is furnished for transient occupancy. |
136 | (d) Any housing owned or operated by a public housing |
137 | authority except for housing which is specifically provided for |
138 | persons whose principal income is derived from agriculture. |
139 | Section 2. Subsection (1) of section 381.0086, Florida |
140 | Statutes, is amended, and subsection (6) is added to said |
141 | section, to read: |
142 | 381.0086 Rules; variances; penalties.-- |
143 | (1) The department shall adopt rules necessary to protect |
144 | the health and safety of migrant farmworkers farm workers and |
145 | other migrant labor camp or residential migrant housing |
146 | occupants, including rules governing field sanitation |
147 | facilities. These rules must include definitions of terms, |
148 | provisions relating to plan review of the construction of new, |
149 | expanded, or remodeled camps or residential migrant housing, |
150 | sites, buildings and structures, personal hygiene facilities, |
151 | lighting, sewage disposal, safety, minimum living space per |
152 | occupant, bedding, food equipment, food storage and preparation, |
153 | insect and rodent control, garbage, heating equipment, water |
154 | supply, maintenance and operation of the camp, housing, or |
155 | roads, and such other matters as the department finds to be |
156 | appropriate or necessary to protect the life and health of the |
157 | occupants. Housing operated by a public housing authority is |
158 | exempt from the provisions of any administrative rule that |
159 | conflicts with or is more stringent than the federal standards |
160 | applicable to the housing. |
161 | (6) For the purposes of filing an interstate clearance |
162 | order with the Agency for Workforce Innovation, if the housing |
163 | is covered by 20 C.F.R. part 654, subpart E, no permanent |
164 | structural variance referred to in subsection (2) is allowed. |
165 | Section 3. Subsections (1) and (6) of section 381.0087, |
166 | Florida Statutes, are amended, and subsection (9) is added to |
167 | said section, to read: |
168 | 381.0087 Enforcement; citations.-- |
169 | (1) Department personnel or crew chief compliance officers |
170 | employed by the Bureau of Compliance of the Florida Department |
171 | of Labor and Employment Security may issue citations that |
172 | contain an order of correction or an order to pay a fine, or |
173 | both, for violations of ss. 381.008-381.00895 or the field |
174 | sanitation facility rules adopted by the department when a |
175 | violation of those sections or rules is enforceable by an |
176 | administrative or civil remedy, or when a violation of those |
177 | sections or rules is a misdemeanor of the second degree. A |
178 | citation issued under this section constitutes a notice of |
179 | proposed agency action. The recipient of a citation for a major |
180 | deficiency, as defined by rule of the department, will be given |
181 | a maximum of 48 hours to make satisfactory correction or |
182 | demonstrate that provisions for correction are satisfactory. |
183 | (6) Any person who willfully refuses to sign and accept a |
184 | citation issued by the department commits or the Department of |
185 | Labor and Employment Security is guilty of a misdemeanor of the |
186 | second degree, punishable as provided in s. 775.082 or s. |
187 | 775.083. |
188 | (9) The department shall provide notice of any suspected |
189 | violations of any law to the appropriate entity. |
190 | Section 4. Subsection (1) of section 403.088, Florida |
191 | Statutes, is amended to read: |
192 | 403.088 Water pollution operation permits; conditions.-- |
193 | (1) No person, without written authorization of the |
194 | department, shall discharge into waters within the state any |
195 | waste which, by itself or in combination with the wastes of |
196 | other sources, reduces the quality of the receiving waters below |
197 | the classification established for them. However, this section |
198 | shall not be deemed to prohibit the application of pesticides to |
199 | waters in the state for the control of insects, aquatic weeds, |
200 | or algae, provided the application is performed pursuant to a |
201 | program approved by the Department of Health, in the case of |
202 | insect control, or the department, in the case of aquatic weed |
203 | or algae control. The department is directed to enter into |
204 | interagency agreements to establish the procedures for program |
205 | approval. Such agreements shall provide for public health, |
206 | welfare, and safety, as well as environmental factors. Approved |
207 | programs must provide that only chemicals approved for the |
208 | particular use by the United States Environmental Protection |
209 | Agency or by the Department of Agriculture and Consumer Services |
210 | may be employed and that they be applied in accordance with |
211 | registered label instructions, state standards for such |
212 | application, and the provisions of the Florida Pesticide Law, |
213 | part I of chapter 487. |
214 | Section 5. Subsection (33) of section 420.507, Florida |
215 | Statutes, is amended to read: |
216 | 420.507 Powers of the corporation.--The corporation shall |
217 | have all the powers necessary or convenient to carry out and |
218 | effectuate the purposes and provisions of this part, including |
219 | the following powers which are in addition to all other powers |
220 | granted by other provisions of this part: |
221 | (33) To receive federal funding in connection with the |
222 | corporation's programs directly from the Federal Government. |
223 | Federal and state resources shall be utilized, to the extent |
224 | feasible, in a manner that maximizes funding opportunities in |
225 | the state. |
226 | Section 6. Section 450.191, Florida Statutes, is amended |
227 | to read: |
228 | 450.191 Executive Office of the Governor; powers and |
229 | duties.-- |
230 | (1) The Executive Office of the Governor is authorized and |
231 | directed to: |
232 | (a) Advise and consult with employers of migrant workers |
233 | as to the ways and means of improving living conditions of |
234 | migrant seasonal workers.; |
235 | (b) Cooperate with the Department of Health in |
236 | establishing minimum standards of preventive and curative health |
237 | and of housing and sanitation in migrant labor camps and in |
238 | making surveys to determine the adequacy of preventive and |
239 | curative health services available to occupants of migrant labor |
240 | camps.; |
241 | (c) Provide coordination for the enforcement of ss. |
242 | 381.008-381.0088 and ss. 450.27-450.38.; |
243 | (d) Cooperate with the Department of Business and |
244 | Professional Regulation other departments of government in |
245 | coordinating and enforcing all applicable labor laws, including, |
246 | but not limited to, those relating to private employment |
247 | agencies, child labor, wage payments, wage claims, and farm |
248 | labor contractors. crew leaders; |
249 | (e) Cooperate with the Department of Education to provide |
250 | educational facilities for the children of migrant laborers.; |
251 | (f) Cooperate with the Department of Highway Safety and |
252 | Motor Vehicles to establish minimum standards for the |
253 | transporting of migrant laborers.; |
254 | (g) Cooperate with the Department of Agriculture and |
255 | Consumer Services to conduct an education program for employers |
256 | of migrant laborers pertaining to the standards, methods, and |
257 | objectives of the office.; |
258 | (h) Cooperate with the Department of Children and Family |
259 | Services in coordinating all public assistance programs as they |
260 | may apply to migrant laborers.; |
261 | (i) Coordinate all federal, state, and local programs |
262 | pertaining to migrant laborers.; |
263 | (j) Cooperate with the Agency for Workforce Innovation |
264 | farm labor office of the Department of Business and Professional |
265 | Regulation in the recruitment and referral of migrant laborers |
266 | and other persons for the planting, cultivation, and harvesting |
267 | of agricultural crops in Florida. |
268 | (2) The office shall arrange, through the Department of |
269 | Health, for the provision of the supplementary services set |
270 | forth in paragraph (1)(b) to the extent of available |
271 | appropriations. Such services may be provided through the use of |
272 | one or more traveling dispensaries, or by contract with |
273 | physicians, dentists, hospitals, or clinics, or in such manner |
274 | as may be recommended by the Department of Health. |
275 | Section 7. Section 450.201, Florida Statutes, is amended |
276 | to read: |
277 | 450.201 Legislative Commission on Migrant and Seasonal |
278 | Labor; membership; filling vacancies.-- |
279 | (1) There is created a permanent joint committee of the |
280 | Florida Legislature to be known as the Legislative Commission on |
281 | Migrant and Seasonal Labor, to be composed of three members of |
282 | the Senate, appointed by the President of the Senate, and three |
283 | members of the House of Representatives, appointed by the |
284 | Speaker of the House. One member from each house shall be a |
285 | member of the minority party. Any vacancy in the commission |
286 | shall be filled by the respective presiding officer from the |
287 | membership of the legislative body from which the vacancy |
288 | occurred. However, a member who ceases to be a member of the |
289 | legislative body from which appointed shall continue to be a |
290 | member of the commission until the next succeeding regular |
291 | session of the Legislature, at which the commission shall render |
292 | its report to the Legislature. |
293 | (2) Appointments shall be made no later than March 1, |
294 | 2005. |
295 | (3) The first meeting of the commission shall be no later |
296 | than July 1, 2005. |
297 | Section 8. Section 450.211, Florida Statutes, is amended |
298 | to read: |
299 | 450.211 Advisory committee; membership.--The Legislative |
300 | Commission on Migrant and Seasonal Labor is authorized and |
301 | directed to establish an advisory committee, which shall contain |
302 | the following membership: |
303 | (1) One member representing the Department of Community |
304 | Affairs.; |
305 | (2) One member representing the Department of Health.; |
306 | (3) One member representing the Department of Agriculture |
307 | and Consumer Services.; |
308 | (4) One member representing the Department of Education.; |
309 | (5) One member representing the Florida Farm Bureau |
310 | Federation.; |
311 | (6) One member representing the Florida State Federated |
312 | Labor Council; |
313 | (6)(7) One member representing the Florida Fruit and |
314 | Vegetable Association.; |
315 | (7)(8) One member representing the Florida Citrus Mutual. |
316 | Citrus Industrial Council; |
317 | (8)(9) One member representing the Executive Office of the |
318 | Governor. Florida Sugar Cane League; |
319 | (9)(10) One member representing a not-for-profit entity |
320 | that provides social services for migrant workers Not fewer than |
321 | two or more than four other persons selected and appointed by |
322 | the commission. |
323 | (10) Two members representing farmworkers. |
324 | (11) One member representing migrant nonprofit housing |
325 | interests. |
326 | (12) One member representing the Department of Business |
327 | and Professional Regulation. |
328 | (13) One member representing the Agency for Workforce |
329 | Innovation. |
330 | (14) One member representing the Department of Children |
331 | and Family Services. |
332 | Section 9. Subsection (1) of section 450.221, Florida |
333 | Statutes, is amended to read: |
334 | 450.221 Duties and authority.-- |
335 | (1) The duties and authority of the Legislative Commission |
336 | on Migrant and Seasonal Labor shall be: |
337 | (a) To maintain a continuing consultative examination and |
338 | supervision of the migrant labor programs relating to living |
339 | conditions; health, housing, and sanitation; labor laws; |
340 | education; transportation safety; public assistance; and the |
341 | coordination of federal, state, and local programs administered |
342 | by agencies of the executive branch of Florida government; |
343 | (b) To cooperate with the executive branch of state |
344 | government in developing improvements in existing programs in |
345 | order to discover and establish better coordination of migrant |
346 | labor programs; |
347 | (c) To cooperate with commissions, agencies, and |
348 | committees of other states having similar responsibilities, |
349 | including participation in the Interstate Compact on Migrant |
350 | Labor hereinafter authorized; and |
351 | (d) In cooperation with commissions, agencies, and |
352 | committees of other states having similar responsibilities, to |
353 | develop and enter into agreements for the establishment of |
354 | cooperative arrangements whereby migrant labor programs shall |
355 | have a continuing administration, application, and effectiveness |
356 | from state to state. |
357 | Section 10. Section 450.231, Florida Statutes, is amended |
358 | to read: |
359 | 450.231 Annual reports to Legislature.--The commission |
360 | shall report its findings, recommendations, and proposed |
361 | legislation to each regular session of the Legislature no later |
362 | than February 1 of each year beginning in 2006. |
363 | Section 11. Section 450.261, Florida Statutes, is amended |
364 | to read: |
365 | 450.261 Interstate Migrant Labor Commission; Florida |
366 | membership.--In selecting the Florida membership of the |
367 | Interstate Migrant Labor Commission, the Governor may designate |
368 | the secretary of the Department of Community Affairs as his or |
369 | her representative. The two legislative members shall be chosen |
370 | from among the members of the Legislative Commission on Migrant |
371 | and Seasonal Labor, and at least one of the two members |
372 | appointed by the Governor shall be chosen from among the members |
373 | of the advisory committee to that commission. |
374 | Section 12. Section 450.27, Florida Statutes, is amended |
375 | to read: |
376 | 450.27 Short title.--This part shall be known by the |
377 | popular name may be cited as the "Farm Labor Contractor |
378 | Registration Law." |
379 | Section 13. Section 450.271, Florida Statutes, is amended |
380 | to read: |
381 | 450.271 State administration of the Migrant and Seasonal |
382 | Agricultural Worker Protection Act.--The Department of Business |
383 | and Professional Regulation Labor and Employment Security may |
384 | enter into agreements with the Secretary of Labor of the United |
385 | States to authorize the department to administer within the |
386 | State of Florida the provisions of the Migrant and Seasonal |
387 | Agricultural Worker Protection Act of 1983, as amended. |
388 | Section 14. Subsections (5) and (6) are added to section |
389 | 450.28, Florida Statutes, to read: |
390 | 450.28 Definitions.-- |
391 | (5) "Minor violation" means a violation of a specific |
392 | state or federal law or rule that does not present an imminent |
393 | threat to the health, safety, or welfare of any employee of a |
394 | farm labor contractor. |
395 | (6) "Major violation" means a violation of a specific |
396 | state or federal law or rule that presents an imminent threat to |
397 | the health, safety, or welfare of any employee of a farm labor |
398 | contractor. |
399 | Section 15. Subsections (6) and (7) of section 450.30, |
400 | Florida Statutes, are amended to read: |
401 | 450.30 Requirement of certificate of registration; |
402 | education and examination program.-- |
403 | (6) The department shall require an applicant for renewal |
404 | of a certificate of registration to retake the examination only |
405 | if: |
406 | (a) During the prior certification period, the department |
407 | issued a final order assessing a civil monetary penalty for a |
408 | major violation of this part or revoked or refused to renew or |
409 | issue a certificate of registration; or |
410 | (b) The department determines that new requirements |
411 | related to the duties and responsibilities of a farm labor |
412 | contractor necessitate a new examination. |
413 | (7) The department shall charge each applicant a $35 fee |
414 | for the education and examination program. Such fees shall be |
415 | deposited in the Professional Regulation Crew Chief Registration |
416 | Trust Fund. |
417 | Section 16. Subsections (1) and (2) of section 450.31, |
418 | Florida Statutes, are amended, and subsections (5) and (6) are |
419 | added to said section, to read: |
420 | 450.31 Issuance, revocation, and suspension of, and |
421 | refusal to issue or renew, certificate of registration.-- |
422 | (1) The department shall not issue to any person a |
423 | certificate of registration as a farm labor contractor, nor |
424 | shall it renew such certificate, until: |
425 | (a) Such person has executed a written application |
426 | therefor in a form and pursuant to regulations prescribed by the |
427 | department and has submitted such information as the department |
428 | may prescribe. |
429 | (b) Such person has obtained and holds a valid federal |
430 | certificate of registration as a farm labor contractor, or a |
431 | farm labor contractor employee, unless exempt by federal law. |
432 | (c) Such person pays to the department, by cashier's check |
433 | in cash, certified check, or money order, a nonrefundable |
434 | application fee of $125 $75. Fees collected by the department |
435 | under this subsection shall be deposited in the State Treasury |
436 | into the Professional Regulation Crew Chief Registration Trust |
437 | Fund, which is hereby created, and shall be utilized for |
438 | administration of this part. |
439 | (d) Such person has successfully taken and passed the farm |
440 | labor contractor examination. |
441 | (e) Such person has designated an agent to receive service |
442 | of process and other official or legal documents. The agent must |
443 | be available during regular business hours, Monday through |
444 | Friday, to accept service on behalf of the farm labor |
445 | contractor. |
446 | (2) The department may revoke, suspend, or refuse to issue |
447 | or renew any certificate of registration when it is shown that |
448 | the farm labor contractor has: |
449 | (a) Violated or failed to comply with any provision of |
450 | this part or the rules adopted pursuant to this part s. 450.36. |
451 | (b) Made any misrepresentation or false statement in his |
452 | or her application for a certificate of registration. |
453 | (c) Given false or misleading information concerning |
454 | terms, conditions, or existence of employment to persons who are |
455 | recruited or hired to work on a farm. |
456 | (d) A civil fine, assessed by the department, that remains |
457 | unpaid. |
458 | (e) Failed to pay unemployment compensation taxes as |
459 | determined by the Agency for Workforce Innovation. |
460 | (f) Been denied a federal certificate of registration as a |
461 | farm labor contractor or has had such certificate suspended or |
462 | revoked. |
463 | (g) Failed to pay federal employee taxes as determined by |
464 | the Internal Revenue Service. |
465 | (5) The department may permanently refuse to issue or |
466 | renew or may revoke the certificate of registration if such |
467 | applicant or certificateholder has been convicted within the |
468 | preceding 5 years of: |
469 | (a) Any crime under state or federal law relating to |
470 | gambling, or to the sale, distribution, or possession of |
471 | alcoholic beverages, in connection with, or incident to, any |
472 | farm labor contracting activities; or |
473 | (b) Any felony under state or federal law involving |
474 | robbery, bribery, extortion, embezzlement, grand larceny, |
475 | burglary, arson, violation of narcotics laws, murder, rape, |
476 | assault with intent to kill, assault that inflicts grievous |
477 | bodily injury, prostitution, peonage, or smuggling or harboring |
478 | individuals who have entered the country illegally. |
479 | (6) Receipt and acceptance of a certificate of |
480 | registration as a farm labor contractor constitutes |
481 | unconditional permission for, and complete acquiescence to, any |
482 | inspection by department personnel of books, ledgers, and all |
483 | other documents that are related to the performance of farm |
484 | labor activities. |
485 | Section 17. Section 450.321, Florida Statutes, is created |
486 | to read: |
487 | 450.321 Best practices incentive program for farm labor |
488 | contractors.-- |
489 | (1) To promote compliance with this part, and to help the |
490 | public identify farm labor contractors who have demonstrated a |
491 | firm commitment to responsible and safe labor practices, the |
492 | department shall develop and implement a best practices program. |
493 | (2) Farm labor contractors desiring designation as a best |
494 | practices farm labor contractor must meet requirements |
495 | established by the department. The designation is |
496 | nontransferable. |
497 | (3) The department is authorized to enter into partnership |
498 | agreements with farm labor contractors to memorialize the |
499 | responsibilities of each party to the agreement regarding the |
500 | requirements to receive and maintain a best practices |
501 | designation. Recipients of a designation as a best practices |
502 | farm labor contractor may use this designation when soliciting |
503 | business, while the designation is in effect. |
504 | (4) A designation as a best practices farm labor |
505 | contractor may be revoked if the department determines that the |
506 | recipient of the designation has failed to comply with any of |
507 | the requirements. Upon revocation, the recipient of the |
508 | designation must cease all solicitation using the best practices |
509 | farm labor contractor designation. |
510 | (5) The unauthorized use of the designation as a best |
511 | practices farm labor contractor is prohibited. The grant of a |
512 | designation as a best practices farm labor contractor shall not |
513 | constitute endorsement of the recipient by the department, nor |
514 | may it be characterized as such. |
515 | (6) In no event may the department be held liable in any |
516 | civil action for any damages resulting from the granting, |
517 | denying, suspending, or revoking of a designation as a best |
518 | practices farm labor contractor. |
519 | (7) The department shall establish an incentive program |
520 | for farm labor contractors receiving best practices designation. |
521 | Section 18. Subsection (10) of section 450.33, Florida |
522 | Statutes, is amended, and subsection (11) is added to said |
523 | section, to read: |
524 | 450.33 Duties of farm labor contractor.--Every farm labor |
525 | contractor must: |
526 | (10) Comply with all applicable statutes, rules, and |
527 | regulations of the United States and of the State of Florida for |
528 | the protection or benefit of labor, including, but not limited |
529 | to, those providing for wages, hours, fair labor standards, |
530 | social security, workers' compensation, unemployment |
531 | compensation, child labor, and transportation. The department |
532 | shall not suspend or revoke a certificate of registration |
533 | pursuant to this subsection unless: |
534 | (a) A court or agency of competent jurisdiction renders a |
535 | judgment or other final decision that a violation of one of the |
536 | laws, rules, or regulations has occurred and, if invoked, the |
537 | appellate process is exhausted; |
538 | (b) An administrative hearing pursuant to ss. 120.569 and |
539 | 120.57 is held on the suspension or revocation and the |
540 | administrative law judge finds that a violation of one of the |
541 | laws, rules, or regulations has occurred and, if invoked, the |
542 | appellate process is exhausted; or |
543 | (c) The holder of a certificate of registration stipulates |
544 | that a violation has occurred or defaults in the administrative |
545 | proceedings brought to suspend or revoke his or her |
546 | registration. |
547 | (11) Maintain accurate daily field records for each |
548 | employee actually paid by the farm labor contractor reflecting |
549 | the hours worked for the farm labor contractor and, if paid by |
550 | unit, the number of units harvested and the amount paid per |
551 | unit. |
552 | Section 19. Subsections (4) and (5) are added to section |
553 | 450.34, Florida Statutes, to read: |
554 | 450.34 Prohibited acts of farm labor contractor.--A |
555 | licensee may not: |
556 | (4) Retaliate against any person because the person has |
557 | filed a complaint or aided an investigation pursuant to this |
558 | part. |
559 | (5) Contract with or employ any person acting in the |
560 | capacity of a farm labor contractor, or performing activities |
561 | defined in s. 450.28(1), who does not have a current certificate |
562 | of registration issued by the department pursuant to the |
563 | requirements of this part. |
564 | Section 20. Section 450.35, Florida Statutes, is amended |
565 | to read: |
566 | 450.35 Certain contracts or employment prohibited.--It is |
567 | unlawful for any person to contract with or employ for the |
568 | employment of farm workers with any farm labor contractor as |
569 | defined in this act until the labor contractor displays to him |
570 | or her a current certificate of registration issued by the |
571 | department pursuant to the requirements of this part. A |
572 | violation of this section is subject to the penalty provided in |
573 | s. 450.38(1). |
574 | Section 21. Section 450.37, Florida Statutes, is amended |
575 | to read: |
576 | 450.37 Cooperation with federal and state agencies.--The |
577 | department shall, whenever appropriate, cooperate with any |
578 | federal agency. The department is authorized and empowered to |
579 | cooperate with and enter into agreements with any other agency |
580 | of this state for the purpose of carrying out the provisions of |
581 | this part and securing uniformity of regulations. |
582 | Section 22. Section 450.38, Florida Statutes, is amended |
583 | to read: |
584 | 450.38 Enforcement of farm labor contractor laws.-- |
585 | (1) Any person, firm, association, or corporation not |
586 | excluded under s. 450.29 who commits a minor violation violates |
587 | any provision of this part and, upon conviction, is guilty of |
588 | commits a misdemeanor of the second degree, is punishable as |
589 | provided in s. 775.082 or s. 775.083. |
590 | (2) Any person, firm, association, or corporation who |
591 | commits a major violation of this part and, upon conviction, is |
592 | guilty of a felony of the third degree, is punishable as |
593 | provided in s. 775.082, s. 775.083, or s. 775.084. |
594 | (3)(2) Any person who, on or after June 19, 1985, commits |
595 | a violation of this part or of any rule adopted thereunder may |
596 | be assessed a civil penalty of not more than $2,500 $1,000 for |
597 | each such violation. Such assessed penalties shall be paid by |
598 | cashier's check in cash, certified check, or money order and |
599 | shall be deposited into the General Revenue Fund. The department |
600 | shall not institute or maintain any administrative proceeding to |
601 | assess a civil penalty under this subsection when the violation |
602 | is the subject of a criminal indictment or information under |
603 | this section which results in a criminal penalty being imposed, |
604 | or of a criminal, civil, or administrative proceeding by the |
605 | United States government or an agency thereof which results in a |
606 | criminal or civil penalty being imposed. The department may |
607 | adopt rules prescribing the criteria to be used to determine the |
608 | amount of the civil penalty and to provide notification to |
609 | persons assessed a civil penalty under this section. |
610 | (4)(3) Upon a complaint of the department being filed in |
611 | the circuit court of the county in which the farm labor |
612 | contractor resides or may be doing business, any farm labor |
613 | contractor who fails to obtain a certificate of registration as |
614 | required by this part may, in addition to such penalties, be |
615 | enjoined from engaging in any activity which requires the farm |
616 | labor contractor to possess a certificate of registration. |
617 | (5)(4) For the purpose of any investigation or proceeding |
618 | conducted by the department, the secretary of the department or |
619 | the secretary's designee shall have the power to administer |
620 | oaths, take depositions, make inspections when authorized by |
621 | statute, issue subpoenas which shall be supported by affidavit, |
622 | serve subpoenas and other process, and compel the attendance of |
623 | witnesses and the production of books, papers, documents, and |
624 | other evidence. The secretary of the department or the |
625 | secretary's designee shall exercise this power on the |
626 | secretary's own initiative. |
627 | (6) A farm labor contractor who commits a minor violation |
628 | of this part shall be issued a warning for the first violation. |
629 | A civil penalty in increments of $250 may be assessed for each |
630 | successive violation of a specific statute or rule of this part |
631 | within a 2-year period from the date of the first violation. |
632 | After reaching the $2,500 maximum amount of a cumulative fine |
633 | for minor violations, the certificate of registration may be |
634 | revoked. |
635 | (7) A farm labor contractor who commits a major violation |
636 | of a specific statute or rule of this part shall be assessed a |
637 | civil penalty of at least $750 for the first violation, of at |
638 | least $1,500 for the second violation, and of not more than |
639 | $2,500 for the third such violation within a 2-year period from |
640 | the date of the first violation. The certificate of registration |
641 | may be revoked for the fourth such violation within a 2-year |
642 | period from the date of the first violation. |