SENATE AMENDMENT
Bill No. CS for CS for CS for SB 2954, 1st Eng.
Amendment No. ___ Barcode 685000
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 Senator Alexander moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 On page 53, between lines 3 and 4,
15
16 insert:
17 Section 49. Subsection (7) of section 440.16, Florida
18 Statutes, is amended to read:
19 440.16 Compensation for death.--
20 (7) Compensation under this chapter to aliens not
21 residents (or about to become nonresidents) of the United
22 States or Canada shall be the same in amount as provided for
23 residents, except that dependents in any foreign country shall
24 be limited to surviving spouse and child or children, or if
25 there be no surviving spouse or child or children, to
26 surviving father or mother whom the employee has supported,
27 either wholly or in part, for the period of 1 year prior to
28 the date of the injury, and except that the judge of
29 compensation claims may, at the option of the judge of
30 compensation claims, or upon the application of the insurance
31 carrier, commute all future installments of compensation to be
1
1:08 PM 04/29/04 s2954c3c-17s27
SENATE AMENDMENT
Bill No. CS for CS for CS for SB 2954, 1st Eng.
Amendment No. ___ Barcode 685000
1 paid to such aliens by paying or causing to be paid to them
2 one-half of the commuted amount of such future installments of
3 compensation as determined by the judge of compensation
4 claims, and provided further that compensation to dependents
5 referred to in this subsection shall in no case exceed
6 $75,000.
7
8 (Redesignate subsequent sections.)
9
10
11 ================ T I T L E A M E N D M E N T ===============
12 And the title is amended as follows:
13 On page 1, line 2, through
14 page 5, line 20, delete those lines
15
16 and insert:
17 An act relating to migrant and alien labor;
18 amending s. 450.191, F.S.; authorizing the
19 Executive Office of the Governor to advise and
20 consult concerning improvements in the working
21 conditions of migrant workers; authorizing the
22 Executive Office of the Governor to provide
23 coordination for farm labor registration,
24 cooperate with the Department of Business and
25 Professional Regulation on enforcing labor
26 laws, and cooperate with the Agency for
27 Workforce Innovation in recruiting migrant
28 laborers; amending s. 450.201, F.S.; requiring
29 the Legislative Commission on Migrant and
30 Seasonal Labor to make appointments and hold
31 its first meeting; amending s. 450.231, F.S.;
2
1:08 PM 04/29/04 s2954c3c-17s27
SENATE AMENDMENT
Bill No. CS for CS for CS for SB 2954, 1st Eng.
Amendment No. ___ Barcode 685000
1 specifying when the commission must report to
2 the Legislature; amending s. 450.27, F.S.;
3 renaming part III of ch. 450, F.S.; amending s.
4 450.271, F.S.; substituting the Department of
5 Business and Professional Regulation for the
6 Department of Labor and Employment Security as
7 the entity authorized to administer the federal
8 Migrant and Seasonal Agricultural Worker
9 Protection Act; amending s. 450.28, F.S.;
10 defining major and minor violations; amending
11 s. 450.30, F.S.; requiring an applicant for
12 renewal of a certificate of registration as a
13 farm labor contractor to retake the competency
14 examination when convicted of or penalized for
15 committing a major violation within a specified
16 time; depositing certain fees received from
17 applicants for a certificate of registration
18 into the Professional Regulation Trust Fund;
19 amending s. 450.31, F.S.; increasing the
20 application fee for a certificate of
21 registration; revising payment requirements;
22 requiring an applicant for a certificate of
23 registration to designate an agent to receive
24 service of process and documents; authorizing
25 the department to revoke, suspend, or deny a
26 certificate of registration under certain
27 circumstances; providing that receipt of a
28 certification of registration constitutes
29 permission by the farm labor contractor for
30 department personnel to inspect certain
31 documents; creating s. 450.321, F.S.;
3
1:08 PM 04/29/04 s2954c3c-17s27
SENATE AMENDMENT
Bill No. CS for CS for CS for SB 2954, 1st Eng.
Amendment No. ___ Barcode 685000
1 authorizing the department to develop and
2 implement a best practices incentive program
3 for farm labor contractors; authorizing the
4 department to enter a partnership agreement
5 with a contractor regarding such designation;
6 authorizing use of the designation to solicit
7 business; authorizing revocation of designation
8 and requiring cessation of use; prohibiting
9 characterization of the designation as an
10 endorsement by the department; exempting the
11 department from civil liability; authorizing
12 the department to establish an incentive
13 program for contractors holding a valid
14 designation; amending s. 450.33, F.S.; revising
15 the powers of the department regarding
16 revocation of a contractor's certificate of
17 registration; adding maintenance of certain
18 employee field records to the duties a
19 contractor must perform; amending s. 450.34,
20 F.S.; prohibiting a contractor from taking
21 retaliatory action and from contracting with or
22 employing certain persons who lack a valid
23 certificate; amending s. 450.35, F.S.;
24 prohibiting a person from contracting with or
25 employing a farm labor contractor without a
26 certificate of registration; providing
27 penalties; amending s. 450.37, F.S.;
28 authorizing the department to cooperate and
29 enter into agreements with other state
30 agencies; amending s. 450.38, F.S.; revising
31 the penalties imposed for violations of part
4
1:08 PM 04/29/04 s2954c3c-17s27
SENATE AMENDMENT
Bill No. CS for CS for CS for SB 2954, 1st Eng.
Amendment No. ___ Barcode 685000
1 III of ch. 450, F.S.; clarifying applicability
2 of penalties to a firm, association, or
3 corporation; increasing the maximum civil
4 penalty; authorizing civil penalties or the
5 revocation of registration if a contractor
6 commits one or more minor violations; creating
7 s. 450.39, F.S.; prohibiting a farm labor
8 contractor from requiring a farmworker to make
9 certain purchases; prohibiting a contractor
10 from charging a farmworker more than the
11 reasonable cost for a commodity; amending s.
12 381.0087, F.S.; clarifying that a person who
13 willfully refuses a citation commits a
14 second-degree misdemeanor; requiring the
15 Department of Health to notify the enforcing
16 entity of suspected violations; amending s.
17 381.008, F.S.; defining the term "residential
18 migrant housing" to include structures rented
19 or reserved for occupancy by seasonal workers;
20 excluding from that definition a single-family
21 residence or mobile home that is occupied only
22 by a single family; amending s. 381.0086, F.S.;
23 requiring the Department of Health to include
24 certain provisions relative to plan review of
25 residential migrant housing in rules;
26 prohibiting a structural variance for the
27 purpose of filing an interstate clearance order
28 with the Agency for Workforce Innovation;
29 amending ss. 487.011, 487.012, 487.021,
30 487.025, 487.031, 487.041, 487.0435, 487.045,
31 487.046, 487.047, 487.049, 487.051, 487.0615,
5
1:08 PM 04/29/04 s2954c3c-17s27
SENATE AMENDMENT
Bill No. CS for CS for CS for SB 2954, 1st Eng.
Amendment No. ___ Barcode 685000
1 487.071, 487.081, 487,091, 487.101, 487.111,
2 487.13, 487.156, 487.159, 487.161, 487.163,
3 487.171, 487.175, 403.088, 482.242, 500.03, and
4 570.44, F.S.; changing the term "chapter" to
5 "part" to conform to changes made by the act;
6 creating part II of ch. 487, F.S.; providing a
7 short title; providing for administration by
8 the Department of Agriculture and Consumer
9 Services; declaring legislative intent;
10 defining terms; requiring the department to
11 continue to operate under specified federal
12 worker protection regulations; providing for
13 application unless exempted by federal law;
14 requiring an agricultural employer to make
15 pesticide information available to an
16 agricultural worker; authorizing requests by
17 the worker, a designated representative, or
18 medical personnel treating the worker;
19 requiring the manufacturer of an agricultural
20 pesticide to prepare a material safety data
21 sheet; requiring provision of the data sheet to
22 each direct purchaser; requiring the department
23 to produce and make available a general
24 agricultural pesticide safety sheet;
25 prohibiting an agricultural employer from
26 failing to provide required pesticide
27 information or taking retaliatory action;
28 providing penalties for an agricultural
29 employer who violates part II of ch. 487, F.S.;
30 allowing a worker who seeks relief for
31 retaliatory action to file a complaint with the
6
1:08 PM 04/29/04 s2954c3c-17s27
SENATE AMENDMENT
Bill No. CS for CS for CS for SB 2954, 1st Eng.
Amendment No. ___ Barcode 685000
1 department; requiring that the department
2 monitor complaints of retaliation and report
3 findings to the President of the Senate and the
4 Speaker of the House of Representatives;
5 amending s. 440.16, F.S.; deleting a provision
6 granting workers' compensation to certain
7 dependents of a deceased alien;
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
7
1:08 PM 04/29/04 s2954c3c-17s27