| 1 | A bill to be entitled |
| 2 | An act relating to labor pools; amending s. 448.24, F.S.; |
| 3 | providing a limit on the amount a labor pool may charge a |
| 4 | laborer for transportation to or from a designated |
| 5 | worksite; authorizing a labor pool to provide day laborers |
| 6 | with a method of obtaining cash from a cash-dispensing |
| 7 | machine; amending s. 448.23, F.S.; conforming a cross- |
| 8 | reference; creating s. 448.26, F.S.; providing for |
| 9 | application of pt. II of ch. 448, F.S., the Labor Pool |
| 10 | Act; providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Subsection (1) of section 448.24, Florida |
| 15 | Statutes, is amended, and subsection (7) is added to that |
| 16 | section, to read: |
| 17 | 448.24 Duties and rights.-- |
| 18 | (1) No labor pool shall charge a day laborer for or in |
| 19 | violation of any of the following: |
| 20 | (a) For Safety equipment, clothing, accessories, or any |
| 21 | other items required by the nature of the work either by law, |
| 22 | custom, or as a requirement of the third-party user: |
| 23 | 1. This subsection shall not preclude the labor pool from |
| 24 | charging the day laborer the market value of items temporarily |
| 25 | provided to the worker by the labor pool, in the event that the |
| 26 | worker willfully fails to return such items to the labor pool.; |
| 27 | 2. For items other than those referenced in this |
| 28 | paragraph, which the labor pool makes available for purchase, |
| 29 | the day laborer shall be charged no more than the actual cost of |
| 30 | the item to the labor pool, or market value, whichever is less.; |
| 31 | (b) More than a reasonable amount to transport a worker to |
| 32 | or from the designated worksite, but in no event shall the |
| 33 | amount exceed $1.50 each way. the prevailing rate for public |
| 34 | transportation in the geographic area; or |
| 35 | (c) For Directly or indirectly cashing a worker's check. |
| 36 | (2) A labor pool shall: |
| 37 | (a) Compensate day laborers for work performed in the form |
| 38 | of cash, or commonly accepted negotiable instruments that are |
| 39 | payable in cash, on demand at a financial institution, and |
| 40 | without discount. |
| 41 | (7) Nothing in this part precludes the labor pool from |
| 42 | providing a day laborer with a method of obtaining cash from a |
| 43 | cash-dispensing machine that is located on the premises of the |
| 44 | labor pool and is operated by the labor pool, or by an |
| 45 | affiliate, pursuant to chapter 560, if required, for a fee for |
| 46 | each transaction which may not exceed $1.99, provided: |
| 47 | (a) The labor pool offers payment in compliance with the |
| 48 | provisions of paragraph (2)(a). |
| 49 | (b) The day laborer voluntarily elects to accept payment |
| 50 | in cash after disclosure of the fee. |
| 51 | (c) The cash-dispensing machine requires affirmative |
| 52 | action by the day laborer with respect to imposition of the fee |
| 53 | and allows the day laborer to negate the transaction in lieu of |
| 54 | payment in compliance with paragraph (2)(a). |
| 55 | Section 2. Section 448.23, Florida Statutes, is amended to |
| 56 | read: |
| 57 | 448.23 Exclusions.--Except as specified in ss. s. |
| 58 | 448.22(1)(c) and 448.26, this part does not apply to: |
| 59 | (1) Business entities duly registered as farm labor |
| 60 | contractors pursuant to part III of chapter 450; |
| 61 | (2) Employee leasing companies, as defined in s. 468.520; |
| 62 | (3) Temporary help services engaged in supplying solely |
| 63 | white collar employees, secretarial employees, clerical |
| 64 | employees, or skilled laborers; |
| 65 | (4) Labor union hiring halls; or |
| 66 | (5) Labor bureau or employment offices operated by a |
| 67 | business entity for the sole purpose of employing an individual |
| 68 | for its own use. |
| 69 | Section 3. Section 448.26, Florida Statutes, is created to |
| 70 | read: |
| 71 | 448.26 Application.--Nothing in this part shall exempt any |
| 72 | client of any labor pool or temporary help arrangement entity as |
| 73 | described in s. 468.520(4)(a) or any assigned employee from any |
| 74 | other license requirements of state, local, or federal law. Any |
| 75 | employee assigned to a client company, as defined in s. 468.520, |
| 76 | who is licensed, registered, or certified pursuant to law shall |
| 77 | be deemed an employee of the client company for such licensure |
| 78 | purposes but shall remain an employee of the labor pool or |
| 79 | temporary help arrangement entity for purposes of chapters 440 |
| 80 | and 443. |
| 81 | Section 4. This act shall take effect July 1, 2006. |