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A bill to be entitled

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An act relating to home care services; creating s.

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400.519, F.S.; providing a short title; providing

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legislative intent; providing definitions; providing

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application; requiring each organization that provides

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home care services to provide a consumer with a notice

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regarding the responsibilities, obligations, and legal

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liabilities of the organization to the home care services

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worker and to the consumer; providing requirements for the

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consumer notice; requiring each organization to provide to

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each home care services worker a worker notice regarding

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the responsibilities, obligations, and legal liabilities

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of the organization, the home care services worker, and

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the consumer; providing requirements of the worker notice;

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providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 400.519, Florida Statutes, is created to

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read:

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     400.519 Home care consumer and worker protection.--

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     (1) SHORT TITLE.--This section may be cited as the "Home

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Care Consumer and Worker Act."

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     (2) LEGISLATIVE INTENT.--The Legislature intends to protect

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the consumer of home care services and those individuals

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providing such services by ensuring that both the consumer and

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the home care services worker have the ability to make informed,

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knowing decisions regarding their status as employers,

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independent contractors, and employees.

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     (3) DEFINITIONS.--As used in this section, the term:

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     (a) "Consumer" means an individual who receives skilled or

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unskilled care in his or her temporary or permanent residence

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through a home care services worker, or an individual who pays

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for and directs the services on behalf of the person receiving

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services.

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     (b) "Home care services" means skilled or nonskilled care

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provided to an individual in or at his or her temporary or

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permanent residence for the purpose of enabling that individual

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to remain safely and comfortably in his or her temporary or

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permanent residence.

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     (c) "Home care services worker" means any individual

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performing home care services of any kind or character whatsoever

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for hire.

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     (d) "Unskilled care" means services that are not skilled

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care. Unskilled care includes, but is not limited to, homemaker

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services, companion services, and personal care.

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     (4) APPLICATION.--This section applies to any organization

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that is licensed or registered under s. 400.506 or s. 400.509 and

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that provides skilled or unskilled care.

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     (5) CONSUMER NOTICE.--

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     (a) Each organization shall provide each consumer with a

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consumer notice that must include, at a minimum:

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     1. The duties, responsibilities, obligations, and legal

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liabilities of the organization to the home care services worker

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and to the consumer. Such description shall clearly set forth the

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consumer's responsibility for:

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     a. Day-to-day supervision of the home care services worker;

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     b. Assigning duties to the home care services worker;

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     c. Hiring, firing, and discipline of the home care services

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worker;

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     d. Providing equipment or materials for use by the home

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care services worker;

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     e. Performing a level 2 background check on the home care

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services worker; and

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     f. Checking references of the home care services worker.

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     2. A statement identifying the organization as an employer,

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joint employer, leasing employer, or nonemployer, as applicable,

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of the home care services worker along with identification of the

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person who is responsible for state, federal, and local taxes.

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     (b) The consumer notice shall be provided to the consumer

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each time a home care services worker is placed in the consumer's

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home. A separate consumer notice is not required when a home care

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services worker is temporarily substituting for the consumer's

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regular home care services worker.

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     (c) The consumer notice shall be on a form developed by the

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agency.

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     (d) The consumer notice must be signed by the consumer and

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retained by the organization at its office for at least 3 years.

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     (6) WORKER NOTICE.--Each organization shall provide a

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worker notice to each home care services worker to explain the

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home care services worker's legal relationships with the

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organization and the consumer. The worker notice must include, at

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a minimum, information regarding the duties, responsibilities,

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obligations, and legal liabilities of the organization, the

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consumer, and the home care services worker.

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     (a) If the home care services worker is an independent

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contractor, the worker notice must include:

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     1. A statement as to the party responsible for the payment

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of the home care services worker's wages and state, federal, and

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local taxes.

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     2. A statement identifying which party is responsible for

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the home care services worker's hiring, firing, discipline, day-

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to-day supervision, assignment of duties, and provision of

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equipment or materials for use by the home care services worker.

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     (b) The worker notice shall be provided to the home care

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services worker upon his or her placement in a consumer's home.

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     (c) The worker notice shall be on a form developed by the

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agency.

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     (d) The worker notice must be signed by the worker and

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retained by the organization at its office for at least 3 years.

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     Section 2.  This act shall take effect July 1, 2008.