CS/HB 357

1	A bill to be entitled
2	An act relating to registration of farm labor contractors
3	and employees; amending s. 450.28, F.S.; defining the term
4	"timely application for renewal" for purposes of federal
5	certificates of registration as farm labor contractors and
6	employees; amending s. 450.31, F.S.; requiring the renewal
7	of farm labor contractor and employee certificates of
8	registration under certain circumstances; requiring the
9	Department of Business and Professional Regulation to
10	suspend, revoke, or refuse to issue or renew certificates
11	of registration under certain circumstances; amending ss.
12	316.003 and 450.34, F.S.; conforming cross-references;
13	providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Section 450.28, Florida Statutes, is amended to
18	read:
19	450.28  Definitions.-As used in this part, the term:
20	(1)(3)  "Carpool" means an arrangement made by the workers
21	using one worker's own vehicle for transportation to and from
22	work and for which the driver or owner of the vehicle is not
23	paid by any third person other than the members of the carpool.
24	(2)  "Department" means the Department of Business and
25	Professional Regulation.
26	(3)(1)  "Farm labor contractor" means:
27	(a)  Any person who, for a fee or other valuable
28	consideration, recruits, transports into or within the state,
29	supplies, or hires at any one time in any calendar year one or
30	more farm workers to work for, or under the direction,
31	supervision, or control of, a third person; or
32	(b)  Any person who recruits, transports into or within the
33	state, supplies, or hires at any one time in any calendar year
34	one or more farm workers and who, for a fee or other valuable
35	consideration, directs, supervises, or controls all or any part
36	of the work of such workers.
37	(4)  "Immediate family member" means a person having one of
38	the following relationships to another: husband, wife, father,
39	mother, son, or daughter.
40	(5)(6)  "Major violation" means a violation of a specific
41	state or federal law or rule that results in economic or
42	physical harm to any person recruited, transported, supplied, or
43	hired by a farm labor contractor or creates a significant threat
44	of such harm.
45	(6)(5)  "Minor violation" means a violation of a specific
46	state or federal law or rule that does not result in economic or
47	physical harm to any person recruited, transported, supplied, or
48	hired by a farm labor contractor or create a significant threat
49	of such harm.
50	(7)  "Timely application for renewal" of a federal
51	certificate of registration as a farm labor contractor or farm
52	labor contractor employee means an application for renewal of
53	such a certificate that is filed as defined by federal law with
54	the United States Department of Labor at least 30 days before
55	the certificate's expiration.
56	Section 2.  Paragraph (b) of subsection (1) and paragraphs
57	(e), (f), and (g) of subsection (2) of section 450.31, Florida
58	Statutes, are amended, subsections (3) through (7) are
59	renumbered as subsections (4) through (8), respectively, and a
60	new subsection (3) is added to that section, to read:
61	450.31  Issuance, revocation, and suspension of, and
62	refusal to issue or renew, certificate of registration.-
63	(1)  The department shall not issue to any person a
64	certificate of registration as a farm labor contractor, nor
65	shall it renew such certificate, until:
66	(b)  Such person has obtained and holds a valid federal
67	certificate of registration as a farm labor contractor, or a
68	farm labor contractor employee, unless exempt by federal law.
69	However, the department shall renew a certificate of
70	registration after such person's federal certificate of
71	registration expires if such person files a timely application
72	for renewal with the United States Department of Labor.
73	(2)  The department may revoke, suspend, or refuse to issue
74	or renew any certificate of registration when it is shown that
75	the farm labor contractor has:
76	(e)  Failed to pay unemployment compensation taxes as
77	determined by the Agency for Workforce Innovation; or
78	(f)  Been denied, or had suspended or revoked, a federal
79	certificate of registration as a farm labor contractor; or
80	(f)(g)  Failed to pay federal employee taxes as determined
81	by the Internal Revenue Service.
82	(3)  The department shall suspend, revoke, or refuse to
83	issue or renew a certificate of registration upon receipt from
84	the United States Department of Labor of a final order of
85	suspension, revocation, or refusal to issue or renew the federal
86	certificate of registration.
87	Section 3.  Paragraph (c) of subsection (62) of section
88	316.003, Florida Statutes, is amended to read:
89	316.003  Definitions.-The following words and phrases, when
90	used in this chapter, shall have the meanings respectively
91	ascribed to them in this section, except where the context
92	otherwise requires:
93	(62)  FARM LABOR VEHICLE.-Any vehicle equipped and used for
94	the transportation of nine or more migrant or seasonal farm
95	workers, in addition to the driver, to or from a place of
96	employment or employment-related activities. The term does not
97	include:
98	(c)  Any carpool as defined in s. 450.28(3).
99	Section 4.  Subsection (5) of section 450.34, Florida
100	Statutes, is amended to read:
101	450.34  Prohibited acts of farm labor contractor.-A
102	licensee may not:
103	(5)  Contract with or employ any person acting in the
104	capacity of a farm labor contractor, or performing activities
105	defined in s. 450.28(3)(1), when that person does not have a
106	current certificate of registration issued by the department
107	pursuant to the requirements of this part.
108	Section 5.  This act shall take effect July 1, 2010.

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