Florida Senate - 2024                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 433
       
       
       
       
       
       
                                Ì846392<Î846392                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .           Floor: CA            
             03/05/2024 10:34 AM       .      03/07/2024 09:42 PM       
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       Senator Trumbull moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 448.106, Florida Statutes, is created to
    6  read:
    7         448.106 Workplace heat exposure requirements.—
    8         (1) As used in this section, the term:
    9         (a) “Competitive solicitation” means an invitation to bid,
   10  a request for proposals, or an invitation to negotiate.
   11         (b) “Heat exposure requirement” means a standard to control
   12  an employee’s exposure to heat or sun, or to otherwise address
   13  or moderate the effects of such exposure. The term includes, but
   14  is not limited to, standards relating to any of the following:
   15         1. Employee monitoring and protection.
   16         2. Water consumption.
   17         3. Cooling measures.
   18         4. Acclimation and recovery periods or practices.
   19         5. Posting or distributing notices or materials that inform
   20  employees how to protect themselves from heat exposure.
   21         6. Implementation and maintenance of heat exposure programs
   22  or training.
   23         7. Appropriate first-aid measures or emergency responses
   24  related to heat exposure.
   25         8. Protections for employees who report that they have
   26  experienced excessive heat exposure.
   27         9. Reporting and recordkeeping requirements.
   28         (c) “Political subdivision” means a county, municipality,
   29  department, commission, district, board, or other public body,
   30  whether corporate or otherwise, created by or under state law.
   31         (2)(a) A political subdivision may not establish, mandate,
   32  or otherwise require an employer, including an employer
   33  contracting to provide goods or services to the political
   34  subdivision, to meet or provide heat exposure requirements not
   35  otherwise required under state or federal law.
   36         (b) A political subdivision may not give preference in a
   37  competitive solicitation to an employer based on the employer’s
   38  heat exposure requirements and may not consider or seek
   39  information relating to the employer’s heat exposure
   40  requirements.
   41         (3) This section does not limit the authority of a
   42  political subdivision to establish or otherwise provide heat
   43  exposure requirements not otherwise required under state or
   44  federal law for direct employees of the political subdivision.
   45         (4) This section does not apply if it is determined that
   46  compliance with this section will prevent the distribution of
   47  federal funds to a political subdivision or would otherwise be
   48  inconsistent with federal requirements pertaining to receiving
   49  federal funds, but only to the extent necessary to allow a
   50  political subdivision to receive federal funds or to eliminate
   51  inconsistency with federal requirements.
   52         Section 2. This act shall take effect July 1, 2024.
   53  
   54  ================= T I T L E  A M E N D M E N T ================
   55  And the title is amended as follows:
   56         Delete everything before the enacting clause
   57  and insert:
   58                        A bill to be entitled                      
   59         An act relating to employment regulations; creating s.
   60         448.106, F.S.; defining terms; prohibiting a political
   61         subdivision from requiring employers to meet or
   62         provide heat exposure requirements beyond those
   63         required by law; prohibiting a political subdivision
   64         from giving preference to or considering or seeking
   65         information from an employer in a competitive
   66         solicitation based on or relating to an employer’s
   67         heat exposure requirements; providing construction;
   68         providing applicability; providing an effective date.