December 01, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
HB 1307CS

CHAMBER ACTION




2The Committee on State Administration recommends the following:
3
4     Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to agricultural and migrant labor;
8amending s. 381.008, F.S.; revising a definition; amending
9s. 381.0086, F.S.; requiring the Department of Health to
10adopt rules relating to residential migrant housing;
11providing guidelines for the filing of interstate
12clearance orders; amending s. 381.0087, F.S.; revising a
13provision relating to who may issue certain citations;
14requiring the department to provide notice of suspected
15violations; amending s. 403.088, F.S.; clarifying a
16provision relating to water pollution operation permits;
17amending s. 420.507, F.S.; requiring the Florida Housing
18Finance Corporation to utilize federal and state resources
19in a certain manner; amending s. 450.191, F.S.;
20authorizing and directing the Executive Office of the
21Governor to advise and consult on certain issues relating
22to migrant workers; directing the office to coordinate
23enforcement of certain provisions with the Department of
24Business and Professional Regulation; including farm labor
25contractors in the enforcement of certain laws;
26authorizing and directing the office to cooperate with the
27Agency for Workforce Innovation in the recruitment and
28referral of migrant workers and certain other laborers;
29amending s. 450.201, F.S.; renaming the Legislative
30Commission on Migrant Labor as the Legislative Commission
31on Migrant and Seasonal Labor; providing a deadline for
32appointments to the commission; providing a deadline for
33the commission's first meeting; amending s. 450.211, F.S.;
34revising the membership of the commission's advisory
35committee; amending s. 450.221, F.S.; conforming
36terminology; amending s. 450.231, F.S.; providing a
37deadline for certain reports; amending s. 450.261, F.S.;
38conforming terminology; amending s. 450.27, F.S.;
39providing a popular name; amending s. 450.271, F.S.;
40authorizing the department to enter into certain
41agreements with the Secretary of Labor of the United
42States; amending s. 450.28, F.S.; providing definitions;
43amending s. 450.30, F.S.; revising requirements for
44retaking examinations for renewal of certificates of
45registration; requiring fees for certain programs to be
46deposited in the Professional Regulation Trust Fund;
47amending s. 450.31, F.S.; providing criteria for issuance
48or renewal of certificates of registration; authorizing
49payment for certificates of registration by cashier's
50check; increasing the application fee for such
51registration; requiring fees to be deposited in the
52Professional Regulation Trust Fund; providing criteria for
53revocation, suspension, or refusal to issue or renew
54certificates of registration; conforming a provision;
55providing criteria for permanent revocation or refusal to
56issue or renew certificates of registration; authorizing
57the department to inspect certain documents upon receipt
58and acceptance of a certificate of registration; creating
59s. 450.321, F.S.; creating the best practices incentive
60program for farm labor contractors; requiring farm labor
61contractors to meet certain requirements; authorizing the
62department to enter into certain partnership agreements;
63authorizing the department to revoke certain designations;
64prohibiting the unauthorized use of designations; limiting
65certain civil liability of the department; requiring the
66department to establish an incentive program; amending s.
67450.33, F.S.; removing department requirements for the
68suspension or revocation of farm labor contractors'
69certificates of registration; requiring farm labor
70contractors to keep certain records; amending s. 450.34,
71F.S.; providing certain prohibited acts for farm labor
72contractors; amending s. 450.35, F.S.; prohibiting certain
73contracts or employment; providing a penalty; amending s.
74450.37, F.S.; authorizing the department to enter into
75agreements with other state agencies for certain purposes;
76amending s. 450.38, F.S.; providing civil and criminal
77penalties for minor and major violations; increasing
78certain civil penalties; authorizing payment of certain
79civil penalties by cashier's check; removing authorization
80to pay certain civil penalties by cash; increasing the
81scope of where a complaint may be filed; providing for a
82warning to contractors committing minor violations;
83providing civil penalties; authorizing the revocation of
84certificates of registration under certain circumstances;
85requiring the department to provide notice of suspected
86violations; creating s. 450.39, F.S.; providing guidelines
87for the sale of certain commodities to farmworkers;
88providing penalties; amending s. 487.011, F.S.; providing
89a popular name; amending ss. 487.012, 487.021, 487.025,
90487.031, 487.041, 487.0435, 487.045, 487.046, 487.047,
91487.049, 487.051, 487.0615, 487.071, 487.081, 487.091,
92487.101, 487.111, 487.13, 487.156, 487.159, 487.161,
93487.163, 487.171, and 487.175, F.S.; revising references
94to make the "Florida Pesticide Law" part I of ch. 487,
95F.S.; amending s. 482.242, F.S.; clarifying a provision
96relating to the labeling and registration of approved
97pesticides; creating s. 487.2011, F.S., the "Florida
98Agricultural Worker Safety Act"; providing for
99administration by the Department of Agriculture and
100Consumer Services; creating s. 487.2021, F.S.; providing
101legislative intent; creating s. 487.2031, F.S.; providing
102definitions; creating s. 487.2041, F.S.; providing
103enforcement of federal worker protection regulations;
104creating s. 487.2051, F.S.; requiring agricultural
105employers to make certain pesticide information available;
106creating s. 487.2061, F.S.; prohibiting certain acts;
107creating s. 487.2071, F.S.; providing penalties; requiring
108monitoring and reporting of complaints; amending ss.
109500.03 and 570.44, F.S.; clarifying provisions relating to
110the definition of the term "pesticide chemical" and duties
111of the Division of Agricultural Environmental Services,
112respectively; directing the Division of Statutory Revision
113to designate parts I and II of ch. 487, F.S.; providing an
114effective date.
115
116Be It Enacted by the Legislature of the State of Florida:
117
118     Section 1.  Subsection (8) of section 381.008, Florida
119Statutes, is amended to read:
120     381.008  Definitions of terms used in ss. 381.008-
121381.00897.--As used in ss. 381.008-381.00897, the following
122words and phrases mean:
123     (8)  "Residential migrant housing"--A building, structure,
124mobile home, barracks, or dormitory, and any combination thereof
125on adjacent property which is under the same ownership,
126management, or control, and the land appertaining thereto, that
127is rented or reserved for occupancy by five or more seasonal or
128migrant farmworkers, except:
129     (a)  Housing furnished as an incident of employment.
130     (b)  A single-family residence or mobile home dwelling unit
131that is occupied only by a single family and that is not under
132the same ownership, management, or control as other farmworker
133housing to which it is adjacent or contiguous.
134     (c)  A hotel, motel, or resort condominium, as defined in
135chapter 509, that is furnished for transient occupancy.
136     (d)  Any housing owned or operated by a public housing
137authority except for housing which is specifically provided for
138persons whose principal income is derived from agriculture.
139     Section 2.  Subsection (1) of section 381.0086, Florida
140Statutes, is amended, and subsection (6) is added to said
141section, to read:
142     381.0086  Rules; variances; penalties.--
143     (1)  The department shall adopt rules necessary to protect
144the health and safety of migrant farmworkers farm workers and
145other migrant labor camp or residential migrant housing
146occupants, including rules governing field sanitation
147facilities. These rules must include definitions of terms,
148provisions relating to plan review of the construction of new,
149expanded, or remodeled camps or residential migrant housing,
150sites, buildings and structures, personal hygiene facilities,
151lighting, sewage disposal, safety, minimum living space per
152occupant, bedding, food equipment, food storage and preparation,
153insect and rodent control, garbage, heating equipment, water
154supply, maintenance and operation of the camp, housing, or
155roads, and such other matters as the department finds to be
156appropriate or necessary to protect the life and health of the
157occupants. Housing operated by a public housing authority is
158exempt from the provisions of any administrative rule that
159conflicts with or is more stringent than the federal standards
160applicable to the housing.
161     (6)  For the purposes of filing an interstate clearance
162order with the Agency for Workforce Innovation, if the housing
163is covered by 20 C.F.R. part 654, subpart E, no permanent
164structural variance referred to in subsection (2) is allowed.
165     Section 3.  Subsections (1) and (6) of section 381.0087,
166Florida Statutes, are amended, and subsection (9) is added to
167said section, to read:
168     381.0087  Enforcement; citations.--
169     (1)  Department personnel or crew chief compliance officers
170employed by the Bureau of Compliance of the Florida Department
171of Labor and Employment Security may issue citations that
172contain an order of correction or an order to pay a fine, or
173both, for violations of ss. 381.008-381.00895 or the field
174sanitation facility rules adopted by the department when a
175violation of those sections or rules is enforceable by an
176administrative or civil remedy, or when a violation of those
177sections or rules is a misdemeanor of the second degree. A
178citation issued under this section constitutes a notice of
179proposed agency action. The recipient of a citation for a major
180deficiency, as defined by rule of the department, will be given
181a maximum of 48 hours to make satisfactory correction or
182demonstrate that provisions for correction are satisfactory.
183     (6)  Any person who willfully refuses to sign and accept a
184citation issued by the department commits or the Department of
185Labor and Employment Security is guilty of a misdemeanor of the
186second degree, punishable as provided in s. 775.082 or s.
187775.083.
188     (9)  The department shall provide notice of any suspected
189violations of any law to the appropriate entity.
190     Section 4.  Subsection (1) of section 403.088, Florida
191Statutes, is amended to read:
192     403.088  Water pollution operation permits; conditions.--
193     (1)  No person, without written authorization of the
194department, shall discharge into waters within the state any
195waste which, by itself or in combination with the wastes of
196other sources, reduces the quality of the receiving waters below
197the classification established for them. However, this section
198shall not be deemed to prohibit the application of pesticides to
199waters in the state for the control of insects, aquatic weeds,
200or algae, provided the application is performed pursuant to a
201program approved by the Department of Health, in the case of
202insect control, or the department, in the case of aquatic weed
203or algae control. The department is directed to enter into
204interagency agreements to establish the procedures for program
205approval. Such agreements shall provide for public health,
206welfare, and safety, as well as environmental factors. Approved
207programs must provide that only chemicals approved for the
208particular use by the United States Environmental Protection
209Agency or by the Department of Agriculture and Consumer Services
210may be employed and that they be applied in accordance with
211registered label instructions, state standards for such
212application, and the provisions of the Florida Pesticide Law,
213part I of chapter 487.
214     Section 5.  Subsection (33) of section 420.507, Florida
215Statutes, is amended to read:
216     420.507  Powers of the corporation.--The corporation shall
217have all the powers necessary or convenient to carry out and
218effectuate the purposes and provisions of this part, including
219the following powers which are in addition to all other powers
220granted by other provisions of this part:
221     (33)  To receive federal funding in connection with the
222corporation's programs directly from the Federal Government.
223Federal and state resources shall be utilized, to the extent
224feasible, in a manner that maximizes funding opportunities in
225the state.
226     Section 6.  Section 450.191, Florida Statutes, is amended
227to read:
228     450.191  Executive Office of the Governor; powers and
229duties.--
230     (1)  The Executive Office of the Governor is authorized and
231directed to:
232     (a)  Advise and consult with employers of migrant workers
233as to the ways and means of improving living conditions of
234migrant seasonal workers.;
235     (b)  Cooperate with the Department of Health in
236establishing minimum standards of preventive and curative health
237and of housing and sanitation in migrant labor camps and in
238making surveys to determine the adequacy of preventive and
239curative health services available to occupants of migrant labor
240camps.;
241     (c)  Provide coordination for the enforcement of ss.
242381.008-381.0088 and ss. 450.27-450.38.;
243     (d)  Cooperate with the Department of Business and
244Professional Regulation other departments of government in
245coordinating and enforcing all applicable labor laws, including,
246but not limited to, those relating to private employment
247agencies, child labor, wage payments, wage claims, and farm
248labor contractors. crew leaders;
249     (e)  Cooperate with the Department of Education to provide
250educational facilities for the children of migrant laborers.;
251     (f)  Cooperate with the Department of Highway Safety and
252Motor Vehicles to establish minimum standards for the
253transporting of migrant laborers.;
254     (g)  Cooperate with the Department of Agriculture and
255Consumer Services to conduct an education program for employers
256of migrant laborers pertaining to the standards, methods, and
257objectives of the office.;
258     (h)  Cooperate with the Department of Children and Family
259Services in coordinating all public assistance programs as they
260may apply to migrant laborers.;
261     (i)  Coordinate all federal, state, and local programs
262pertaining to migrant laborers.;
263     (j)  Cooperate with the Agency for Workforce Innovation
264farm labor office of the Department of Business and Professional
265Regulation in the recruitment and referral of migrant laborers
266and other persons for the planting, cultivation, and harvesting
267of agricultural crops in Florida.
268     (2)  The office shall arrange, through the Department of
269Health, for the provision of the supplementary services set
270forth in paragraph (1)(b) to the extent of available
271appropriations. Such services may be provided through the use of
272one or more traveling dispensaries, or by contract with
273physicians, dentists, hospitals, or clinics, or in such manner
274as may be recommended by the Department of Health.
275     Section 7.  Section 450.201, Florida Statutes, is amended
276to read:
277     450.201  Legislative Commission on Migrant and Seasonal
278Labor; membership; filling vacancies.--
279     (1)  There is created a permanent joint committee of the
280Florida Legislature to be known as the Legislative Commission on
281Migrant and Seasonal Labor, to be composed of three members of
282the Senate, appointed by the President of the Senate, and three
283members of the House of Representatives, appointed by the
284Speaker of the House. One member from each house shall be a
285member of the minority party. Any vacancy in the commission
286shall be filled by the respective presiding officer from the
287membership of the legislative body from which the vacancy
288occurred. However, a member who ceases to be a member of the
289legislative body from which appointed shall continue to be a
290member of the commission until the next succeeding regular
291session of the Legislature, at which the commission shall render
292its report to the Legislature.
293     (2)  Appointments shall be made no later than March 1,
2942005.
295     (3)  The first meeting of the commission shall be no later
296than July 1, 2005.
297     Section 8.  Section 450.211, Florida Statutes, is amended
298to read:
299     450.211  Advisory committee; membership.--The Legislative
300Commission on Migrant and Seasonal Labor is authorized and
301directed to establish an advisory committee, which shall contain
302the following membership:
303     (1)  One member representing the Department of Community
304Affairs.;
305     (2)  One member representing the Department of Health.;
306     (3)  One member representing the Department of Agriculture
307and Consumer Services.;
308     (4)  One member representing the Department of Education.;
309     (5)  One member representing the Florida Farm Bureau
310Federation.;
311     (6)  One member representing the Florida State Federated
312Labor Council;
313     (6)(7)  One member representing the Florida Fruit and
314Vegetable Association.;
315     (7)(8)  One member representing the Florida Citrus Mutual.
316Citrus Industrial Council;
317     (8)(9)  One member representing the Executive Office of the
318Governor. Florida Sugar Cane League;
319     (9)(10)  One member representing a not-for-profit entity
320that provides social services for migrant workers Not fewer than
321two or more than four other persons selected and appointed by
322the commission.
323     (10)  Two members representing farmworkers.
324     (11)  One member representing migrant nonprofit housing
325interests.
326     (12)  One member representing the Department of Business
327and Professional Regulation.
328     (13)  One member representing the Agency for Workforce
329Innovation.
330     (14)  One member representing the Department of Children
331and Family Services.
332     Section 9.  Subsection (1) of section 450.221, Florida
333Statutes, is amended to read:
334     450.221  Duties and authority.--
335     (1)  The duties and authority of the Legislative Commission
336on Migrant and Seasonal Labor shall be:
337     (a)  To maintain a continuing consultative examination and
338supervision of the migrant labor programs relating to living
339conditions; health, housing, and sanitation; labor laws;
340education; transportation safety; public assistance; and the
341coordination of federal, state, and local programs administered
342by agencies of the executive branch of Florida government;
343     (b)  To cooperate with the executive branch of state
344government in developing improvements in existing programs in
345order to discover and establish better coordination of migrant
346labor programs;
347     (c)  To cooperate with commissions, agencies, and
348committees of other states having similar responsibilities,
349including participation in the Interstate Compact on Migrant
350Labor hereinafter authorized; and
351     (d)  In cooperation with commissions, agencies, and
352committees of other states having similar responsibilities, to
353develop and enter into agreements for the establishment of
354cooperative arrangements whereby migrant labor programs shall
355have a continuing administration, application, and effectiveness
356from state to state.
357     Section 10.  Section 450.231, Florida Statutes, is amended
358to read:
359     450.231  Annual reports to Legislature.--The commission
360shall report its findings, recommendations, and proposed
361legislation to each regular session of the Legislature no later
362than February 1 of each year beginning in 2006.
363     Section 11.  Section 450.261, Florida Statutes, is amended
364to read:
365     450.261  Interstate Migrant Labor Commission; Florida
366membership.--In selecting the Florida membership of the
367Interstate Migrant Labor Commission, the Governor may designate
368the secretary of the Department of Community Affairs as his or
369her representative. The two legislative members shall be chosen
370from among the members of the Legislative Commission on Migrant
371and Seasonal Labor, and at least one of the two members
372appointed by the Governor shall be chosen from among the members
373of the advisory committee to that commission.
374     Section 12.  Section 450.27, Florida Statutes, is amended
375to read:
376     450.27  Short title.--This part shall be known by the
377popular name may be cited as the "Farm Labor Contractor
378Registration Law."
379     Section 13.  Section 450.271, Florida Statutes, is amended
380to read:
381     450.271  State administration of the Migrant and Seasonal
382Agricultural Worker Protection Act.--The Department of Business
383and Professional Regulation Labor and Employment Security may
384enter into agreements with the Secretary of Labor of the United
385States to authorize the department to administer within the
386State of Florida the provisions of the Migrant and Seasonal
387Agricultural Worker Protection Act of 1983, as amended.
388     Section 14.  Subsections (5) and (6) are added to section
389450.28, Florida Statutes, to read:
390     450.28  Definitions.--
391     (5)  "Minor violation" means a violation of a specific
392state or federal law or rule that does not present an imminent
393threat to the health, safety, or welfare of any employee of a
394farm labor contractor.
395     (6)  "Major violation" means a violation of a specific
396state or federal law or rule that presents an imminent threat to
397the health, safety, or welfare of any employee of a farm labor
398contractor.
399     Section 15.  Subsections (6) and (7) of section 450.30,
400Florida Statutes, are amended to read:
401     450.30  Requirement of certificate of registration;
402education and examination program.--
403     (6)  The department shall require an applicant for renewal
404of a certificate of registration to retake the examination only
405if:
406     (a)  During the prior certification period, the department
407issued a final order assessing a civil monetary penalty for a
408major violation of this part or revoked or refused to renew or
409issue a certificate of registration; or
410     (b)  The department determines that new requirements
411related to the duties and responsibilities of a farm labor
412contractor necessitate a new examination.
413     (7)  The department shall charge each applicant a $35 fee
414for the education and examination program. Such fees shall be
415deposited in the Professional Regulation Crew Chief Registration
416Trust Fund.
417     Section 16.  Subsections (1) and (2) of section 450.31,
418Florida Statutes, are amended, and subsections (5) and (6) are
419added to said section, to read:
420     450.31  Issuance, revocation, and suspension of, and
421refusal to issue or renew, certificate of registration.--
422     (1)  The department shall not issue to any person a
423certificate of registration as a farm labor contractor, nor
424shall it renew such certificate, until:
425     (a)  Such person has executed a written application
426therefor in a form and pursuant to regulations prescribed by the
427department and has submitted such information as the department
428may prescribe.
429     (b)  Such person has obtained and holds a valid federal
430certificate of registration as a farm labor contractor, or a
431farm labor contractor employee, unless exempt by federal law.
432     (c)  Such person pays to the department, by cashier's check
433in cash, certified check, or money order, a nonrefundable
434application fee of $125 $75. Fees collected by the department
435under this subsection shall be deposited in the State Treasury
436into the Professional Regulation Crew Chief Registration Trust
437Fund, which is hereby created, and shall be utilized for
438administration of this part.
439     (d)  Such person has successfully taken and passed the farm
440labor contractor examination.
441     (e)  Such person has designated an agent to receive service
442of process and other official or legal documents. The agent must
443be available during regular business hours, Monday through
444Friday, to accept service on behalf of the farm labor
445contractor.
446     (2)  The department may revoke, suspend, or refuse to issue
447or renew any certificate of registration when it is shown that
448the farm labor contractor has:
449     (a)  Violated or failed to comply with any provision of
450this part or the rules adopted pursuant to this part s. 450.36.
451     (b)  Made any misrepresentation or false statement in his
452or her application for a certificate of registration.
453     (c)  Given false or misleading information concerning
454terms, conditions, or existence of employment to persons who are
455recruited or hired to work on a farm.
456     (d)  A civil fine, assessed by the department, that remains
457unpaid.
458     (e)  Failed to pay unemployment compensation taxes as
459determined by the Agency for Workforce Innovation.
460     (f)  Been denied a federal certificate of registration as a
461farm labor contractor or has had such certificate suspended or
462revoked.
463     (g)  Failed to pay federal employee taxes as determined by
464the Internal Revenue Service.
465     (5)  The department may permanently refuse to issue or
466renew or may revoke the certificate of registration if such
467applicant or certificateholder has been convicted within the
468preceding 5 years of:
469     (a)  Any crime under state or federal law relating to
470gambling, or to the sale, distribution, or possession of
471alcoholic beverages, in connection with, or incident to, any
472farm labor contracting activities; or
473     (b)  Any felony under state or federal law involving
474robbery, bribery, extortion, embezzlement, grand larceny,
475burglary, arson, violation of narcotics laws, murder, rape,
476assault with intent to kill, assault that inflicts grievous
477bodily injury, prostitution, peonage, or smuggling or harboring
478individuals who have entered the country illegally.
479     (6)  Receipt and acceptance of a certificate of
480registration as a farm labor contractor constitutes
481unconditional permission for, and complete acquiescence to, any
482inspection by department personnel of books, ledgers, and all
483other documents that are related to the performance of farm
484labor activities.
485     Section 17.  Section 450.321, Florida Statutes, is created
486to read:
487     450.321  Best practices incentive program for farm labor
488contractors.--
489     (1)  To promote compliance with this part, and to help the
490public identify farm labor contractors who have demonstrated a
491firm commitment to responsible and safe labor practices, the
492department shall develop and implement a best practices program.
493     (2)  Farm labor contractors desiring designation as a best
494practices farm labor contractor must meet requirements
495established by the department. The designation is
496nontransferable.
497     (3)  The department is authorized to enter into partnership
498agreements with farm labor contractors to memorialize the
499responsibilities of each party to the agreement regarding the
500requirements to receive and maintain a best practices
501designation. Recipients of a designation as a best practices
502farm labor contractor may use this designation when soliciting
503business, while the designation is in effect.
504     (4)  A designation as a best practices farm labor
505contractor may be revoked if the department determines that the
506recipient of the designation has failed to comply with any of
507the requirements. Upon revocation, the recipient of the
508designation must cease all solicitation using the best practices
509farm labor contractor designation.  
510     (5)  The unauthorized use of the designation as a best
511practices farm labor contractor is prohibited. The grant of a
512designation as a best practices farm labor contractor shall not
513constitute endorsement of the recipient by the department, nor
514may it be characterized as such.
515     (6)  In no event may the department be held liable in any
516civil action for any damages resulting from the granting,
517denying, suspending, or revoking of a designation as a best
518practices farm labor contractor.
519     (7)  The department shall establish an incentive program
520for farm labor contractors receiving best practices designation.
521     Section 18.  Subsection (10) of section 450.33, Florida
522Statutes, is amended, and subsection (11) is added to said
523section, to read:
524     450.33  Duties of farm labor contractor.--Every farm labor
525contractor must:
526     (10)  Comply with all applicable statutes, rules, and
527regulations of the United States and of the State of Florida for
528the protection or benefit of labor, including, but not limited
529to, those providing for wages, hours, fair labor standards,
530social security, workers' compensation, unemployment
531compensation, child labor, and transportation. The department
532shall not suspend or revoke a certificate of registration
533pursuant to this subsection unless:
534     (a)  A court or agency of competent jurisdiction renders a
535judgment or other final decision that a violation of one of the
536laws, rules, or regulations has occurred and, if invoked, the
537appellate process is exhausted;
538     (b)  An administrative hearing pursuant to ss. 120.569 and
539120.57 is held on the suspension or revocation and the
540administrative law judge finds that a violation of one of the
541laws, rules, or regulations has occurred and, if invoked, the
542appellate process is exhausted; or
543     (c)  The holder of a certificate of registration stipulates
544that a violation has occurred or defaults in the administrative
545proceedings brought to suspend or revoke his or her
546registration.
547     (11)  Maintain accurate daily field records for each
548employee actually paid by the farm labor contractor reflecting
549the hours worked for the farm labor contractor and, if paid by
550unit, the number of units harvested and the amount paid per
551unit.
552     Section 19.  Subsections (4) and (5) are added to section
553450.34, Florida Statutes, to read:
554     450.34  Prohibited acts of farm labor contractor.--A
555licensee may not:
556     (4)  Retaliate against any person because the person has
557filed a complaint or aided an investigation pursuant to this
558part.
559     (5)  Contract with or employ any person acting in the
560capacity of a farm labor contractor, or performing activities
561defined in s. 450.28(1), who does not have a current certificate
562of registration issued by the department pursuant to the
563requirements of this part.
564     Section 20.  Section 450.35, Florida Statutes, is amended
565to read:
566     450.35  Certain contracts or employment prohibited.--It is
567unlawful for any person to contract with or employ for the
568employment of farm workers with any farm labor contractor as
569defined in this act until the labor contractor displays to him
570or her a current certificate of registration issued by the
571department pursuant to the requirements of this part. A
572violation of this section is subject to the penalty provided in
573s. 450.38(1).
574     Section 21.  Section 450.37, Florida Statutes, is amended
575to read:
576     450.37  Cooperation with federal and state agencies.--The
577department shall, whenever appropriate, cooperate with any
578federal agency. The department is authorized and empowered to
579cooperate with and enter into agreements with any other agency
580of this state for the purpose of carrying out the provisions of
581this part and securing uniformity of regulations.
582     Section 22.  Section 450.38, Florida Statutes, is amended
583to read:
584     450.38  Enforcement of farm labor contractor laws.--
585     (1)  Any person, firm, association, or corporation not
586excluded under s. 450.29 who commits a minor violation violates
587any provision of this part and, upon conviction, is guilty of
588commits a misdemeanor of the second degree, is punishable as
589provided in s. 775.082 or s. 775.083.
590     (2)  Any person, firm, association, or corporation who
591commits a major violation of this part and, upon conviction, is
592guilty of a felony of the third degree, is punishable as
593provided in s. 775.082, s. 775.083, or s. 775.084.
594     (3)(2)  Any person who, on or after June 19, 1985, commits
595a violation of this part or of any rule adopted thereunder may
596be assessed a civil penalty of not more than $2,500 $1,000 for
597each such violation. Such assessed penalties shall be paid by
598cashier's check in cash, certified check, or money order and
599shall be deposited into the General Revenue Fund. The department
600shall not institute or maintain any administrative proceeding to
601assess a civil penalty under this subsection when the violation
602is the subject of a criminal indictment or information under
603this section which results in a criminal penalty being imposed,
604or of a criminal, civil, or administrative proceeding by the
605United States government or an agency thereof which results in a
606criminal or civil penalty being imposed. The department may
607adopt rules prescribing the criteria to be used to determine the
608amount of the civil penalty and to provide notification to
609persons assessed a civil penalty under this section.
610     (4)(3)  Upon a complaint of the department being filed in
611the circuit court of the county in which the farm labor
612contractor resides or may be doing business, any farm labor
613contractor who fails to obtain a certificate of registration as
614required by this part may, in addition to such penalties, be
615enjoined from engaging in any activity which requires the farm
616labor contractor to possess a certificate of registration.
617     (5)(4)  For the purpose of any investigation or proceeding
618conducted by the department, the secretary of the department or
619the secretary's designee shall have the power to administer
620oaths, take depositions, make inspections when authorized by
621statute, issue subpoenas which shall be supported by affidavit,
622serve subpoenas and other process, and compel the attendance of
623witnesses and the production of books, papers, documents, and
624other evidence. The secretary of the department or the
625secretary's designee shall exercise this power on the
626secretary's own initiative.
627     (6)  A farm labor contractor who commits a minor violation
628of this part shall be issued a warning for the first violation.
629A civil penalty in increments of $250 may be assessed for each
630successive violation of a specific statute or rule of this part
631within a 2-year period from the date of the first violation.
632After reaching the $2,500 maximum amount of a cumulative fine
633for minor violations, the certificate of registration may be
634revoked.
635     (7)  A farm labor contractor who commits a major violation
636of a specific statute or rule of this part shall be assessed a
637civil penalty of at least $750 for the first violation, of at
638least $1,500 for the second violation, and of not more than
639$2,500 for the third such violation within a 2-year period from
640the date of the first violation. The certificate of registration
641may be revoked for the fourth such violation within a 2-year
642period from the date of the first violation. 


CODING: Words stricken are deletions; words underlined are additions.
Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2020 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader