317747
 ((LATE FILED FOR: 4/24/2008 8:00:00 AM))Amendment
Bill No. CS/CS/HB 601
Amendment No. 317747
CHAMBER ACTION
Senate House
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1Representative Hudson offered the following:
2
3     Amendment (with title amendment)
4     Between lines 1111 and 1112, insert:
5     Section 19.  Effective October 1, 2008, part IV of chapter
6450, Florida Statutes, consisting of sections 450.401, 450.402,
7450.4021, 450.4022, 450.403, 450.404, 450.405, 450.406, 450.407,
8450.409, 450.410, and 450.411, is created to read:
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PART IV
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FOREIGN LABOR CONTRACTOR REGISTRATION
11     450.401  Short title.--This part shall be known as the
12"Foreign Labor Contractor Registration Law."
13     450.402  Applicability.--This part shall apply to all
14natural persons, corporations, limited liability companies,
15partnerships, or other such entities which engage in the
16practices described in this part within this state, between this
17state and another state, or between this state and a foreign
18country.
19     450.4021  Exemption.--This part does not apply to any
20employee of a person described in s. 450.403(2) who performs
21activities solely on the behalf of that employer and is not an
22independent contractor.
23     450.4022  Administration.--Existing funds provided under
24part III of this chapter may be used by the department to
25administer this part.
26     450.403  Definitions.--As used in this part:
27     (1)  "Department" means the Department of Business and
28Professional Regulation.
29     (2)  "Foreign labor contractor" means:
30     (a)  Any person who, for a fee or other valuable
31consideration, recruits, transports into, out of, or within the
32state, supplies, or hires at any one time in any calendar year
33one or more foreign workers to work for, or under the direction,
34supervision, or control of, a third person; or
35     (b)  Any person who recruits, transports into, out of, or
36within the state, supplies, or hires at any one time in any
37calendar year one or more foreign workers and who, for a fee or
38other valuable consideration, directs, supervises, or controls
39all or any part of the work of such workers.
40     (3)  "Foreign worker" means an individual holding an H2B
41temporary work visa issued by the United States Government.
42     (4)  "Major violation" means a violation of a specific
43state or federal law or rule that results in economic or
44physical harm to any foreign worker recruited, transported,
45supplied, or hired by a foreign labor contractor or creates a
46significant threat of such harm. The term also includes failure
47to register as a foreign labor contractor as provided in this
48part.
49     (5)  "Minor violation" means a violation of a specific
50state or federal law or rule that does not result in economic or
51physical harm to any foreign worker recruited, transported,
52supplied, or hired by a foreign labor contractor or create a
53significant threat of such harm.
54     (6)  "Registrant" means a person who has obtained a
55certificate of registration under this part.
56     450.404  Requirement of certificate of registration.--
57     (1)  No person may act as a foreign labor contractor until
58a certificate of registration has been issued to such person by
59the department and unless such certificate is in full force and
60effect and is in his or her possession.
61     (2)  No certificate of registration may be transferred or
62assigned.
63     (3)  Unless sooner revoked, each certificate of
64registration, regardless of the date of issuance, shall be
65renewed on the last day of the birth month of the registrant
66following the date of issuance and, thereafter, each year on the
67last day of the birth month of the registrant. The date of
68formation shall be used in lieu of birthdate for registrants
69that are not natural persons. Applications for certificates of
70registration and renewal thereof shall be on a form prescribed
71by the department.
72     (4)  The department may adopt rules pursuant to ss.
73120.536(1) and 120.54 prescribing the procedures to be followed
74to register as a foreign labor contractor.
75     450.405  Issuance, revocation, and suspension of, and
76refusal to issue or renew certificate of, registration.--
77     (1)  The department shall not issue to any person a
78certificate of registration as a foreign labor contractor, nor
79shall it renew such certificate, until:
80     (a)  Such person has executed a written application, signed
81under oath, in a form and pursuant to rules adopted by the
82department and has submitted such information as the department
83may prescribe.
84     (b)  Such person pays to the department, by cashier's
85check, certified check, or money order, a nonrefundable
86application fee of $125. Fees collected by the department under
87this subsection shall be deposited in the State Treasury into
88the Professional Regulation Trust Fund.
89     (c)  Such person has designated an agent to receive service
90of process and other official or legal documents. The agent must
91be available during regular business hours, Monday through
92Friday, to accept service on behalf of the foreign labor
93contractor.
94     (d)  Such person has provided proof of liability insurance
95in an amount not less than $1,000,000. The foreign labor
96contractor must maintain the liability insurance in effect as
97long as the registration is in effect.
98     (2)  The department may revoke, suspend, or refuse to issue
99or renew any certificate of registration when it is shown that
100the foreign labor contractor has:
101     (a)  Violated or failed to comply with any provision of
102this part or the rules adopted pursuant to this part;
103     (b)  Made any misrepresentation or false statement in his
104or her application for a certificate of registration;
105     (c)  Given false or misleading information concerning
106terms, conditions, or existence of employment to persons who are
107recruited or hired to work;
108     (d)  Been assessed a civil fine by the department for which
109payment is overdue;
110     (e)  Failed to pay unemployment compensation taxes as
111determined by the Agency for Workforce Innovation;
112     (f)  Been denied, or had suspended or revoked, a federal
113certificate of registration as a foreign labor contractor; or
114     (g)  Failed to pay federal employee taxes as determined by
115the Internal Revenue Service.
116     (3)  The revocation, suspension of, or refusal to renew any
117permit pursuant to this section will not render any then-current
118and valid contract invalid nor affect the terms of such contract
119then in progress.
120     (4)  The department may refuse to issue or renew, or may
121suspend or revoke, a certificate of registration if the
122applicant or holder is not the real party in interest in the
123application or certificate of registration and the real party in
124interest is a person who has been refused issuance or renewal of
125a certificate, has had a certificate suspended or revoked, or
126does not qualify under this section for a certificate.
127     (5)  The department may permanently revoke or refuse to
128issue or renew a certificate of registration if such applicant
129or registrant has been convicted within the preceding 5 years
130of:
131     (a)  A crime under state or federal law:
132     1.  Relating to gambling, or to the sale, distribution, or
133possession of alcoholic beverages; and
134     2.  Committed in connection with, or incident to, any
135foreign labor contracting activities, including employment of
136undocumented aliens and aiding or abetting such unlawful
137employment;
138     (b)  Any felony under state or federal law involving
139robbery, bribery, extortion, embezzlement, fraud, grand larceny,
140burglary, or arson;
141     (c)  A violation of narcotics laws, murder, rape, assault
142with intent to kill, assault that inflicts grievous bodily
143injury, prostitution, peonage, smuggling, or harboring
144individuals who have entered the country illegally; or
145     (d)  A major violation under this part.
146     (6)  A person may not act as a foreign labor contractor
147after the expiration, cancellation, suspension, or revocation of
148his or her registration.
149     450.406  Duties of foreign labor contractor.--Every foreign
150labor contractor must:
151     (1)  Exhibit the certificate of registration to all persons
152with whom the foreign labor contractor intends to deal in his or
153her capacity as a foreign labor contractor before so dealing
154and, upon request, to persons designated by the department.
155     (2)  Pay or distribute promptly, when due, to the
156individuals entitled thereto all moneys or other things of value
157entrusted to the registrant by any third person for such
158purpose.
159     (3)  Comply with the terms and provisions of all legal and
160valid agreements and contracts entered into between a foreign
161labor contractor and a third person in connection with, or
162incident to, any foreign labor contracting activities.
163     (4)  Take out an insurance policy with any insurance
164carrier which policy insures such registrant against liability
165for damage to persons or property arising out of the operation
166or ownership of any vehicle or vehicles for the transportation
167of individuals in connection with his or her business,
168activities, or operations as a foreign labor contractor. In no
169event may the amount of such liability insurance be less than
170that required by the provisions of the financial responsibility
171law of this state. Any insurance carrier that is licensed to
172operate in this state and that has issued a policy of liability
173insurance to operate a vehicle used to transport foreign workers
174shall notify the department when it intends to cancel such
175policy.
176     (5)  Maintain such records as may be designated by the
177department.
178     (6)  Comply with all applicable statutes, rules, and
179regulations of the United States and of the state for the
180protection or benefit of labor, including, but not limited to,
181those providing for wages, hours, fair labor standards, social
182security, workers' compensation, unemployment compensation,
183child labor, and transportation.
184     450.407  Prohibited acts of foreign labor contractor.--A
185registrantlicensee may not:
186     (1)  Make any misrepresentation or false statement in his
187or her application for a certificate of registration.
188     (2)  Make or cause to be made to any person any false,
189fraudulent, or misleading representation or publish or circulate
190or cause to be published or circulated any false, fraudulent, or
191misleading information concerning the terms, conditions, or
192existence of employment at any place or places, by any person or
193persons, or of any individual or individuals.
194     (3)  Retaliate against any person that has filed a
195complaint or aided an investigation pursuant to this part.
196     (4)  Contract with or employ any person acting in the
197capacity of a foreign labor contractor, or performing activities
198defined in s. 450.403, when that person does not have a current
199certificate of registration issued by the department pursuant to
200the requirements of this part.
201     450.409  Rules.--The department may adopt rules pursuant to
202ss. 120.536(1) and 120.54 to implement this part.
203     450.410  Cooperation with state and federal agencies.--The
204department shall, whenever appropriate, cooperate with any
205federal agency. The department may cooperate with and enter into
206agreements with any other state agency to administer this
207chapter or secure uniform rules.
208     450.411  Enforcement of foreign labor laws.--
209     (1)  In addition to any other remedies provided in this
210part, the department may impose a civil penalty against any
211person, firm, association, or corporation that commits a
212violation of this part or of any rule adopted pursuant to this
213part, and such person, firm, association, or corporation may be
214assessed a civil penalty of not more than $2,500 for each such
215violation. Such assessed penalties shall be paid by cashier's
216check, certified check, or money order and shall be deposited
217into the General Revenue Fund. The department shall not
218institute or maintain any administrative proceeding to assess a
219civil penalty under this subsection when the violation is the
220subject of a criminal indictment or information under this
221section which results in a criminal penalty being imposed or
222when the violation is the subject of a criminal, civil, or
223administrative proceeding by the United States Government or an
224agency thereof which results in a criminal or civil penalty
225being imposed. The department may adopt rules prescribing the
226criteria to be used to determine the amount of the civil penalty
227and to provide notification to persons assessed a civil penalty
228under this subsection.
229     (2)  Upon a complaint of the department being filed in the
230circuit court of the county in which the foreign labor
231contractor resides or may be doing business, any foreign labor
232contractor who fails to obtain a certificate of registration as
233required by this part may, in addition to such penalties, be
234enjoined from engaging in any activity which requires the
235foreign labor contractor to possess a certificate of
236registration.
237     (3)  For the purpose of any investigation or proceeding
238conducted by the department, the secretary of the department or
239the secretary's designee shall have the power to administer
240oaths, take depositions, make inspections when authorized by
241statute, issue subpoenas which shall be supported by affidavit,
242serve subpoenas and other process, and compel the attendance of
243witnesses and the production of books, papers, documents, and
244other evidence. The secretary of the department or the
245secretary's designee shall exercise this power on the
246secretary's own initiative.
247     (4)  A foreign labor contractor who commits a minor
248violation of this part shall be issued a warning for the first
249violation. A civil penalty in increments of $250 may be assessed
250for each successive violation of a specific statute or rule of
251this part up to a maximum of $2,500.
252     (5)  A foreign labor contractor who commits a major
253violation of a specific statute or rule of this part shall be
254assessed a civil penalty of up to $2,500 in accordance with the
255criteria established by the department pursuant to this section.
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T I T L E  A M E N D M E N T
260     Remove line 132 and insert:
261department; creating part IV of ch. 450, F.S., relating to
262foreign labor contractor registration; providing a short title;
263providing applicability; providing an exemption; specifying
264funds for administration of the part by the department;
265providing definitions; requiring a certificate of registration;
266prohibiting transferability or assignment of the certificate of
267registration; providing for renewal date; providing for rules;
268providing eligibility requirements for issuance of a certificate
269of registration; providing grounds for revocation, suspension,
270or refusal to issue or renew any certificate of registration;
271providing duties of a foreign labor contractor; delineating
272prohibited acts; authorizing the department to adopt rules to
273implement the provisions of this part; providing for cooperation
274with state and federal agencies; providing for enforcement and
275penalties; providing for assessment of civil penalties; amending
276s. 455.203, F.S.; authorizing the
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CODING: Words stricken are deletions; words underlined are additions.

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