Florida 2023 2023 Regular Session

Florida House Bill H0895 Introduced / Bill

Filed 02/16/2023

                       
 
HB 895  	2023 
 
 
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to the Labor Pool Act; amending s. 2 
448.24, F.S.; providing that a labor pool satisfies 3 
certain requirements if its facilities meet the 4 
minimum requirements in the Florida Building Code and 5 
any local amendments thereto; providing drinking water 6 
alternatives; amending s. 448.25, F.S.; requiring an 7 
aggrieved worker to provide specified notice to a 8 
labor pool before bringing a civil action; a uthorizing 9 
a labor pool to cure alleged violations in certain 10 
ways; requiring that a civil action be brought within 11 
a certain time period; providing exclusive remedies; 12 
providing an effective date. 13 
 14 
Be It Enacted by the Legislature of the State of Flor ida: 15 
 16 
 Section 1.  Subsection (5) of section 448.24, Florida 17 
Statutes, is amended to read: 18 
 448.24  Duties and rights. — 19 
 (5)  A labor pool that operates a labor hall must provide 20 
facilities for a worker waiting at the labor hall for a job 21 
assignment that include: 22 
 (a) restroom facilities,. 23 
 (b) drinking water, and. 24 
 (c) sufficient seating. A labor pool satisfies this 25     
 
HB 895  	2023 
 
 
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
subsection if its labor hall facilities comply with all minimum 26 
requirements for public restrooms, drinking fountains, and 27 
seating in the Florida Building Code and any local amendments 28 
thereto. A labor pool may also provide drinking water through a 29 
water cooler dispenser, by offering bottled water, or by any 30 
other similar means. 31 
 Section 2.  Section 448.25, Florida Statutes, is amended to 32 
read: 33 
 448.25  Remedies; damages; costs. — 34 
 (1)(a) Any worker aggrieved by a violation of s. 448.24 35 
has shall have the right to bring a civil action in a court of 36 
competent jurisdiction against the labor pool responsible for 37 
such violation. 38 
 (b)  Before bringing a civil action pursuant to this 39 
section, an aggrieved worker must give the labor pool a 40 
reasonable opportunity to cure the alleged violation. The 41 
aggrieved worker must serve the labor pool in accordance with s. 42 
48.081 with written notice of the all eged violation. Such notice 43 
must include a statement that failure by the labor pool to cure 44 
the alleged violation within 60 days after receipt of the notice 45 
may result in a civil action being filed against it in a court 46 
of competent jurisdiction. A labor p ool may cure a violation 47 
relating to its labor hall facilities by modifying the alleged 48 
violation to comply with s. 448.24(5). 49 
 (c) In any action commenced pursuant to this section part, 50     
 
HB 895  	2023 
 
 
 
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the aggrieved worker is shall be entitled to recover actual and 51 
consequential damages, or $1,000, whichever is greater, for each 52 
violation of s. 448.24 this part, and costs. 53 
 (2)  A civil action brought under s. 448.24 must be filed 54 
within 1 year after the date the aggrieved worker serves written 55 
notice of the alleged viol ation on the labor pool. 56 
 (3)(2) The remedies provided by this part are not 57 
exclusive and shall not preclude the aggrieved worker from 58 
pursuing any other remedy at law or equity which the worker may 59 
have. 60 
 Section 3.  This act shall take effect July 1, 2023. 61