This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0895.RRS
DATE: 3/14/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 895 Labor Pool Act
SPONSOR(S): Basabe
TIED BILLS: IDEN./SIM. BILLS: SB 1154
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY
CHIEF
1) Regulatory Reform & Economic
Development Subcommittee
Wright Anstead
2) Civil Justice Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
The Labor Pool Act was enacted in 1995 to protect the health, safety, and well-being of day laborers
throughout the state. The act outlines uniform standards of conduct and practice for labor pools. If a labor pool
operates a labor hall, the labor pool must supply workers with drinking water, seating, and restrooms. Labor
pools must also comply with certain requirements related to payment and safety equipment.
The bill amends the Labor Pool Act to provide that a labor pool satisfies the statutory requirements related to
the provision of restroom facilities, drinking water, and sufficient seating if its labor hall facility complies with all
minimum requirements for public restrooms, drinking fountains, and seating in the Florida Building Code.
The bill also requires that a worker aggrieved by a violation of the Labor Pool Act must provide written notice of
the alleged violation and give the labor pool 60 days to cure the alleged violation before bringing a civil action.
A civil action must be commenced within one year after the date that the aggrieved worker serves the written
notice of the alleged violation.
The bill provides that the remedies specified in the Labor Pool Act are the exclusive remedies for an aggrieved
worker.
The bill does not appear to have a fiscal impact on state or local governments.
The bill takes effect July 1, 2023. STORAGE NAME: h0895.RRS PAGE: 2
DATE: 3/14/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
The Labor Pool Act – Current Situation
Part II of ch. 448, F.S., also known as the Labor Pool Act,
1
was enacted in 1995 to protect the health,
safety, and well-being of day laborers throughout the state. A labor pool is defined as a business entity
that operates a labor hall
2
by one or more of the following methods:
Contracting with third-party users to supply day laborers on a temporary basis;
Hiring, employing, recruiting, or contracting with workers to fulfill contracts for temporary labor;
or
Fulfilling any contracts for day labor in accordance with the act, even if the entity also conducts
other business.
3
The act also outlines uniform standards of conduct and practice for labor pools.
A labor pool must not:
Charge a day laborer:
4
o For safety equipment, clothing, accessories, or any other items required by the nature of
the work;
o More than a reasonable amount to transport a worker to or from the designated worksite;
or
o For directly or indirectly cashing a worker’s check.
5
Request or require that any day laborer sign any document waiving statutory protections.
6
Charge more than the actual cost of providing lunch, if the labor pool provides lunch at the
worksite.
7
Restrict a day laborer’s right to accept a permanent position with a third-party user to whom the
laborer is referred for temporary work, or to restrict the right of a third-party user to offer
employment to an employee of the labor pool.
8
A labor pool must:
If operating a labor hall, provide the following facilities for a worker waiting at the hall for a job
assignment:
9
o Restroom facilities;
o Drinking water; and
o Sufficient seating.
Select one of the following methods to pay a day laborer for work performed:
10
o Cash;
o Commonly accepted negotiable instruments that are payable in cash, on demand at a
financial institution, and without discount;
1
Ch. 95-332, L.O.F.
2
S. 448.22(3), F.S., defines a “labor hall” as a central location maintained by a labor pool where day laborers assemble and are
dispatched to work for a third-party user.
3
S. 448.22(1), F.S. The act also specifically excludes certain businesses from its provisions: businesses registered as farm labor
contractors; employee leasing companies; temporary help services that solely provide white collar employees, secretarial employees,
clerical employees, or skilled laborers; labor union hiring halls; or labor bureau or employment offices operated by a business entity
for the sole purpose of employing an individual for its own use. See s. 448.23, F.S.
4
“Day labor” means temporary labor or employment that is occasional or irregular for which the worker is employed for not longer
than the time period required to complete the temporary assignment for which the individual worker was hired, although an individual
may be eligible for additional temporary assignments when available. See s. 448.22(2), F.S.
5
S. 448.24(1), F.S.
6
S. 448.24(3), F.S.
7
S. 448.24(4), F.S.
8
S. 448.24(6), F.S.
9
S. 448.24(5), F.S.
10
S. 448.24(2), F.S. STORAGE NAME: h0895.RRS PAGE: 3
DATE: 3/14/2023
o Payroll debit card; or
o Electronic fund transfer.
Notify a day laborer of the payment method that the labor pool intends to use and the day
laborer’s options to elect a different payment method.
11
If selecting to pay a day laborer by payroll debit card:
12
o Offer the day laborer the option to elect payment by electronic fund transfer; and
o Provide the day laborer with a list, including the address, of a nearby business that does
not charge a fee to withdraw the debit card’s contents.
Compensate day laborers at or above the minimum wage.
13
Comply with the Workers’ Compensation Law in ch. 440, F.S.
14
Insure any motor vehicle owned or operated by the labor pool and used for worker
transportation.
15
Furnish each worker with a written itemized statement showing in detail each wage deduction.
Give each worker an annual earnings statement summary.
16
Remedies
Any worker aggrieved by a violation of the provisions relating to labor pool duties in s. 448.24, F.S., has
the right to bring a civil action in a court of competent jurisdiction against the labor pool. In any such
action, the worker is entitled to recover actual and consequential damages, or $1,000, whichever is
greater, for each violation, and costs. These remedies are not exclusive and do not preclude the
worker from pursuing any other remedy at law or equity available to the worker.
17
Florida Building Code
In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a minimum
building code. In 1992, Hurricane Andrew demonstrated that Florida’s system of local codes did not
work and a study was commissioned to make recommendations. In 1998, the Legislature adopted the
recommendations for a single state building code and enhanced the oversight role of the state over
local code enforcement. The 2000 Legislature authorized implementation of the Florida Building Code
(Building Code), and that first edition replaced all local codes on March 1, 2002.
18
The current edition of
the Building Code is the seventh edition, which is referred to as the 2020 Florida Building Code.
19
Chapter 553, part IV, F.S., is known as the “Florida Building Codes Act” (act). The purpose and intent of
the act is to provide a mechanism for the uniform adoption, updating, interpretation, and enforcement of
a single, unified state building code. The Building Code must be applied, administered, and enforced
uniformly and consistently from jurisdiction to jurisdiction.
20
The Florida Building Commission was statutorily created to implement the Building Code. The
commission, which is housed within the Department of Business and Professional Regulation (DBPR),
is a 19-member technical body made up of design professionals, contractors, and government experts
in various disciplines covered by the Building Code. The commission reviews several International
Codes published by the International Code Council,
21
the National Electric Code, and other nationally
11
Id.
12
Id.
13
Id.
14
Id.
15
Id.
16
Id.
17
S. 448.25, F.S.
18
The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4,
http://www.floridabuilding.org/fbc/2006_Legislature_Rpt_rev2.pdf (last visited Feb. 13, 2023).
19
Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited Feb. 13, 2023).
20
S. 553.72(1), F.S.
21
The International Code Council (ICC) is an association that develops model codes and standards used in the design, building, and
compliance process to “construct safe, sustainable, affordable and resilient structures.” International Code Council, About the ICC,
available at https://www.iccsafe.org/about/who-we-are/ (last visited Mar. 12, 2023). STORAGE NAME: h0895.RRS PAGE: 4
DATE: 3/14/2023
adopted model codes to determine if the Building Code needs to be updated and adopts an updated
Building Code every three years.
22
Local governments may adopt amendments that are more stringent than the Building Code that are
limited to the local government’s jurisdiction. Amendments by local governments expire upon the
adoption of the newest edition of the building code, and, thus, the local government would need to go
through the amendment process every three years in order to maintain a local amendment to the
building code.
23
Water Closets and Drinking Fountains in the Florida Building Code
Section 403 of the Building Code sets standards for minimum plumbing facilities. Such requirement
varies based upon the actual use of the building or space. For the “Business” classification, the Water
Closet occupant load requirement is 1 per 25 for the first 50 and 1 per 50 for the remainder exceeding
50, and the Drinking Fountain occupant load requirement is 1 per 100.
24
Drinking fountains are not
required for an occupant load of 15 or fewer.
25
There does not appear to be specific minimum seating
requirements for general businesses in the Building Code.
The Labor Pool Act – Effect of the Bill
The bill amends the duties of a labor pool in s. 448.24(5), F.S., to provide that a labor pool satisfies the
requirements related to restroom facilities, drinking water, and sufficient seating if its labor hall facilities
comply with all minimum requirements for public restrooms, drinking fountains, and seating in the
Florida Building Code, and any local amendments thereto. A labor pool may also provide drinking water
through a water cooler dispenser, by offering bottled water, or by any other similar means.
The bill amends the remedies provisions to provide that before bringing a civil action pursuant to s.
448.25, F.S., an aggrieved worker must give the labor pool a reasonable opportunity to cure the alleged
violation. The aggrieved worker must serve the labor pool in accordance with s. 48.081, F.S.,
26
with
written notice of the alleged violation. The notice must include a statement that failure by the labor pool
to cure the alleged violation within 60 days after receipt of the notice may result in a civil action being
filed against it in court. A labor pool may cure a violation relating to its labor hall facilities by modifying
the alleged violation to comply with the requirements.
A civil action brought under the provisions relating to labor pool duties must be filed within one year
after the date the aggrieved worker serves written notice of the alleged violation on the labor pool.
The bill also provides that the remedies provided by Part II of ch. 448, F.S., are exclusive and preclude
the aggrieved worker from pursuing any other remedy at law or equity which the worker may have.
The bill takes effect July 1, 2023
B. SECTION DIRECTORY:
Section 1: Amends s. 448.24, F.S.; relating to minimum labor pool hall facility requirements.
Section 2: Amends s. 448.25, F.S.; relating to remedies.
Section 3: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
22
Ss. 553.73, and 553.74, F.S.
23
S. 553.73(4), F.S.
24
2020 Florida Building Code, Plumbing, 7
th
Edition, available at: https://codes.iccsafe.org/content/FLPC2020P1/chapter-4-fixtures-
faucets-and-fixture-fittings#:~:text=403.3Required%20public%20toilet%20facilities,be%20provided%20with%20toilet%20facilities
(last visited Mar. 12, 2023).
25
2020 Florida Building Code, Plumbing, 7
th
Edition, § 410.2.
26
S. 48.081, F.S., specifies the procedures to be followed in serving process on a corporation. STORAGE NAME: h0895.RRS PAGE: 5
DATE: 3/14/2023
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may reduce litigation expenses for labor pools due to the mandatory cure period.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to affect county or municipal governments.
2. Other:
It is unclear if the limitation on remedies is intended to apply only to violations of s. 448.24, F.S. If the
limitation is intended to be broader, it may potentially run afoul of the Florida Constitution, art. I, s.
21, which provides that “[t]he courts shall be open to every person for redress of any injury, and
justice shall be administered without sale, denial or delay.”
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES