This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0895e.COM
DATE: 4/11/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 895 Labor Pool Act
SPONSOR(S): Regulatory Reform & Economic Development Subcommittee, Basabe
TIED BILLS: IDEN./SIM. BILLS: SB 1154
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY
CHIEF
1) Regulatory Reform & Economic Development
Subcommittee
14 Y, 0 N, As CS Wright Anstead
2) Civil Justice Subcommittee 16 Y, 0 N Mawn Jones
3) Commerce Committee 18 Y, 0 N Wright Hamon
SUMMARY ANALYSIS
The Labor Pool Act (“Act”) was enacted in 1995 to protect the health, safety, and well-being of day laborers
throughout the state by outlining uniform standards of conduct and practice for labor pools. The Act requires a
labor pool that operates a labor hall to supply workers with drinking water, sufficient seating, and restroom
facilities. Labor pools must also comply with certain requirements related to payment and safety equipment.
When a worker is affected by a violation of the Act, the worker may seek legal remedies as specified in the Act,
or any other available legal remedy.
The bill provides that a labor pool satisfies the statutory requirements for providing restroom facilities and
drinking water if its labor hall facilities comply with all minimum requirements for public restrooms and drinking
fountains in the Florida Building Code. The bill also provides that a labor pool may provide drinking water
through a water cooler dispenser, by offering bottled water, or by any other similar means.
The bill requires that a worker affected by a violation of the Act must provide written notice of
the alleged violation to the labor pool and give the labor pool 60 days to cure the alleged violation before
bringing a lawsuit against the labor pool. Such a lawsuit must be commenced within one year after the date
that the affected worker serves the written notice.
The bill provides that the remedies specified in the Act for a worker affected by a violation of the Act are the
only remedies available to the worker, and therefore the worker may not pursue any other legal remedy.
The bill does not appear to have a fiscal impact on state or local governments.
The bill provides an effective date of July 1, 2023. STORAGE NAME: h0895e.COM PAGE: 2
DATE: 4/11/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Florida Labor Pool Act – Current Situation
Part II of ch. 448, F.S., also known as the Labor Pool Act (“Act”),
1
was enacted in 1995 to protect the
health, safety, and well-being of day laborers throughout the state and to outline uniform standards of
conduct and practice for labor pools. The Act defines “labor pool” as a business entity that operates a
labor hall
2
by one or more of the following methods:
3
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.
The Act provides that 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
The Act requires a labor pool to:
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;
o Payroll debit card; or
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: h0895e.COM PAGE: 3
DATE: 4/11/2023
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
Under the Act, any worker affected by a violation of the provisions relating to labor pool duties and
obligations may file a lawsuit against the labor pool. In any such lawsuit, the worker may recover actual
and consequential damages, or $1,000, whichever is greater, for each violation, and costs. This legal
remedy is not exclusive and does not prohibit the worker from pursuing any other available legal
remedy.
17
Florida Building Code
In 1974, Florida enacted legislation requiring all local governments to adopt and enforce a 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 for improving Florida’s building standards. In
1998, the Florida Legislature adopted the study’s recommendations for a single state building code and
enhanced state oversight over local code enforcement. In 2000, the Florida Legislature authorized the
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
Part IV of ch. 553, F.S., is known as the “Florida Building Codes Act” (“FBCA”). The purpose and intent
of the FBCA is to provide a mechanism for the uniform adoption, updating, interpretation, and
enforcement of a single, unified state building code and to ensure that the Building Code is applied,
administered, and enforced uniformly and consistently from jurisdiction to jurisdiction.
20
The Florida Building Commission (Commission) was statutorily created to implement the Building Code.
The Commission, housed within the Department of Business and Professional Regulation, 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 adopted
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 March 27, 2023).
19
Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited March 27, 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. 27, 2023). STORAGE NAME: h0895e.COM PAGE: 4
DATE: 4/11/2023
model codes to determine if the Building Code needs to be updated; and adopts an updated Building
Code every three years.
22
However, the Building Code only provides minimum standards for construction in the state.
23
Thus,
local governments may adopt and enforce amendments specific to their jurisdictions that are more
stringent than the requirements imposed under the Building Code. Such amendments expire upon the
adoption of the newest building code edition, and, thus, a local government must go through the
amendment process every three years in order to maintain any such amendments.
24
Water Closets and Drinking Fountains in the Florida Building Code
Section 403 of the Building Code sets standards for minimum plumbing facilities, including water
closets (or, toilets) and drinking fountains, which standards vary based upon the actual use of the
building or space. For a building or space with a “business” use classification, the water closet
occupant load requirement is 1 water closet per 25 occupants for the first 50 occupants and 1 water
closet per 50 occupants for the remainder exceeding 50, while the drinking fountain occupant load
requirement is 1 drinking fountain per 100 occupants.
25
However, drinking fountains are not required for
an occupant load of 15 or fewer.
26
Additional requirements also apply to both water closets and drinking
fountains as set forth in the Building Code, including requirements for location, directional signage, and
fixture materials and quality. There does not appear to be specific minimum seating requirements for
general businesses in the Building Code.
Florida Labor Pool Act – Effect of the Bill
The bill amends the Act to provide that a labor pool satisfies the requirements for providing restroom
facilities and drinking water if its labor hall facilities comply with all minimum requirements for public
restrooms and drinking fountains in the Florida Building Code, and any applicable local amendments.
The bill also provides that a labor pool may provide drinking water through a water cooler dispenser, by
offering bottled water, or by any other similar means.
The bill provides that a worker affected by a violation of the Act and who seeks to bring a lawsuit, must
first serve the labor pool in accordance with s. 48.081, F.S.,
27
with written notice of any alleged
violation. The notice must include a statement that the labor pool’s failure to cure the alleged violation
within 60 days after receipt of the notice may result in a lawsuit being filed against it. A labor pool may
cure a violation relating to its labor hall facilities by modifying the alleged violation to comply with
statutory requirements.
A lawsuit filed under the Act must be filed within one year after the date the affected worker serves
written notice of the alleged violation on the labor pool. The remedies provided under the Act are
exclusive, and the affected worker may not pursue any other available legal remedy for violations of the
Act.
The bill provides an effective date of July 1, 2023.
B. SECTION DIRECTORY:
Section 1: Amends s. 448.24, F.S.; relating to labor pool standards and requirements.
Section 2: Amends s. 448.25, F.S.; relating to remedies.
Section 3: Provides an effective date.
22
Ss. 553.73, and 553.74, F.S.
23
S. 553.72(1), F.S.
24
S. 553.73(4), F.S.
25
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. 27, 2023).
26
2020 Florida Building Code, Plumbing, 7
th
Edition, § 410.2.
27
S. 48.081, F.S., specifies the procedures to be followed in serving process on a corporation. STORAGE NAME: h0895e.COM PAGE: 5
DATE: 4/11/2023
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
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 created by the
bill.
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:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None. STORAGE NAME: h0895e.COM PAGE: 6
DATE: 4/11/2023
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On March 16, 2023, the Regulatory Reform & Economic Development Subcommittee adopted an
amendment and reported the bill favorably as a committee substitute. The committee substitute:
Clarified the application of minimum standards in the Florida Building Code to water fountains and
restrooms.
Clarified the limitation of remedies.
This analysis is drafted to the committee substitute as passed by the Regulatory Reform & Economic
Development Subcommittee.