| 9 | 9 | | Page 1 of 3 |
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| 10 | 10 | | 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 |
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| 13 | 13 | | |
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| 14 | 14 | | A bill to be entitled 1 |
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| 15 | 15 | | An act relating to the Labor Pool Act; amending s. 2 |
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| 16 | 16 | | 448.24, F.S.; providing that a labor pool satisfies 3 |
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| 17 | 17 | | certain requirements if its facilities meet the 4 |
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| 18 | 18 | | minimum requirements in the Florida Building Code and 5 |
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| 19 | 19 | | any local amendments thereto; providing drinking water 6 |
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| 20 | 20 | | alternatives; amending s. 448.25, F.S.; requiring an 7 |
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| 21 | 21 | | aggrieved worker to provide specified notice to a 8 |
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| 22 | 22 | | labor pool before bringing a civil action; a uthorizing 9 |
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| 23 | 23 | | a labor pool to cure alleged violations in certain 10 |
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| 24 | 24 | | ways; requiring that a civil action be brought within 11 |
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| 25 | 25 | | a certain time period; providing exclusive remedies; 12 |
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| 26 | 26 | | providing an effective date. 13 |
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| 27 | 27 | | 14 |
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| 28 | 28 | | Be It Enacted by the Legislature of the State of Flor ida: 15 |
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| 29 | 29 | | 16 |
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| 30 | 30 | | Section 1. Subsection (5) of section 448.24, Florida 17 |
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| 31 | 31 | | Statutes, is amended to read: 18 |
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| 32 | 32 | | 448.24 Duties and rights. — 19 |
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| 33 | 33 | | (5) A labor pool that operates a labor hall must provide 20 |
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| 34 | 34 | | facilities for a worker waiting at the labor hall for a job 21 |
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| 35 | 35 | | assignment that include: 22 |
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| 36 | 36 | | (a) restroom facilities,. 23 |
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| 37 | 37 | | (b) drinking water, and. 24 |
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| 51 | | - | requirements for providing restroom facilities and drinking 26 |
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| 52 | | - | water if its labor hall facilities comply with all minimum 27 |
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| 53 | | - | requirements for public restrooms and drinking fountains in the 28 |
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| 54 | | - | Florida Building Code and any local amendments thereto. A labor 29 |
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| 55 | | - | pool may also provide drinking water through a water cooler 30 |
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| 56 | | - | dispenser, by offering bottled water, or by any other similar 31 |
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| 57 | | - | means. 32 |
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| 58 | | - | Section 2. Section 448.25, Florida Statutes, is amended to 33 |
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| 59 | | - | read: 34 |
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| 60 | | - | 448.25 Remedies; damages; costs. — 35 |
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| 61 | | - | (1)(a) Any worker aggrieved by a violation of s. 448.24 36 |
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| 62 | | - | has shall have the right to bring a civil action in a court of 37 |
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| 63 | | - | competent jurisdiction against the labor pool respon sible for 38 |
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| 64 | | - | such violation. 39 |
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| 65 | | - | (b) Before bringing a civil action pursuant to this 40 |
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| 66 | | - | section, an aggrieved worker must give the labor pool a 41 |
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| 67 | | - | reasonable opportunity to cure the alleged violation. The 42 |
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| 68 | | - | aggrieved worker must serve the labor pool in accordance with s. 43 |
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| 69 | | - | 48.081 with written notice of the alleged violation. Such notice 44 |
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| 70 | | - | must include a statement that failure by the labor pool to cure 45 |
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| 71 | | - | the alleged violation within 60 days after receipt of the notice 46 |
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| 72 | | - | may result in a civil action being filed against it in a co urt 47 |
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| 73 | | - | of competent jurisdiction. A labor pool may cure a violation 48 |
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| 74 | | - | relating to its labor hall facilities by modifying the alleged 49 |
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| 75 | | - | violation to comply with s. 448.24(5). 50 |
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| 51 | + | subsection if its labor hall facilities comply with all minimum 26 |
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| 52 | + | requirements for public restrooms, drinking fountains, and 27 |
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| 53 | + | seating in the Florida Building Code and any local amendments 28 |
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| 54 | + | thereto. A labor pool may also provide drinking water through a 29 |
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| 55 | + | water cooler dispenser, by offering bottled water, or by any 30 |
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| 56 | + | other similar means. 31 |
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| 57 | + | Section 2. Section 448.25, Florida Statutes, is amended to 32 |
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| 58 | + | read: 33 |
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| 59 | + | 448.25 Remedies; damages; costs. — 34 |
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| 60 | + | (1)(a) Any worker aggrieved by a violation of s. 448.24 35 |
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| 61 | + | has shall have the right to bring a civil action in a court of 36 |
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| 62 | + | competent jurisdiction against the labor pool responsible for 37 |
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| 63 | + | such violation. 38 |
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| 64 | + | (b) Before bringing a civil action pursuant to this 39 |
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| 65 | + | section, an aggrieved worker must give the labor pool a 40 |
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| 66 | + | reasonable opportunity to cure the alleged violation. The 41 |
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| 67 | + | aggrieved worker must serve the labor pool in accordance with s. 42 |
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| 68 | + | 48.081 with written notice of the all eged violation. Such notice 43 |
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| 69 | + | must include a statement that failure by the labor pool to cure 44 |
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| 70 | + | the alleged violation within 60 days after receipt of the notice 45 |
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| 71 | + | may result in a civil action being filed against it in a court 46 |
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| 72 | + | of competent jurisdiction. A labor p ool may cure a violation 47 |
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| 73 | + | relating to its labor hall facilities by modifying the alleged 48 |
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| 74 | + | violation to comply with s. 448.24(5). 49 |
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| 75 | + | (c) In any action commenced pursuant to this section part, 50 |
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| 88 | | - | (c) In any action commenced pursuant to this section part, 51 |
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| 89 | | - | the aggrieved worker is shall be entitled to recover actual and 52 |
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| 90 | | - | consequential damages, or $1,000, whichever is greater, for each 53 |
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| 91 | | - | violation of s. 448.24 this part, and costs. 54 |
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| 92 | | - | (2) A civil action brought under s. 448.24 must be filed 55 |
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| 93 | | - | within 1 year after the date the aggrieved worker s erves written 56 |
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| 94 | | - | notice of the alleged violation on the labor pool. 57 |
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| 95 | | - | (3)(2) The remedies provided by this part for a violation 58 |
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| 96 | | - | of s. 448.24 are not exclusive and shall not preclude the 59 |
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| 97 | | - | aggrieved worker from pursuing any other remedy at law or equity 60 |
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| 98 | | - | which the worker may have. 61 |
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| 99 | | - | Section 3. This act shall take effect July 1, 2023. 62 |
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| 88 | + | the aggrieved worker is shall be entitled to recover actual and 51 |
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| 89 | + | consequential damages, or $1,000, whichever is greater, for each 52 |
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| 90 | + | violation of s. 448.24 this part, and costs. 53 |
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| 91 | + | (2) A civil action brought under s. 448.24 must be filed 54 |
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| 92 | + | within 1 year after the date the aggrieved worker serves written 55 |
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| 93 | + | notice of the alleged viol ation on the labor pool. 56 |
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| 94 | + | (3)(2) The remedies provided by this part are not 57 |
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| 95 | + | exclusive and shall not preclude the aggrieved worker from 58 |
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| 96 | + | pursuing any other remedy at law or equity which the worker may 59 |
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| 97 | + | have. 60 |
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| 98 | + | Section 3. This act shall take effect July 1, 2023. 61 |
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