CS/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
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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 25
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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
requirements for providing restroom facilities and drinking 26
water if its labor hall facilities comply with all minimum 27
requirements for public restrooms and drinking fountains in the 28
Florida Building Code and any local amendments thereto. A labor 29
pool may also provide drinking water through a water cooler 30
dispenser, by offering bottled water, or by any other similar 31
means. 32
Section 2. Section 448.25, Florida Statutes, is amended to 33
read: 34
448.25 Remedies; damages; costs. — 35
(1)(a) Any worker aggrieved by a violation of s. 448.24 36
has shall have the right to bring a civil action in a court of 37
competent jurisdiction against the labor pool respon sible for 38
such violation. 39
(b) Before bringing a civil action pursuant to this 40
section, an aggrieved worker must give the labor pool a 41
reasonable opportunity to cure the alleged violation. The 42
aggrieved worker must serve the labor pool in accordance with s. 43
48.081 with written notice of the alleged violation. Such notice 44
must include a statement that failure by the labor pool to cure 45
the alleged violation within 60 days after receipt of the notice 46
may result in a civil action being filed against it in a co urt 47
of competent jurisdiction. A labor pool may cure a violation 48
relating to its labor hall facilities by modifying the alleged 49
violation to comply with s. 448.24(5). 50
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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
(c) In any action commenced pursuant to this section part, 51
the aggrieved worker is shall be entitled to recover actual and 52
consequential damages, or $1,000, whichever is greater, for each 53
violation of s. 448.24 this part, and costs. 54
(2) A civil action brought under s. 448.24 must be filed 55
within 1 year after the date the aggrieved worker s erves written 56
notice of the alleged violation on the labor pool. 57
(3)(2) The remedies provided by this part for a violation 58
of s. 448.24 are not exclusive and shall not preclude the 59
aggrieved worker from pursuing any other remedy at law or equity 60
which the worker may have. 61
Section 3. This act shall take effect July 1, 2023. 62