The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: SB 1154
INTRODUCER: Senators Perry and Hutson
SUBJECT: Labor Pool Act
DATE: April 18, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McKay McKay CM Favorable
2. Bond Cibula JU Favorable
3. McKay Twogood RC Pre-meeting
I. Summary:
SB 1154 amends the Labor Pool Act to provide that a labor pool satisfies the statutory
requirements related to 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. Alternatively, a labor pool may comply with
the drinking fountains requirement by furnishing a water cooler or bottled water.
The bill also requires that a worker aggrieved by a violation of the labor pool law provide written
notice of the alleged violation and give the labor pool a reasonable opportunity to cure the
alleged violation, before bringing a civil action. A civil action must be commenced within 1 year
after the date that the aggrieved worker serves the written notice of alleged violation.
The bill provides that the remedies specified in the Labor Pool Act are the exclusive remedies for
violations.
The bill takes effect July 1, 2023.
II. Present Situation:
The Labor Pool Act
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 a business
entity that operates by one or more of the following methods:
Contracting with third-party users to supply day laborers to them on a temporary basis;
1
Chapter 95-332, Laws of Fla.
REVISED: BILL: SB 1154 Page 2
Hiring, employing, recruiting, or contracting with workers to fulfill these contracts for
temporary labor; or
Fulfilling any contracts for day labor in accordance with the act, even if the entity also
conducts other business.
2
A “labor hall” is a central location maintained by a labor pool where day laborers assemble and
are dispatched to work for a third-party user.
3
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 such a third-party user to
offer such 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:
o Restroom facilities;
o Drinking water; and
o Sufficient seating.
9
Select one of the following methods to pay a day laborer for work performed:
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
o Electronic fund transfer.
10
2
Section 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.
3
Section 448.22(3), 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
Section 448.24(1), F.S.
6
Section 448.24(3), F.S.
7
Section 448.24(4), F.S.
8
Section 448.24(6), F.S.
9
Section 448.24(5), F.S.
10
Section 448.24(2), F.S. BILL: SB 1154 Page 3
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:
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.
12
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 that would ensure that Florida’s minimum standards were met. Local
governments could choose from four separate model codes. The state’s role was limited to
adopting all or relevant parts of new editions of the four model codes. Local governments could
amend and enforce their local codes, as they desired.
18
In 1992, Hurricane Andrew demonstrated that Florida’s system of local codes did not work.
Hurricane Andrew easily destroyed those structures that were allegedly built according to the
strongest code. The Governor eventually appointed a study commission to review the system of
local codes and make recommendations for modernizing the system. The 1998 Legislature
adopted the study commission’s 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
11
Id.
12
Id.
13
Id.
14
Id.
15
Id.
16
Id.
17
Section 448.25, F.S.
18
The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4,
available at http://www.floridabuilding.org/fbc/publications/2006_Legislature_Rpt_rev2.pdf (last visited March 10, 2023). BILL: SB 1154 Page 4
local codes on March 1, 2002.
19
The current edition of the Building Code is the seventh edition,
which is referred to as the 2020 Florida Building Code.
20
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.
21
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,
22
the National
Electric Code, and other nationally adopted model codes to determine if the Building Code needs
to be updated and adopts an updated Building Code every 3 years.
23
Local Amendments to the Building Code
Local governments may adopt amendments to the building code which are more stringent than
the building code and which 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 3 years in order to
maintain a local amendment to the building code.
24
Water Closets and Drinking Fountains in the Florida Building Code
Section 403 of the Building Code sets standards for minimum plumbing facilities; the
requirement varies based upon the actual use of the building or space. For the “Business”
classification, the Water Closet requirement is 1 per 25 people for the first 50 people and 1 per
50 people for the remainder exceeding 50, and the Drinking Fountain requirement is 1 per 100.
25
III. Effect of Proposed Changes:
The bill amends the labor pool duties 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
19
Id.; DBPR, Building Code Information System, available at: https://floridabuilding.org/c/default.aspx# (last visited March
10, 2023).
20
Id.
21
Section 553.72(1), F.S.
22
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 March 10, 2023).
23
Sections 553.73, and 553.74, F.S.
24
Section 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
March 10, 2023). BILL: SB 1154 Page 5
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 correcting the alleged violation to comply with the
requirements.
A civil action brought under the provisions relating to labor pool duties must be filed within 1
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.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
Article I, s. 21 of the State Constitution provides that the “courts shall be open to every
person for redress of any injury, and justice shall be administered without sale, denial or
26
Section 48.081, F.S., specifies the procedures to be followed in serving process on a corporation. BILL: SB 1154 Page 6
delay.” The bill limits the remedy for injuries related to the labor pool act to those
remedies listed in s. 448.25, F.S., and thus implicates the access to courts provision.
If this bill limits civil remedies related to operation of a labor pool, which remedies may
otherwise be available to an injured party, this limitation may not be effective.
Interpreting the access to courts provision, the Florida Supreme Court has ruled that:
Where a right of access to the courts for redress for a particular injury has
been provided by statutory law predating the adoption of the Declaration
of Rights of the Constitution of the State of Florida, or where such right
has become a part of the common law of the State pursuant to Fla.Stat. s
2.01, F.S.A., the Legislature is without power to abolish such a right
without providing a reasonable alternative to protect the rights of the
people of the State to redress for injuries, unless the Legislature can show
an overpowering public necessity for the abolishment of such right, and no
alternative method of meeting such public necessity can be shown.
27
One question may be whether the civil remedies of s. 448.25, F.S. are a “reasonable
alternative.” For example, the worker's compensation law limits remedies in a manner
deemed reasonable.
28
The bill does not make findings that would support a claim that
there is an overwhelming public necessity and no alternative method.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
27
Kluger v. White, 281 So. 2d 1, 4 (Fla. 1973).
28
Kluger at 4. BILL: SB 1154 Page 7
VIII. Statutes Affected:
This bill substantially amends section 448.24 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.