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F L O R I D A H O U S E O F R E P RE S E N T A T I V E S
A bill to be entitled 1
An act relating to labor regulations; amending s. 2
447.303, F.S.; providing that all employee 3
organizations that are certified as a bargaining 4
agent, and not just those representing certain 5
employees, may deduct dues and assessments from the 6
salaries of certain employees; amending s. 447.305, 7
F.S.; removing a provision requiring certain employee 8
organizations to petition for recertification; 9
creating s. 448.1065, F.S.; providing applicability; 10
providing definitions; requiring certain employers to 11
implement an outdoor heat exposure safety program that 12
has been approved by specified departments; specifying 13
requirements for the safety program; providing 14
responsibilities for certain employers and employees; 15
providing exceptions; requiring specified annual 16
training on heat illness and providing requirements 17
for such training; requiring the Department of 18
Agriculture and Consumer Services, in conjunction with 19
the Department of Health, to adopt specified rules; 20
creating s. 448.112, F.S.; providing definitions; 21
requiring certain contracting agents to contribute 22
funds to qualified benefit providers for the benefit 23
of the workers of the contracting agent; providing 24
applicability; providing the contribution amount; 25
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authorizing the contribution amount to be added to an 26
invoice or other form of billing; requiring such 27
contributions to be made within a certain time period; 28
providing requirements for such contributions; 29
providing duties of qualified benefit providers; 30
authorizing a qualified benefit provider to use a 31
specified percentage of contributions for 32
administrative functions; requiring a worker to select 33
a qualified benefit provider; authorizing a worker to 34
change his or her qualified benefit provider annually; 35
requiring contracting agents to provide certain 36
information to its workers; providing requirements for 37
an organization to become a qualified benefit 38
provider; requiring the Department of Commerce to 39
adopt specified rules; providing a cause of action; 40
providing construction; amending s. 447.207, F.S.; 41
conforming a cross-reference; repealing s. 542.335, 42
F.S., relating to valid restraints of trade or 43
commerce; providing an effective date. 44
45
Be It Enacted by the Legislature of the State of Florida: 46
47
Section 1. Section 447.303, Florida Statutes, is amended 48
to read: 49
447.303 Dues; deduction and collection. — 50
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(1) Except as authorized in subsection (2) or subject to a 51
waiver granted pursuant to s. 447.207(12)(a), an employee 52
organization that has been certified as a bargaining agent may 53
not have its dues and unifor m assessments deducted and collected 54
by the employer from the salaries of those employees in the 55
unit. A public employee may pay dues and uniform assessments 56
directly to the employee organization that has been certified as 57
the bargaining agent. 58
(1)(2)(a) An employee organization that has been certified 59
as a bargaining agent to represent a bargaining unit the 60
majority of whose employees eligible for representation are 61
employed as law enforcement officers, correctional officers, or 62
correctional probation of ficers as those terms are defined in s. 63
943.10(1), (2), or (3), respectively; firefighters as defined in 64
s. 633.102; 911 public safety telecommunicators as defined in s. 65
401.465(1)(a); or emergency medical technicians or paramedics as 66
defined in s. 401.23 has the right to have its dues and uniform 67
assessments for that bargaining unit deducted and collected by 68
the employer from the salaries of those employees who authorize 69
the deduction and collection of said dues and uniform 70
assessments. However, such autho rization is revocable at the 71
employee's request upon 30 days' written notice to the employer 72
and employee organization. Said deductions shall commence upon 73
the bargaining agent's written request to the employer. 74
(2)(b) Reasonable costs to the employer of said deductions 75
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is a proper subject of collective bargaining. 76
(3)(c) Such right to deduction, unless revoked under s. 77
447.507, is in force for so long as the employee organization 78
remains the certified bargaining agent for the employees in the 79
unit. 80
(4)(3) The public employer is expressly prohibited from 81
any involvement in the collection of fines, penalties, or 82
special assessments. 83
Section 2. Subsections (7) through (11) of section 84
447.305, Florida Statutes, are renumbered as subsections (6) 85
through (10), respectively, and present subsections (6) and (9) 86
of that section are amended, to read: 87
447.305 Registration of employee organization. — 88
(6) Notwithstanding the provisions of this chapter 89
relating to collective bargaining, an employee organizati on 90
certified as a bargaining agent to represent a bargaining unit 91
for which less than 60 percent of the unit employees have 92
submitted membership authorization forms without subsequent 93
revocation and paid dues to the organization during its last 94
registration period must petition the commission pursuant to s. 95
447.307(2) and (3) for recertification as the exclusive 96
representative of all employees in the bargaining unit within 30 97
days after the date on which the employee organization applies 98
for renewal of registration pursuant to subsection (2). The 99
certification of an employee organization that does not comply 100
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with this section is revoked. 101
(8)(9) An employee organization is exempt from the 102
requirements of subsections (3)-(7) (3)-(8) only with respect to 103
the circumstances of each bargaining unit the majority of whose 104
employees eligible for representation are employed as law 105
enforcement officers, correctional officers, or correctional 106
probation officers as those terms are defined in s. 943.10(1), 107
(2), or (3), respectively; firefighters as defined in s. 108
633.102; 911 public safety telecommunicators as defined in s. 109
401.465(1)(a); or emergency medical technicians or paramedics as 110
defined in s. 401.23. 111
Section 3. Section 448.1065, Florida Statutes, is created 112
to read: 113
448.1065 Heat illness prevention. — 114
(1) APPLICABILITY.— 115
(a) This section applies to employers in industries where 116
employees regularly perform work in an outdoor environment, 117
including, but not limited to, agriculture, construction, and 118
landscaping. 119
(b) This section does not apply to an employee required to 120
work in an outdoor environment for fewer than 15 minutes per 121
hour for every hour in the employee's entire workday. 122
(c) This section is supplemental to all related industry -123
specific standards. When the requirements under this section 124
offer greater protection than related industry -specific 125
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standards, an employer shall comply with the requirements of 126
this section. 127
(2) DEFINITIONS.—As used in this section, the term: 128
(a) "Acclimatization" means temporary adaptation of a 129
person to work in the heat that occurs when a person is 130
gradually exposed to heat over a 2 -week period at a 20 percent 131
increase in heat exposure per day. 132
(b) "Drinking water" means potable water. The term 133
includes electrolyte-replenishing beverages that do not contain 134
caffeine. 135
(c) "Employee" means a person who performs services for 136
and under the control and direction of an employer for wages or 137
other remuneration. The term includes an independent contractor 138
and a farm labor contractor as defined in s. 450.28(1). 139
(d) "Employer" means an individual, a firm, a partnership, 140
an institution, a corporation, or an association, or an entity 141
listed in s. 121.021(10) which employs individuals. 142
(e) "Environmental risk facto rs for heat illness" means 143
working conditions that create the possibility of heat illness, 144
including air temperature, relative humidity, radiant heat from 145
the sun and other sources, conductive heat from sources such as 146
the ground, air movement, workload se verity and duration, and 147
protective clothing and equipment worn by an employee. 148
(f) "Heat illness" means a medical condition resulting 149
from the body's inability to cope with a particular heat level. 150
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The term includes heat cramps, heat exhaustion, heat sy ncope, 151
and heat stroke. 152
(g) "Outdoor environment" means a location where work 153
activities are conducted outside. The term includes locations 154
such as sheds, tents, greenhouses, or other structures where 155
work activities are conducted inside, but the tempera ture is not 156
managed by devices that reduce heat exposure and aid in cooling, 157
such as air conditioning systems. 158
(h) "Personal risk factors for heat illness" means factors 159
specific to an individual, including his or her age; health; 160
pregnancy; degree of ac climatization; water, alcohol, or 161
caffeine consumption; use of prescription medications; or other 162
physiological responses to heat. 163
(i) "Recovery period" means a cool -down period to reduce 164
an employee's heat exposure and aid the employee in cooling down 165
and avoiding the signs or symptoms of heat illness. 166
(j) "Shade" means an area that is not in direct sunlight. 167
(k) "Supervisor" has the same meaning as in s. 448.101. 168
(3) RESPONSIBILITIES. —An employer of employees who 169
regularly work in an outdoor envir onment shall implement an 170
outdoor heat exposure safety program that has been approved by 171
the Department of Agriculture and Consumer Services and the 172
Department of Health and which, at a minimum: 173
(a) Trains and informs supervisors and employees about 174
heat illness, how to protect themselves and coworkers, how to 175
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recognize signs and symptoms of heat illness in themselves and 176
coworkers, and appropriate first -aid measures that can be used 177
before medical attention arrives in the event of a serious heat -178
related illness event. 179
(b) Provides preventive and first -aid measures, such as 180
loosening clothing, loosening or removing heat -retaining 181
protective clothing and equipment, accessing shade, applying 182
cool or cold water to the body, and drinking cool or cold water, 183
to address the signs or symptoms of heat illness. 184
(c) Implements the following high -heat procedures, to the 185
extent practicable, when an employer, manager, supervisor, or 186
contractor determines that the outdoor heat index equals or 187
exceeds 90 degrees Fahrenheit: 188
1. Make available an effective voice, observational, or 189
electronic communication system that allows an employee to 190
contact an employer, a manager, a supervisor, a contractor, or 191
an emergency medical services provider if necessary. 192
2. Provide a sufficient amount of cool or cold drinking 193
water at a location that is quickly and easily accessible from 194
the area where employees work to accommodate all employees 195
throughout the workday, and remind employees throughout the 196
workday to consume such wat er. 197
3. Ensure that each employee takes a 10 -minute recovery 198
period every 2 hours that the employee is working in an outdoor 199
environment under high -heat conditions. The recovery period may 200
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be concurrent with a meal period required by law if the timing 201
of the recovery period coincides with a required meal period. 202
(4) DRINKING WATER. —An employer shall ensure that a 203
sufficient quantity of cool or cold, clean drinking water is at 204
all times readily accessible and free of charge to employees who 205
work in an outdoor environment. The drinking water must be 206
located as close as practicable to the areas where employees 207
work. If drinking water is not plumbed or otherwise continuously 208
supplied, an employer must supply a sufficient quantity of 209
drinking water at the begi nning of the workday so that each 210
employee has at least 1 quart of drinking water per hour for 211
every hour in the employee's entire workday. An employer may 212
supply a smaller quantity of drinking water at the beginning of 213
the workday if the employer has adeq uate procedures in place to 214
allow the employee access to drinking water as needed so that 215
the employee has at least 1 quart of drinking water per hour for 216
every hour in the employee's entire workday. 217
(5) ACCESS TO SHADE. — 218
(a) When a supervisor determin es that the outdoor heat 219
index equals or exceeds 80 degrees Fahrenheit, the employer must 220
maintain one or more areas with shade which are open to the air 221
or offer ventilation or cooling at all times in the area where 222
employees are working. The amount of av ailable shade must be 223
able to accommodate all of the employees participating in a 224
given recovery period in a manner that does not place them in 225
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physical contact with one another. 226
(b) If an employee exhibits mild to moderate signs or 227
symptoms of heat illn ess, the employer must relieve the employee 228
from duty, provide him or her with access to shade for at least 229
15 minutes or until such signs or symptoms of heat illness have 230
abated, and monitor the employee to determine whether medical 231
attention is necessary . If such signs or symptoms do not abate 232
within such time period, the employer must seek medical 233
attention for the employee in a timely manner. If an employee 234
exhibits serious signs or symptoms of heat illness, the employer 235
must immediately seek medical at tention for the employee and 236
provide first-aid measures. 237
(c) If an employer can demonstrate that it is unsafe or 238
not feasible to provide an area with shade, the employer may 239
provide alternative cooling measures as long as the employer can 240
demonstrate that such measures are at least as effective as an 241
area with shade in reducing heat exposure. 242
(6) TRAINING.—An employer shall provide annual training on 243
heat illness that has been approved by the Department of 244
Agriculture and Consumer Services and the Depar tment of Health 245
to all employees and supervisors in the languages understood by 246
a majority of the employees and supervisors. Each employee who 247
regularly works in, or who is in the process of acclimatization 248
to, an outdoor environment must participate in th e training 249
provided by the employer. Training materials must be written and 250
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available in English and in all languages understood by the 251
employees and supervisors. Supervisors shall make such written 252
materials available upon request. 253
(a) Training on all of the following topics must be 254
provided to all employees who work in an outdoor environment: 255
1. The environmental risk factors for heat illness. 256
2. General awareness of personal risk factors for heat 257
illness and how an employee can monitor his or her own personal 258
risk factors for heat illness. 259
3. The importance of loosening clothing and loosening or 260
removing heat-retaining protective clothing and equipment, such 261
as nonbreathable chemical -resistant clothing and equipment, 262
during all recovery and rest periods, breaks, and meal periods. 263
4. The importance of frequent consumption of cool or cold 264
drinking water. 265
5. The concept, importance, and methods of 266
acclimatization. 267
6. The common signs and symptoms of heat illness, 268
including, but not limited to, neurological impairment, 269
confusion, or agitation. 270
7. The importance of an employee immediately reporting to 271
the employer, directly or through a supervisor, if the employee 272
or a coworker exhibits signs or symptoms of heat illness, and 273
the importance of re ceiving immediate medical attention for 274
those signs or symptoms. 275
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8. The employer's outdoor heat exposure safety program and 276
related high-heat procedures. 277
(b) Training on all of the following topics must be 278
provided to all supervisors before they are au thorized to 279
supervise employees who work in an outdoor environment: 280
1. Information that must be provided to employees. 281
2. Procedures that must be followed to implement an 282
outdoor heat exposure safety program. 283
3. Procedures that must be followed when an employee 284
exhibits or reports any signs or symptoms of heat illness. 285
4. Procedures that must be followed when transporting an 286
employee who exhibits or reports any signs or symptoms of heat 287
illness to an emergency medical services provider in a timely 288
manner. 289
(7) RULEMAKING.—The Department of Agriculture and Consumer 290
Services, in conjunction with the Department of Health, shall 291
adopt rules to implement this section, including, but not 292
limited to, approved training programs, approved trainers, and a 293
certification process to acknowledge an employer's compliance 294
with the training requirements imposed by this section. 295
Section 4. Section 448.112, Florida Statutes, is created 296
to read: 297
448.112 Employment benefits for independent contractors. — 298
(1) As used in this section, the term: 299
(a) "Contracting agent" means a business, an organization, 300
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a corporation, a limited liability company, a partnership, a 301
sole proprietor, or any other entity that facilitates the 302
provision of services to consumers seeking suc h services and 303
makes payments to the workers providing such services, where the 304
provision of services is taxed as an independent contractor and 305
reported using federal form 1099 of the federal Internal Revenue 306
Service. 307
(b) "Department" means the Departmen t of Commerce. 308
(c) "Qualified benefit provider" means a nonprofit benefit 309
provider that is eligible to provide benefits to workers of 310
contracting agents. 311
(d) "Worker" means a person who provides services to 312
consumers through a contracting agent. 313
(2) A contracting agent that has facilitated the provision 314
of services by at least 50 individual workers in a consecutive 315
12-month period shall contribute funds to qualified benefit 316
providers to provide benefits to the workers of the contracting 317
agent. This requirement only applies if the services are 318
provided to consumers located in this state. 319
(3)(a) A contracting agent must contribute 25 percent of 320
the total fee collected from the consumer for each transaction 321
of services provided or $6 for every hour that a worker provides 322
services to the consumer, whichever is less. If the contribution 323
amount is determined per hour, then the determination must be 324
prorated per minute. 325
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(b) The contribution amount may be added to the invoice or 326
billing submitted to the con sumer for the services. 327
(4) A contracting agent must provide such contributions to 328
a qualified benefit provider within 15 days after the end of the 329
month in which the services were provided. 330
(5) Contributions must indicate the assigned amount per 331
worker per transaction, according to the following: 332
(a) If a single worker provided services for a 333
transaction, the entire contribution is assigned to that worker; 334
or 335
(b) If multiple workers provided services for a 336
transaction, the contribution is assigned proportionately to 337
those workers. 338
(6) A qualified benefit provider must ensure that benefits 339
are provided to workers as set forth in this subsection. 340
(a) A qualified benefit provider must provide workers' 341
compensation insurance to those workers entitled to benefits 342
based on contributions made under this section. 343
(b) A qualified benefit provider shall solicit input from 344
each worker on his or her benefits and allow a worker to choose 345
from available benefits or allocate the contributions among all 346
of the following benefits: 347
1. Health insurance, including, but not limited to, 348
subsidies to purchase health insurance. 349
2. Paid time off. 350
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3. Retirement benefits. 351
4. Other benefits as determined by the qualified benefit 352
provider on behalf of the workers. 353
(c) A qualified benefit provider may use up to 5 percent 354
of the contributed funds for the administration of benefits. 355
(7) A worker entitled to benefits must select a qualified 356
benefit provider and may change the selected qualified benefit 357
provider once per year. The worker's contracting agent must 358
provide to the worker information regarding available qualified 359
benefit providers in a format that allows him or her to easily 360
select a provider. 361
(8) The department shall adopt rules in order for an 362
organization to become a qualified benefit provider. At a 363
minimum, an organization must meet all of the following 364
criteria: 365
(a) The organization must be a nonprofit organization, 366
exempt from federal income taxation under 26 U.S.C. s. 367
501(c)(3). 368
(b) At least one-half of the organization's board of 369
directors must be comprised of workers or representatives of 370
bona fide independent organizations of such workers. 371
(c) The organization must be independent from all business 372
entities, organizations, corporati ons, or persons that would 373
pursue a financial interest in conflict with that of the 374
workers. 375
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(d) All actions of the organization regarding the 376
provision of benefits must be for the sole purpose of maximizing 377
benefits to covered workers. 378
(e) The board of directors of the organization hold a 379
fiduciary duty to the workers with respect to the provision of 380
benefits. 381
(f) The organization must demonstrate adequate viability 382
and financial sufficiency as determined by the department. At a 383
minimum, the organiza tion must have all of the following: 384
1. Cash reserves in a sufficient amount as determined by 385
the department. 386
2. Liability coverage in an amount determined by the 387
department. 388
3. Access to bonding. 389
4. Other demonstrated competencies as determined by the 390
department. 391
(9) The department shall establish rules and regulations 392
to implement and administer this section, including all of the 393
following: 394
(a) Monitoring compliance of contracting agents. 395
(b) Monitoring qualified benefit providers, including the 396
ability to remove providers that are out of compliance with the 397
criteria established in this section. 398
(c) Administering workers' compensation coverage for 399
workers under this section. 400
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(d) Providing procedures for workers to select a qualified 401
benefit provider, to change their selection annually, and to 402
receive notices of the right to select a different qualified 403
benefit provider. 404
(10) In addition to any administrative remedies provided 405
by the department, a worker may bring a cause of action agains t 406
a contracting agent for the contracting agent's failure to 407
comply with the contribution requirements in this section. 408
(11) The requirements under this section may not be 409
considered in determining a worker's employment status or a 410
contracting agent's em ployment relationship to the worker. 411
Section 5. Paragraph (c) of subsection (12) of section 412
447.207, Florida Statutes, is amended to read: 413
447.207 Commission; powers and duties. — 414
(12) Upon a petition by a public employer after it has 415
been notified by the Department of Labor that the public 416
employer's protective arrangement covering mass transit 417
employees does not meet the requirements of 49 U.S.C. s. 5333(b) 418
and would jeopardize the employer's continued eligibility to 419
receive Federal Transit Adminis tration funding, the commission 420
may waive, to the extent necessary for the public employer to 421
comply with the requirements of 49 U.S.C. s. 5333(b), any of the 422
following for an employee organization that has been certified 423
as a bargaining agent to represent mass transit employees: 424
(c) The revocation of certification provided in s. 425
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447.305(6) and (7). 426
Section 6. Section 542.335, Florida Statutes, is repealed. 427
Section 7. This act shall take effect October 1, 2025. 428