Florida 2025 Regular Session

Florida House Bill H1627 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1627 2025
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1627-00
9	9	Page 1 of 17
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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14	14	A bill to be entitled 1
15	15	An act relating to the warehouse distribution center s; 2
16	16	creating s. 448.27, F.S.; providing definitions; 3
17	17	creating s. 448.275, F.S.; requiring certain employers 4
18	18	to establish and administer a safety committee; 5
19	19	requiring the employer to select the members of such 6
20	20	committee; requiring the safety committee to meet 7
21	21	regularly; providing an exception; authorizing the 8
22	22	Secretary of the Department of Commerce to issue 9
23	23	citations under certain circumstances; creating s. 10
24	24	448.28, F.S.; requiring an employer to provide a 11
25	25	specified written description to each employee within 12
26	26	a specified time period; requiring an employer to take 13
27	27	certain actions if there is a change to a quota 14
28	28	requirement; providing that an employee is not 15
29	29	required to meet quotas under certain circumstances; 16
30	30	providing requirements for the time period considered 17
31	31	in a quota; requiring an employer to provide certain 18
32	32	employees with specified information; authorizing the 19
33	33	Department of Commerce to adopt rules; creating s. 20
34	34	448.29, F.S.; requiring an employer to establish, 21
35	35	maintain, and preserve specified records on each 22
36	36	employee; requiring the employer to maintain such 23
37	37	records for a specified time period; requiring an 24
38	38	employer to make all records available to the 25
39	39
40	40	HB 1627 2025
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42	42
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45	45	hb1627-00
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47	47	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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49	49
50	50
51	51	secretary upon request; providing construction; 26
52	52	creating s. 448.31, F.S.; authorizing certain persons 27
53	53	to request specified information from an employer; 28
54	54	requiring the employer to provide such records at no 29
55	55	cost; specifying the timeframe in which the employer 30
56	56	must provide such records; providing construction and 31
57	57	applicability; creating s. 448.32, F.S.; prohibiting a 32
58	58	person from taking specified adverse personnel action 33
59	59	against an employee for exercising certain rights; 34
60	60	providing applicability; providing a rebuttable 35
61	61	presumption; creating s. 448.33, F.S.; authorizing the 36
62	62	secretary to enforce this part; authorizing c ertain 37
63	63	persons to bring an action for a violation of this 38
64	64	part; providing for reasonable attorney fees and 39
65	65	costs; authorizing the court to grant certain 40
66	66	injunctive relief, restitution, and other damages; 41
67	67	imposing a penalty for a specified amount; requiring 42
68	68	an employer to post a certain notice; creating s. 43
69	69	448.335, F.S.; requiring the secretary to open an 44
70	70	investigation on an employer under certain 45
71	71	circumstances; requiring the employer to hold safety 46
72	72	committee meetings for a specified time period; 47
73	73	creating s. 448.34, F.S.; requiring the secretary to 48
74	74	submit a specified report to the Legislature by a date 49
75	75	certain; creating s. 448.35, F.S.; requiring the 50
76	76
77	77	HB 1627 2025
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb1627-00
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84	84	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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86	86
87	87
88	88	department to adopt rules; providing an effective 51
89	89	date. 52
90	90	53
91	91	Be It Enacted by the Legislature of the State of Florida: 54
92	92	55
93	93	Section 1. Part III of chapter 448, Florida Statutes, 56
94	94	consisting of ss. 448.27 through 448.35, is created and entitled 57
95	95	the "Warehouse Worker Protection Act." 58
96	96	Section 2. Section 448.27, Florida Statutes, is created to 59
97	97	read: 60
98	98	448.27 Definitions.—As used in this part, the term: 61
99	99	(1) "Adverse personnel action" means the discharge, 62
100	100	suspension, transfer, or demotion of an employee or the 63
101	101	withholding of bonuses, the reduction in salary or benefits, or 64
102	102	any other adverse action taken against an e mployee within the 65
103	103	terms and conditions of employment by an employer. 66
104	104	(2) "Aggregated work speed data" means information that an 67
105	105	employer has combined or collected together in summary or some 68
106	106	other form such that the data does not identify a specific 69
107	107	employee. 70
108	108	(3) "Defined time period" means any unit of time 71
109	109	measurement equal to or less than the duration of an employee's 72
110	110	shift, including, but not limited to, hours, minutes, seconds, 73
111	111	and any fraction thereof. 74
112	112	(4) "Department" means the Department of Co mmerce. 75
113	113
114	114	HB 1627 2025
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118	118	CODING: Words stricken are deletions; words underlined are additions.
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121	121	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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125	125	(5) "Designated employee representative" means any 76
126	126	representative designated by an employee, including, but not 77
127	127	limited to, an authorized employee representative or bargaining 78
128	128	agent, who has a collective bargaining relationship with an 79
129	129	employer. 80
130	130	(6) "Employee" means a nonexempt employee who works at a 81
131	131	warehouse distribution center and is subject to a quota. 82
132	132	(7) "Employer" means a person who directly or indirectly, 83
133	133	or through an agent or any other person, including the services 84
134	134	of a third-party employer, staffing agency, independent 85
135	135	contractor, or other similar entity, at any time in the 86
136	136	preceding 12 months employs, retains, or exercises control over 87
137	137	the wages, hours, or working conditions of at least 100 88
138	138	employees at a single warehouse distribu tion center or 500 or 89
139	139	more employees at one or more warehouse distribution centers in 90
140	140	this state. 91
141	141	(a) The term includes a member of a controlled group of 92
142	142	corporations of which the employer is a member and all such 93
143	143	employers are jointly responsible for co mpliance with this part. 94
144	144	(b) For purposes of this subsection, the term "controlled 95
145	145	group of corporations" means any of the following groups: 96
146	146	1. A parent-subsidiary controlled group, which is one or 97
147	147	more chains of corporations connected through stock ownership 98
148	148	with a common parent corporation if: 99
149	149	a. Stock possessing at least 50 percent of the total 100
150	150
151	151	HB 1627 2025
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153	153
154	154
155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb1627-00
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158	158	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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160	160
161	161
162	162	combined voting power of all classes of stock entitled to vote 101
163	163	or at least 50 percent of the total value of shares of all 102
164	164	classes of stock of each of the corporations, except the common 103
165	165	parent corporation, is owned by one or more other corporations. 104
166	166	b. The common parent corporation owns stock possessing at 105
167	167	least 50 percent of the total combined voting power of all 106
168	168	classes of stock entitled to vote or at l east 50 percent of the 107
169	169	total value of shares of all classes of stock of at least one of 108
170	170	the other corporations, excluding, in computing such voting 109
171	171	power or value, stock owned directly by such other corporations. 110
172	172	2. A brother-sister controlled group, whi ch is two or more 111
173	173	corporations in which five or fewer persons who are individuals, 112
174	174	estates, or trusts own stock possessing more than 50 percent of 113
175	175	the total combined voting power of all classes of stock entitled 114
176	176	to vote or more than 50 percent of the total value of shares of 115
177	177	all classes of stock of each corporation, taking into account 116
178	178	the stock ownership of such person, estate, or trust only to the 117
179	179	extent such stock ownership is identical with respect to each 118
180	180	corporation. 119
181	181	3. A combined group, which is th ree or more corporations, 120
182	182	each of which is a member of a group of corporations described 121
183	183	in subparagraph 1. or subparagraph 2., and one of which is a 122
184	184	common parent corporation included in a group of corporations 123
185	185	described in subparagraph 1. and is included in a group of 124
186	186	corporations described in subparagraph 2. 125
187	187
188	188	HB 1627 2025
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192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb1627-00
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195	195	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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199	199	(8) "Person" means an individual, corporation, 126
200	200	partnership, limited partnership, limited liability partnership, 127
201	201	limited liability company, business trust, estate, trust, 128
202	202	association, joint venture, agency, instrumentality, or any 129
203	203	other legal or commercial entity, whether domestic or foreign. 130
204	204	(9) "Personal work speed data" means information an 131
205	205	employer collects, stores, analyzes, or interprets relating to 132
206	206	the performance of work by an employee for a quota, including, 133
207	207	but not limited to, all of the following information: 134
208	208	(a) Quantities of tasks performed by the employee. 135
209	209	(b) Quantities of items or materials handled or produced 136
210	210	by the employee. 137
211	211	(c) Rate or speed times of tasks performed by the 138
212	212	employee. 139
213	213	(d) Measurements or metrics of employee performance in 140
214	214	relation to a quota. 141
215	215	(e) Time categorized with respect to the employee as 142
216	216	performing tasks or not performing tasks. 143
217	217	(10) "Quota" means a performance standard or performance 144
218	218	target under which: 145
219	219	(a) An employee is assigned or required, within a defined 146
220	220	time period, to perform a quantified number of tasks or at a 147
221	221	specified productivity speed or to handle or produce a 148
222	222	quantified amount of material without a certain number of errors 149
223	223	or defects, as measured at the individual or group level, within 150
224	224
225	225	HB 1627 2025
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227	227
228	228
229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb1627-00
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232	232	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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234	234
235	235
236	236	a defined time period; 151
237	237	(b) An employee's actions are categorized and measured 152
238	238	between time performing tasks and not performing tasks within a 153
239	239	day; or 154
240	240	(c) An employee's performance is ranked in re lation to the 155
241	241	performance of other employees. 156
242	242	(11) "Secretary" means the Secretary of the Department of 157
243	243	Commerce. 158
244	244	(12) "Warehouse distribution center" means an 159
245	245	establishment as defined by any of the following North American 160
246	246	Industry Classification Syst em codes regardless of how such 161
247	247	establishment is denominated: 162
248	248	(a) Code 423 for merchant wholesalers and durable goods; 163
249	249	(b) Code 424 for merchant wholesalers and nondurable 164
250	250	goods; 165
251	251	(c) Code 493 for warehousing and storage; 166
252	252	(d) Code 454110 for electronic shopping and mail -order 167
253	253	houses; or 168
254	254	(e) Code 492110 for couriers and express delivery 169
255	255	services. 170
256	256	Section 3. Section 448.275, Florida Statutes, is created 171
257	257	to read: 172
258	258	448.275 Safety committees. — 173
259	259	(1) An employer with more than 25 employees mu st establish 174
260	260	and administer a safety committee. 175
261	261
262	262	HB 1627 2025
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266	266	CODING: Words stricken are deletions; words underlined are additions.
267	267	hb1627-00
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269	269	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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273	273	(2) An employer with 25 or fewer employees must establish 176
274	274	and administer a safety committee if: 177
275	275	(a) The employer has a lost workday cases incidence rate 178
276	276	in the top 10 percent of all rates for employers in the same 179
277	277	industry; or 180
278	278	(b) The workers' compensation premium classification 181
279	279	assigned to the greatest portion of the payroll for the employer 182
280	280	has a pure premium rate as reported by the National Council on 183
281	281	Compensation Insurance in the top 25 percent of pr emium rates 184
282	282	for all classes. 185
283	283	(3) The employer shall select the members of the safety 186
284	284	committee. The safety committee must hold regularly scheduled 187
285	285	meetings unless otherwise provided in a collective bargaining 188
286	286	agreement. 189
287	287	(4) An employer that fails to establish or administer a 190
288	288	safety committee as required by this section may be issued a 191
289	289	citation by the secretary. 192
290	290	Section 4. Section 448.28, Florida Statutes, is created to 193
291	291	read: 194
292	292	448.28 Quota requirements; protections. — 195
293	293	(1) An employer must provide to each employee, upon hire 196
294	294	or within 30 days after July 1, 2025, a written description of 197
295	295	all of the following: 198
296	296	(a) Each quota to which the employee is subject, including 199
297	297	the quantified number of tasks to be performed or materials to 200
298	298
299	299	HB 1627 2025
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303	303	CODING: Words stricken are deletions; words underlined are additions.
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306	306	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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308	308
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310	310	be produced or handled, within the defined time period. 201
311	311	(b) Any potential adverse personnel action that could 202
312	312	result from a failure to meet the quota. 203
313	313	(c) Any incentives or bonus programs associated with 204
314	314	meeting or exceeding the quota. 205
315	315	(2) If there is a change to the quota requirement, the 206
316	316	employer must: 207
317	317	(a) Notify each employee who the change will affect about 208
318	318	the change verbally and in writing as soon as practicable and 209
319	319	before the employee is subject to the new quota requirements. 210
320	320	(b) Within 2 business days after a change in the quota 211
321	321	requirements, provide each employee with an updated written 212
322	322	description of each quota to which the employee is subject. 213
323	323	(3) The written description required under this section 214
324	324	must be easy to understand and written in plain languag e in each 215
325	325	employee's preferred language. 216
326	326	(4) An employee is not required to meet a quota that: 217
327	327	(a) Has not been previously disclosed to the employee; 218
328	328	(b) Prevents compliance with state and federal laws 219
329	329	regarding an employee's meal time, rest period, or bathroom 220
330	330	breaks; 221
331	331	(c) Measures total output over an increment of time that 222
332	332	is shorter than 1 day; 223
333	333	(d) Ranks employees in relation to the performance of 224
334	334	other employees; or 225
335	335
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340	340	CODING: Words stricken are deletions; words underlined are additions.
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343	343	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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347	347	(e) Measures and categorizes increments of time within 226
348	348	which an employee is performing tasks and those during which an 227
349	349	employee is not performing tasks. 228
350	350	(5) The defined time period considered in a quota, 229
351	351	including time designated as productive time or time on task, 230
352	352	must include all of the following: 231
353	353	(a) Time for rest periods a nd reasonable travel time to 232
354	354	designated locations for such rest periods. 233
355	355	(b) Reasonable travel time to onsite locations designated 234
356	356	for meal breaks. Meal breaks are not considered time on task or 235
357	357	productive time unless the employer requires the employee t o 236
358	358	remain on duty on the premises, at a prescribed worksite in the 237
359	359	interest of the employer, or if the employee is required to 238
360	360	remain on call. 239
361	361	(c) Time to perform any activity required by the employer 240
362	362	to complete the work subject to the quota. 241
363	363	(d) Reasonable travel time to the restroom facilities and 242
364	364	time to use such facilities. 243
365	365	(e) Time to take any actions necessary for the employee to 244
366	366	exercise the employee's right to a safe and healthy workplace 245
367	367	pursuant to state or federal law, including, but not li mited to, 246
368	368	the time it takes to access tools or safety equipment necessary 247
369	369	to perform the employee's duties. 248
370	370	249
371	371	When determining reasonable travel time, an employer must take 250
372	372
373	373	HB 1627 2025
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380	380	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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384	384	into consideration the architecture and geography of the 251
385	385	warehouse distribution cent er and the location within such 252
386	386	center that the employee is located. 253
387	387	(6) If an employer takes an adverse personnel action 254
388	388	against an employee, in whole or in part, for failure to meet a 255
389	389	quota, the employer must provide such employee with his or her 256
390	390	personal quota requirement and personal work speed data that was 257
391	391	the basis, in whole or in part, for the adverse personnel 258
392	392	action. 259
393	393	(7) The department may adopt rules relating to the format 260
394	394	and language access requirements for the written description 261
395	395	required by this section. 262
396	396	Section 5. Section 448.29, Florida Statutes, is created to 263
397	397	read: 264
398	398	448.29 Recordkeeping. — 265
399	399	(1) Each employer shall establish, maintain, and preserve 266
400	400	a contemporaneous, true, and accurate record for each employee 267
401	401	that includes all of the following information: 268
402	402	(a) Each employee's personal work speed data. 269
403	403	(b) The aggregated work speed data for similar employees 270
404	404	at the same worksite. 271
405	405	(c) The written description of each employee's quota 272
406	406	requirements. 273
407	407	(2) An employer must maintain the records listed in 274
408	408	subsection (1) throughout the duration of each employee's 275
409	409
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417	417	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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421	421	employment and make such records available to any personnel or 276
422	422	enforcement agency upon request. 277
423	423	(3) After an employee leaves the employment of an 278
424	424	employer, the employer must maintain the records listed in 279
425	425	subsection (1), for the 6 months before the employee's 280
426	426	separation, for a minimum of 3 years after the date of the 281
427	427	employee's separation. 282
428	428	(4) An employer must make all records available to the 283
429	429	secretary upon request. 284
430	430	(5) This section does not require an employer to maintain 285
431	431	such records if the employer does not use or maintain quotas or 286
432	432	monitor or maintain personal work data speed. 287
433	433	Section 6. Section 448.31, Florida Statutes, is created to 288
434	434	read: 289
435	435	448.31 Right to request records. — 290
436	436	(1) A current employee or designated employee 291
437	437	representative may request a written description of each quota 292
438	438	to which the employee is subject, a copy of the employ ee's 293
439	439	personal work speed data, and a copy of the aggregated work 294
440	440	speed data of similar employees at the same worksite from the 295
441	441	previous 6 months. 296
442	442	(2) A former employee or designated employee 297
443	443	representative may request within 3 years after the date of the 298
444	444	employee's separation from employment, a written description of 299
445	445	each quota to which the employee was subject as of the date of 300
446	446
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454	454	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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458	458	his or her separation, a copy of the employee's personal work 301
459	459	speed data for the 6 months before the employee's date of 302
460	460	separation, and a copy of aggregated work speed data for the 6 303
461	461	months before the employee's date of separation for similar 304
462	462	employees at the same worksite. 305
463	463	(3) Records requested under this section must be provided 306
464	464	at no cost to the current or former employee or d esignated 307
465	465	employee representative. 308
466	466	(4) An employer must provide the requested records as soon 309
467	467	as practicable, but no later than: 310
468	468	(a) For the written description of the employee's quota, 2 311
469	469	business days after the employer receives the request for 312
470	470	records. 313
471	471	(b) For requested personal work speed data and aggregated 314
472	472	work speed data, 7 business days after the employer receives the 315
473	473	request for records. 316
474	474	(5) This section does not require an employer to use 317
475	475	quotas or to monitor personal or aggregated work spe ed data. 318
476	476	This section does not apply to employers who do not use quotas 319
477	477	or monitor personal or aggregated work speed data. 320
478	478	Section 7. Section 448.32, Florida Statutes, is created to 321
479	479	read: 322
480	480	448.32 Adverse personnel action. — 323
481	481	(1) A person may not disch arge or in any way retaliate, 324
482	482	discriminate, or take adverse personnel action against an 325
483	483
484	484	HB 1627 2025
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491	491	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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495	495	employee for exercising his or her rights under this part, 326
496	496	including but not limited to: 327
497	497	(a) Initiating a request for information about a quota or 328
498	498	personal work speed data pursuant to s. 448.31. 329
499	499	(b) Filing a complaint alleging a violation of this part 330
500	500	to the secretary; the employer; or any local, state, or federal 331
501	501	government agency or official. 332
502	502	(2) An employee does not need to explicitly refer to this 333
503	503	part or the rights enumerated herein to be protected from an 334
504	504	adverse personnel action. The protections of this part apply to 335
505	505	former employees and to employees who in good faith allege 336
506	506	violations of this part. 337
507	507	(3) There is a rebuttable presumption that an employer 338
508	508	violated this section if the employer takes any adverse 339
509	509	personnel action against an employee within 90 days after the 340
510	510	employee engaged in or attempted to engage in activities 341
511	511	protected by this part. To rebut this presumption, an employer 342
512	512	must prove by clear a nd convincing evidence that: 343
513	513	(a) The adverse personnel action was taken for other 344
514	514	permissible reasons. 345
515	515	(b) The employee's engagement or attempted engagement in 346
516	516	activities protected by this part was not a motivating factor in 347
517	517	the adverse personnel actio n. 348
518	518	Section 8. Section 448.33, Florida Statutes, is created to 349
519	519	read: 350
520	520
521	521	HB 1627 2025
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528	528	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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532	532	448.33 Enforcement. — 351
533	533	(1) The secretary is authorized to enforce this part and 352
534	534	assess administrative penalties consistent with state law. 353
535	535	(2) A current or former employee, the Attorney General, a 354
536	536	district attorney, or a city attorney may bring an action for a 355
537	537	violation of this part. The court shall award damages and 356
538	538	reasonable attorney fees and costs to the prevailing party. 357
539	539	(3) If a current or former employee alleges that the 358
540	540	required quota prevented compliance with applicable local, 359
541	541	state, or federal workplace or health and safety regulations, 360
542	542	the court shall issue injunctive relief to suspend the quota 361
543	543	requirements and may grant restitution to the employee. 362
544	544	(4) In an action alleging an employer took adverse 363
545	545	personnel action against an employee for exercising his or her 364
546	546	rights under this part, the court shall award a prevailing 365
547	547	plaintiff damages equal to $10,000 or three times the 366
548	548	plaintiff's actual damages, including, but n ot limited to, 367
549	549	unpaid wages and benefits, whichever is more. 368
550	550	(5) In a successful action brought against an employer, 369
551	551	the court may: 370
552	552	(a) Impose a penalty for failure to disclose a quota or 371
553	553	personal work speed data in violation of s. 448.28 or s. 448.31. 372
554	554	The penalty amount is a minimum of $100 per employee per pay 373
555	555	period in which an employee was required to work under the 374
556	556	undisclosed quota or personal work speed data. 375
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569	569	(b) Require the employer to post a notice on the worksite 376
570	570	explaining an employee's rig hts under this part, including what 377
571	571	constitutes a permissible quota; the right to request quota and 378
572	572	personal work speed data; the right to file a complaint with the 379
573	573	secretary, Attorney General, district attorney, or city 380
574	574	attorney; and the right to file a c ourt action. 381
575	575	Section 9. Section 448.335, Florida Statutes, is created 382
576	576	to read: 383
577	577	448.335 Inspections; safety committee meetings. — 384
578	578	(1) If, based on data reported to the Occupational Safety 385
579	579	and Health Administration, a particular worksite or employer i s 386
580	580	found to have an employee incidence rate in a given year that is 387
581	581	at least 30 percent higher than that year's average incidence 388
582	582	rate for the relevant North American Industry Classification 389
583	583	System codes, the secretary must open an investigation into 390
584	584	potential violations of this part by the employer. 391
585	585	(2) If the secretary opens an investigation into an 392
586	586	employer under subsection (1), for the next 2 consecutive years, 393
587	587	the employer must hold monthly safety committee meetings until 394
588	588	the worksite or employer no l onger has an incidence rate that is 395
589	589	30 percent higher than the average yearly incidence rate for the 396
590	590	relevant North American Industry Classification System codes. 397
591	591	Section 10. Section 448.34, Florida Statutes, is created 398
592	592	to read: 399
593	593	448.34 Reporting.—By January 1, 2026, the secretary shall 400
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606	606	submit a report to the President of the Senate and the Speaker 401
607	607	of the House of Representatives which includes all of the 402
608	608	following information: 403
609	609	(1) The number of complaints filed with the secretary for 404
610	610	violations of this part. 405
611	611	(2) The number of warehouse distribution centers that have 406
612	612	an employee injury rate that is above the industry standard for 407
613	613	the previous year and any information the secretary has 408
614	614	collected about the quota requirements in those warehouse 409
615	615	distribution centers. 410
616	616	(3) The number of investigations the secretary has 411
617	617	conducted and the number of enforcement actions that have been 412
618	618	initiated per employer. 413
619	619	Section 11. Section 448.35, Florida Statutes, is created 414
620	620	to read: 415
621	621	448.35 Rulemaking.—The department shall adopt rules to 416
622	622	implement the provisions of this part. 417
623	623	Section 12. This act shall take effect July 1, 2025. 418