Florida 2025 Regular Session

Florida House Bill H1627 Latest Draft

Bill / Introduced Version Filed 02/28/2025

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