Florida 2025 Regular Session

Florida House Bill H6033 Compare Versions

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1010 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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1414 A bill to be entitled 1
1515 An act relating to the Labor Pool Act; repealing ss. 2
1616 448.20, 448.21, 448.22, 448.23, 448.24, 448.25, and 3
1717 448.26, F.S., relating to short title; legislative 4
1818 intent; definitions; exclusions; duties and rights; 5
1919 remedies, damages, and costs; and application, 6
2020 respectively; amending ss. 443.101 and 448.111, F.S.; 7
2121 conforming provisions to changes made by the act; 8
2222 providing an effective date. 9
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2424 Be It Enacted by the Legislature of the State of Florida: 11
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2626 Section 1. Sections 448.20, 448.21, 448.22, 448.23, 13
2727 448.24, 448.25, and 448.26, Florida Statutes, are repealed. 14
2828 Section 2. Subsection (10) of section 443.101, Florida 15
2929 Statutes, is amended to read: 16
3030 443.101 Disqualification for benefits. —An individual shall 17
3131 be disqualified for benefits: 18
3232 (10) Subject to the requirements of this subsection, if 19
3333 the claim is made based on the loss of employment as a leased 20
3434 employee for an employee leasing company or as a tempora ry 21
3535 employee for a temporary help firm. 22
3636 (a) As used in this subsection, the term: 23
3737 1. "Temporary help firm" means a firm that hires its own 24
3838 employees and assigns them to clients to support or supplement 25
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4747 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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5151 the client's workforce in work situations such as e mployee 26
5252 absences, temporary skill shortages, seasonal workloads, and 27
5353 special assignments and projects , and includes a labor pool as 28
5454 defined in s. 448.22 . The term also includes a firm created by 29
5555 an entity licensed under s. 125.012(6), which hires employees 30
5656 assigned by a union for the purpose of supplementing or 31
5757 supporting the workforce of the temporary help firm's clients. 32
5858 The term does not include employee leasing companies regulated 33
5959 under part XI of chapter 468. 34
6060 2. "Temporary employee" means an employee assigned to work 35
6161 for the clients of a temporary help firm. The term also includes 36
6262 a day laborer performing day labor, as defined in s. 448.22, who 37
6363 is employed by a labor pool as defined in s. 448.22. 38
6464 3. "Leased employee" means an employee assigned to wo rk 39
6565 for the clients of an employee leasing company regulated under 40
6666 part XI of chapter 468. 41
6767 (b) A temporary or leased employee is deemed to have 42
6868 voluntarily quit employment and is disqualified for benefits 43
6969 under subparagraph (1)(a)1. if, upon conclusion of his or her 44
7070 latest assignment, the temporary or leased employee, without 45
7171 good cause, failed to contact the temporary help or employee -46
7272 leasing firm for reassignment, if the employer advised the 47
7373 temporary or leased employee at the time of hire and that the 48
7474 leased employee is notified also at the time of separation that 49
7575 he or she must report for reassignment upon conclusion of each 50
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8484 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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8888 assignment, regardless of the duration of the assignment, and 51
8989 that reemployment assistance benefits may be denied for failure 52
9090 to report. For purposes of this section, the time of hire for a 53
9191 day laborer is upon his or her acceptance of the first 54
9292 assignment following completion of an employment application 55
9393 with the labor pool. The labor pool as defined in s. 448.22(1) 56
9494 must provide notice to the temporary employee upon conclusion of 57
9595 the latest assignment that work is available the next business 58
9696 day and that the temporary employee must report for reassignment 59
9797 the next business day. The notice must be given by means of a 60
9898 notice printed on the paycheck, written notice included in the 61
9999 pay envelope, or other written notification at the conclusion of 62
100100 the current assignment. 63
101101 Section 3. Subsection (2) of section 448.111, Florida 64
102102 Statutes, is amended to read: 65
103103 448.111 Evidentiary standards fo r actions of a business 66
104104 during an emergency. — 67
105105 (2) Notwithstanding any other law, the following actions 68
106106 of a business, if taken during a public health emergency 69
107107 declared by the State Health Officer under s. 381.00315 or a 70
108108 state of emergency declared by th e Governor under s. 252.36, may 71
109109 not be used as evidence in a civil cause of action brought under 72
110110 s. 440.10, s. 440.192, s. 440.38, s. 440.381, s. 448.103, s. 73
111111 448.110, s. 448.25, chapter 532, or s. 717.115, or in a civil 74
112112 cause of action, as provided for und er general law, to recover 75
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121121 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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125125 lost wages, salary, employment benefits, or other compensation, 76
126126 because an individual has not been properly classified as an 77
127127 employee: 78
128128 (a) Providing financial assistance to previously engaged 79
129129 individuals who are unable to work because of health and safety 80
130130 concerns. 81
131131 (b) Directly providing benefits that are related to the 82
132132 health and safety of engaged individuals, including medical or 83
133133 cleaning supplies, personal protective equipment, health checks, 84
134134 or medical testing. 85
135135 (c) Providing training or information related to the 86
136136 health and safety of engaged individuals or the public. 87
137137 (d) Taking any action, including action required or 88
138138 suggested by any federal, state, or local law, ordinance, order, 89
139139 or directive which is intended to pro tect public health and 90
140140 safety. 91
141141 Section 4. This act shall take effect July 1, 2025. 92