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3 | 3 | | HB 6033 2025 |
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7 | 7 | | CODING: Words stricken are deletions; words underlined are additions. |
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8 | 8 | | hb6033-00 |
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9 | 9 | | Page 1 of 4 |
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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 |
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15 | 15 | | An act relating to the Labor Pool Act; repealing ss. 2 |
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16 | 16 | | 448.20, 448.21, 448.22, 448.23, 448.24, 448.25, and 3 |
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17 | 17 | | 448.26, F.S., relating to short title; legislative 4 |
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18 | 18 | | intent; definitions; exclusions; duties and rights; 5 |
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19 | 19 | | remedies, damages, and costs; and application, 6 |
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20 | 20 | | respectively; amending ss. 443.101 and 448.111, F.S.; 7 |
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21 | 21 | | conforming provisions to changes made by the act; 8 |
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22 | 22 | | providing an effective date. 9 |
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23 | 23 | | 10 |
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24 | 24 | | Be It Enacted by the Legislature of the State of Florida: 11 |
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25 | 25 | | 12 |
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26 | 26 | | Section 1. Sections 448.20, 448.21, 448.22, 448.23, 13 |
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27 | 27 | | 448.24, 448.25, and 448.26, Florida Statutes, are repealed. 14 |
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28 | 28 | | Section 2. Subsection (10) of section 443.101, Florida 15 |
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29 | 29 | | Statutes, is amended to read: 16 |
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30 | 30 | | 443.101 Disqualification for benefits. —An individual shall 17 |
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31 | 31 | | be disqualified for benefits: 18 |
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32 | 32 | | (10) Subject to the requirements of this subsection, if 19 |
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33 | 33 | | the claim is made based on the loss of employment as a leased 20 |
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34 | 34 | | employee for an employee leasing company or as a tempora ry 21 |
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35 | 35 | | employee for a temporary help firm. 22 |
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36 | 36 | | (a) As used in this subsection, the term: 23 |
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37 | 37 | | 1. "Temporary help firm" means a firm that hires its own 24 |
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38 | 38 | | employees and assigns them to clients to support or supplement 25 |
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44 | 44 | | CODING: Words stricken are deletions; words underlined are additions. |
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46 | 46 | | Page 2 of 4 |
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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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51 | 51 | | the client's workforce in work situations such as e mployee 26 |
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52 | 52 | | absences, temporary skill shortages, seasonal workloads, and 27 |
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53 | 53 | | special assignments and projects , and includes a labor pool as 28 |
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54 | 54 | | defined in s. 448.22 . The term also includes a firm created by 29 |
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55 | 55 | | an entity licensed under s. 125.012(6), which hires employees 30 |
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56 | 56 | | assigned by a union for the purpose of supplementing or 31 |
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57 | 57 | | supporting the workforce of the temporary help firm's clients. 32 |
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58 | 58 | | The term does not include employee leasing companies regulated 33 |
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59 | 59 | | under part XI of chapter 468. 34 |
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60 | 60 | | 2. "Temporary employee" means an employee assigned to work 35 |
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61 | 61 | | for the clients of a temporary help firm. The term also includes 36 |
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62 | 62 | | a day laborer performing day labor, as defined in s. 448.22, who 37 |
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63 | 63 | | is employed by a labor pool as defined in s. 448.22. 38 |
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64 | 64 | | 3. "Leased employee" means an employee assigned to wo rk 39 |
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65 | 65 | | for the clients of an employee leasing company regulated under 40 |
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66 | 66 | | part XI of chapter 468. 41 |
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67 | 67 | | (b) A temporary or leased employee is deemed to have 42 |
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68 | 68 | | voluntarily quit employment and is disqualified for benefits 43 |
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69 | 69 | | under subparagraph (1)(a)1. if, upon conclusion of his or her 44 |
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70 | 70 | | latest assignment, the temporary or leased employee, without 45 |
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71 | 71 | | good cause, failed to contact the temporary help or employee -46 |
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72 | 72 | | leasing firm for reassignment, if the employer advised the 47 |
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73 | 73 | | temporary or leased employee at the time of hire and that the 48 |
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74 | 74 | | leased employee is notified also at the time of separation that 49 |
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75 | 75 | | he or she must report for reassignment upon conclusion of each 50 |
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83 | 83 | | Page 3 of 4 |
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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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88 | 88 | | assignment, regardless of the duration of the assignment, and 51 |
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89 | 89 | | that reemployment assistance benefits may be denied for failure 52 |
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90 | 90 | | to report. For purposes of this section, the time of hire for a 53 |
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91 | 91 | | day laborer is upon his or her acceptance of the first 54 |
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92 | 92 | | assignment following completion of an employment application 55 |
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93 | 93 | | with the labor pool. The labor pool as defined in s. 448.22(1) 56 |
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94 | 94 | | must provide notice to the temporary employee upon conclusion of 57 |
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95 | 95 | | the latest assignment that work is available the next business 58 |
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96 | 96 | | day and that the temporary employee must report for reassignment 59 |
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97 | 97 | | the next business day. The notice must be given by means of a 60 |
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98 | 98 | | notice printed on the paycheck, written notice included in the 61 |
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99 | 99 | | pay envelope, or other written notification at the conclusion of 62 |
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100 | 100 | | the current assignment. 63 |
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101 | 101 | | Section 3. Subsection (2) of section 448.111, Florida 64 |
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102 | 102 | | Statutes, is amended to read: 65 |
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103 | 103 | | 448.111 Evidentiary standards fo r actions of a business 66 |
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104 | 104 | | during an emergency. — 67 |
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105 | 105 | | (2) Notwithstanding any other law, the following actions 68 |
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106 | 106 | | of a business, if taken during a public health emergency 69 |
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107 | 107 | | declared by the State Health Officer under s. 381.00315 or a 70 |
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108 | 108 | | state of emergency declared by th e Governor under s. 252.36, may 71 |
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109 | 109 | | not be used as evidence in a civil cause of action brought under 72 |
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110 | 110 | | s. 440.10, s. 440.192, s. 440.38, s. 440.381, s. 448.103, s. 73 |
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111 | 111 | | 448.110, s. 448.25, chapter 532, or s. 717.115, or in a civil 74 |
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112 | 112 | | cause of action, as provided for und er general law, to recover 75 |
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120 | 120 | | Page 4 of 4 |
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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 | | lost wages, salary, employment benefits, or other compensation, 76 |
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126 | 126 | | because an individual has not been properly classified as an 77 |
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127 | 127 | | employee: 78 |
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128 | 128 | | (a) Providing financial assistance to previously engaged 79 |
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129 | 129 | | individuals who are unable to work because of health and safety 80 |
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130 | 130 | | concerns. 81 |
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131 | 131 | | (b) Directly providing benefits that are related to the 82 |
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132 | 132 | | health and safety of engaged individuals, including medical or 83 |
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133 | 133 | | cleaning supplies, personal protective equipment, health checks, 84 |
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134 | 134 | | or medical testing. 85 |
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135 | 135 | | (c) Providing training or information related to the 86 |
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136 | 136 | | health and safety of engaged individuals or the public. 87 |
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137 | 137 | | (d) Taking any action, including action required or 88 |
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138 | 138 | | suggested by any federal, state, or local law, ordinance, order, 89 |
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139 | 139 | | or directive which is intended to pro tect public health and 90 |
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140 | 140 | | safety. 91 |
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141 | 141 | | Section 4. This act shall take effect July 1, 2025. 92 |
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