Bill Text: FL S1150 | 2010 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Registration/Farm Labor Contractors and Employees [CPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2010-05-27 - Approved by Governor; Chapter No. 2010-124 [S1150 Detail]

Download: Florida-2010-S1150-Engrossed.html

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SB 1150                                          First Engrossed 
20101150e1 
1                        A bill to be entitled 
2         An act relating to registration of farm labor 
3         contractors and employees; amending s. 450.28, F.S.; 
4         defining the term “timely application for renewal”; 
5         amending s. 450.31, F.S.; requiring the renewal of 
6         farm labor contractor and employee certificates of 
7         registration under certain circumstances; requiring 
8         the Department of Business and Professional Regulation 
9         to suspend, revoke, or refuse to issue or renew 
10         certificates of registration under certain 
11         circumstances; providing an effective date. 
12 
13  Be It Enacted by the Legislature of the State of Florida: 
14 
15         Section 1. Subsection (7) is added to section 450.28, 
16  Florida Statutes, to read: 
17         450.28 Definitions.— 
18         (7) “Timely application for renewal” means the application 
19  for a federal certificate of registration as a farm labor 
20  contractor, or a farm labor contractor employee, is filed, as 
21  defined by federal law, with the United States Department of 
22  Labor at least 30 days before its expiration date. 
23         Section 2. Paragraph (b) of subsection (1) and subsection 
24  (2) of section 450.31, Florida Statutes, are amended, 
25  subsections (3) through (7) are renumbered as subsections (4) 
26  through (8), respectively, and a new subsection (3) is added to 
27  that section, to read: 
28         450.31 Issuance, revocation, and suspension of, and refusal 
29  to issue or renew, certificate of registration.— 
30         (1) The department shall not issue to any person a 
31  certificate of registration as a farm labor contractor, nor 
32  shall it renew such certificate, until: 
33         (b) Such person has obtained and holds a valid federal 
34  certificate of registration as a farm labor contractor, or a 
35  farm labor contractor employee, unless exempt by federal law. 
36  However, the department shall renew a certificate of 
37  registration after such person’s federal certificate of 
38  registration expires if such person files a timely application 
39  for renewal with the United States Department of Labor. 
40         (2) The department may revoke, suspend, or refuse to issue 
41  or renew any certificate of registration when it is shown that 
42  the farm labor contractor has: 
43         (a) Violated or failed to comply with any provision of this 
44  part or the rules adopted pursuant to this part; 
45         (b) Made any misrepresentation or false statement in his or 
46  her application for a certificate of registration; 
47         (c) Given false or misleading information concerning terms, 
48  conditions, or existence of employment to persons who are 
49  recruited or hired to work on a farm; 
50         (d) Been assessed a civil fine by the department for which 
51  payment is overdue; 
52         (e) Failed to pay unemployment compensation taxes as 
53  determined by the Agency for Workforce Innovation; or 
54         (f) Been denied, or had suspended or revoked, a federal 
55  certificate of registration as a farm labor contractor; or 
56         (f)(g) Failed to pay federal employee taxes as determined 
57  by the Internal Revenue Service. 
58         (3) The department shall suspend, revoke, or refuse to 
59  issue or renew a certificate of registration upon receipt of a 
60  final order of suspension, revocation, or refusal to issue or 
61  renew the federal certificate of registration from the United 
62  States Department of Labor. 
63         Section 3. This act shall take effect July 1, 2010.