Gov. Ron DeSantis has quietly signed into law a measure barring local governments from requiring employers to provide workers with basic protections like shade, accessible water, and breaks from the Florida’s scorching heat and humidity.
Since the Legislature adjourned its regular session on March 8, the governor has staged press conferences packed with political supporters to sign bills cracking down on child predators, retail theft and porch piracy, fentanyl traffickers, plus another new law that channels the state’s share of Seminole gambling proceeds into environmental programs.
And on Friday, he went before the cameras to sign new laws stripping civilian police oversight boards of any power and preventing civilians from coming within 25 feet of a first responder if warned to stay back.
Word of the heat-protection ban came, however, via a press release issued by the governor’s office after 8 p.m. Thursday. It was one of 10 bills he signed that day.
State Sen. Victor Torres of Orange County condemned the move as a “step back” in protecting workers.
“Florida is known as the Sunshine State — and the governor just signed a law to ensure the outdoor workers can’t escape the sun,” Torres said in a written statement.
‘All around us’
“Outdoor workers are all around us — working on construction sites, repairing and paving roads, picking fruit and vegetables on farms, and more. They’re just trying to make a living for their families — and instead of putting protections in place to ensure businesses are prioritizing their workers’ health and well-being from record-setting temperatures, we tied the hands of proactive local governments to do so,” Torres added.
The move is “not only an injustice for the thousands of outdoor workers who are asking for the bare minimum in triple-digit heat, but it’s also an afront to decency and humanity,” said Esteban Wood, policy director for WeCount!, representing immigrant communities, which led opposition to the bill.
“Workers who are simply asking for 10 minutes of a shaded rest break, simply asking for rest breaks on a job — to deny workers that is simply outrageous,” Wood added. “Extreme heat kills.”
“It’s no surprise that Gov. DeSantis signed this cruel and terrible bill late at night; that’s what you do when you’re embarrassed about what you’re signing,” said Jessica E. Martinez, co-executive director of the National Council for Occupational Safety and Health (COSH), a labor-oriented organization.
Preemption
DeSantis did play down the problem during his news conference Friday.
“It wasn’t anything that was coming from me. There was a lot of concern out of one county, Miami-Dade. And I don’t think it was an issue in any other part of the state. I think they were pursuing something that was gonna cause a lot of problems down there, so I think a lot of the members of the Dade delegation created that just to steer clear of those problems,” he said.
Eighty-eight environmental, faith and progressive groups in early April called upon DeSantis to veto the legislation.
The new law, HB 433, which takes effect on July 1, forbids the state or its political subdivisions from requiring any protections not mandated by state or federal law, even for their own contractors. Neither can they weigh bid solicitations in favor of contractors who provide more protections. Or use their contracting power to seek to influence wages or benefits.
A legislative analysis of the bill observes: “Currently, there are no specific federal or state laws that provide heat exposure protections for outdoor workers.”
As the Phoenix has reported, the only county in Florida that had been considering enacting such a heat protection ordinance was Miami-Dade. That effort fizzed under pressure from industry groups and as the Legislature took up the preemption bill.
By contrast, the Phoenix, Arizona, city council voted unanimously on March 26 to require city contractors and subcontractors to provide access to rest, shade, water, and air conditioning for all of their employees who work outdoors.
‘Backwards legislation’
“The governor should be embarrassed. This backwards legislation abandons the many workers in Florida who are at risk from extreme heat, even though Florida is the hottest state in the nation and the plain fact is that temperatures are getting hotter every year,” COSH’s Martinez said.
“Does Ron DeSantis really think it’s appropriate to stop local communities from requiring employers to provide rest, water, and shade to workers who desperately need those protections? Probably not, or he would have signed the bill in broad daylight,” Martinez continued.
“We’re incredibly proud of workers at WeCount! who have led this fight and brought a spotlight to the dangers faced by working people due to climate change. They’re not giving up, and neither are we, because workers need and deserve basic, common-sense protections at every level: local, state and federal.”
WeCount! had pressed for worker protections in the Legislature for years with no success, Wood said in a telephone interview.
One avenue for progress might be worker-directed social responsibility (WSR) which can include agreements with major employers, including big-box stores and restaurant chains, to voluntarily require suppliers to “essentially follow a code of conduct, and that’s something I think is worth exploring,” Wood said.
The Coalition of Immokalee Workers has negotiated just such an agreement, called the Fair Food Program, Wood noted.
–Michael Moline, Florida Phoenix
Shark says
You get what you elect/
Pogo says
@I suppose next, you’ll say DeSantis supports debtor prisons — oops, never mind
Takin it off here boss
https://www.google.com/search?q=debtor+imprisonment+by+country
Jane Gentile-Youd says
This insane inhuman bill , in addition to the illegal immigrants De Satin is targeting, affects many legal US resident and citizens workers in airline repair facilities s as well as many car mechanic facilities. Outdoor food market employees, FDOT road workers may all be negatively affected by this maniac’s total lack of concern for the basic needs of his constituents.
What happened to a man who once had a heart and brains ? Is it $$$$$$$$$$$
Nancy N. says
I think you are being too generous. He may have gone to Harvard, but I’ve never seen any evidence that DeSantis has a heart.
tulip says
DeSantis is truly a cold hearted, insensitive and sometimes cruel person. How would he like to work in the hot sun with no relief? Or maybe his wife and kids.
Brian says
Having given 40 years of my life working for the people of Florida in all kinds of weather all I will say is FUCK you Ron. We were not offered skin protection, hearing protection, fall protection, appropriate clothing or eye protection for the majority of my career. I challenge that chicken shit fool to spend a day working behind a drill rig in the Florida summer in a damn swamp. I have constant pain, can barely walk and skin cancers all thanks to FDOT. So Ron you can kiss the only white place on my body.
TR says
I have a question, how is this the responsibility from an employer for you to protect yourself from the outdoor elements? If you wanted protection from all the bad things you described then why didn’t YOU get them for yourself or find a different line of work indoors?
Nancy N. says
TR, you do realize that SOMEONE has to build roads, right? If not Brian, then someone else? Why are you apparently ok with people risking their lives and even dying to build the roads you drive on, create the infrastructure connected to your home, or grow the food you eat?
Brian says
Because he doesn’t have to do it.
TR says
I’m ok with it because I choose a different profession in the field of cabinet maker and have had my business for 45 years. Anyone who chooses to work in the heat in Florida can only blame themselves for the way it effects them. Everyone should be smart enough to know that in Florida during 10 out of 12 months it’s going to be hotter outside then inside. If they don’t like to work in the heat in Florida, then they should maybe find a different profession where they can work inside with a/c.
TR says
I’m ok with it because those are the people that CHOOSE to do those jobs. No one is holding a gun to their heads and forcing them to do the jobs you think are a risk of them dying.
However, I just read the bill and again the entire truth isn’t noted in this article. These jobs that everyone is talking about outside in the scorching sun, and the employers being banned from supplying shade, water and breaks are not true. By Florida labor law employers are required to allow two breaks a day, one lunch and I’ll bet there isn’t an employer out there that would stop his employees from drinking water all day to stay hydrated while working outside when the sun is shinning. The new bill is just stating that an employer isn’t required to give any more that Florida labor laws already require. But I’ll bet anyone that there isn’t an employer out there that doesn’t allow his employees to go a little further than what Florida laws already require. Besides I see workers that do roofing, road repair, building and a lot of other jobs where the workers are either wearing hates of some kind, drinking at any given time out of an orange water cooler and during breaks and lunch sitting in the shade or their cars.
Brian says
Well since I worked construction on the side along with roofing and whatever odd job I could find just to supplement the stupid low wages they paid us, I could not afford to pay for shit like that. Different job? Not that many available back then. When things improved I had 25 years in so figured I could make retirement. Sorry but I thought I was doing the right thing, you know food on the table, sick leave and job security. But it seems I should have went to McDonalds or something and said screw the bills according to you.
TR says
Brian: “But it seems I should have went to McDonalds or something and said screw the bills according to you.” I never said what your insinuating, so please don’t put words in my mouth.
Ray W. says
Actually, TR, you have it backwards. It has long been the legal responsibility of employers to provide a safe work environment, for over 100 years now. The only reason we have laws against unsafe work environments is because employers repeatedly and intentionally exposed, and still expose, their employees to potential harm.
Witness the terrible death toll (146 – mostly young women) in the 1911 Triangle Shirtwaist factory that resulted from an employer locking almost all of the exits from the workroom, mainly to reduce theft, to limit the entry of union activists, and to limit breaks from the long workdays (52 hours per week). Cotton fabric scraps, being highly flammable, caught fire in an unemptied storage bin. No fire alarms. No fire extinguishers. No fire suppression system. Workplace occupied the 8th, 9th and 10th floors. Many workers jumped, many workers fell from a balcony that twisted loose from its mooring due to weight and heat.
The owners were charged with manslaughter but were acquitted. The civil suit succeeded. Eventually, state and federal laws placing responsibility for workplace safety on employers were passed.
In sum, what you propose, TR, has been illegal for over a century. By your comment, you establish that you have been wandering through life fooling yourself for who knows how long. Remember always that a social contract between employees and employers requires concessions and benefits for both sides, not just one side. When employers forget their responsibilities under this social contract, when the social contract failed, the law is forced to step in.
When I worked the broiler station in a busy family restaurant in the Shores, the owner commonly came into the kitchen at the end of a busy night and handed out extra money for our hard work. He would send back a cold beer at the end of a long shift. The servers would bring back sodas. Everyone worked together. Since the broilerman ran the kitchen, I ensured that no one cursed in the kitchen, no matter what. The owner backed me up. My predecessor broilerman insisted on the same. Yes, I protected myself by ensuring ample supplies of cold water, in a 1/2-gallon plastic container. On hot days and nights, I went through 3 or four fills of water. One evening, I placed a meat thermometer on the worktop across from the broiler; it registered 135 degrees. On hot nights, the owner would open the kitchen doors into the dining area to cool the kitchen. As Churchill put it, WWII broke all bonds between men. It is the bonds between mankind that bind us together, that allow a society of disparate ideals and beliefs to work together. You advocate for one-sided action. Your way of thinking leads to workplace harm and death. My way of thinking limits workplace harm or death. Your way of thinking is accepted by many employers. Hence, the statutes against your way of thinking. We would not need courts to resolve issues arising from workplace harm or death if people who think like you do were to stop thinking like you do.
Please disabuse yourself, TR, from your way of thinking, at least on this issue. Thinking backward does not help you. To paraphrase Wittgenstein, one of the most difficult things in life is to not fool oneself. You, TR, on this issue, are a fool.
Sherry says
Thank you, Ray W. . . your last paragraph is especially appropriate!
Pissed says
Really???
Laurel says
Well Florida taxpayers, brace yourself for some more DeSantis lawsuits! What in the hell are these people thinking?
I watched a Park Ranger drop in the middle of the street while directing traffic. A nurse once told me that you have no second chance regarding heat stroke, if the first one doesn’t do it the second one will.
Funny, DeSantis likes to do some of his work in the dark! He doesn’t seem to have much taste for the Sunshine.
R.S. says
Like the Count, he’ll probably disintegrate in sunshine.
gene piccolo says
DEsantis again shows he has no clue. Lets break the stranglehold he has in Florida
Patricia Brooke says
I challenge DeathSantis to spend one day working alongside a road crew (or any other laborers who consistently work outdoors) in July here in Florida without taking a break from the killing heat and overwhelming need for hydration. He wouldn’t make it 2 hours, I promise.
What an evil, terrible bill to sign! Shame on you, Governor!!!!
TR says
Can’t take the heat get out of the kitchen. In other words if you can not work in the heat then find a job inside. Apparently according to puppet Joe there are plenty out there.
Another Faux Christian ⬆️ says
How Christian of you. Do you pray to your God with that mouth or just your orange idol? The concept of basic human rights, which is what Jesus spoke of, is lost on you faux Christians that idolize a man who paid a porn star he screwed while his wife was pregnant to shut up, who also was held liable for sexual assault…I think your allegiance to yam tits says everything there is to know about you.
Deborah Coffey says
And then some….
Brian says
So you would have left and tried to get a job indoors? Yeah go do that and let me know how that works. I would challenge you to spend a minute or two behind a drill rig or beside a pile driver.
Patricia Brooke says
TR, who do you know who CAN work an 8-10 hour shift in the Florida sun without a break? Not you! You obviously have no empathy for anyone if you think this is acceptable.
What a sad and pathetic soul you are if you feel so little concern for those providing the labor necessary to keep our state running.
TR says
No one is taking any breaks away from anyone. Read the bill. It doesn’t take away anything that the Florida Labor Laws forces employers to do. Which btw is 2 breaks and a lunch within an 8 hr work day.
Oat stite says
Everybody doesn’t have the skills to work in office job and we certainly need people working on the roads. you are a very sensitive and you are a man.
Jim says
Gotta agree with Another Faux Christian here! TR, what’s wrong with you?! Are you really against a mandate that people working in high temperature/humidity get a break to hydrate once in a while? Would you rather see someone drop with heat stroke than get such a break?
Did you know that if you work in most industries, there is this thing called OSHA which has all kinds of rules and regulations that companies must meet. Why do you single this out for your coldness?
And, way to take a dig at Biden. I guess it’s painful for you Trumpers to see the job market doing so well for job-seekers. Must really irk you. We need to get back to the Trump years when people were getting laid off right and left because of the great job he did getting us through the pandemic (how many died????).
And since I’m sure you are a person of your convictions, make sure you don’t drink anything while mowing your yard or take a dip in anyone’s pool this year. Enjoy the heat!!!!
Robin says
Thank you Jim. Well said.
👏👏👏
Sherry says
Thank you Jim, Patricia, Brian and Laurel. . . apparently self centered, short slighted, soulless TR has zero concern for all the “blue collar” workers out in the hot Florida sun creating the infrastructure (roads, bridges, roofs, buildings) he uses each and every day.
desantis is destroying Florida in every way possible! VOTE the MAGA Republicans OUT!
TR says
When you know what your talking about then you can judge me. So educate yourself and read the bill before you judge me. That goes for anyone else who commented and didn’t read the bill. But not surprised that all the negative comments to mine are from left wing liberals who just twist things and also leave out some of the story.
Ray W. says
“All” of your critics are “left wing liberals”? You aren’t even personally responsible in your own comments! If you don’t know the difference between conservatism and liberalism, how can you even type such an all-encompassing statement?
Since it is obvious from the content of your comments that I am more conservative than you are, my having taken the time to actually study what true conservatism means, I can easily state that “conservative” isn’t what you are. Once again, true conservatism as a movement began with the ideals of separation of powers, individual rights and adherence to the rule of law. I find it somewhat amusing to read your whiny comments about those who oppose your arguing in favor of employee harm, as if you are the victim here. Man up! Reread your comments in this thread. Understand better what you are arguing.
Personal responsibility requires of you that you admit that abusive employers have existed since the beginning of employment. The only reason we need a statute mandating work breaks is because without one some employers wouldn’t give any work breaks. A bill requiring a two breaks per day and a lunch break doesn’t begin to address the potential dangers of working outdoors in heat index values of 120 degrees, which I saw predicted several times last August in FlaglerLive’s daily weather outlook. Yet employees kept building houses and roads, mowing lawns, driving police cruisers (yes, it is possible that at least one deputy was overcome by heat last year), picking up waste of all kinds, harvesting crops, amidst many other outdoor jobs. Can it be argued that many, if not most, Flagler employers didn’t need a statute last August telling them to take care of their employees in the midst of a heat dome that lasted for nearly two weeks?
You are right when you assert that commenters are reading what you type and reacting negatively to you. You alone have the power to stop all of the criticism. Stop typing drivel! Fix the problem, because you are the problem. Stop wandering through life fooling yourself. It is difficult for you to win an argument when you start from a losing position. There will always be social bonds of responsibility between employers and employees. Anyone who argues against that, like you are arguing in your comments, is starting from a losing position.
As an aside, when my son and stepson were almost 10 years old, their sibling rivalry was getting the best of their basic bonds of brotherhood. I sat them down and told them they were starting a lawn service, that they were going to learn how to work together, that they were going to learn how to solve problems together. I provided the equipment (basic homeowner stuff) and off we went.
That first summer, the boys had four lawns. The elder son turned 10. The rivalry began to fade away, as they were working towards a common goal, which was my initial goal. I mowed right next to them.
By the time they were 14, their business had 40 lawns and they had added as an equal partner a long-time friend from youth baseball. I still mowed right beside them, as they couldn’t drive on their own.
On the eldest child’s 16th birthday, they had 60 lawns.
I never charged them for my assistance. They kept their own books, were licensed and insured, talked to their customers without my help, etc. The most I mowed alongside them was 28 lawns in a day. I was younger and better able to handle the heat, but we never saw heat indexes of 120. 106 was rare back then.
Since their lawns were spread out, with some in clusters, others alone, we commonly took work breaks throughout the day as I drove them from job to job. Plenty of fluids. Lunch breaks. All of this while working my own job, at first as a prosecutor and later as a defense attorney. But it was always their business, and they did really good work. Their lawns looked good. Whenever they got an account in a new neighborhood, withing two months they had a cluster of homes to mow.
They bought all of their own commercial equipment. By the time they turned 16, they owned their own truck, a 6×10 trailer, and the multiple tools and tractors necessitated by that type of work. They learned to save by negotiating with their local Stihl dealer each spring when a Stihl regional dealer representative was on site for the annual spring sale. They bought in bulk if the dealer would offer even greater savings than advertised. They asked that the dealer throw in extra lubricants and replacement parts, approved by the dealer representative. They learned how to run their own business (not without mistakes), how to repair equipment, how to deal with customers, how to estimate jobs.
When the oldest obtained his driver’s license, I had had enough of mowing after more than six years of toil, and they went on by themselves. One still has a now all-electric lawn service. The other is semi-retired already. That one learned how to plan and set long-term goals and see them through. It cost me three ruptured discs and a long bout with severe back pain, but it was worth every minute. Some might say it was abusive of me to mow with them at that age. Perhaps they are right. I have to think my children are far better off than they would have been had they not learned how to handle their own business. Besides, I had my own paper route at the age of 10, with as many as 125 accounts in the wintertime on the beachside in the Shores. When I was 14, I had a similar route, plus a summer job busing tables in a restaurant. I doubt if I ever broke 60 hours in a week at age 14, but I was pretty close each week.
Stop whining about yourself, TR. Make yourself a better person, or at least a less bad one. Study what true conservatism actually means. Hint, it is not today’s Republican Party platform. You might begin your study by asking whether true conservatives threaten to behead Democrats, to slit throats, to crush vermin. Revel in the epiphanies you experience as you learn more about true conservatism.
Pogo says
@Ray W.
Standing ovation.
Ray W. says
Thank you, Pogo.
As an attorney, over time, I came to better understand that I did not have the luxury of being reckless with my clients’ futures. The third of my four rules to the practice of law was, in summary, that I give advice and the clients made the final decisions. I told all of my clients that I had to be cautious in my advice to them. They could be reckless, but I could not. It is a simple matrix. Since I don’t believe that I can predict the future any more than anyone else can, then I cannot predict what a jury will do, what a witness will say, what sentence a judge will impose, then the client should be the one who chooses trial. If I recklessly advise a person facing life in prison to take a case to trial, and the jury convicts, life is what they will get. They have the right to take that chance, but I have to be cautious when advising them to take such risks. This is where TR has it backwards. He is willing to place all responsibility on employees, thereby risking the lives of employees who may feel a variety of possible pressures to keep an outdoor job. I argue that social bonds between employers and employees mandate that neither should be pressured to take such extreme risks, yet we all know some, hopefully few, employers will place their employees at risk on days of 120-degree heat indexes.
The argument was the same for mask-wearing during the pandemic. I had no choice but to argue in favor of mask wearing, regardless of what I believed in the early stages of the disease. No reliable science existed in the early months about coronavirus spread being limited by mask-wearing, so no competent and reliable evidence truly supported mask wearing. I knew this once the virus was described as a “novel” virus. That meant that all previous science about other forms of virus was anecdotal as it pertained to this new virus, not scientific. New studies had to conducted and peer reviewed. My duty to my fellow citizens mandated my arguing in favor of mask-wearing; there was no other ethical choice. If mask-wearing proved right in the long run, lives could be saved. If mask-wearing proved useless, no one would be harmed by wearing masks. Those who argued against mask wearing were willing to let other people die if they were wrong.
This is why TR’s argument will always be unethical. One should never argue that an employer has no duty of care toward their employees on days of 120-degree heat index.
Laurel says
I’m standing too, as is my conservative husband! Thank you Ray.
TR says
I’m tired of repeating myself to people who haven’t read the bill. read my responses to your comrades above who also didn’t read the bill. This article actually didn’t tell the entire truth, but not surprised.
Jim says
Well, TR, I’ll try to explain my concern with your position. First, one of your comments was to the effect that if you don’t like working in the heat, find another job. Unfortunately, not everyone can do that and, fortunately for you and me, those folks that do work in the heat perform critical jobs that allow you and me to have homes, roads, stores, fuel, food, etc. So I don’t think your crass comment that people should just find another job holds up to scrutiny. And I find it disappointing that you wouldn’t have a little compassion for people who do perform these jobs. I do understand your reading of the current law allowing two breaks and a lunch break. I would reply that in extreme heat, that might not be enough for many people. And I don’t think that all employers are considerate of their employees and expect or allow them to take more breaks as they need them. That might be why the law was proposed in the first place.
You just seem to feel that it’s just tough luck to those who are doing these jobs and they should just deal with it. I think people that do these jobs deserve respect and a little consideration regarding their health. If that makes me a liberal, so be it. And, by the way, comrade, I don’t think the commies give their workers much of a break on the jobs they do so maybe you’re the comrade since you seem to feel that’s the way things should be.
So while you’re mad at those that replied to your comments, perhaps you can find some time to re-read what you’ve written and ask yourself if your comments reflect any understanding of what the bill proposed and why it proposed it. Working people into heat stroke (or worse) doesn’t seem to be a strong economic driver to me.
And, I’ve worked in the extreme heat but I was a young man then and in great shape and it still nearly got to me on many occasions. For people in their 40’s or older, I have nothing but respect as I honestly doubt I would have been able to do it.
Denali says
My Lord – People, please read the law itself. (448.106 Workplace heat exposure requirements) It does not stop any private employer from establishing heat exposure requirements for its employees. Likewise, it does not prevent any Political Subdivision from establishing heat exposure requirements for its employees. What it does do is prevent a Political Subdivision from requiring any contractor or vendor to establish heat exposure requirements on said contractor or vendor. It also becomes invalid, under certain conditions, if federal monies are involved.
Nothing in this act takes away any existing regulations or prohibits an employer from establishing heat exposure requirements for its employees. FWIW, this act also restricts Political Subdivisions from enforcing minimum wage requirements on contractors and vendors. The real tragedy of this act is that it once again reduces Home Rule in Florida.
Joe D says
Well, we can be thankful for ONE thing… at least Ron DeSantis won’t be PRESIDENT in 2024 (would have been MORE dangerous than a re-elected Donald Trump…and that is saying SOMETHING).
But then again 2028 could be fair game…
Ed P says
Legislation simply prohibits local municipalities, counties, or any other “political subdivision “ in Florida from enacting regulations requiring workers protection against heat exposure —- beyond state or federal law.
It doesn’t prevent shade or water or breaks but rather prevents employers from being over burdened by any local regulations.
One more time: restricts heat-exposure requirements beyond state or federal laws.
Doesn’t deny anyone breaks, drinks, shade, or even siestas!
Pierre provides links so everyone can read and make informed comments beyond one a single view point provided in any article. Try them, they are blue.
To restate Ray W, too many commenters don’t research or sometimes read the article before they post.
RobdaSlob says
These laws are well intended but they place a burden on the employer. The burden isn’t providing the protection. If you are an employer of those who work outside and you do not provide water, shade, breaks, etc. then you won’t be successful. The burden is when you are accused of not providing the requisite provisions then you, as the employer, has to provide objective evidence – time clock records showing breaks for example, not sure what you show for “shade” or “water” provided, etc. And there is no shortage of labor lawyers that are smart enough to know your lack of records is the same as not providing.
The second problem is around how the local law is written. If the law is broad then it applies to all employees – including those that sit in air conditioning all day. Now that employer has to demonstrate that even though that employee sits in comfort – did they get the requisite breaks, water, etc. If you don’t have records – you didn’t provide.
Third – the veto was local municipalities can’t write local law. Having a uniform state standard would be easier for everyone. Think of it as if you work in Flagler Beach to do a job, do you really want a different standard for Palm Coast? Lots of people work around various state locations. So having one standard would make it easier for the employee to understand and employer to provide.
for real says
Roevember is coming!
Roofer says
You Cant prove your skin cancer was from your employer making you work outside with no protections…..let hope racist ron has a public heat stroke. Republicons hate average people and worship profits.
Ray W. says
On March 19th, the News-Journal published an article about Florida farmers purposely planting fewer acres of crops than possible this year because they anticipate that they will not be able to find enough workers to harvest the produce. A Clermont-based farmer is quoted: “We can grow our crop, but without harvesting it, we might as well not grow it.” A Florida Ag Coalition lobbyist quoted: “There are some farmers who did not plant as much this season because they couldn’t get the workers they needed.” He stated: “One of the big reasons they couldn’t is they could not secure housing quick enough or at the level they needed for the number of guest workers.”
Why would Florida’s farmers suddenly need to secure housing for “guest workers” when for decades they always could find enough temporary workers without need to build the housing? According to the author of the article, if a farmer now wishes to lawfully bring temporary workers into the state, he or she has to do so in accord with federal statutes (H-2A visa program, for one) that require certain minimum housing standards. The H-2A visa program allows certain documented immigrants to temporarily work under minimum living conditions. Did Florida’s farmers not have to use H-2A workers in the past?
What does SB 1082 address? It seems that Florida’s farmers wish to ease the legal process to build the mandatory temporary housing for those workers entering the state under the federal H-2A program. The state statute places minimum distances from neighboring housing developments so at to limit the effect of the temporary housing on neighboring home values. “Screening” shrubbery and fences and trees must be planted to also lessen any potential impact on residential home values. The temporary homes must be at least 10′ apart. If they are unoccupied for over a year, they must be torn down. County and municipal governments may not enact new laws regulating the ability of farmers to build the temporary homes.
The problem that created the need for SB 1082? It seems that last year’s law requiring businesses with more than 25 workers to E-Verify the workers for legal status has driven off the undocumented immigrant work force that used to harvest Florida’s crops. That, and the provision that criminalizes those who transport undocumented workers into and throughout the state, has denuded our state of its long-existing itinerant workforce.
I have to wonder whether the intentional non-planting of some of Florida’s croplands this year will affect our grocery prices soon and further into the future, supply and demand being what it is? What will happen next year? The lobbyist for the Florida Ag Coalition was quoted as saying the effects of today’s worker shortage will remain until 2026. After all, it will take time to build the required temporary housing. They lobbyist argues that farmers need “certainty” before they will spend the money to house their guest workers. If they build the housing and a local government decides to further regulate it, would that impact costs? It is expected that eventually enough housing will be built to temporarily house 52,000 H-2A guest workers.
I also have to wonder whom some FlaglerLive commenters will blame if food prices rise in Flagler County grocery stores? Who will be the ones who pay for the cost of building the temporary homes that didn’t have to be built before this year? Lettuce more expensive? Tomatoes? Cabbage? Potatoes? Sweet corn? Watermelons? I suppose the citrus crop will be less effected due to citrus greening and its impact for years on rising OJ prices. Will the best explanation be DeSantis inflation?
On the other hand, a Hendry County commissioner was quoted as saying the H-2A program has been “crafted and watered down to the point it will allow many of those crossing the border illegally to be participants in the proposed program.” If he is right, what does his concern mean for Florida’s farmers who have to comply with the E-Verify system?
Since the article, I have checked again and again on whether our governor has signed SB 1082 into law. It seems that while both branches of Florida’s legislature have passed the bill, it has not yet been forwarded to the governor. If forwarded to our governor and he signs it, of if he fails to veto it and it passes it into law by inaction, it will take effect of July 1.
I'm Ur Huckleberry says
The liberal sympathizers come out of the woodwork when our Governor doesn’t give them what they want. But I must say, you’ve got to be pretty stupid not to invest in sunscreen if you work out in the sun, as I did for many years in the Keys. It’s shouldn’t be the state’s responsibility to buy you sunscreen protection when you knew before you took the job, what it entailed. Get a life people. Liberals included.
Atwp says
Ur, I will agree, people should buy their sun screen, I bought mine until the company started buying it for us. Ur we all need to get a life, I thank God my life is much better than Donald Trump. Just saying.
Joe D says
It’s not SUNSCREEN you need…it’s WATER to counteract your body sweating away water through your skin to cool your body down. After a certain point, your body can’t cool down, and you progress to first “Heat Exhaustion”…then to “Heat Stroke”…where your body stops sweating at ALL, you body temperature shoots up, and your have a very high chance of DYING!
PS: I’m a retired Masters prepared Clinical Nurse Specialist and a certified Nurse Case manager. What are YOUR medical qualifications?….
SUNSCREEN….give me a break!
The Geode says
If you don’t like your job conditions …QUIT!
TR says
That’s pretty much what I said earlier. Then got attacked for my opinion. Better be careful someone will twist your comment around to make it look like you have no feelings toward the humans that do these jobs. Good Luck.
Lil bird says
Read the bill. Seriously. It says no government (or entity) can make or impose demands on employer beyond what current fed or state labor law dictates.
For example, a random city manager in town X can’t suddenly require lawn business to provide free sunscreen and breaks in the AC whereas another town authority might suddenly require access to ice and shade canopy greater than 10×20 or whatever. Basically the bill says authoritarian governments needs to back off and stop trying to make unnecessary burdens on small business in this state and let the employee decide to work with the company that offers the best privileges (paycheck or perks or schedule or vibe or whatever) for their needs.
dave says
Here is the bill should you wish to read it . Full of mumbo jumbo. My take, when a road worker, request to be allowed to get out of the sun and get some water and he is not allowed and then collapses and is rushed to the hospital, with server heat stroke, I would love to be his lawyer.
https://www.flsenate.gov/Session/Bill/2024/433/BillText/er/PDF
Endless Dark Money says
I think all victims should now be allowed to sue racist ron personally. Bad laws should have consequences and not just more Floridians getting skin cancer and heat exhaustion. Want to remove worker protections then pay the price. Would pay to see little man ron work on florida toxic roads in the middle of July he wouldnt make it an hour in his extra tall black girl boots. .
Bartman says
You guys all do understand that this doesn’t prevent employers from doing anything, right? It prevents local governments from enacting more stringent rules than are already required by law.
Bartman says
You guys all do realize that this law doesn’t prevent employers from doing anything, right? It prevents local governments from enacting more stringent rules than are already required by law