Florida Senate - 2024                                    SB 1596
       
       
        
       By Senator Burgess
       
       
       
       
       
       23-00392B-24                                          20241596__
    1                        A bill to be entitled                      
    2         An act relating to the employment of minors; amending
    3         s. 450.081, F.S.; removing certain employment
    4         restrictions for minors 16 and 17 years of age;
    5         revising the age at which certain employment
    6         restrictions apply; authorizing the Department of
    7         Business and Professional Regulation to grant waivers
    8         of certain employment restrictions; specifying
    9         applicable penalties for noncompliant employers;
   10         making technical changes; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 450.081, Florida Statutes, is amended to
   15  read:
   16         450.081 Hours of work in certain occupations.—
   17         (1)(a) Minors 15 years of age or younger may shall not be
   18  employed, permitted, or suffered to work:
   19         1. Before 7 a.m. or after 7 p.m. when school is scheduled
   20  the following day. Or
   21         2. For more than 15 hours in any one week when school is in
   22  session.
   23         (b) On any school day, minors 15 years of age or younger
   24  who are not enrolled in a career education program may shall not
   25  be gainfully employed for more than 3 hours, unless there is no
   26  session of school the following day.
   27         (c)(b) During holidays and summer vacations, minors 15
   28  years of age or younger may shall not be employed, permitted, or
   29  suffered to work before 7 a.m. or after 9 p.m., for more than 8
   30  hours in any one day, or for more than 40 hours in any one week.
   31         (2)(a) Minors 16 and 17 years of age may shall not be
   32  employed, permitted, or suffered to work:
   33         1. Before 5:30 a.m. 6:30 a.m. or after 12 a.m. 11:00 p.m.
   34  when school is scheduled the following day. or
   35         2. For more than 8 hours in any one day when school is
   36  scheduled the following day, except when the day of work is on a
   37  holiday or Sunday.
   38         3. For more than 30 hours in any one week when school is in
   39  session, minors 16 and 17 years of age shall not work more than
   40  30 hours in any one week.
   41         (b) On any school day, minors 16 and 17 years of age who
   42  are not enrolled in a career education program may shall not be
   43  gainfully employed during school hours.
   44         (3) Minors 15 17 years of age or younger may shall not be
   45  employed, permitted, or suffered to work in any gainful
   46  occupation for more than 6 consecutive days in any one week.
   47         (4) Minors 15 17 years of age or younger may shall not be
   48  employed, permitted, or suffered to work for more than 4 hours
   49  continuously without an interval of at least 30 minutes for a
   50  meal period; and for the purposes of this law, a no period of
   51  less than 30 minutes is not shall be deemed to interrupt a
   52  continuous period of work.
   53         (5) The provisions of Subsections (1)-(4) do shall not
   54  apply to:
   55         (a) Minors 16 and 17 years of age who have graduated from
   56  high school or received a high school equivalency diploma.
   57         (b) Minors who are within the compulsory school attendance
   58  age limit and who hold a valid certificate of exemption issued
   59  by the school superintendent or his or her designee pursuant to
   60  the provisions of s. 1003.21(3).
   61         (c) Minors enrolled in an a public educational institution
   62  who qualify on a hardship basis, such as economic necessity or
   63  family emergency. Such determination shall be made by The school
   64  superintendent or his or her designee shall make such
   65  determination and issue, and a waiver of hours shall be issued
   66  to the minor and the employer. The form and contents thereof
   67  shall be prescribed by the department.
   68         (d) Minors 16 and 17 years of age who are in a home
   69  education program or are enrolled in an approved virtual
   70  instruction program in which the minor is separated from the
   71  teacher by time only.
   72         (e) Minors Children in domestic service in private homes,
   73  minors children employed by their parents, or pages in the
   74  Florida Legislature.
   75         (6)The department may grant a waiver of the restrictions
   76  imposed by this section pursuant to s. 450.095.
   77         (7)(6) The presence of a any minor in any place of
   78  employment during working hours is shall be prima facie evidence
   79  of his or her employment therein.
   80         (8)An employer who requires, schedules, or otherwise
   81  causes a minor to be employed, permitted, or suffered to work in
   82  violation of this section commits a violation of the law,
   83  punishable as provided in s. 450.141.
   84         Section 2. This act shall take effect July 1, 2024.