HB 237

1
A bill to be entitled
2An act relating to employment of children by the
3entertainment industry; amending s. 450.132, F.S.;
4defining terms; providing requirements for the
5employment of children in the entertainment industry;
6providing responsibilities of employers and parents or
7legal guardians of such children; requiring a
8preauthorization certificate for each child; providing
9duties of the Division of Regulation within the
10Department of Business and Professional Regulation;
11providing limitations on the working hours of child
12performers; providing certification requirements and
13duties of teachers and trainers of child performers;
14requiring a trust account for certain children
15employed in the entertainment industry; providing
16safety requirements for child performers; providing
17criteria for wage claims; providing requirements for
18resolving such claims; providing grounds under which
19the division may refuse to issue or renew a
20preauthorization certificate and procedures for
21challenging such a determination; reenacting ss.
22450.021(1)(b) and 562.13(2)(b), F.S., relating to the
23employment of minors in this state, to incorporate the
24amendments made to s. 450.132, F.S., in references
25thereto; providing an effective date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  Section 450.132, Florida Statutes, is amended
30to read:
31(Substantial rewording of section. See
32s. 450.132, F.S., for present text.)
33     450.132  Employment of children by the entertainment
34industry; rules; procedures; trust accounts.-
35     (1)  DEFINITIONS.-As used in this section, the term:
36     (a)  "Certified teacher" means any person who holds a valid
37and current Florida teaching certificate issued by the
38Department of Education or its equivalent issued by any state,
39territory, possession, or other jurisdiction of the United
40States.
41     (b)  "Child" or "minor" has the same meaning as in s.
42450.012.
43     (c)  "Child performer" means a child employed to act or
44otherwise participate in the performing arts, including, but not
45limited to, motion pictures, theatrical performances, or radio
46or television broadcasts.
47     (d)  "Division" means the Division of Regulation within the
48Department of Business and Professional Regulation.
49     (e)  "Employ" includes suffer or permit to work.
50     (f)  "Employee" means a person whose work is controlled by
51an employer as to how and when to perform the task.
52     (g)  "Entertainment industry" has the same meaning as in s.
53450.012.
54     (h)  "Hazardous condition" means, but is not limited to,
55special effects that could potentially be physically dangerous
56to the child performer.
57     (i)  "Legal guardian" means a person appointed as a
58guardian by a court.
59     (j)  "Place of employment," including the "movie set,"
60"worksite," "set," and "location," means the actual location in
61this state where a person provides his or her services, whether
62paid or unpaid, as a performer.
63     (k)  "Safety" means the condition of being protected from
64any situation that is detrimental to the child's health and
65well-being.
66     (l)  "Wage claim" means a document signed by the attorney
67for a child performer giving the Department of Economic
68Opportunity authority to investigate a complaint of unpaid
69wages.
70     (m)  "Wages" means all amounts at which the labor or
71service rendered is paid, whether the amount is fixed or on a
72time, task, piece, or commission basis.
73     (2)  EMPLOYMENT OF CHILDREN IN THE ENTERTAINMENT INDUSTRY.-
74     (a)  Any person who employs a child performer in the
75entertainment industry must obtain a preauthorization
76certificate issued by the division before the start of work. The
77preauthorization certificate must include the project name; the
78estimated dates and length of the project; the employer's name
79and Florida address; contact information for at least three
80individuals, including names, addresses, and telephone numbers;
81and the child performer's information, including name, address,
82date of birth, where the child is registered to attend school,
83grade level of the child, special educational needs, anticipated
84length of employment on the project, nature of work on the
85project, and a list of any possible exposure to potentially
86hazardous materials or substances. A signature is required from
87the employer certifying compliance with all requirements of the
88preauthorization certificate.
89     (b)  A preauthorization certificate for a child performer
90may be issued only by the division.
91     (c)1.  Before issuing a preauthorization certificate, the
92employer shall provide to the division a certificate of teaching
93compliance for each certified teacher employed to teach the
94child performer. The certificate of teaching compliance must
95state the certified teacher's appropriate teaching credentials
96to teach grade levels kindergarten through 12 or to teach the
97level of education required for the child performer at the place
98of employment.
99     2.  The employer must provide to the division a written
100criminal history check on all certified teachers on the movie
101set or at the place of employment. It is the responsibility of
102the employer, parent, legal guardian, and certified teacher to
103report any arrest or conviction record and any other information
104that may present a possible danger to the health, safety, or
105well-being of the child performer.
106     (d)  It is the responsibility of the employer to obtain a
107child performer preauthorization certificate before the
108employment begins. The employer must be able to provide a copy
109at the worksite when requested to do so. The division shall
110retain a copy of the preauthorization certificate.
111     (e)  The child performer preauthorization certificate is
112valid for 1 year after the date it is issued or until the
113specific project for which the child is employed by the employer
114ceases, whichever occurs first.
115     (f)  A signature is required from the child performer if
116the child is 14 years of age or older.
117     (g)  A preauthorization certificate may not be given or
118issued without the signature of a parent or legal guardian
119indicating his or her permission for his or her child to work on
120a specific project. A parent or legal guardian must be within
121eyesight and earshot of the child performer at all times other
122than the time periods in which the child is with a certified
123teacher when the teacher is teaching school.
124     (h)  The parent or legal guardian of the child performer
125may contact the division to renew the preauthorization
126certificate 30 days before its expiration.
127     (i)1.  It is the responsibility of the employer to provide
128a certified trainer or technician accredited in a United States
129Department of Labor occupational safety and health administered
130and certified safety program at the place of employment at all
131times when a child performer may be exposed to a potentially
132hazardous condition.
133     2.  The employer must provide to the division a written
134criminal history check on all certified trainers and technicians
135on the movie set. It is the responsibility of the employer,
136parent, legal guardian, and certified trainer or technician to
137report any arrest or conviction record and any other information
138that may present a possible danger to the health, safety, or
139well-being of the child performer.
140     (3)  LIMITATIONS ON CHILD PERFORMERS' WORKING HOURS,
141INCLUDING SCHOOL TIME.-
142     (a)  All child performers who are at least 6 years of age
143but younger than 18 years of age must be provided with a
144certified teacher for each group of 10 or fewer child performers
145when school is in session.
146     (b)  A child performer may not begin work before 5 a.m. or
147continue work after 10 p.m. on evenings preceding a school day.
148A child performer may not work later than midnight on a day
149preceding a nonschool day. The time that a child performer may
150be permitted at the place of employment may be extended by one-
151half hour for a meal period.
152     (c)1.  An infant who is at least 15 days of age but younger
153than 7 months of age may not be employed as a child performer
154unless a physician, who is a board-certified pediatrician,
155provides a written certification that the infant is physically
156capable of handling the stress of filmmaking. With the
157physician's approval, the infant performer may be at the place
158of employment a maximum of 2 hours and may not work more than 20
159minutes. Infants may work up to 2 cumulative hours in any 24-
160hour period.
161     2.  A child performer who is at least 7 months of age but
162younger than 3 years of age may be at the place of employment
163for up to 4 hours and may work up to 2 hours. The remaining time
164must be reserved for the child performer's rest and recreation.
165     3.  A child performer who is at least 3 years of age but
166younger than 6 years of age may be at the place of employment
167for up to 6 hours and may work up to 3 hours. The remaining time
168must be reserved for the child performer's rest and recreation.
169     (d)1.  When school is in session, each child performer who
170is at least 6 years of age but younger than 9 years of age may
171be at the place of employment for up to 8 hours: the sum of 4
172hours of work, 3 hours of school, and 1 hour of rest and
173recreation. If school is not in session, work time may be
174increased up to 6 hours, with the remaining time reserved for
175the child performer's rest and recreation.
176     2.  When school is in session, each child performer who is
177at least 9 years of age but younger than 16 years of age may be
178at the place of employment for up to 9 hours: the sum of 5 hours
179of work, 3 hours of school, and 1 hour of rest and recreation.
180If school is not in session, work time may be increased up to 7
181hours, with the remaining time reserved for the child
182performer's rest and recreation.
183     3.  If school is in session, a child performer who is at
184least 16 years of age but younger than 18 years of age may be at
185the place of employment for up to 10 hours: the sum of 6 hours
186of work, 3 hours of school, and 1 hour of rest and recreation.
187If school is not in session, work time may be increased up to 8
188hours, with the remaining time reserved for the child
189performer's rest and recreation.
190     (e)  In exceptional circumstances due to unusual
191performance requirements, the division may grant a temporary
192waiver of the mandatory hours and start-to-finish times. The
193waiver must be granted before the performance of the work that
194is the subject of the waiver. The division may grant a waiver
195only under the following circumstances:
196     1.  Written notification is provided which includes a list
197of specific dates and times that the child performer shall be
198employed or present at the place of employment.
199     2.  Written acknowledgement is provided that the child
200performer's parent or legal guardian has been fully informed of
201the circumstances and has granted advance consent.
202     (f)  The child performer must be provided with a 12-hour
203rest and recreation break at the end of each workday.
204     (g)  All time spent traveling from a studio to a location
205or from a location to a studio counts as part of the child
206performer's workday. When a child performer is with a company on
207a location that is sufficiently distant and requires an
208overnight stay, and the child performer is required to travel
209daily between the living quarters and the place where the
210company is actually working, the time the child performer spends
211traveling does not count as work time, provided the company does
212not spend more than 45 minutes traveling each way and furnishes
213the necessary transportation.
214     (4)  CERTIFICATION AND DUTIES OF CERTIFIED TEACHERS.-
215     (a)  A certified teacher of a child performer who attends a
216public school must possess a valid and current teaching
217certificate issued by the Department of Education. A certified
218teacher of a child performer who attends a private school or of
219a nonresident child performer must possess a valid and current
220teaching certificate from another state, territory, possession,
221or other jurisdiction of the United States to teach grade levels
222kindergarten through 12 or to teach the level of education
223required for the child performer at the place of employment.
224     (b)  A certified teacher has, in addition to teaching and
225in conjunction with the parent or legal guardian, the
226responsibility of monitoring and protecting the health, safety,
227and well-being of each child performer who the teacher has been
228hired to teach during the time that the teacher is required to
229be present.
230     (c)  The certified teacher, parent, or legal guardian may
231refuse to allow the engagement of the child performer at the
232place of employment. Any party may report to the division
233conditions threatening the health, safety, or well-being of the
234child performer. It is the ultimate responsibility of the parent
235or legal guardian to ensure that the safety, health, and well-
236being of the child performer are being protected. A certified
237teacher shall be present during the time reserved for school,
238except that a child performer younger than 16 years of age does
239not require the presence of a certified teacher for up to 1 hour
240for wardrobe, makeup, hairdressing, promotional publicity,
241personal appearances, or audio recording if these activities are
242not located on the actual site of filming or at the theatre or
243if school is not in session, and if the parent or legal guardian
244is present within earshot or eyesight of the child performer.
245     (5)  TRUST ACCOUNT FOR CHILD PERFORMERS.-
246     (a)  Each time a child performer is employed in the
247entertainment industry in this state under a contract in an
248amount equal to or greater than $1,000, a trust account shall be
249created for the child performer.
250     (b)  The parent, legal guardian, or trustee is responsible
251for establishing a trust account for the child performer in the
252child performer's state of residence for the sole benefit of the
253child performer within 7 business days after the child
254performer's employment contract is signed. The child performer
255shall not have access to the trust account until the child
256performer is 18 years of age or becomes legally emancipated.
257     (c)  The parent, legal guardian, or trustee shall provide
258the employer with a trustee statement within 15 days after the
259start of employment. Upon receiving the trustee statement, the
260employer shall provide the parent, legal guardian, or trustee
261with a written acknowledgement of receipt.
262     (d)  If the trustee statement is not provided to the
263employer within 90 days after the start of employment, the
264employer shall refer the matter to the circuit court. The
265circuit court shall have continuing jurisdiction over the trust
266account.
267     (e)  The employer shall deposit not less than 15 percent of
268the child performer's gross earnings directly into the child
269performer's trust account within 15 business days after the
270child performer has performed. If the account is not
271established, the employer shall withhold 15 percent of the gross
272income until a trust account is established or until the court
273orders otherwise. After the employer deposits 15 percent of the
274gross earnings in the trust account, the employer shall have no
275further obligation to monitor the funds.
276     (f)  After the funds are deposited in the trust account,
277only the trustee is obligated to monitor and account for the
278funds.
279     (6)  SAFETY REQUIREMENTS FOR CHILD PERFORMERS.-
280     (a)  A dressing room may not be occupied simultaneously by
281a child performer and an adult performer or by children of the
282opposite sex.
283     (b)  It is the responsibility of the employer to provide a
284safe, secure shelter for child performers 17 years of age or
285younger to rest when required to be at the place of employment
286during nonperformance times.
287     (c)  An employer may not cause, induce, entice, or permit a
288child performer to engage in or be used for sexually exploitive
289material for the purpose of producing a performance. A child
290performer may not be depicted in any media as appearing to
291participate in a sex act.
292     (7)  WAGE CLAIMS.-
293     (a)  A determination of which child performer may have an
294attorney appointed in order to assist the child performer in
295filing a wage claim shall be based on the child performer's
296earnings. A child performer earning less than one and one-half
297times the state's average weekly wages, as determined by the
298division, shall be considered financially unable to employ an
299attorney.
300     (b)  Wage claim forms must be completed in duplicate,
301signed, and notarized.
302     (c)  The division shall notify the affected employer of any
303wage claim filed against him or her and allow at least 10 days
304for the employer to file a written response. If the employer
305disputes the claim, his or her written response shall be given
306to the child performer's attorney, who shall be allowed 10 days
307in which to rebut the claim in writing.
308     (d)  The division may schedule an administrative hearing
309if, in its judgment, it would facilitate resolution of the
310complaint. The conduct of the hearing is not governed by the
311Administrative Procedures Act, but rather by procedures
312established by the division.
313     (e)  The division may issue a subpoena duces tecum to
314compel the production of records it believes are necessary for
315the resolution of the complaint.
316     (f)  The division may issue written findings whenever it
317has sufficient evidence upon which to base its determination.
318     (g)  The division may accept a notarized acknowledgment of
319indebtedness from the employer if the division believes it is
320the best way to resolve the complaint.
321     (h)  The division may file complaints in any court in the
322state in order to resolve wage disputes or correct violations
323arising under this section.
324     (i)  The division shall obtain a written assignment form
325signed by the child performer or his or her attorney and
326notarized before initiating any legal action in any court of any
327jurisdiction after a thorough investigation and determination
328that the claim is valid.
329     (j)  The division may file a proof of claim on behalf of
330any child performer in any United States bankruptcy court if a
331child performer files a wage claim and if, in the division's
332judgment, it is appropriate for the resolution of the claim.
333     (8)  NONISSUANCE OR NONRENEWAL OF PREAUTHORIZATION
334CERTIFICATE; REDETERMINATION REQUEST AND PROCEDURES.-
335     (a)  The division director may, for cause, refuse to issue
336or renew a preauthorization certificate to any project that has
337violated any provision of this section within a 2-year period.
338     (b)  The director shall notify the employer within 10 days
339after the date the employer requests the issuance or renewal of
340a preauthorization certificate of the director's refusal to
341issue or renew such certificate.
342     (c)  Any affected party may request a reconsideration of
343the director's actions, in writing, within 10 days.
344     (d)  The director may schedule an administrative hearing
345if, in his or her judgment, it would facilitate resolution of
346the complaint. The conduct of the hearing is not governed by the
347Administrative Procedures Act, but rather by procedures
348established by the division.
349     (e)  The director may issue a subpoena duces tecum to
350compel the production of records he or she believes are
351necessary for the resolution of the complaint.
352     (f)  The director may issue written findings whenever he or
353she has sufficient evidence upon which to base his or her
354determination.
355     Section 2.  For the purpose of incorporating the amendment
356made by this act to section 450.132, Florida Statutes, in a
357reference thereto, paragraph (b) of subsection (1) of section
358450.021, Florida Statutes, is reenacted to read:
359     450.021  Minimum age; general.-
360     (1)  Minors of any age may be employed:
361     (b)  By the entertainment industry as prescribed in ss.
362450.012 and 450.132.
363     Section 3.  For the purpose of incorporating the amendment
364made by this act to section 450.132, Florida Statutes, in a
365reference thereto, paragraph (b) of subsection (2) of section
366562.13, Florida Statutes, is reenacted to read:
367     562.13  Employment of minors or certain other persons by
368certain vendors prohibited; exceptions.-
369     (2)  This section shall not apply to:
370     (b)  Minors employed in the entertainment industry, as
371defined by s. 450.012(5), who have either been granted a waiver
372under s. 450.095 or employed under the terms of s. 450.132 or
373under rules adopted pursuant to either of these sections.
374
375However, a minor to whom this subsection otherwise applies may
376not be employed if the employment, whether as a professional
377entertainer or otherwise, involves nudity, as defined in s.
378847.001, on the part of the minor and such nudity is intended as
379a form of adult entertainment.
380     Section 4.  This act shall take effect July 1, 2012.


CODING: Words stricken are deletions; words underlined are additions.