Current through Reg. 50, No. 187; September 24, 2024
(1) General. Rule
61L-2.006, F.A.C., sets forth
the work conditions determined necessary by the Department to protect minor
employees in the entertainment industry. The requirements in this rule are
intended to ensure that minors are not employed under conditions that are
injurious or detrimental to their health, safety or education.
(2) Permit to Hire and Reporting Requirements
for Employers.
(a) Permit to Hire. Employers
of minors in the entertainment industry shall obtain a Permit to Hire prior to
employing any minor in Florida, or within 60 days of this rule's adoption for
productions already in progress. Application for a Permit to Hire shall be made
by submitting to the Department a completed Application For Permit To Hire,
Form DBPR FCL 1001 (Rev. 2/93), available as provided in Rule
61L-2.012, F.A.C. Failure to
complete any item in the application form, after being requested to do so, or
if the completed application form evinces work conditions that are hazardous or
detrimental to the health, morals, or education of the minor employees, shall
be grounds to deny the application. Permits shall be limited in duration to the
employer's schedule of production, or tour within the state of Florida, not to
exceed one (1) year.
(b) Reporting
Requirements. Employers of minors in the entertainment industry shall provide
the Department with information relative to each "shoot" or separate program of
a series as required in Section
450.132(5),
F.S. After each production, or upon completion of employment in Florida, the
employer shall submit to the Department a completed Final Report, Form DBPR FCL
1003, available as provided in Rule
61L-2.012, F.A.C. Failure to
submit such Final Report shall be grounds to deny any future application for
Permit to Hire.
(3)
Parental Notice and Authorization for Medical Care.
(a) Parental Notice of Terms and Conditions
of Employment. Employers of minors in the entertainment industry shall notify
the minor's parent(s), guardian, or chaperon, of the terms and conditions of
employment, including the activities required of the minor, the place and
duration of location work, and the names of the producer and stunt coordinator
(if applicable).
(b) Authorization
for Medical Care. Prior to the minor's beginning employment, the employer shall
obtain written authorization from the minor's parent(s), guardian, or chaperon,
to consent for medical treatment on behalf of the minor in case of an
emergency.
(4) Child
Labor Coordinator. The employer shall designate one (1) individual on each set
where minors are employed, or in each touring company which includes minor
employees, to act as Coordinator of Child Labor. The coordinator shall respond
to all communications from the Department regarding the employment of minor(s).
The employer shall provide the name of the coordinator(s) to the Department,
the minor, the minor's parent(s), guardian, and/or chaperon.
(5) Time Limitations.
(a) Work Day. The work day for a minor shall
begin no earlier than 7:00 a.m. and shall end no later than 11:30
p.m.
(b) Work Week. A minor shall
not be required or permitted to work more than six (6) consecutive
days.
(c) Work Hours, and Maximum
Hours at Place of Employment per Age Group. Working hours, and hours spent at
the place of employment may not exceed the following time limitations in a
twenty-four (24) hour period unless a Partial Waiver is granted by the
Department.
1. Minors Under Two (2) Years.
Employers of minors under two (2) years of age shall not require such minors to
remain at the place of employment for more than four (4) hours per day, subject
to the following limitations:
a. Minors Under
Six (6) Months. Minors under six (6) months of age shall not be exposed to
light of an intensity greater than one hundred (100') foot candlelight for more
than one (1) minute in every fifteen (15) minute period, and shall not be
required to work more than twenty (20) minutes per day.
b. Minors Six (6) Months to Under One (1)
Year. Minors six (6) months of age to under one (1) year of age shall not be
exposed to camera lights for more than two (2) minutes every fifteen (15)
minute period, and shall not be required to work more than two (2) hours per
day.
c. Minors One (1) to Under Two
(2) Years. Minors one (1) year of age to under two (2) years of age shall not
be required to work more than three (3) hours per day.
2. Minors Two (2) Years to Under Six (6)
Years. Minors two (2) years of age to under six (6) years of age shall not be
required to remain at the place of employment more than six (6) hours per day,
and shall not be required to work more than four (4) hours per day.
3. Minors Six (6) Years to Under Nine (9)
Years. Minors six (6) years of age to under nine (9) years of age shall not be
required to remain at the place of employment more than nine (9) hours per day,
and shall not be required to work more than six (6) hours per day.
4. Minors Nine (9) to Under Sixteen (16)
Years. Minors nine (9) years of age to under sixteen (16) years of age shall
not be required to remain at the place of employment more than ten (10) hours
per day, and shall not be required to work more than seven (7) hours per
day.
5. Minors Over Sixteen (16)
Years. Minors who have reached their sixteenth (16th) birthday shall not be
required to remain at the place of employment more than ten (10) hours per
day.
(d) Meal Periods.
All work hours are exclusive of the meal period. The work hours shall be
extended by a meal period not longer than one-half (1/2) hour.
(e) Rest Period After Dismissal. The employer
shall set the minor's dismissal on the last day of the minor's employment so
that the minor will have a twelve (12) hour rest period between the end of the
employment period and the minor's return to his or her regular school. For
example, a minor returning to his regular school at 8:30 a.m. shall be
dismissed from employment by 8:30 p.m. the previous evening.
(f) After-the-Fact Partial Waiver for
Emergency Extension of Work Hours. If unexpected, or emergency situations arise
which will result in violation of applicable work hours restrictions for a
minor, and prior application for Partial Waiver is not possible, the Department
shall grant an after-the-fact Partial Waiver for Emergency Extension of Work
Hours, provided the employer notifies the Department of the situation which
required the extended work hours on the next working day, and demonstrates that
the situation was resolved with the best interest of the minor in
mind.
(6) Sanctions. In
addition to the sanctions set out in Sections
450.141 and
450.151, F.S., any violation of
the Child Labor Law or these rules shall be grounds for assessing civil money
penalties pursuant to Section
450.141, F.S., or for denying,
suspending, or revoking any Permit to Hire or Partial Waiver pursuant to
Sections 450.095 and
450.132,
F.S.
Rulemaking Authority
450.121,
450.132 FS. Law Implemented
450.095,
450.132,
450.141
FS.
New 10-7-93, Formerly
38H-14.006.
