Current through Reg. 50, No. 187; September 24, 2024
(1) Generally.
Pursuant to Section 450.095, F.S., when it clearly
appears to be in the best interest of the child, based upon a case-by-case
review of the relevant facts, the Department, or school district designee if
the minor is enrolled in the public school system, shall grant a waiver of any
restriction imposed by the Child Labor Law, or by these rules. Application may
be made by the minor, his or her parent(s), guardians, or chaperone, or by
employers of minors. When determined to be in the best interest of the minor
the Department, or the school district designee shall issue a Partial Waiver
which shall specify the restriction(s) waived, and shall be valid for a period
specified on the Partial waiver, not to exceed one (1) year. Employers shall
keep a copy of any Partial Waiver granted in their file during the entire
period of employment for which the Partial Waiver is applicable.
(2) Application Requirements. Application for
a Partial Waiver shall be made by submitting to the Department a completed
Application for Waiver of Florida Child Labor Law, Form DBPR FCL 1002 (Rev.
2/93), available as provided in Rule
61L-2.012, F.A.C. Applications
must be filled out completely and must specify the provision or provisions of
the Child Labor Law or these rules from which the Partial Waiver is sought. The
applicant shall provide supportive factual information and documentation to
justify the Partial Waiver sought.
(3) Criteria for Justifying A Partial Waiver.
In determining whether to grant a Partial Waiver, the Department shall consider
all relevant information which may establish what is in the best interest of
the minor, including:
(a) School Status. The
Department, or school district designee, shall grant a Partial Waiver based on
school status when:
1. The minor will receive
instruction by a tutor at the place of employment;
2. The minor has been authorized by the
District School Superintendent to complete his or her education through
alternative methods such as home school;
3. The minor has been permanently expelled
from the public school system;
4.
The minor is enrolled in school in a foreign country and is visiting Florida
during his or her home country's non-school period; or
5. The employment would provide an
educational, vocational, or public service experience that would be beneficial
to the minor.
(b)
Documentation to justify a Partial Waiver based on school status shall consist
of written confirmation from the minor's school principal or the Superintendent
of the School District and of copies of school records clearly defining the
minor's school status.
(c)
Financial Hardship. The Department, or school district designee, shall grant a
Partial Waiver based on financial hardship when compliance with the Child Labor
Law or these rules will result in undue financial hardship for the minor or the
minor's immediate family. Documentation to justify a Partial Waiver based on
financial hardship shall consist of a notarized letter, explaining the
particular circumstances creating a hardship, from a parent, guardian, or other
adult, who knows and can attest to the minor's financial hardship; written
confirmation from a school recently attended; documentation from a social
service agency; or verification of participation in AFDC, Food Stamp, Project
Independence, or other similar programs. The Department may require other
documentation which proves financial hardship.
(d) Medical Hardship. The Department, or
school district designee, shall grant a Partial Waiver based on medical
hardship when compliance with the Child Labor Law or these rules will result in
physical or mental hardship for the minor. Documentation to justify a Partial
Waiver based on medical hardship may consist of written confirmation from the
minor's physician stating the specific medical reason(s) that require the minor
to be excused from mandatory school attendance and affirming that the minor to
be excused from mandatory school attendance may be allowed to work the
requested hours, or that the minor should be considered an adult for the
purpose of work hours.
(e) Other
Hardship. The Department, or school district designee, shall grant a Partial
Waiver based on other hardship when compliance with the Child Labor Law or
these rules will result in unreasonable hardship to the minor in specific
situations.
(f) Court Order. The
Department, or school district designee, shall grant a Partial Waiver based on
a court order when compliance with the Child Labor Law or these rules will
result in the minor violating an order issued by a court mandating that the
minor work specified hours or in a specified
occupation.
Rulemaking Authority
450.121 FS. Law Implemented
450.081,
450.095,
450.121
FS.
New 10-7-93, Formerly
38H-14.007.
