FL
Florida House Bill H0049

Florida 2024 Regular Session

Florida House Bill H0049 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14- 1
15-An act relating to employment; amending s. 450.081, 2
16-F.S.; removing certain employment restrictions for 3
17-minors 16 and 17 years of age; revising the age at 4
18-which certain employment restrictions apply; providing 5
19-for the waiver of a specified restriction by specified 6
20-persons; restricting the amount of continuous hours 7
21-certain minors may work without a break for a minimum 8
22-specified time period; providing applica bility; 9
23-authorizing the department to grant a waiver of the 10
24-restrictions imposed under the act; providing 11
25-penalties; making technical changes; providing an 12
26-effective date. 13
27- 14
28-Be It Enacted by the Legislature of the State of Florida: 15
29- 16
30- Section 1. Section 450.081, Florida Statutes, is amended 17
31-to read: 18
32- 450.081 Hours of work in certain occupations. — 19
33- (1)(a) Minors 15 years of age or younger may shall not be 20
34-employed, permitted, or suffered to work : 21
35- 1. Before 7 a.m. or after 7 p.m. when school is sched uled 22
36-the following day. Or 23
37- 2. For more than 15 hours in any one week when school is 24
38-in session. 25
39-ENROLLED
40-CS/CS/HB 49, Engrossed 1 2024 Legislature
14+A bill to be entitled 1
15+An act relating to employment and curfew of minors; 2
16+amending s. 450.081, F.S.; revising certain employment 3
17+restrictions for minors 16 and 17 years of age; 4
18+revising the age at which certain employment 5
19+restrictions apply; amending s. 877.25, F.S.; 6
20+requiring a curfew adopted by county or municipal 7
21+ordinance to include certain exceptions; providing an 8
22+effective date. 9
23+ 10
24+Be It Enacted by the Legislature of the State of Florida: 11
25+ 12
26+ Section 1. Section 450.081, Florida Statutes, is amended 13
27+to read: 14
28+ 450.081 Hours of work in certain occupations. — 15
29+ (1)(a) Minors 15 years of age or younger may shall not be 16
30+employed, permitted, or suffered to work before 7 a.m. or after 17
31+7 p.m. when school is scheduled the following day or for more 18
32+than 15 hours in any one week. On any school day, minors 15 19
33+years of age or younger who are not enrolled in a career 20
34+education program may shall not be gainfully employed for more 21
35+than 3 hours, unless there is no session of school the following 22
36+day. 23
37+ (b) During holidays and summer vacations, minors 15 years 24
38+of age or younger may shall not be employed, permitted, or 25
39+
40+CS/CS/HB 49 2024
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51- (b) On any school day, minors 15 years of age or younger 26
52-who are not enrolled in a career education program may shall not 27
53-be gainfully employed for more tha n 3 hours, unless there is no 28
54-session of school the following day. 29
55- (c)(b) During holidays and summer vacations, minors 15 30
56-years of age or younger may shall not be employed, permitted, or 31
57-suffered to work before 7 a.m. or after 9 p.m., for more than 8 32
58-hours in any one day, or for more than 40 hours in any one week. 33
59- (2)(a) Minors 16 and 17 years of age may shall not be 34
60-employed, permitted, or suffered to work : 35
61- 1. Before 6:30 a.m. or after 11 p.m. 11:00 p.m. when 36
62-school is scheduled the following day. or 37
63- 2. For more than 8 hours in any one day when school is 38
64-scheduled the following day , except when the day of work is on a 39
65-holiday or Sunday. 40
66- 3. For more than 30 hours in any one week when school is 41
67-in session, minors 16 and 17 years of age shall not wor k more 42
68-than 30 hours in any one week . However, a minor's parent or 43
69-custodian, or the school superintendent or his or her designee, 44
70-may waive the limitation imposed in this subparagraph on a form 45
71-prescribed by the department and provided to the minor's 46
72-employer. 47
73- (b) On any school day, minors 16 and 17 years of age who 48
74-are not enrolled in a career education program may shall not be 49
75-gainfully employed during school hours. 50
76-ENROLLED
77-CS/CS/HB 49, Engrossed 1 2024 Legislature
51+suffered to work before 7 a.m. or after 9 p.m., for more than 8 26
52+hours in any one day, or for more than 40 hours in any one week. 27
53+ (2) Minors 16 and 17 years of age may shall not be 28
54+employed, permitted, or suffered to work before 6:00 6:30 a.m. 29
55+or after 11:00 p.m. or for more than 8 hours in any one day when 30
56+school is scheduled t he following day. When school is in 31
57+session, minors 16 and 17 years of age shall not work more than 32
58+30 hours in any one week. On any school day, minors 16 and 17 33
59+years of age who are not enrolled in a career education program 34
60+may shall not be gainfully emp loyed during school hours unless 35
61+the minor is in a home education program, is enrolled in an 36
62+approved virtual instruction program, or the student no longer 37
63+attends school pursuant to s. 1003.21 . 38
64+ (3) Minors 15 17 years of age or younger may shall not be 39
65+employed, permitted, or suffered to work in any gainful 40
66+occupation for more than 6 consecutive days in any one week. 41
67+ (4) Minors 15 17 years of age or younger may shall not be 42
68+employed, permitted, or suffered to work for more than 4 hours 43
69+continuously without an interval of at least 30 minutes for a 44
70+meal period; and for the purposes of this law, a no period of 45
71+less than 30 minutes is not shall be deemed to interrupt a 46
72+continuous period of work. Minors 16 or 17 years of age must be 47
73+granted breaks and meal pe riods in the same manner as similarly 48
74+permitted for employees who are 18 years of age or older. 49
75+ (5) The provisions of Subsections (1)-(4) do shall not 50
76+
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88- (3) Minors 15 17 years of age or younger may shall not be 51
89-employed, permitted, or suffered to work in any gainful 52
90-occupation for more than 6 consecutive days in any one week. 53
91- (4) Minors 15 17 years of age or younger may shall not be 54
92-employed, permitted, or suffered to work for more than 4 hours 55
93-continuously without an interval of at least 30 minutes for a 56
94-meal period; and for the purposes of this law, a no period of 57
95-less than 30 minutes is not shall be deemed to interrupt a 58
96-continuous period of work. Minors 16 and 17 years of age who are 59
97-employed, permitted, or suffered to work for 8 hours or more in 60
98-any one day as authorized by this section may not be employed, 61
99-permitted, or suffered to work for more than 4 hours 62
100-continuously without an interval of at least 30 minutes for a 63
101-meal period. 64
102- (5) The provisions of Subsections (1)-(4) do shall not 65
103-apply to: 66
104- (a) Minors 16 and 17 years of age who have graduated from 67
105-high school or received a high school equivalency diploma. 68
106- (b) Minors who are within the compulsory school attendance 69
107-age limit and who hold a valid cer tificate of exemption issued 70
108-by the school superintendent or his or her designee pursuant to 71
109-the provisions of s. 1003.21(3). 72
110- (c) Minors enrolled in an a public educational institution 73
111-who qualify on a hardship basis , such as economic necessity or 74
112-family emergency. Such determination shall be made by The school 75
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114-CS/CS/HB 49, Engrossed 1 2024 Legislature
88+apply to: 51
89+ (a) Minors 16 and 17 years of age who have graduated from 52
90+high school or received a high sc hool equivalency diploma. 53
91+ (b) Minors who are within the compulsory school attendance 54
92+age limit who hold a valid certificate of exemption issued by 55
93+the school superintendent or his or her designee pursuant to the 56
94+provisions of s. 1003.21(3). 57
95+ (c) Minors enrolled in a public educational institution 58
96+who qualify on a hardship basis such as economic necessity or 59
97+family emergency. Such determination shall be made by The school 60
98+superintendent or his or her designee shall make such 61
99+determination and issue , and a waiver of hours shall be issued 62
100+to the minor and the employer. The form and contents thereof 63
101+shall be prescribed by the department. 64
102+ (d) Minors Children in domestic service in private homes, 65
103+minors children employed by their parents, or pages in the 66
104+Florida Legislature. 67
105+ (6) The presence of a any minor in any place of employment 68
106+during working hours is shall be prima facie evidence of his or 69
107+her employment therein. 70
108+ (7) Minors 16 and 17 years of age may be employed, 71
109+permitted, or suffered to work the same number of hours as a 72
110+person who is 18 years of age or older. 73
111+ Section 2. Section 877.25, Florida Statutes, is amended to 74
112+read: 75
113+
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125-superintendent or his or her designee shall make such 76
126-determination and issue , and a waiver of hours shall be issued 77
127-to the minor and the employer. The form and contents thereof 78
128-shall be prescribed by the department. 79
129- (d) Minors 16 and 17 years of age who are in a home 80
130-education program or are enrolled in an approved virtual 81
131-instruction program in which the minor is separated from the 82
132-teacher by time only. 83
133- (e) Minors Children in domestic service in private homes, 84
134-minors children employed by their parents, or pages in the 85
135-Florida Legislature. 86
136- (6) The department may grant a waiver of the restrictions 87
137-imposed by this section pursuant to s. 450.095. 88
138- (7)(6) The presence of a any minor in any place of 89
139-employment during working hours is shall be prima facie evidence 90
140-of his or her employment therein. 91
141- (8) An employer who requires, schedules, or otherwise 92
142-causes a minor to be employed, permitted, or suffered to work in 93
143-violation of this section commits a violation of the law, 94
144-punishable as provided in s. 450.141. 95
145- Section 2. This act shall take effect July 1, 2024. 96
125+ 877.25 Local ordinance required; effect. —Sections 877.20-76
126+877.24 do not apply in a co unty or municipality unless the 77
127+governing body of the county or municipality adopts an ordinance 78
128+that incorporates by reference the provisions of ss. 877.20-79
129+877.24. Sections 877.20 -877.24 do not preclude county or 80
130+municipal ordinances regulating the presen ce of minors, as 81
131+defined in s. 450.012(3), in public places and establishments 82
132+which provide restrictions more stringent or less stringent than 83
133+the curfew imposed under s. 877.22. However, a curfew adopted by 84
134+a county or municipal ordinance must also inclu de the exceptions 85
135+contained in s. 877.24. 86
136+ Section 3. This act shall take effect July 1, 2024. 87