2003 Handbook of Employment Regulations Affecting Florida Farm Employers and Workers: Child Labor [State]1
Purpose
Provides state standards for employment of children in agriculture.
Coverage
The Florida law is not applicable to minors working for their own parents during hours when public schools are not in session.
Minors ages sixteen and seventeen may not work during school hours unless
A high school graduate.
Holds a GED.
Enrolled in vocational school.
Outside the hours of 6:30 a.m. to 11:00 p.m. when school is scheduled the next day (does not apply during summer vacations and holidays).
More than six consecutive days in a week.
More than four consecutive hours without a 30-minute break.
Minors ages fourteen and fifteen may not work during school hours unless
All of the above rules are followed for minors ages sixteen and seventeen.
Work no more than three hours a day when school is scheduled for the following day, fifteen hours a week during school sessions (during holidays and summer vacations, the daily maximum is eight hours and the weekly maximum is forty hours).
Outside the hours of 7:00 a.m. to 7:00 p.m. when school is scheduled the following day (during holidays and summer vacations, these minors may work until 9:00 p.m.).
More than six consecutive days in a week.
More than four consecutive hours without a 30-minute break.
Hazardous Occupations
No minor under the age of eighteen may work
In or around toxic substances or corrosives, including pesticides or herbicides, unless proper field entry time allowances have been followed.
Operating or assisting in operating tractors over 20-PTO horsepower, forklifts, or any harvesting, planting, plowing, or other moving machinery.
Minors ages fourteen and fifteen may not work in the following occupations or use these equipment items
Power-driven machinery.
A motor vehicle (operator).
Oiling or cleaning machines.
In freezers or meat coolers.
Meat or vegetable slicers.
Farm tractors (except on family-operated farms under close supervision of farm operator if they have completed a training course).
Age Certificates
Florida requires proof of age on record for children under the age of eighteen which may be satisfied by:
Photocopy of child's birth certificate.
Photocopy of child's driver's license.
An age certificate issued by the school board of the district in which the child is employed.
Photocopy of passport or visa listing child's date of birth.
Posting of Notices
Any person who hires or employs minors shall post, at a conspicuous place on the property or place of employment where it can be easily read, a poster notifying minors of the Florida Child Labor Law. The poster can be obtained from the Florida Department of Business and Professional Regulation, Division of Professions, Farm and Child Labor Program, upon request.
Employers of minors are also reminded of the necessity to comply with the Child Labor provisions of the federal Fair Labor Standards Act. (See EDIS document FE391, Child Labor [Federal].)
Workers' Compensation
If an injured minor is employed contrary to the Florida Child Labor Law, double the compensation is payable by the employer, not the insurance carrier.
This double compensation penalty is inapplicable to minors working for their own parents during hours when public schools are not in session.
Enforcement
Penalties for violation of the Florida Child Labor Law can involve fines of up to $2,500 and/or a finding of guilty of a second-degree misdemeanor.
Responsible Agency
Area Office
Florida Department of Business and Professional Regulation
Division of Professions
Farm and Child Labor Program
Post Office Box 1698
Tallahassee, FL 3302-1698
(850) 488-3131 or
dial toll-free 1(800) 226-2536
http://www.state.fl.us/dbpr/pro/farm/index.shtml
Footnotes
This is EDIS document FE392, a publication of the Department of Food and Resource Economics, Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida, Gainesville, FL. Published July 2003. This information is included in Circular 1200, Handbook of Employment Regulations Affecting Florida Farm Employers and Workers. First published February 1992 as Circular 1043. Revised December 2002 as Circular 1200. Please visit the EDIS website at http://edis.ifas.ufl.edu.
Leo C. Polopolus, Professor Emeritus, Department of Food and Resource Economics, University of Florida, Gainesville, FL; Michael T. Olexa, Professor, Department of Food and Resource Economics, University of Florida, Gainesville, FL; Fritz Roka, Associate Professor, Department of Food and Resource Economics, Southwest Florida Research and Education Center, Immokalee, FL; and Carol Fountain, Assistant Editor, Department of Food and Resource Economics, University of Florida, Gainesville, FL; Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida, Gainesville, FL.
This document is designed to provide accurate, current, and authoritative information on the subject. However, since the laws, administrative rulings, and court decisions on which it is based are subject to constant revision, portions of this publication could become outdated at any time. This publication is distributed with the understanding that the authors are not engaged in rendering legal or other professional advice, and the information contained herein should not be regarded as a substitute for professional advice. For these reasons, the utilization of these materials by any person constitutes an agreement to hold harmless the authors, the Institute of Food and Agricultural Sciences, and the University of Florida for any liability claims, damages, or expenses that may be incurred by any person as a result of reference to or reliance on the information contained in this publication.
The Institute of Food and Agricultural Sciences (IFAS) is an Equal
Opportunity Institution authorized to provide research, educational
information and other services only to individuals and institutions
that function with non-discrimination with respect to race, creed,
color, religion, age, disability, sex, sexual orientation, marital
status, national origin, political opinions or affiliations.
For more information on obtaining other extension publications,
contact your county Cooperative Extension service.
U.S. Department of Agriculture, Cooperative Extension Service,
University of Florida, IFAS, Florida A. & M. University Cooperative
Extension Program, and Boards of County Commissioners Cooperating. Millie Ferrer, Interim Dean.
