The Division of Regulation, Child and Farm Labor Program has identified certain language within the rule which must be amended in order to clarify the rule. The Division has also determined that, pursuant to Section 450.121(5)(b), F.S., an ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Child and Farm Labor Program

RULE NO.:RULE TITLE:

61L-2.003Proof of Age and Removal of Disability of Nonage

PURPOSE AND EFFECT: The Division of Regulation, Child and Farm Labor Program has identified certain language within the rule which must be amended in order to clarify the rule. The Division has also determined that, pursuant to Section 450.121(5)(b), F.S., an additional acceptable form of identification should be included. The laws implemented are also updated.

SUMMARY: The Division of Regulation, Child and Farm Labor Program has identified certain language within the rule which must be amended in order to clarify the rule. The Division has also determined that, pursuant to Section 450.121(5)(b), F.S., an additional acceptable form of identification should be included. The laws implemented are also updated.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the economic review conducted by the agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 450.121 FS.

LAW IMPLEMENTED: 450.012(3), 450.012(4), 450.021(4), 450.045(1), 450.045(3), 450.061(3) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Chevonne Christian, Assistant General Counsel, Rules Division, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61L-2.003 Proof of Age and Removal of Disability of Nonage.

(1) Proof of Age. In addition to the acceptable forms of proof enumerated in subsection 450.045(1), F.S., age may also be established by a photocopy of the child’s identification card issued by the Florida Department of Highway Safety and Motor Vehicles or by a valid military identification card that shows the minor’s date of birth.

(2) Proof of Removal of Nonage Disability. Prior to employing any person who claims his or her disability of nonage has been removed by the occurrence of one of the events enumerated in subsections 450.012(3)(a)-(e), F.S., employers shall obtain require the employee to produce a certified copy of the document or record which establishes the claimed exemption. Employers shall obtain and maintain a copy of such document or record on file during the entire period of employment. Employers are reminded that subsection 450.021(4), F.S., Section 450.061, F.S., and Rule 61L-2.005, F.A.C., are applicable whether or not the employee’s disabilities of nonage have been removed.

Specific Authority 450.121 FS. Law Implemented 450.012(3), 450.012(4), 450.021(4), 450.045(1), 450.045(3), 450.061(3), 450.081 FS. History–New Formerly 38H-14.003.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Chevonne Christian, Assistant General Counsel, Rules Division, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399, [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 2/22/2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 3/9/2016