The purpose and effect of the proposed rule is to modify the disciplinary guidelines used by the Department in determining the penalty for employers who are found in violation of the applicable statutes or rules.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

RULE NO.:RULE TITLE:

61L-2.009Employment in Violation of Law or Rules.

PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to modify the disciplinary guidelines used by the Department in determining the penalty for employers who are found in violation of the applicable statutes or rules.

SUMMARY: This amendment modifies the disciplinary guidelines used by the Department in determining the penalty for employers who are found in violation of the applicable statutes or rules.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule 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 the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 450.141 FS.

LAW IMPLEMENTED: 450.141 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: Jamie E. Royal, Assistant General Counsel, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61L-2.009 Employment in Violation of Law or Rules.

(1) As provided in Section 450.141, F.S., upon discovery by the Department that an employer is in violation of any provision(s) of the Child Labor Law or these rules, the Department shall give written notice to the employer. Such Notice of Warning shall specify the statutory provision, and/or the rule(s) alleged to be violated, the facts alleged to constitute such violation, and the requirements and time limitations for remedial action. If the employer refuses or fails to comply with the requirements and time limitations for remedial action specified in the Summary of Violations and Notice of Warning, the Department may shall seek assessment of the following schedule of Civil Money fines

Penalties:
Violation	1st Offense	2nd Offense	3rd and Subsequent Offenses
Child Labor Poster not posted conspicuously	Up to $500	Up to $1000	Up to $1500
Employment of minor in violation of age limitations	Up to $1000 $700	Up to $1500	Up to $2500
Proof of age or copy of Partial Waiver of Child Labor Law not on file	Up to $700	Up to $1200	Up to $2000
Employment of minor in violation of alcoholic beverage law	Up to $1000	Up to$1500	Up to $2500
Violation of work hours or consecutive days restrictions of the Child Labor Law or this rule chapter	Up to $1000 $700	Up to $1500 $1200	Up to $2500
Employment of minor in prohibited hazardous occupation	Up to $1500 $1200	Up to $2000 $1700	Up to $2500
Employment of minor in violation of any provision of the Child Labor Law or this rule chapter which results in injury or death to a minor	Up to $2500 $500	Up to $2500	Up to $2500
Violation of proof of age and identity requirements for Adult Theaters   Any other violation of the Child Labor Law or this rule chapter	Up to $1000     Up to $1000 $500	Up to $2000     Up to $1500	Up to $2500     Up to $2500
Failure to provide records or documentation upon request	Up to $500	Up to $1200	Up to $2000

(2) Aggravating and Mitigating Circumstances. Based upon consideration of aggravating and mitigating factors present in each case, the Department may deviate from the penalty guidelines above. The Department shall consider as aggravating or mitigating factors the following:

(a) Exposure of minor worker(s) to injury, either physical or economic;

(b) The actual knowledge of the employer pertaining to the violation;

(c) The deterrent effect of the penalty imposed,

(d) The number of counts or separate offenses;

(e) History of previous violations of the child labor law or the rules promulgated thereunder;

(f) Attempts by the employer to correct or stop the violation or refusal by the employer to correct or stop the violation(s);

(g) Remedial steps taken by the employer to avoid similar violations in the future;

(h) Whether the employer or supervising employees have completed a child labor training course or instituted a training program relevant to the violations charged; and

(i) Any other relevant mitigating or aggravating factors under the circumstances.

Rulemaking Authority 450.141 450.121 FS. Law Implemented 450.141 FS. History–New 10-7-93, Formerly 38H-14.009, Amended____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: LeChea C. Parson-Underwood, Chief Attorney, Child and Farm Labor Program, Department of Business and Professional Regulation

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 30, 2015

DATE THE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 11, 2015