61L-2.007. Partial Waivers

(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. History–New 10-7-93, Formerly 38H-14.007.