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Florida Administrative Code (Last Updated: June 27, 2024) |
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61. Department of Business and Professional Regulation |
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61L. Child and Farm Labor Program |
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61L-2. Child Labor Rule |
1(1) As provided in Section 6450.141, F.S., 8upon 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 seek assessment of the following schedule of fines.
109Violation
1101st Offense
1122nd Offense
1143rd and Subsequent
117Offenses
118Child Labor Poster not posted conspicuously
124Up to $500
127Up to $1000
130Up to $1500
133Employment of minor in violation of age limitations
141Up to $1000
144Up to $1500
147Up to $2500
150Proof of age or copy of Partial Waiver of Child Labor Law not on file
165Up to $700
168Up to $1200
171Up to $2000
174Employment of minor in violation of alcoholic beverage law
183Up to $1000
186Up to $1500
189Up to $2500
192Violation of work hours or consecutive days restrictions of the Child
203Labor Law or this rule chapter
209Up to $1000
212Up to $1500
215Up to $2500
218Employment of minor in prohibited hazardous occupation
225Up to $1500
228Up to $2000
231Up to $2500
234Employment of minor in violation of any provision of the Child Labor
246Up to $2500
249Up to $2500
252Up to $2500
255Law or this rule chapter which results in injury or death to minor
268Violation of proof of age and identity requirements for Adult Theaters
279Up to $1000
282Up to $2000
285Up to $2500
288Any other violation of the Child Labor Law or this rule chapter
300Up to $1000
303Up to $1500
306Up to $2500
309Failure to provide records or documentation upon request
317Up to $500
320Up to $1200
323Up to $2000
326(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:
363(a) Exposure of minor worker(s) to injury, either physical or economic;
374(b) The actual knowledge of the employer pertaining to the violation;
385(c) The deterrent effect of the penalty imposed;
393(d) The number of counts or separate offenses;
401(e) History of previous violations of the child labor law or the rules promulgated thereunder;
416(f) Attempts by the employer to correct or stop the violation or refusal by the employer to correct or stop the violation(s);
438(g) Remedial steps taken by the employer to avoid similar violations in the future;
452(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,
477(i) Any other relevant mitigating or aggravating factors under the circumstances.
488Rulemaking Authority 490450.141, 491455.2273 FS. 493Law Implemented 495450.141, 496455.2273 FS. 498History–New 10-7-93, Formerly 38H-14.009, Amended 6-30-15.
