Florida child labor laws allow youth of any age to work in the entertainment industry subject to several restrictions and limitations. Qualifying work in the entertainment industry includes work in:
- the production of motion pictures
- legitimate plays
- television shows
- still photography
- recording performances
- publicity performances
- musical performances
- live performances
- circuses
- rodeos
Youth may perform work in these various productions so long as the work is not determined to be hazardous, or detrimental to their health, morals, education, or welfare. The restriction and limitations on child labor in the entertainment industry are discussed below.
Time limitations
Florida child labor laws set limitations on the hours in a day and a week youth may work for entertainment industry employers, some of which are age specific. No youth may work for an entertainment industry employer before 7:00 a.m. or after 11:30 p.m. Additionally, no youth may be required to work for more than six (6) consecutive days. The following age-specific limitations also apply:
- Minors under two (2) years old
- Entertainment industry employers may only employ youth under two (2) years of age for up to four (4) hours per day subject to the following age-specific limitations:
- minors under six (6) months old may not work for more than 20 minutes per day and may not be exposed to light with an intensity greater than 100 foot candlelight for more than one (1) minute every 15 minute period
- minors six (6) months up to one (1) year old may not work for more than two (2) hours per day and may not be exposed to camera lights for more than two (2) minutes every 15 minute period
- minors who one (1) year to under two (2) years old may not work for more than 3 hours per day
- Entertainment industry employers may only employ youth under two (2) years of age for up to four (4) hours per day subject to the following age-specific limitations:
- Minors two (2) to five (5) years old
- Entertainment industry employers may only employ youth ages two (2) to five (5) for up to four (4) hours per day and many only require youth ages two (2) to five (5) to remain at the place of employment for up to six (6) hours per day.
- Minors 6 to 8 years old
- Entertainment industry employers may only employ youth ages six (6) to eight (8) for up to six (6) hours per day and many only require youth ages six (6) to eight (8) to remain at the place of employment for up to nine (9) hours per day.
- Minors 9 to 15 years old
- Entertainment industry employers may only employ youth ages nine (9) to 15 for up to seven (7) hours per day and many only require youth ages nine (9) to 15 to remain at the place of employment for up to 10 hours per day.
- Minors 16 to 17 years old
- Entertainment industry employers may only employ youth ages nine (9) to 15 for up to ten (10) hours per day and many only require youth ages nine (9) to 15 to remain at the place of employment for up to ten (10) hours per day.
Meal periods
Florida child labor laws require entertainment industry employer to provide youth under 18 years of age a meal break of at least 1/2 hour. The meal period, up to 1/2 hour, does not count towards the daily hour limit applicable to a youth employee. FL Admin. Code 61L-2.006(5)(d)
Rest period after the end of employment
Entertainment industry employers must assure that youth employees have a rest period of at least 12 hours between the time the youth’s employment with the employer ends and the time the youth must return to regular school. FL Admin. Code 61L-2.006(5)(e)
After-the-fact partial waiver for emergency extension of work hours
In certain unexpected or emergency situations, Florida child labor laws permit entertainment industry employers to obtain an after-the-fact partial waiver of daily hour limitations for a youth employee who works more that the permissible number of hours in a workday. To receive the after-the-fact partial waiver, the entertainment industry employer must notify the Child Labor Section of Florida Department of Business & Professional Regulation of the situation which required the extended work hours on the next working day and demonstrate that the situation was resolved with the best interest of the minor in mind. FL Admin. Code 61L-2.006(5)(f)
Permit to Hire
Under Florida’s child labor laws, employers in the entertainment industry must obtain a Permit to Hire prior to employing any minor. A Permit to Hire may be obtain by filing an application with the Child Labor Section of Florida Department of Business & Professional Regulation. Permits to Hire are valid for the time the production is schedule to take place within the state of Florida, not to exceed 1 year. FL Statute 450.132(3); FL Admin. Code 61L-2.006(2)(a)
Reporting requirements
After receiving a permit to hire youth, entertainment industry employers in Florida are required to provide the Child Labor Section of Florida Department of Business & Professional Regulation with information relative to each “shoot” or separate program of a series including:
- the date work began
- the number of days worked
- the location of the work
- the date the work ended
FL Statute 450.132(5); FL Admin. Code 61L-2.006(2)(b)
Parental notice and authorization for medical care
Entertainment industry employers in Florida must notify the parents, guardian, or chaperon of any youth they employ of the terms and conditions of employment the youth under which the youth will be working including:
- the activities the minor will perform
- the place of location work
- the duration of location work
- the names of the producer and stunt coordinator (if applicable)
In addition to notifying parents, custodians, or chaperons of youth working on productions, entertainment industry employers must also obtain written authorization from the parents, custodians, or chaperons to provide medical treatment to the youth in the case of an emergency. FL Admin. Code 61L-2.006(3)
Child labor coordinator
Florida child labor laws require each entertainment industry employer employing youth under 18 years of age to designate on child labor coordinator on each set or in each touring company where youth work. The child labor coordinator will be the employer’s contact for the Child Labor Section of Florida Department of Business & Professional Regulation and be responsible for responding to any communication from the Child Labor Section regarding the employer’s youth employees. FL Admin. Code 61L-2.006(4)
Penalties
In addition to the general penalties assessed for violation of Florida child labor laws, entertainment industry employers may have their Permit to Hire revoked or suspended if they violate the entertainment industry provisions of Florida child labor laws. FL Admin. Code 61L-2.006(6)