reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXXI - Labor › Chapter 447 - Labor Organizations › Part II - Public Employees (Ss. 447.201-447.609) › 447.5035 - Enforcement of commission orders.

447.5035 Enforcement of commission orders.—In case of any failure by any employer, employee, or employee organization to comply with any order of the commission, upon application of the commission or, notwithstanding the provisions of s. 120.69(1)(b)1., upon application of any person who is a resident of the state and who is substantially interested in such order, any circuit court of this state shall have jurisdiction to enforce the order pursuant to the provisions of s. 120.69. However, if one or more petitions for enforcement and a notice of appeal involving the same agency action are pending at the same time, the district court of appeal considering the notice of appeal shall order all such actions transferred to and consolidated in the district court of appeal. If a petition for enforcement is filed after the time for filing notice of appeal has expired, the respondent may assert as a defense only that the agency action was not intended to apply to respondent or that respondent has complied with the agency action. Petitions for enforcement filed under this part shall be heard expeditiously by the circuit court to which presented and shall take precedence over all other civil matters except prior matters of the same character.
History.—s. 2, ch. 79-295.
2023 Florida Statutes › Title XXXI - Labor › Chapter 447 - Labor Organizations › Part II - Public Employees (Ss. 447.201-447.609) › 447.504 - Judicial review.

447.504 Judicial review.—
(1) The district courts of appeal are empowered, upon the filing of appropriate notices of appeal, to review final orders of the commission pursuant to s. 120.68. A copy of the notice of appeal shall be filed with the commission. The record in the proceeding, certified by the commission, shall be filed with the court in accordance with the Florida Rules of Appellate Procedure.
(2) Upon the filing of a notice of appeal, the appropriate district court of appeal shall thereupon have jurisdiction of the proceeding and may grant such temporary or permanent relief or restraining order as it deems just and proper and may enforce, modify, affirm, or set aside, in whole or in part, the order of the commission. The findings of the commission with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive.
(3) The court may award to the prevailing party all or part of the costs of litigation and reasonable attorney’s fees and expert witness fees whenever the court determines that such an award is appropriate. However, no such costs or fees shall be assessed against the commission in any appeal from an order issued by the commission in an adjudicatory proceeding between adversary parties conducted pursuant to this part.
(4) The commencement of proceedings under this section shall not, unless specifically ordered by the district court of appeal, operate as a stay of the commission’s order.
(5) Appeals filed under this part shall be heard expeditiously by the district court of appeal to which presented and shall take precedence over all other civil matters except prior matters of the same character.
History.—s. 3, ch. 74-100; s. 20, ch. 77-343; s. 3, ch. 79-295.
2023 Florida Statutes › Title XXXI - Labor › Chapter 447 - Labor Organizations › Part II - Public Employees (Ss. 447.201-447.609) › 447.505 - Strikes prohibited.

447.505 Strikes prohibited.—No public employee or employee organization may participate in a strike against a public employer by instigating or supporting, in any manner, a strike. Any violation of this section shall subject the violator to the penalties provided in this part.
History.—s. 3, ch. 74-100.
2023 Florida Statutes › Title XXXI - Labor › Chapter 447 - Labor Organizations › Part II - Public Employees (Ss. 447.201-447.609) › 447.509 - Other unlawful acts.

447.509 Other unlawful acts.—
(1) Employee organizations, their members, agents, or representatives, or any persons acting on their behalf are hereby prohibited from:
(a) Soliciting public employees during working hours of any employee who is involved in the solicitation.
(b) Distributing literature during working hours in areas where the actual work of public employees is performed, such as offices, warehouses, schools, police stations, fire stations, and any similar public installations. This section shall not be construed to prohibit the distribution of literature during the employee’s lunch hour or in such areas not specifically devoted to the performance of the employee’s official duties.
(c) Instigating or advocating support, in any positive manner, for an employee organization’s activities from high school or grade school students during classroom time.
(d) Offering anything of value to a public officer as defined in s. 112.313(1) which the public officer is prohibited from accepting under s. 112.313(2).
(e) Offering any compensation, payment, or thing of value to a public officer as defined in s. 112.313(1) which the public officer is prohibited from accepting under s. 112.313(4).
(2) No employee organization shall directly or indirectly pay any fines or penalties assessed against individuals pursuant to the provisions of this part.
(3) The circuit courts of this state shall have jurisdiction to enforce the provisions of this section by injunction and contempt proceedings, if necessary. A public employee who is convicted of a violation of any provision of this section may be discharged or otherwise disciplined by his or her public employer, notwithstanding further provisions of law, and notwithstanding the provisions of any collective bargaining agreement.
History.—s. 3, ch. 74-100; s. 162, ch. 97-103; s. 5, ch. 2023-35.
2023 Florida Statutes › Title XXXI - Labor › Chapter 447 - Labor Organizations › Part II - Public Employees (Ss. 447.201-447.609) › 447.51 - Violations not a ground for municipal recall.

447.51 Violations not a ground for municipal recall.—Any violation of this part (Labor Organizations; Public Employees) shall not subject any person to municipal recall and shall not be considered as grounds for municipal recall.
History.—s. 2, ch. 77-279.
2023 Florida Statutes › Title XXXI - Labor › Chapter 447 - Labor Organizations › Part II - Public Employees (Ss. 447.201-447.609) › 447.601 - Merit or civil service system; applicability.

447.601 Merit or civil service system; applicability.—The provisions of this part shall not be construed to repeal, amend, or modify the provisions of any law or ordinance establishing a merit or civil service system for public employees or the rules and regulations adopted pursuant thereto or to prohibit or hinder the establishment of other such personnel systems unless the provisions of such merit or civil service system laws or ordinances or rules and regulations adopted pursuant thereto are in conflict with the provisions of this part, in which event such laws, ordinances, or rules and regulations shall not apply, except as provided in s. 447.301(4).
History.—s. 3, ch. 74-100; s. 120, ch. 79-164.
2023 Florida Statutes › Title XXXI - Labor › Chapter 447 - Labor Organizations › Part II - Public Employees (Ss. 447.201-447.609) › 447.605 - Public meetings and records law; exemptions and compliance.

447.605 Public meetings and records law; exemptions and compliance.—
(1) All discussions between the chief executive officer of the public employer, or his or her representative, and the legislative body or the public employer relative to collective bargaining shall be closed and exempt from the provisions of s. 286.011.
(2) The collective bargaining negotiations between a chief executive officer, or his or her representative, and a bargaining agent shall be in compliance with the provisions of s. 286.011.
(3) All work products developed by the public employer in preparation for negotiations, and during negotiations, shall be confidential and exempt from the provisions of s. 119.07(1).
History.—s. 3, ch. 74-100; s. 23, ch. 77-343; s. 18, ch. 91-269; s. 302, ch. 96-406; s. 1075, ch. 97-103.
2023 Florida Statutes › Title XXXI - Labor › Chapter 447 - Labor Organizations › Part II - Public Employees (Ss. 447.201-447.609) › 447.607 - Commission rules; powers retained by the Legislature.

447.607 Commission rules; powers retained by the Legislature.—The Legislature shall retain the right to approve, amend, or rescind all rules promulgated by the commission pursuant to this part. In the absence of legislative action to the contrary, all rules shall have full force and effect.
History.—s. 5, ch. 74-100; s. 52, ch. 78-95.
2023 Florida Statutes › Title XXXI - Labor › Chapter 447 - Labor Organizations › Part II - Public Employees (Ss. 447.201-447.609) › 447.609 - Representation in proceedings.

447.609 Representation in proceedings.—Any full-time employee or officer of any public employer or employee organization may represent his or her employer or any member of a bargaining unit in any proceeding authorized in this part, excluding the representation of any person or public employer in a court of law by a person who is not a licensed attorney.
History.—s. 24, ch. 77-343; s. 163, ch. 97-103.
2023 Florida Statutes › Title XXXI - Labor › Chapter 448 - General Labor Regulations › Part I - Terms and Conditions of Employment (Ss. 448.01-448.111) › 448.01 - Legal day’s work; extra pay.

448.01 Legal day’s work; extra pay.—
(1) Ten hours of labor shall be a legal day’s work, and when any person employed to perform manual labor of any kind by the day, week, month or year renders 10 hours of labor, he or she shall be considered to have performed a legal day’s work, unless a written contract has been signed by the person so employed and the employer, requiring a less or greater number of hours of labor to be performed daily.
(2) Unless such written contract has been made, the person employed shall be entitled to extra pay for all work performed by the requirement of his or her employer in excess of 10 hours’ labor daily.
History.—ss. 1, 2, 3, ch. 1988, 1874; RS 2117, 2118; GS 2641, 2642; RGS 4016, 4017; CGL 5939, 5940; s. 164, ch. 97-103.
2023 Florida Statutes › Title XXXI - Labor › Chapter 448 - General Labor Regulations › Part I - Terms and Conditions of Employment (Ss. 448.01-448.111) › 448.03 - Threat of discharge to compel employee to trade with any particular firm or person; penalty.

448.03 Threat of discharge to compel employee to trade with any particular firm or person; penalty.—Any person or persons, firm, joint stock company, association or corporation organized, chartered or incorporated by and under the laws of this state, either as owner or lessee, having persons in their service as employees, who shall discharge any employee or threaten to discharge any employee in their service for trading or dealing, or for not trading or dealing as a customer or patron with any particular merchant or other person or class of persons in any business calling, or shall notify any employee either by general or special notice, directly or indirectly, secretly or openly given, not to trade or deal as a customer or patron with any particular merchant or person or class of persons in any business or calling, under penalty of being discharged from the service of such person, firm, joint stock company, corporation or association shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—ss. 1, 2, ch. 5015, 1901; GS 3233; RGS 5066; CGL 7168; s. 374, ch. 71-136.
2023 Florida Statutes › Title XXXI - Labor › Chapter 448 - General Labor Regulations › Part I - Terms and Conditions of Employment (Ss. 448.01-448.111) › 448.04 - Penalty for officer or agent violating s. 448.03.

448.04 Penalty for officer or agent violating s. 448.03.—Any person acting as an officer or agent of any firm, joint stock company, association or corporation of the kind and character as described in s. 448.03 or for any one of them, who makes or executes any notice, order or threat of the kind therein mentioned and forbidden, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 2, ch. 5015, 1901; GS 3234; RGS 5067; CGL 7169; s. 375, ch. 71-136.
2023 Florida Statutes › Title XXXI - Labor › Chapter 448 - General Labor Regulations › Part I - Terms and Conditions of Employment (Ss. 448.01-448.111) › 448.045 - Wrongful combinations against workers.

448.045 Wrongful combinations against workers.—If two or more persons shall agree, conspire, combine or confederate together for the purpose of preventing any person from procuring work in any firm or corporation, or to cause the discharge of any person from work in such firm or corporation; or if any person shall verbally or by written or printed communication, threaten any injury to life, property or business of any person for the purpose of procuring the discharge of any worker in any firm or corporation, or to prevent any person from procuring work in such firm or corporation, such persons so combining shall be deemed guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 4144, 1893; GS 3515; RGS 5401; CGL 7542; s. 983, ch. 71-136; s. 165, ch. 97-103.
Note.—Former s. 833.02.
2023 Florida Statutes › Title XXXI - Labor › Chapter 448 - General Labor Regulations › Part I - Terms and Conditions of Employment (Ss. 448.01-448.111) › 448.05 - Seats to be furnished for employees in stores; penalty.

448.05 Seats to be furnished for employees in stores; penalty.—If any merchant, storekeeper, employer of male or female clerks, salespeople, cash boys or cash girls, or other assistants, in mercantile or other business pursuits, requiring such employees to stand or walk during their active duties, neglect to furnish at his or her own cost or expense suitable chairs, stools or sliding seats attached to the counters or walls, for the use of such employees when not engaged in their active work, and not required to be on their feet in the proper performance of their several duties; or refuse to permit their said employees to make reasonable use of said seats during business hours, for purposes of necessary rest, and when such use will not interfere with humane or reasonable requirements of their employment, he or she shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 4762, 1899; GS 3235; RGS 5068; CGL 7170; s. 376, ch. 71-136; s. 166, ch. 97-103.
2023 Florida Statutes › Title XXXI - Labor › Chapter 448 - General Labor Regulations › Part I - Terms and Conditions of Employment (Ss. 448.01-448.111) › 448.075 - Employment discrimination on basis of sickle-cell trait prohibited.

448.075 Employment discrimination on basis of sickle-cell trait prohibited.—No person, firm, corporation, unincorporated association, state agency, unit of local government, or any public or private entity shall deny or refuse employment to any person or discharge any person from employment solely because such person has the sickle-cell trait.
History.—s. 3, ch. 78-35.
2023 Florida Statutes › Title XXXI - Labor › Chapter 448 - General Labor Regulations › Part I - Terms and Conditions of Employment (Ss. 448.01-448.111) › 448.076 - Mandatory screening or testing for sickle-cell trait prohibited.

448.076 Mandatory screening or testing for sickle-cell trait prohibited.—No person, firm, corporation, unincorporated association, state agency, unit of local government, or any public or private entity shall require screening or testing for the sickle-cell trait as a condition for employment, for admission into any state educational institution or state-chartered private educational institution, or for becoming eligible for adoption if otherwise eligible for adoption under the laws of this state.
History.—s. 4, ch. 78-35.
2023 Florida Statutes › Title XXXI - Labor › Chapter 448 - General Labor Regulations › Part I - Terms and Conditions of Employment (Ss. 448.01-448.111) › 448.08 - Attorney’s fees for successful litigants in actions for unpaid wages.

448.08 Attorney’s fees for successful litigants in actions for unpaid wages.—The court may award to the prevailing party in an action for unpaid wages costs of the action and a reasonable attorney’s fee.
History.—s. 1, ch. 78-327.
2023 Florida Statutes › Title XXXI - Labor › Chapter 448 - General Labor Regulations › Part I - Terms and Conditions of Employment (Ss. 448.01-448.111) › 448.101 - Definitions.

448.101 Definitions.—As used in ss. 448.101-448.105, the term:
(1) “Appropriate governmental agency” means any agency of government charged with the enforcement of laws, rules, or regulations governing an activity, policy, or practice of an employer.
(2) “Employee” means a person who performs services for and under the control and direction of an employer for wages or other remuneration. The term does not include an independent contractor.
(3) “Employer” means any private individual, firm, partnership, institution, corporation, or association that employs ten or more persons.
(4) “Law, rule, or regulation” includes any statute or ordinance or any rule or regulation adopted pursuant to any federal, state, or local statute or ordinance applicable to the employer and pertaining to the business.
(5) “Retaliatory personnel action” means the discharge, suspension, or demotion by an employer of an employee or any other adverse employment action taken by an employer against an employee in the terms and conditions of employment.
(6) “Supervisor” means any individual within an employer’s organization who has the authority to direct and control the work performance of the affected employee or who has managerial authority to take corrective action regarding the violation of law, rule, or regulation of which the employee complains.
History.—s. 4, ch. 91-285.
2023 Florida Statutes › Title XXXI - Labor › Chapter 448 - General Labor Regulations › Part I - Terms and Conditions of Employment (Ss. 448.01-448.111) › 448.102 - Prohibitions.

448.102 Prohibitions.—An employer may not take any retaliatory personnel action against an employee because the employee has:
(1) Disclosed, or threatened to disclose, to any appropriate governmental agency, under oath, in writing, an activity, policy, or practice of the employer that is in violation of a law, rule, or regulation. However, this subsection does not apply unless the employee has, in writing, brought the activity, policy, or practice to the attention of a supervisor or the employer and has afforded the employer a reasonable opportunity to correct the activity, policy, or practice.
(2) Provided information to, or testified before, any appropriate governmental agency, person, or entity conducting an investigation, hearing, or inquiry into an alleged violation of a law, rule, or regulation by the employer.
(3) Objected to, or refused to participate in, any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation.
History.—s. 5, ch. 91-285.
2023 Florida Statutes › Title XXXI - Labor › Chapter 448 - General Labor Regulations › Part I - Terms and Conditions of Employment (Ss. 448.01-448.111) › 448.103 - Employee’s remedy; relief.

448.103 Employee’s remedy; relief.—
(1)(a) An employee who has been the object of a retaliatory personnel action in violation of this act may institute a civil action in a court of competent jurisdiction for relief as set forth in subsection (2) within 2 years after discovering that the alleged retaliatory personnel action was taken, or within 4 years after the personnel action was taken, whichever is earlier.
(b) Any civil action authorized under this section may be brought in the county in which the alleged retaliatory personnel action occurred, in which the complainant resides, or in which the employer has its principal place of business.
(c) An employee may not recover in any action brought pursuant to this subsection if he or she failed to notify the employer about the illegal activity, policy, or practice as required by s. 448.102(1) or if the retaliatory personnel action was predicated upon a ground other than the employee’s exercise of a right protected by this act.
(2) In any action brought pursuant to subsection (1), the court may order relief as follows:
(a) An injunction restraining continued violation of this act.
(b) Reinstatement of the employee to the same position held before the retaliatory personnel action, or to an equivalent position.
(c) Reinstatement of full fringe benefits and seniority rights.
(d) Compensation for lost wages, benefits, and other remuneration.
(e) Any other compensatory damages allowable at law.
History.—s. 6, ch. 91-285; s. 169, ch. 97-103.
2023 Florida Statutes › Title XXXI - Labor › Chapter 448 - General Labor Regulations › Part I - Terms and Conditions of Employment (Ss. 448.01-448.111) › 448.104 - Attorney’s fees and costs.

448.104 Attorney’s fees and costs.—A court may award reasonable attorney’s fees, court costs, and expenses to the prevailing party.
History.—s. 7, ch. 91-285.
2023 Florida Statutes › Title XXXI - Labor › Chapter 448 - General Labor Regulations › Part I - Terms and Conditions of Employment (Ss. 448.01-448.111) › 448.105 - Existing rights.

448.105 Existing rights.—This act does not diminish the rights, privileges, or remedies of an employee or employer under any other law or rule or under any collective bargaining agreement or employment contract.
History.—s. 8, ch. 91-285.
2023 Florida Statutes › Title XXXI - Labor › Chapter 448 - General Labor Regulations › Part I - Terms and Conditions of Employment (Ss. 448.01-448.111) › 448.109 - Notification of the state minimum wage.

448.109 Notification of the state minimum wage.—
(1) As used in this section, the terms:
(a) “Employer,” “employee,” and “wage” have the meanings as established under the federal Fair Labor Standards Act and its implementing regulations.
(b) “Florida minimum wage” means the wage that an employer must, at a minimum, pay an employee pursuant to s. 24, Art. X of the State Constitution and implementing law.
(2) Each employer who must pay an employee the Florida minimum wage shall prominently display a poster substantially similar to the one made available pursuant to subsection (3) in a conspicuous and accessible place in each establishment where such employees are employed.
(3)(a) Each year the Department of Economic Opportunity shall, on or before December 1, create and make available to employers a poster in English and in Spanish which reads substantially as follows:
NOTICE TO EMPLOYEES
The Florida minimum wage is $   (amount)   per hour, with a minimum wage of at least $   (amount)   per hour for tipped employees, in addition to tips, for January 1,   (year)  , through December 31,   (year)  .
The rate of the minimum wage is recalculated yearly on September 30, based on the Consumer Price Index. Every year on January 1 the new Florida minimum wage takes effect.
An employer may not retaliate against an employee for exercising his or her right to receive the minimum wage. Rights protected by the State Constitution include the right to:
1. File a complaint about an employer’s alleged noncompliance with lawful minimum wage requirements.
2. Inform any person about an employer’s alleged noncompliance with lawful minimum wage requirements.
3. Inform any person of his or her potential rights under Section 24, Article X of the State Constitution and to assist him or her in asserting such rights.
An employee who has not received the lawful minimum wage after notifying his or her employer and giving the employer 15 days to resolve any claims for unpaid wages may bring a civil action in a court of law against an employer to recover back wages plus damages and attorney’s fees.
An employer found liable for intentionally violating minimum wage requirements is subject to a fine of $1,000 per violation, payable to the state.
The Attorney General or other official designated by the Legislature may bring a civil action to enforce the minimum wage.
For details see Section 24, Article X of the State Constitution.
(b) The poster must be at least 8.5 inches by 11 inches and in a format easily seen by employees. The text in the poster must be of a conspicuous size. The text in the first line must be larger than the text of any other line, and the text of the first sentence must be in bold type and larger than the text in the remaining lines.
History.—s. 1, ch. 2006-84; s. 398, ch. 2011-142.
2023 Florida Statutes › Title XXXI - Labor › Chapter 448 - General Labor Regulations › Part I - Terms and Conditions of Employment (Ss. 448.01-448.111) › 448.111 - Evidentiary standards for actions of a business during an emergency.

448.111 Evidentiary standards for actions of a business during an emergency.—
(1) For purposes of this section, the term “engaged individual” means an individual who provides a good or service to a business or on behalf of a business and who is remunerated for the good or service regardless of the individual’s classification as an employee or independent contractor.
(2) Notwithstanding any other law, the following actions of a business, if taken during a public health emergency declared by the State Health Officer under s. 381.00315 or a state of emergency declared by the Governor under s. 252.36, may not be used as evidence in a civil cause of action brought under s. 440.10, s. 440.192, s. 440.38, s. 440.381, s. 448.103, s. 448.110, s. 448.25, chapter 532, or s. 717.115, or in a civil cause of action, as provided for under general law, to recover lost wages, salary, employment benefits, or other compensation, because an individual has not been properly classified as an employee:
(a) Providing financial assistance to previously engaged individuals who are unable to work because of health and safety concerns.
(b) Directly providing benefits that are related to the health and safety of engaged individuals, including medical or cleaning supplies, personal protective equipment, health checks, or medical testing.
(c) Providing training or information related to the health and safety of engaged individuals or the public.
(d) Taking any action, including action required or suggested by any federal, state, or local law, ordinance, order, or directive which is intended to protect public health and safety.
History.—s. 1, ch. 2022-99.
2023 Florida Statutes › Title XXXI - Labor › Chapter 448 - General Labor Regulations › Part II - Labor Pool Act (Ss. 448.20-448.26) › 448.21 - Legislative intent.

448.21 Legislative intent.—The Legislature finds that this part is necessary to provide for the health, safety, and well-being of day laborers throughout the state and to establish uniform standards of conduct and practice for labor pools in the state, and this part shall be carried out in accordance with this purpose.
History.—s. 1, ch. 95-332.
2023 Florida Statutes › Title XXXI - Labor › Chapter 448 - General Labor Regulations › Part II - Labor Pool Act (Ss. 448.20-448.26) › 448.22 - Definitions.

448.22 Definitions.—For the purposes of this part:
(1) “Labor pool” means a business entity that operates a labor hall by one or more of the following methods:
(a) Contracting with third-party users to supply day laborers to them on a temporary basis.
(b) Hiring, employing, recruiting, or contracting with workers to fulfill these temporary labor contracts for day labor.
(c) Fulfilling any contracts for day labor in accordance with this subsection, even if the entity also conducts other business.
(2) “Day labor” means temporary labor or employment that is occasional or irregular for which the worker is employed for not longer than the time period required to complete the temporary assignment for which the individual worker was hired, although an individual may be eligible for additional temporary assignments when available.
(3) “Labor hall” means a central location maintained by a labor pool where day laborers assemble and are dispatched to work for a third-party user.
(4) “Business entity” means any individual, corporation, business partnership, firm, institution, or association.
(5) “Third-party user” means a business entity that uses the services of a day laborer provided by a labor pool.
History.—s. 1, ch. 95-332.
2023 Florida Statutes › Title XXXI - Labor › Chapter 448 - General Labor Regulations › Part II - Labor Pool Act (Ss. 448.20-448.26) › 448.23 - Exclusions.

448.23 Exclusions.—Except as specified in ss. 448.22(1)(c) and 448.26, this part does not apply to:
(1) Business entities duly registered as farm labor contractors pursuant to part III of chapter 450;
(2) Employee leasing companies, as defined in s. 468.520;
(3) Temporary help services engaged in supplying solely white collar employees, secretarial employees, clerical employees, or skilled laborers;
(4) Labor union hiring halls; or
(5) Labor bureau or employment offices operated by a business entity for the sole purpose of employing an individual for its own use.
History.—s. 1, ch. 95-332; s. 2, ch. 2006-10.
2023 Florida Statutes › Title XXXI - Labor › Chapter 448 - General Labor Regulations › Part II - Labor Pool Act (Ss. 448.20-448.26) › 448.25 - Remedies; damages; costs.

448.25 Remedies; damages; costs.—
(1)(a) Any worker aggrieved by a violation of s. 448.24 has the right to bring a civil action in a court of competent jurisdiction against the labor pool responsible for such violation.
(b) Before bringing a civil action pursuant to this section, an aggrieved worker must give the labor pool a reasonable opportunity to cure the alleged violation. The aggrieved worker must serve the labor pool in accordance with s. 48.081 with written notice of the alleged violation. Such notice must include a statement that failure by the labor pool to cure the alleged violation within 60 days after receipt of the notice may result in a civil action being filed against it in a court of competent jurisdiction. A labor pool may cure a violation relating to its labor hall facilities by modifying the alleged violation to comply with s. 448.24(5).
(c) In any action commenced pursuant to this section, the aggrieved worker is entitled to recover actual and consequential damages, or $1,000, whichever is greater, for each violation of s. 448.24, and costs.
(2) A civil action brought under s. 448.24 must be filed within 1 year after the date the aggrieved worker serves written notice of the alleged violation on the labor pool.
(3) The remedies provided by this part for a violation of s. 448.24 are exclusive and preclude the aggrieved worker from pursuing any other remedy at law or equity which the worker may have.
History.—s. 1, ch. 95-332; s. 2, ch. 2023-138.
2023 Florida Statutes › Title XXXI - Labor › Chapter 448 - General Labor Regulations › Part II - Labor Pool Act (Ss. 448.20-448.26) › 448.26 - Application.

448.26 Application.—Nothing in this part shall exempt any client of any labor pool or temporary help arrangement entity as defined in s. 468.520(4)(a) or any assigned employee from any other license requirements of state, local, or federal law. Any employee assigned to a client who is licensed, registered, or certified pursuant to law shall be deemed an employee of the client for such licensure purposes but shall remain an employee of the labor pool or temporary help arrangement entity for purposes of chapters 440 and 443.
History.—s. 3, ch. 2006-10.
2023 Florida Statutes › Title XXXI - Labor › Chapter 450 - Minority Labor Groups › Part I - Child Labor (Ss. 450.001-450.165) › 450.012 - Definitions.

450.012 Definitions.—For the purpose of this chapter, the word, phrase, or term:
(1) “Farm work” includes all agricultural labor performed upon farms.
(2) “Farm” includes stock, dairy, poultry, fruit, fur-bearing animal, and truck farms; ranches; nurseries; and orchards.
(3) “Child” or “minor” means any person 17 years of age or younger, unless:
(a) The person is or has been married;
(b) The person’s disability of nonage has been removed by a court of competent jurisdiction;
(c) The person is serving or has served in the Armed Forces of the United States;
(d) It has been found by a court having jurisdiction over the person that it is in the best interest of such minor to work and the court specifically approves any employment of such person, including the terms and conditions of such employment; or
(e) The person has graduated from an accredited high school or holds a high school equivalency diploma.
(4) “Department” means the Department of Business and Professional Regulation.
(5) “Entertainment industry” means any group, entity, organization, or individual, in which the services of any minor are rendered in any capacity in conjunction with any motion picture, television, video, audio, theatrical, or still photography, using any format whether now existing or hereafter developed, including, but not limited to, theatrical film, commercial, documentary, television, radio, and/or cable, by any medium, whether now existing or hereafter developed, including theater, television, audiocassette, or videocassette; legitimate theaters or photography; recording; modeling; theatrical productions or publicity; rodeos; circuses; musical performances; or any other performances where minors perform.
History.—s. 1, ch. 75-195; s. 3, ch. 81-192; s. 35, ch. 83-174; s. 8, ch. 91-147; s. 25, ch. 95-345; s. 135, ch. 2000-165; s. 61, ch. 2002-194.
2023 Florida Statutes › Title XXXI - Labor › Chapter 450 - Minority Labor Groups › Part I - Child Labor (Ss. 450.001-450.165) › 450.021 - Minimum age; general.

450.021 Minimum age; general.—
(1) Minors of any age may be employed:
(a) As pages in the Florida Legislature.
(b) By the entertainment industry as prescribed in ss. 450.012 and 450.132.
(c) In domestic or farm work in connection with their own homes or the farm or ranch on which they live, or directly for their own parents or guardian, or in the herding, tending, and management of livestock, during the hours they are not required by law to be in school.
(2) No person 10 years of age or younger shall engage in the sale and distribution of newspapers.
(3) Except as provided in subsection (1), no person 13 years of age or younger shall be employed, permitted, or suffered to work in any gainful occupation at any time.
(4) No person 17 years old or younger, whether or not such person’s disabilities of nonage have been removed by marriage or otherwise, shall be employed, permitted, or suffered to work in any place where alcoholic beverages are sold at retail, except as provided in s. 562.13.
(5) In order to better ensure the elimination of minors being exploited and becoming victims of human trafficking, a person under the age of 18, whether or not such person’s disabilities of nonage have been removed by marriage or otherwise, may not be employed, permitted, or suffered to work in an adult theater, as defined in s. 847.001(2)(b).
History.—s. 1, ch. 28240, 1953; s. 2, ch. 57-224; s. 1, ch. 75-195; s. 1, ch. 77-174; s. 4, ch. 81-192; s. 9, ch. 91-147; s. 2, ch. 92-151; s. 4, ch. 2014-160.
2023 Florida Statutes › Title XXXI - Labor › Chapter 450 - Minority Labor Groups › Part I - Child Labor (Ss. 450.001-450.165) › 450.045 - Proof of identity and age; posting of notices.

450.045 Proof of identity and age; posting of notices.—
(1) Any person who hires, employs, or suffers to work any child shall, in addition to the limitations provided in this part, first obtain and keep on record during the entire period of such employment proof of the child’s age. This requirement shall be satisfied by:
(a) A photocopy of the child’s birth certificate;
(b) A photocopy of the child’s driver license;
(c) An age certificate issued by the district school board of the district in which the child is employed, certifying the child’s date of birth; or
(d) A photocopy of a passport or visa which lists the child’s date of birth.
(2) Any person who hires, employs, or suffers to work any minor shall post at a conspicuous place on the property or place of employment, where it may be easily read, a poster notifying minors of the Child Labor Law, to be provided by the division upon request.
(3)(a) In order to provide the department and law enforcement agencies the means to more effectively identify, investigate, and arrest persons engaging in human trafficking, an adult theater, as defined in s. 847.001(2)(b), shall obtain proof of the identity and age of each of its employees or independent contractors, and shall verify the validity of the identification and age verification document with the issuer, before his or her employment or provision of services as an independent contractor.
(b) The adult theater shall obtain and keep on record a photocopy of the person’s driver license or state or federal government-issued photo identification card, along with a record of the verification of the validity of the identification and age verification document with the issuer, during the entire period of employment or business relationship with the independent contractor and for at least 3 years after the employee or independent contractor ceases employment or the provision of services.
(c) The department and its agents have the authority to enter during operating hours, unannounced and without prior notice, and inspect at any time a place or establishment covered by this subsection and to have access to age verification documents kept on file by the adult theater and such other records as may aid in the enforcement of this subsection.
(d) A person who owns, operates, or manages an adult theater who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 5, ch. 81-192; s. 10, ch. 91-147; s. 5, ch. 2014-160; s. 10, ch. 2019-152; s. 2, ch. 2023-86.
2023 Florida Statutes › Title XXXI - Labor › Chapter 450 - Minority Labor Groups › Part I - Child Labor (Ss. 450.001-450.165) › 450.081 - Hours of work in certain occupations.

450.081 Hours of work in certain occupations.—
(1)(a) Minors 15 years of age or younger shall not be employed, permitted, or suffered to work before 7 a.m. or after 7 p.m. when school is scheduled the following day or for more than 15 hours in any one week. On any school day, minors 15 years of age or younger who are not enrolled in a career education program shall not be gainfully employed for more than 3 hours, unless there is no session of school the following day.
(b) During holidays and summer vacations, minors 15 years of age or younger shall not be employed, permitted, or suffered to work before 7 a.m. or after 9 p.m., for more than 8 hours in any one day, or for more than 40 hours in any one week.
(2) Minors 16 and 17 years of age shall not be employed, permitted, or suffered to work before 6:30 a.m. or after 11:00 p.m. or for more than 8 hours in any one day when school is scheduled the following day. When school is in session, minors 16 and 17 years of age shall not work more than 30 hours in any one week. On any school day, minors 16 and 17 years of age who are not enrolled in a career education program shall not be gainfully employed during school hours.
(3) Minors 17 years of age or younger shall not be employed, permitted, or suffered to work in any gainful occupation for more than 6 consecutive days in any one week.
(4) Minors 17 years of age or younger shall not be employed, permitted, or suffered to work for more than 4 hours continuously without an interval of at least 30 minutes for a meal period; and for the purposes of this law, no period of less than 30 minutes shall be deemed to interrupt a continuous period of work.
(5) The provisions of subsections (1)-(4) shall not apply to:
(a) Minors 16 and 17 years of age who have graduated from high school or received a high school equivalency diploma.
(b) Minors who are within the compulsory school attendance age limit who hold a valid certificate of exemption issued by the school superintendent or his or her designee pursuant to the provisions of s. 1003.21(3).
(c) Minors enrolled in a public educational institution who qualify on a hardship basis such as economic necessity or family emergency. Such determination shall be made by the school superintendent or his or her designee, and a waiver of hours shall be issued to the minor and the employer. The form and contents thereof shall be prescribed by the department.
(d) Children in domestic service in private homes, children employed by their parents, or pages in the Florida Legislature.
(6) The presence of any minor in any place of employment during working hours shall be prima facie evidence of his or her employment therein.
History.—s. 1, ch. 28240, 1953; s. 24, ch. 57-1; s. 6, ch. 57-224; s. 6, ch. 61-182; ss. 17, 35, ch. 69-106; s. 1, ch. 73-283; s. 2, ch. 75-195; s. 6, ch. 81-192; s. 1, ch. 86-13; s. 12, ch. 91-147; s. 170, ch. 97-103; s. 137, ch. 2000-165; s. 1009, ch. 2002-387; s. 81, ch. 2005-2.
2023 Florida Statutes › Title XXXI - Labor › Chapter 450 - Minority Labor Groups › Part I - Child Labor (Ss. 450.001-450.165) › 450.095 - Waivers.

450.095 Waivers.—In extenuating circumstances when it clearly appears to be in the best interest of the child, the department may grant a waiver of the restrictions imposed by the Child Labor Law on the employment of a child. Such waivers shall be granted upon a case-by-case basis and shall be based upon such factors as the department, by rule, establishes as determinative of whether such waiver is in the best interest of a child.
History.—s. 7, ch. 81-192; s. 138, ch. 2000-165.
2023 Florida Statutes › Title XXXI - Labor › Chapter 450 - Minority Labor Groups › Part I - Child Labor (Ss. 450.001-450.165) › 450.132 - Employment of children by the entertainment industry; rules; procedures.

450.132 Employment of children by the entertainment industry; rules; procedures.—
(1) Children within the protection of our child labor statutes may, notwithstanding such statutes, be employed by the entertainment industry in the production of motion pictures, legitimate plays, television shows, still photography, recording, publicity, musical and live performances, circuses, and rodeos, in any work not determined by the department to be hazardous, or detrimental to their health, morals, education, or welfare.
(2) The department shall, as soon as convenient, and after such investigation as to the department may seem necessary or advisable, determine what work in connection with the entertainment industry is not hazardous or detrimental to the health, morals, education, or welfare of minors within the purview and protection of our child labor laws. When so adopted, such rules shall have the force and effect of law in this state.
(3) Entertainment industry employers or agents wishing to qualify for the employment of minors in work not hazardous or detrimental to their health, morals, or education shall make application to the department for a permit qualifying them to employ minors in the entertainment industry. The form and contents thereof shall be prescribed by the department.
(4) Any duly qualified entertainment industry employer may employ any minor. However, if any entertainment industry employer employing a minor causes, permits, or suffers such minor to be placed under conditions which are dangerous to the life or limb or injurious or detrimental to the health or morals or education of the minor, the right of that entertainment industry employer and its representatives and agents to employ minors as provided herein shall stand revoked, unless otherwise ordered by the department, and the person responsible for such unlawful employment is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(5) Any entertainment industry employer and its agents employing minors hereunder are required to notify the department, showing the date of the commencement of work, the number of days worked, the location of the work, and the date of termination.
(6) The time spent by minors in rehearsals and in learning or practicing any of the arts, such as singing and dancing, for or under the direction of an entertainment industry employer, shall be counted as work time when such learning or practicing is connected with or is in contemplation of particular pictures or shows.
History.—s. 1, ch. 65-486; ss. 17, 35, ch. 69-106; s. 379, ch. 71-136; s. 1, ch. 73-283; s. 1, ch. 77-174; ss. 38, 39, ch. 83-174; s. 14, ch. 91-147; s. 28, ch. 95-345; s. 140, ch. 2000-165.
2023 Florida Statutes › Title XXXI - Labor › Chapter 450 - Minority Labor Groups › Part I - Child Labor (Ss. 450.001-450.165) › 450.141 - Employing minor children in violation of law; penalties.

450.141 Employing minor children in violation of law; penalties.—
(1) Whoever violates any provisions of this law, or employs or permits or suffers any minor to be employed or to work in violation of this law, or of any order issued under the provisions of this law, or obstructs persons authorized under this law in the inspection of places of employment, and whoever, having under his or her control any minor, permits the minor to be employed or to work in violation of this law, shall for such offense be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Each day during which any violation of this law continues shall constitute a separate and distinct offense, and the employment of any minor in violation of the law shall, with respect to each minor so employed, constitute a separate and distinct offense.
(2) Any person, firm, corporation, or governmental agency, or agent thereof, that has employed minors in violation of this part, or any rule adopted pursuant thereto, may be subject by the department to fines not to exceed $2,500 per offense. The department shall adopt, by rule, disciplinary guidelines specifying a meaningful range of designated penalties based upon the severity and repetition of the offenses, and which distinguish minor violations from those which endanger a minor’s health and safety.
(3) If the department has reasonable grounds for believing there has been a violation of this part or any rule adopted pursuant thereto, it shall give written notice to the person alleged to be in violation. Such notice shall include the provision or rule alleged to be violated, the facts alleged to constitute such violation, and requirements for remedial action within a time specified in the notice. No fine may be levied unless the person alleged to be in violation fails to take remedial action within the time specified in the notice.
History.—s. 1, ch. 28240, 1953; s. 380, ch. 71-136; s. 16, ch. 91-147; s. 171, ch. 97-103; s. 141, ch. 2000-165.
2023 Florida Statutes › Title XXXI - Labor › Chapter 450 - Minority Labor Groups › Part I - Child Labor (Ss. 450.001-450.165) › 450.151 - Hiring and employing; infliction of pain or suffering; penalty.

450.151 Hiring and employing; infliction of pain or suffering; penalty.—Any person who takes, receives, hires, employs, uses, exhibits, or, in any manner or under any pretense, causes or permits any child less than 18 years of age to suffer; who inflicts upon any such child unjustifiable physical pain or mental suffering; who willfully causes or permits the life of any such child to be endangered or his or her health to be injured or such child to be placed in such situation that his or her life may be endangered or health injured; or who has in custody any such child for any of the purposes aforesaid is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 1, ch. 28240, 1953; s. 381, ch. 71-136; 2, ch. 75-195; s. 1, ch. 77-174; s. 2, ch. 78-326; s. 1, ch. 83-75; s. 172, ch. 97-103.
2023 Florida Statutes › Title XXXI - Labor › Chapter 450 - Minority Labor Groups › Part I - Child Labor (Ss. 450.001-450.165) › 450.155 - Funding of the Child Labor Law program.

450.155 Funding of the Child Labor Law program.—
(1) Child Labor Law program appropriations made by the Legislature shall be used to carry out the proper responsibilities of administering the Child Labor Law, to protect the working youth of the state, and to provide education about the Child Labor Law to employers, public school employees, the general public, and working youth.
(2) Moneys for the administration of the child labor program shall be transferred to the Professional Regulation Trust Fund from the Workers’ Compensation Administration Trust Fund of the Department of Financial Services pursuant to nonoperating transfers.
History.—s. 17, ch. 91-147; s. 501, ch. 2003-261; s. 25, ch. 2004-234.