Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61L - Child and Farm Labor Program › Chapter 61L-2 - CHILD LABOR RULE › Section 61L-2.009 - Employment in Violation of Law or Rules

Current through Reg. 50, No. 138; July 16, 2024
(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 seek assessment of the following schedule
				of fines.
Violation
1st Offense
2nd Offense
3rd and Subsequent Offenses
Child Labor Poster not posted conspicuously.
Up to $500
Up to $1, 000
Up to $1, 500
Employment of minor in violation of age
							 limitations.
Up to $1, 000
Up to $1, 500
Up to $2, 500
Proof of age or copy of Partial Waiver of Child Labor
							 Law not on file.
Up to $700
Up to $1, 200
Up to $2, 000
Employment of minor in violation of alcoholic
							 beverage law.
Up to $1, 000
Up to $1, 500
Up to $2, 500
Violation of work hours or consecutive days
							 restrictions of the Child Labor Law or this rule chapter.
Up to $1, 000
Up to $1, 500
Up to $2500
Employment of minor in prohibited hazardous
							 occupation.
Up to $1, 500
Up to $2, 000
Up to $2, 500
Employment of minor in violation of any provision of
							 the Child Labor.
Up to $2, 500
Up to $2, 500
Up to $2, 500
Law or this rule chapter which results in injury or
							 death to minor.
Violation of proof of age and identity requirements
							 for Adult Theaters.
Up to $1, 000
Up to $2, 000
Up to $2, 500
Any other violation of the Child Labor Law or this
							 rule chapter.
Up to $1, 000
Up to $1, 500
Up to $2, 500
Failure to provide records or documentation upon
							 request.
Up to $500
Up to $1, 200
Up to $2, 000
(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.