Fla. Admin. Code Ann. R. 61L-2.009 - Employment in Violation of Law or Rules

(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.

Notes

Fla. Admin. Code Ann. R. 61L-2.009

Rulemaking Authority 450.141, 455.2273 FS. Law Implemented 450.141, 455.2273 FS.

New 10-7-93, Formerly 38H-14.009, Amended by Florida Register Volume 41, Number 116, June 16, 2015 effective 6/30/2015.

New 10-7-93, Formerly 38H-14.009, Amended 6-30-15.