Bill Text: FL H0543 | 2011 | Regular Session | Introduced

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Bill Title: Employment of Children in Entertainment Industry

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0543 Detail]

Download: Florida-2011-H0543-Introduced.html

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HB 543

1	A bill to be entitled
2	An act relating to employment of children by the
3	entertainment industry; amending s. 450.132, F.S.;
4	defining terms; providing requirements for the employment
5	of children in the entertainment industry; providing
6	responsibilities of employers and parents or legal
7	guardians of such children; requiring a preauthorization
8	certificate for each child; providing duties of the
9	Division of Regulation within the Department of Business
10	and Professional Regulation; providing limitations on the
11	working hours of child performers; providing certification
12	requirements and duties of teachers and trainers of child
13	performers; requiring a trust account for certain children
14	employed in the entertainment industry; providing safety
15	requirements for child performers; providing criteria for
16	wage claims; providing requirements for the Agency for
17	Workforce Innovation in resolving such claims; providing
18	grounds under which the Division of Regulation may refuse
19	to issue or renew a preauthorization certificate and
20	procedures for challenging such a determination;
21	reenacting ss. 450.021(1)(b) and 562.13(2)(b), F.S.,
22	relating to the employment of minors in this state, to
23	incorporate the amendments made to s. 450.132, F.S., in
24	references thereto; providing an effective date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1.  Section 450.132, Florida Statutes, is amended
29	to read:
30	(Substantial rewording of section. See
31	s. 450.132, F.S., for present text.)
32	450.132  Employment of children by the entertainment
33	industry; rules; procedures; trust accounts.-
34	(1)  DEFINITIONS.-As used in this section, the term:
35	(a)  "Agency" means the Agency for Workforce Innovation.
36	(b)  "Certified teacher" means any person who holds a valid
37	and current Florida teaching certificate issued by the
38	Department of Education or its equivalent issued by any state,
39	territory, possession, or other jurisdiction of the United
40	States.
41	(c)  "Child" or "minor" has the same meaning as in s.
42	450.012.
43	(d)  "Child performer" means a child employed to act or
44	otherwise participate in the performing arts, including, but not
45	limited to, motion pictures, theatrical, radio, or television
46	products.
47	(e)  "Division" means the Division of Regulation within the
48	Department of Business and Professional Regulation.
49	(f)  "Employ" includes suffer or permit to work.
50	(g)  "Employee" means a person whose work is controlled by
51	an employer as to how and when to perform the task.
52	(h)  "Entertainment industry" has the same meaning as in s.
53	450.012.
54	(i)  "Hazardous condition" means, but is not limited to,
55	special effects that could potentially be physically dangerous
56	to the child performer.
57	(j)  "Legal guardian" means a person appointed as a
58	guardian by a court.
59	(k)  "Place of employment," including the "movie set,"
60	"worksite," "set," and "location," means the actual location in
61	this state where a person provides his or her services, whether
62	paid or unpaid, as a performer.
63	(l)  "Safety" means the condition of being protected from
64	any situation that is detrimental to the child's health and
65	well-being.
66	(m)  "Wage claim" means a document signed by the attorney
67	for a child performer giving the Agency for Workforce Innovation
68	authority to investigate a complaint of unpaid wages.
69	(n)  "Wages" means all amounts at which the labor or
70	service rendered is paid, whether the amount is fixed or on a
71	time, task, piece, or commission basis.
72	(2)  EMPLOYMENT OF CHILDREN IN THE ENTERTAINMENT INDUSTRY.-
73	(a)  Any person who employs a child performer in the
74	entertainment industry must obtain a preauthorization
75	certificate issued by the division before the start of work. The
76	preauthorization certificate must include the project name; the
77	estimated dates and length of the project; the employer's name
78	and Florida address; contact information for at least three
79	individuals, including name, address, and telephone numbers; and
80	the child performer's information, including name, address, date
81	of birth, where the child is registered to attend school, grade
82	level of the child, special educational needs, anticipated
83	length of employment on the project, nature of work on the
84	project, and a list of any possible exposure to potentially
85	hazardous materials or substances. A signature is required from
86	the employer certifying compliance with all requirements of the
87	preauthorization certificate.
88	(b)  A preauthorization certificate for a child performer
89	may be issued only by the division.
90	(c)1.  Before issuing a preauthorization certificate, the
91	employer shall provide to the division a certification of
92	teaching compliance for each certified teacher employed to teach
93	the child performer. The certificate of teaching compliance must
94	state the certified teacher's appropriate teaching credentials
95	to teach grade levels kindergarten through 12 or to teach the
96	level of education required for the child performer at the place
97	of employment.
98	2.  The employer must provide to the division a written
99	criminal history check on all certified teachers on the movie
100	set or at the place of employment. It is the responsibility of
101	the employer, parent, legal guardian, and certified teacher to
102	report any arrest or conviction record and any other information
103	that may present a possible danger to the health, safety, or
104	well-being of the child performer.
105	(d)  It is the responsibility of the employer to obtain a
106	child performer preauthorization certificate before the
107	employment begins. The employer must be able to provide a copy
108	at the worksite when requested to do so. The division shall
109	retain a copy of the preauthorization certificate.
110	(e)  The child performer preauthorization certificate is
111	valid for 1 year after the date it is issued or until the
112	specific project for which the child is employed by the employer
113	ceases, whichever occurs first.
114	(f)  A signature is required from the child performer if
115	the child is 14 years of age or older.
116	(g)  A preauthorization certificate may not be given or
117	issued without the signature of a parent or legal guardian
118	indicating his or her permission for his or her child to work on
119	a specific project. A parent or legal guardian must be within
120	eyesight and earshot of the child performer at all times other
121	than the time periods in which the child is with a certified
122	teacher when the teacher is teaching school.
123	(h)  The parent or legal guardian of the child performer
124	may contact the division to renew the preauthorization
125	certificate 30 days before its expiration.
126	(i)1.  It is the responsibility of the employer to provide
127	a certified trainer or technician accredited in a United States
128	Department of Labor occupational safety and health administered
129	and certified safety program at the place of employment at all
130	times when a child performer may be exposed to a potentially
131	hazardous condition.
132	2.  The employer must provide to the division a written
133	criminal history check on all certified trainers and technicians
134	on the movie set. It is the responsibility of the employer,
135	parent, legal guardian, and certified trainer or technician to
136	report any arrest or conviction record and any other information
137	that may present a possible danger to the health, safety, or
138	well-being of the child performer.
139	(3)  LIMITATIONS ON CHILD PERFORMERS' WORKING HOURS,
140	INCLUDING SCHOOL TIME.-
141	(a)  All child performers who are at least 6 years of age
142	but younger than 18 years of age must be provided with a
143	certified teacher for each group of 10 or fewer child performers
144	when school is in session.
145	(b)  A child performer may not begin work before 5 a.m. or
146	continue work after 10 p.m. on evenings preceding a school day.
147	A child performer may not work later than midnight on a day
148	preceding a nonschool day. The time that a child performer may
149	be permitted at the place of employment may be extended by one-
150	half hour for a meal period.
151	(c)1.  An infant who is at least 15 days of age but younger
152	than 7 months of age may not be employed as a child performer
153	unless a physician, who is a board-certified pediatrician,
154	provides a written certification that the infant is physically
155	capable of handling the stress of filmmaking. With the
156	physician's approval, the infant performer may be at the place
157	of employment a maximum of 2 hours and may not work more than 20
158	minutes. Infants may work up to 2 cumulative hours in any 24-
159	hour period.
160	2.  A child performer who is at least 7 months of age but
161	younger than 3 years of age may be at the place of employment
162	for up to 4 hours and may work up to 2 hours. The remaining time
163	must be reserved for the child performer's rest and recreation.
164	3.  A child performer who is at least 3 years of age but
165	younger than 6 years of age may be at the place of employment
166	for up to 6 hours and may work up to 3 hours. The remaining time
167	must be reserved for the child performer's rest and recreation.
168	(d)1.  When school is in session, each child performer who
169	is at least 6 years of age but younger than 9 years of age may
170	be at the place of employment for up to 8 hours; the sum of 4
171	hours of work, 3 hours of school, and 1 hour of rest and
172	recreation. If school is not in session, work time may be
173	increased up to 6 hours, with the remaining time reserved for
174	the child performer's rest and recreation.
175	2.  When school is in session, Each child performer who is
176	at least 9 years of age but younger than 16 years of age may be
177	at the place of employment for up to 9 hours, the sum of 5 hours
178	of work, 3 hours of school, and 1 hour of rest and recreation.
179	If school is not in session, work time may be increased up to 7
180	hours, with the remaining time reserved for the child
181	performer's rest and recreation.
182	3.  If school is in session, a child performer who is at
183	least 16 years of age but younger than 18 years of age may be at
184	the place of employment for up to 10 hours, the sum of 6 hours
185	of work, 3 hours of school, and 1 hour of rest and recreation.
186	If school is not in session, work time may be increased up to 8
187	hours, with the remaining time reserved for the child
188	performer's rest and recreation.
189	(e)  In exceptional circumstances due to unusual
190	performance requirements, the division may grant a temporary
191	waiver of the mandatory hours and start-to-finish times. The
192	waiver must be granted before the performances of the work that
193	is the subject of the waiver. The division may grant a waiver
194	only under the following circumstances:
195	1.  Written notification is provided which includes a list
196	of specific dates and times that the child performer shall be
197	employed or present at the place of employment.
198	2.  Written acknowledgement is provided that the child
199	performer's parent or legal guardian has been fully informed of
200	the circumstances and has granted advance consent.
201	(f)  The child performer must be provided with a 12-hour
202	rest and recreation break at the end of each workday.
203	(g)  All time spent traveling from a studio to a location
204	or from a location to a studio counts as part of the child's
205	workday. When a child is with a company on a location that is
206	sufficiently distant and requires an overnight stay, and the
207	child is required to travel daily between the living quarters
208	and the place where the company is actually working, the time
209	the child spends traveling does not count as work time, provided
210	the company does not spend more than 45 minutes traveling each
211	way and furnishes the necessary transportation.
212	(4)  CERTIFICATION AND DUTIES OF CERTIFIED TEACHERS.-
213	(a)  A certified teacher of a child performer who attends a
214	public school must possess a valid and current teaching
215	certificate issued by the Department of Education. A certified
216	teacher of a child performer who attends a private school or of
217	a nonresident child performer must possess a valid and current
218	teaching certificate from another state, territory, possession,
219	or other jurisdiction of the United States to teach grade levels
220	kindergarten through 12 or to teach the level of education
221	required for the child performer at the place of employment.
222	(b)  A certified teacher has, in addition to teaching and
223	in conjunction with the parent or legal guardian, the
224	responsibility of monitoring and protecting the health, safety,
225	and well-being of each child performer who the teacher has been
226	hired to teach during the time that the teacher is required to
227	be present.
228	(c)  The certified teacher, parent, or legal guardian may
229	refuse to allow the engagement of the child performer at the
230	place of employment. Any party may report to the division
231	conditions threatening the health, safety, or well-being of the
232	child performer. It is the ultimate responsibility of the parent
233	or legal guardian to ensure that the safety, health, and well-
234	being of the child are being protected. A certified teacher
235	shall be present during the time reserved for school, except
236	that a child performer younger than 16 years of age does not
237	require the presence of a certified teacher for up to 1 hour for
238	wardrobe, makeup, hairdressing, promotional publicity, personal
239	appearances, or audio recording if these activities are not
240	located on the actual site of filming or at the theatre or if
241	school is not in session, and if the parent or legal guardian is
242	present within earshot or eyesight of the child performer.
243	(5)  TRUST ACCOUNT FOR CHILD PERFORMERS.-
244	(a)  Each time a child performer is employed in the
245	entertainment industry in this state under a contract in an
246	amount equal to or greater than $1,000, a trust account shall be
247	created for the child performer.
248	(b)  The parent, legal guardian, or trustee is responsible
249	for establishing a trust account for the child performer in the
250	child performer's state of residence for the sole benefit of the
251	child performer within 7 business days after the child
252	performer's employment contract is signed. The child performer
253	shall not have access to the trust account until the child
254	performer is 18 years of age or becomes legally emancipated.
255	(c)  The parent, legal guardian, or trustee shall provide
256	the employer with a trustee statement within 15 days after the
257	start of employment. Upon receiving the trustee statement, the
258	employer shall provide the parent, legal guardian, or trustee
259	with a written acknowledgement of receipt.
260	(d)  If the trustee statement is not provided to the
261	employer within 90 days after the start of employment, the
262	employer shall refer the matter to the circuit court. The
263	circuit court shall have continuing jurisdiction over the trust
264	account.
265	(e)  The employer shall deposit not less than 15 percent of
266	the child performer's gross earnings directly into the child
267	performer's trust account within 15 business days after the
268	child has performed. If the account is not established, the
269	employer shall withhold 15 percent of the gross income until a
270	trust account is established or until the court orders
271	otherwise. After the employer deposits 15 percent of the gross
272	earnings in the trust account, the employer shall have no
273	further obligation to monitor the funds.
274	(f)  After the funds are deposited in the trust account,
275	only the trustee is obligated to monitor and account for the
276	funds.
277	(6)  SAFETY REQUIREMENTS FOR CHILD PERFORMERS.-
278	(a)  A dressing room may not be occupied simultaneously by
279	a child and an adult performer or by children of the opposite
280	sex.
281	(b)  It is the responsibility of the employer to provide a
282	safe, secure shelter for child performers 17 years of age or
283	younger to rest when required to be at the place of employment
284	during nonperformance times.
285	(c)  An employer may not cause, induce, entice, or permit a
286	child performer to engage in or be used for sexually exploitive
287	material for the purpose of producing a performance. A child
288	performer may not be depicted in any media as appearing to
289	participate in a sex act.
290	(7)  WAGE CLAIMS.-
291	(a)  A determination of which child performer may have an
292	attorney appointed in order to assist the child in filing a wage
293	claim shall be based on the child's earnings. A child performer
294	earning less than one and one-half times the state's average
295	weekly wages, as determined by the agency, shall be considered
296	financially unable to employ an attorney.
297	(b)  Wage claim forms must be completed in duplicate,
298	signed, and notarized.
299	(c)  The agency shall notify the affected employer of any
300	wage claim filed against him or her and allow at least 10 days
301	for the employer to file a written response. If the employer
302	disputes the claim, his or her written response shall be given
303	to the child employee's attorney, who shall be allowed 10 days
304	in which to rebut the claim in writing.
305	(d)  The agency may schedule an administrative hearing if,
306	in its judgment, it would facilitate resolution of the
307	complaint. The conduct of the hearing is not governed by the
308	Administrative Procedures Act, but rather by procedures
309	established by the agency.
310	(e)  The agency may issue a subpoena duces tecum to compel
311	the production of records it believes are necessary for the
312	resolution of the complaint.
313	(f)  The agency may issue written findings whenever it has
314	sufficient evidence upon which to base its determination.
315	(g)  The agency may accept a notarized acknowledgment of
316	indebtedness from the employer if the agency believes it is the
317	best way to resolve the complaint.
318	(h)  The agency may file complaints in any court in the
319	state in order to resolve wage disputes or correct violations
320	arising under this section.
321	(i)  The agency shall obtain a written assignment form
322	signed by the child performer or his or her attorney and
323	notarized before initiating any legal action in any court of any
324	jurisdiction after a thorough investigation and determination
325	that the claim is valid.
326	(j)  The agency may file a proof of claim on behalf of any
327	child performer in any United States bankruptcy court if a child
328	performer files a wage claim and if, in the agency's judgment,
329	it is appropriate for the resolution of the claim.
330	(8)  NONISSUANCE OR NONRENEWAL OF PREAUTHORIZATION
331	CERTIFICATE; REDETERMINATION REQUEST AND PROCEDURES.-
332	(a)  The division director may for cause refuse to issue or
333	renew a preauthorization certificate to any project that has
334	violated any provision of this section within a 2-year period.
335	(b)  The director shall notify the employer within 10 days
336	after the dates requested of a nonissuance or nonrenewal of a
337	preauthorization certificate.
338	(c)  Any affected party may request a reconsideration of
339	the director's actions, in writing, within 10 days.
340	(d)  The director may schedule an administrative hearing
341	if, in his or her judgment, it would facilitate resolution of
342	the complaint. The conduct of the hearing is not governed by the
343	Administrative Procedures Act, but rather by procedures
344	established by the Agency for Workforce Innovation.
345	(e)  The director may issue a subpoena duces tecum to
346	compel the production of records he or she believes are
347	necessary for the resolution of the complaint.
348	(f)  The director may issue written findings whenever he or
349	she has sufficient evidence upon which to base his or her
350	determination.
351	Section 2.  For the purpose of incorporating the amendment
352	made by this act to section 450.132, Florida Statutes, in a
353	reference thereto, paragraph (b) of subsection (1) of section
354	450.021, Florida Statutes, is reenacted to read:
355	450.021  Minimum age; general.-
356	(1)  Minors of any age may be employed:
357	(b)  By the entertainment industry as prescribed in ss.
358	450.012 and 450.132.
359	Section 3.  For the purpose of incorporating the amendment
360	made by this act to section 450.132, Florida Statutes, in a
361	reference thereto, paragraph (b) of subsection (2) of section
362	562.13, Florida Statutes, is reenacted to read:
363	562.13  Employment of minors or certain other persons by
364	certain vendors prohibited; exceptions.-
365	(2)  This section shall not apply to:
366	(b)  Minors employed in the entertainment industry, as
367	defined by s. 450.012(5), who have either been granted a waiver
368	under s. 450.095 or employed under the terms of s. 450.132 or
369	under rules adopted pursuant to either of these sections.
370
371	However, a minor to whom this subsection otherwise applies may
372	not be employed if the employment, whether as a professional
373	entertainer or otherwise, involves nudity, as defined in s.
374	847.001, on the part of the minor and such nudity is intended as
375	a form of adult entertainment.
376	Section 4.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.