Bill Text: FL S0278 | 2011 | Regular Session | Introduced


Bill Title: Employment of Children/Entertainment Industry

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0278 Detail]

Download: Florida-2011-S0278-Introduced.html
       Florida Senate - 2011                                     SB 278
       
       
       
       By Senator Joyner
       
       
       
       
       18-00417-11                                            2011278__
    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
    5         employment of children in the entertainment industry;
    6         providing responsibilities of employers and parents or
    7         legal guardians of such children; requiring a
    8         preauthorization certificate for each child; providing
    9         duties of the Division of Regulation within the
   10         Department of Business and Professional Regulation;
   11         providing limitations on the working hours of child
   12         performers; providing certification requirements and
   13         duties of teachers and trainers of child performers;
   14         requiring a trust account for certain children
   15         employed in the entertainment industry; providing
   16         safety requirements for child performers; providing
   17         criteria for wage claims; providing requirements for
   18         the Agency for Workforce Innovation in resolving such
   19         claims; providing grounds under which the Division of
   20         Regulation may refuse to issue or renew a
   21         preauthorization certificate and procedures for
   22         challenging such a determination; reenacting ss.
   23         450.021(1)(b) and 562.13(2)(b), F.S., relating to the
   24         employment of minors in this state, to incorporate the
   25         amendments made to s. 450.132, F.S., in references
   26         thereto; providing an effective date.
   27  
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Section 450.132, Florida Statutes, is amended to
   31  read:
   32         (Substantial rewording of section. See
   33         s. 450.132, F.S., for present text.)
   34         450.132 Employment of children by the entertainment
   35  industry; rules; procedures; trust accounts.—
   36         (1) DEFINITIONS.—As used in this section, the term:
   37         (a) “Agency” means the Agency for Workforce Innovation.
   38         (b) “Certified teacher” means any person who holds a valid
   39  and current Florida teaching certificate issued by the
   40  Department of Education or its equivalent issued by any state,
   41  territory, possession, or other jurisdiction of the United
   42  States.
   43         (c) “Child” or “minor” has the same meaning as in s.
   44  450.012.
   45         (d) “Child performer” means a child employed to act or
   46  otherwise participate in the performing arts, including, but not
   47  limited to, motion pictures, theatrical, radio, or television
   48  products.
   49         (e) “Division” means the Division of Regulation within the
   50  Department of Business and Professional Regulation.
   51         (f) “Employ” includes suffer or permit to work.
   52         (g) “Employee” means a person whose work is controlled by
   53  an employer as to how and when to perform the task.
   54         (h) “Entertainment industry” has the same meaning as in s.
   55  450.012.
   56         (i) “Hazardous condition means, but is not limited to,
   57  special effects that could potentially be physically dangerous
   58  to the child performer.
   59         (j) “Legal guardian” means a person appointed as a guardian
   60  by a court.
   61         (k) “Place of employment,” including the “movie set,”
   62  “worksite,” “set,” and “location,” means the actual location in
   63  this state where a person provides his or her services, whether
   64  paid or unpaid, as a performer.
   65         (l) “Safety” means the condition of being protected from
   66  any situation that is detrimental to the child’s health and
   67  well-being.
   68         (m) “Wage claim” means a document signed by the attorney
   69  for a child performer giving the Agency for Workforce Innovation
   70  authority to investigate a complaint of unpaid wages.
   71         (n) “Wages” means all amounts at which the labor or service
   72  rendered is paid, whether the amount is fixed or on a time,
   73  task, piece, or commission basis.
   74         (2) EMPLOYMENT OF CHILDREN IN THE ENTERTAINMENT INDUSTRY.—
   75         (a) Any person who employs a child performer in the
   76  entertainment industry must obtain a preauthorization
   77  certificate issued by the division before the start of work. The
   78  preauthorization certificate must include the project name; the
   79  estimated dates and length of the project; the employer’s name
   80  and Florida address; contact information for at least three
   81  individuals, including name, address, and telephone numbers; and
   82  the child performer’s information, including name, address, date
   83  of birth, where the child is registered to attend school, grade
   84  level of the child, special educational needs, anticipated
   85  length of employment on the project, nature of work on the
   86  project, and a list of any possible exposure to potentially
   87  hazardous materials or substances. A signature is required from
   88  the employer certifying compliance with all requirements of the
   89  preauthorization certificate.
   90         (b) A preauthorization certificate for a child performer
   91  may be issued only by the division.
   92         (c)1.Before issuing a preauthorization certificate, the
   93  employer shall provide to the division a certification of
   94  teaching compliance for each certified teacher employed to teach
   95  the child performer. The certificate of teaching compliance must
   96  state the certified teacher’s appropriate teaching credentials
   97  to teach grade levels kindergarten through 12 or to teach the
   98  level of education required for the child performer at the place
   99  of employment.
  100         2. The employer must provide to the division a written
  101  criminal history check on all certified teachers on the movie
  102  set or at the place of employment. It is the responsibility of
  103  the employer, parent, legal guardian, and certified teacher to
  104  report any arrest or conviction record and any other information
  105  that may present a possible danger to the health, safety, or
  106  well-being of the child performer.
  107         (d) It is the responsibility of the employer to obtain a
  108  child performer preauthorization certificate before the
  109  employment begins. The employer must be able to provide a copy
  110  at the worksite when requested to do so. The division shall
  111  retain a copy of the preauthorization certificate.
  112         (e) The child performer preauthorization certificate is
  113  valid for 1 year after the date it is issued or until the
  114  specific project for which the child is employed by the employer
  115  ceases, whichever occurs first.
  116         (f) A signature is required from the child performer if the
  117  child is 14 years of age or older.
  118         (g) A preauthorization certificate may not be given or
  119  issued without the signature of a parent or legal guardian
  120  indicating his or her permission for his or her child to work on
  121  a specific project. A parent or legal guardian must be within
  122  eyesight and earshot of the child performer at all times other
  123  than the time periods in which the child is with a certified
  124  teacher when the teacher is teaching school.
  125         (h) The parent or legal guardian of the child performer may
  126  contact the division to renew the preauthorization certificate
  127  30 days before its expiration.
  128         (i)1. It is the responsibility of the employer to provide a
  129  certified trainer or technician accredited in a United States
  130  Department of Labor occupational safety and health administered
  131  and certified safety program at the place of employment at all
  132  times when a child performer may be exposed to a potentially
  133  hazardous condition.
  134         2. The employer must provide to the division a written
  135  criminal history check on all certified trainers and technicians
  136  on the movie set. It is the responsibility of the employer,
  137  parent, legal guardian, and certified trainer or technician to
  138  report any arrest or conviction record and any other information
  139  that may present a possible danger to the health, safety, or
  140  well-being of the child performer.
  141         (3) LIMITATIONS ON CHILD PERFORMERS’ WORKING HOURS,
  142  INCLUDING SCHOOL TIME.—
  143         (a) All child performers who are at least 6 years of age
  144  but younger than 18 years of age must be provided with a
  145  certified teacher for each group of 10 or fewer child performers
  146  when school is in session.
  147         (b) A child performer may not begin work before 5 a.m. or
  148  continue work after 10 p.m. on evenings preceding a school day.
  149  A child performer may not work later than midnight on a day
  150  preceding a nonschool day. The time that a child performer may
  151  be permitted at the place of employment may be extended by one
  152  half hour for a meal period.
  153         (c)1.An infant who is at least 15 days of age but younger
  154  than 7 months of age may not be employed as a child performer
  155  unless a physician, who is a board-certified pediatrician,
  156  provides a written certification that the infant is physically
  157  capable of handling the stress of filmmaking. With the
  158  physician’s approval, the infant performer may be at the place
  159  of employment a maximum of 2 hours and may not work more than 20
  160  minutes. Infants may work up to 2 cumulative hours in any 24
  161  hour period.
  162         2.A child performer who is at least 7 months of age but
  163  younger than 3 years of age may be at the place of employment
  164  for up to 4 hours and may work up to 2 hours. The remaining time
  165  must be reserved for the child performer’s rest and recreation.
  166         3.A child performer who is at least 3 years of age but
  167  younger than 6 years of age may be at the place of employment
  168  for up to 6 hours and may work up to 3 hours. The remaining time
  169  must be reserved for the child performer’s rest and recreation.
  170         (d)1. When school is in session, each child performer who
  171  is at least 6 years of age but younger than 9 years of age may
  172  be at the place of employment for up to 8 hours; the sum of 4
  173  hours of work, 3 hours of school, and 1 hour of rest and
  174  recreation. If school is not in session, work time may be
  175  increased up to 6 hours, with the remaining time reserved for
  176  the child performer’s rest and recreation.
  177         2. When school is in session, Each child performer who is
  178  at least 9 years of age but younger than 16 years of age may be
  179  at the place of employment for up to 9 hours, the sum of 5 hours
  180  of work, 3 hours of school, and 1 hour of rest and recreation.
  181  If school is not in session, work time may be increased up to 7
  182  hours, with the remaining time reserved for the child
  183  performer’s rest and recreation.
  184         3.If school is in session, a child performer who is at
  185  least 16 years of age but younger than 18 years of age may be at
  186  the place of employment for up to 10 hours, the sum of 6 hours
  187  of work, 3 hours of school, and 1 hour of rest and recreation.
  188  If school is not in session, work time may be increased up to 8
  189  hours, with the remaining time reserved for the child
  190  performer’s rest and recreation.
  191         (e) In exceptional circumstances due to unusual performance
  192  requirements, the division may grant a temporary waiver of the
  193  mandatory hours and start-to-finish times. The waiver must be
  194  granted before the performances of the work that is the subject
  195  of the waiver. The division may grant a waiver only under the
  196  following circumstances:
  197         1. Written notification is provided which includes a list
  198  of specific dates and times that the child performer shall be
  199  employed or present at the place of employment.
  200         2. Written acknowledgement is provided that the child
  201  performer’s parent or legal guardian has been fully informed of
  202  the circumstances and has granted advance consent.
  203         (f) The child performer must be provided with a 12-hour
  204  rest and recreation break at the end of each workday.
  205         (g) All time spent traveling from a studio to a location or
  206  from a location to a studio counts as part of the child’s
  207  workday. When a child is with a company on a location that is
  208  sufficiently distant and requires an overnight stay, and the
  209  child is required to travel daily between the living quarters
  210  and the place where the company is actually working, the time
  211  the child spends traveling does not count as work time, provided
  212  the company does not spend more than 45 minutes traveling each
  213  way and furnishes the necessary transportation.
  214         (4) CERTIFICATION AND DUTIES OF CERTIFIED TEACHERS.—
  215         (a) A certified teacher of a child performer who attends a
  216  public school must possess a valid and current teaching
  217  certificate issued by the Department of Education. A certified
  218  teacher of a child performer who attends a private school or of
  219  a nonresident child performer must possess a valid and current
  220  teaching certificate from another state, territory, possession,
  221  or other jurisdiction of the United States to teach grade levels
  222  kindergarten through 12 or to teach the level of education
  223  required for the child performer at the place of employment.
  224         (b) A certified teacher has, in addition to teaching and in
  225  conjunction with the parent or legal guardian, the
  226  responsibility of monitoring and protecting the health, safety,
  227  and well-being of each child performer who the teacher has been
  228  hired to teach during the time that the teacher is required to
  229  be present.
  230         (c) The certified teacher, parent, or legal guardian may
  231  refuse to allow the engagement of the child performer at the
  232  place of employment. Any party may report to the division
  233  conditions threatening the health, safety, or well-being of the
  234  child performer. It is the ultimate responsibility of the parent
  235  or legal guardian to ensure that the safety, health, and well
  236  being of the child are being protected. A certified teacher
  237  shall be present during the time reserved for school, except
  238  that a child performer younger than 16 years of age does not
  239  require the presence of a certified teacher for up to 1 hour for
  240  wardrobe, makeup, hairdressing, promotional publicity, personal
  241  appearances, or audio recording if these activities are not
  242  located on the actual site of filming or at the theatre or if
  243  school is not in session, and if the parent or legal guardian is
  244  present within earshot or eyesight of the child performer.
  245         (5) TRUST ACCOUNT FOR CHILD PERFORMERS.—
  246         (a) Each time a child performer is employed in the
  247  entertainment industry in this state under a contract in an
  248  amount equal to or greater than $1,000, a trust account shall be
  249  created for the child performer.
  250         (b) The parent, legal guardian, or trustee is responsible
  251  for establishing a trust account for the child performer in the
  252  child performer’s state of residence for the sole benefit of the
  253  child performer within 7 business days after the child
  254  performer’s employment contract is signed. The child performer
  255  shall not have access to the trust account until the child
  256  performer is 18 years of age or becomes legally emancipated.
  257         (c) The parent, legal guardian, or trustee shall provide
  258  the employer with a trustee statement within 15 days after the
  259  start of employment. Upon receiving the trustee statement, the
  260  employer shall provide the parent, legal guardian, or trustee
  261  with a written acknowledgement of receipt.
  262         (d) If the trustee statement is not provided to the
  263  employer within 90 days after the start of employment, the
  264  employer shall refer the matter to the circuit court. The
  265  circuit court shall have continuing jurisdiction over the trust
  266  account.
  267         (e) The employer shall deposit not less than 15 percent of
  268  the child performer’s gross earnings directly into the child
  269  performer’s trust account within 15 business days after the
  270  child has performed. If the account is not established, the
  271  employer shall withhold 15 percent of the gross income until a
  272  trust account is established or until the court orders
  273  otherwise. After the employer deposits 15 percent of the gross
  274  earnings in the trust account, the employer shall have no
  275  further obligation to monitor the funds.
  276         (f) After the funds are deposited in the trust account,
  277  only the trustee is obligated to monitor and account for the
  278  funds.
  279         (6) SAFETY REQUIREMENTS FOR CHILD PERFORMERS.—
  280         (a) A dressing room may not be occupied simultaneously by a
  281  child and an adult performer or by children of the opposite sex.
  282         (b) It is the responsibility of the employer to provide a
  283  safe, secure shelter for child performers 17 years of age or
  284  younger to rest when required to be at the place of employment
  285  during nonperformance times.
  286         (c) An employer may not cause, induce, entice, or permit a
  287  child performer to engage in or be used for sexually exploitive
  288  material for the purpose of producing a performance. A child
  289  performer may not be depicted in any media as appearing to
  290  participate in a sex act.
  291         (7) WAGE CLAIMS.—
  292         (a) A determination of which child performer may have an
  293  attorney appointed in order to assist the child in filing a wage
  294  claim shall be based on the child’s earnings. A child perfomer
  295  earning less than one and one-half times the state’s average
  296  weekly wages, as determined by the agency, shall be considered
  297  financially unable to employ an attorney.
  298         (b) Wage claim forms must be completed in duplicate,
  299  signed, and notarized.
  300         (c) The agency shall notify the affected employer of any
  301  wage claim filed against him or her and allow at least 10 days
  302  for the employer to file a written response. If the employer
  303  disputes the claim, his or her written response shall be given
  304  to the child employee’s attorney, who shall be allowed 10 days
  305  in which to rebut the claim in writing.
  306         (d) The agency may schedule an administrative hearing if,
  307  in its judgment, it would facilitate resolution of the
  308  complaint. The conduct of the hearing is not governed by the
  309  Administrative Procedures Act, but rather by procedures
  310  established by the agency.
  311         (e) The agency may issue a subpoena duces tecum to compel
  312  the production of records it believes are necessary for the
  313  resolution of the complaint.
  314         (f) The agency may issue written findings whenever it has
  315  sufficient evidence upon which to base its determination.
  316         (g) The agency may accept a notarized acknowledgment of
  317  indebtedness from the employer if the agency believes it is the
  318  best way to resolve the complaint.
  319         (h) The agency may file complaints in any court in the
  320  state in order to resolve wage disputes or correct violations
  321  arising under this section.
  322         (i) The agency shall obtain a written assignment form
  323  signed by the child performer or his or her attorney and
  324  notarized before initiating any legal action in any court of any
  325  jurisdiction after a thorough investigation and determination
  326  that the claim is valid.
  327         (j) The agency may file a proof of claim on behalf of any
  328  child performer in any United States bankruptcy court if a child
  329  performer files a wage claim and if, in the agency’s judgment,
  330  it is appropriate for the resolution of the claim.
  331         (8) NONISSUANCE OR NONRENEWAL OF PREAUTHORIZATION
  332  CERTIFICATE; REDETERMINATION REQUEST AND PROCEDURES.—
  333         (a) The division director may for cause refuse to issue or
  334  renew a preauthorization certificate to any project that has
  335  violated any provision of this section within a 2-year period.
  336         (b) The director shall notify the employer within 10 days
  337  after the dates requested of a nonissuance or nonrenewal of a
  338  preauthorization certificate.
  339         (c) Any affected party may request a reconsideration of the
  340  director’s actions, in writing, within 10 days.
  341         (d) The director may schedule an administrative hearing if,
  342  in his or her judgment, it would facilitate resolution of the
  343  complaint. The conduct of the hearing is not governed by the
  344  Administrative Procedures Act, but rather by procedures
  345  established by the Agency for Workforce Innovation.
  346         (e) The director may issue a subpoena duces tecum to compel
  347  the production of records he or she believes are necessary for
  348  the resolution of the complaint.
  349         (f) The director may issue written findings whenever he or
  350  she has sufficient evidence upon which to base his or her
  351  determination.
  352         Section 2. For the purpose of incorporating the amendment
  353  made by this act to section 450.132, Florida Statutes, in a
  354  reference thereto, paragraph (b) of subsection (1) of section
  355  450.021, Florida Statutes, is reenacted to read:
  356         450.021 Minimum age; general.—
  357         (1) Minors of any age may be employed:
  358         (b) By the entertainment industry as prescribed in ss.
  359  450.012 and 450.132.
  360         Section 3. For the purpose of incorporating the amendment
  361  made by this act to section 450.132, Florida Statutes, in a
  362  reference thereto, paragraph (b) of subsection (2) of section
  363  562.13, Florida Statutes, is reenacted to read:
  364         562.13 Employment of minors or certain other persons by
  365  certain vendors prohibited; exceptions.—
  366         (2) This section shall not apply to:
  367         (b) Minors employed in the entertainment industry, as
  368  defined by s. 450.012(5), who have either been granted a waiver
  369  under s. 450.095 or employed under the terms of s. 450.132 or
  370  under rules adopted pursuant to either of these sections.
  371  
  372  However, a minor to whom this subsection otherwise applies may
  373  not be employed if the employment, whether as a professional
  374  entertainer or otherwise, involves nudity, as defined in s.
  375  847.001, on the part of the minor and such nudity is intended as
  376  a form of adult entertainment.
  377         Section 4. This act shall take effect July 1, 2011.

feedback