Florida Senate - 2010                                    SB 1316 
 
By Senator Joyner 
18-01071-10                                           20101316__ 
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         providing definitions; providing regulations for the 
5         employment of children in the entertainment industry; 
6         providing responsibilities of employers and parents or 
7         legal guardians of such children; providing duties of 
8         the Division of Regulation within the Department of 
9         Business and Professional Regulation; providing 
10         limitations on the working hours of child performers; 
11         providing certification requirements and duties of 
12         teachers of child performers; requiring a trust 
13         account for certain children employed in the 
14         entertainment industry; providing safety requirements 
15         for child performers; providing criteria for wage 
16         claims; providing grounds for refusal to issue or 
17         renew a preauthorization certificate and procedures 
18         for challenging such a determination; providing an 
19         effective date. 
20 
21  Be It Enacted by the Legislature of the State of Florida: 
22 
23         Section 1. Section 450.132, Florida Statutes, is amended to 
24  read: 
25         Substantial rewording of section. See 
26         s. 450.132, F.S., for present text.) 
27         450.132 Employment of children by the entertainment 
28  industry; rules; procedures; trust accounts.— 
29         (1) DEFINITIONS.—As used in this section, the term: 
30         (a) “Certified teacher” means any person who holds a valid 
31  and current Florida teaching certificate issued by the 
32  Department of Education or its equivalent issued by any state, 
33  territory, possession, or other jurisdiction of the United 
34  States. 
35         (b) “Child” or “minor” has the same meaning as in s. 
36  450.012(3), and includes minors under the age of 6. 
37         (c) “Child performer” means a minor employed to act or 
38  otherwise participate in the performing arts, including, but not 
39  limited to, motion pictures, theatrical, radio, or television 
40  products. 
41         (d) “Division” means the Division of Regulation within the 
42  Department of Business and Professional Regulation. 
43         (e) “Employ” includes suffer or permit to work. 
44         (f) “Employee” means a person whose work is controlled by 
45  an employer as to how and when to perform the task. 
46         (g) “Entertainment industry” has the same meaning as in s. 
47  450.012(5). 
48         (h) “Exempt” means an employee who is exempt from minimum 
49  wage or overtime provisions. In order for an employee to be 
50  exempt under the executive category, the employee must meet all 
51  of the following requirements: 
52         1. The employee’s primary duty is to perform nonmanual work 
53  related to business management. 
54         2. The employee exercises discretion. 
55         3. The employee regularly assists executives or performs 
56  specialized work or special assignments. 
57         4. The employee performs less than 20 percent nonexempt 
58  work. 
59         (i) “Hazardous occupation” means any occupation determined 
60  to be hazardous by the Federal Fair Labor Standards Act. 
61         (j) “Independent contractor” means a person who works free 
62  from the control of the employer as defined by the Internal 
63  Revenue Service. 
64         (k) “Legal guardian” means a person appointed as a guardian 
65  by a court. 
66         (l) “Overtime” means hours worked after 40 hours in a 7-day 
67  work week. Overtime shall be computed at time and one-half of 
68  the employee’s regular rate of pay. 
69         (m) “Pay periods” means the days between paydays. 
70         (n) “Paydays” means designated days on which employees 
71  shall be paid. Paydays may not be more than 16 days apart, 
72  except for professional, administrative, or executive employees 
73  or employees employed in the capacity of outside salesman, as 
74  those terms are defined under the Federal Fair Labor Standards 
75  Act. 
76         (o) “Place of employment,” “work location,” “movie set,” 
77  “set,” and “location” mean the actual worksite where any person 
78  provides services, whether paid or unpaid, in this state as a 
79  performer. 
80         (p) “Safety” means the condition of being protected from 
81  any situation that is detrimental to the child’s health and 
82  well-being. 
83         (q) “Travel time” means time spent by an employee in travel 
84  as part of his or her principal activity, such as travel from 
85  job site to job site, which must be counted as hours worked. 
86         (r) “Wage claim” means a document signed by an employee 
87  that gives the Agency for Workforce Innovation authority to 
88  investigate a complaint of unpaid wages. 
89         (s) “Wages” means all amounts at which the labor or service 
90  rendered is paid, whether the amount is fixed or on a time, 
91  task, piece, or commission basis. 
92         (t) “Work permit” means a permit that is issued by a 
93  designated school official or an agent of the Agency for 
94  Workforce Innovation and that allows a child under the age of 16 
95  to work under certain conditions. 
96         (u) “Written authorization” means a document an employee 
97  signs at the time of hiring which gives the employer permission 
98  to deduct certain items from the employee’s pay. A written 
99  authorization is not needed for an employer to deduct an advance 
100  or overpayment of wages, but the employer must pay the employee 
101  at least minimum wage times the hours worked. 
102         (2) EMPLOYMENT OF CHILDREN IN THE ENTERTAINMENT INDUSTRY.— 
103         (a) Any person who employs an actor or performer 17 years 
104  of age or younger in the entertainment industry must obtain a 
105  preauthorization certificate issued by the division prior to the 
106  start of work. The preauthorization certificate shall include 
107  the project name; the estimated dates and length of the project; 
108  the employer’s name and Florida address; contact information for 
109  at least three individuals, including name, address, and 
110  telephone numbers; and the child performer’s information, 
111  including name, address, date of birth, where the child is 
112  registered to attend school, grade level of the child, special 
113  educational needs, anticipated length of employment on the 
114  project, nature of work on the project, and a list of any 
115  possible exposure to potentially hazardous materials or 
116  substances. A signature shall be required from the child 
117  performer if the child is 14 years of age or older. A signature 
118  shall be required from the parent or legal guardian giving the 
119  child permission to be employed in the entertainment industry. A 
120  signature shall be required from the employer certifying 
121  compliance with all requirements of the preauthorization 
122  certificate. 
123         (b) It is the responsibility of the employer to obtain a 
124  child performer preauthorization certificate before the 
125  employment begins. The employer must be able to provide a copy 
126  at the worksite when requested to do so. The division shall 
127  retain a copy of the preauthorization certificate. 
128         (c) The child performer preauthorization certificate is 
129  valid for 1 year after the date it was issued or until the 
130  specific project for which the child is employed by the employer 
131  who makes the application for the preauthorization ceases, 
132  whichever occurs first. 
133         (d) The parent or legal guardian of the child performer may 
134  contact the division to renew the preauthorization certificate 
135  30 days prior to its expiration. 
136         (e) A preauthorization certificate for a child performer 
137  may be issued only by the division. 
138         (f) No preauthorization certificate shall be given or 
139  issued without a signature of a parent or legal guardian 
140  indicating his or her permission for his or her child to work on 
141  the specific project. A parent or legal guardian must be within 
142  eyesight and earshot of the child performer at all times other 
143  than the time periods in which certified teachers are teaching 
144  school. 
145         (g) Prior to issuance of the preauthorization certificate, 
146  the employer must provide to the division a certification of 
147  compliance for the certified teacher with appropriate teaching 
148  credentials to teach grade levels kindergarten through 12 or to 
149  teach the level of education required for the child performer at 
150  the place of employment. 
151         (h) It is the responsibility of the employer to provide a 
152  certified trainer or technician accredited in a United States 
153  Department of Labor occupational safety and health administered 
154  and certified safety program at the place of employment at all 
155  times when a child performer may be exposed to potentially 
156  hazardous conditions. Hazardous conditions include, but are not 
157  limited to, special effects that could potentially be physically 
158  dangerous to the child performer. 
159         (i) The employer must provide to the division a written 
160  criminal history check on all certified teachers and certified 
161  trainers and technicians on the movie set. It is the 
162  responsibility of the employer, parent, legal guardian, and 
163  certified teacher, trainer, or technician to report any arrest 
164  or conviction record and any other information that may present 
165  a possible danger to the health, safety, and well-being of the 
166  child performer. 
167         (3) LIMITATIONS ON CHILD PERFORMERS’ WORKING HOURS, 
168  INCLUDING SCHOOL TIME.— 
169         (a) All child performers at least 6 years of age but less 
170  than 18 years of age must be provided with a certified teacher 
171  for each group of 10 or fewer child performers when school is in 
172  session. 
173         (b) Child performers may not begin work before 5 a.m. or 
174  continue work after 10 p.m. on evenings preceding school days. 
175  Child performers may not work later than midnight on days 
176  preceding nonschool days. The time the child performer may be 
177  permitted at the place of employment may be extended by one-half 
178  hour for a meal period. 
179         (c) Infants at least 15 days of age but less than 7 months 
180  of age may not be employed as child performers unless a 
181  physician who is board-certified in pediatrics provides a 
182  written certification that the infant is at least 15 days old 
183  and is physically capable of handling the stress of filmmaking. 
184  With the physician’s approval, the infant performer may be at 
185  the place of employment a maximum of 2 hours and may not work 
186  more than 20 minutes. Infants may work up to 2 cumulative hours 
187  in any 24-hour period. 
188         (d) Child performers at least 7 months of age but less than 
189  3 years of age may be at the place of employment for up to 4 
190  hours and may work up to 2 hours. The remaining time must be 
191  reserved for the child performer’s rest and recreation. 
192         (e) Child performers at least 3 years of age but less than 
193  6 years of age may be at the place of employment for up to 6 
194  hours and may work up to 3 hours. The remaining time must be 
195  reserved for the child performer’s rest and recreation. 
196         (f) When school is in session, child performers at least 6 
197  years of age but less than 9 years of age may be at the place of 
198  employment for up to 8 hours, the sum of 4 hours of work, 3 
199  hours of school, and 1 hour of rest and recreation. When school 
200  is not in session, work time may be increased up to 6 hours, 
201  with the remaining time reserved for the child performer’s rest 
202  and recreation. 
203         (g) When school is in session, child performers at least 9 
204  years of age but less than 16 years of age may be at the place 
205  of employment for up to 9 hours, the sum of 5 hours of work, 3 
206  hours of school, and 1 hour of rest and recreation. When school 
207  is not in session, work time may be increased up to 7 hours, 
208  with the remaining time reserved for the child performer’s rest 
209  and recreation. 
210         (h) When school is in session, child performers at least 16 
211  years of age but less than 18 years of age may be at the place 
212  of employment for up to 10 hours, the sum of 6 hours of work, 3 
213  hours of school, and 1 hour of rest and recreation. When school 
214  is not in session, work time may be increased up to 8 hours, 
215  with the remaining time reserved for the child performer’s rest 
216  and recreation. 
217         (i) In exceptional circumstances due to unusual performance 
218  requirements, the division may grant a temporary waiver of the 
219  mandatory hours and start-to-finish times. Such waiver must be 
220  granted prior to the performances of the work that is the 
221  subject of the waiver. The division may grant a waiver only 
222  under the following circumstances: 
223         1. Written notification is provided which includes a list 
224  of specific dates and times that the child performer shall be 
225  employed or present at the place of employment. 
226         2. Written acknowledgement is provided that the child 
227  performer’s parent or legal guardian has been fully informed of 
228  the circumstances and has granted advance consent. 
229         (j) The child performer must be provided with a 12-hour 
230  rest and recreation break at the end of each workday. 
231         (k) All time spent traveling from a studio to a location or 
232  from a location to a studio shall count as part of the minor’s 
233  workday. When a minor is with a company on a location that is 
234  sufficiently distant and requires an overnight stay, and the 
235  minor is required to travel daily between living quarters and 
236  the place where the company is actually working, the time the 
237  minor spends traveling shall not count as work time, provided 
238  the company does not spend more than 45 minutes traveling each 
239  way and furnishes the necessary transportation. 
240         (4) CERTIFICATION AND DUTIES OF CERTIFIED TEACHERS.— 
241         (a) A certified teacher of a resident student who attends a 
242  public school must possess a valid and current teaching 
243  certificate issued by the Department of Education. A certified 
244  teacher of a resident student of a private school or a 
245  nonresident student must possess a valid and current teaching 
246  certificate from another state, territory, possession, or other 
247  jurisdiction of the United States to teach grade levels 
248  kindergarten through 12 or to teach the level of education 
249  required for the child performer at the place of employment. 
250         (b) A certified teacher shall, in addition to teaching and 
251  in conjunction with the parent or legal guardian, also have the 
252  responsibility of monitoring and protecting the health, safety, 
253  and well-being of each child performer that teacher has been 
254  hired to teach during the time that teacher is required to be 
255  present. 
256         (c) The certified teacher, parent, or legal guardian may 
257  refuse to allow the engagement of the child performer at the 
258  place of employment. Any party may report to the division 
259  conditions threatening the health, safety, and well-being of the 
260  child performer. It is the ultimate responsibility of the parent 
261  or legal guardian to ensure that the safety, health, and well 
262  being of the child are being protected. A certified teacher must 
263  be present during the time reserved for school, except that 
264  child performers under the age of 16 do not require the presence 
265  of a certified teacher for up to 1 hour for wardrobe, makeup, 
266  hairdressing, promotional publicity, personal appearances, or 
267  audio recording if these activities are not located on the 
268  actual site of filming or at the theatre or if school is not in 
269  session, and if the parent or legal guardian is present within 
270  earshot or eyesight of the child performer. 
271         (5) TRUST ACCOUNT FOR CHILD PERFORMERS.— 
272         (a) Each time a child performer is employed in the 
273  entertainment industry in this state with a contract equal or 
274  greater than $1,000, a trust account shall be created for the 
275  child performer. 
276         (b) It is the responsibility of the parent, legal guardian, 
277  or trustee to set up a trust account for the child performer in 
278  the child performer’s state of residence for the sole benefit of 
279  the child performer within 7 business days after the child 
280  performer’s employment contract is signed. The child performer 
281  shall not have access to the trust account until the child 
282  performer is 18 years of age or becomes legally emancipated. 
283         (c) The parent, legal guardian, or trustee shall provide 
284  the employer with a trustee statement within 15 days after the 
285  start of employment. Upon receiving the trustee statement, the 
286  employer shall provide the parent, legal guardian, or trustee 
287  with a written acknowledgement of receipt. 
288         (d) If the trustee statement is not provided to the 
289  employer within 90 days after the start of employment, the 
290  employer shall refer the matter to district court. The district 
291  court shall have continuing jurisdiction over the trust. 
292         (e) The employer shall deposit not less than 15 percent of 
293  the child performer’s gross earnings directly into the child 
294  performer’s trust account within 15 business days after the work 
295  performance. If the account is not established, the employer 
296  shall withhold 15 percent of the gross income until a trust 
297  account is established or until the court orders otherwise. 
298  After the employer deposits 15 percent of the gross earnings in 
299  the trust account, the employer shall have no further obligation 
300  to monitor the funds. 
301         (f) After the funds are deposited in the trust account, 
302  only the trustee is obligated to monitor and account for the 
303  funds. 
304         (6) SAFETY REQUIREMENTS FOR CHILD PERFORMERS.— 
305         (a) No dressing room is to be occupied simultaneously by a 
306  minor and an adult performer or by minors of the opposite sex. 
307         (b) It is the responsibility of the employer to provide a 
308  safe, secure shelter for child performers 17 years of age or 
309  younger to rest when required to be at the place of employment 
310  during nonperformance times. 
311         (c) No employer may cause, induce, entice, or permit a 
312  child performer to engage in or be used for sexually exploitive 
313  material for the purpose of producing a performance. No child 
314  performer may be depicted in any media as appearing to 
315  participate in a sex act. 
316         (7) WAGE CLAIMS.— 
317         (a) Determination of employees who may file a wage claim 
318  because of inability to afford legal counsel shall be based on 
319  the employee’s earnings. An employee earning less than one and 
320  one-half times the state’s average weekly wages, as determined 
321  by the Agency for Workforce Innovation, shall be considered 
322  financially unable to employ counsel. 
323         (b) Wage claim forms must be completed in duplicate, 
324  signed, and notarized. 
325         (c) The agency shall notify the affected employer of any 
326  wage claim filed against him or her and allow at least 10 days 
327  for him or her to file a written response. If the employer 
328  disputes the claim, his or her written response shall be given 
329  to the employee, who shall be allowed 10 days in which to rebut 
330  the claim in writing. 
331         (d) The agency may schedule an administrative hearing if, 
332  in its judgment, it would facilitate resolution of the 
333  complaint. The conduct of the hearing is not governed by the 
334  Administrative Procedures Act, but rather by procedures 
335  established by the agency. 
336         (e) The agency may issue a subpoena duces tecum to compel 
337  the production of records it believes are necessary for the 
338  resolution of the complaint. 
339         (f) The agency may issue written findings whenever it has 
340  sufficient evidence upon which to base its determination. 
341         (g) The agency may accept a notarized acknowledgment of 
342  indebtedness from the employer if the agency believes it is the 
343  best way to resolve the complaint. 
344         (h) The agency may file complaints in any court in the 
345  state in order to resolve wage disputes or correct violations 
346  arising under this chapter. 
347         (i) The agency shall obtain a written assignment form 
348  signed by the employee and notarized before initiating any legal 
349  action in any court of any jurisdiction after a thorough 
350  investigation and determination that the claim is valid. 
351         (j) The agency may file a proof of claim on behalf of any 
352  employee in any United States bankruptcy court if an employee 
353  files a wage claim and if, in the agency’s judgment, it is 
354  appropriate for the resolution of the claim. 
355         (8) NONISSUANCE OR NONRENEWAL OF PREAUTHORIZATION 
356  CERTIFICATE; REDETERMINATION REQUEST AND PROCEDURES.— 
357         (a) The division director may for cause refuse to issue or 
358  renew a preauthorization certificate to any project that has 
359  violated any provision of this section within a 2-year period. 
360         (b) The director shall notify the employer within 10 days 
361  after the dates requested of a nonissuance or nonrenewal of a 
362  preauthorization certificate. 
363         (c) Any affected party may request a reconsideration of the 
364  director’s actions, in writing, within 10 days. 
365         (d) The director may schedule an administrative hearing if, 
366  in his or her judgment, it would facilitate resolution of the 
367  complaint. The conduct of the hearing is not governed by the 
368  Administrative Procedures Act, but rather by procedures 
369  established by the Agency for Workforce Innovation. 
370         (e) The director may issue a subpoena duces tecum to compel 
371  the production of records he or she believes are necessary for 
372  the resolution of the complaint. 
373         (f) The director may issue written findings whenever he or 
374  she has sufficient evidence upon which to base his or her 
375  determination. 
376         Section 2. This act shall take effect July 1, 2010.