Fla. Stat. § 450.061

Current through Chapter 226 of the 2024 Legislative Session
Section 450.061 - [Effective 7/1/2024] Hazardous occupations prohibited; exemptions
(1) No minor 15 years of age or younger, whether or not such person's disabilities of nonage have been removed by marriage or otherwise, shall be employed or permitted or suffered to work in any of the following occupations:
(a) In connection with power-driven machinery, except power mowers with cutting blades 40 inches or less.
(b) In any manufacturing that makes or processes a product with the use of industrial machines.
(c) The manufacture, transportation, or use of explosive or highly flammable substances.
(d) Sawmills or logging operations.
(e) On any scaffolding.
(f) In heavy work in the building trades.
(g) In the operation of a motor vehicle, except a motorscooter which he or she is licensed to operate, except that 14-year-old and 15-year-old workers may drive farm tractors in the course of their farmwork under the close supervision of their parents on a family-operated farm, and except that qualified 14-year-old and 15-year-old workers may drive tractors in the course of their farmwork under the close supervision of the farm operator. "Qualified," as used herein, means having completed a training course in tractor operation sponsored by a recognized agricultural or vocational agency, as evidenced by duly executed certificate, such certificate to be filed with the farm operator for the duration of the employment.
(h) In oiling, cleaning, or wiping machinery or shafting or applying belts to pulleys.
(i) In repairing of elevators or other hoisting apparatus.
(j) Work in freezers or meat coolers and all work in preparation of meats for sale, except wrapping, sealing, labeling, weighing, pricing, and stocking when performed in another area. This shall not prohibit work done in the normal operations of a food service facility licensed by chapter 509.
(k) In the operation of power-driven laundry or drycleaning machinery or any similar power-driven machinery.
(l) At spray painting.
(m) Alligator wrestling, work in connection with snake pits, or similar hazardous activities.
(n) Door-to-door selling of magazine subscriptions, candy, cookies, flowers, or other merchandise or commodities, except merchandise of nonprofit organizations, such as the Girl Scouts of America or the Boy Scouts of America.
(o) In working with meat and vegetable slicing machines.
(2) A minor under 18 years of age, regardless of whether such person's disabilities of nonage have been removed, may not be employed or permitted or suffered to work in any of the following places of employment or in any of the following occupations, provided that paragraphs (b), (e), (g), (h), (j), (m), (o), and (q) do not apply to the employment of student learners under the conditions prescribed in s. 450.161::
(a) In or around explosive or radioactive materials.
(b) On any scaffolding, roof, superstructure, residential or nonresidential building construction, or ladder above 6 feet. A minor 16 or 17 years of age may be employed on any residential building construction if:
1. The minor 16 or 17 years of age has earned his or her Occupational Safety and Health Administration 10 certification and is under the direct supervision of a person who:
a. Has earned his or her Occupational Safety and Health Administration 10 certification.
b. Is 21 years of age or older.
c. Has at least 2 years of work experience related to the work he or she is supervising.
2. The minor 16 or 17 years of age is not working on any scaffolding, roof, superstructure, or ladder above 6 feet.
3. The work being performed by the minor 16 or 17 years of age is not in violation of the federal Fair Labor Standards Act of 1938, any Occupational Safety and Health Administration rule, or federal law related to minors in the workplace.
(c) In or around toxic substances or corrosives, including pesticides or herbicides, unless proper field entry time allowances have been followed.
(d) Any mining occupation.
(e) In the operation of power-driven woodworking machines.
(f) In the operation of power-driven hoisting apparatus.
(g) In the operation of power-driven metal forming, punching, or shearing machines.
(h) Slaughtering, meat packing, processing, or rendering, except as provided in 29 C.F.R. s. 570.61(c).
(i) In the operation of power-driven bakery machinery.
(j) In the operation of power-driven paper products and printing machines.
(k) Manufacturing brick, tile, and like products.
(l) Wrecking or demolition.
(m) Excavation operations.
(n) Logging or sawmilling.
(o) Working on electric apparatus or wiring.
(p) Firefighting.
(q) Operating or assisting to operate, including starting, stopping, connecting or disconnecting, feeding, or any other activity involving physical contact associated with operating, a tractor over 20 PTO horsepower, any trencher or earthmoving equipment, fork lift, or any harvesting, planting, or plowing machinery, or any moving machinery.
(3) No minor under 18 years of age, whether such person's disabilities of nonage have been removed by marriage or otherwise, shall be employed or permitted or suffered to work in any place of employment or at any occupation hazardous or injurious to the life, health, safety, or welfare of such minor, as such places of employment or occupations may be determined and declared by the department to be hazardous and injurious to the life, health, safety, or welfare of such minor.
(4) This section shall not apply to minors employed in the entertainment industry.

Fla. Stat. § 450.061

s. 1, ch. 28240, 1953; s. 5, ch. 57-224; ss. 4, 5, ch. 61-182; s. 1, ch. 63-82; ss. 17, 35, ch. 69-106; s. 1, ch. 73-283; s. 2, ch. 75-195; s. 1, ch. 77-174; s. 11, ch. 78-95; s. 42, ch. 79-7; s. 36, ch. 83-174; s. 11, ch. 91-147; s.1, ch. 92-151; s.26, ch. 95-345; s.1, ch. 96-356; s.1076, ch. 97-103; s.136, ch. 2000-165.
Amended by 2024 Fla. Laws, ch. 125,s 3, eff. 7/1/2024.
This section is set out more than once due to postponed, multiple, or conflicting amendments.