Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. CS for CS for HB 49
Ì407902ÉÎ407902
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AE/3R . Floor: CA
03/07/2024 07:10 PM . 03/08/2024 01:37 PM
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The Committee on Rules (Burgess) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 448.106, Florida Statutes, is created to
6 read:
7 448.106 Workplace heat exposure requirements.—
8 (1) As used in this section, the term:
9 (a) “Competitive solicitation” means an invitation to bid,
10 a request for proposals, or an invitation to negotiate.
11 (b) “Heat exposure requirement” means a standard to control
12 an employee’s exposure to heat or sun, or to otherwise address
13 or moderate the effects of such exposure. The term includes, but
14 is not limited to, standards relating to any of the following:
15 1. Employee monitoring and protection.
16 2. Water consumption.
17 3. Cooling measures.
18 4. Acclimation and recovery periods or practices.
19 5. Posting or distributing notices or materials that inform
20 employees how to protect themselves from heat exposure.
21 6. Implementation and maintenance of heat exposure programs
22 or training.
23 7. Appropriate first-aid measures or emergency responses
24 related to heat exposure.
25 8. Protections for employees who report that they have
26 experienced excessive heat exposure.
27 9. Reporting and recordkeeping requirements.
28 (c) “Political subdivision” means a county, municipality,
29 department, commission, district, board, or other public body,
30 whether corporate or otherwise, created by or under state law.
31 (2)(a) A political subdivision may not establish, mandate,
32 or otherwise require an employer, including an employer
33 contracting to provide goods or services to the political
34 subdivision, to meet or provide heat exposure requirements not
35 otherwise required under state or federal law.
36 (b) A political subdivision may not give preference in a
37 competitive solicitation to an employer based on the employer’s
38 heat exposure requirements and may not consider or seek
39 information relating to the employer’s heat exposure
40 requirements.
41 (3) This section does not limit the authority of a
42 political subdivision to establish or otherwise provide heat
43 exposure requirements not otherwise required under state or
44 federal law for direct employees of the political subdivision.
45 (4) This section does not apply if it is determined that
46 compliance with this section will prevent the distribution of
47 federal funds to a political subdivision or would otherwise be
48 inconsistent with federal requirements pertaining to receiving
49 federal funds, but only to the extent necessary to allow a
50 political subdivision to receive federal funds or to eliminate
51 inconsistency with federal requirements.
52 Section 2. Section 450.081, Florida Statutes, is amended to
53 read:
54 450.081 Hours of work in certain occupations.—
55 (1)(a) Minors 15 years of age or younger may shall not be
56 employed, permitted, or suffered to work:
57 1. Before 7 a.m. or after 7 p.m. when school is scheduled
58 the following day. Or
59 2. For more than 15 hours in any one week when school is in
60 session.
61 (b) On any school day, minors 15 years of age or younger
62 who are not enrolled in a career education program may shall not
63 be gainfully employed for more than 3 hours, unless there is no
64 session of school the following day.
65 (c)(b) During holidays and summer vacations, minors 15
66 years of age or younger may shall not be employed, permitted, or
67 suffered to work before 7 a.m. or after 9 p.m., for more than 8
68 hours in any one day, or for more than 40 hours in any one week.
69 (2)(a) Minors 16 and 17 years of age may shall not be
70 employed, permitted, or suffered to work:
71 1. Before 6:30 a.m. or after 11 p.m. 11:00 p.m. when school
72 is scheduled the following day. or
73 2. For more than 8 hours in any one day when school is
74 scheduled the following day, except when the day of work is on a
75 holiday or Sunday.
76 3. For more than 30 hours in any one week when school is in
77 session, minors 16 and 17 years of age shall not work more than
78 30 hours in any one week. However, a minor’s parent or
79 custodian, or the school superintendent or his or her designee,
80 may waive the limitation imposed in this subparagraph on a form
81 prescribed by the department and provided to the minor’s
82 employer.
83 (b) On any school day, minors 16 and 17 years of age who
84 are not enrolled in a career education program may shall not be
85 gainfully employed during school hours.
86 (3) Minors 15 17 years of age or younger may shall not be
87 employed, permitted, or suffered to work in any gainful
88 occupation for more than 6 consecutive days in any one week.
89 (4) Minors 15 17 years of age or younger may shall not be
90 employed, permitted, or suffered to work for more than 4 hours
91 continuously without an interval of at least 30 minutes for a
92 meal period; and for the purposes of this law, a no period of
93 less than 30 minutes is not shall be deemed to interrupt a
94 continuous period of work. Minors 16 and 17 years of age who are
95 employed, permitted, or suffered to work for 8 hours or more in
96 any one day as authorized by this section may not be employed,
97 permitted, or suffered to work for more than 4 hours
98 continuously without an interval of at least 30 minutes for a
99 meal period.
100 (5) The provisions of Subsections (1)-(4) do shall not
101 apply to:
102 (a) Minors 16 and 17 years of age who have graduated from
103 high school or received a high school equivalency diploma.
104 (b) Minors who are within the compulsory school attendance
105 age limit and who hold a valid certificate of exemption issued
106 by the school superintendent or his or her designee pursuant to
107 the provisions of s. 1003.21(3).
108 (c) Minors enrolled in an a public educational institution
109 who qualify on a hardship basis, such as economic necessity or
110 family emergency. Such determination shall be made by The school
111 superintendent or his or her designee shall make such
112 determination and issue, and a waiver of hours shall be issued
113 to the minor and the employer. The form and contents thereof
114 shall be prescribed by the department.
115 (d) Minors 16 and 17 years of age who are in a home
116 education program or are enrolled in an approved virtual
117 instruction program in which the minor is separated from the
118 teacher by time only.
119 (e) Minors Children in domestic service in private homes,
120 minors children employed by their parents, or pages in the
121 Florida Legislature.
122 (6) The department may grant a waiver of the restrictions
123 imposed by this section pursuant to s. 450.095.
124 (7)(6) The presence of a any minor in any place of
125 employment during working hours is shall be prima facie evidence
126 of his or her employment therein.
127 (8) An employer who requires, schedules, or otherwise
128 causes a minor to be employed, permitted, or suffered to work in
129 violation of this section commits a violation of the law,
130 punishable as provided in s. 450.141.
131 Section 3. This act shall take effect July 1, 2024.
132
133 ================= T I T L E A M E N D M E N T ================
134 And the title is amended as follows:
135 Delete everything before the enacting clause
136 and insert:
137 A bill to be entitled
138 An act relating to employment; creating s. 448.106,
139 F.S.; defining terms; prohibiting a political
140 subdivision from requiring employers to meet or
141 provide heat exposure requirements beyond those
142 required by law; prohibiting a political subdivision
143 from giving preference to or considering or seeking
144 information from an employer in a competitive
145 solicitation based on or relating to an employer’s
146 heat exposure requirements; providing construction;
147 providing applicability; amending s. 450.081, F.S.;
148 removing certain employment restrictions for minors 16
149 and 17 years of age; revising the age at which certain
150 employment restrictions apply; providing for the
151 waiver of a specified restriction by specified
152 persons; restricting the amount of continuous hours
153 certain minors may work without a break for a minimum
154 specified time period; providing applicability;
155 authorizing the department to grant a waiver of the
156 restrictions imposed under the act; providing
157 penalties; making technical changes; providing an
158 effective date.