Florida bill weakening child labor protections at construction jobs heads to Senate

TALLAHASSEE, Fla. — A bill that critics say would weaken protections for 16-and-17-year-olds to work jobs in roofing and construction is headed to the Florida Senate.

The industry reportedly accounts for the highest number of workplace fatalities in the state and share of unlicensed activity complaints.

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Sponsor of the bill, Florida Sen. Corey Simon, R-Tallahassee, and the Associated Builders and Contractors who helped write the bill according to public records, proposed the bill to expand access to jobs for teenagers.

The bill (SB 460) and a similar bill (HB 917) state that teens would be able to work in residential building construction under the restrictions they:

• Are not working at heights exceeding 6 feet
• Have obtained an Occupational Safety and Health Administration (OSHA) certification
• Are supervised by staff over the age of 21, with two years of experience and OSHA-10 certification
• Are not performing work that violates the Federal Fair Labor Standards Act (FLSA), OSHA rules, or any Federal Child Labor laws
• To be subject to the FLSA, a company must do more than $500,000 a year in business according to Federal law

However, Federal data shows a scarcity of supervisors available at worksites currently.

Work in construction jobs not deemed hazardous (painting, power washing, installing siding, administrative work) is currently legal in the state.

Federal laws have placed restrictions on hazardous work in this sector due to it being one of the most dangerous industries, resulting in higher rates of job injury for young workers. Roofing for example has the highest number of worker fatalities, according to the Center for Construction Research and Training.

Only seven agency employees in Florida are reportedly dedicated to enforcing the state’s child labor law which oversees tens of thousands of teens, according to the Florida Department of Business and Professional Regulation.

RELATED: Florida Senate moves forward on revised proposal to loosen work restrictions for 16-and 17-year-olds

However, minors in Florida can obtain waivers from child labor laws through the Florida Department of Business and Professional Regular (DBPR) or the Florida Department of Education. In the last fiscal year, over 5,000 minors were granted waivers according to the DBPR.

Representatives for politically influential industry groups such as the Florida Restaurant and Lodging Association (FRLA) argue that existing constraints on child labor pose excessive burdens for the businesses they advocate for and dissuade employers from engaging minors in employment opportunities.

“The current regulations are overly restrictive and can be challenging to manage,” said FRLA lobbyist Samantha Padgett, speaking on behalf of more than 10,000 hotel and restaurant owners at a committee hearing for HB 49 in December. “Additional staffing is desperately needed.”

Regardless of any changes to Florida’s child labor law, the problem of violations continues to grow.

According to the U.S. Department of Labor, there has been an 88% surge in minors employed in violation of child labor laws since 2019. This uptick is linked to multiple factors, such as a constrained labor market and a surge in unaccompanied minors entering the U.S. seeking employment to aid their families.

In 2023, Florida businesses faced fines exceeding $100,000 from the federal government due to violations of child labor laws.

Notably, an Orlando-area roofing contractor took approximately half of this penalty for illegally employing a 15-year-old in roofing duties. The federal inquiry into the contractor commenced following an incident in February 2022, where the adolescent sustained severe head and spinal injuries after falling approximately 20 feet from a two-story residence while performing work. Federal investigators reported that the injured youth remained hospitalized for several days following the accident.

Jacksonville business Urban Air Trampoline Park was under a Federal investigation in 2023 for child labor violations involving 55 employees, all minors ages 14 to 15 years old, to work past 7 p.m. on school nights. The business was fined over $43,000.

READ: Popular Jacksonville trampoline park fined for working minors past 7 p.m. on school nights

Democrats in Florida, who have limited power in the Republican-controlled legislature have attempted to resist.

“Children and families should not be exploited by restaurants needing more labor,” said Rep. Angie Nixon, a community organizer and mom to a 16-year-old. “We’re sitting here talking about making children adults but they can’t even read Toni Morrison in school.”

Florida has reportedly become the 16th state at the time of this story to attempt to roll back child labor protections in the last two years.

An accompanying bill HB 49, that removes restrictions on the hours 16-and 17-year-olds are allowed to work has moved forward in the Florida Senate.

If approved by the State Legislature and Florida Gov. DeSantis, the law will take effect July 1.

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