In the 2024 legislative session, the Legislature passed House Bill (HB) 49, “Employment and Curfew of Minors.” In its amended form, the bill that passed was less harmful than what was originally proposed, thanks to strong advocacy.
In the 2025 session, the Legislature filed SB 918 and HB 1225, “Employment of Minors.” The proposed rollbacks to child labor laws would pose an even greater risk to the health and well-being of Florida youth than those contained in the original version of HB 49.
If passed, HB 1225 and SB 918 would allow employers to:
Florida must not further erode protections and instead should prioritize policies to strike the necessary balance between gaining work experience and the education to become economically stable in the long term.
Florida’s Department of Education and Department of Business and Professional Regulation (DBPR)[1] both emphasize that the state’s current child labor laws are meant to protect children’s health, workplace welfare, and education. Yet, HB 1225 and SB 918 would undo decades of these vital protections for Florida’s children, catalyzing increased exploitation of youth workers[2] in the Sunshine State.
While there are minor wording differences in the two bills, both SB 918 and HB 1225 would allow employers to schedule all 16- and 17-year-olds and home- and virtual-schooled 14- and 15-year-olds for unlimited hours, any time day or night, seven days per week, and without breaks.
Florida laws governing children’s work hours have changed numerous times since they were first enacted in 1913. The last time Florida lawmakers dramatically changed the hours children could work was in 1986 ,[3] extending the curfew and ban on working more than six days in a row to those aged 17 and younger. Before this, the law only shielded children aged 15 and younger. Many of the changes proposed by these bills would take Florida back to the 1980s and beyond.
While there are minor wording differences in the two bills, both SB 918 and HB 1225 would allow employers to schedule all 16- and 17-year-olds and home- and virtual-schooled 14- and 15-year-olds for unlimited hours, any time day or night, seven days per week, and without breaks. Work experience is important, but not when it endangers youth’s health, education, and mental well-being.
According to the U.S. Department of Labor (DOL), Florida had 209 child labor violations in 2023 (the latest full data year available),[4] down from a peak of 310 in 2022. This one-year drop is encouraging; however, looking at the trends since the Great Recession of 2008-09 reveals a more concerning picture. (See Figure 1.) In 2008, Florida had 234 violations; while violations dropped steeply after 2009, they started rising dramatically after 2016. In the most recent year for which data is available (2023), child labor violations (209) are at their second highest in the 15 years since 2008.
Since 2023, the DOL has publicized cases of employers from across the state scheduling over 118 teens past legal work hours, resulting in nearly $250,000 in fines. All were in the food service or amusement and recreation industries.[5] However, these cases are only those reported and investigated, so the numbers are likely higher.
Moreover, Florida does not have its own administrative entity (like a Division of Labor Standards or Department of Labor) to enforce wage and hour laws, unlike most other states.[6] Weakening Florida's child labor laws amid lax state oversight would be dangerous for Florida youth — including immigrant youth, who are increasingly exploited by employers.[7]
HB 1225 and SB 918 would impact all 14- to 17-year-olds in the labor force. Workforce data is most reliable and available for those aged 15 to 17, so estimates cannot be provided for 14-year-old Floridians. Based on teen work trends, FPI estimates that 111,311 of these teens are in the labor force and could be directly impacted by the bills. In the labor force is defined as those who are actively looking for work or who were laid off and are awaiting recall as unemployed — otherwise, they are not part of the labor force.[8]
This includes 95,194 teens who are currently employed (86 percent of all 15- to 17-year-olds in Florida’s labor force). This data tells us that most teens this age who are seeking work already have it[9]; eroding Florida’s child labor laws is unnecessary.
Enrollment data is available for working Floridians aged 16 and up. Among the 83,847 teens aged 16 and 17 employed in Florida, there are an estimated 60,264 juggling work and school demands (71.8 percent).[10] If these bills pass, they will remove nearly every state guardrail that helps ensure youth are not too exhausted to perform well in school and other extracurricular activities.
If employers are no longer required to consider school schedules, this will leave youth who are striving to complete school while holding down a job with an unfair choice: accept the hours their boss schedules them and put themselves at risk academically, or lose their job and the money and experience that comes with it. Youth living in poverty and immigrants without a documented status would be especially unlikely to view quitting as a viable option.
Working excessive hours (over 20 hours per week) in adolescence remains a risk factor for poor grades and dropping out of high school.[11] Moreover, school absenteeism in Florida (and nationwide) remains at its second-highest level in 15 years (its peak was 20.9 percent in the 2021-22 academic year).[12] The latest (2023-24) academic year data shows a marginal improvement; however, nearly one in five students remain chronically absent throughout the state (19.9 percent).[13] Worse, most of the state’s 67 counties (41) had chronic absenteeism rates above 20 percent — that is, more than one in five of those counties’ students were absent 21 or more days of the school year. In some counties, the absenteeism rate has soared above 35 percent.
If employers are no longer required to consider school schedules, this will leave youth who are striving to complete school while holding down a job with an unfair choice: accept the hours their boss schedules them and put themselves at risk academically, or lose their job and the money and experience that comes with it.
An imbalance between work and school can, in turn, have lifelong economic consequences, as young adults without a high school diploma are paid the least and are more likely to face unemployment than other workers.[14]
There are also some technical changes in the House and Senate versions — all preserve existing child labor laws; they simply reiterate them, clarify their meaning, or reflect a stylistic change.[15]The House bill includes language on punishing child labor law violators,[16] which is already in law and does not reflect a policy change. Conversely, while both bills strike the existing language that states, “The department may grant a waiver of the restrictions imposed by this section pursuant to s. 450.095,”[17]this waiver process was already in place before this language was added with HB 49 last session. Thus, this should not remove the child labor waiver process, unless the Legislature decides to add language in these bills to amend the current statute.[18]
Under current law, youth or their employers can apply for a waiver from the hour and curfew restrictions. Being home-schooled, in private school, or experiencing a medical or financial hardship are some acceptable reasons for such a request. Currently, public school students seek this waiver via their local school districts while all other minors do so via the Florida Department of Business and Professional Regulation.[19]
Notes
[1] Florida Department of Business and Professional Regulation, “Child Labor,” https://www2.myfloridalicense.com/child-labor/; Florida Department of Education, “Child Labor Laws and Information,” https://www.fldoe.org/academics/career-adult-edu/career-tech-edu/additional-cte-programs-courses/ojt/childlabor.stml.
[2]There are already several carveouts to these protections in Florida law-- for those who graduated high school; have a waiver from their school district or the Florida Department of Business and Professional Regulation (DBPR); or who are domestic workers, employed by their parents, or legislative pages. Then, HB 49 passed in 2024, rolling back protections even further.
[3] Laws of Florida, Chapter 6488, Sections 9 and 11, http://edocs.dlis.state.fl.us/fldocs/leg/actsflorida/1913/LOF1913V1%20ch6421-6489.pdf. Section 9 stated children under 16 cannot work in certain establishments (hazardous places, laundry facilities, and theaters) more than six days a week, 54 hours per week, nine hours per day, or before 5 a.m. or after 8 p.m. Section 11 stated children under 18 cannot work in messenger and telegraph settings before 5 a.m. or 10 p.m. By 1986, Florida passed more stringent hour restrictions for nearly every type of work in the state (except for domestic workers and legislative pages). See: Laws of Florida, section 1, chapter 86-13, 1986, http://edocs.dlis.state.fl.us/fldocs/leg/actsflorida/1986/1986V1Pt1.pdf. HB 49 (2024) rolled back some of these 1986 protections for teens aged 16 and 17, (see F.S. 450.081) but further rollbacks would occur if HB 1225/SB 918 pass.
[4] FPI analysis of U.S. Department of Labor Wage and Hour Division (WHD) Enforcement Database, https://enforcedata.dol.gov/views/search.php. Violations were categorized by end finding date for child labor violations of the Fair Labor Standards Act (FLSA). Based on prior analysis of this issue, there is a lag in closing out these cases, so FPI did not analyze the limited 2024 data in this fact sheet. For example, numbers the DOL reported last year on 2023 child labor violations (and FPI analyzed in a prior fact sheet) have since increased, indicating a delay in complete reporting.
[5] FPI totaled the youth impacted and fines levied from U.S. Department of Labor news releases for October 21, 2024 (number of youth unknown, $151,606 levied) and for February 8, February 17, August 21, and September 18, 2023, totaling 118 youth and $97,036 in fines.
[6] Alexis Tsoukalas et al, “Florida Policymakers Need to Reassess How the Minimum Wage is Enforced,” Florida Policy Institute, March 24, 2021, https://www.floridapolicy.org/posts/florida-policymakers-need-to-reassess-how-the-minimum-wage-is-enforced.
[7] Tonya Mosley, “The U.S. is Facing a Child Labor Crisis, U.S. State Governments are Loosening Regulations,” NPR, May 4, 2023, https://www.npr.org/2023/05/04/1173697113/immigrant-child-labor-crisis. Immigrants are also more likely to work as domestic workers and agricultural workers, who are less protected by labor laws. See F.S. 450.081 for broad exemptions to work and curfew hours (e.g., children who are domestic workers, legislative pages, or have their school superintendent’s permission to work more or outside of curfew due to family circumstances). There are no federal limits on work hours or curfews for children working in agriculture. See p. 2, WHD, “Child Labor Bulletin 102,” revised November 2016, https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/childlabor102.pdf.
[8] Analysis of Economic Policy Institute’s Current Population Survey Extracts, 2020-2024, Version 1.0.43, https://microdata.epi.org. Of the 111,311 15- to 17-year-olds in Florida’s labor force, 95,194 are currently employed. This represents 85.5 percent of 15 to 17-year-olds in the labor force. Both employed and unemployed people make up the labor force. The CPS defines both those who are actively looking for work or who were laid off and are awaiting recall as unemployed; otherwise, they are not part of the labor force.
[9] In 2024, proponents of HB 49 claimed the bill was necessary because there were teens in the state wanting to work who could not without a change to state child labor laws. See “Youth weigh in on proposed bill that would set back Florida’s child labor laws,” January 22, 2024, Spectrum Bay News 9, https://baynews9.com/fl/tampa/news/2024/01/22/youth-weigh-in-on-hb-49-employment-and-curfew-of-minors.
[10] Analysis of Economic Policy Institute’s Current Population Survey Extracts, 2020-2024, Version 1.0.43, https://microdata.epi.org. School enrollment information is only available for those aged 16+. There are 83,847 16- and 17-year-olds employed in Florida, 60,264 of which also attend school, comprising 71.8 percent of these employed teens.
[11] Jeremy Staff et al, “Is Adolescent Employment Still a Risk Factor for High School Dropout?” Journal of Research on Adolescence, Vol. 30, Issue 2, June 2020, https://doi.org/10.1111/jora.12533.
[12] Katherine Kokal, “School Absenteeism Has Hit Record Highs in Florida. Where Is It the Worst? See the List,” Palm Beach Post, January 11, 2024, https://www.palmbeachpost.com/story/news/education/2024/01/11/school-absence-rates-by-school-district-county-in-florida-palm-beach/72148893007/.
[13] Florida Department of Education, “Attendance: Absent 21+ Days and Absent 10% or More Comparison, 2023-24,” https://www.fldoe.org/file/7584/2324ABS21Days10Comparison.xlsx.
[14] U.S. Bureau of Labor Statistics, “Data on Display: Education Pays, 2022,” May 2023, https://www.bls.gov/careeroutlook/2023/data-on-display/education-pays.htm.
[15] Lines 46-55 and 61-74 of SB 918 and 83-90 of HB 1225 do not meaningfully change any current laws.
[16] Lines 86-90 in HB 1225.
[17] Lines 62-63 (SB 918) and 81-82 (HB 1225).
[18] F.S. 450.095.
[19] Florida Department of Business and Professional Regulation, “Child Labor Waiver,” https://www.myfloridalicense.com/CheckListDetail.asp?SID=&xactCode=1030&clientCode=7601&XACT_DEFN_ID=11037.
American Rescue Plan Act Changes. The American Rescue Plan Act of 2021 extended PEUC and PUA benefits through the week ending September 6, 2021. It also increased the maximum duration of PEUC benefits ($300 a week) to 53 weeks and the maximum duration of PUA to 79 weeks. Although PEUC and PUA did not end until September 6, 2021, Florida withdrew from the Federal Pandemic Unemployment Compensation Program (FPUC) effective June 26, 2021. FPUC provided persons who were out of work due to COVID-19 with an additional $300 a week in unemployment insurance.
Reemployment Assistance weeks reverted to 12 effective January 1, 2022. DEO determines the maximum number of weeks available to RA claimants based on a statutory formula that looks at the average unemployment rate for the most recent third calendar year quarter (i.e., July, August, and September). Based on the downturn in unemployment, the maximum number of weeks for RA reverted to 12 effective January 1, 2022.
RA work-search and work registration requirements reinstated on May 30, 2021. Persons filing an application for RA benefits beginning March 15, 2020, are not required to complete work registration in Employ Florida through May 29, 2021. In addition, work search requirements for individuals requesting benefits for the weeks beginning March 15, 2020, were also reinstated on May 30, 2021.
RA biweekly reporting requirements reinstated. Although previously waived, biweekly reporting was reinstated effective May 10, 2020. DEO’s guide to claiming weeks is here.
Mobile app deployed. DEO has deployed a mobile app for RA applications.
DEO announces extended benefits. DEO announced implementation of Extended Benefits (EB).
Resources and guidance. For a list of resources and guidance from the United States Department of Labor on unemployment insurance and COVID-19, go here.
For DEO’s “Reemployment Assistance Frequently Asked Questions and Additional Resources,” updated 12/30/2020, go here.
For DEO’s latest claims data, go here.
DCF opens offices. DCF has reopened its brick-and-mortar storefronts, which were previously closed due to coronavirus.
DCF adds call center numbers. DCF has added a call center number for Monday through Friday, from 7 a.m. to 6 p.m. Call center numbers now include 850-300-4323, 866-762-2237, or TTY 1-800-955-8771.
Certification periods extended by 6 months only through August 2020. Certification periods for cash, food and medical assistance were extended by 6 months for individuals and families scheduled to recertify in April through August 2020. FNS’ approval of the SNAP extension for August is here. However, effective September 1, 2020, SNAP, TANF and Medicaid recertifications have been reinstated, although DCF says that no one will lose Medicaid due to recertification.
DCF allows phone interviews. Phone interviews are now being used for TANF cash and SNAP food assistance.
Mandatory work requirements suspended only through May 2021. Under a directive from Governor DeSantis to waive work requirements for safety net programs, DCF waived work requirements for individuals participating in the Supplemental Nutrition Assistance Program (SNAP) and Temporary Assistance for Needy Families (TANF) through May 2021. To do this, DCF explains that it partnered with the Department of Economic Opportunity to apply “good cause” statewide for TANF and SNAP recipients who would otherwise be subject to participation in mandatory work requirements as a condition of receiving those benefits. Through May 2021, persons who were sanctioned in the past due to work requirements will be able to reapply and participate in SNAP or TANF again.
Work requirements were reinstated effective June 1, 2021.
Emergency allotments (EA) ended. DCF automatically supplemented SNAP allotments of current recipients up to the maximum for a household’s size for July 2021. However, EA was discontinued beginning August 1, 2021.
The SNAP benefits increase by 15 percent ended in October 2021. Floridians who participate in SNAP to put food on the table will receive a temporary 15 percent supplement to SNAP under COVID relief passed by Congress and extended by the American Rescue Plan Act through September 2021.
FNS permanently increases SNAP through revamp of the Thrifty Food Plan. Effective October 2021, FNS has mandated a permanent increase to SNAP through a revamp of the Thrifty Food Plan. DCF says that the increase amounts to about 6% for Floridians.
Time limits suspended. SNAP time limits are suspended during the COVID-19 public health emergency. No one in Florida should be barred from SNAP due to time limits, even if they exhausted their time limit in the past.
Florida granted waiver to allow families to purchase groceries online. DCF has been granted a federal waiver to permit the State of Florida to launch a pilot project statewide effective April 21, 2020, that allows families to purchase groceries online with their Electronic Benefit Transfer (EBT) card instead of going into stores.
No Medicaid terminations from March 2020 through the end of the federal public health emergency. The national public health emergency has existed since January 27, 2020 and has been renewed by the Secretary of the U.S. Department of Health & Human Services in 90-day increments since that time. The most recent renewal is effective January 16, 2022.
On March 31, 2020, AHCA alerted providers and DCF posted on the ACCESS website that:
Redetermination/recertification times are reinstated. As of October 1, 2020 AHCA's website is alerting recipients that the Department of Children and Families is now mailing letters for case reviews to check if a household is still eligible for Medicaid and/or Medically Needy. AHCA is urging people receiving these letters to take steps now to re-apply. But note, Medicaid coverage will not end during the COVID-19 Public Health Emergency. In January 2021 DCF conducted one-year “automated renewals” for people whose sole income is social security and SSI and are enrolled in an SSI-related Medicaid program (e.g., MEDS/AD, Medically Needy and Medicare Savings Programs). People getting VA income were not included in the automated renewal.
Extended application time. Effective with applications filed in February 2020, the time for submitting documentation required to process an application is extended for 120 days from the date of the application and eligibility will still be effective the first day of the month the application was received. Effective July 1, 2021, this policy has been rescinded. Medicaid applications submitted on or after July 1, 2021 may be denied on the 30th day after application or the day after verification information is due. Applications filed prior to July 1, will be allowed 120 days to provide requested verification to establish Medicaid eligibility.
Exclusion of additional unemployment payments in determining eligibility. The $600/week of additional unemployment insurance payments under the CARES Act will not be counted as income in determining Medicaid eligibility. (However, these payments will be counted as income in determining marketplace subsidy calculations.)
Coverage of Medicaid services during the state of emergency
COVID-19 Vaccines for Medicaid Enrollees. In an executive order published March 16, 2021 Governor DeSantis revised the vaccine distribution plan, which applies to the general public including Medicaid enrollees, to lower the age requirement to 40 effective March 29, 2021 and then effective April 5, 2021 all Floridians are eligible to receive any COVID-19 vaccination approved by the Food and Drug Administration.
Medicaid enrollees eligible to receive the vaccine may visit myvaccine.fl.gov to find a location distributing the vaccine and to schedule an appointment.
On March 12, 2021, AHCA published instructions for Medicaid enrollees on how to obtain Medicaid transportation once they have scheduled an appointment for a vaccine. AHCA states: "Florida Medicaid will take you to get the COVID-19 vaccine at no cost. All you need to do is set up a time to get your vaccine. Next, let your Medicaid plan know you need a ride and they will take care of the rest. If you are not enrolled in a plan, call the Medicaid Helpline at 1-877-254-1055 to find out the name and phone number for a transportation service."
The state has also recently launched a new email system to help bring COVID-19 vaccines to homebound seniors. Seniors will be able to sign up to have the vaccine come to them by emailing a request to HomeboundVaccine@em.myflorida.com.
AHCA has posted Medicaid Alerts and FAQs providing more detail on Medicaid service changes in response to COVID-19. They address a wide range of topics including, but not limited to: telemedicine guidance for medical, behavioral health, and early intervention services providers; long-term care provider network flexibilities allowing more types of providers to deliver specified long term care services; and continuity of care for adult day care center enrollees during the time these centers are closed.
AHCA is loosening coverage restrictions for behavioral health services. Effective May 5, 2020, all prior authorization requirements for mental health or substance use disorder treatment are waived and service limitations (frequency and duration) are lifted. For behavioral analysis services, current authorizations will be extended through an "administrative approval process" which does not require providers to reassess beneficiaries currently getting services. Effective July 1, 2021 service limits will be reinstated for behavioral health services and effective July 15, 2021 Medicaid prior authorization requirements will be reinstated for behavioral health services.
Per a May 29, 2020 provider alert, during the state of emergency AHCA will be reimbursing providers for telemedicine well-child visits provided to children older than 24 months through age 20. Providers are directed to actively work to schedule follow-up in-person visits to administer immunizations and other physical components of the exam which cannot be accomplished through telemedicine.
Coverage of home and community-based waiver services (HCBS) - In response to the public emergency, Florida obtained approval from the federal government to make changes in HCBS waiver programs, including the Long Term Care and Developmental Disabilities programs. The changes are effective retroactively from January 27, 2020 to January 26, 2021. Details can be found here. They include, but are not limited to:
Note on COVID-19 testing, treatment, and vaccines for the uninsured. Florida has not opted to receive 100 percent federal Medicaid funding for COVID-19 testing of people without health insurance. Under the 2021 American Rescue Plan Act this option has been expanded to cover COVID-19 treatment and vaccines for the uninsured as well. Since the state has not taken up this option Floridians must look to an uneven patchwork of free testing, treatment, and vaccine resources scattered around the state. AHCA advises that uninsured people may receive free testing from their county health department or a federally qualified health center and that “many communities provide testing for free for individuals who do not have insurance. Please [click here] to find a test site in your area. Uninsured individuals should ask before the test whether testing is free of charge." There are no state agency instructions on where uninsured people can receive free treatment. However, more information on possible sources for free treatment is available here.
Residency proof no longer required at some vaccine sites, “paving the way for migrants.” - On April 29, 2021 Surgeon General Rivkees issued a new public health advisory specifying that COVID-19 vaccines are available to “a Florida resident” or someone “who is present in Florida for the purpose of providing goods or services for the benefits of residents and visitors of the State of Florida.” This new policy applies to all state-run and federally supported vaccination sites. It rescinds an advisory issued in January that had restricted vaccinations to people who could show proof of Florida residency
2021 unemployment compensation claimants can access free or reduced cost health insurance through the ACA marketplace. The Affordable Care Act (ACA) Marketplace was re-opened in February 2021 to give people who need health insurance a new “special enrollment" opportunity to get covered. The 2021 American Rescue Plan eliminated or vastly reduced premiums for many people with low or moderate incomes.
Starting July 1, 2021, people who received or have been approved for unemployment compensation for any week beginning in 2021 can access free or reduced cost comprehensive health insurance plans through the ACA marketplace. This benefit is available regardless of someone's current income. To get this benefit, people must enroll in the marketplace no later than August 15, 2021. For help with enrollment, contact Covering Florida at 877-813-9115.
School children in distance learning still eligible for free or reduced cost meals. Students in distance learning for 2020-21 can still receive school meals through the National School Lunch Program if they are eligible. The student or parent/guardian may pick up meals at the school but should contact their school for more information.
For a list of current child nutrition program waivers for Florida from USDA, go here.
Congress allows increased fruit and vegetable benefits. At present, WIC provides $9 for children and $11 for women monthly for fruits and vegetables. The American Rescue Plan Act makes funding available for a four-month increase in the benefit of up to $35 monthly, if a state chooses to do so.
DOH attains waiver allowing remote issuance: Department of Health (DOH) obtained a waiver of the requirement that participants pick up their EBT cards in person at recertification or during nutritional education appointments.
WIC participants allowed to substitute certain food. Under a waiver from USDA, WIC participants in Florida are allowed to substitute milk of any available fat content and whole wheat or whole grain bread in package sizes up to 24 oz. when 16 oz. packages are unavailable.
USDA waived physical presence requirements: Although the scope and logistics are unclear at this time, USDA has given DOH permission to waive the requirement that persons be physically present at each certification or recertification determination in order to determine eligibility under the program through May 31, 2020.
USDA extends certification periods through May 31, 2020, for some participants.
For a list of current WIC waivers for Florida from USDA, go here.
HHS provides guidance. HHS has issued guidance on the flexibilities in TANF to respond to COVID-19.