How Late Can a 16-Year-Old Work in Florida? Curfew and Hour Caps

In Florida, a 16-year-old can work until 11:00 p.m. on any night before a scheduled school day, and cannot start again before 6:30 a.m. When school is not scheduled the next day, state law sets no curfew at all for 16-year-olds. That single rule — is school scheduled tomorrow? — decides how late a 16-year-old can work in Florida on any given night.¹

The 11 p.m. Curfew and When It Applies

The curfew is tied to the school calendar, not the clock or the season. On any night before a scheduled school day, a 16-year-old cannot work past 11:00 p.m. or before 6:30 a.m. the following morning.¹

The question employers sometimes get wrong is never “is it summer?” It is always “is school scheduled the following day?” A 16-year-old attending summer school is still subject to the 11 p.m. cutoff on nights before those summer classes. A 16-year-old whose school is closed for a teacher planning day the next day is not.

Nights With No School the Next Day

Every time restriction in the statute is conditioned on school being scheduled the following day or school being in session that week. When neither condition is met, none of them apply.¹

In practice:

A Friday evening shift can run past 11:00 p.m. if school is not scheduled on Saturday.
Saturday nights carry no state curfew when no school is scheduled Sunday.
During summer vacation, winter break, and spring break, neither the 11:00 p.m. cutoff nor the daily and weekly caps apply, because school is not scheduled the next day and not in session that week.

Local ordinances and parental rules are their own matter. The 11 p.m. figure comes from Florida’s child labor statute, and that statute simply steps aside on nights before non-school days.

Daily and Weekly Hour Caps That Go With the Curfew

The curfew is not the only limit that kicks in during the school week. On any day before a scheduled school day, a 16-year-old cannot work more than 8 hours. During any week that school is in session, the total cannot exceed 30 hours. And on an actual school day, a 16-year-old cannot work during school hours unless enrolled in a career education program.¹

There is one exception to the 8-hour daily cap: it does not apply when the work day falls on a holiday or a Sunday, even if school is scheduled the next day. The 11:00 p.m. cutoff still does.¹

The 30-hour weekly cap has a built-in escape valve. A parent, legal custodian, or school superintendent can waive it by signing a form prescribed by the department, which the employer keeps on file.¹ The signed waiver does not lift the 11 p.m. curfew or the 8-hour daily limit, only the weekly total.

Meal Breaks on Longer Shifts

When a 16-year-old works 8 hours or more in a day, the employer must provide at least 30 minutes of uninterrupted break time for every 4 continuous hours worked. A break shorter than 30 minutes does not count and does not reset the clock.¹

A 20-minute break at the 4-hour mark of an 8-hour shift does not satisfy the rule, even if the teen agreed to it.

When a 16-Year-Old Is Exempt From the Hour Rules

The hour restrictions, including the 11 p.m. curfew, do not apply to 16-year-olds who have already graduated from high school or earned a GED, or who are enrolled in a home education program or an approved virtual instruction program in which the student is separated from the teacher by time only.¹

Exemption from the hour rules does not mean exemption from every rule. Florida’s hazardous occupation prohibitions still apply to anyone under 18, regardless of graduation status or removal of the disabilities of nonage.²

Applying for a Waiver

A 16-year-old who does not qualify for a full exemption but needs to work beyond the standard limits can apply for a waiver. The Florida Department of Business and Professional Regulation handles requests for minors no longer enrolled in public school; local school districts handle requests for those still enrolled. There is no application fee, and no waiver is needed during the summer session. Applications can be submitted online, by mail, by email at Childlaborwaivers@myfloridalicense.com, or by fax. Waivers are granted case by case when the department finds it is clearly in the best interest of the minor. Questions go to 850-488-3131 or 800-226-2536.³

Jobs Where the Hour Question Doesn’t Matter

Some jobs are off-limits to 16-year-olds no matter what the clock says and no matter whether a parent consents. Florida law prohibits anyone licensed to sell alcoholic beverages from employing anyone under 18, with a narrow exception for 17-year-olds in food service. Sixteen-year-olds do not qualify for that exception, so if a restaurant holds a liquor license, a 16-year-old generally cannot work there.⁴

Driving on public roads as part of the job is also out. Federal rules allow a narrow exception for 17-year-olds under strict conditions, but 16-year-olds cannot drive for work at all, even incidentally on a quick errand or delivery run.⁵

Hazardous occupations round out the list. Sixteen-year-olds cannot operate forklifts, circular saws, band saws, earthmoving equipment, woodworking machines, or tractors over 20 PTO horsepower; cannot work in roofing, demolition, or excavation, or on scaffolding or ladders above six feet; and cannot work with explosives, radioactive materials, toxic substances, corrosives, or most pesticides and herbicides.⁶

Florida does permit 16-year-olds to work in residential building construction under narrow conditions: the minor must hold an OSHA 10 certification, work under direct supervision of someone 21 or older who holds the same certification and has at least two years of relevant experience, and the work cannot involve scaffolding, roofs, superstructures, or ladders above six feet.⁷

If an Employer Is Breaking the Rules

Employing a minor in violation of Florida’s child labor law is a second-degree misdemeanor. Each day the violation continues counts as a separate offense, and each minor employed in violation is also a separate offense. The Department of Business and Professional Regulation can impose civil fines of up to $2,500 per offense, though it first sends written notice of the violation with a deadline to correct it.⁸

Complaints go to the department’s Child Labor Program online, by mailing a downloaded form to a regional office, or by phone at 850-488-3131 or 800-226-2536. Send legible copies of any supporting documents, because originals cannot be returned. Complaints and investigation records stay confidential under Florida law until 10 days after the department finds probable cause, or until the subject of the investigation waives confidentiality.⁹

1
Florida Senate. Florida Code 450.081 – Hours of Work in Certain Occupations
2
Florida Senate. Florida Code 450.061 – Hazardous Occupations Prohibited
3
Florida Department of Business & Professional Regulation. Child Labor Waiver
4
Florida Senate. Florida Code 562.13 – Persons Under Age 18; Employment by Vendors
5
eCFR. 29 CFR Part 570 – Child Labor Regulations, Orders and Statements
6
Department of Business and Professional Regulation. Child Labor – Prohibited Occupations
7
Online Sunshine. Florida Code 450.061 – Hazardous Occupations Prohibited; Exemptions
8
Florida Senate. Florida Code 450.141 – Employing Minor Children in Violation of Law; Penalties
9
MyFloridaLicense.com. Child Labor – Complaints