Senate Bill sb0828

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    Florida Senate - 2005                                   SB 828

    By Senator Crist





    12-313-05

  1                      A bill to be entitled

  2         An act relating to cosmetology; amending s.

  3         477.013, F.S.; redefining the term

  4         "cosmetology"; defining the term "salon";

  5         deleting additional definitions; creating s.

  6         477.0131, F.S.; providing for

  7         subclassifications of cosmetology licences and

  8         for a cosmetologist license; amending s.

  9         477.0132, F.S.; providing for speciality

10         certificates in shampooing, hair braiding, hair

11         wrapping, and body wrapping; amending s.

12         477.0135, F.S.; removing the exemption from

13         licensure under ch. 477, F.S., provided for

14         persons whose practice is confined solely to

15         shampooing; amending s. 477.014, F.S.;

16         prohibiting a person from practicing, or

17         holding himself or herself out as qualified to

18         practice, in an area in which the person does

19         not hold a license; authorizing a cosmetologist

20         who is licensed before the effective date of

21         the act to perform the services of a licensed

22         cosmetologist; authorizing a facial specialist

23         or nail technician who is registered or

24         enrolled in a cosmetology school before the

25         effective date of the act to take the exam for

26         licensure; authorizing certain specialists who

27         are registered before the effective date of the

28         act to continue to practice under such

29         registration; amending s. 477.019, F.S.;

30         providing eligibility requirements for

31         licensure to practice cosmetology or a

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 1         cosmetology specialty; providing for work

 2         experience to be substituted for required

 3         educational hours for out-of-state

 4         cosmetologists, hairstylists, estheticians, and

 5         nail technicians who apply for licensure in

 6         this state; authorizing the Board of

 7         Cosmetology to require certain licensees or

 8         registered specialists to take a refresher

 9         course or examination; amending s. 477.0201,

10         F.S.; specifying the qualifications for

11         registration in a specialty; providing for work

12         experience to be substituted for required

13         educational hours for out-of-state specialists

14         who apply for a specialty registration in this

15         state; amending s. 477.0212, F.S.; increasing

16         the fee required to reactivate or renew an

17         inactive license; authorizing the board to

18         prescribe by rule the requirements for

19         continuing education for license renewal or

20         reactivation; amending s. 477.023, F.S.;

21         providing for certification by the Department

22         of Education of programs in grooming and salon

23         services within the public school system;

24         creating s. 477.0235, F.S.; providing for the

25         licensure of an independent contractor who

26         rents booth space; authorizing the board to

27         adopt rules relating to the licensure of such

28         independent contractors; amending s. 477.025,

29         F.S.; prohibiting booth-rental salons from

30         operating without a license; providing

31         licensure requirements; authorizing the board

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 1         to adopt rules governing the inspection of

 2         booth-rental salons; amending s. 477.026, F.S.;

 3         requiring the board to set fees for

 4         hairstylists, estheticians, nail technicians,

 5         booth-rental salons, booth renters, and

 6         cosmetologists; amending s. 477.0263, F.S.;

 7         requiring that cosmetology and specialty

 8         services be provided only by persons who are

 9         licensed in cosmetology or in a specialty;

10         requiring that disposable implements or

11         disinfectant be used when hair braiding and

12         hair wrapping are practiced outside of a salon;

13         authorizing the provision of cosmetology

14         services and specialty services by a licensed

15         or registered practitioner in a location other

16         than a licensed salon under certain

17         circumstances; amending s. 477.0265, F.S.;

18         prohibiting a person from practicing

19         cosmetology or a specialty without an active

20         license or registration; prohibiting a person

21         from owning, operating, maintaining, or

22         establishing a booth-rental salon under certain

23         conditions; amending s. 477.028, F.S.;

24         authorizing the board to revoke or suspend the

25         license of a cosmetologist, hairstylist,

26         esthetician, or nail technician, or the

27         registration of a specialist, under certain

28         circumstances; authorizing the board to revoke

29         or suspend the license of a booth-rental salon

30         under certain circumstances; amending s.

31         477.029, F.S.; prohibiting a person from

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 1         holding himself or herself out as a

 2         hairstylist, esthetician, nail technician, or

 3         shampoo specialist unless he or she is duly

 4         licensed or registered; providing for

 5         revocation or suspension of a license or

 6         registration; providing an effective date.

 7  

 8  Be It Enacted by the Legislature of the State of Florida:

 9  

10         Section 1.  Section 477.013, Florida Statutes, is

11  amended to read:

12         477.013  Definitions.--As used in this chapter, the

13  term:

14         (1)  "Board" means the Board of Cosmetology.

15         (2)  "Department" means the Department of Business and

16  Professional Regulation.

17         (3)  "Cosmetologist" means a person who is licensed to

18  engage in the practice of cosmetology in this state under the

19  authority of this chapter.

20         (3)(4)  "Cosmetology" means the practice of performing

21  or offering to perform for compensation any of the following

22  services for aesthetic rather than medical purposes:

23         (a)  Hairstyling services, which are:

24         1.  Treating a person's hair by:

25         a.  Providing any method of treatment as a primary

26  service, including arranging, beautifying, lightening,

27  cleansing, coloring, cutting, dressing, processing,

28  shampooing, shaping, singeing, straightening, styling,

29  tinting, or waving;

30  

31  

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 1         b.  Providing a necessary service that is preparatory

 2  or ancillary to a service under sub-subparagraph a., including

 3  clipping, cutting, or trimming; or

 4         c.  Cutting a person's hair as a separate and

 5  independent service for which a charge is directly or

 6  indirectly made separately from charges for any other service;

 7         2.  Weaving or braiding a person's hair;

 8         3.  Shampooing and conditioning a person's hair;

 9         4.  Servicing a person's wig or artificial hairpiece on

10  a person's head or on a block in any manner listed in

11  subparagraph 1.; or 

12         5.  Treating a person's mustache or beard by arranging,

13  beautifying, coloring, processing, styling, or trimming.

14         (b)  Esthetician services, which are:

15         1.  Cleansing, exfoliating, stimulating, or

16  manipulating superficial tissues of a person's skin by hand or

17  by using a mechanical device, apparatus, or appliance with or

18  without the use of any cosmetic preparation, antiseptic,

19  lotion, powder, oil, clay, cream, or appliance;

20         2.  Beautifying a person's skin using a cosmetic

21  preparation, antiseptic, lotion, powder, oil, clay, cream, or

22  appliance;

23         3.  Administering facial treatments;

24         4.  Removing superfluous hair from a person's body

25  using depilatories, threading, waxing, sugaring, epilating, or

26  tweezing; or

27         5.  Tinting eyebrows or eyelashes.

28         (c)  Nail technician services, which are:

29         1.  Treating a person's nails by:

30         a.  Cutting, trimming, polishing, painting, printing,

31  tinting, coloring, cleansing, manicuring, or pedicuring; or

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 1         b.  Attaching artificial nails, extensions, or capping;

 2  or

 3         2.  Manipulating superficial tissue or cleansing,

 4  treating, or beautifying a person's forearms, hands, legs

 5  below the knee, or feet. mechanical or chemical treatment of

 6  the head, face, and scalp for aesthetic rather than medical

 7  purposes, including, but not limited to, hair shampooing, hair

 8  cutting, hair arranging, hair coloring, permanent waving, and

 9  hair relaxing for compensation. This term also includes

10  performing hair removal, including wax treatments, manicures,

11  pedicures, and skin care services.

12         (4)  "Salon" means a place of business where the

13  practice of one or more of the cosmetology or specialty

14  services are offered or performed for compensation.

15         (5)  "Specialist" means any person holding a specialty

16  registration in one or more of the specialties registered

17  under this chapter.

18         (6)  "Specialty" means the practice of one or more of

19  the following:

20         (a)  Manicuring, or the cutting, polishing, tinting,

21  coloring, cleansing, adding, or extending of the nails, and

22  massaging of the hands. This term includes any procedure or

23  process for the affixing of artificial nails, except those

24  nails which may be applied solely by use of a simple adhesive.

25         (b)  Pedicuring, or the shaping, polishing, tinting, or

26  cleansing of the nails of the feet, and massaging or

27  beautifying of the feet.

28         (c)  Facials, or the massaging or treating of the face

29  or scalp with oils, creams, lotions, or other preparations,

30  and skin care services.

31  

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 1         (7)  "Shampooing" means the washing of the hair with

 2  soap and water or with a special preparation, or applying hair

 3  tonics.

 4         (8)  "Specialty salon" means any place of business

 5  wherein the practice of one or all of the specialties as

 6  defined in subsection (6) are engaged in or carried on.

 7         (9)  "Hair braiding" means the weaving or interweaving

 8  of natural human hair for compensation without cutting,

 9  coloring, permanent waving, relaxing, removing, or chemical

10  treatment and does not include the use of hair extensions or

11  wefts.

12         (10)  "Hair wrapping" means the wrapping of

13  manufactured materials around a strand or strands of human

14  hair, for compensation, without cutting, coloring, permanent

15  waving, relaxing, removing, weaving, chemically treating,

16  braiding, using hair extensions, or performing any other

17  service defined as cosmetology.

18         (5)(11)  "Photography studio salon" means an

19  establishment where the hair-arranging services and the

20  application of cosmetic products are performed solely for the

21  purpose of preparing the model or client for the photographic

22  session without shampooing, cutting, coloring, permanent

23  waving, relaxing, or removing of hair or performing any other

24  service defined as cosmetology.

25         (12)  "Body wrapping" means a treatment program that

26  uses herbal wraps for the purposes of cleansing and

27  beautifying the skin of the body, but does not include:

28         (a)  The application of oils, lotions, or other fluids

29  to the body, except fluids contained in presoaked materials

30  used in the wraps; or

31  

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 1         (b)  Manipulation of the body's superficial tissue,

 2  other than that arising from compression emanating from the

 3  wrap materials.

 4         (13)  "Skin care services" means the treatment of the

 5  skin of the body, other than the head, face, and scalp, by the

 6  use of a sponge, brush, cloth, or similar device to apply or

 7  remove a chemical preparation or other substance, except that

 8  chemical peels may be removed by peeling an applied

 9  preparation from the skin by hand. Skin care services must be

10  performed by a licensed cosmetologist or facial specialist

11  within a licensed cosmetology or specialty salon, and such

12  services may not involve massage, as defined in s. 480.033(3),

13  through manipulation of the superficial tissue.

14         Section 2.  Section 477.0131, Florida Statutes, is

15  created to read:

16         477.0131  Cosmetology licenses.--

17         (1)  A person who is otherwise qualified by this

18  chapter and who is authorized to practice all of the services

19  listed in s. 477.013(3)(a) shall be licensed as a hairstylist.

20         (2)  A person who is otherwise qualified by this

21  chapter and who is authorized to practice all of the services

22  listed in s. 477.013(3)(b) shall be licensed as an

23  esthetician.

24         (3)  A person who is otherwise qualified by this

25  chapter and who is authorized to practice all of the services

26  listed in s. 477.013(3)(c) shall be licensed as a nail

27  technician.

28         (4)  A person who is otherwise qualified by this

29  chapter and who is authorized to practice all of the services

30  listed in s. 477.013(3) shall be licensed as a cosmetologist.

31  

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 1         Section 3.  Section 477.0132, Florida Statutes, is

 2  amended to read:

 3         477.0132  Specialty registration in shampooing, hair

 4  braiding, hair wrapping, and body wrapping registration.--Any

 5  person who is otherwise qualified by this chapter and who is

 6  authorized to practice in one or more of the following

 7  specialties shall receive a specialty registration in the

 8  corresponding specialty:

 9         (1)  Shampooing is the cleansing of hair with shampoo

10  and water or with a special preparation, or the applying of

11  hair treatment or conditioners. Shampooing does not include

12  the application or removal of permanent waves, relaxers, hair

13  coloring, or lighteners. A person whose occupation or practice

14  is confined solely to hair shampooing must apply to the

15  department, must pay the applicable registration fees, and

16  must have taken and passed a course consisting of a minimum of

17  16 hours. The course must be approved by the Department of

18  Education and consist of 4 hours of instruction in HIV/AIDS

19  and other communicable diseases, 5 hours of instruction in

20  sanitation and sterilization, 5 hours of instruction in

21  disorders and diseases of the scalp, and 2 hours of

22  instruction regarding laws affecting shampooing and services

23  established by the board.

24         (2)  Hair braiding is the weaving or interweaving of

25  hair for compensation, without cutting, coloring, permanent

26  waving, relaxing, removing, or chemical treatment. A person

27  whose occupation or practice is confined solely to hair

28  braiding must apply to the department, must pay the applicable

29  registration fees, and must have taken and passed a course

30  consisting of a minimum of 40 hours. The course must be

31  approved by the Department of Education and consist of 4 hours

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 1  of instruction on HIV/AIDS and other communicable diseases, 5

 2  hours of instruction in sanitation and sterilization, 5 hours

 3  of instruction in disorders and diseases of the scalp, 24

 4  hours of instruction in the application and removal of hair

 5  braiding, and 2 hours of instruction regarding laws affecting

 6  hair braiding.

 7         (3)  Hair wrapping is the wrapping of manufactured

 8  materials around a strand or strands of human hair for

 9  compensation, without cutting, shampooing, coloring, permanent

10  waving, relaxing, removing, weaving, chemically treating,

11  braiding, using hair extensions, or performing any other

12  service defined as cosmetology. A person whose occupation or

13  practice is confined solely to hair wrapping must apply to the

14  department, must pay the applicable registration fees, and

15  must have taken and passed a course consisting of a minimum of

16  24 hours. The course must be approved by the Department of

17  Education and consist of 4 hours of instruction on HIV/AIDS

18  and other communicable diseases, 5 hours of instruction on

19  sanitation and sterilization, 5 hours of instruction on

20  disorders and diseases of the scalp, 8 hours of instruction on

21  application of hair wrapping, and 2 hours of instruction

22  regarding laws affecting hair wrapping and services

23  established by the board.

24         (4)(a)  Body wrapping, which is a treatment program

25  that uses wraps for the purposes of cleansing and beautifying

26  the skin of the body for aesthetic rather than medical or

27  weight-loss purposes, is the application of oils, lotions, or

28  other fluids to the body using wraps. Body wrapping does not

29  include manipulation of the body's superficial tissue, other

30  than that arising from compression emanating from the wrap

31  materials.

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 1         (b)  A person whose occupation or practice is confined

 2  solely to body wrapping must apply to the department, must pay

 3  the applicable registration fees, and must have taken and

 4  passed a course consisting of a minimum of 250 hours. The

 5  course must be approved by the Department of Education and

 6  consist of 4 hours of instruction in HIV/AIDS and other

 7  communicable diseases, 5 hours of instruction in sanitation

 8  and sterilization, 5 hours of instruction in disorders and

 9  diseases of the skin, 234 hours of training in the practice of

10  body wrapping, and 2 hours of instruction regarding laws

11  affecting body wrapping and services established by the board.

12         (1)(a)  Persons whose occupation or practice is

13  confined solely to hair braiding must register with the

14  department, pay the applicable registration fee, and take a

15  two-day 16-hour course. The course shall be board approved and

16  consist of 5 hours of HIV/AIDS and other communicable

17  diseases, 5 hours of sanitation and sterilization, 4 hours of

18  disorders and diseases of the scalp, and 2 hours of studies

19  regarding laws affecting hair braiding.

20         (b)  Persons whose occupation or practice is confined

21  solely to hair wrapping must register with the department, pay

22  the applicable registration fee, and take a one-day 6-hour

23  course. The course shall be board approved and consist of

24  education in HIV/AIDS and other communicable diseases,

25  sanitation and sterilization, disorders and diseases of the

26  scalp, and studies regarding laws affecting hair wrapping.

27         (c)  Unless otherwise licensed or exempted from

28  licensure under this chapter, any person whose occupation or

29  practice is body wrapping must register with the department,

30  pay the applicable registration fee, and take a two-day

31  12-hour course. The course shall be board approved and consist

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 1  of education in HIV/AIDS and other communicable diseases,

 2  sanitation and sterilization, disorders and diseases of the

 3  skin, and studies regarding laws affecting body wrapping.

 4         (d)  Only the board may review, evaluate, and approve a

 5  course required of an applicant for registration under this

 6  subsection in the occupation or practice of hair braiding,

 7  hair wrapping, or body wrapping. A provider of such a course

 8  is not required to hold a license under chapter 1005.

 9         (2)  Hair braiding, hair wrapping, and body wrapping

10  are not required to be practiced in a cosmetology salon or

11  specialty salon. When hair braiding, hair wrapping, or body

12  wrapping is practiced outside a cosmetology salon or specialty

13  salon, disposable implements must be used or all implements

14  must be sanitized in a disinfectant approved for hospital use

15  or approved by the federal Environmental Protection Agency.

16         (3)  Pending issuance of registration, a person is

17  eligible to practice hair braiding, hair wrapping, or body

18  wrapping upon submission of a registration application that

19  includes proof of successful completion of the education

20  requirements and payment of the applicable fees required by

21  this chapter.

22         Section 4.  Section 477.0135, Florida Statutes, is

23  amended to read:

24         477.0135  Exemptions.--

25         (1)  This chapter does not apply to the following

26  persons when practicing pursuant to their professional or

27  occupational responsibilities and duties:

28         (a)  Persons authorized under the laws of this state to

29  practice medicine, surgery, osteopathic medicine, chiropractic

30  medicine, massage, naturopathy, or podiatric medicine.

31  

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 1         (b)  Commissioned medical or surgical officers of the

 2  United States Armed Forces hospital services.

 3         (c)  Registered nurses under the laws of this state.

 4         (d)  Persons practicing barbering under the laws of

 5  this state.

 6         (e)  Persons employed in federal, state, or local

 7  institutions, hospitals, or military bases as cosmetologists

 8  whose practices are limited to the inmates, patients, or

 9  authorized military personnel of such institutions, hospitals,

10  or bases.

11         (f)  Persons whose practice is limited to the

12  application of cosmetic products to another person in

13  connection with the sale, or attempted sale, of such products

14  at retail without compensation from such other person other

15  than the regular retail price of such merchandise.

16         (2)  A license is not required of any person whose

17  occupation or practice is confined solely to shampooing.

18         (2)(3)  A license or registration is not required of

19  any person whose occupation or practice is confined solely to

20  cutting, trimming, polishing, or cleansing the fingernails of

21  any person when said cutting, trimming, polishing, or

22  cleansing is done in a barbershop licensed pursuant to chapter

23  476 which is carrying on a regular and customary business of

24  barbering, and such individual has been practicing the

25  activities set forth in this subsection prior to October 1,

26  1985.

27         (3)(4)  A photography studio salon is exempt from the

28  licensure provisions of this chapter. However, the

29  hair-arranging services of such salon must be performed under

30  the supervision of a licensed cosmetologist employed by the

31  salon. The salon must use disposable hair-arranging implements

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 1  or use a wet or dry sanitizing system approved by the federal

 2  Environmental Protection Agency.

 3         (4)(5)  A license is not required of any individual

 4  providing makeup, special effects, or cosmetology services to

 5  an actor, stunt person, musician, extra, or other talent

 6  during a production recognized by the Office of Film and

 7  Entertainment as a qualified production as defined in s.

 8  288.1254(2). Such services are not required to be performed in

 9  a licensed salon. Individuals exempt under this subsection may

10  not provide such services to the general public.

11         (5)(6)  A license is not required of any individual

12  providing makeup or special effects services in a theme park

13  or entertainment complex to an actor, stunt person, musician,

14  extra, or other talent, or providing makeup or special effects

15  services to the general public. The term "theme park or

16  entertainment complex" has the same meaning as in s.

17  509.013(9).

18         Section 5.  Section 477.014, Florida Statutes, is

19  amended to read:

20         477.014  Qualifications for practice.--

21         (1)  On and after July 1, 2005, a January 1, 1979, no

22  person other than a duly licensed cosmetologist may not shall

23  practice in any of the cosmetology areas as provided in s.

24  477.013(3) or use the name or title of cosmetologist,

25  hairstylist, esthetician, or nail technician.

26         (2)  A person licensed on or after July 1, 2005, may

27  not practice or hold himself or herself out as qualified to

28  practice in an area in which he or she is not specifically

29  licensed.

30  

31  

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 1         (3)  A cosmetologist licensed before July 1, 2005, may

 2  perform all the services of a licensed cosmetologist as

 3  defined in this chapter.

 4         (4)  A facial specialist registered or enrolled in a

 5  cosmetology school before July 1, 2005, may take the exam for

 6  an esthetician license.

 7         (5)  A manicure, pedicure, or nail extension specialist

 8  registered or enrolled in a cosmetology school before July 1,

 9  2005, may take the exam for a nail technician license.

10         (6)  A specialist registered under this chapter before

11  July 1, 2005, may choose to not take a licensure examination

12  and may continue to practice under the name of her or his

13  specialty registration.

14         Section 6.  Section 477.019, Florida Statutes, is

15  amended to read:

16         477.019  Cosmetologists; hairstylists; estheticians;

17  nail technicians; qualifications; licensure; supervised

18  practice; license renewal; endorsement; continuing

19  education.--

20         (1)  A person desiring to be licensed in the field of

21  cosmetology as a cosmetologist shall apply to the department

22  for licensure.

23         (2)  An applicant is shall be eligible for licensure by

24  examination to practice cosmetology, hairstylist services,

25  esthetician services, or nail technician services if the

26  applicant:

27         (a)  Is at least 16 years of age and or has received a

28  high school diploma or graduate equivalency diploma, or has

29  passed an ability-to-benefit test, which is an independently

30  administered test approved by the United States Secretary of

31  Education as provided in 20 U.S.C. s. 1091(d);

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 1         (b)  Pays the required application fee, which is not

 2  refundable, and the required examination fee, which is

 3  refundable if the applicant is determined to not be eligible

 4  for licensure for any reason other than failure to

 5  successfully complete the licensure examination; and

 6         (c)1.  Is authorized to practice cosmetology in another

 7  state or country, has been so authorized for at least 1 year,

 8  and does not qualify for licensure by endorsement as provided

 9  for in subsection (6); or

10         2.  a.  Has received a minimum of hours of training as

11  follows:

12         (I)  One thousand two hundred hours for a hairstylist.

13         (II)  Six hundred hours for an esthetician.

14         (III)  Six hundred hours for a nail technician.

15         (IV)  Two thousand four hundred hours for a

16  cosmetologist.

17         b.  The training Has received a minimum of 1,200 hours

18  of training as established by the board, which shall include,

19  but need shall not be limited to, the equivalent of completion

20  of services directly related to the practice of cosmetology at

21  one of the following:

22         (I)a.  A school of cosmetology licensed pursuant to

23  chapter 1005.

24         (II)b.  A cosmetology program within the public school

25  system.

26         (III)c.  The Cosmetology Division of the Florida School

27  for the Deaf and the Blind, provided the division meets the

28  standards of this chapter.

29         (IV)d.  A government-operated cosmetology program in

30  this state.

31  

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 1         c.  A person who has enrolled and begun his or her

 2  education before July 1, 2005, may take the examination to be

 3  licensed as a cosmetologist upon completion of 1,200 hours of

 4  education.

 5         d.  A person who begins his or her education on or

 6  after July 1, 2005, must comply with the hour requirements in

 7  sub-subparagraph a. in order to qualify to take the respective

 8  examination.

 9  

10  The board shall establish by rule procedures whereby the

11  school or program may certify that a person is qualified to

12  take the required examination after the completion of a

13  minimum of 1,000 actual school hours. If the person then

14  passes the examination, he or she shall have satisfied this

15  requirement; but if the person fails the examination, he or

16  she shall not be qualified to take the examination again until

17  the completion of the full requirements provided by this

18  section.

19         (3)  Upon an applicant receiving a passing grade, as

20  established by board rule, on the examination and paying the

21  initial licensing fee, the department shall issue a license to

22  practice in the respective area of cosmetology as provided in

23  s. 477.013(3).

24         (4)  Following the completion of the training specified

25  in subsection (2), a graduate may apply for a license that

26  will enable such graduate to practice in his or her

27  cosmetology area if he or she practices under the supervision

28  of a person licensed in the graduate's practice area in a

29  licensed salon. The board shall establish rules governing the

30  practice of qualified graduates and the duration of the

31  practice. first licensing examination and pending the results

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 1  of that examination and issuance of a license to practice

 2  cosmetology, graduates of licensed cosmetology schools or

 3  cosmetology programs offered in public school systems, which

 4  schools or programs are certified by the Department of

 5  Education, are eligible to practice cosmetology, provided such

 6  graduates practice under the supervision of a licensed

 7  cosmetologist in a licensed cosmetology salon. A graduate who

 8  fails the first examination may continue to practice under the

 9  supervision of a licensed cosmetologist in a licensed

10  cosmetology salon if the graduate applies for the next

11  available examination and until the graduate receives the

12  results of that examination. No graduate may continue to

13  practice under this subsection if the graduate fails the

14  examination twice.

15         (5)  Renewal of license registration shall be

16  accomplished pursuant to rules adopted by the board.

17         (6)  The board shall adopt rules specifying procedures

18  for the licensure by endorsement of practitioners desiring to

19  be licensed in this state who hold a current active license in

20  another state and who have met qualifications substantially

21  similar to, equivalent to, or greater than the qualifications

22  required of applicants from this state. For purposes of this

23  subsection, work experience may be substituted for required

24  educational hours in the amount and manner as provided by

25  rule.

26         (7)(a)  The board shall prescribe by rule continuing

27  education requirements for licensees and registered

28  specialists which intended to ensure the protection of the

29  public through updated training of licensees and registered

30  specialists, not to exceed 16 hours biennially, as a condition

31  for renewal of a license or registration as a specialist under

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 1  this chapter. Continuing education courses shall include, but

 2  need not be limited to, the following subjects as they relate

 3  to the practice of cosmetology:  human immunodeficiency virus

 4  and acquired immune deficiency syndrome; Occupational Safety

 5  and Health Administration regulations; workers' compensation

 6  issues; state and federal laws and rules as they pertain to

 7  booth rental and the practice of cosmetology cosmetologists,

 8  cosmetology, salons, specialists, specialty salons, and booth

 9  renters; chemical makeup as it pertains to hair, skin, and

10  nails; and environmental issues. Courses given at educational

11  cosmetology conferences may be counted toward the number of

12  continuing education hours required if approved by the board.

13         (b)  Any person whose occupation or practice is

14  confined solely to hair braiding, hair wrapping, or body

15  wrapping is exempt from the continuing education requirements

16  of this subsection.

17         (b)(c)  The board may, by rule, require any licensee or

18  registered specialist who has not been in the active practice

19  of cosmetology for 2 years or more in violation of a

20  continuing education requirement to take a refresher course or

21  refresher course and examination in addition to any other

22  penalty. The number of hours for the refresher course may not

23  exceed 500 48 hours.

24         Section 7.  Subsections (1) and (5) of section

25  477.0201, Florida Statutes, are amended to read:

26         477.0201  Specialty registration; qualifications;

27  registration renewal; endorsement.--

28         (1)  Any person is qualified for registration as a

29  specialist in any one or more of the specialty practices

30  listed in s. 477.0132 within the practice of cosmetology under

31  this chapter who:

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 1         (a)  Is at least 16 years of age and or has received a

 2  high school diploma or graduate equivalency diploma, or has

 3  passed an ability-to-benefit test, which is an independently

 4  administered test approved by the United States Secretary of

 5  Education as provided in 20 U.S.C. s. 1091(d).

 6         (b)  Has received a certificate of completion in a

 7  specialty course pursuant to s. 477.0132 s. 477.013(6) from

 8  one of the following:

 9         1.  A school licensed pursuant to s. 477.023.

10         2.  A school licensed pursuant to chapter 1005 or the

11  equivalent licensing authority of another state.

12         3.  A specialty program within the public school

13  system.

14         4.  A specialty division within the Cosmetology

15  Division of the Florida School for the Deaf and the Blind,

16  provided the training programs comply with minimum curriculum

17  requirements established by the board.

18         (5)  The board shall adopt rules specifying procedures

19  for the registration of specialty practitioners desiring to be

20  registered in this state who have been registered or licensed

21  and are practicing in states which have registering or

22  licensing standards substantially similar to, equivalent to,

23  or more stringent than the standards of this state. For

24  purposes of this subsection, work experience may be

25  substituted for required educational hours in the amount and

26  manner as provided by rule.

27         Section 8.  Subsection (2) of section 477.0212, Florida

28  Statutes, is amended to read:

29         477.0212  Inactive status.--

30         (2)  The board shall adopt promulgate rules relating to

31  licenses that which have become inactive and for the renewal

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 1  of inactive licenses. The board shall prescribe by rule a fee

 2  not to exceed $100 $50 for the reactivation of an inactive

 3  license and a fee not to exceed $100 $50 for the renewal of an

 4  inactive license. The board shall prescribe by rule the

 5  continuing education requirements to be met prior to license

 6  renewal or reactivation.

 7         Section 9.  Section 477.023, Florida Statutes, is

 8  amended to read:

 9         477.023  Schools of cosmetology; licensure.--A No

10  private school of cosmetology may not shall be permitted to

11  operate without a license issued by the Commission for

12  Independent Education pursuant to chapter 1005. However, this

13  chapter does not nothing herein shall be construed to prevent

14  certification by the Department of Education of grooming and

15  salon services and cosmetology training programs within the

16  public school system or to prevent government operation of any

17  other program of cosmetology in this state.

18         Section 10.  Section 477.0235, Florida Statutes, is

19  created to read:

20         477.0235  Independent contractor; booth-renter

21  license.--

22         (1)  A person licensed or registered under this chapter

23  may not lease or rent space on the premises of a beauty salon

24  to engage as an independent contractor in the practice of

25  cosmetology or a cosmetological specialty unless the person

26  also holds a booth-renter license issued under this section

27  and meets the guidelines of the Internal Revenue Service as

28  stated in 26 U.S.C. s. 3121(d)(2) of the Internal Revenue

29  Code.

30         (2)  An application for a booth-renter license must:

31         (a)  Be on a form prescribed by the board;

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 1         (b)  Contain information as required by board rule; and

 2         (c)  Include a copy of the contract.

 3         (3)  The applicant is entitled to a booth-renter

 4  license if the applicant:

 5         (a)  Pays the application fee;

 6         (b)  Complies with board rules; and

 7         (c)  Has not committed an act that constitutes grounds

 8  for denial of a license or certificate.

 9         (4)  The board shall adopt rules relating to the

10  information submitted for a booth-renter license, including

11  information regarding the applicant's compliance with state

12  and federal tax laws.

13         Section 11.  Section 477.025, Florida Statutes, is

14  amended to read:

15         477.025  Cosmetology salons; specialty salons;

16  booth-rental salons; requisites; licensure; inspection; mobile

17  cosmetology salons.--

18         (1)  A No cosmetology salon, or specialty salon, or

19  booth-rental salon may shall be permitted to operate without a

20  license issued by the department except as provided in

21  subsection (11).

22         (2)  The board shall adopt rules governing the

23  licensure and operation of salons, and specialty salons, and

24  booth-rental salons and their facilities;, personnel,

25  advertising, safety, and sanitary requirements;, and the

26  license application and granting process.

27         (3)  Any person, firm, or corporation desiring to

28  operate a cosmetology salon, or specialty salon, or

29  booth-rental salon in the state shall submit to the department

30  an application upon forms provided by the department and

31  

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 1  accompanied by any relevant information requested by the

 2  department and by an application fee.

 3         (4)  Upon receiving the application, the department may

 4  cause an investigation to be made of the proposed cosmetology

 5  salon, or specialty salon, or booth-rental salon.

 6         (5)  If When an applicant fails to meet all the

 7  requirements provided in this section herein, the department

 8  shall deny the application in writing and shall list the

 9  specific requirements not met. An No applicant denied

10  licensure because of failure to meet the requirements of this

11  section is not herein shall be precluded from reapplying for

12  licensure.

13         (6)  When the department determines that the proposed

14  cosmetology salon, or specialty salon, or booth-rental salon

15  may reasonably be expected to meet the requirements set forth

16  in this section herein, the department shall grant the license

17  upon such conditions as it deems shall deem proper under the

18  circumstances and upon payment of the original licensing fee.

19         (7)  A No license for operation of a cosmetology salon,

20  or specialty salon, or booth-rental salon may not be

21  transferred from the name of the original licensee to another.

22  It may be transferred from one location to another only upon

23  approval by the department, which approval may shall not be

24  unreasonably withheld.

25         (8)  Renewal of license registration for cosmetology

26  salons, or specialty salons, or booth-rental salons shall be

27  accomplished pursuant to rules adopted by the board. The board

28  is further authorized to adopt rules governing delinquent

29  renewal of licenses and may impose penalty fees for delinquent

30  renewal.

31  

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 1         (9)  The board may is authorized to adopt rules

 2  governing the periodic inspection of cosmetology salons,

 3  booth-rental salons, and specialty salons licensed under this

 4  chapter.

 5         (10)(a)  The board shall adopt rules governing the

 6  licensure, operation, and inspection of mobile cosmetology

 7  salons, including their facilities, personnel, and safety and

 8  sanitary requirements.

 9         (b)  Each mobile salon must comply with all licensure

10  and operating requirements specified in this chapter or

11  chapter 455 or rules of the board or department that apply to

12  cosmetology salons at fixed locations, except to the extent

13  that such requirements conflict with this subsection or rules

14  adopted pursuant to this subsection.

15         (c)  A mobile cosmetology salon must maintain a

16  permanent business address, located in the inspection area of

17  the local department office, at which records of appointments,

18  itineraries, license numbers of employees, and vehicle

19  identification numbers of the licenseholder's mobile salon

20  shall be kept and made available for verification purposes by

21  department personnel, and at which correspondence from the

22  department can be received.

23         (d)  To facilitate periodic inspections of mobile

24  cosmetology salons, prior to the beginning of each month each

25  mobile salon licenseholder must file with the board a written

26  monthly itinerary listing the locations where and the dates

27  and hours when the mobile salon will be operating.

28         (e)  The board shall establish fees for mobile

29  cosmetology salons, not to exceed the fees for cosmetology

30  salons at fixed locations.

31  

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 1         (f)  The operation of mobile cosmetology salons must be

 2  in compliance with all local laws and ordinances regulating

 3  business establishments, with all applicable requirements of

 4  the Americans with Disabilities Act relating to accommodations

 5  for persons with disabilities, and with all applicable OSHA

 6  requirements.

 7         (11)  Facilities licensed under part II or part III of

 8  chapter 400 shall be exempt from the provisions of this

 9  section and a cosmetologist licensed pursuant to s. 477.019

10  may provide salon services exclusively for facility residents.

11         Section 12.  Section 477.026, Florida Statutes, is

12  amended to read:

13         477.026  Fees; disposition.--

14         (1)  The board shall set fees according to the

15  following schedule:

16         (a)  For hairstylists, estheticians, nail technicians,

17  or cosmetologists, fees for original licensing, license

18  renewal, and delinquent renewal may shall not exceed $50 $25.

19         (b)  For hairstylists, estheticians, nail technicians,

20  or cosmetologists, fees for endorsement application,

21  examination, and reexamination may shall not exceed $150 $50.

22         (c)  For cosmetology salons, booth-rental salons, and

23  specialty salons, fees for license application, original

24  licensing, license renewal, and delinquent renewal may shall

25  not exceed $100 $50.

26         (d)  For specialty registrations specialists, fees for

27  application and endorsement registration may shall not exceed

28  $60 $30.

29         (e)  For specialty registrations specialists, fees for

30  initial registration, registration renewal, and delinquent

31  renewal may shall not exceed $50.

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 1         (f)  For booth renters, fees for original licensing,

 2  license renewal, and delinquent renewal may not exceed $50 For

 3  hair braiders, hair wrappers, and body wrappers, fees for

 4  registration shall not exceed $25.

 5         (2)  All moneys collected by the department from fees

 6  authorized by this chapter shall be paid into the Professional

 7  Regulation Trust Fund, which fund is created in the

 8  department, and shall be applied in accordance with ss. 215.37

 9  and 455.219.  The Legislature may appropriate any excess

10  moneys from this fund to the General Revenue Fund.

11         (2)(3)  The department, with the advice of the board,

12  shall prepare and submit a proposed budget in accordance with

13  law.

14         Section 13.  Section 477.0263, Florida Statutes, is

15  amended to read:

16         477.0263  Cosmetology services to be performed in

17  licensed salon; exception.--

18         (1)  Cosmetology or specialty services shall be

19  performed only by licensed cosmetologists, hairstylists,

20  estheticians, nail technicians, shampoo specialists, cosmetic

21  specialists, or body wrappers in licensed salons, except as

22  otherwise provided in this section.

23         (2)  Hair braiding and hair wrapping need not be

24  practiced in a salon. When hair braiding and hair wrapping are

25  practiced outside a salon, disposable implements must be used

26  or all implements must be sanitized in a disinfectant approved

27  for hospital use or by the United States Environmental

28  Protection Agency.

29         (3)(2)  Pursuant to rules established by the board,

30  cosmetology services may be performed by a licensed

31  cosmetologist, hairstylist, esthetician, nail technician, or

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 1  speciality registrant in a location other than a licensed

 2  salon, including, but not limited to, a nursing home,

 3  hospital, or residence, when a client for reasons of ill

 4  health is unable to go to a licensed salon. Arrangements for

 5  the performance of such cosmetology services in a location

 6  other than a licensed salon shall be made only through a

 7  licensed salon.

 8         (4)(3)  Any person who holds a valid cosmetology

 9  license in any state or who is authorized to practice

10  cosmetology in any country, territory, or jurisdiction of the

11  United States may perform cosmetology services in a location

12  other than a licensed salon when such services are performed

13  in connection with the motion picture, fashion photography,

14  theatrical, or television industry; a photography studio

15  salon; a manufacturer trade show demonstration; a department

16  store demonstration; or an educational seminar.

17         (5)  Pursuant to rules established by the board,

18  cosmetology, hairstylist, esthetician, nail technician, or

19  specialty services may be performed in a location other than a

20  licensed salon when such services are performed in connection

21  with a special event and are performed by a person holding the

22  proper license or specialty registration. Arrangements for the

23  performance of such services in a location other than a

24  licensed salon must be made through a licensed salon.

25         Section 14.  Subsection (1) of section 477.0265,

26  Florida Statutes, is amended to read:

27         477.0265  Prohibited acts.--

28         (1)  It is unlawful for any person to:

29         (a)  Engage in the practice of cosmetology or a

30  specialty without an active license in the field of

31  cosmetology as a cosmetologist or registration as a specialist

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 1  issued by the department pursuant to the provisions of this

 2  chapter.

 3         (b)  Own, operate, maintain, open, establish, conduct,

 4  or have charge of, either alone or with another person or

 5  persons, a cosmetology salon, or specialty salon, or

 6  booth-rental salon:

 7         1.  Which is not licensed under the provisions of this

 8  chapter; or

 9         2.  In which a person not licensed in the field of

10  cosmetology or registered as a cosmetologist or registered as

11  a specialist is permitted to perform cosmetology services or

12  any specialty.

13         (c)  Engage in willful or repeated violations of this

14  chapter or of any rule adopted by the board.

15         (d)  Permit an employed person to engage in the

16  practice of cosmetology or of a specialty unless such person

17  holds a valid, active license in the field of cosmetology as a

18  cosmetologist or registration as a specialist.

19         (e)  Obtain or attempt to obtain a license or

20  registration for money, other than the required fee, or any

21  other thing of value or by fraudulent misrepresentations.

22         (f)  Use or attempt to use a license to practice in the

23  field of cosmetology or a registration to practice a

24  specialty, which license or registration is suspended or

25  revoked.

26         (g)  Advertise or imply that skin care services or body

27  wrapping, as performed under this chapter, have any

28  relationship to the practice of massage therapy as defined in

29  s. 480.033(3), except those practices or activities defined in

30  s. 477.013.

31  

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 1         (h)  In the practice of cosmetology, use or possess a

 2  cosmetic product containing a liquid nail monomer containing

 3  any trace of methyl methacrylate (MMA).

 4         Section 15.  Section 477.028, Florida Statutes, is

 5  amended to read:

 6         477.028  Disciplinary proceedings.--

 7         (1)  The board may shall have the power to revoke or

 8  suspend the license of a cosmetologist, a hairstylist, an

 9  esthetician, or a nail technician licensed under this chapter,

10  or the registration of a specialist registered under this

11  chapter, and may to reprimand, censure, deny subsequent

12  licensure or registration of, or otherwise discipline, a

13  cosmetologist, a hairstylist, an esthetician, a nail

14  technician, or other a specialist licensed or registered under

15  this chapter in any of the following cases:

16         (a)  Upon proof that a license or registration has been

17  obtained by fraud or misrepresentation.

18         (b)  Upon proof that the holder of a license or

19  registration is guilty of fraud or deceit or of gross

20  negligence, incompetency, or misconduct in the practice or

21  instruction of cosmetology or a specialty.

22         (c)  Upon proof that the holder of a license or

23  registration is guilty of aiding, assisting, procuring, or

24  advising any unlicensed person to practice in the field of

25  cosmetology as a cosmetologist.

26         (2)  The board may shall have the power to revoke or

27  suspend the license of a cosmetology salon, or a specialty

28  salon, or a booth-rental salon licensed under this chapter;,

29  to deny subsequent licensure of such salon;, or to reprimand,

30  censure, or otherwise discipline the owner of such salon in

31  either of the following cases:

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 1         (a)  Upon proof that a license has been obtained by

 2  fraud or misrepresentation.

 3         (b)  Upon proof that the holder of a license is guilty

 4  of fraud or deceit or of gross negligence, incompetency, or

 5  misconduct in the operation of the salon so licensed.

 6         (3)  Disciplinary proceedings shall be conducted

 7  pursuant to the provisions of chapter 120.

 8         (4)  The department may shall not issue or renew a

 9  license or certificate of registration under this chapter to

10  any person against whom or salon against which the board has

11  assessed a fine, interest, or costs associated with

12  investigation and prosecution until the person or salon has

13  paid in full such fine, interest, or costs associated with

14  investigation and prosecution or until the person or salon

15  complies with or satisfies all terms and conditions of the

16  final order.

17         Section 16.  Section 477.029, Florida Statutes, is

18  amended to read:

19         477.029  Penalty.--

20         (1)  It is unlawful for any person to:

21         (a)  Hold himself or herself out as a cosmetologist,

22  hairstylist, esthetician, nail technician, shampoo specialist,

23  cosmetic specialist, hair wrapper, hair braider, or body

24  wrapper unless duly licensed or registered, or otherwise

25  authorized, as provided in this chapter.

26         (b)  Operate any cosmetology salon unless it has been

27  duly licensed as provided in this chapter.

28         (c)  Permit an employed person to practice in the field

29  of cosmetology, in or a cosmetological specialty, or as a

30  hairstylist, esthetician, or nail technician unless duly

31  

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 1  licensed or registered, or otherwise authorized, as provided

 2  in this chapter.

 3         (d)  Present as his or her own the license of another.

 4         (e)  Give false or forged evidence to the department in

 5  obtaining any license provided for in this chapter.

 6         (f)  Impersonate any other licenseholder of like or

 7  different name.

 8         (g)  Use or attempt to use a license that has been

 9  revoked.

10         (h)  Violate any provision of s. 455.227(1), s.

11  477.0265, or s. 477.028.

12         (i)  Violate or refuse to comply with any provision of

13  this chapter or chapter 455 or a rule or final order of the

14  board or the department.

15         (2)  Any person who violates the provisions of this

16  section is shall be subject to one or more of the following

17  penalties, as determined by the board:

18         (a)  Revocation or suspension of any license or

19  registration issued pursuant to this chapter.

20         (b)  Issuance of a reprimand or censure.

21         (c)  Imposition of an administrative fine not to exceed

22  $500 for each count or separate offense.

23         (d)  Placement on probation for a period of time and

24  subject to such reasonable conditions as the board may

25  specify.

26         (e)  Refusal to certify to the department an applicant

27  for licensure.

28         Section 17.  This act shall take effect July 1, 2005.

29  

30  

31  

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Redefines the term "cosmetology." Provides for different
      cosmetology licenses. Provides for speciality
 4    certificates in shampooing, hair braiding, hair wrapping,
      and body wrapping. Provides eligibility requirements for
 5    licensure to practice cosmetology or provide hair stylist
      services, esthetician services, or nail technician
 6    services. Provides the qualifications for registration in
      a specialty in the field of cosmetology. Removes the
 7    exemption from licensure under ch. 477, F.S., provided
      for persons whose practice is confined solely to
 8    shampooing. Prohibits a person from practicing, or
      holding himself or herself out as qualified to practice,
 9    in an area in which the person does not hold a license.
      Provides that a cosmetologist who is licensed before the
10    effective date of the act may perform the services of a
      licensed cosmetologist. Provides that certain specialists
11    who are registered or enrolled in a cosmetology school
      before the effective date of the act may take the exam
12    for licensure. Authorizes certain specialists who are
      registered before the effective date of the act to
13    continue to practice under such registration. Increases
      the fee to reactivate or renew an inactive license.
14    Provides for the licensing of independent contractor
      booth renters. Prohibits booth-rental salons from
15    operating without a license. Provides that cosmetology
      services and speciality services may be provided by a
16    licensed or registered practitioner in a location other
      than a licensed salon under certain circumstances.
17    Prohibits a person from practicing cosmetology or a
      specialty without an active license or registration.
18    Prohibits a person from owning, operating, maintaining,
      or establishing a booth-rental salon under certain
19    conditions. (See bill for details.)

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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