Senate Bill 2448c1

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1999                           CS for SB 2448

    By the Committee on Regulated Industries and Senator Casas





    315-2011A-99

  1                      A bill to be entitled

  2         An act relating to the regulation of

  3         professions and occupations; amending s. 11.62,

  4         F.S.; providing criteria for evaluating

  5         proposals for new regulation of a profession or

  6         occupation based on the effect of such

  7         regulation on job creation or retention;

  8         requiring proponents of legislation to regulate

  9         a profession or occupation not already

10         regulated to provide additional cost

11         information; amending ss. 455.201, 455.517,

12         F.S.; prohibiting the Department of Business

13         and Professional Regulation and the Department

14         of Health and their regulatory boards from

15         creating any regulation that has an

16         unreasonable effect on job creation or

17         retention or on employment opportunities;

18         providing for evaluation of proposals to

19         increase the regulation of already regulated

20         professions to determine the effect of such

21         regulation on job creation or retention and

22         employment opportunities; amending s. 455.564,

23         F.S.; clarifying continuing education

24         requirements; creating s. 455.2035, F.S.;

25         providing rulemaking authority to the

26         Department of Business and Professional

27         Regulation for the regulation of any profession

28         under its jurisdiction which does not have a

29         regulatory board; creating s. 455.2123, F.S.;

30         authorizing the use of distance learning to

31         satisfy continuing education requirements;

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                           CS for SB 2448
    315-2011A-99




  1         creating s. 455.2124, F.S.; authorizing

  2         proration of continuing education requirements;

  3         amending s. 455.213, F.S.; requiring

  4         fingerprint cards with applications for

  5         registration, certification, or licensure in

  6         certain professions; providing for use of such

  7         cards for criminal history record checks of

  8         applicants; amending s. 455.227, F.S.;

  9         providing for denial or renewal of a license

10         under certain circumstances; amending s.

11         468.453, F.S.; applying such fingerprint card

12         requirements to applicants for licensure as an

13         athlete agent; amending s. 475.175, F.S.;

14         applying such fingerprint card requirements to

15         persons applying to take the examination for

16         licensure as a real estate broker or

17         salesperson; amending s. 475.615, F.S.;

18         applying such fingerprint card requirements to

19         applicants for registration, certification, or

20         licensure as a real estate appraiser; amending

21         s. 477.013, F.S.; redefining the terms

22         "cosmetology" and "specialty" and defining the

23         terms "body wrapping" and "skin care services";

24         amending s. 477.0132, F.S.; requiring

25         registration of persons whose occupation or

26         practice is body wrapping; requiring a

27         registration fee and certain education;

28         amending s. 477.019, F.S.; exempting persons

29         whose occupation or practice is confined solely

30         to body wrapping from certain continuing

31         education requirements; amending s. 477.026,

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                           CS for SB 2448
    315-2011A-99




  1         F.S.; providing for the registration fee;

  2         amending s. 477.0265, F.S.; prohibiting

  3         advertising or implying that skin care services

  4         or body wrapping have any relationship to the

  5         practice of massage therapy; providing

  6         penalties; amending s. 477.029, F.S.;

  7         prohibiting holding oneself out as a body

  8         wrapper unless licensed, registered, or

  9         otherwise authorized under chapter 477, F.S.;

10         providing penalties; providing an effective

11         date.

12

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

14

15         Section 1.  Subsections (3) and (4) of section 11.62,

16  Florida Statutes, are amended to read:

17         11.62  Legislative review of proposed regulation of

18  unregulated functions.--

19         (3)  In determining whether to regulate a profession or

20  occupation, the Legislature shall consider the following

21  factors:

22         (a)  Whether the unregulated practice of the profession

23  or occupation will substantially harm or endanger the public

24  health, safety, or welfare, and whether the potential for harm

25  is recognizable and not remote;

26         (b)  Whether the practice of the profession or

27  occupation requires specialized skill or training, and whether

28  that skill or training is readily measurable or quantifiable

29  so that examination or training requirements would reasonably

30  assure initial and continuing professional or occupational

31  ability;

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                           CS for SB 2448
    315-2011A-99




  1         (c)  Whether the regulation will have an unreasonable

  2  effect on job creation or job retention in the state or will

  3  place unreasonable restrictions on the ability of individuals

  4  who seek to practice or who are practicing a given profession

  5  or occupation to find employment;

  6         (d)(c)  Whether the public is or can be effectively

  7  protected by other means; and

  8         (e)(d)  Whether the overall cost-effectiveness and

  9  economic impact of the proposed regulation, including the

10  indirect costs to consumers, will be favorable.

11         (4)  The proponents of legislation that provides for

12  the regulation of a profession or occupation not already

13  expressly subject to state regulation shall provide, upon

14  request, the following information in writing to the state

15  agency that is proposed to have jurisdiction over the

16  regulation and to the legislative committees to which the

17  legislation is referred:

18         (a)  The number of individuals or businesses that would

19  be subject to the regulation;

20         (b)  The name of each association that represents

21  members of the profession or occupation, together with a copy

22  of its codes of ethics or conduct;

23         (c)  Documentation of the nature and extent of the harm

24  to the public caused by the unregulated practice of the

25  profession or occupation, including a description of any

26  complaints that have been lodged against persons who have

27  practiced the profession or occupation in this state during

28  the preceding 3 years;

29         (d)  A list of states that regulate the profession or

30  occupation, and the dates of enactment of each law providing

31  for such regulation and a copy of each law;

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                           CS for SB 2448
    315-2011A-99




  1         (e)  A list and description of state and federal laws

  2  that have been enacted to protect the public with respect to

  3  the profession or occupation and a statement of the reasons

  4  why these laws have not proven adequate to protect the public;

  5         (f)  A description of the voluntary efforts made by

  6  members of the profession or occupation to protect the public

  7  and a statement of the reasons why these efforts are not

  8  adequate to protect the public;

  9         (g)  A copy of any federal legislation mandating

10  regulation;

11         (h)  An explanation of the reasons why other types of

12  less restrictive regulation would not effectively protect the

13  public;

14         (i)  The cost, availability, and appropriateness of

15  training and examination requirements;

16         (j)(i)  The cost of regulation, including the indirect

17  cost to consumers, and the method proposed to finance the

18  regulation;

19         (k)  The cost imposed on applicants or practitioners or

20  on employers of applicants or practitioners as a result of the

21  regulation;

22         (l)(j)  The details of any previous efforts in this

23  state to implement regulation of the profession or occupation;

24  and

25         (m)(k)  Any other information the agency or the

26  committee considers relevant to the analysis of the proposed

27  legislation.

28         Section 2.  Subsection (4) of section 455.201, Florida

29  Statutes, is amended to read:

30         455.201  Professions and occupations regulated by

31  department; legislative intent; requirements.--

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                           CS for SB 2448
    315-2011A-99




  1         (4)(a)  Neither the department nor any board may No

  2  board, nor the department, shall create unreasonably

  3  restrictive and extraordinary standards that deter qualified

  4  persons from entering the various professions. Neither the

  5  department nor any board may No board, nor the department,

  6  shall take any action that which tends to create or maintain

  7  an economic condition that unreasonably restricts competition,

  8  except as specifically provided by law.

  9         (b)  Neither the department nor any board may create a

10  regulation that has an unreasonable effect on job creation or

11  job retention in the state or that places unreasonable

12  restrictions on the ability of individuals who seek to

13  practice or who are practicing a given profession or

14  occupation to find employment.

15         (c)  The Legislature shall evaluate proposals to

16  increase regulation of already regulated professions or

17  occupations to determine their effect on job creation or

18  retention and employment opportunities.

19         Section 3.  Subsection (4) of section 455.517, Florida

20  Statutes, is amended to read:

21         455.517  Professions and occupations regulated by

22  department; legislative intent; requirements.--

23         (4)(a)  Neither the department nor any board may No

24  board, nor the department, shall create unreasonably

25  restrictive and extraordinary standards that deter qualified

26  persons from entering the various professions. Neither the

27  department nor any board may No board, nor the department,

28  shall take any action that which tends to create or maintain

29  an economic condition that unreasonably restricts competition,

30  except as specifically provided by law.

31

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                           CS for SB 2448
    315-2011A-99




  1         (b)  Neither the department nor any board may create a

  2  regulation that has an unreasonable effect on job creation or

  3  job retention in the state or that places unreasonable

  4  restrictions on the ability of individuals who seek to

  5  practice or who are practicing a profession or occupation to

  6  find employment.

  7         (c)  The Legislature shall evaluate proposals to

  8  increase the regulation of regulated professions or

  9  occupations to determine the effect of increased regulation on

10  job creation or retention and employment opportunities.

11         Section 4.  Subsection (6) of section 455.564, Florida

12  Statutes, 1998 Supplement, is amended to read:

13         455.564  Department; general licensing provisions.--

14         (6)  As a condition of renewal of a license, the Board

15  of Medicine, the Board of Osteopathic Medicine, the Board of

16  Chiropractic Medicine, and the Board of Podiatric Medicine

17  shall each require licensees which they respectively regulate

18  to periodically demonstrate their professional competency by

19  completing at least 40 hours of continuing education every 2

20  years, which may include up to 1 hour of risk management or

21  cost containment and up to 2 hours of other topics related to

22  the applicable medical specialty, if required by board rule.

23  The boards may require by rule that up to 1 hour of the

24  required 40 or more hours be in the area of risk management or

25  cost containment. This provision shall not be construed to

26  limit the number of hours that a licensee may obtain in risk

27  management or cost containment to be credited toward

28  satisfying the 40 or more required hours. This provision shall

29  not be construed to require the boards to impose any

30  requirement on licensees except for the completion of at least

31  40 hours of continuing education every 2 years. Each of such

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                           CS for SB 2448
    315-2011A-99




  1  boards shall determine whether any specific continuing

  2  education course requirements not otherwise mandated by law

  3  shall be mandated and shall approve criteria for, and the

  4  content of, any continuing education course mandated by such

  5  board. Notwithstanding any other provision of law, the board,

  6  or the department when there is no board, may approve by rule

  7  alternative methods of obtaining continuing education credits

  8  in risk management. The alternative methods may include

  9  attending a board meeting at which another a licensee is

10  disciplined, serving as a volunteer expert witness for the

11  department in a disciplinary case, or serving as a member of a

12  probable cause panel following the expiration of a board

13  member's term. Other boards within the Division of Medical

14  Quality Assurance, or the department if there is no board, may

15  adopt rules granting continuing education hours in risk

16  management for attending a board meeting at which another

17  licensee is disciplined, for serving as a volunteer expert

18  witness for the department in a disciplinary case, or for

19  serving as a member of a probable cause panel following the

20  expiration of a board member's term.

21         Section 5.  Section 455.2035, Florida Statutes, is

22  created to read:

23         455.2035  Rulemaking authority for professions not

24  under a board.--The department may adopt rules pursuant to ss.

25  120.54 and 120.536(1) to implement the regulatory requirements

26  of any profession within the department's jurisdiction which

27  does not have a statutorily authorized regulatory board.

28         Section 6.  Section 455.2123, Florida Statutes, is

29  created to read:

30         455.2123  Continuing education.--A board, or the

31  department when there is no board, may provide by rule that

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                           CS for SB 2448
    315-2011A-99




  1  distance learning may be used to satisfy continuing education

  2  requirements.

  3         Section 7.  Section 455.2124, Florida Statutes, is

  4  created to read:

  5         455.2124  Proration of continuing education.--A board,

  6  or the department when there is no board, may:

  7         (1)  Prorate continuing education for new licensees by

  8  requiring half of the required continuing education for any

  9  applicant who becomes licensed with more than half the renewal

10  period remaining and no continuing education for any applicant

11  who becomes licensed with half or less than half of the

12  renewal period remaining; or

13         (2)  Require no continuing education until the first

14  full renewal cycle of the licensee.

15

16  These options shall also apply when continuing education is

17  first required or the number of hours required is increased by

18  law or the board, or the department when there is no board.

19         Section 8.  Subsection (10) is added to section

20  455.213, Florida Statutes, 1998 Supplement, to read:

21         455.213  General licensing provisions.--

22         (10)  For any profession requiring fingerprints as part

23  of the registration, certification, or licensure process or

24  for any profession requiring a criminal history record check

25  to determine good moral character, a fingerprint card

26  containing the fingerprints of the applicant must accompany

27  all applications for registration, certification, or

28  licensure. The fingerprint card shall be forwarded to the

29  Division of Criminal Justice Information Systems within the

30  Department of Law Enforcement for purposes of processing the

31  fingerprint card to determine if the applicant has a criminal

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                           CS for SB 2448
    315-2011A-99




  1  history record. The fingerprint card shall also be forwarded

  2  to the Federal Bureau of Investigation for purposes of

  3  processing the fingerprint card to determine if the applicant

  4  has a criminal history record. The information obtained by the

  5  processing of the fingerprint card by the Florida Department

  6  of Law Enforcement and the Federal Bureau of Investigation

  7  shall be sent to the department for the purpose of determining

  8  if the applicant is statutorily qualified for registration,

  9  certification, or licensure.

10         Section 9.  Subsection (3) of section 455.227, Florida

11  Statutes, is amended to read:

12         455.227  Grounds for discipline; penalties;

13  enforcement.--

14         (3)(a)  In addition to any other discipline imposed

15  pursuant to this section or discipline imposed for a violation

16  of any practice act, the board, or the department when there

17  is no board, may assess costs related to the investigation and

18  prosecution of the case excluding costs associated with an

19  attorney's time.

20         (b)  In any case where the board or the department

21  imposes a fine or assessment and the fine or assessment is not

22  paid within a reasonable time, such reasonable time to be

23  prescribed in the rules of the board, or the department when

24  there is no board, or in the order assessing such fines or

25  costs, the department or the Department of Legal Affairs may

26  contract for the collection of, or bring a civil action to

27  recover, the fine or assessment.

28         (c)  The department shall not issue or renew a license

29  to any person against whom or business against which the board

30  has assessed a fine, interest, or costs associated with

31  investigation and prosecution until the person or business has

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                           CS for SB 2448
    315-2011A-99




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

  2  investigation and prosecution or until the person or business

  3  complies with or satisfies all terms and conditions of the

  4  final order.

  5         Section 10.  Paragraph (e) of subsection (2) of section

  6  468.453, Florida Statutes, 1998 Supplement, is amended to

  7  read:

  8         468.453  Licensure required; qualifications;

  9  examination; bond.--

10         (2)  A person shall be licensed as an athlete agent if

11  the applicant:

12         (e)  Has provided sufficient information which must be

13  submitted to by the department a fingerprint card for a

14  criminal history records check through the Federal Bureau of

15  Investigation. The fingerprint card shall be forwarded to the

16  Division of Criminal Justice Information Systems within the

17  Department of Law Enforcement for purposes of processing the

18  fingerprint card to determine if the applicant has a criminal

19  history record. The fingerprint card shall also be forwarded

20  to the Federal Bureau of Investigation for purposes of

21  processing the fingerprint card to determine if the applicant

22  has a criminal history record. The information obtained by the

23  processing of the fingerprint card by the Florida Department

24  of Law Enforcement and the Federal Bureau of Investigation

25  shall be sent to the department for the purpose of determining

26  if the applicant is statutorily qualified for licensure.

27         Section 11.  Paragraph (a) of subsection (1) of section

28  475.175, Florida Statutes, is amended to read:

29         475.175  Examinations.--

30         (1)  A person shall be entitled to take the license

31  examination to practice in this state if the person:

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                           CS for SB 2448
    315-2011A-99




  1         (a)  Submits to the department the appropriate

  2  notarized application and fee, two photographs of herself or

  3  himself taken within the preceding year, and a fingerprint

  4  card. The fingerprint card shall be forwarded to the Division

  5  of Criminal Justice Information Systems within the Department

  6  of Law Enforcement for purposes of processing the fingerprint

  7  card to determine if the applicant has a criminal history

  8  record. The fingerprint card shall also be forwarded to the

  9  Federal Bureau of Investigation for purposes of processing the

10  fingerprint card to determine if the applicant has a criminal

11  history record. The information obtained by the processing of

12  the fingerprint card by the Florida Department of Law

13  Enforcement and the Federal Bureau of Investigation shall be

14  sent to the department for the purpose of determining if the

15  applicant is statutorily qualified for examination.

16  fingerprints for processing through appropriate law

17  enforcement agencies; and

18         Section 12.  Subsection (3) of section 475.615, Florida

19  Statutes, 1998 Supplement, is amended to read:

20         475.615  Qualifications for registration, licensure, or

21  certification.--

22         (3)  Appropriate fees, as set forth in the rules of the

23  board pursuant to s. 475.6147, and a fingerprint card

24  fingerprints for processing through appropriate law

25  enforcement agencies must accompany all applications for

26  registration, licensure, and certification, or licensure. The

27  fingerprint card shall be forwarded to the Division of

28  Criminal Justice Information Systems within the Department of

29  Law Enforcement for purposes of processing the fingerprint

30  card to determine if the applicant has a criminal history

31  record. The fingerprint card shall also be forwarded to the

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                           CS for SB 2448
    315-2011A-99




  1  Federal Bureau of Investigation for purposes of processing the

  2  fingerprint card to determine if the applicant has a criminal

  3  history record. The information obtained by the processing of

  4  the fingerprint card by the Florida Department of Law

  5  Enforcement and the Federal Bureau of Investigation shall be

  6  sent to the department for the purpose of determining if the

  7  applicant is statutorily qualified for registration,

  8  certification, or licensure.

  9         Section 13.  Subsections (4) and (6) of section

10  477.013, Florida Statutes, 1998 Supplement, are amended, and

11  subsections (12) and (13) are added to that section, to read:

12         477.013  Definitions.--As used in this chapter:

13         (4)  "Cosmetology" means the mechanical or chemical

14  treatment of the head, face, and scalp for aesthetic rather

15  than medical purposes, including, but not limited to, hair

16  shampooing, hair cutting, hair arranging, hair coloring,

17  permanent waving, and hair relaxing, hair removing pedicuring,

18  and manicuring, for compensation. This term also includes

19  performing hair removal, including wax treatments, manicures,

20  pedicures, and skin-care services.

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

22  the following:

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

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

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

26  process for the affixing of artificial nails, except those

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

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

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

30  beautifying of the feet.

31

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                           CS for SB 2448
    315-2011A-99




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

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

  3  and skin care services.

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

  5  uses herbal wraps for the purposes of weight loss and of

  6  cleansing and beautifying the skin of the body, but does not

  7  include:

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

  9  to the body, except fluids contained in presoaked materials

10  used in the wraps; or

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

12  other than that arising from compression emanating from the

13  wrap materials.

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

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

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

17  remove a chemical preparation or other substance, except that

18  chemical peels may be removed by peeling an applied

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

20  performed by a licensed cosmetologist or facial specialist

21  within a licensed cosmetology or specialty salon, and such

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

23  through manipulation of the superficial tissue.

24         Section 14.  Section 477.0132, Florida Statutes, 1998

25  Supplement, is amended to read:

26         477.0132  Hair braiding, and hair wrapping, and body

27  wrapping registration.--

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

29  confined solely to hair braiding must register with the

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

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

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                           CS for SB 2448
    315-2011A-99




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

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

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

  4  regarding laws affecting hair braiding.

  5         (b)  Persons whose occupation or practice is confined

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

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

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

  9  education in HIV/AIDS and other communicable diseases,

10  sanitation and sterilization, disorders and diseases of the

11  scalp, and studies regarding laws affecting hair wrapping.

12         (c)  Unless otherwise licensed or exempted from

13  licensure under this chapter, any person whose occupation or

14  practice is body wrapping must register with the department,

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

16  12-hour course. The course shall be board approved and consist

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

18  sanitation and sterilization, disorders and diseases of the

19  skin, and studies regarding laws affecting body wrapping.

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

21  wrapping are not required to be practiced in a cosmetology

22  salon or specialty salon. When hair braiding, or hair

23  wrapping, or body wrapping is practiced outside a cosmetology

24  salon or specialty salon, disposable implements must be used

25  or all implements must be sanitized in a disinfectant approved

26  for hospital use or approved by the federal Environmental

27  Protection Agency.

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

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

30  wrapping upon submission of a registration application that

31  includes proof of successful completion of the education

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                           CS for SB 2448
    315-2011A-99




  1  requirements and payment of the applicable fees required by

  2  this chapter.

  3         Section 15.  Paragraph (c) of subsection (7) of section

  4  477.019, Florida Statutes, 1998 Supplement, is amended to

  5  read:

  6         477.019  Cosmetologists; qualifications; licensure;

  7  supervised practice; license renewal; endorsement; continuing

  8  education.--

  9         (7)

10         (c)  Any person whose occupation or practice is

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

12  wrapping is exempt from the continuing education requirements

13  of this subsection.

14         Section 16.  Paragraph (f) of subsection (1) of section

15  477.026, Florida Statutes, 1998 Supplement, is amended to

16  read:

17         477.026  Fees; disposition.--

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

19  following schedule:

20         (f)  For hair braiders, and hair wrappers, and body

21  wrappers, fees for registration shall not exceed $25.

22         Section 17.  Paragraph (g) is added to subsection (1)

23  of section 477.0265, Florida Statutes, to read:

24         477.0265  Prohibited acts.--

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

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

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                           CS for SB 2448
    315-2011A-99




  1         Section 18.  Paragraph (a) of subsection (1) of section

  2  477.029, Florida Statutes, 1998 Supplement, is amended to

  3  read:

  4         477.029  Penalty.--

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

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

  7  specialist, hair wrapper, or hair braider, or body wrapper

  8  unless duly licensed or registered, or otherwise authorized,

  9  as provided in this chapter.

10         Section 19.  This act shall take effect July 1, 1999.

11

12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                             SB 2448

14

15  Allows DBPR to prorate continuing education requirements for
    new licensees. Specifies requirements for submitting
16  fingerprint cards by license applicants and directs DBPR to
    forward those cards to the appropriate agencies for criminal
17  background checks.

18  Adds a requirement for the submittal of fingerprint cards by
    applicants in the professions of athlete agents, real estate
19  brokers, salespersons, and schools, and real estate
    appraisers.
20
    Provides for the regulation of skin care services and body
21  wrapping under the profession of cosmetology.

22

23

24

25

26

27

28

29

30

31

                                  17