1 | A bill to be entitled |
2 | An act relating to barbering and cosmetology |
3 | apprenticeship; amending s. 476.034, F.S.; defining the |
4 | terms "apprentice" and "apprenticeship program"; amending |
5 | s. 476.144, F.S.; providing for the registration of barber |
6 | apprentices; requiring sponsorship by a licensed barber; |
7 | requiring sponsor registration; requiring certain notice |
8 | to the public; creating s. 476.190, F.S.; providing |
9 | requirements for apprenticeship training, including |
10 | minimum standards and requirements, written agreements, |
11 | sponsorship requirements and restrictions, and reporting; |
12 | providing rulemaking authority; creating s. 476.191, F.S.; |
13 | providing duties of the Barbers' Board with respect to |
14 | apprenticeship programs, including rulemaking to implement |
15 | and administer regulation of such programs; amending s. |
16 | 476.192, F.S.; providing fees for apprentices and |
17 | apprentice sponsors; amending s. 476.194, F.S.; |
18 | prohibiting certain acts by or involving an apprentice; |
19 | providing penalties; amending s. 477.013, F.S.; defining |
20 | the terms "cosmetology apprentice" and "cosmetology |
21 | apprenticeship program"; amending s. 477.019, F.S.; |
22 | providing for the registration of cosmetology apprentices; |
23 | requiring sponsorship by a licensed cosmetologist; |
24 | requiring sponsor registration; requiring certain notice |
25 | to the public; amending s. 477.0201, F.S.; removing a |
26 | cross reference; creating s. 477.0251, F.S.; providing |
27 | requirements for apprenticeship training, including |
28 | minimum standards and requirements, written agreements, |
29 | sponsorship requirements and restrictions, and reporting; |
30 | creating s. 477.0252, F.S.; providing duties of the Board |
31 | of Cosmetology with respect to cosmetology apprenticeship |
32 | programs, including rulemaking to implement and administer |
33 | regulation of such programs; amending s. 477.026, F.S.; |
34 | providing fees for cosmetology apprentices and cosmetology |
35 | apprentice sponsors; amending ss. 477.0265 and 477.029, |
36 | F.S.; prohibiting certain acts by a cosmetology |
37 | apprentice; providing penalties; providing an effective |
38 | date. |
39 |
|
40 | Be It Enacted by the Legislature of the State of Florida: |
41 |
|
42 | Section 1. Section 476.034, Florida Statutes, is amended |
43 | to read: |
44 | 476.034 Definitions.--As used in this act: |
45 | (1) "Apprentice" means a person who is engaged in learning |
46 | the practice of barbering through actual work experience under |
47 | the supervision of a licensed barber. |
48 | (2) "Apprenticeship program" means an organized system of |
49 | instruction, registered and approved by the board, which shall |
50 | contain terms and conditions for the qualifications, |
51 | recruitment, selection, employment, and training of a barber |
52 | apprentice. |
53 | (3)(1) "Barber" means a person who is licensed to engage |
54 | in the practice of barbering in this state under the authority |
55 | of this chapter. |
56 | (4)(2) "Barbering" means any of the following practices |
57 | when done for remuneration and for the public, but not when done |
58 | for the treatment of disease or physical or mental ailments: |
59 | shaving, cutting, trimming, coloring, shampooing, arranging, |
60 | dressing, curling, or waving the hair or beard or applying oils, |
61 | creams, lotions, or other preparations to the face, scalp, or |
62 | neck, either by hand or by mechanical appliances. |
63 | (5)(3) "Barbershop" means any place of business wherein |
64 | the practice of barbering is carried on. |
65 | (6)(4) "Board" means the Barbers' Board. |
66 | (7)(5) "Department" means the Department of Business and |
67 | Professional Regulation. |
68 | Section 2. Section 476.144, Florida Statutes, is amended |
69 | to read: |
70 | 476.144 Licensure.-- |
71 | (1) The department shall license any applicant who the |
72 | board certifies is qualified to practice barbering in this |
73 | state. |
74 | (2) The board shall certify for licensure any applicant |
75 | who satisfies the requirements of s. 476.114, and who passes the |
76 | required examination, achieving a passing grade as established |
77 | by board rule. |
78 | (3) Upon an applicant passing the examination and paying |
79 | the initial licensing fee, the department shall issue a license. |
80 | (4) The department shall keep a record relating to the |
81 | issuance, refusal, and renewal of licenses. Such record shall |
82 | contain the name, place of business, and residence of each |
83 | licensed barber and the date and number of her or his license. |
84 | (5) The board shall adopt rules specifying procedures for |
85 | the licensure by endorsement of practitioners desiring to be |
86 | licensed in this state who hold a current active license in |
87 | another state or country and who have met qualifications |
88 | substantially similar to, equivalent to, or greater than the |
89 | qualifications required of applicants from this state. |
90 | (6) The board shall by rule specify the procedures for the |
91 | registration of barber apprentices. Each apprentice application |
92 | and registration shall name a licensed barber who has agreed to |
93 | serve as the sponsor of the apprentice and is registered as an |
94 | apprentice sponsor with the board. An apprentice may not |
95 | conduct, or contract to conduct, barbering services without the |
96 | express approval of his or her sponsor. The sponsor may not |
97 | allow barbering services to be performed unless the apprentice |
98 | clearly informs the public that he or she is not a licensed |
99 | barber but is conducting services as an apprentice under the |
100 | direct supervision of a licensed barber, or his or her designee, |
101 | who is sponsoring the apprentice. |
102 | (7) A barber may not sponsor an apprentice unless the |
103 | barber is registered as an apprentice sponsor by the board. Each |
104 | application for registration shall include the names of the |
105 | barbershop and its owner, the business mailing address and |
106 | location, and any other information the board may require. The |
107 | sponsor shall report to the board within 30 days after any |
108 | change in this required information. |
109 | (8)(6) A person may apply for a restricted license to |
110 | practice barbering. The board shall adopt rules specifying |
111 | procedures for an applicant to obtain a restricted license if |
112 | the applicant: |
113 | (a)1. Has successfully completed a restricted barber |
114 | course, as established by rule of the board, at a school of |
115 | barbering licensed pursuant to chapter 1005, a barbering program |
116 | within the public school system, or a government-operated |
117 | barbering program in this state; or |
118 | 2.a. Holds or has within the previous 5 years held an |
119 | active valid license to practice barbering in another state or |
120 | country or has held a Florida barbering license which has been |
121 | declared null and void for failure to renew the license, and the |
122 | applicant fulfilled the requirements of s. 476.114(2)(c)2. for |
123 | initial licensure; and |
124 | b. Has not been disciplined relating to the practice of |
125 | barbering in the previous 5 years; and |
126 | (b) Passes a written examination on the laws and rules |
127 | governing the practice of barbering in Florida, as established |
128 | by the board, and a practical examination approved by the board. |
129 |
|
130 | The restricted license shall limit the licensee's practice to |
131 | those specific areas in which the applicant has demonstrated |
132 | competence pursuant to rules adopted by the board. |
133 | (9)(7) Pending results of the first licensing examination |
134 | taken and upon submission of an application for licensure that |
135 | includes proof of successful completion of the educational |
136 | requirements specified in this chapter and payment of the |
137 | applicable licensure fees, a person is eligible to practice as a |
138 | barber, provided such person practices under the supervision of |
139 | a licensed barber in a licensed barbershop. A person who fails |
140 | the examination may continue to practice under the supervision |
141 | of a licensed barber in a licensed barbershop, provided the |
142 | person applies for the next available examination, and may |
143 | continue such practice until receipt of the results of that |
144 | second examination are received by the person. No person may |
145 | continue to practice as a barber under this subsection upon |
146 | failure to pass the examination on the second attempt. |
147 | Section 3. Section 476.190, Florida Statutes, is created |
148 | to read: |
149 | 476.190 Apprenticeship training.-- |
150 | (1) The board shall establish uniform minimum standards |
151 | and requirements governing apprenticeship programs, apprentice |
152 | sponsors, and apprentice agreements. Such standards and |
153 | requirements shall govern the terms and conditions of the |
154 | apprentice's employment and training, including the quality of |
155 | the training of the apprentice with respect to, but not limited |
156 | to, such matters as operation of a barbershop; health, safety, |
157 | and sanitary requirements; and licensure requirements. |
158 | (2) Training should be combined with properly coordinated |
159 | studies of related technical and supplementary subjects. |
160 | (3) An apprentice must enter into a written agreement, |
161 | hereinafter called an apprentice agreement, with a registered |
162 | barber apprentice sponsor who may be either an employer who is a |
163 | licensed barber or an association of employers who are licensed |
164 | barbers. |
165 | (4) A barber may not sponsor more than three apprentices |
166 | at one time. Any barber who serves as a sponsor must have held |
167 | an active, valid barber license for 3 consecutive years |
168 | preceding the date on which that barber is named as sponsor of |
169 | the apprentice. |
170 | (5) A barber who undertakes the sponsorship of an |
171 | apprentice shall ensure that the apprentice receives training as |
172 | required by board rule. |
173 | (6) An apprentice is prohibited from conducting barbering |
174 | services without the prior express written consent of the |
175 | sponsor. The apprentice's sponsor must be present at a licensed |
176 | barbershop at any time the apprentice is participating in the |
177 | conduct of barbering. If the apprentice's sponsor cannot attend |
178 | while an apprentice is performing barbering services, the |
179 | sponsor may appoint a qualified barber who meets the |
180 | requirements of board rules to be present and supervise the |
181 | apprentice at a licensed barbershop in place of the sponsor. |
182 | Prior written consent must be given by the apprentice's sponsor |
183 | for each substitution. |
184 | (7) Each apprentice and sponsor shall file reports as |
185 | required by board rule. |
186 | (8) A sponsor may not authorize an apprentice to conduct |
187 | barbering services unless the sponsor has determined that the |
188 | apprentice has received adequate training to do so. |
189 | (9) The sponsor shall be responsible for any acts or |
190 | omissions of the apprentice which constitute a violation of law |
191 | in relation to the conduct of barbering. |
192 | (10) Any registered apprentice who wishes to change the |
193 | sponsor under whom he or she is registered must submit a new |
194 | application. However, a new registration fee shall not be |
195 | required. |
196 | (11) The board may adopt rules necessary to establish the |
197 | standards and requirements of this section. |
198 | Section 4. Section 476.191, Florida Statutes, is created |
199 | to read: |
200 | 476.191 Apprenticeship program; duties of the board.--The |
201 | board shall: |
202 | (1) Administer the provisions of this chapter relating to |
203 | apprentices, apprentice sponsors, and apprenticeship programs. |
204 | (2) Administer the standards and requirements that are |
205 | established. |
206 | (3) Register in accordance with this chapter any |
207 | apprentice, apprentice sponsor, and apprenticeship program which |
208 | meets standards established by the board. |
209 | (4) Investigate complaints concerning the failure of any |
210 | registered apprenticeship program to meet the standards |
211 | established by the board. |
212 | (5) Cancel the registration of any apprentice sponsor or |
213 | apprenticeship program that fails to comply with the standards |
214 | and requirements or that unreasonably fails or refuses to |
215 | cooperate with the board in monitoring and enforcing compliance |
216 | with such standards and requirements. |
217 | (6) Develop and encourage apprenticeship programs. |
218 | (7) Cooperate with and assist local apprentice sponsors in |
219 | the development of apprenticeship standards and training |
220 | requirements. |
221 | (8) Monitor registered apprenticeship programs to ensure |
222 | that they are being operated in compliance with all applicable |
223 | standards and requirements. |
224 | (9) Supervise apprenticeship programs that are registered |
225 | with the board. |
226 | (10) Ensure that minority and gender diversity are |
227 | considered in administering its regulation of apprenticeship |
228 | programs. |
229 | (11) Adopt rules necessary to implement and administer |
230 | regulation of apprenticeship programs. |
231 | Section 5. Paragraphs (e) and (f) are added to subsection |
232 | (1) of section 476.192, Florida Statutes, to read: |
233 | 476.192 Fees; disposition.-- |
234 | (1) The board shall set by rule fees according to the |
235 | following schedule: |
236 | (e) For apprentices, a fee not to exceed $50. |
237 | (f) For apprentice sponsors, a fee not to exceed $50. |
238 | Section 6. Section 476.194, Florida Statutes, is amended |
239 | to read: |
240 | 476.194 Prohibited acts.-- |
241 | (1) It is unlawful for any person to: |
242 | (a) Engage in the practice of barbering without an active |
243 | license as a barber or registration as an apprentice issued |
244 | pursuant to the provisions of this act by the department. |
245 | (b) Engage in willful or repeated violations of this act |
246 | or of any of the rules adopted by the board. |
247 | (c) Hire or employ any person to engage in the practice of |
248 | barbering unless such person holds a valid license as a barber |
249 | or a registration as an apprentice. |
250 | (d) Obtain or attempt to obtain a license for money other |
251 | than the required fee or any other thing of value or by |
252 | fraudulent misrepresentations. |
253 | (e) Own, operate, maintain, open, establish, conduct, or |
254 | have charge of, either alone or with another person or persons, |
255 | a barbershop: |
256 | 1. Which is not licensed under the provisions of this |
257 | chapter; or |
258 | 2. In which a person not licensed as a barber or |
259 | registered as an apprentice is permitted to perform services. |
260 | (f) Use or attempt to use a license to practice barbering |
261 | when said license is suspended or revoked. |
262 | (2) Any person who violates any provision of this section |
263 | commits is guilty of a misdemeanor of the second degree, |
264 | punishable as provided in s. 775.082 or s. 775.083. |
265 | Section 7. Section 477.013, Florida Statutes, is amended |
266 | to read: |
267 | 477.013 Definitions.--As used in this chapter: |
268 | (1) "Board" means the Board of Cosmetology. |
269 | (2)(12) "Body wrapping" means a treatment program that |
270 | uses herbal wraps for the purposes of cleansing and beautifying |
271 | the skin of the body, but does not include: |
272 | (a) The application of oils, lotions, or other fluids to |
273 | the body, except fluids contained in presoaked materials used in |
274 | the wraps; or |
275 | (b) Manipulation of the body's superficial tissue, other |
276 | than that arising from compression emanating from the wrap |
277 | materials. |
278 | (3) "Cosmetologist" means a person who is licensed to |
279 | engage in the practice of cosmetology in this state under the |
280 | authority of this chapter. |
281 | (4) "Cosmetology" means the mechanical or chemical |
282 | treatment of the head, face, and scalp for aesthetic rather than |
283 | medical purposes, including, but not limited to, hair |
284 | shampooing, hair cutting, hair arranging, hair coloring, |
285 | permanent waving, and hair relaxing for compensation. This term |
286 | also includes performing hair removal, including wax treatments, |
287 | manicures, pedicures, and skin care services. |
288 | (5) "Cosmetology apprentice" means a person who is engaged |
289 | in learning the practice of cosmetology through actual work |
290 | experience under the supervision of a licensed cosmetologist. |
291 | (6) "Cosmetology apprenticeship program" means an |
292 | organized system of instruction, registered and approved by the |
293 | board, which shall contain terms and conditions for the |
294 | qualifications, recruitment, selection, employment, and training |
295 | of a cosmetology apprentice. |
296 | (7)(2) "Department" means the Department of Business and |
297 | Professional Regulation. |
298 | (8)(9) "Hair braiding" means the weaving or interweaving |
299 | of natural human hair for compensation without cutting, |
300 | coloring, permanent waving, relaxing, removing, or chemical |
301 | treatment and does not include the use of hair extensions or |
302 | wefts. |
303 | (9)(10) "Hair wrapping" means the wrapping of manufactured |
304 | materials around a strand or strands of human hair, for |
305 | compensation, without cutting, coloring, permanent waving, |
306 | relaxing, removing, weaving, chemically treating, braiding, |
307 | using hair extensions, or performing any other service defined |
308 | as cosmetology. |
309 | (10)(11) "Photography studio salon" means an establishment |
310 | where the hair-arranging services and the application of |
311 | cosmetic products are performed solely for the purpose of |
312 | preparing the model or client for the photographic session |
313 | without shampooing, cutting, coloring, permanent waving, |
314 | relaxing, or removing of hair or performing any other service |
315 | defined as cosmetology. |
316 | (11)(7) "Shampooing" means the washing of the hair with |
317 | soap and water or with a special preparation, or applying hair |
318 | tonics. |
319 | (12)(13) "Skin care services" means the treatment of the |
320 | skin of the body, other than the head, face, and scalp, by the |
321 | use of a sponge, brush, cloth, or similar device to apply or |
322 | remove a chemical preparation or other substance, except that |
323 | chemical peels may be removed by peeling an applied preparation |
324 | from the skin by hand. Skin care services must be performed by a |
325 | licensed cosmetologist, registered cosmetology apprentice, or |
326 | facial specialist within a licensed cosmetology or specialty |
327 | salon, and such services may not involve massage, as defined in |
328 | s. 480.033(3), through manipulation of the superficial tissue. |
329 | (13)(5) "Specialist" means any person holding a specialty |
330 | registration in one or more of the specialties registered under |
331 | this chapter. |
332 | (14)(6) "Specialty" means the practice of one or more of |
333 | the following: |
334 | (a) Manicuring, or the cutting, polishing, tinting, |
335 | coloring, cleansing, adding, or extending of the nails, and |
336 | massaging of the hands. This term includes any procedure or |
337 | process for the affixing of artificial nails, except those nails |
338 | which may be applied solely by use of a simple adhesive. |
339 | (b) Pedicuring, or the shaping, polishing, tinting, or |
340 | cleansing of the nails of the feet, and massaging or beautifying |
341 | of the feet. |
342 | (c) Facials, or the massaging or treating of the face or |
343 | scalp with oils, creams, lotions, or other preparations, and |
344 | skin care services. |
345 | (15)(8) "Specialty salon" means any place of business |
346 | wherein the practice of one or all of the specialties as defined |
347 | in subsection (14) (6) are engaged in or carried on. |
348 | Section 8. Section 477.019, Florida Statutes, is amended |
349 | to read: |
350 | 477.019 Cosmetologists; qualifications; licensure; |
351 | supervised practice; license renewal; endorsement; continuing |
352 | education.-- |
353 | (1) A person desiring to be licensed as a cosmetologist |
354 | shall apply to the department for licensure. |
355 | (2) An applicant shall be eligible for licensure by |
356 | examination to practice cosmetology if the applicant: |
357 | (a) Is at least 16 years of age or has received a high |
358 | school diploma.; |
359 | (b) Pays the required application fee, which is not |
360 | refundable, and the required examination fee, which is |
361 | refundable if the applicant is determined to not be eligible for |
362 | licensure for any reason other than failure to successfully |
363 | complete the licensure examination.; and |
364 | (c)1. Is authorized to practice cosmetology in another |
365 | state or country, has been so authorized for at least 1 year, |
366 | and does not qualify for licensure by endorsement as provided |
367 | for in subsection (6); or |
368 | 2. Has received a minimum of 1,200 hours of training as |
369 | established by the board, which shall include, but shall not be |
370 | limited to, the equivalent of completion of services directly |
371 | related to the practice of cosmetology at one of the following: |
372 | a. A school of cosmetology licensed pursuant to chapter |
373 | 1005. |
374 | b. A cosmetology program within the public school system. |
375 | c. The Cosmetology Division of the Florida School for the |
376 | Deaf and the Blind, provided the division meets the standards of |
377 | this chapter. |
378 | d. A government-operated cosmetology program in this |
379 | state. |
380 |
|
381 | The board shall establish by rule procedures whereby the school |
382 | or program may certify that a person is qualified to take the |
383 | required examination after the completion of a minimum of 1,000 |
384 | actual school hours. If the person then passes the examination, |
385 | he or she shall have satisfied this requirement; but if the |
386 | person fails the examination, he or she shall not be qualified |
387 | to take the examination again until the completion of the full |
388 | requirements provided by this section. |
389 | (3) Upon an applicant receiving a passing grade, as |
390 | established by board rule, on the examination and paying the |
391 | initial licensing fee, the department shall issue a license to |
392 | practice cosmetology. |
393 | (4) Following the completion of the first licensing |
394 | examination and pending the results of that examination and |
395 | issuance of a license to practice cosmetology, graduates of |
396 | licensed cosmetology schools or cosmetology programs offered in |
397 | public school systems, which schools or programs are certified |
398 | by the Department of Education, are eligible to practice |
399 | cosmetology, provided such graduates practice under the |
400 | supervision of a licensed cosmetologist in a licensed |
401 | cosmetology salon. A graduate who fails the first examination |
402 | may continue to practice under the supervision of a licensed |
403 | cosmetologist in a licensed cosmetology salon if the graduate |
404 | applies for the next available examination and until the |
405 | graduate receives the results of that examination. No graduate |
406 | may continue to practice under this subsection if the graduate |
407 | fails the examination twice. |
408 | (5) Renewal of license registration shall be accomplished |
409 | pursuant to rules adopted by the board. |
410 | (6) The board shall adopt rules specifying procedures for |
411 | the licensure by endorsement of practitioners desiring to be |
412 | licensed in this state who hold a current active license in |
413 | another state and who have met qualifications substantially |
414 | similar to, equivalent to, or greater than the qualifications |
415 | required of applicants from this state. |
416 | (7) The board shall by rule specify the procedures for the |
417 | registration of cosmetology apprentices. Each cosmetology |
418 | apprentice application and registration shall name a licensed |
419 | cosmetologist who has agreed to serve as the sponsor of the |
420 | apprentice and is registered as an apprentice sponsor with the |
421 | board. A cosmetology apprentice may not conduct, or contract to |
422 | conduct, cosmetology services without the express approval of |
423 | his or her sponsor. The sponsor may not allow cosmetology |
424 | services to be performed unless the apprentice clearly informs |
425 | the public that he or she is not a licensed cosmetologist but is |
426 | conducting services as an apprentice under the direct |
427 | supervision of a licensed cosmetologist, or his or her designee, |
428 | who is sponsoring the apprentice. |
429 | (8) A cosmetologist may not sponsor a cosmetology |
430 | apprentice unless the cosmetologist is registered as an |
431 | apprentice sponsor by the board. Each application for |
432 | registration shall include the names of the cosmetology salon |
433 | and its owner, the business mailing address and location, and |
434 | any other information which the board may require. The sponsor |
435 | shall report to the board within 30 days after any change in |
436 | this required information. |
437 | (9)(7)(a) The board shall prescribe by rule continuing |
438 | education requirements intended to ensure protection of the |
439 | public through updated training of licensees and registered |
440 | specialists, not to exceed 16 hours biennially, as a condition |
441 | for renewal of a license or registration as a specialist under |
442 | this chapter. Continuing education courses shall include, but |
443 | not be limited to, the following subjects as they relate to the |
444 | practice of cosmetology: human immunodeficiency virus and |
445 | acquired immune deficiency syndrome; Occupational Safety and |
446 | Health Administration regulations; workers' compensation issues; |
447 | state and federal laws and rules as they pertain to |
448 | cosmetologists, cosmetology, salons, specialists, specialty |
449 | salons, and booth renters; chemical makeup as it pertains to |
450 | hair, skin, and nails; and environmental issues. Courses given |
451 | at cosmetology conferences may be counted toward the number of |
452 | continuing education hours required if approved by the board. |
453 | (b) Any person whose occupation or practice is confined |
454 | solely to hair braiding, hair wrapping, or body wrapping is |
455 | exempt from the continuing education requirements of this |
456 | subsection. |
457 | (c) The board may, by rule, require any licensee in |
458 | violation of a continuing education requirement to take a |
459 | refresher course or refresher course and examination in addition |
460 | to any other penalty. The number of hours for the refresher |
461 | course may not exceed 48 hours. |
462 | Section 9. Paragraph (b) of subsection (1) of section |
463 | 477.0201, Florida Statutes, is amended to read: |
464 | 477.0201 Specialty registration; qualifications; |
465 | registration renewal; endorsement.-- |
466 | (1) Any person is qualified for registration as a |
467 | specialist in any one or more of the specialty practices within |
468 | the practice of cosmetology under this chapter who: |
469 | (b) Has received a certificate of completion in a |
470 | specialty pursuant to s. 477.013(6) from one of the following: |
471 | 1. A school licensed pursuant to s. 477.023. |
472 | 2. A school licensed pursuant to chapter 1005 or the |
473 | equivalent licensing authority of another state. |
474 | 3. A specialty program within the public school system. |
475 | 4. A specialty division within the Cosmetology Division of |
476 | the Florida School for the Deaf and the Blind, provided the |
477 | training programs comply with minimum curriculum requirements |
478 | established by the board. |
479 | Section 10. Section 477.0251, Florida Statutes, is created |
480 | to read: |
481 | 477.0251 Cosmetology apprenticeship training.-- |
482 | (1) The board shall establish uniform minimum standards |
483 | and requirements governing cosmetology apprenticeship programs, |
484 | cosmetology apprentice sponsors, and cosmetology apprentice |
485 | agreements. Such standards and requirements shall govern the |
486 | terms and conditions of the cosmetology apprentice's employment |
487 | and training, including the quality of the training of the |
488 | apprentice with respect to, but not limited to, such matters as |
489 | operation of a salon; health, safety, and sanitary requirements; |
490 | and licensure requirements. |
491 | (2) Training should be combined with properly coordinated |
492 | studies of related technical and supplementary subjects. |
493 | (3) A cosmetology apprentice must enter into a written |
494 | agreement, hereinafter called a cosmetology apprentice |
495 | agreement, with a registered cosmetologist apprentice sponsor |
496 | who may be either an employer who is a licensed cosmetologist or |
497 | an association of employers who are licensed cosmetologists. |
498 | (4) A cosmetologist may not sponsor more than three |
499 | cosmetology apprentices at one time. Any cosmetologist who |
500 | serves as a sponsor must have held an active, valid cosmetology |
501 | license for 3 consecutive years preceding the date on which that |
502 | cosmetologist is named as sponsor of the cosmetology apprentice. |
503 | (5) A cosmetologist who undertakes the sponsorship of a |
504 | cosmetology apprentice shall ensure that the cosmetology |
505 | apprentice receives training as required by board rule. |
506 | (6) Cosmetology apprentices are prohibited from conducting |
507 | cosmetology services without the prior express written consent |
508 | of the sponsor. The cosmetology apprentice's sponsor must be |
509 | present at a licensed salon at any time the cosmetology |
510 | apprentice is participating in the conduct of cosmetology. If |
511 | the cosmetology apprentice's sponsor cannot attend while a |
512 | cosmetology apprentice is performing cosmetology services, the |
513 | sponsor may appoint a qualified cosmetologist who meets the |
514 | requirements of board rules to be present and supervise the |
515 | cosmetology apprentice at a licensed salon in place of the |
516 | sponsor. Prior written consent must be given by the cosmetology |
517 | apprentice's sponsor for each substitution. |
518 | (7) Each cosmetology apprentice and sponsor shall file |
519 | reports as required by board rule. |
520 | (8) A sponsor may not authorize a cosmetology apprentice |
521 | to conduct cosmetology services unless the sponsor has |
522 | determined that the cosmetology apprentice has received adequate |
523 | training to do so. |
524 | (9) The sponsor shall be responsible for any acts or |
525 | omissions of the cosmetology apprentice which constitute a |
526 | violation of law in relation to the conduct of cosmetology. |
527 | (10) A registered cosmetology apprentice who wishes to |
528 | change the sponsor under whom he or she is registered must |
529 | submit a new application. However, a new registration fee shall |
530 | not be required. |
531 | (11) The board may adopt rules necessary to establish the |
532 | standards and requirements of this section. |
533 | Section 11. Section 477.0252, Florida Statutes, is created |
534 | to read: |
535 | 477.0252 Cosmetology apprenticeship program; duties of the |
536 | board.--The board shall: |
537 | (1) Administer the provisions of this chapter relating to |
538 | cosmetology apprentices, cosmetology apprentice sponsors, and |
539 | cosmetology apprenticeship programs. |
540 | (2) Administer the standards and requirements that are |
541 | established. |
542 | (3) Register in accordance with this chapter any |
543 | cosmetology apprentice, cosmetology apprentice sponsor, and |
544 | cosmetology apprenticeship program which meets standards |
545 | established by the board. |
546 | (4) Investigate complaints concerning the failure of any |
547 | registered cosmetology apprenticeship program to meet the |
548 | standards established by the board. |
549 | (5) Cancel the registration of any cosmetology apprentice |
550 | sponsor or cosmetology apprenticeship program that fails to |
551 | comply with the standards and requirements or that unreasonably |
552 | fails or refuses to cooperate with the board in monitoring and |
553 | enforcing compliance with such standards and requirements. |
554 | (6) Develop and encourage cosmetology apprenticeship |
555 | programs. |
556 | (7) Cooperate with and assist local cosmetology apprentice |
557 | sponsors in the development of cosmetology apprenticeship |
558 | standards and training requirements. |
559 | (8) Monitor registered cosmetology apprenticeship programs |
560 | to ensure that they are being operated in compliance with all |
561 | applicable standards and requirements. |
562 | (9) Supervise cosmetology apprenticeship programs which |
563 | are registered with the board. |
564 | (10) Ensure that minority and gender diversity are |
565 | considered in administering its regulation of cosmetology |
566 | apprenticeship programs. |
567 | (11) Adopt rules as required to implement regulation of |
568 | cosmetology apprenticeship programs. |
569 | Section 12. Paragraphs (g) and (h) are added to subsection |
570 | (1) of section 477.026, Florida Statutes, to read: |
571 | 477.026 Fees; disposition.-- |
572 | (1) The board shall set fees according to the following |
573 | schedule: |
574 | (g) For cosmetology apprentices, a fee not to exceed $50. |
575 | (h) For cosmetology sponsors, a fee not to exceed $50. |
576 | Section 13. Section 477.0265, Florida Statutes, is amended |
577 | to read: |
578 | 477.0265 Prohibited acts.-- |
579 | (1) It is unlawful for any person to: |
580 | (a) Engage in the practice of cosmetology or a specialty |
581 | without an active license as a cosmetologist or registration as |
582 | a cosmetology apprentice or registration as a specialist issued |
583 | by the department pursuant to the provisions of this chapter. |
584 | (b) Own, operate, maintain, open, establish, conduct, or |
585 | have charge of, either alone or with another person or persons, |
586 | a cosmetology salon or specialty salon: |
587 | 1. Which is not licensed under the provisions of this |
588 | chapter; or |
589 | 2. In which a person not licensed or registered as a |
590 | cosmetologist, cosmetology apprentice, or a specialist is |
591 | permitted to perform cosmetology services or any specialty. |
592 | (c) Engage in willful or repeated violations of this |
593 | chapter or of any rule adopted by the board. |
594 | (d) Permit an employed person to engage in the practice of |
595 | cosmetology or of a specialty unless such person holds a valid, |
596 | active license as a cosmetologist or registration as a |
597 | specialist or cosmetology apprentice. |
598 | (e) Obtain or attempt to obtain a license or registration |
599 | for money, other than the required fee, or any other thing of |
600 | value or by fraudulent misrepresentations. |
601 | (f) Use or attempt to use a license to practice |
602 | cosmetology or a registration to practice a specialty, which |
603 | license or registration is suspended or revoked. |
604 | (g) Advertise or imply that skin care services or body |
605 | wrapping, as performed under this chapter, have any relationship |
606 | to the practice of massage therapy as defined in s. 480.033(3), |
607 | except those practices or activities defined in s. 477.013. |
608 | (2) Any person who violates any provision of this section |
609 | commits is guilty of a misdemeanor of the second degree, |
610 | punishable as provided in s. 775.082 or s. 775.083. |
611 | Section 14. Paragraph (a) of subsection (1) of section |
612 | 477.029, Florida Statutes, is amended to read: |
613 | 477.029 Penalty.-- |
614 | (1) It is unlawful for any person to: |
615 | (a) Hold himself or herself out as a cosmetologist, |
616 | cosmetology apprentice, specialist, hair wrapper, hair braider, |
617 | or body wrapper unless duly licensed or registered, or otherwise |
618 | authorized, as provided in this chapter. |
619 | Section 15. This act shall take effect October 1, 2004. |