HB 1611

1
A bill to be entitled
2An act relating to barbering and cosmetology
3apprenticeship; amending s. 476.034, F.S.; defining the
4terms "apprentice" and "apprenticeship program"; amending
5s. 476.144, F.S.; providing for the registration of barber
6apprentices; requiring sponsorship by a licensed barber;
7requiring sponsor registration; requiring certain notice
8to the public; creating s. 476.190, F.S.; providing
9requirements for apprenticeship training, including
10minimum standards and requirements, written agreements,
11sponsorship requirements and restrictions, and reporting;
12providing rulemaking authority; creating s. 476.191, F.S.;
13providing duties of the Barbers' Board with respect to
14apprenticeship programs, including rulemaking to implement
15and administer regulation of such programs; amending s.
16476.192, F.S.; providing fees for apprentices and
17apprentice sponsors; amending s. 476.194, F.S.;
18prohibiting certain acts by or involving an apprentice;
19providing penalties; amending s. 477.013, F.S.; defining
20the terms "cosmetology apprentice" and "cosmetology
21apprenticeship program"; amending s. 477.019, F.S.;
22providing for the registration of cosmetology apprentices;
23requiring sponsorship by a licensed cosmetologist;
24requiring sponsor registration; requiring certain notice
25to the public; amending s. 477.0201, F.S.; removing a
26cross reference; creating s. 477.0251, F.S.; providing
27requirements for apprenticeship training, including
28minimum standards and requirements, written agreements,
29sponsorship requirements and restrictions, and reporting;
30creating s. 477.0252, F.S.; providing duties of the Board
31of Cosmetology with respect to cosmetology apprenticeship
32programs, including rulemaking to implement and administer
33regulation of such programs; amending s. 477.026, F.S.;
34providing fees for cosmetology apprentices and cosmetology
35apprentice sponsors; amending ss. 477.0265 and 477.029,
36F.S.; prohibiting certain acts by a cosmetology
37apprentice; providing penalties; providing an effective
38date.
39
40Be It Enacted by the Legislature of the State of Florida:
41
42     Section 1.  Section 476.034, Florida Statutes, is amended
43to read:
44     476.034  Definitions.--As used in this act:
45     (1)  "Apprentice" means a person who is engaged in learning
46the practice of barbering through actual work experience under
47the supervision of a licensed barber.
48     (2)  "Apprenticeship program" means an organized system of
49instruction, registered and approved by the board, which shall
50contain terms and conditions for the qualifications,
51recruitment, selection, employment, and training of a barber
52apprentice.
53     (3)(1)  "Barber" means a person who is licensed to engage
54in the practice of barbering in this state under the authority
55of this chapter.
56     (4)(2)  "Barbering" means any of the following practices
57when done for remuneration and for the public, but not when done
58for the treatment of disease or physical or mental ailments:
59shaving, cutting, trimming, coloring, shampooing, arranging,
60dressing, curling, or waving the hair or beard or applying oils,
61creams, lotions, or other preparations to the face, scalp, or
62neck, either by hand or by mechanical appliances.
63     (5)(3)  "Barbershop" means any place of business wherein
64the practice of barbering is carried on.
65     (6)(4)  "Board" means the Barbers' Board.
66     (7)(5)  "Department" means the Department of Business and
67Professional Regulation.
68     Section 2.  Section 476.144, Florida Statutes, is amended
69to read:
70     476.144  Licensure.--
71     (1)  The department shall license any applicant who the
72board certifies is qualified to practice barbering in this
73state.
74     (2)  The board shall certify for licensure any applicant
75who satisfies the requirements of s. 476.114, and who passes the
76required examination, achieving a passing grade as established
77by board rule.
78     (3)  Upon an applicant passing the examination and paying
79the initial licensing fee, the department shall issue a license.
80     (4)  The department shall keep a record relating to the
81issuance, refusal, and renewal of licenses. Such record shall
82contain the name, place of business, and residence of each
83licensed barber and the date and number of her or his license.
84     (5)  The board shall adopt rules specifying procedures for
85the licensure by endorsement of practitioners desiring to be
86licensed in this state who hold a current active license in
87another state or country and who have met qualifications
88substantially similar to, equivalent to, or greater than the
89qualifications required of applicants from this state.
90     (6)  The board shall by rule specify the procedures for the
91registration of barber apprentices. Each apprentice application
92and registration shall name a licensed barber who has agreed to
93serve as the sponsor of the apprentice and is registered as an
94apprentice sponsor with the board. An apprentice may not
95conduct, or contract to conduct, barbering services without the
96express approval of his or her sponsor. The sponsor may not
97allow barbering services to be performed unless the apprentice
98clearly informs the public that he or she is not a licensed
99barber but is conducting services as an apprentice under the
100direct supervision of a licensed barber, or his or her designee,
101who is sponsoring the apprentice.
102     (7)  A barber may not sponsor an apprentice unless the
103barber is registered as an apprentice sponsor by the board. Each
104application for registration shall include the names of the
105barbershop and its owner, the business mailing address and
106location, and any other information the board may require. The
107sponsor shall report to the board within 30 days after any
108change in this required information.
109     (8)(6)  A person may apply for a restricted license to
110practice barbering. The board shall adopt rules specifying
111procedures for an applicant to obtain a restricted license if
112the applicant:
113     (a)1.  Has successfully completed a restricted barber
114course, as established by rule of the board, at a school of
115barbering licensed pursuant to chapter 1005, a barbering program
116within the public school system, or a government-operated
117barbering program in this state; or
118     2.a.  Holds or has within the previous 5 years held an
119active valid license to practice barbering in another state or
120country or has held a Florida barbering license which has been
121declared null and void for failure to renew the license, and the
122applicant fulfilled the requirements of s. 476.114(2)(c)2. for
123initial licensure; and
124     b.  Has not been disciplined relating to the practice of
125barbering in the previous 5 years; and
126     (b)  Passes a written examination on the laws and rules
127governing the practice of barbering in Florida, as established
128by the board, and a practical examination approved by the board.
129
130The restricted license shall limit the licensee's practice to
131those specific areas in which the applicant has demonstrated
132competence pursuant to rules adopted by the board.
133     (9)(7)  Pending results of the first licensing examination
134taken and upon submission of an application for licensure that
135includes proof of successful completion of the educational
136requirements specified in this chapter and payment of the
137applicable licensure fees, a person is eligible to practice as a
138barber, provided such person practices under the supervision of
139a licensed barber in a licensed barbershop. A person who fails
140the examination may continue to practice under the supervision
141of a licensed barber in a licensed barbershop, provided the
142person applies for the next available examination, and may
143continue such practice until receipt of the results of that
144second examination are received by the person. No person may
145continue to practice as a barber under this subsection upon
146failure to pass the examination on the second attempt.
147     Section 3.  Section 476.190, Florida Statutes, is created
148to read:
149     476.190  Apprenticeship training.--
150     (1)  The board shall establish uniform minimum standards
151and requirements governing apprenticeship programs, apprentice
152sponsors, and apprentice agreements. Such standards and
153requirements shall govern the terms and conditions of the
154apprentice's employment and training, including the quality of
155the training of the apprentice with respect to, but not limited
156to, such matters as operation of a barbershop; health, safety,
157and sanitary requirements; and licensure requirements.
158     (2)  Training should be combined with properly coordinated
159studies of related technical and supplementary subjects.
160     (3)  An apprentice must enter into a written agreement,
161hereinafter called an apprentice agreement, with a registered
162barber apprentice sponsor who may be either an employer who is a
163licensed barber or an association of employers who are licensed
164barbers.
165     (4)  A barber may not sponsor more than three apprentices
166at one time. Any barber who serves as a sponsor must have held
167an active, valid barber license for 3 consecutive years
168preceding the date on which that barber is named as sponsor of
169the apprentice.
170     (5)  A barber who undertakes the sponsorship of an
171apprentice shall ensure that the apprentice receives training as
172required by board rule.
173     (6)  An apprentice is prohibited from conducting barbering
174services without the prior express written consent of the
175sponsor. The apprentice's sponsor must be present at a licensed
176barbershop at any time the apprentice is participating in the
177conduct of barbering. If the apprentice's sponsor cannot attend
178while an apprentice is performing barbering services, the
179sponsor may appoint a qualified barber who meets the
180requirements of board rules to be present and supervise the
181apprentice at a licensed barbershop in place of the sponsor.
182Prior written consent must be given by the apprentice's sponsor
183for each substitution.
184     (7)  Each apprentice and sponsor shall file reports as
185required by board rule.
186     (8)  A sponsor may not authorize an apprentice to conduct
187barbering services unless the sponsor has determined that the
188apprentice has received adequate training to do so.
189     (9)  The sponsor shall be responsible for any acts or
190omissions of the apprentice which constitute a violation of law
191in relation to the conduct of barbering.
192     (10)  Any registered apprentice who wishes to change the
193sponsor under whom he or she is registered must submit a new
194application. However, a new registration fee shall not be
195required.
196     (11)  The board may adopt rules necessary to establish the
197standards and requirements of this section.
198     Section 4.  Section 476.191, Florida Statutes, is created
199to read:
200     476.191  Apprenticeship program; duties of the board.--The
201board shall:
202     (1)  Administer the provisions of this chapter relating to
203apprentices, apprentice sponsors, and apprenticeship programs.
204     (2)  Administer the standards and requirements that are
205established.
206     (3)  Register in accordance with this chapter any
207apprentice, apprentice sponsor, and apprenticeship program which
208meets standards established by the board.
209     (4)  Investigate complaints concerning the failure of any
210registered apprenticeship program to meet the standards
211established by the board.
212     (5)  Cancel the registration of any apprentice sponsor or
213apprenticeship program that fails to comply with the standards
214and requirements or that unreasonably fails or refuses to
215cooperate with the board in monitoring and enforcing compliance
216with such standards and requirements.
217     (6)  Develop and encourage apprenticeship programs.
218     (7)  Cooperate with and assist local apprentice sponsors in
219the development of apprenticeship standards and training
220requirements.
221     (8)  Monitor registered apprenticeship programs to ensure
222that they are being operated in compliance with all applicable
223standards and requirements.
224     (9)  Supervise apprenticeship programs that are registered
225with the board.
226     (10)  Ensure that minority and gender diversity are
227considered in administering its regulation of apprenticeship
228programs.
229     (11)  Adopt rules necessary to implement and administer
230regulation 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
235following 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
239to 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
243license as a barber or registration as an apprentice issued
244pursuant to the provisions of this act by the department.
245     (b)  Engage in willful or repeated violations of this act
246or of any of the rules adopted by the board.
247     (c)  Hire or employ any person to engage in the practice of
248barbering unless such person holds a valid license as a barber
249or a registration as an apprentice.
250     (d)  Obtain or attempt to obtain a license for money other
251than the required fee or any other thing of value or by
252fraudulent misrepresentations.
253     (e)  Own, operate, maintain, open, establish, conduct, or
254have charge of, either alone or with another person or persons,
255a barbershop:
256     1.  Which is not licensed under the provisions of this
257chapter; or
258     2.  In which a person not licensed as a barber or
259registered as an apprentice is permitted to perform services.
260     (f)  Use or attempt to use a license to practice barbering
261when said license is suspended or revoked.
262     (2)  Any person who violates any provision of this section
263commits is guilty of a misdemeanor of the second degree,
264punishable as provided in s. 775.082 or s. 775.083.
265     Section 7.  Section 477.013, Florida Statutes, is amended
266to 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
270uses herbal wraps for the purposes of cleansing and beautifying
271the skin of the body, but does not include:
272     (a)  The application of oils, lotions, or other fluids to
273the body, except fluids contained in presoaked materials used in
274the wraps; or
275     (b)  Manipulation of the body's superficial tissue, other
276than that arising from compression emanating from the wrap
277materials.
278     (3)  "Cosmetologist" means a person who is licensed to
279engage in the practice of cosmetology in this state under the
280authority of this chapter.
281     (4)  "Cosmetology" means the mechanical or chemical
282treatment of the head, face, and scalp for aesthetic rather than
283medical purposes, including, but not limited to, hair
284shampooing, hair cutting, hair arranging, hair coloring,
285permanent waving, and hair relaxing for compensation. This term
286also includes performing hair removal, including wax treatments,
287manicures, pedicures, and skin care services.
288     (5)  "Cosmetology apprentice" means a person who is engaged
289in learning the practice of cosmetology through actual work
290experience under the supervision of a licensed cosmetologist.
291     (6)  "Cosmetology apprenticeship program" means an
292organized system of instruction, registered and approved by the
293board, which shall contain terms and conditions for the
294qualifications, recruitment, selection, employment, and training
295of a cosmetology apprentice.
296     (7)(2)  "Department" means the Department of Business and
297Professional Regulation.
298     (8)(9)  "Hair braiding" means the weaving or interweaving
299of natural human hair for compensation without cutting,
300coloring, permanent waving, relaxing, removing, or chemical
301treatment and does not include the use of hair extensions or
302wefts.
303     (9)(10)  "Hair wrapping" means the wrapping of manufactured
304materials around a strand or strands of human hair, for
305compensation, without cutting, coloring, permanent waving,
306relaxing, removing, weaving, chemically treating, braiding,
307using hair extensions, or performing any other service defined
308as cosmetology.
309     (10)(11)  "Photography studio salon" means an establishment
310where the hair-arranging services and the application of
311cosmetic products are performed solely for the purpose of
312preparing the model or client for the photographic session
313without shampooing, cutting, coloring, permanent waving,
314relaxing, or removing of hair or performing any other service
315defined as cosmetology.
316     (11)(7)  "Shampooing" means the washing of the hair with
317soap and water or with a special preparation, or applying hair
318tonics.
319     (12)(13)  "Skin care services" means the treatment of the
320skin of the body, other than the head, face, and scalp, by the
321use of a sponge, brush, cloth, or similar device to apply or
322remove a chemical preparation or other substance, except that
323chemical peels may be removed by peeling an applied preparation
324from the skin by hand. Skin care services must be performed by a
325licensed cosmetologist, registered cosmetology apprentice, or
326facial specialist within a licensed cosmetology or specialty
327salon, and such services may not involve massage, as defined in
328s. 480.033(3), through manipulation of the superficial tissue.
329     (13)(5)  "Specialist" means any person holding a specialty
330registration in one or more of the specialties registered under
331this chapter.
332     (14)(6)  "Specialty" means the practice of one or more of
333the following:
334     (a)  Manicuring, or the cutting, polishing, tinting,
335coloring, cleansing, adding, or extending of the nails, and
336massaging of the hands. This term includes any procedure or
337process for the affixing of artificial nails, except those nails
338which may be applied solely by use of a simple adhesive.
339     (b)  Pedicuring, or the shaping, polishing, tinting, or
340cleansing of the nails of the feet, and massaging or beautifying
341of the feet.
342     (c)  Facials, or the massaging or treating of the face or
343scalp with oils, creams, lotions, or other preparations, and
344skin care services.
345     (15)(8)  "Specialty salon" means any place of business
346wherein the practice of one or all of the specialties as defined
347in subsection (14) (6) are engaged in or carried on.
348     Section 8.  Section 477.019, Florida Statutes, is amended
349to read:
350     477.019  Cosmetologists; qualifications; licensure;
351supervised practice; license renewal; endorsement; continuing
352education.--
353     (1)  A person desiring to be licensed as a cosmetologist
354shall apply to the department for licensure.
355     (2)  An applicant shall be eligible for licensure by
356examination to practice cosmetology if the applicant:
357     (a)  Is at least 16 years of age or has received a high
358school diploma.;
359     (b)  Pays the required application fee, which is not
360refundable, and the required examination fee, which is
361refundable if the applicant is determined to not be eligible for
362licensure for any reason other than failure to successfully
363complete the licensure examination.; and
364     (c)1.  Is authorized to practice cosmetology in another
365state or country, has been so authorized for at least 1 year,
366and does not qualify for licensure by endorsement as provided
367for in subsection (6); or
368     2.  Has received a minimum of 1,200 hours of training as
369established by the board, which shall include, but shall not be
370limited to, the equivalent of completion of services directly
371related to the practice of cosmetology at one of the following:
372     a.  A school of cosmetology licensed pursuant to chapter
3731005.
374     b.  A cosmetology program within the public school system.
375     c.  The Cosmetology Division of the Florida School for the
376Deaf and the Blind, provided the division meets the standards of
377this chapter.
378     d.  A government-operated cosmetology program in this
379state.
380
381The board shall establish by rule procedures whereby the school
382or program may certify that a person is qualified to take the
383required examination after the completion of a minimum of 1,000
384actual school hours. If the person then passes the examination,
385he or she shall have satisfied this requirement; but if the
386person fails the examination, he or she shall not be qualified
387to take the examination again until the completion of the full
388requirements provided by this section.
389     (3)  Upon an applicant receiving a passing grade, as
390established by board rule, on the examination and paying the
391initial licensing fee, the department shall issue a license to
392practice cosmetology.
393     (4)  Following the completion of the first licensing
394examination and pending the results of that examination and
395issuance of a license to practice cosmetology, graduates of
396licensed cosmetology schools or cosmetology programs offered in
397public school systems, which schools or programs are certified
398by the Department of Education, are eligible to practice
399cosmetology, provided such graduates practice under the
400supervision of a licensed cosmetologist in a licensed
401cosmetology salon. A graduate who fails the first examination
402may continue to practice under the supervision of a licensed
403cosmetologist in a licensed cosmetology salon if the graduate
404applies for the next available examination and until the
405graduate receives the results of that examination. No graduate
406may continue to practice under this subsection if the graduate
407fails the examination twice.
408     (5)  Renewal of license registration shall be accomplished
409pursuant to rules adopted by the board.
410     (6)  The board shall adopt rules specifying procedures for
411the licensure by endorsement of practitioners desiring to be
412licensed in this state who hold a current active license in
413another state and who have met qualifications substantially
414similar to, equivalent to, or greater than the qualifications
415required of applicants from this state.
416     (7)  The board shall by rule specify the procedures for the
417registration of cosmetology apprentices. Each cosmetology
418apprentice application and registration shall name a licensed
419cosmetologist who has agreed to serve as the sponsor of the
420apprentice and is registered as an apprentice sponsor with the
421board. A cosmetology apprentice may not conduct, or contract to
422conduct, cosmetology services without the express approval of
423his or her sponsor. The sponsor may not allow cosmetology
424services to be performed unless the apprentice clearly informs
425the public that he or she is not a licensed cosmetologist but is
426conducting services as an apprentice under the direct
427supervision of a licensed cosmetologist, or his or her designee,
428who is sponsoring the apprentice.
429     (8)  A cosmetologist may not sponsor a cosmetology
430apprentice unless the cosmetologist is registered as an
431apprentice sponsor by the board. Each application for
432registration shall include the names of the cosmetology salon
433and its owner, the business mailing address and location, and
434any other information which the board may require. The sponsor
435shall report to the board within 30 days after any change in
436this required information.
437     (9)(7)(a)  The board shall prescribe by rule continuing
438education requirements intended to ensure protection of the
439public through updated training of licensees and registered
440specialists, not to exceed 16 hours biennially, as a condition
441for renewal of a license or registration as a specialist under
442this chapter. Continuing education courses shall include, but
443not be limited to, the following subjects as they relate to the
444practice of cosmetology: human immunodeficiency virus and
445acquired immune deficiency syndrome; Occupational Safety and
446Health Administration regulations; workers' compensation issues;
447state and federal laws and rules as they pertain to
448cosmetologists, cosmetology, salons, specialists, specialty
449salons, and booth renters; chemical makeup as it pertains to
450hair, skin, and nails; and environmental issues. Courses given
451at cosmetology conferences may be counted toward the number of
452continuing education hours required if approved by the board.
453     (b)  Any person whose occupation or practice is confined
454solely to hair braiding, hair wrapping, or body wrapping is
455exempt from the continuing education requirements of this
456subsection.
457     (c)  The board may, by rule, require any licensee in
458violation of a continuing education requirement to take a
459refresher course or refresher course and examination in addition
460to any other penalty. The number of hours for the refresher
461course may not exceed 48 hours.
462     Section 9.  Paragraph (b) of subsection (1) of section
463477.0201, Florida Statutes, is amended to read:
464     477.0201  Specialty registration; qualifications;
465registration renewal; endorsement.--
466     (1)  Any person is qualified for registration as a
467specialist in any one or more of the specialty practices within
468the practice of cosmetology under this chapter who:
469     (b)  Has received a certificate of completion in a
470specialty 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
473equivalent 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
476the Florida School for the Deaf and the Blind, provided the
477training programs comply with minimum curriculum requirements
478established by the board.
479     Section 10.  Section 477.0251, Florida Statutes, is created
480to read:
481     477.0251  Cosmetology apprenticeship training.--
482     (1)  The board shall establish uniform minimum standards
483and requirements governing cosmetology apprenticeship programs,
484cosmetology apprentice sponsors, and cosmetology apprentice
485agreements. Such standards and requirements shall govern the
486terms and conditions of the cosmetology apprentice's employment
487and training, including the quality of the training of the
488apprentice with respect to, but not limited to, such matters as
489operation of a salon; health, safety, and sanitary requirements;
490and licensure requirements.
491     (2)  Training should be combined with properly coordinated
492studies of related technical and supplementary subjects.
493     (3)  A cosmetology apprentice must enter into a written
494agreement, hereinafter called a cosmetology apprentice
495agreement, with a registered cosmetologist apprentice sponsor
496who may be either an employer who is a licensed cosmetologist or
497an association of employers who are licensed cosmetologists.
498     (4)  A cosmetologist may not sponsor more than three
499cosmetology apprentices at one time. Any cosmetologist who
500serves as a sponsor must have held an active, valid cosmetology
501license for 3 consecutive years preceding the date on which that
502cosmetologist is named as sponsor of the cosmetology apprentice.
503     (5)  A cosmetologist who undertakes the sponsorship of a
504cosmetology apprentice shall ensure that the cosmetology
505apprentice receives training as required by board rule.
506     (6)  Cosmetology apprentices are prohibited from conducting
507cosmetology services without the prior express written consent
508of the sponsor. The cosmetology apprentice's sponsor must be
509present at a licensed salon at any time the cosmetology
510apprentice is participating in the conduct of cosmetology. If
511the cosmetology apprentice's sponsor cannot attend while a
512cosmetology apprentice is performing cosmetology services, the
513sponsor may appoint a qualified cosmetologist who meets the
514requirements of board rules to be present and supervise the
515cosmetology apprentice at a licensed salon in place of the
516sponsor. Prior written consent must be given by the cosmetology
517apprentice's sponsor for each substitution.
518     (7)  Each cosmetology apprentice and sponsor shall file
519reports as required by board rule.
520     (8)  A sponsor may not authorize a cosmetology apprentice
521to conduct cosmetology services unless the sponsor has
522determined that the cosmetology apprentice has received adequate
523training to do so.
524     (9)  The sponsor shall be responsible for any acts or
525omissions of the cosmetology apprentice which constitute a
526violation of law in relation to the conduct of cosmetology.
527     (10)  A registered cosmetology apprentice who wishes to
528change the sponsor under whom he or she is registered must
529submit a new application. However, a new registration fee shall
530not be required.
531     (11)  The board may adopt rules necessary to establish the
532standards and requirements of this section.
533     Section 11.  Section 477.0252, Florida Statutes, is created
534to read:
535     477.0252  Cosmetology apprenticeship program; duties of the
536board.--The board shall:
537     (1)  Administer the provisions of this chapter relating to
538cosmetology apprentices, cosmetology apprentice sponsors, and
539cosmetology apprenticeship programs.
540     (2)  Administer the standards and requirements that are
541established.
542     (3)  Register in accordance with this chapter any
543cosmetology apprentice, cosmetology apprentice sponsor, and
544cosmetology apprenticeship program which meets standards
545established by the board.
546     (4)  Investigate complaints concerning the failure of any
547registered cosmetology apprenticeship program to meet the
548standards established by the board.
549     (5)  Cancel the registration of any cosmetology apprentice
550sponsor or cosmetology apprenticeship program that fails to
551comply with the standards and requirements or that unreasonably
552fails or refuses to cooperate with the board in monitoring and
553enforcing compliance with such standards and requirements.
554     (6)  Develop and encourage cosmetology apprenticeship
555programs.
556     (7)  Cooperate with and assist local cosmetology apprentice
557sponsors in the development of cosmetology apprenticeship
558standards and training requirements.
559     (8)  Monitor registered cosmetology apprenticeship programs
560to ensure that they are being operated in compliance with all
561applicable standards and requirements.
562     (9)  Supervise cosmetology apprenticeship programs which
563are registered with the board.
564     (10)  Ensure that minority and gender diversity are
565considered in administering its regulation of cosmetology
566apprenticeship programs.
567     (11)  Adopt rules as required to implement regulation of
568cosmetology 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
573schedule:
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
577to 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
581without an active license as a cosmetologist or registration as
582a cosmetology apprentice or registration as a specialist issued
583by the department pursuant to the provisions of this chapter.
584     (b)  Own, operate, maintain, open, establish, conduct, or
585have charge of, either alone or with another person or persons,
586a cosmetology salon or specialty salon:
587     1.  Which is not licensed under the provisions of this
588chapter; or
589     2.  In which a person not licensed or registered as a
590cosmetologist, cosmetology apprentice, or a specialist is
591permitted to perform cosmetology services or any specialty.
592     (c)  Engage in willful or repeated violations of this
593chapter or of any rule adopted by the board.
594     (d)  Permit an employed person to engage in the practice of
595cosmetology or of a specialty unless such person holds a valid,
596active license as a cosmetologist or registration as a
597specialist or cosmetology apprentice.
598     (e)  Obtain or attempt to obtain a license or registration
599for money, other than the required fee, or any other thing of
600value or by fraudulent misrepresentations.
601     (f)  Use or attempt to use a license to practice
602cosmetology or a registration to practice a specialty, which
603license or registration is suspended or revoked.
604     (g)  Advertise or imply that skin care services or body
605wrapping, as performed under this chapter, have any relationship
606to the practice of massage therapy as defined in s. 480.033(3),
607except those practices or activities defined in s. 477.013.
608     (2)  Any person who violates any provision of this section
609commits is guilty of a misdemeanor of the second degree,
610punishable as provided in s. 775.082 or s. 775.083.
611     Section 14.  Paragraph (a) of subsection (1) of section
612477.029, 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,
616cosmetology apprentice, specialist, hair wrapper, hair braider,
617or body wrapper unless duly licensed or registered, or otherwise
618authorized, as provided in this chapter.
619     Section 15.  This act shall take effect October 1, 2004.


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