Senate Bill sb2530

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    Florida Senate - 2004                                  SB 2530

    By Senator Siplin





    19-1631-04                                              See HB

  1                      A bill to be entitled

  2         An act relating to barbering and cosmetology

  3         apprenticeship; amending s. 476.034, F.S.;

  4         defining the terms "apprentice" and

  5         "apprenticeship program"; amending s. 476.114,

  6         F.S.; authorizing certain training as an

  7         apprentice to qualify for licensure by

  8         examination to practice barbering; amending s.

  9         476.144, F.S.; providing for the licensure of

10         barber apprentices; requiring sponsorship by a

11         licensed barber; requiring sponsor

12         registration; requiring the keeping of certain

13         records relating to barber apprentices;

14         creating s. 476.190, F.S.; providing

15         requirements for apprenticeship training,

16         including minimum standards and requirements,

17         written agreements, sponsorship requirements

18         and restrictions, and reporting; providing

19         rulemaking authority; creating s. 476.191,

20         F.S.; providing duties of the Barbers' Board

21         with respect to apprenticeship programs,

22         including rulemaking to implement and

23         administer regulation of such programs;

24         amending s. 476.192, F.S.; providing fees for

25         apprentices and apprenticeship sponsors;

26         amending s. 476.194, F.S.; prohibiting certain

27         acts by or involving an apprentice; providing

28         penalties; amending s. 477.013, F.S.; defining

29         the terms "cosmetology apprentice" and

30         "cosmetology apprenticeship program"; amending

31         s. 477.019, F.S.; authorizing certain training

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    Florida Senate - 2004                                  SB 2530
    19-1631-04                                              See HB




 1         as an apprentice to qualify for licensure by

 2         examination to practice cosmetology; amending

 3         s. 477.0201, F.S.; removing a cross-reference;

 4         creating s. 477.0251, F.S.; providing

 5         requirements for apprenticeship training,

 6         including minimum standards and requirements,

 7         written agreements, sponsorship requirements

 8         and restrictions, and reporting; creating s.

 9         477.0252, F.S.; providing duties of the Board

10         of Cosmetology with respect to apprenticeship

11         programs, including rulemaking to implement and

12         administer regulation of such programs;

13         amending s. 477.026, F.S.; providing fees for

14         cosmetology apprentices and apprenticeship

15         sponsors; amending ss. 477.0265 and 477.029,

16         F.S.; prohibiting certain acts by a cosmetology

17         apprentice; providing penalties; providing an

18         effective date.

19  

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

21  

22         Section 1.  Section 476.034, Florida Statutes, is

23  amended to read:

24         476.034  Definitions.--As used in this act:

25         (1)  "Apprentice" means a person who is engaged in

26  learning the practice of barbering through actual work

27  experience under the supervision of a licensed barber.

28         (2)  "Apprenticeship program" means an organized system

29  of instruction, registered and approved by the board, which

30  shall contain all terms and conditions for the qualifications,

31  

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    Florida Senate - 2004                                  SB 2530
    19-1631-04                                              See HB




 1  recruitment, selection, employment, and training of a barber

 2  apprentice.

 3         (3)(1)  "Barber" means a person who is licensed to

 4  engage in the practice of barbering in this state under the

 5  authority of this chapter.

 6         (4)(2)  "Barbering" means any of the following

 7  practices when done for remuneration and for the public, but

 8  not when done for the treatment of disease or physical or

 9  mental ailments: shaving, cutting, trimming, coloring,

10  shampooing, arranging, dressing, curling, or waving the hair

11  or beard or applying oils, creams, lotions, or other

12  preparations to the face, scalp, or neck, either by hand or by

13  mechanical appliances.

14         (5)(3)  "Barbershop" means any place of business

15  wherein the practice of barbering is carried on.

16         (6)(4)  "Board" means the Barbers' Board.

17         (7)(5)  "Department" means the Department of Business

18  and Professional Regulation.

19         Section 2.  Subsection (2) of section 476.114, Florida

20  Statutes, is amended to read:

21         476.114  Examination; prerequisites.--

22         (2)  An applicant shall be eligible for licensure by

23  examination to practice barbering if the applicant:

24         (a)  Is at least 16 years of age.;

25         (b)  Pays the required application fee.; and

26         (c)1.  Holds an active valid license to practice

27  barbering in another state, has held the license for at least

28  1 year, and does not qualify for licensure by endorsement as

29  provided for in s. 476.144(5); or

30         2.  Has received a minimum of 1,200 hours of training

31  as established by the board, which shall include, but shall

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    Florida Senate - 2004                                  SB 2530
    19-1631-04                                              See HB




 1  not be limited to, the equivalent of completion of services

 2  directly related to the practice of barbering at one of the

 3  following:

 4         a.  A school of barbering licensed pursuant to chapter

 5  1005.;

 6         b.  A barbering program within the public school

 7  system.; or

 8         c.  A government-operated barbering program in this

 9  state.

10         d.  An apprenticeship program.

11  

12  The board shall establish by rule procedures whereby the

13  school, sponsor, or program may certify that a person is

14  qualified to take the required examination after the

15  completion of a minimum of 1,000 actual school or

16  apprenticeship hours. If the person passes the examination,

17  she or he shall have satisfied this requirement; but if the

18  person fails the examination, she or he shall not be qualified

19  to take the examination again until the completion of the full

20  requirements provided by this section.

21         Section 3.  Section 476.144, Florida Statutes, is

22  amended to read:

23         476.144  Licensure.--

24         (1)  The department shall license any applicant who the

25  board certifies is qualified to practice barbering in this

26  state.

27         (2)  The board shall certify for licensure any

28  applicant who satisfies the requirements of s. 476.114, and

29  who passes the required examination, achieving a passing grade

30  as established by board rule.

31  

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    Florida Senate - 2004                                  SB 2530
    19-1631-04                                              See HB




 1         (3)  Upon an applicant passing the examination and

 2  paying the initial licensing fee, the department shall issue a

 3  license.

 4         (4)  The department shall keep a record relating to the

 5  issuance, refusal, and renewal of licenses. Such record shall

 6  contain the name, place of business, and residence of each

 7  licensed barber or licensed apprentice and the date and number

 8  of her or his license.

 9         (5)  The board shall adopt rules specifying procedures

10  for the licensure by endorsement of practitioners desiring to

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

12  another state or country and who have met qualifications

13  substantially similar to, equivalent to, or greater than the

14  qualifications required of applicants from this state.

15         (6)  The board shall by rule specify the procedures for

16  the licensure of barber apprentices. Each apprentice

17  application and license shall name a licensed barber who has

18  agreed to serve as the sponsor of the apprentice and is

19  registered with the board. An apprentice may not conduct, or

20  contract to conduct, barbering services without the express

21  approval of his or her sponsor. The sponsor shall regularly

22  review the apprentice's records, which are required by the

23  board to be maintained, to determine if such records are

24  accurate and current.

25         (7)  A barber may not sponsor an apprentice unless the

26  barber is licensed under this chapter and registered as an

27  apprenticeship sponsor by the board. Each application for

28  registration shall include the names of the barbershop and its

29  owner, the business mailing address and location, and any

30  other information the board may require. The sponsor shall

31  

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    Florida Senate - 2004                                  SB 2530
    19-1631-04                                              See HB




 1  report to the board within 30 days after any change in this

 2  required information.

 3         (8)(6)  A person may apply for a restricted license to

 4  practice barbering. The board shall adopt rules specifying

 5  procedures for an applicant to obtain a restricted license if

 6  the applicant:

 7         (a)1.  Has successfully completed a restricted barber

 8  course, as established by rule of the board, at a school of

 9  barbering licensed pursuant to chapter 1005, a barbering

10  program within the public school system, or a

11  government-operated barbering program in this state; or

12         2.a.  Holds or has within the previous 5 years held an

13  active valid license to practice barbering in another state or

14  country or has held a Florida barbering license which has been

15  declared null and void for failure to renew the license, and

16  the applicant fulfilled the requirements of s. 476.114(2)(c)2.

17  for initial licensure; and

18         b.  Has not been disciplined relating to the practice

19  of barbering in the previous 5 years; and

20         (b)  Passes a written examination on the laws and rules

21  governing the practice of barbering in Florida, as established

22  by the board, and a practical examination approved by the

23  board.

24  

25  The restricted license shall limit the licensee's practice to

26  those specific areas in which the applicant has demonstrated

27  competence pursuant to rules adopted by the board.

28         (9)(7)  Pending results of the first licensing

29  examination taken and upon submission of an application for

30  licensure that includes proof of successful completion of the

31  educational requirements specified in this chapter and payment

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    Florida Senate - 2004                                  SB 2530
    19-1631-04                                              See HB




 1  of the applicable licensure fees, a person is eligible to

 2  practice as a barber, provided such person practices under the

 3  supervision of a licensed barber in a licensed barbershop. A

 4  person who fails the examination may continue to practice

 5  under the supervision of a licensed barber in a licensed

 6  barbershop, provided the person applies for the next available

 7  examination, and may continue such practice until receipt of

 8  the results of that second examination are received by the

 9  person. No person may continue to practice as a barber under

10  this subsection upon failure to pass the examination on the

11  second attempt.

12         Section 4.  Section 476.190, Florida Statutes, is

13  created to read:

14         476.190  Apprenticeship training.--

15         (1)  The board shall establish uniform minimum

16  standards and requirements governing apprenticeship programs,

17  sponsors, and agreements. Such standards and requirements

18  shall govern the terms and conditions of the apprentice's

19  employment and training, including the quality of the training

20  of the apprentice with respect to, but not limited to, such

21  matters as operation of a barbershop; health, safety, and

22  sanitary requirements; and licensure requirements.

23         (2)  Training should be combined with properly

24  coordinated studies of related technical and supplementary

25  subjects.

26         (3)  An apprentice must enter into a written agreement,

27  hereinafter called an apprentice agreement, with a registered

28  barber apprenticeship sponsor who may be either an employer

29  who is a licensed barber or an association of employers who

30  are licensed barbers.

31  

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    Florida Senate - 2004                                  SB 2530
    19-1631-04                                              See HB




 1         (4)  A barber may not sponsor more than three

 2  apprentices at one time. Any barber who serves as a sponsor

 3  must have held an active, valid barber license for 3

 4  consecutive years preceding the date on which that barber is

 5  named as sponsor of the apprentice.

 6         (5)  A barber who undertakes the sponsorship of an

 7  apprentice shall ensure that the apprentice receives training

 8  as required by board rule.

 9         (6)  An apprentice must actively participate in

10  barbering, and a record of barbering services for which

11  participation credit is claimed must be made as required by

12  board rule.

13         (7)  An apprentice is prohibited from conducting

14  barbering services without the prior express written consent

15  of the sponsor. The apprentice's sponsor must be present at a

16  licensed barbershop at any time the apprentice is actively

17  participating in the conduct of barbering. If the apprentice's

18  sponsor cannot attend while an apprentice is performing

19  barbering services, the sponsor may appoint a qualified barber

20  who meets the requirements of board rules to be present and

21  supervise the apprentice at a licensed barbershop in place of

22  the sponsor. Prior written consent must be given by the

23  apprentice's sponsor for each substitution.

24         (8)  Each apprentice and sponsor shall file reports as

25  required by board rule.

26         (9)  A sponsor may not authorize an apprentice to

27  conduct barbering services unless the sponsor has determined

28  that the apprentice has received adequate training to do so.

29         (10)  The sponsor shall be responsible for any acts or

30  omissions of the apprentice which constitute a violation of

31  law in relation to the conduct of barbering.

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    Florida Senate - 2004                                  SB 2530
    19-1631-04                                              See HB




 1         (11)  Any licensed apprentice who wishes to change the

 2  sponsor under whom he or she is licensed must submit a new

 3  application. However, a new license fee shall not be required

 4  and credit shall be awarded for training received for any

 5  period of apprenticeship served under the previous sponsor.

 6         (12)  Credit for training received or any period of

 7  apprenticeship served shall not be allowed unless it occurred

 8  under the supervision of the sponsor or sponsor designee under

 9  whose supervision the apprentice is licensed.

10         (13)  The board may adopt rules necessary to establish

11  the standards and requirements of this section.

12         Section 5.  Section 476.191, Florida Statutes, is

13  created to read:

14         476.191  Apprenticeship program; duties of the

15  board.--The board shall:

16         (1)  Administer the provisions of this chapter relating

17  to apprentices, sponsors, and apprentice programs.

18         (2)  Administer the standards and requirements that are

19  established.

20         (3)  Register in accordance with this chapter any

21  apprenticeship sponsor and program which meets standards

22  established by the board.

23         (4)  Investigate complaints concerning the failure of

24  any registered program to meet the standards established by

25  the board.

26         (5)  Cancel the registration of any sponsor or program

27  that fails to comply with the standards and requirements or

28  that unreasonably fails or refuses to cooperate with the board

29  in monitoring and enforcing compliance with such standards and

30  requirements.

31         (6)  Develop and encourage apprenticeship programs.

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    Florida Senate - 2004                                  SB 2530
    19-1631-04                                              See HB




 1         (7)  Cooperate with and assist local apprenticeship

 2  sponsors in the development of apprenticeship standards and

 3  training requirements.

 4         (8)  Monitor registered apprenticeship programs to

 5  ensure that they are being operated in compliance with all

 6  applicable standards and requirements.

 7         (9)  Supervise apprenticeship programs that are

 8  registered with the board.

 9         (10)  Ensure that minority and gender diversity are

10  considered in administering its regulation of apprenticeship

11  programs.

12         (11)  Adopt rules necessary to implement and administer

13  regulation of apprenticeship programs.

14         Section 6.  Paragraphs (e) and (f) are added to

15  subsection (1) of section 476.192, Florida Statutes, to read:

16         476.192  Fees; disposition.--

17         (1)  The board shall set by rule fees according to the

18  following schedule:

19         (e)  For apprentices, a fee not to exceed $100.

20         (f)  For apprenticeship sponsors, a fee not to exceed

21  $50.

22         Section 7.  Section 476.194, Florida Statutes, is

23  amended to read:

24         476.194  Prohibited acts.--

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

26         (a)  Engage in the practice of barbering without an

27  active license as a barber or apprentice issued pursuant to

28  the provisions of this act by the department.

29         (b)  Engage in willful or repeated violations of this

30  act or of any of the rules adopted by the board.

31  

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    Florida Senate - 2004                                  SB 2530
    19-1631-04                                              See HB




 1         (c)  Hire or employ any person to engage in the

 2  practice of barbering unless such person holds a valid license

 3  as a barber or apprentice.

 4         (d)  Obtain or attempt to obtain a license for money

 5  other than the required fee or any other thing of value or by

 6  fraudulent misrepresentations.

 7         (e)  Own, operate, maintain, open, establish, conduct,

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

 9  persons, a barbershop:

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

11  chapter; or

12         2.  In which a person not licensed as a barber or

13  apprentice is permitted to perform services.

14         (f)  Use or attempt to use a license to practice

15  barbering when said license is suspended or revoked.

16         (2)  Any person who violates any provision of this

17  section commits is guilty of a misdemeanor of the second

18  degree, punishable as provided in s. 775.082 or s. 775.083.

19         Section 8.  Section 477.013, Florida Statutes, is

20  amended to read:

21         477.013  Definitions.--As used in this chapter:

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

23         (2)(12)  "Body wrapping" means a treatment program that

24  uses herbal wraps for the purposes of cleansing and

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

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

27  to the body, except fluids contained in presoaked materials

28  used in the wraps; or

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

30  other than that arising from compression emanating from the

31  wrap materials.

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    Florida Senate - 2004                                  SB 2530
    19-1631-04                                              See HB




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

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

 3  authority of this chapter.

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

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

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

 7  shampooing, hair cutting, hair arranging, hair coloring,

 8  permanent waving, and hair relaxing for compensation. This

 9  term also includes performing hair removal, including wax

10  treatments, manicures, pedicures, and skin care services.

11         (5)  "Cosmetology apprentice" means a person who is

12  engaged in learning the practice of cosmetology through actual

13  work experience under the supervision of a licensed

14  cosmetologist.

15         (6)  "Cosmetology apprenticeship program" means an

16  organized system of instruction, registered and approved by

17  the board, which shall contain all terms and conditions for

18  the qualifications, recruitment, selection, employment, and

19  training of a cosmetology apprentice.

20         (7)(2)  "Department" means the Department of Business

21  and Professional Regulation.

22         (8)(9)  "Hair braiding" means the weaving or

23  interweaving of natural human hair for compensation without

24  cutting, coloring, permanent waving, relaxing, removing, or

25  chemical treatment and does not include the use of hair

26  extensions or wefts.

27         (9)(10)  "Hair wrapping" means the wrapping of

28  manufactured materials around a strand or strands of human

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

30  waving, relaxing, removing, weaving, chemically treating,

31  

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    Florida Senate - 2004                                  SB 2530
    19-1631-04                                              See HB




 1  braiding, using hair extensions, or performing any other

 2  service defined as cosmetology.

 3         (10)(11)  "Photography studio salon" means an

 4  establishment where the hair-arranging services and the

 5  application of cosmetic products are performed solely for the

 6  purpose of preparing the model or client for the photographic

 7  session without shampooing, cutting, coloring, permanent

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

 9  service defined as cosmetology.

10         (11)(7)  "Shampooing" means the washing of the hair

11  with soap and water or with a special preparation, or applying

12  hair tonics.

13         (12)(13)  "Skin care services" means the treatment of

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

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

16  or remove a chemical preparation or other substance, except

17  that chemical peels may be removed by peeling an applied

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

19  performed by a licensed cosmetologist, licensed cosmetology

20  apprentice, or facial specialist within a licensed cosmetology

21  or specialty salon, and such services may not involve massage,

22  as defined in s. 480.033(3), through manipulation of the

23  superficial tissue.

24         (13)(5)  "Specialist" means any person holding a

25  specialty registration in one or more of the specialties

26  registered under this chapter.

27         (14)(6)  "Specialty" means the practice of one or more

28  of the following:

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

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

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

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    Florida Senate - 2004                                  SB 2530
    19-1631-04                                              See HB




 1  process for the affixing of artificial nails, except those

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

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

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

 5  beautifying of the feet.

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

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

 8  and skin care services.

 9         (15)(8)  "Specialty salon" means any place of business

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

11  defined in subsection (14) (6) are engaged in or carried on.

12         Section 9.  Section 477.019, Florida Statutes, is

13  amended to read:

14         477.019  Cosmetologists; qualifications; licensure;

15  supervised practice; license renewal; endorsement; continuing

16  education.--

17         (1)  A person desiring to be licensed as a

18  cosmetologist shall apply to the department for licensure.

19         (2)  An applicant shall be eligible for licensure by

20  examination to practice cosmetology if the applicant:

21         (a)  Is at least 16 years of age or has received a high

22  school diploma.;

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

24  refundable, and the required examination fee, which is

25  refundable if the applicant is determined to not be eligible

26  for licensure for any reason other than failure to

27  successfully complete the licensure examination.; and

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

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

30  and does not qualify for licensure by endorsement as provided

31  for in subsection (6); or

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    Florida Senate - 2004                                  SB 2530
    19-1631-04                                              See HB




 1         2.  Has received a minimum of 1,200 hours of training

 2  as established by the board, which shall include, but shall

 3  not be limited to, the equivalent of completion of services

 4  directly related to the practice of cosmetology at one of the

 5  following:

 6         a.  A school of cosmetology licensed pursuant to

 7  chapter 1005.

 8         b.  A cosmetology program within the public school

 9  system.

10         c.  The Cosmetology Division of the Florida School for

11  the Deaf and the Blind, provided the division meets the

12  standards of this chapter.

13         d.  A government-operated cosmetology program in this

14  state.

15         e.  A cosmetology apprenticeship program. 

16  

17  The board shall establish by rule procedures whereby the

18  school, sponsor, or program may certify that a person is

19  qualified to take the required examination after the

20  completion of a minimum of 1,000 actual school or

21  apprenticeship hours. If the person then passes the

22  examination, he or she shall have satisfied this requirement;

23  but if the person fails the examination, he or she shall not

24  be qualified to take the examination again until the

25  completion of the full requirements provided by this section.

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

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

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

29  practice cosmetology.

30         (4)  Following the completion of the first licensing

31  examination and pending the results of that examination and

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    Florida Senate - 2004                                  SB 2530
    19-1631-04                                              See HB




 1  issuance of a license to practice cosmetology, graduates of

 2  licensed cosmetology schools, cosmetology apprenticeship

 3  programs, or cosmetology programs offered in public school

 4  systems, which schools or programs, other than cosmetology

 5  apprenticeship programs, are certified by the Department of

 6  Education, are eligible to practice cosmetology, provided such

 7  graduates practice under the supervision of a licensed

 8  cosmetologist in a licensed cosmetology salon. A graduate who

 9  fails the first examination may continue to practice under the

10  supervision of a licensed cosmetologist in a licensed

11  cosmetology salon if the graduate applies for the next

12  available examination and until the graduate receives the

13  results of that examination. No graduate may continue to

14  practice under this subsection if the graduate fails the

15  examination twice.

16         (5)  Renewal of license registration shall be

17  accomplished pursuant to rules adopted by the board.

18         (6)  The board shall adopt rules specifying procedures

19  for the licensure by endorsement of practitioners desiring to

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

21  another state and who have met qualifications substantially

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

23  required of applicants from this state.

24         (7)  The board shall by rule specify the procedures for

25  the licensure of cosmetology apprentices. Each cosmetology

26  apprentice application and license shall name a licensed

27  cosmetologist who has agreed to serve as the sponsor of the

28  apprentice and is registered with the board. A cosmetology

29  apprentice may not conduct, or contract to conduct,

30  cosmetology services without the express approval of his or

31  her sponsor. The sponsor shall regularly review the

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    Florida Senate - 2004                                  SB 2530
    19-1631-04                                              See HB




 1  cosmetology apprentice's records, which are required by the

 2  board to be maintained, to determine if such records are

 3  accurate and current.

 4         (8)  A cosmetologist may not sponsor a cosmetology

 5  apprentice unless the cosmetologist is licensed and registered

 6  as an apprenticeship sponsor by the board. Each application

 7  for registration shall include the names of the cosmetology

 8  salon and its owner, the business mailing address and

 9  location, and any other information which the board may

10  require. The sponsor shall report to the board within 30 days

11  after any change in this required information.

12         (9)(7)(a)  The board shall prescribe by rule continuing

13  education requirements intended to ensure protection of the

14  public through updated training of licensees and registered

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

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

17  this chapter. Continuing education courses shall include, but

18  not be limited to, the following subjects as they relate to

19  the practice of cosmetology: human immunodeficiency virus and

20  acquired immune deficiency syndrome; Occupational Safety and

21  Health Administration regulations; workers' compensation

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

23  cosmetologists, cosmetology, salons, specialists, specialty

24  salons, and booth renters; chemical makeup as it pertains to

25  hair, skin, and nails; and environmental issues. Courses given

26  at cosmetology conferences may be counted toward the number of

27  continuing education hours required if approved by the board.

28         (b)  Any person whose occupation or practice is

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

30  wrapping is exempt from the continuing education requirements

31  of this subsection.

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    Florida Senate - 2004                                  SB 2530
    19-1631-04                                              See HB




 1         (c)  The board may, by rule, require any licensee in

 2  violation of a continuing education requirement to take a

 3  refresher course or refresher course and examination in

 4  addition to any other penalty. The number of hours for the

 5  refresher course may not exceed 48 hours.

 6         Section 10.  Paragraph (b) of subsection (1) of section

 7  477.0201, Florida Statutes, is amended to read:

 8         477.0201  Specialty registration; qualifications;

 9  registration renewal; endorsement.--

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

11  specialist in any one or more of the specialty practices

12  within the practice of cosmetology under this chapter who:

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

14  specialty pursuant to s. 477.013(6) from one of the following:

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

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

17  equivalent licensing authority of another state.

18         3.  A specialty program within the public school

19  system.

20         4.  A specialty division within the Cosmetology

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

22  provided the training programs comply with minimum curriculum

23  requirements established by the board.

24         Section 11.  Section 477.0251, Florida Statutes, is

25  created to read:

26         477.0251  Cosmetology apprenticeship training.--

27         (1)  The board shall establish uniform minimum

28  standards and requirements governing apprentice programs,

29  sponsors, and agreements. Such standards and requirements

30  shall govern the terms and conditions of the cosmetology

31  apprentice's employment and training, including the quality of

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    Florida Senate - 2004                                  SB 2530
    19-1631-04                                              See HB




 1  the training of the apprentice with respect to, but not

 2  limited to, such matters as operation of a salon; health,

 3  safety, and sanitary requirements; and licensure requirements.

 4         (2)  Training should be combined with properly

 5  coordinated studies of related technical and supplementary

 6  subjects.

 7         (3)  A cosmetology apprentice must enter into a written

 8  agreement, hereinafter called a cosmetology apprentice

 9  agreement, with a registered cosmetologist apprenticeship

10  sponsor who may be either an employer who is a licensed

11  cosmetologist or an association of employers who are licensed

12  cosmetologists.

13         (4)  A cosmetologist may not sponsor more than three

14  cosmetology apprentices at one time. Any cosmetologist who

15  serves as a sponsor must have held an active, valid

16  cosmetology license for 3 consecutive years preceding the date

17  on which that cosmetologist is named as sponsor of the

18  cosmetology apprentice.

19         (5)  A cosmetologist who undertakes the sponsorship of

20  a cosmetology apprentice shall ensure that the cosmetology

21  apprentice receives training as required by board rule.

22         (6)  A cosmetology apprentice must actively participate

23  in cosmetology, and a record of cosmetology services for which

24  participation credit is claimed must be made as required by

25  board rule.

26         (7)  Cosmetology apprentices are prohibited from

27  conducting cosmetology services without the prior express

28  written consent of the sponsor. The cosmetology apprentice's

29  sponsor must be present at a licensed salon at any time the

30  cosmetology apprentice is actively participating in the

31  conduct of cosmetology. If the cosmetology apprentice's

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    Florida Senate - 2004                                  SB 2530
    19-1631-04                                              See HB




 1  sponsor cannot attend while a cosmetology apprentice is

 2  performing cosmetology services, the sponsor may appoint a

 3  qualified cosmetologist who meets the requirements of board

 4  rules to be present and supervise the cosmetology apprentice

 5  at a licensed salon in place of the sponsor. Prior written

 6  consent must be given by the cosmetology apprentice's sponsor

 7  for each substitution.

 8         (8)  Each cosmetology apprentice and sponsor shall file

 9  reports as required by board rule.

10         (9)  A sponsor may not authorize a cosmetology

11  apprentice to conduct cosmetology services unless the sponsor

12  has determined that the cosmetology apprentice has received

13  adequate training to do so.

14         (10)  The sponsor shall be responsible for any acts or

15  omissions of the cosmetology apprentice which constitute a

16  violation of law in relation to the conduct of cosmetology.

17         (11)  A licensed cosmetology apprentice who wishes to

18  change the sponsor under whom he or she is licensed must

19  submit a new application. However, a new license fee shall not

20  be required and credit shall be awarded for training received

21  for any period of cosmetology apprenticeship served under the

22  previous sponsor.

23         (12)  Credit for training received or any period of

24  cosmetology apprenticeship served shall not be allowed unless

25  it occurred under the supervision of the registered sponsor

26  under whose supervision the cosmetology apprentice is

27  licensed.

28         (13)  The board may adopt rules necessary to establish

29  the standards and requirements of this section.

30         Section 12.  Section 477.0252, Florida Statutes, is

31  created to read:

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    Florida Senate - 2004                                  SB 2530
    19-1631-04                                              See HB




 1         477.0252  Cosmetology apprenticeship program; duties of

 2  the board.--The board shall:

 3         (1)  Administer the provisions of this chapter relating

 4  to cosmetology apprentices, sponsors, and cosmetology

 5  apprenticeship programs.

 6         (2)  Administer the standards and requirements that are

 7  established.

 8         (3)  Register in accordance with this chapter any

 9  cosmetology apprenticeship sponsor and program which meets

10  standards established by the board.

11         (4)  Investigate complaints concerning the failure of

12  any registered program to meet the standards established by

13  the board.

14         (5)  Cancel the registration of any program that fails

15  to comply with the standards and requirements or that

16  unreasonably fails or refuses to cooperate with the board in

17  monitoring and enforcing compliance with such standards and

18  requirements.

19         (6)  Develop and encourage cosmetology apprenticeship

20  programs.

21         (7)  Cooperate with and assist local cosmetology

22  apprenticeship sponsors in the development of cosmetology

23  apprenticeship standards and training requirements.

24         (8)  Monitor registered cosmetology apprenticeship

25  programs to ensure that they are being operated in compliance

26  with all applicable standards and requirements.

27         (9)  Supervise cosmetology apprenticeship programs

28  which are registered with the board.

29         (10)  Ensure that minority and gender diversity are

30  considered in administering its regulation of cosmetology

31  apprenticeship programs.

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    Florida Senate - 2004                                  SB 2530
    19-1631-04                                              See HB




 1         (11)  Adopt rules as required to implement regulation

 2  of cosmetology apprenticeship programs.

 3         Section 13.  Paragraphs (g) and (h) are added to

 4  subsection (1) of section 477.026, Florida Statutes, to read:

 5         477.026  Fees; disposition.--

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

 7  following schedule:

 8         (g)  For cosmetology apprentices, a fee not to exceed

 9  $100.

10         (h)  For cosmetology sponsors, a fee not to exceed $50.

11         Section 14.  Section 477.0265, Florida Statutes, is

12  amended to read:

13         477.0265  Prohibited acts.--

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

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

16  specialty without an active license as a cosmetologist or

17  cosmetology apprentice or registration as a specialist issued

18  by the department pursuant to the provisions of this chapter.

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

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

21  persons, a cosmetology salon or specialty salon:

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

23  chapter; or

24         2.  In which a person not licensed or registered as a

25  cosmetologist, cosmetology apprentice, or a specialist is

26  permitted to perform cosmetology services or any specialty.

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

28  chapter or of any rule adopted by the board.

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

30  practice of cosmetology or of a specialty unless such person

31  

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    Florida Senate - 2004                                  SB 2530
    19-1631-04                                              See HB




 1  holds a valid, active license as a cosmetologist or

 2  cosmetology apprentice or registration as a specialist.

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

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

 5  other thing of value or by fraudulent misrepresentations.

 6         (f)  Use or attempt to use a license to practice

 7  cosmetology or a registration to practice a specialty, which

 8  license or registration is suspended or revoked.

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

10  wrapping, as performed under this chapter, have any

11  relationship to the practice of massage therapy as defined in

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

13  s. 477.013.

14         (2)  Any person who violates any provision of this

15  section commits is guilty of a misdemeanor of the second

16  degree, punishable as provided in s. 775.082 or s. 775.083.

17         Section 15.  Paragraph (a) of subsection (1) of section

18  477.029, Florida Statutes, is amended to read:

19         477.029  Penalty.--

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

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

22  cosmetology apprentice, specialist, hair wrapper, hair

23  braider, or body wrapper unless duly licensed or registered,

24  or otherwise authorized, as provided in this chapter.

25         Section 16.  This act shall take effect October 1,

26  2004.

27  

28  

29  

30  

31  

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