1 | The Committee on Commerce recommends the following: |
2 |
|
3 | Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to cosmetology; amending s. 477.0135, |
7 | F.S.; exempting from cosmetology licensure the provision |
8 | of certain services to certain persons during qualified |
9 | productions; providing that such services are not required |
10 | to be performed in a licensed salon; prohibiting provision |
11 | of such services to the general public; exempting from |
12 | cosmetology licensure the provision of certain services to |
13 | certain persons in a theme park or entertainment complex; |
14 | providing a definition; amending s. 477.016, F.S.; |
15 | authorizing the Board of Cosmetology to adopt by rule, or |
16 | incorporate by reference into rule, certain federal |
17 | restrictions on the use of certain products or substances; |
18 | amending s. 477.0265, F.S.; prohibiting in the practice of |
19 | cosmetology the use or possession of cosmetic products |
20 | containing liquid nail monomers containing methyl |
21 | methacrylate; providing penalties; reenacting s. |
22 | 477.029(1)(h) and (2), F.S., relating to grounds for |
23 | administrative penalties, to incorporate the amendment to |
24 | s. 477.0265, F.S., in a reference thereto; providing |
25 | administrative penalties; providing an effective date. |
26 |
|
27 | Be It Enacted by the Legislature of the State of Florida: |
28 |
|
29 | Section 1. Subsections (5) and (6) are added to section |
30 | 477.0135, Florida Statutes, to read: |
31 | 477.0135 Exemptions.-- |
32 | (5) A license is not required of any individual providing |
33 | makeup, special effects, or cosmetology services to an actor, |
34 | stunt person, musician, extra, or other talent during a |
35 | production recognized by the Office of Film and Entertainment as |
36 | a "qualified production" as defined in s. 288.1254. Such |
37 | services are not required to be performed in a licensed salon. |
38 | Individuals exempt under this subsection may not provide such |
39 | services to the general public. |
40 | (6) A license is not required of any individual providing |
41 | makeup or special effects services in a theme park or |
42 | entertainment complex to an actor, stunt person, musician, |
43 | extra, or other talent or providing makeup or special effects |
44 | services to the general public for no compensation. For purposes |
45 | of this subsection, the term "theme park or entertainment |
46 | complex" has the same meaning as in s. 509.013. |
47 | Section 2. Section 477.016, Florida Statutes, is amended |
48 | to read: |
49 | 477.016 Rulemaking.-- |
50 | (1) The board has authority to adopt rules pursuant to ss. |
51 | 120.536(1) and 120.54 to implement the provisions of this |
52 | chapter conferring duties upon it. |
53 | (2) The board may by rule adopt, or incorporate by |
54 | reference into rule, any restriction established by regulation |
55 | of the United States Food and Drug Administration related to the |
56 | use of a cosmetic product or to any substance used in the |
57 | practice of cosmetology where the board finds that the product |
58 | or substance poses a risk to the health, safety, and welfare of |
59 | persons providing cosmetology services or to clients. |
60 | Section 3. Section 477.0265, Florida Statutes, is amended |
61 | to read: |
62 | 477.0265 Prohibited acts.-- |
63 | (1) It is unlawful for any person to: |
64 | (a) Engage in the practice of cosmetology or a specialty |
65 | without an active license as a cosmetologist or registration as |
66 | a specialist issued by the department pursuant to the provisions |
67 | of this chapter. |
68 | (b) Own, operate, maintain, open, establish, conduct, or |
69 | have charge of, either alone or with another person or persons, |
70 | a cosmetology salon or specialty salon: |
71 | 1. Which is not licensed under the provisions of this |
72 | chapter; or |
73 | 2. In which a person not licensed or registered as a |
74 | cosmetologist or a specialist is permitted to perform |
75 | cosmetology services or any specialty. |
76 | (c) Engage in willful or repeated violations of this |
77 | chapter or of any rule adopted by the board. |
78 | (d) Permit an employed person to engage in the practice of |
79 | cosmetology or of a specialty unless such person holds a valid, |
80 | active license as a cosmetologist or registration as a |
81 | specialist. |
82 | (e) Obtain or attempt to obtain a license or registration |
83 | for money, other than the required fee, or any other thing of |
84 | value or by fraudulent misrepresentations. |
85 | (f) Use or attempt to use a license to practice |
86 | cosmetology or a registration to practice a specialty, which |
87 | license or registration is suspended or revoked. |
88 | (g) Advertise or imply that skin care services or body |
89 | wrapping, as performed under this chapter, have any relationship |
90 | to the practice of massage therapy as defined in s. 480.033(3), |
91 | except those practices or activities defined in s. 477.013. |
92 | (h) In the practice of cosmetology, use or possess a |
93 | cosmetic product containing a liquid nail monomer containing any |
94 | trace of methyl methacrylate (MMA). |
95 | (2) Any person who violates any provision of this section |
96 | commits is guilty of a misdemeanor of the second degree, |
97 | punishable as provided in s. 775.082 or s. 775.083. |
98 | Section 4. For the purpose of incorporating the amendment |
99 | to section 477.0265, Florida Statutes, in a reference thereto, |
100 | paragraph (h) of subsection (1) and subsection (2) of section |
101 | 477.029, Florida Statutes, are reenacted to read: |
102 | 477.029 Penalty.-- |
103 | (1) It is unlawful for any person to: |
104 | (h) Violate any provision of s. 455.227(1), s. 477.0265, |
105 | or s. 477.028. |
106 | (2) Any person who violates the provisions of this section |
107 | shall be subject to one or more of the following penalties, as |
108 | determined by the board: |
109 | (a) Revocation or suspension of any license or |
110 | registration issued pursuant to this chapter. |
111 | (b) Issuance of a reprimand or censure. |
112 | (c) Imposition of an administrative fine not to exceed |
113 | $500 for each count or separate offense. |
114 | (d) Placement on probation for a period of time and |
115 | subject to such reasonable conditions as the board may specify. |
116 | (e) Refusal to certify to the department an applicant for |
117 | licensure. |
118 | Section 5. This act shall take effect July 1, 2004. |