HB 0789

1	A bill to be entitled
2	An act relating to cosmetology; amending s. 476.044, F.S.;
3	correcting a cross reference; amending s. 477.013, F.S.;
4	redefining the term "cosmetology"; defining the term
5	"salon"; deleting additional definitions; creating s.
6	477.0131, F.S.; providing for subclassifications of
7	cosmetology licenses; amending s. 477.0132, F.S.;
8	providing for speciality registrations in shampooing, hair
9	braiding, hair wrapping, and body wrapping; providing
10	definitions; providing educational requirements; amending
11	s. 477.0135, F.S.; removing the exemption from licensure
12	under ch. 477, F.S., provided for persons whose practice
13	is confined solely to shampooing; amending s. 477.014,
14	F.S.; prohibiting a person from practicing, or holding
15	himself or herself out as qualified to practice, in an
16	area in which the person does not hold a license;
17	authorizing a cosmetologist who is licensed before the
18	effective date of the act to perform the services of a
19	licensed cosmetologist; authorizing a facial specialist or
20	nail technician who is registered or enrolled in a
21	cosmetology school before the effective date of the act to
22	take the examination for licensure; authorizing certain
23	specialists who are registered before the effective date
24	of the act to continue to practice under such
25	registration; amending s. 477.019, F.S.; providing
26	eligibility requirements for licensure to practice
27	cosmetology or a cosmetology specialty; providing for work
28	experience to be substituted for required educational
29	hours for out-of-state cosmetologists, hairstylists,
30	estheticians, and nail technicians who apply for licensure
31	in this state; authorizing the Board of Cosmetology to
32	require certain licensees or registered specialists to
33	take a refresher course or examination; amending s.
34	477.0201, F.S.; specifying the qualifications for
35	registration in a specialty; providing for work experience
36	to be substituted for required educational hours for out-
37	of-state specialists who apply for a specialty
38	registration in this state; amending s. 477.0212, F.S.;
39	increasing the fee required to reactivate or renew an
40	inactive license; requiring the board to prescribe by rule
41	the requirements for continuing education for license
42	renewal or reactivation; amending s. 477.023, F.S.;
43	providing for certification by the Department of Education
44	of programs in grooming and salon services within the
45	public school system; creating s. 477.0235, F.S.;
46	providing for the licensure of an independent contractor
47	who rents booth space; requiring the board to adopt rules
48	relating to the licensure of such independent contractors;
49	amending s. 477.025, F.S.; prohibiting booth rental salons
50	from operating without a license; providing licensure
51	requirements; requiring the board to adopt rules governing
52	the advertising of certain salons; authorizing the board
53	to adopt rules governing the inspection of booth rental
54	salons; amending s. 477.026, F.S.; requiring the board to
55	set fees for hairstylists, estheticians, nail technicians,
56	booth rental salons, booth renters, and cosmetologists;
57	providing limits for such fees; deleting the requirement
58	that all moneys collected by fees be paid into the
59	Professional Regulation Trust Fund; amending s. 477.0263,
60	F.S.; requiring that cosmetology and specialty services be
61	provided only by persons who are licensed in cosmetology
62	or in a specialty; requiring that disposable implements or
63	disinfectant be used when hair braiding and hair wrapping
64	are practiced outside of a licensed salon; authorizing the
65	provision of cosmetology services and specialty services
66	by a licensed or registered practitioner in a location
67	other than a licensed salon under certain circumstances;
68	amending s. 477.0265, F.S.; prohibiting a person from
69	owning, operating, maintaining, or establishing a booth
70	rental salon under certain conditions; amending s.
71	477.028, F.S.; authorizing the board to revoke or suspend
72	the license of a hairstylist, esthetician, or nail
73	technician, or the registration of a specialist, under
74	certain circumstances; authorizing the board to revoke or
75	suspend the license of a booth rental salon under certain
76	circumstances; amending s. 477.029, F.S.; prohibiting a
77	person from holding himself or herself out as a
78	hairstylist, esthetician, nail technician, shampoo
79	specialist, or cosmetic specialist unless he or she is
80	duly licensed or registered; providing penalties;
81	providing an effective date.
82
83	Be It Enacted by the Legislature of the State of Florida:
84
85	Section 1.  Subsection (6) of section 476.044, Florida
86	Statutes, is amended to read:
87	476.044  Exemptions.--This chapter does not apply to the
88	following persons when practicing pursuant to their professional
89	responsibilities and duties:
90	(6)  Persons who practice only shampooing as defined in s.
91	477.0132(1) 477.013 and whose practice is limited to the acts
92	described therein; or
93	Section 2.  Section 477.013, Florida Statutes, is amended
94	to read:
95	477.013  Definitions.--As used in this chapter, the term:
96	(1)  "Board" means the Board of Cosmetology.
97	(2)  "Department" means the Department of Business and
98	Professional Regulation.
99	(3)  "Cosmetologist" means a person who is licensed to
100	engage in the practice of cosmetology in this state under the
101	authority of this chapter.
102	(3)(4)  "Cosmetology" means the practice of performing or
103	offering to perform for compensation any of the following
104	services for aesthetic rather than medical purposes:
105	(a)  Hairstyling services, which include:
106	1.  Treating a person's hair by:
107	a.  Providing any method of treatment as a primary service,
108	including arranging, beautifying, lightening, cleansing,
109	coloring, cutting, dressing, processing, shampooing, shaping,
110	singeing, straightening, styling, tinting, or waving;
111	b.  Providing a necessary service that is preparatory or
112	ancillary to a service under sub-subparagraph a., including
113	clipping, cutting, or trimming; or
114	c.  Cutting a person's hair as a separate and independent
115	service for which a charge is directly or indirectly made
116	separately from charges for any other service.
117	2.  Weaving or braiding a person's hair.
118	3.  Shampooing and conditioning a person's hair.
119	4.  Servicing a person's wig or artificial hairpiece on a
120	person's head or on a block in any manner listed in subparagraph
121	1.
122	5.  Treating a person's mustache or beard by arranging,
123	beautifying, coloring, processing, styling, or trimming.
124	(b)  Esthetician services, which include:
125	1.  Cleansing, exfoliating, stimulating, or manipulating
126	superficial tissues of a person's skin by hand or by using a
127	mechanical device, apparatus, or appliance with or without the
128	use of any cosmetic preparation, antiseptic, lotion, powder,
129	oil, clay, cream, or appliance.
130	2.  Beautifying a person's skin using a cosmetic
131	preparation, antiseptic, lotion, powder, oil, clay, cream, or
132	appliance.
133	3.  Administering facial treatments.
134	4.  Removing superfluous hair from a person's body using
135	depilatories, threading, waxing, sugaring, epilating, or
136	tweezing.
137	5.  Tinting eyebrows or eyelashes.
138	(c)  Nail technician services, which include:
139	1.  Treating a person's nails by:
140	a.  Cutting, trimming, polishing, painting, printing,
141	tinting, coloring, cleansing, manicuring, or pedicuring; or
142	b.  Attaching artificial nails, extensions, or capping.
143	2.  Manipulating superficial tissue or cleansing, treating,
144	or beautifying a person's forearms, hands, legs below the knee,
145	or feet mechanical or chemical treatment of the head, face, and
146	scalp for aesthetic rather than medical purposes, including, but
147	not limited to, hair shampooing, hair cutting, hair arranging,
148	hair coloring, permanent waving, and hair relaxing for
149	compensation. This term also includes performing hair removal,
150	including wax treatments, manicures, pedicures, and skin care
151	services.
152	(4)  "Salon" means a place of business where one or more of
153	the cosmetology or specialty services are offered or performed
154	for compensation.
155	(5)  "Specialist" means any person holding a specialty
156	registration in one or more of the specialties registered under
157	this chapter.
158	(6)  "Specialty" means the practice of one or more of the
159	following:
160	(a)  Manicuring, or the cutting, polishing, tinting,
161	coloring, cleansing, adding, or extending of the nails, and
162	massaging of the hands. This term includes any procedure or
163	process for the affixing of artificial nails, except those nails
164	which may be applied solely by use of a simple adhesive.
165	(b)  Pedicuring, or the shaping, polishing, tinting, or
166	cleansing of the nails of the feet, and massaging or beautifying
167	of the feet.
168	(c)  Facials, or the massaging or treating of the face or
169	scalp with oils, creams, lotions, or other preparations, and
170	skin care services.
171	(7)  "Shampooing" means the washing of the hair with soap
172	and water or with a special preparation, or applying hair
173	tonics.
174	(8)  "Specialty salon" means any place of business wherein
175	the practice of one or all of the specialties as defined in
176	subsection (6) are engaged in or carried on.
177	(9)  "Hair braiding" means the weaving or interweaving of
178	natural human hair for compensation without cutting, coloring,
179	permanent waving, relaxing, removing, or chemical treatment and
180	does not include the use of hair extensions or wefts.
181	(10)  "Hair wrapping" means the wrapping of manufactured
182	materials around a strand or strands of human hair, for
183	compensation, without cutting, coloring, permanent waving,
184	relaxing, removing, weaving, chemically treating, braiding,
185	using hair extensions, or performing any other service defined
186	as cosmetology.
187	(5)(11)  "Photography studio salon" means an establishment
188	where the hair-arranging services and the application of
189	cosmetic products are performed solely for the purpose of
190	preparing the model or client for the photographic session
191	without shampooing, cutting, coloring, permanent waving,
192	relaxing, or removing of hair or performing any other service
193	defined as cosmetology.
194	(12)  "Body wrapping" means a treatment program that uses
195	herbal wraps for the purposes of cleansing and beautifying the
196	skin of the body, but does not include:
197	(a)  The application of oils, lotions, or other fluids to
198	the body, except fluids contained in presoaked materials used in
199	the wraps; or
200	(b)  Manipulation of the body's superficial tissue, other
201	than that arising from compression emanating from the wrap
202	materials.
203	(13)  "Skin care services" means the treatment of the skin
204	of the body, other than the head, face, and scalp, by the use of
205	a sponge, brush, cloth, or similar device to apply or remove a
206	chemical preparation or other substance, except that chemical
207	peels may be removed by peeling an applied preparation from the
208	skin by hand. Skin care services must be performed by a licensed
209	cosmetologist or facial specialist within a licensed cosmetology
210	or specialty salon, and such services may not involve massage,
211	as defined in s. 480.033(3), through manipulation of the
212	superficial tissue.
213	Section 3.  Section 477.0131, Florida Statutes, is created
214	to read:
215	477.0131  Cosmetology licenses.--
216	(1)  A person who is otherwise qualified by this chapter
217	and who is authorized to practice all of the services listed in
218	s. 477.013(3)(a) shall be licensed as a hairstylist.
219	(2)  A person who is otherwise qualified by this chapter
220	and who is authorized to practice all of the services listed in
221	s. 477.013(3)(b) shall be licensed as an esthetician.
222	(3)  A person who is otherwise qualified by this chapter
223	and who is authorized to practice all of the services listed in
224	s. 477.013(3)(c) shall be licensed as a nail technician.
225	(4)  A person who is otherwise qualified by this chapter
226	and who is authorized to practice all of the services listed in
227	s. 477.013(3) shall be licensed as a cosmetologist.
228	Section 4.  Section 477.0132, Florida Statutes, is amended
229	to read:
230	477.0132  Specialty registration in shampooing, hair
231	braiding, hair wrapping, and body wrapping registration.--Any
232	person who is otherwise qualified by this chapter and who is
233	authorized to practice in one or more of the following
234	specialties shall receive a specialty registration in the
235	corresponding specialty:
236	(1)  "Shampooing" is the cleansing of hair with shampoo and
237	water or with a special preparation or the applying of hair
238	treatment or conditioners. "Shampooing" does not include the
239	application or removal of permanent waves, relaxers, hair
240	coloring, or lighteners. A person whose occupation or practice
241	is confined solely to shampooing shall apply to the department,
242	shall pay the applicable registration fees, and shall have taken
243	and passed a course consisting of a minimum of 16 hours. The
244	course shall be approved by the Department of Education and
245	consist of 4 hours of instruction in HIV/AIDS and other
246	communicable diseases, 5 hours of instruction in sanitation and
247	sterilization, 5 hours of instruction in disorders and diseases
248	of the scalp, and 2 hours of instruction regarding laws
249	affecting shampooing and services established by the board.
250	(2)  "Hair braiding" is the weaving or interweaving of hair
251	for compensation without cutting, coloring, permanent waving,
252	relaxing, removing, or chemical treatment. A person whose
253	occupation or practice is confined solely to hair braiding shall
254	apply to the department, shall pay the applicable registration
255	fees, and shall have taken and passed a course consisting of a
256	minimum of 40 hours. The course shall be approved by the
257	Department of Education and consist of 4 hours of instruction in
258	HIV/AIDS and other communicable diseases, 5 hours of instruction
259	in sanitation and sterilization, 5 hours of instruction in
260	disorders and diseases of the scalp, 24 hours of instruction in
261	the application and removal of hair braiding, and 2 hours of
262	instruction regarding laws affecting hair braiding.
263	(3)  "Hair wrapping" is the wrapping of manufactured
264	materials around a strand or strands of human hair for
265	compensation without cutting, shampooing, coloring, permanent
266	waving, relaxing, removing, weaving, chemically treating,
267	braiding, using hair extensions, or performing any other service
268	defined as cosmetology. A person whose occupation or practice is
269	confined solely to hair wrapping shall apply to the department,
270	shall pay the applicable registration fees, and shall have taken
271	and passed a course consisting of a minimum of 24 hours. The
272	course shall be approved by the Department of Education and
273	consist of 4 hours of instruction in HIV/AIDS and other
274	communicable diseases, 5 hours of instruction in sanitation and
275	sterilization, 5 hours of instruction in disorders and diseases
276	of the scalp, 8 hours of instruction in the application of hair
277	wrapping, and 2 hours of instruction regarding laws affecting
278	hair wrapping and services established by the board.
279	(4)(a)  "Body wrapping," which is a treatment program that
280	uses wraps for the purposes of cleansing and beautifying the
281	skin of the body for aesthetic rather than medical or weight-
282	loss purposes, is the application of oils, lotions, or other
283	fluids to the body using wraps. "Body wrapping" does not include
284	manipulation of the body's superficial tissue other than
285	compression by the wrap materials.
286	(b)  A person whose occupation or practice is confined
287	solely to body wrapping shall apply to the department, shall pay
288	the applicable registration fees, and shall have taken and
289	passed a course consisting of a minimum of 250 hours. The course
290	shall be approved by the Department of Education and consist of
291	4 hours of instruction in HIV/AIDS and other communicable
292	diseases, 5 hours of instruction in sanitation and
293	sterilization, 5 hours of instruction in disorders and diseases
294	of the skin, 234 hours of training in the practice of body
295	wrapping, and 2 hours of instruction regarding laws affecting
296	body wrapping and services established by the board.
297	(1)(a)  Persons whose occupation or practice is confined
298	solely to hair braiding must register with the department, pay
299	the applicable registration fee, and take a two-day 16-hour
300	course. The course shall be board approved and consist of 5
301	hours of HIV/AIDS and other communicable diseases, 5 hours of
302	sanitation and sterilization, 4 hours of disorders and diseases
303	of the scalp, and 2 hours of studies regarding laws affecting
304	hair braiding.
305	(b)  Persons whose occupation or practice is confined
306	solely to hair wrapping must register with the department, pay
307	the applicable registration fee, and take a one-day 6-hour
308	course. The course shall be board approved and consist of
309	education in HIV/AIDS and other communicable diseases,
310	sanitation and sterilization, disorders and diseases of the
311	scalp, and studies regarding laws affecting hair wrapping.
312	(c)  Unless otherwise licensed or exempted from licensure
313	under this chapter, any person whose occupation or practice is
314	body wrapping must register with the department, pay the
315	applicable registration fee, and take a two-day 12-hour course.
316	The course shall be board approved and consist of education in
317	HIV/AIDS and other communicable diseases, sanitation and
318	sterilization, disorders and diseases of the skin, and studies
319	regarding laws affecting body wrapping.
320	(d)  Only the board may review, evaluate, and approve a
321	course required of an applicant for registration under this
322	subsection in the occupation or practice of hair braiding, hair
323	wrapping, or body wrapping. A provider of such a course is not
324	required to hold a license under chapter 1005.
325	(2)  Hair braiding, hair wrapping, and body wrapping are
326	not required to be practiced in a cosmetology salon or specialty
327	salon. When hair braiding, hair wrapping, or body wrapping is
328	practiced outside a cosmetology salon or specialty salon,
329	disposable implements must be used or all implements must be
330	sanitized in a disinfectant approved for hospital use or
331	approved by the federal Environmental Protection Agency.
332	(3)  Pending issuance of registration, a person is eligible
333	to practice hair braiding, hair wrapping, or body wrapping upon
334	submission of a registration application that includes proof of
335	successful completion of the education requirements and payment
336	of the applicable fees required by this chapter.
337	Section 5.  Section 477.0135, Florida Statutes, is amended
338	to read:
339	477.0135  Exemptions.--
340	(1)  This chapter does not apply to the following persons
341	when practicing pursuant to their professional or occupational
342	responsibilities and duties:
343	(a)  Persons authorized under the laws of this state to
344	practice medicine, surgery, osteopathic medicine, chiropractic
345	medicine, massage, naturopathy, or podiatric medicine.
346	(b)  Commissioned medical or surgical officers of the
347	United States Armed Forces hospital services.
348	(c)  Registered nurses under the laws of this state.
349	(d)  Persons practicing barbering under the laws of this
350	state.
351	(e)  Persons employed in federal, state, or local
352	institutions, hospitals, or military bases as cosmetologists
353	whose practices are limited to the inmates, patients, or
354	authorized military personnel of such institutions, hospitals,
355	or bases.
356	(f)  Persons whose practice is limited to the application
357	of cosmetic products to another person in connection with the
358	sale, or attempted sale, of such products at retail without
359	compensation from such other person other than the regular
360	retail price of such merchandise.
361	(2)  A license is not required of any person whose
362	occupation or practice is confined solely to shampooing.
363	(2)(3)  A license or registration is not required of any
364	person whose occupation or practice is confined solely to
365	cutting, trimming, polishing, or cleansing the fingernails of
366	any person when said cutting, trimming, polishing, or cleansing
367	is done in a barbershop licensed pursuant to chapter 476 which
368	is carrying on a regular and customary business of barbering,
369	and such individual has been practicing the activities set forth
370	in this subsection prior to October 1, 1985.
371	(3)(4)  A photography studio salon is exempt from the
372	licensure provisions of this chapter. However, the hair-
373	arranging services of such salon must be performed under the
374	supervision of a licensed cosmetologist employed by the salon.
375	The salon must use disposable hair-arranging implements or use a
376	wet or dry sanitizing system approved by the federal
377	Environmental Protection Agency.
378	(4)(5)  A license is not required of any individual
379	providing makeup, special effects, or cosmetology services to an
380	actor, stunt person, musician, extra, or other talent during a
381	production recognized by the Office of Film and Entertainment as
382	a qualified production as defined in s. 288.1254(2). Such
383	services are not required to be performed in a licensed salon.
384	Individuals exempt under this subsection may not provide such
385	services to the general public.
386	(5)(6)  A license is not required of any individual
387	providing makeup or special effects services in a theme park or
388	entertainment complex to an actor, stunt person, musician,
389	extra, or other talent, or providing makeup or special effects
390	services to the general public. The term "theme park or
391	entertainment complex" has the same meaning as in s. 509.013(9).
392	Section 6.  Section 477.014, Florida Statutes, is amended
393	to read:
394	477.014  Qualifications for practice.--
395	(1)  On and after July 1, 2005, a January 1, 1979, no
396	person other than a duly licensed cosmetologist may not shall
397	practice in any of the cosmetology areas provided in s.
398	477.013(3) or use the name or title of cosmetologist,
399	hairstylist, esthetician, or nail technician.
400	(2)  A person licensed on or after July 1, 2005, may not
401	practice or hold himself or herself out as qualified to practice
402	in an area in which he or she is not specifically licensed.
403	(3)  A cosmetologist licensed before July 1, 2005, may
404	perform all the services of a licensed cosmetologist as defined
405	in this chapter.
406	(4)  A facial specialist registered or enrolled in a
407	cosmetology school before July 1, 2005, may take the examination
408	for an esthetician license.
409	(5)  A manicure, pedicure, or nail extension specialist
410	registered or enrolled in a cosmetology school before July 1,
411	2005, may take the examination for a nail technician license.
412	(6)  A specialist registered under this chapter before July
413	1, 2005, may choose not to take a licensure examination and may
414	continue to practice under the name of his or her specialty
415	registration.
416	Section 7.  Section 477.019, Florida Statutes, is amended
417	to read:
418	477.019  Cosmetologists; hairstylists; estheticians; nail
419	technicians; qualifications; licensure; supervised practice;
420	license renewal; endorsement; continuing education.--
421	(1)  A person desiring to be licensed in the field of
422	cosmetology as a cosmetologist shall apply to the department for
423	licensure.
424	(2)  An applicant is shall be eligible for licensure by
425	examination to practice cosmetology, hairstylist services,
426	esthetician services, or nail technician services if the
427	applicant:
428	(a)  Is at least 16 years of age and or has received a high
429	school diploma or graduate equivalency diploma or has passed an
430	ability-to-benefit test, which is an independently administered
431	test approved by the United States Secretary of Education as
432	provided in 20 U.S.C. s. 1091(d).;
433	(b)  Pays the required application fee, which is not
434	refundable, and the required examination fee, which is
435	refundable if the applicant is determined to not be eligible for
436	licensure for any reason other than failure to successfully
437	complete the licensure examination.; and
438	(c)1.  Is authorized to practice cosmetology in another
439	state or country, has been so authorized for at least 1 year,
440	and does not qualify for licensure by endorsement as provided
441	for in subsection (6); or
442	2.a.  Has received a minimum of hours of training as
443	follows:
444	(I)  One thousand two hundred hours for a hairstylist.
445	(II)  Six hundred hours for an esthetician.
446	(III)  Six hundred hours for a nail technician.
447	(IV)  Two thousand four hundred hours for a cosmetologist.
448	b.  The training Has received a minimum of 1,200 hours of
449	training as established by the board, which shall include, but
450	need shall not be limited to, the equivalent of completion of
451	services directly related to the practice of cosmetology at one
452	of the following:
453	(I)a.  A school of cosmetology licensed pursuant to chapter
454	1005.
455	(II)b.  A cosmetology program within the public school
456	system.
457	(III)c.  The Cosmetology Division of the Florida School for
458	the Deaf and the Blind, provided the division meets the
459	standards of this chapter.
460	(IV)d.  A government-operated cosmetology program in this
461	state.
462	c.  A person who has enrolled and begun his or her
463	education before July 1, 2005, may take the examination to be
464	licensed as a cosmetologist upon completion of 1,200 hours of
465	education.
466	d.  A person who begins his or her education on or after
467	July 1, 2005, shall comply with the training requirements in
468	sub-subparagraph a. in order to qualify to take the respective
469	examination.
470
471	The board shall establish by rule procedures whereby the school
472	or program may certify that a person is qualified to take the
473	required examination after the completion of a minimum of 1,000
474	actual school hours. If the person then passes the examination,
475	he or she shall have satisfied this requirement; but if the
476	person fails the examination, he or she shall not be qualified
477	to take the examination again until the completion of the full
478	requirements provided by this section.
479	(3)  Upon an applicant receiving a passing grade, as
480	established by board rule, on the examination and paying the
481	initial licensing fee, the department shall issue a license to
482	practice in the respective area of cosmetology provided in s.
483	477.013(3).
484	(4)  Following the completion of the training specified in
485	subsection (2), a graduate may apply for a license that will
486	enable such graduate to practice in his or her cosmetology area
487	if he or she practices under the supervision of a person
488	licensed in the graduate's practice area in a licensed salon.
489	The board shall establish rules governing the practice of
490	qualified graduates and the duration of the practice first
491	licensing examination and pending the results of that
492	examination and issuance of a license to practice cosmetology,
493	graduates of licensed cosmetology schools or cosmetology
494	programs offered in public school systems, which schools or
495	programs are certified by the Department of Education, are
496	eligible to practice cosmetology, provided such graduates
497	practice under the supervision of a licensed cosmetologist in a
498	licensed cosmetology salon. A graduate who fails the first
499	examination may continue to practice under the supervision of a
500	licensed cosmetologist in a licensed cosmetology salon if the
501	graduate applies for the next available examination and until
502	the graduate receives the results of that examination. No
503	graduate may continue to practice under this subsection if the
504	graduate fails the examination twice.
505	(5)  Renewal of license registration shall be accomplished
506	pursuant to rules adopted by the board.
507	(6)  The board shall adopt rules specifying procedures for
508	the licensure by endorsement of practitioners desiring to be
509	licensed in this state who hold a current active license in
510	another state and who have met qualifications substantially
511	similar to, equivalent to, or greater than the qualifications
512	required of applicants from this state. For purposes of this
513	subsection, work experience may be substituted for required
514	educational hours in the amount and manner provided by rule.
515	(7)(a)  The board shall prescribe by rule continuing
516	education requirements for licensees and registered specialists
517	that intended to ensure the protection of the public through
518	updated training of licensees and registered specialists, not to
519	exceed 16 hours biennially, as a condition for renewal of a
520	license or registration as a specialist under this chapter.
521	Continuing education courses shall include, but need not be
522	limited to, the following subjects as they relate to the
523	practice of cosmetology:  human immunodeficiency virus and
524	acquired immune deficiency syndrome; Occupational Safety and
525	Health Administration regulations; workers' compensation issues;
526	state and federal laws and rules as they pertain to booth rental
527	and the practice of cosmetology cosmetologists, cosmetology,
528	salons, specialists, specialty salons, and booth renters;
529	chemical makeup as it pertains to hair, skin, and nails; and
530	environmental issues. Courses given at educational cosmetology
531	conferences may be counted toward the number of continuing
532	education hours required if approved by the board.
533	(b)  Any person whose occupation or practice is confined
534	solely to hair braiding, hair wrapping, or body wrapping is
535	exempt from the continuing education requirements of this
536	subsection.
537	(b)(c)  The board may, by rule, require any licensee or
538	registered specialist who has not been in the active practice of
539	cosmetology for 2 years or more in violation of a continuing
540	education requirement to take a refresher course or refresher
541	course and examination in addition to any other penalty. The
542	number of hours for the refresher course may not exceed 500 48
543	hours.
544	Section 8.  Subsections (1) and (5) of section 477.0201,
545	Florida Statutes, are amended to read:
546	477.0201  Specialty registration; qualifications;
547	registration renewal; endorsement.--
548	(1)  Any person is qualified for registration as a
549	specialist in any one or more of the specialty practices listed
550	in s. 477.0132 within the practice of cosmetology under this
551	chapter who:
552	(a)  Is at least 16 years of age and or has received a high
553	school diploma or graduate equivalency diploma or has passed an
554	ability-to-benefit test, which is an independently administered
555	test approved by the United States Secretary of Education as
556	provided in 20 U.S.C. s. 1091(d).
557	(b)  Has received a certificate of completion in a
558	specialty course pursuant to s. 477.0132 477.013(6) from one of
559	the following:
560	1.  A school licensed pursuant to s. 477.023.
561	2.  A school licensed pursuant to chapter 1005 or the
562	equivalent licensing authority of another state.
563	3.  A specialty program within the public school system.
564	4.  A specialty division within the Cosmetology Division of
565	the Florida School for the Deaf and the Blind, provided the
566	training programs comply with minimum curriculum requirements
567	established by the board.
568	(5)  The board shall adopt rules specifying procedures for
569	the registration of specialty practitioners desiring to be
570	registered in this state who have been registered or licensed
571	and are practicing in states which have registering or licensing
572	standards substantially similar to, equivalent to, or more
573	stringent than the standards of this state. For purposes of this
574	subsection, work experience may be substituted for required
575	educational hours in the amount and manner provided by rule.
576	Section 9.  Subsection (2) of section 477.0212, Florida
577	Statutes, is amended to read:
578	477.0212  Inactive status.--
579	(2)  The board shall adopt promulgate rules relating to
580	licenses that which have become inactive and for the renewal of
581	inactive licenses. The board shall prescribe by rule a fee not
582	to exceed $100 $50 for the reactivation of an inactive license
583	and a fee not to exceed $100 $50 for the renewal of an inactive
584	license. The board shall prescribe by rule the continuing
585	education requirements to be met prior to license renewal or
586	reactivation.
587	Section 10.  Section 477.023, Florida Statutes, is amended
588	to read:
589	477.023  Schools of cosmetology; licensure.--A No private
590	school of cosmetology may not shall be permitted to operate
591	without a license issued by the Commission for Independent
592	Education pursuant to chapter 1005. However, this chapter does
593	not nothing herein shall be construed to prevent certification
594	by the Department of Education of grooming and salon services
595	and cosmetology training programs within the public school
596	system or to prevent government operation of any other program
597	of cosmetology in this state.
598	Section 11.  Section 477.0235, Florida Statutes, is created
599	to read:
600	477.0235  Independent contractor; booth renter license.--
601	(1)  A person licensed or registered under this chapter may
602	not lease or rent space on the premises of a beauty salon to
603	engage as an independent contractor in the practice of
604	cosmetology or a cosmetological specialty unless the person also
605	holds a booth renter license issued under this section and meets
606	the guidelines of the Internal Revenue Service as stated in 26
607	U.S.C. s. 3121(d)(2) of the Internal Revenue Code.
608	(2)  An application for a booth renter license must:
609	(a)  Be on a form prescribed by the board.
610	(b)  Contain information as required by board rule.
611	(c)  Include a copy of the contract.
612	(3)  The applicant is entitled to a booth renter license if
613	the applicant:
614	(a)  Pays the application fee.
615	(b)  Complies with board rules.
616	(c)  Has not committed an act that constitutes grounds for
617	denial of a license or certificate.
618	(4)  The board shall adopt rules relating to the
619	information submitted for a booth renter license, including
620	information regarding the applicant's compliance with state and
621	federal tax laws.
622	Section 12.  Section 477.025, Florida Statutes, is amended
623	to read:
624	477.025  Cosmetology salons; specialty salons; booth rental
625	salons; requisites; licensure; inspection; mobile cosmetology
626	salons.--
627	(1)  A No cosmetology salon, or specialty salon, or booth
628	rental salon may not shall be permitted to operate without a
629	license issued by the department except as provided in
630	subsection (11).
631	(2)  The board shall adopt rules governing the licensure
632	and operation of salons, and specialty salons, and booth rental
633	salons; and their facilities, personnel, advertising, and safety
634	and sanitation sanitary requirements;, and the license
635	application and granting process.
636	(3)  Any person, firm, or corporation desiring to operate a
637	cosmetology salon, or specialty salon, or booth rental salon in
638	the state shall submit to the department an application upon
639	forms provided by the department and accompanied by any relevant
640	information requested by the department and by an application
641	fee.
642	(4)  Upon receiving the application, the department may
643	cause an investigation to be made of the proposed cosmetology
644	salon, or specialty salon, or booth rental salon.
645	(5)  If When an applicant fails to meet all the
646	requirements provided in this section herein, the department
647	shall deny the application in writing and shall list the
648	specific requirements not met. An No applicant denied licensure
649	because of failure to meet the requirements of this section is
650	not herein shall be precluded from reapplying for licensure.
651	(6)  When the department determines that the proposed
652	cosmetology salon, or specialty salon, or booth rental salon may
653	reasonably be expected to meet the requirements set forth in
654	this section herein, the department shall grant the license upon
655	such conditions as it deems shall deem proper under the
656	circumstances and upon payment of the original licensing fee.
657	(7)  A No license for operation of a cosmetology salon, or
658	specialty salon, or booth rental salon may not be transferred
659	from the name of the original licensee to another. It may be
660	transferred from one location to another only upon approval by
661	the department, which approval may shall not be unreasonably
662	withheld.
663	(8)  Renewal of license registration for cosmetology
664	salons, or specialty salons, or booth rental salons shall be
665	accomplished pursuant to rules adopted by the board. The board
666	is further authorized to adopt rules governing delinquent
667	renewal of licenses and may impose penalty fees for delinquent
668	renewal.
669	(9)  The board may is authorized to adopt rules governing
670	the periodic inspection of cosmetology salons, and specialty
671	salons, and booth rental salons licensed under this chapter.
672	(10)(a)  The board shall adopt rules governing the
673	licensure, operation, and inspection of mobile cosmetology
674	salons, including their facilities, personnel, and safety and
675	sanitation sanitary requirements.
676	(b)  Each mobile salon shall must comply with all licensure
677	and operating requirements specified in this chapter or chapter
678	455 or rules of the board or department that apply to
679	cosmetology salons at fixed locations, except to the extent that
680	such requirements conflict with this subsection or rules adopted
681	pursuant to this subsection.
682	(c)  A mobile cosmetology salon shall must maintain a
683	permanent business address, located in the inspection area of
684	the local department office, at which records of appointments,
685	itineraries, license numbers of employees, and vehicle
686	identification numbers of the licenseholder's mobile salon shall
687	be kept and made available for verification purposes by
688	department personnel, and at which correspondence from the
689	department can be received.
690	(d)  To facilitate periodic inspections of mobile
691	cosmetology salons, prior to the beginning of each month each
692	mobile salon licenseholder shall must file with the board a
693	written monthly itinerary listing the locations where and the
694	dates and hours when the mobile salon will be operating.
695	(e)  The board shall establish fees for mobile cosmetology
696	salons, not to exceed the fees for cosmetology salons at fixed
697	locations.
698	(f)  The operation of mobile cosmetology salons shall must
699	be in compliance with all local laws and ordinances regulating
700	business establishments, with all applicable requirements of the
701	Americans with Disabilities Act relating to accommodations for
702	persons with disabilities, and with all applicable OSHA
703	requirements.
704	(11)  Facilities licensed under part II or part III of
705	chapter 400 shall be exempt from the provisions of this section
706	and a cosmetologist licensed pursuant to s. 477.019 may provide
707	salon services exclusively for facility residents.
708	Section 13.  Section 477.026, Florida Statutes, is amended
709	to read:
710	477.026  Fees; disposition.--
711	(1)  The board shall set fees according to the following
712	schedule:
713	(a)  For hairstylists, estheticians, nail technicians, or
714	cosmetologists, fees for original licensing, license renewal,
715	and delinquent renewal may shall not exceed $50 $25.
716	(b)  For hairstylists, estheticians, nail technicians, or
717	cosmetologists, fees for endorsement application, examination,
718	and reexamination may shall not exceed $150 $50.
719	(c)  For cosmetology salons, booth rental salons, and
720	specialty salons, fees for license application, original
721	licensing, license renewal, and delinquent renewal may shall not
722	exceed $100 $50.
723	(d)  For specialty registrations specialists, fees for
724	application and endorsement registration may shall not exceed
725	$60 $30.
726	(e)  For specialty registrations specialists, fees for
727	initial registration, registration renewal, and delinquent
728	renewal may shall not exceed $50.
729	(f)  For booth renters hair braiders, hair wrappers, and
730	body wrappers, fees for original licensing, license renewal, and
731	delinquent renewal may registration shall not exceed $50 $25.
732	(2)  All moneys collected by the department from fees
733	authorized by this chapter shall be paid into the Professional
734	Regulation Trust Fund, which fund is created in the department,
735	and shall be applied in accordance with ss. 215.37 and 455.219.
736	The Legislature may appropriate any excess moneys from this
737	fund to the General Revenue Fund.
738	(2)(3)  The department, with the advice of the board, shall
739	prepare and submit a proposed budget in accordance with law.
740	Section 14.  Section 477.0263, Florida Statutes, is amended
741	to read:
742	477.0263  Cosmetology services to be performed in licensed
743	salon; exceptions exception.--
744	(1)  Cosmetology or specialty services shall be performed
745	only by licensed cosmetologists, hairstylists, estheticians,
746	nail technicians, shampoo specialists, cosmetic specialists, or
747	body wrappers in licensed salons, except as otherwise provided
748	in this section.
749	(2)  Hair braiding and hair wrapping need not be practiced
750	in a licensed salon. When hair braiding and hair wrapping are
751	practiced outside a licensed salon, disposable implements must
752	be used or all implements must be sanitized in a disinfectant
753	approved for hospital use or by the United States Environmental
754	Protection Agency.
755	(3)(2)  Pursuant to rules established by the board,
756	cosmetology services may be performed by a licensed
757	cosmetologist, hairstylist, esthetician, nail technician, or
758	speciality registrant in a location other than a licensed salon,
759	including, but not limited to, a nursing home, hospital, or
760	residence, when a client for reasons of ill health is unable to
761	go to a licensed salon. Arrangements for the performance of such
762	cosmetology services in a location other than a licensed salon
763	shall be made only through a licensed salon.
764	(4)(3)  Any person who holds a valid cosmetology license in
765	any state or who is authorized to practice cosmetology in any
766	country, territory, or jurisdiction of the United States may
767	perform cosmetology services in a location other than a licensed
768	salon when such services are performed in connection with the
769	motion picture, fashion photography, theatrical, or television
770	industry; a photography studio salon; a manufacturer trade show
771	demonstration; a department store demonstration; or an
772	educational seminar.
773	(5)  Pursuant to rules established by the board,
774	cosmetology, hairstylist, esthetician, nail technician, or
775	specialty services may be performed in a location other than a
776	licensed salon when such services are performed in connection
777	with a special event and are performed by a person holding the
778	proper license or specialty registration. Arrangements for the
779	performance of such services in a location other than a licensed
780	salon shall be made only through a licensed salon.
781	Section 15.  Subsection (1) of section 477.0265, Florida
782	Statutes, is amended to read:
783	477.0265  Prohibited acts.--
784	(1)  It is unlawful for any person to:
785	(a)  Engage in the practice of cosmetology or a specialty
786	without an active license in the field of cosmetology as a
787	cosmetologist or registration as a specialist issued by the
788	department pursuant to the provisions of this chapter.
789	(b)  Own, operate, maintain, open, establish, conduct, or
790	have charge of, either alone or with another person or persons,
791	a cosmetology salon, or specialty salon, or booth rental salon:
792	1.  Which is not licensed under the provisions of this
793	chapter; or
794	2.  In which a person not licensed in the field of
795	cosmetology or registered as a cosmetologist or registered as a
796	specialist is permitted to perform cosmetology services or any
797	specialty.
798	(c)  Engage in willful or repeated violations of this
799	chapter or of any rule adopted by the board.
800	(d)  Permit an employed person to engage in the practice of
801	cosmetology or of a specialty unless such person holds a valid,
802	active license in the field of cosmetology as a cosmetologist or
803	registration as a specialist.
804	(e)  Obtain or attempt to obtain a license or registration
805	for money, other than the required fee, or any other thing of
806	value or by fraudulent misrepresentations.
807	(f)  Use or attempt to use a license to practice in the
808	field of cosmetology or a registration to practice a specialty,
809	which license or registration is suspended or revoked.
810	(g)  Advertise or imply that skin care services or body
811	wrapping, as performed under this chapter, has have any
812	relationship to the practice of massage therapy as defined in s.
813	480.033(3), except those practices or activities defined in s.
814	477.013.
815	(h)  In the practice of cosmetology, use or possess a
816	cosmetic product containing a liquid nail monomer containing any
817	trace of methyl methacrylate (MMA).
818	Section 16.  Section 477.028, Florida Statutes, is amended
819	to read:
820	477.028  Disciplinary proceedings.--
821	(1)  The board may shall have the power to revoke or
822	suspend the license of a cosmetologist, hairstylist,
823	esthetician, or nail technician licensed under this chapter, or
824	the registration of a specialist registered under this chapter,
825	and may to reprimand, censure, deny subsequent licensure or
826	registration of, or otherwise discipline a cosmetologist,
827	hairstylist, esthetician, nail technician, or other a specialist
828	licensed or registered under this chapter in any of the
829	following cases:
830	(a)  Upon proof that a license or registration has been
831	obtained by fraud or misrepresentation.
832	(b)  Upon proof that the holder of a license or
833	registration is guilty of fraud or deceit or of gross
834	negligence, incompetency, or misconduct in the practice or
835	instruction of cosmetology or a specialty.
836	(c)  Upon proof that the holder of a license or
837	registration is guilty of aiding, assisting, procuring, or
838	advising any unlicensed person to practice in the field of
839	cosmetology as a cosmetologist.
840	(2)  The board may shall have the power to revoke or
841	suspend the license of a cosmetology salon, or a specialty
842	salon, or booth rental salon licensed under this chapter;, to
843	deny subsequent licensure of such salon;, or to reprimand,
844	censure, or otherwise discipline the owner of such salon in
845	either of the following cases:
846	(a)  Upon proof that a license has been obtained by fraud
847	or misrepresentation.
848	(b)  Upon proof that the holder of a license is guilty of
849	fraud or deceit or of gross negligence, incompetency, or
850	misconduct in the operation of the salon so licensed.
851	(3)  Disciplinary proceedings shall be conducted pursuant
852	to the provisions of chapter 120.
853	(4)  The department may shall not issue or renew a license
854	or certificate of registration under this chapter to any person
855	against whom or salon against which the board has assessed a
856	fine, interest, or costs associated with investigation and
857	prosecution until the person or salon has paid in full such
858	fine, interest, or costs associated with investigation and
859	prosecution or until the person or salon complies with or
860	satisfies all terms and conditions of the final order.
861	Section 17.  Section 477.029, Florida Statutes, is amended
862	to read:
863	477.029  Penalty.--
864	(1)  It is unlawful for any person to:
865	(a)  Hold himself or herself out as a cosmetologist,
866	hairstylist, esthetician, nail technician, shampoo specialist,
867	cosmetic specialist, hair wrapper, hair braider, or body wrapper
868	unless duly licensed or registered, or otherwise authorized, as
869	provided in this chapter.
870	(b)  Operate any cosmetology salon unless it has been duly
871	licensed as provided in this chapter.
872	(c)  Permit an employed person to practice in the field of
873	cosmetology, in or a cosmetological specialty, or as a
874	hairstylist, esthetician, or nail technician unless duly
875	licensed or registered, or otherwise authorized, as provided in
876	this chapter.
877	(d)  Present as his or her own the license of another.
878	(e)  Give false or forged evidence to the department in
879	obtaining any license provided for in this chapter.
880	(f)  Impersonate any other licenseholder of like or
881	different name.
882	(g)  Use or attempt to use a license that has been revoked.
883	(h)  Violate any provision of s. 455.227(1), s. 477.0265,
884	or s. 477.028.
885	(i)  Violate or refuse to comply with any provision of this
886	chapter or chapter 455 or a rule or final order of the board or
887	the department.
888	(2)  Any person who violates the provisions of this section
889	is shall be subject to one or more of the following penalties,
890	as determined by the board:
891	(a)  Revocation or suspension of any license or
892	registration issued pursuant to this chapter.
893	(b)  Issuance of a reprimand or censure.
894	(c)  Imposition of an administrative fine not to exceed
895	$500 for each count or separate offense.
896	(d)  Placement on probation for a period of time and
897	subject to such reasonable conditions as the board may specify.
898	(e)  Refusal to certify to the department an applicant for
899	licensure.
900	Section 18.  This act shall take effect July 1, 2005.

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