Amendment
Bill No. 1619

Amendment No. 146891

CHAMBER ACTION
Senate		House
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1	Representative(s) Carroll offered the following:
2
3	Amendment (with title amendment)
4	Between lines  34 and 35, insert:
5	Section 1.  Section 477.013, Florida Statutes, is amended
6	to read:
7	477.013  Definitions.--As used in this chapter, the term:
8	(1)  "Board" means the Board of Cosmetology.
9	(2)  "Department" means the Department of Business and
10	Professional Regulation.
11	(3)  "Cosmetologist" means a person who is licensed to
12	engage in the practice of all cosmetology services in this state
13	under the authority of this chapter, including hair technician
14	services, esthetician services, and nail technician services, or
15	a person who is licensed prior to January 1, 2007, to engage in
16	the practice of cosmetology in this state.
17	(4)  "Cosmetology" means the practice of performing or
18	offering to perform for compensation any of the following
19	services for aesthetic rather than medical purposes:
20	(a)  Hair technician services, which are:
21	1.  Treating a person's hair by:
22	a.  Providing any method of treatment as a primary service,
23	including arranging, beautifying, lightening, cleansing,
24	coloring, cutting, dressing, processing, shampooing, shaping,
25	singeing, straightening, styling, tinting, or waving;
26	b.  Providing a necessary service that is preparatory or
27	ancillary to a service under sub-subparagraph a., including
28	clipping, cutting, or trimming; or
29	c.  Cutting a person's hair as a separate and independent
30	service for which a charge is directly or indirectly made
31	separately from charges for any other service.
32	2.  Weaving or braiding a person's hair.
33	3.  Shampooing and conditioning a person's hair.
34	4.  Servicing a person's wig or artificial hairpiece on a
35	person's head in any manner listed in subparagraph 1.
36	5.  Treating a person's mustache or beard by coloring,
37	processing, styling, or trimming.
38	(b)  Esthetician services, which are:
39	1.  Cleansing, exfoliating, or stimulating a person's skin
40	by hand or by using a mechanical device, apparatus, or appliance
41	with the use of any cosmetic preparation, antiseptic, lotion,
42	powder, oil, clay, cream, or appliance.
43	2.  Beautifying a person's skin using a cosmetic
44	preparation, antiseptic, lotion, powder, oil, clay, cream, or
45	appliance.
46	3.  Administering facial treatments.
47	4.  Removing superfluous hair from a person's body using
48	depilatories, threading, waxing, sugaring, or tweezing.
49	5.  Tinting eyebrows or eyelashes with products
50	manufactured specifically for eyebrows or eyelashes.
51	6.  Body wrapping, which is a treatment program that uses
52	wraps for the purposes of cleansing and beautifying a person's
53	skin for aesthetic rather than medical or weight-loss purposes
54	and is the application of oils, lotions, or other fluids to the
55	body using wraps. Body wrapping does not include manipulation of
56	the body's superficial tissue, other than that resulting from
57	the application of the wrap materials.
58	7.  Submersing parts of the body in a bath of clay, oils,
59	lotions, or other fluids.
60	(c)  Nail technician services, which are:
61	1.  Treating a person's nails by:
62	a.  Cutting, trimming, polishing, painting, printing,
63	tinting, coloring, cleansing, manicuring, or pedicuring; or
64	b.  Affixing artificial nails, extensions, or capping.
65	2.  Cleansing, treating, or beautifying a person's
66	forearms, hands, legs below the knee, or feet mechanical or
67	chemical treatment of the head, face, and scalp for aesthetic
68	rather than medical purposes, including, but not limited to,
69	hair shampooing, hair cutting, hair arranging, hair coloring,
70	permanent waving, and hair relaxing for compensation. This term
71	also includes performing hair removal, including wax treatments,
72	manicures, pedicures, and skin care services.
73	(5)  "Salon" means a place of business where the practice
74	of one or more of the cosmetology or specialty services are
75	offered or performed for compensation.
76	(6)(5)  "Specialist" means any person registered pursuant
77	to s. 477.014(6) to practice one or more of the following
78	specialties: holding a specialty registration in one or more of
79	the specialties registered under this chapter.
80	(6)  "Specialty" means the practice of one or more of the
81	following:
82	(a)  Manicuring, or the cutting, polishing, tinting,
83	coloring, cleansing, adding, or extending of the nails, and
84	massaging of the hands. This term includes any procedure or
85	process for the affixing of artificial nails, except those nails
86	which may be applied solely by use of a simple adhesive.
87	(b)  Pedicuring, or the shaping, polishing, tinting, or
88	cleansing of the nails of the feet, and massaging or beautifying
89	of the feet.
90	(c)  Facials, or the massaging or treating of the face or
91	scalp with oils, creams, lotions, or other preparations, and
92	skin care services, which means the treatment of the skin of a
93	person's body, in addition to a person's head, face, and scalp,
94	by the use of a sponge, brush, cloth, or similar device to apply
95	or remove a chemical preparation or other substance without
96	involving massage, as defined in s. 480.033(3), except that
97	chemical peels may be removed by peeling an applied preparation
98	from the skin by hand.
99	(7)  "Shampooing" means the cleansing washing of the hair
100	with soap and water or with a special preparation, or applying
101	hair tonics.
102	(8)  "Specialty salon" means any place of business wherein
103	the practice of one or all of the specialties as defined in
104	subsection (6) are engaged in or carried on.
105	(8)(9)  "Hair braiding" means the weaving or interweaving
106	of a person's own natural human hair for compensation without
107	cutting, coloring, permanent waving, relaxing, removing, or
108	chemical treatment and does not include the use of hair
109	extensions or wefts.
110	(9)(10)  "Hair wrapping" means the wrapping of manufactured
111	materials around a strand or strands of human hair, for
112	compensation, without cutting, coloring, permanent waving,
113	relaxing, removing, weaving, chemically treating, braiding,
114	using hair extensions, or performing any other service defined
115	as cosmetology.
116	(10)(11)  "Photography studio salon" means an establishment
117	where the hair-arranging services and the application of
118	cosmetic products are performed solely for the purpose of
119	preparing the model or client for the photographic session
120	without shampooing, cutting, coloring, permanent waving,
121	relaxing, or removing of hair or performing any other service
122	defined as cosmetology.
123	(11)  "Cosmetology intern" means a student enrolled in a
124	cosmetology school or program to earn school or program hours by
125	interning under the direct supervision of a licensed
126	cosmetologist in a licensed salon.
127	(12)  "Internship sponsor" means a licensed cosmetologist
128	registered with the board for the purpose of supervising a
129	cosmetology intern and ensuring compliance by the intern with
130	the laws and rules of this state and the internship requirements
131	established by the board and administered through the school or
132	program.
133	(12)  "Body wrapping" means a treatment program that uses
134	herbal wraps for the purposes of cleansing and beautifying the
135	skin of the body, but does not include:
136	(a)  The application of oils, lotions, or other fluids to
137	the body, except fluids contained in presoaked materials used in
138	the wraps; or
139	(b)  Manipulation of the body's superficial tissue, other
140	than that arising from compression emanating from the wrap
141	materials.
142	(13)  "Skin care services" means the treatment of the skin
143	of the body, other than the head, face, and scalp, by the use of
144	a sponge, brush, cloth, or similar device to apply or remove a
145	chemical preparation or other substance, except that chemical
146	peels may be removed by peeling an applied preparation from the
147	skin by hand. Skin care services must be performed by a licensed
148	cosmetologist or facial specialist within a licensed cosmetology
149	or specialty salon, and such services may not involve massage,
150	as defined in s. 480.033(3), through manipulation of the
151	superficial tissue.
152	Section 2.  Section 477.0131, Florida Statutes, is created
153	to read:
154	477.0131  Hair technician, esthetician, nail technician,
155	and cosmetology licenses.--
156	(1)  A person who is otherwise qualified by this chapter
157	and who is authorized to practice all of the services listed in
158	s. 477.013(4)(a) shall be licensed as a hair technician.
159	(2)  A person who is otherwise qualified by this chapter
160	and who is authorized to practice all of the services listed in
161	s. 477.013(4)(b) shall be licensed as an esthetician.
162	(3)  A person who is otherwise qualified by this chapter
163	and who is authorized to practice all of the services listed in
164	s. 477.013(4)(c) shall be licensed as a nail technician.
165	(4)  A person who is otherwise qualified by this chapter
166	and who is authorized to practice all of the services listed in
167	s. 477.013(4) shall be licensed as a cosmetologist.
168	Section 3.  Section 477.0132, Florida Statutes, is amended
169	to read:
170	477.0132  Hair braiding, hair wrapping, and body wrapping
171	registration.--
172	(1)  A person whose occupation or practice is confined
173	solely to hair braiding shall register with the department,
174	shall pay the applicable registration fees, and shall take and
175	pass a course consisting of a minimum of 40 hours, except as
176	otherwise provided in this subsection. The course shall be
177	approved by the board and shall consist of 4 hours of
178	instruction in HIV/AIDS and other communicable diseases, 5 hours
179	of instruction in sanitation and sterilization, 5 hours of
180	instruction in disorders and diseases of the scalp, 2 hours of
181	instruction regarding laws affecting hair braiding, and 24 hours
182	of instruction in the application and removal of hair braiding.
183	A person who demonstrates skill in the application and removal
184	of hair braiding through a board-approved examination may be
185	exempt from the 24 hours of instruction in the application and
186	removal of hair braiding.
187	(a)  Persons whose occupation or practice is confined
188	solely to hair braiding must register with the department, pay
189	the applicable registration fee, and take a two-day 16-hour
190	course. The course shall be board approved and consist of 5
191	hours of HIV/AIDS and other communicable diseases, 5 hours of
192	sanitation and sterilization, 4 hours of disorders and diseases
193	of the scalp, and 2 hours of studies regarding laws affecting
194	hair braiding.
195	(2)(b)  A person Persons whose occupation or practice is
196	confined solely to hair wrapping shall must register with the
197	department, pay the applicable registration fee, and take a one-
198	day 6-hour course. The course shall be board approved and
199	consist of instruction education in HIV/AIDS and other
200	communicable diseases, sanitation and sterilization, disorders
201	and diseases of the scalp, and instruction studies regarding
202	laws affecting hair wrapping.
203	(3)  A person holding a registration in body wrapping
204	before January 1, 2007, may continue to practice body wrapping
205	as described in s. 477.013(4)(b)6. The board shall adopt by rule
206	continuing education requirements for the renewal of body
207	wrapping registrations.
208	(c)  Unless otherwise licensed or exempted from licensure
209	under this chapter, any person whose occupation or practice is
210	body wrapping must register with the department, pay the
211	applicable registration fee, and take a two-day 12-hour course.
212	The course shall be board approved and consist of education in
213	HIV/AIDS and other communicable diseases, sanitation and
214	sterilization, disorders and diseases of the skin, and studies
215	regarding laws affecting body wrapping.
216	(4)(d)  Only the board may review, evaluate, and approve a
217	course and text required of an applicant for registration under
218	this section subsection in the occupation or practice of hair
219	braiding or, hair wrapping, or body wrapping. A provider of such
220	a course is not required to hold a license under chapter 1005.
221	(5)(2)  Hair braiding and, hair wrapping, and body wrapping
222	are not required to be practiced in a cosmetology salon or
223	specialty salon. When hair braiding or, hair wrapping, or body
224	wrapping is practiced outside a cosmetology salon or specialty
225	salon, disposable implements shall must be used or all
226	implements shall must be sanitized in a disinfectant approved
227	for hospital use or approved by the federal Environmental
228	Protection Agency.
229	(3)  Pending issuance of registration, a person is eligible
230	to practice hair braiding, hair wrapping, or body wrapping upon
231	submission of a registration application that includes proof of
232	successful completion of the education requirements and payment
233	of the applicable fees required by this chapter.
234	Section 4.  Section 477.014, Florida Statutes, is amended
235	to read:
236	477.014  Qualifications for practice.--
237	(1)  On and after January 1, 2007, a 1979, no person who is
238	not other than a duly licensed or registered under this chapter
239	may not cosmetologist shall practice in any of the cosmetology
240	areas provided in s. 477.013(4) or use the name or title of
241	cosmetologist, hair technician, esthetician, or nail technician.
242	(2)  A person licensed or registered under this chapter on
243	or after January 1, 2007, may not practice or hold himself or
244	herself out as qualified to practice in an area in which he or
245	she is not specifically licensed or registered under this
246	chapter.
247	(3)  A cosmetologist licensed before January 1, 2007, may
248	perform all the services of a licensed cosmetologist as defined
249	in this chapter.
250	(4)  A facial specialist registered or enrolled in a
251	cosmetology school before January 1, 2007, may take the
252	examination for an esthetician license.
253	(5)  A manicure, pedicure, and nail extension specialist
254	registered or enrolled in a cosmetology school before January 1,
255	2007, may take the examination for a nail technician license.
256	(6)  A specialist registered under this chapter before
257	January 1, 2007, may continue to practice under the name of his
258	or her specialty registration without taking the respective
259	licensure examination. Renewal of all registrations existing
260	before January 1, 2007, shall be accomplished pursuant to rules
261	adopted by the board. Such renewal shall include a full
262	specialty registration, which combines facial and manicure,
263	pedicure, and nail extension.
264	Section 5.  Section 477.019, Florida Statutes, is amended
265	to read:
266	477.019  Cosmetologists; hair technicians; estheticians;
267	nail technicians; qualifications; licensure; supervised
268	practice; license renewal; endorsement; continuing education.--
269	(1)  A person desiring to be licensed in the field of
270	cosmetology as a cosmetologist shall apply to the department for
271	licensure.
272	(2)  An applicant is shall be eligible for licensure by
273	examination to practice cosmetology, hair technician services,
274	esthetician services, or nail technician services if the
275	applicant:
276	(a)  Is at least 16 years of age or has received a high
277	school diploma or graduate equivalency diploma or has passed an
278	ability-to-benefit test, which is an independently administered
279	test approved by the United States Secretary of Education as
280	provided in 20 U.S.C. s. 1091(d).;
281	(b)  Pays the required application fee, which is not
282	refundable, and the required examination fee, which is
283	refundable if the applicant is determined to not be eligible for
284	licensure for any reason other than failure to successfully
285	complete the licensure examination.; and
286	(c)1.  Is authorized to practice cosmetology in another
287	state or country, has been so authorized for at least 1 year,
288	and does not qualify for licensure by endorsement as provided
289	for in subsection (6); or
290	2.a.  Has received a minimum number of hours of training as
291	follows:
292	(I)  For a hair technician, 1,000 hours.
293	(II)  For an esthetician, 600 hours.
294	(III)  For a nail technician, 350 hours.
295	(IV)  For a cosmetologist, 1,800 hours.
296	b.  The training Has received a minimum of 1,200 hours of
297	training as established by the board, which shall include, but
298	need shall not be limited to, the equivalent of completion of
299	services directly related to the practice of cosmetology at one
300	of the following:
301	(I)a.  A school of cosmetology licensed pursuant to chapter
302	1005.
303	(II)b.  A cosmetology program within the public school
304	system.
305	(III)c.  The Cosmetology Division of the Florida School for
306	the Deaf and the Blind, provided the division meets the
307	standards of this chapter.
308	(IV)d.  A government-operated cosmetology program in this
309	state.
310	c.  A person who has enrolled and begun his or her
311	education before January 1, 2007, may take the examination to be
312	licensed as a cosmetologist upon completion of 1,200 hours of
313	education.
314	d.  A person who begins his or her education on or after
315	January 1, 2007, shall comply with the hour requirements in sub-
316	subparagraph a. in order to qualify to take his or her
317	respective examination.
318
319	The board shall establish by rule procedures whereby the school
320	or program may certify that a person is qualified to take the
321	required examination after the completion of a minimum of 1,000
322	actual school hours. If the person then passes the examination,
323	he or she shall have satisfied this requirement; but if the
324	person fails the examination, he or she shall not be qualified
325	to take the examination again until the completion of the full
326	requirements provided by this section.
327	(3)  Upon an applicant receiving a passing grade, as
328	established by board rule, on the examination and paying the
329	initial licensing fee, the department shall issue a license to
330	practice in the applicant's respective area of cosmetology
331	provided in s. 477.013(4).
332	(4)  After submitting a complete application to take the
333	first available examination for licensure as a cosmetologist,
334	hair technician, esthetician, or nail technician, a graduate of
335	a licensed cosmetology school or a program within the public
336	school system, which school or program is certified by the
337	Department of Education, is eligible to practice in the
338	graduate's respective area for a maximum period of 60 days,
339	provided such graduate practices under the supervision of a
340	professional licensed under this chapter in a licensed salon. A
341	graduate who fails to pass an examination the first time may
342	continue to practice under the supervision of a professional
343	licensed under this chapter in a licensed salon for an
344	additional 60-day period, provided the graduate applies for the
345	next available examination. A graduate may not continue to
346	practice under this subsection if the graduate fails the
347	examination twice. Following the completion of the first
348	licensing examination and pending the results of that
349	examination and issuance of a license to practice cosmetology,
350	graduates of licensed cosmetology schools or cosmetology
351	programs offered in public school systems, which schools or
352	programs are certified by the Department of Education, are
353	eligible to practice cosmetology, provided such graduates
354	practice under the supervision of a licensed cosmetologist in a
355	licensed cosmetology salon. A graduate who fails the first
356	examination may continue to practice under the supervision of a
357	licensed cosmetologist in a licensed cosmetology salon if the
358	graduate applies for the next available examination and until
359	the graduate receives the results of that examination. No
360	graduate may continue to practice under this subsection if the
361	graduate fails the examination twice.
362	(5)  Renewal of license registration shall be accomplished
363	pursuant to rules adopted by the board.
364	(6)  The board shall adopt rules specifying procedures for
365	the licensure by endorsement of practitioners desiring to be
366	licensed in this state who hold a current active license in
367	another state or country and who have met qualifications
368	substantially similar to, equivalent to, or greater than the
369	qualifications required of applicants from this state. For
370	purposes of this subsection, work experience may be substituted
371	for required educational hours in the amount and manner provided
372	by board rule.
373	(7)(a)  The board shall prescribe by rule continuing
374	education requirements for licensees and registered specialists
375	that intended to ensure the protection of the public through
376	updated training of licensees and registered specialists, not to
377	exceed 16 hours biennially, as a condition for renewal of a
378	license or registration as a specialist under this chapter.
379	Continuing education courses shall include, but not be limited
380	to, the following subjects as they relate to the practice of
381	cosmetology: HIV/AIDS human immunodeficiency virus and acquired
382	immune deficiency syndrome; Occupational Safety and Health
383	Administration regulations; workers' compensation issues; state
384	and federal laws and rules as they pertain to cosmetologists,
385	the practice of cosmetology, salons, specialists, specialty
386	salons, and booth renters; chemical makeup as it pertains to
387	hair, skin, and nails; and environmental issues. Courses given
388	at educational cosmetology conferences may be counted toward the
389	number of continuing education hours required if approved by the
390	board.
391	(b)  Any person whose occupation or practice is confined
392	solely to hair braiding or, hair wrapping, or body wrapping is
393	exempt from the continuing education requirements of this
394	subsection.
395	(c)  The board may, by rule, require any licensee in
396	violation of a continuing education requirement to take a
397	refresher course or refresher course and examination in addition
398	to any other penalty. The number of hours for the refresher
399	course may not exceed 48 hours.
400	Section 6.  Section 477.0212, Florida Statutes, is amended
401	to read:
402	477.0212  Inactive status.--
403	(1)  A cosmetologist's license issued under this chapter
404	that has become inactive may be reactivated under s. 477.019
405	upon application to the department.
406	(2)  The board shall adopt promulgate rules relating to
407	licenses that which have become inactive and for the renewal of
408	inactive licenses. The board shall prescribe by rule a fee not
409	to exceed $100 $50 for the reactivation of an inactive license
410	and a fee not to exceed $50 for the renewal of an inactive
411	license. The board shall prescribe by rule the continuing
412	education requirements to be met prior to license renewal or
413	reactivation.
414	Section 7.  Section 477.023, Florida Statutes, is amended
415	to read:
416	477.023  Schools of cosmetology; licensure.--A No private
417	school of cosmetology may not shall be permitted to operate
418	without a license issued by the Commission for Independent
419	Education pursuant to chapter 1005. However, this chapter does
420	not nothing herein shall be construed to prevent certification
421	by the Department of Education of grooming and salon services
422	and cosmetology training programs within the public school
423	system or to prevent government operation of any other program
424	of cosmetology in this state.
425	Section 8.  Section 477.0231, Florida Statutes, is created
426	to read:
427	477.0231  Cosmetology internships.--
428	(1)  The selection and placement of cosmetology interns
429	shall be determined by the cosmetology school or program. The
430	school or program shall determine whether a student is eligible
431	to become a cosmetology intern and whether an internship sponsor
432	meets the requirements for its educational objectives. The
433	school program, on behalf of the student, shall provide written
434	notice to the board that an internship sponsor has been selected
435	and name the cosmetology intern to be supervised. The school or
436	program shall determine the length and schedule of an individual
437	cosmetology internship, but such internship may not exceed 24
438	months.
439	(2)  Each internship sponsor shall obtain approval from a
440	school or cosmetology program and shall register with the board
441	before accepting placement of each cosmetology intern. The
442	application for registration shall include the name and contact
443	person of the school or program placing the intern, the names
444	and addresses of the internship sponsor, and other information
445	that the board requires.
446	(3)  The internship sponsor shall actively supervise the
447	cosmetology intern in the practice of cosmetology pursuant to
448	rules established by the board. A cosmetology intern may only
449	practice within the field of cosmetology in which he or she is
450	engaged in the course of study. The internship sponsor shall
451	ensure that the cosmetology intern is complying with the laws
452	and rules governing cosmetology and is complying with the
453	educational objectives and guidelines established by the
454	cosmetology school or program and the board.
455	(4)  All services provided by the cosmetology intern shall
456	be expressly approved by the internship sponsor and contracted
457	for by the internship sponsor. The internship sponsor shall
458	ensure that the public is clearly informed that the cosmetology
459	intern is not a licensed cosmetologist.
460	(5)  Pursuant to rules established by the board, the
461	cosmetology salon in which a cosmetology intern is engaged in
462	the practice of cosmetology shall post notice in a conspicuous
463	manner within the salon indicating that a student intern is
464	providing services on the premises.
465	(6)  While engaged in the practice of cosmetology, a
466	cosmetology intern shall posses written documentation of his or
467	her authorization to engage in the practice of cosmetology from
468	the student's cosmetology school or program and shall furnish
469	such documentation to the department before engaging in the
470	practice of cosmetology and upon request by department
471	personnel.
472	(7)  The board shall establish by rule the education
473	prerequisites for cosmetology internships, including the minimum
474	number of hours of classroom instruction and required course
475	work. The board shall establish by rule the number of permitted
476	cosmetology internships per internship sponsor, the minimum and
477	maximum number of internship hours, and the recommended
478	educational objectives and guidelines for an internship program
479	in a cosmetology school or program.
480	(8)  The board may terminate the internship of any
481	cosmetology intern and the sponsorship of any internship sponsor
482	for a violation of the laws and rules governing cosmetology. The
483	board shall provide notice of termination of an internship to
484	the internship sponsor, the cosmetology school or program, and
485	the cosmetology intern. In the case of a terminated cosmetology
486	internship, the school or program shall determine the
487	educational status of the cosmetology intern. A cosmetology
488	intern whose internship sponsor has been terminated, has been
489	otherwise disciplined by the board, or has voluntarily withdrawn
490	from sponsorship remains eligible for new placement through the
491	school or program.
492	Section 9.  Section 477.025, Florida Statutes, is amended
493	to read:
494	477.025  Cosmetology salons; specialty Salons; requisites;
495	licensure; inspection; mobile cosmetology salons.--
496	(1)  No cosmetology salon or specialty salon shall be
497	permitted to operate without a license issued by the department
498	except as provided in subsection (11).
499	(2)  The board shall adopt rules governing the licensure
500	and operation of salons and specialty salons and their
501	facilities, personnel, safety and sanitary requirements, and the
502	license application and granting process.
503	(3)  Any person, firm, or corporation desiring to operate a
504	cosmetology salon or specialty salon in the state shall submit
505	to the department a salon an application form upon forms
506	provided by the department, and accompanied by any relevant
507	information requested by the department, and by an application
508	fee.
509	(4)  Upon receiving the application, the department may
510	cause an investigation to be made of the proposed cosmetology
511	salon or specialty salon.
512	(5)  When an applicant fails to meet all the requirements
513	provided herein, the department shall deny the application in
514	writing and shall list the specific requirements not met. No
515	applicant denied licensure because of failure to meet the
516	requirements herein shall be precluded from reapplying for
517	licensure.
518	(6)  When the department determines that the proposed
519	cosmetology salon or specialty salon may reasonably be expected
520	to meet the requirements set forth herein, the department shall
521	grant the license upon such conditions as it shall deem proper
522	under the circumstances and upon payment of the original
523	licensing fee.
524	(7)  No license for operation of a cosmetology salon or
525	specialty salon may be transferred from the name of the original
526	licensee to another. It may be transferred from one location to
527	another only upon approval by the department, which approval
528	shall not be unreasonably withheld.
529	(8)  Renewal of license registration for cosmetology salons
530	or specialty salons shall be accomplished pursuant to rules
531	adopted by the board. The board is further authorized to adopt
532	rules governing delinquent renewal of licenses and may impose
533	penalty fees for delinquent renewal.
534	(9)  The board is authorized to adopt rules governing the
535	periodic inspection of cosmetology salons and specialty salons
536	licensed under this chapter.
537	(10)(a)  The board shall adopt rules governing the
538	licensure, operation, and inspection of mobile cosmetology
539	salons, including their facilities, personnel, and safety and
540	sanitary requirements.
541	(b)  Each mobile salon must comply with all licensure and
542	operating requirements specified in this chapter or chapter 455
543	or rules of the board or department that apply to cosmetology
544	salons at fixed locations, except to the extent that such
545	requirements conflict with this subsection or rules adopted
546	pursuant to this subsection.
547	(c)  A mobile cosmetology salon must maintain a permanent
548	business address, located in the inspection area of the local
549	department office, at which records of appointments,
550	itineraries, license numbers of employees, and vehicle
551	identification numbers of the licenseholder's mobile salon shall
552	be kept and made available for verification purposes by
553	department personnel, and at which correspondence from the
554	department can be received.
555	(d)  To facilitate periodic inspections of mobile
556	cosmetology salons, prior to the beginning of each month each
557	mobile salon licenseholder must file with the board a written
558	monthly itinerary listing the locations where and the dates and
559	hours when the mobile salon will be operating.
560	(e)  The board shall establish fees for mobile cosmetology
561	salons, not to exceed the fees for cosmetology salons at fixed
562	locations.
563	(f)  The operation of mobile cosmetology salons must be in
564	compliance with all local laws and ordinances regulating
565	business establishments, with all applicable requirements of the
566	Americans with Disabilities Act relating to accommodations for
567	persons with disabilities, and with all applicable OSHA
568	requirements.
569	(11)  Facilities licensed under part II or part III of
570	chapter 400 shall be exempt from the provisions of this section
571	and a cosmetologist licensed pursuant to s. 477.019 may provide
572	salon services exclusively for facility residents.
573	Section 10.  Section 477.026, Florida Statutes, is amended
574	to read:
575	477.026  Fees; disposition.--
576	(1)  The board shall set fees according to the following
577	schedule:
578	(a)  For hair technicians, estheticians, nail technicians,
579	or cosmetologists, fees for original licensing, license renewal,
580	and delinquent renewal may shall not exceed $50 $25.
581	(b)  For hair technicians, estheticians, nail technicians,
582	or cosmetologists, fees for endorsement application,
583	examination, and reexamination may shall not exceed $150 $50.
584	(c)  For cosmetology and specialty salons, fees for license
585	application, original licensing, license renewal, and delinquent
586	renewal may shall not exceed $100 $50.
587	(d)  For specialists, fees for application and endorsement
588	registration shall not exceed $30.
589	(d)(e)  For specialists, fees for initial registration,
590	registration renewal, and delinquent renewal may shall not
591	exceed $100 $50.
592	(e)(f)  For hair braiders and, hair wrappers, and body
593	wrappers, fees for registration may shall not exceed $40 $25.
594	(f)  For internship sponsors, fees for registration may not
595	exceed $30.
596	(2)  All moneys collected by the department from fees
597	authorized by this chapter shall be paid into the Professional
598	Regulation Trust Fund, which fund is created in the department,
599	and shall be applied in accordance with ss. 215.37 and 455.219.
600	The Legislature may appropriate any excess moneys from this fund
601	to the General Revenue Fund.
602	(3)  The department, with the advice of the board, shall
603	prepare and submit a proposed budget in accordance with law.
604	Section 11.  Section 477.0263, Florida Statutes, is amended
605	to read:
606	477.0263  Cosmetology services to be performed in licensed
607	salon; exceptions exception.--
608	(1)  Cosmetology or specialty services shall be performed
609	only by licensed cosmetologists, hair technicians, estheticians,
610	nail technicians, or registered specialists in licensed salons,
611	except as otherwise provided in this section.
612	(2)  Pursuant to rules established by the board,
613	cosmetology or specialty services may be performed by a licensed
614	cosmetologist, hair technician, esthetician, nail technician, or
615	registered specialist in a location other than a licensed salon,
616	including, but not limited to, a nursing home, hospital, or
617	residence, when a client for reasons of ill health is unable to
618	go to a licensed salon. Arrangements for the performance of such
619	cosmetology or specialty services in a location other than a
620	licensed salon shall be made only through a licensed salon.
621	(3)  Any person who holds a valid cosmetology license in
622	any state or who is authorized to practice cosmetology in any
623	country, territory, or jurisdiction of the United States may
624	perform cosmetology services in a location other than a licensed
625	salon when such services are performed in connection with the
626	motion picture, fashion photography, theatrical, or television
627	industry; a photography studio salon; a manufacturer trade show
628	demonstration; a department store demonstration; or an
629	educational seminar.
630	(4)  Pursuant to rules established by the board,
631	cosmetology, hair technician, esthetician, nail technician, or
632	specialty services may be performed in a location other than a
633	licensed salon when such services are performed in connection
634	with a special event and are performed by a person who is
635	employed by a licensed salon and who holds the proper license or
636	specialty registration. Scheduling an appointment for the
637	performance of such services in a location other than a licensed
638	salon shall be made through a licensed salon.
639	Section 12.  Section 477.0265, Florida Statutes, is amended
640	to read:
641	477.0265  Prohibited acts.--
642	(1)  It is unlawful for any person to:
643	(a)  Engage in the practice of cosmetology or a specialty
644	without an active license in the field of cosmetology as a
645	cosmetologist or registration as a specialist issued by the
646	department pursuant to the provisions of this chapter unless
647	authorized as a cosmetology intern pursuant to this chapter and
648	supervised by a licensed cosmetologist.
649	(b)  Own, operate, maintain, open, establish, conduct, or
650	have charge of, either alone or with another person or persons,
651	a cosmetology salon or specialty salon:
652	1.  Which is not licensed under the provisions of this
653	chapter; or
654	2.  In which a person not licensed in the field of
655	cosmetology, authorized as a cosmetology intern, or registered
656	as a cosmetologist or a specialist is permitted to perform
657	cosmetology services or any specialty.
658	(c)  Engage in willful or repeated violations of this
659	chapter or of any rule adopted by the board.
660	(d)  Permit an employed person to engage in the practice of
661	cosmetology or of a specialty unless such person holds a valid,
662	active license in the field of cosmetology as a cosmetologist or
663	a registration as a specialist or is authorized as a cosmetology
664	intern pursuant to this chapter and supervised by a licensed
665	cosmetologist.
666	(e)  Obtain or attempt to obtain a license or registration
667	for money, other than the required fee, or any other thing of
668	value or by fraudulent misrepresentations.
669	(f)  Use or attempt to use a license to practice in the
670	field of cosmetology or a registration to practice a specialty,
671	which license or registration is suspended or revoked.
672	(g)  Advertise or imply that skin care services or body
673	wrapping, as performed under this chapter, has have any
674	relationship to the practice of massage therapy as defined in s.
675	480.033(3), except those practices or activities defined in s.
676	477.013.
677	(h)  In the practice of cosmetology, use or possess a
678	cosmetic product containing a liquid nail monomer containing any
679	trace of methyl methacrylate (MMA).
680	(2)  Any person who violates any provision of this section
681	commits a misdemeanor of the second degree, punishable as
682	provided in s. 775.082 or s. 775.083.
683	Section 12.  Section 477.028, Florida Statutes, is amended
684	to read:
685	477.028  Disciplinary proceedings.--
686	(1)  The board may shall have the power to revoke or
687	suspend the license of a cosmetologist, hair technician,
688	esthetician, or nail technician licensed under this chapter, or
689	the registration of a specialist registered under this chapter,
690	and may to reprimand, censure, deny subsequent licensure or
691	registration of, or otherwise discipline a cosmetologist, hair
692	technician, esthetician, nail technician, or a specialist
693	licensed or registered under this chapter in any of the
694	following cases:
695	(a)  Upon proof that a license or registration has been
696	obtained by fraud or misrepresentation.
697	(b)  Upon proof that the holder of a license or
698	registration is guilty of fraud or deceit or of gross
699	negligence, incompetency, or misconduct in the practice or
700	instruction of cosmetology or a specialty.
701	(c)  Upon proof that the holder of a license or
702	registration is guilty of aiding, assisting, procuring, or
703	advising any unlicensed person to practice in the field of
704	cosmetology as a cosmetologist.
705	(2)  The board may shall have the power to revoke or
706	suspend the license of a cosmetology salon or a specialty salon
707	licensed under this chapter;, to deny subsequent licensure of
708	such salon;, or to reprimand, censure, or otherwise discipline
709	the owner of such salon in either of the following cases:
710	(a)  Upon proof that a license has been obtained by fraud
711	or misrepresentation.
712	(b)  Upon proof that the holder of a license is guilty of
713	fraud or deceit or of gross negligence, incompetency, or
714	misconduct in the operation of the salon so licensed.
715	(3)  Disciplinary proceedings shall be conducted pursuant
716	to the provisions of chapter 120.
717	(4)  The department may shall not issue or renew a license
718	or certificate of registration under this chapter to any person
719	against whom or salon against which the board has assessed a
720	fine, interest, or costs associated with investigation and
721	prosecution until the person or salon has paid in full such
722	fine, interest, or costs associated with investigation and
723	prosecution or until the person or salon complies with or
724	satisfies all terms and conditions of the final order.
725	Section 13.  Section 477.029, Florida Statutes, is amended
726	to read:
727	477.029  Penalty.--
728	(1)  It is unlawful for any person to:
729	(a)  Hold himself or herself out as a cosmetologist, hair
730	technician, esthetician, nail technician, specialist, hair
731	wrapper, hair braider, or body wrapper unless duly licensed or
732	registered, or otherwise authorized, as provided in this
733	chapter.
734	(b)  Operate any cosmetology salon unless it has been duly
735	licensed as provided in this chapter.
736	(c)  Permit an employed person to practice cosmetology or a
737	specialty unless duly licensed or registered, or otherwise
738	authorized, as provided in this chapter.
739	(d)  Present as his or her own the license of another.
740	(e)  Give false or forged evidence to the department in
741	obtaining any license provided for in this chapter.
742	(f)  Impersonate any other licenseholder of like or
743	different name.
744	(g)  Use or attempt to use a license that has been revoked.
745	(h)  Violate any provision of s. 455.227(1), s. 477.0265,
746	or s. 477.028.
747	(i)  Violate or refuse to comply with any provision of this
748	chapter or chapter 455 or a rule or final order of the board or
749	the department.
750	(2)  Any person who violates the provisions of this section
751	is shall be subject to one or more of the following penalties,
752	as determined by the board:
753	(a)  Revocation or suspension of any license or
754	registration issued pursuant to this chapter.
755	(b)  Issuance of a reprimand or censure.
756	(c)  Imposition of an administrative fine not to exceed
757	$500 for each count or separate offense.
758	(d)  Placement on probation for a period of time and
759	subject to such reasonable conditions as the board may specify.
760	(e)  Refusal to certify to the department an applicant for
761	licensure.
762	Section 14.  Section 477.0201, Florida Statutes, is
763	repealed.
764
765
766
767	======= T I T L E  A M E N D M E N T =======
768	Remove line 2 and insert:
769	An act relating to education and vocational training; amending
770	s. 477.013, F.S.; providing and amending definitions; redefining
771	"cosmetology" to include hair technician, esthetician, and nail
772	technician services; including body wrapping within esthetician
773	services; removing a distinction between specialty salons and
774	other salons; creating s. 477.0131, F.S.; authorizing licensure
775	for hair technicians, estheticians, nail technicians, and
776	cosmetologists; amending s. 477.0132, F.S.; requiring passage of
777	a specified course to receive a hair braiding registration;
778	increasing the total hours of instruction and modifying the
779	content of instruction required to constitute a hair braiding
780	course; providing an exemption from a portion of required hair
781	braiding coursework; eliminating future body wrapping
782	registrations; authorizing renewal of current body wrapping
783	registrations; specifying that only the Board of Cosmetology may
784	review, evaluate, and approve required text; amending s.
785	477.014, F.S.; revising requirements for qualification to
786	practice under ch. 477, F.S.; authorizing current specialists to
787	sit for licensure examinations in certain circumstances;
788	providing for the renewal of current specialty registrations;
789	amending s. 477.019, F.S.; revising qualification, education,
790	licensure and renewal, supervised practice, and endorsement
791	requirements for cosmetologist licenses to include and
792	differentiate qualification, education, licensure and renewal,
793	supervised practice, and endorsement requirements for hair
794	technician, esthetician, and nail technician licenses; requiring
795	the board to adopt certain procedures relating to licensure by
796	endorsement; amending s. 477.0212, F.S.; increasing fee caps for
797	the reactivation of an inactive license; requiring the board to
798	adopt certain rules relating to license renewal or continuing
799	education; amending s. 477.023, F.S.; stipulating that the
800	Department of Education is not prevented from issuing grooming
801	and salon services certification; creating s. 477.0231, F.S.;
802	providing for cosmetology internships; providing requirements
803	for the board, cosmetology interns, internship sponsors, and
804	cosmetology salons relating to cosmetology internships; amending
805	s. 477.025, F.S., relating to cosmetology and specialty salons,
806	requisites, licensure, inspection, and mobile cosmetology
807	salons, to conform; amending s. 477.026, F.S.; revising fee
808	provisions to conform; increasing fee caps for certain fees;
809	providing a fee cap for internship sponsors; amending s.
810	477.0263, F.S., to conform; specifying circumstances under which
811	cosmetology or specialty services may be practiced outside of a
812	licensed salon; amending s. 477.0265, F.S., relating to
813	prohibited acts, to conform; amending s. 477.028, F.S., relating
814	to disciplinary proceedings, to conform; amending s. 477.029,
815	F.S., relating to penalties, to conform; repealing s. 477.0201,
816	F.S., relating to specialty registration, qualifications,
817	registration renewal, and endorsement; amending s.

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