HB 1619

1
A bill to be entitled
2An act relating to education and vocational training;
3amending s. 477.013, F.S.; providing and amending
4definitions; redefining "cosmetology" to include hair
5technician, esthetician, and nail technician services;
6including body wrapping within esthetician services;
7removing a distinction between specialty salons and other
8salons; creating s. 477.0131, F.S.; authorizing licensure
9for hair technicians, estheticians, nail technicians, and
10cosmetologists; amending s. 477.0132, F.S.; requiring
11passage of a specified course to receive a hair braiding
12registration; increasing the total hours of instruction
13and modifying the content of instruction required to
14constitute a hair braiding course; providing an exemption
15from a portion of required hair braiding coursework;
16eliminating future body wrapping registrations;
17authorizing renewal of current body wrapping
18registrations; specifying that only the Board of
19Cosmetology may review, evaluate, and approve required
20text; amending s. 477.014, F.S.; revising requirements for
21qualification to practice under ch. 477, F.S.; authorizing
22current specialists to sit for licensure examinations in
23certain circumstances; providing for the renewal of
24current specialty registrations; amending s. 477.019,
25F.S.; revising qualification, education, licensure and
26renewal, supervised practice, and endorsement requirements
27for cosmetologist licenses to include and differentiate
28qualification, education, licensure and renewal,
29supervised practice, and endorsement requirements for hair
30technician, esthetician, and nail technician licenses;
31requiring the board to adopt certain procedures relating
32to licensure by endorsement; amending s. 477.0212, F.S.;
33increasing fee caps for the reactivation of an inactive
34license; requiring the board to adopt certain rules
35relating to license renewal or continuing education;
36amending s. 477.023, F.S.; stipulating that the Department
37of Education is not prevented from issuing grooming and
38salon services certification; creating s. 477.0231, F.S.;
39providing for cosmetology internships; providing
40requirements for the board, cosmetology interns,
41internship sponsors, and cosmetology salons relating to
42cosmetology internships; amending s. 477.025, F.S.,
43relating to cosmetology and specialty salons, requisites,
44licensure, inspection, and mobile cosmetology salons, to
45conform; amending s. 477.026, F.S.; revising fee
46provisions to conform; increasing fee caps for certain
47fees; providing a fee cap for internship sponsors;
48amending s. 477.0263, F.S., to conform; specifying
49circumstances under which cosmetology or specialty
50services may be practiced outside of a licensed salon;
51amending s. 477.0265, F.S., relating to prohibited acts,
52to conform; amending s. 477.028, F.S., relating to
53disciplinary proceedings, to conform; amending s. 477.029,
54F.S., relating to penalties, to conform; repealing s.
55477.0201, F.S., relating to specialty registration,
56qualifications, registration renewal, and endorsement;
57amending s. 1001.43, F.S., relating to district school
58board powers and duties; allowing students to wear sun-
59protective items while outdoors during school hours;
60authorizing use of federal funds to purchase food when
61federal program guidelines permit such use; amending s.
621003.02, F.S.; requiring certain district school boards to
63request proposals from at least two class ring vendors
64annually; requiring public access to information;
65providing criteria for selection of such vendors;
66requiring that the purchase of a class ring may be through
67any vendor marketing class rings and that a student may
68participate in related ceremonies or activities regardless
69of the vendor through which the purchase was made;
70requiring certain district school boards to request
71proposals from at least two photographers annually;
72requiring public access to information; allowing student
73choice of photographer; permitting the inclusion of
74certain photographs in student yearbooks; amending s.
751006.22, F.S.; revising provisions for district school
76board transportation of students in vehicles other than
77school buses; authorizing use of such vehicles for trips
78to and from certain sites and activities; revising
79criteria for such vehicles and their use; requiring
80district school boards and charter schools to adopt a
81policy that addresses procedures and liability for trips
82using vehicles other than school buses; amending ss.
831013.501 and 1013.502, F.S.; redesignating the Florida
84Business and Education in School Together (Florida BEST)
85Program as A Business-Community School (ABC'S) Program;
86providing an effective date.
87
88Be It Enacted by the Legislature of the State of Florida:
89
90     Section 1.  Section 477.013, Florida Statutes, is amended
91to read:
92     477.013  Definitions.--As used in this chapter, the term:
93     (1)  "Board" means the Board of Cosmetology.
94     (2)  "Department" means the Department of Business and
95Professional Regulation.
96     (3)  "Cosmetologist" means a person who is licensed to
97engage in the practice of all cosmetology services in this state
98under the authority of this chapter, including hair technician
99services, esthetician services, and nail technician services, or
100a person who is licensed prior to January 1, 2007, to engage in
101the practice of cosmetology in this state.
102     (4)  "Cosmetology" means the practice of performing or
103offering to perform for compensation any of the following
104services for aesthetic rather than medical purposes:
105     (a)  Hair technician services, which are:
106     1.  Treating a person's hair by:
107     a.  Providing any method of treatment as a primary service,
108including arranging, beautifying, lightening, cleansing,
109coloring, cutting, dressing, processing, shampooing, shaping,
110singeing, straightening, styling, tinting, or waving;
111     b.  Providing a necessary service that is preparatory or
112ancillary to a service under sub-subparagraph a., including
113clipping, cutting, or trimming; or
114     c.  Cutting a person's hair as a separate and independent
115service for which a charge is directly or indirectly made
116separately 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
120person's head in any manner listed in subparagraph 1.
121     5.  Treating a person's mustache or beard by coloring,
122processing, styling, or trimming.
123     (b)  Esthetician services, which are:
124     1.  Cleansing, exfoliating, or stimulating a person's skin
125by hand or by using a mechanical device, apparatus, or appliance
126with the use of any cosmetic preparation, antiseptic, lotion,
127powder, oil, clay, cream, or appliance.
128     2.  Beautifying a person's skin using a cosmetic
129preparation, antiseptic, lotion, powder, oil, clay, cream, or
130appliance.
131     3.  Administering facial treatments.
132     4.  Removing superfluous hair from a person's body using
133depilatories, threading, waxing, sugaring, or tweezing.
134     5.  Tinting eyebrows or eyelashes with products
135manufactured specifically for eyebrows or eyelashes.
136     6.  Body wrapping, which is a treatment program that uses
137wraps for the purposes of cleansing and beautifying a person's
138skin for aesthetic rather than medical or weight-loss purposes
139and is the application of oils, lotions, or other fluids to the
140body using wraps. Body wrapping does not include manipulation of
141the body's superficial tissue, other than that resulting from
142the application of the wrap materials.
143     7.  Submersing parts of the body in a bath of clay, oils,
144lotions, or other fluids.
145     (c)  Nail technician services, which are:
146     1.  Treating a person's nails by:
147     a.  Cutting, trimming, polishing, painting, printing,
148tinting, coloring, cleansing, manicuring, or pedicuring; or
149     b.  Affixing artificial nails, extensions, or capping.
150     2.  Cleansing, treating, or beautifying a person's
151forearms, hands, legs below the knee, or feet mechanical or
152chemical treatment of the head, face, and scalp for aesthetic
153rather than medical purposes, including, but not limited to,
154hair shampooing, hair cutting, hair arranging, hair coloring,
155permanent waving, and hair relaxing for compensation. This term
156also includes performing hair removal, including wax treatments,
157manicures, pedicures, and skin care services.
158     (5)  "Salon" means a place of business where the practice
159of one or more of the cosmetology or specialty services are
160offered or performed for compensation.
161     (6)(5)  "Specialist" means any person registered pursuant
162to s. 477.014(6) to practice one or more of the following
163specialties: holding a specialty registration in one or more of
164the specialties registered under this chapter.
165     (6)  "Specialty" means the practice of one or more of the
166following:
167     (a)  Manicuring, or the cutting, polishing, tinting,
168coloring, cleansing, adding, or extending of the nails, and
169massaging of the hands. This term includes any procedure or
170process for the affixing of artificial nails, except those nails
171which may be applied solely by use of a simple adhesive.
172     (b)  Pedicuring, or the shaping, polishing, tinting, or
173cleansing of the nails of the feet, and massaging or beautifying
174of the feet.
175     (c)  Facials, or the massaging or treating of the face or
176scalp with oils, creams, lotions, or other preparations, and
177skin care services, which means the treatment of the skin of a
178person's body, in addition to a person's head, face, and scalp,
179by the use of a sponge, brush, cloth, or similar device to apply
180or remove a chemical preparation or other substance without
181involving massage, as defined in s. 480.033(3), except that
182chemical peels may be removed by peeling an applied preparation
183from the skin by hand.
184     (7)  "Shampooing" means the cleansing washing of the hair
185with soap and water or with a special preparation, or applying
186hair tonics.
187     (8)  "Specialty salon" means any place of business wherein
188the practice of one or all of the specialties as defined in
189subsection (6) are engaged in or carried on.
190     (8)(9)  "Hair braiding" means the weaving or interweaving
191of a person's own natural human hair for compensation without
192cutting, coloring, permanent waving, relaxing, removing, or
193chemical treatment and does not include the use of hair
194extensions or wefts.
195     (9)(10)  "Hair wrapping" means the wrapping of manufactured
196materials around a strand or strands of human hair, for
197compensation, without cutting, coloring, permanent waving,
198relaxing, removing, weaving, chemically treating, braiding,
199using hair extensions, or performing any other service defined
200as cosmetology.
201     (10)(11)  "Photography studio salon" means an establishment
202where the hair-arranging services and the application of
203cosmetic products are performed solely for the purpose of
204preparing the model or client for the photographic session
205without shampooing, cutting, coloring, permanent waving,
206relaxing, or removing of hair or performing any other service
207defined as cosmetology.
208     (11)  "Cosmetology intern" means a student enrolled in a
209cosmetology school or program to earn school or program hours by
210interning under the direct supervision of a licensed
211cosmetologist in a licensed salon.
212     (12)  "Internship sponsor" means a licensed cosmetologist
213registered with the board for the purpose of supervising a
214cosmetology intern and ensuring compliance by the intern with
215the laws and rules of this state and the internship requirements
216established by the board and administered through the school or
217program.
218     (12)  "Body wrapping" means a treatment program that uses
219herbal wraps for the purposes of cleansing and beautifying the
220skin of the body, but does not include:
221     (a)  The application of oils, lotions, or other fluids to
222the body, except fluids contained in presoaked materials used in
223the wraps; or
224     (b)  Manipulation of the body's superficial tissue, other
225than that arising from compression emanating from the wrap
226materials.
227     (13)  "Skin care services" means the treatment of the skin
228of the body, other than the head, face, and scalp, by the use of
229a sponge, brush, cloth, or similar device to apply or remove a
230chemical preparation or other substance, except that chemical
231peels may be removed by peeling an applied preparation from the
232skin by hand. Skin care services must be performed by a licensed
233cosmetologist or facial specialist within a licensed cosmetology
234or specialty salon, and such services may not involve massage,
235as defined in s. 480.033(3), through manipulation of the
236superficial tissue.
237     Section 2.  Section 477.0131, Florida Statutes, is created
238to read:
239     477.0131  Hair technician, esthetician, nail technician,
240and cosmetology licenses.--
241     (1)  A person who is otherwise qualified by this chapter
242and who is authorized to practice all of the services listed in
243s. 477.013(4)(a) shall be licensed as a hair technician.
244     (2)  A person who is otherwise qualified by this chapter
245and who is authorized to practice all of the services listed in
246s. 477.013(4)(b) shall be licensed as an esthetician.
247     (3)  A person who is otherwise qualified by this chapter
248and who is authorized to practice all of the services listed in
249s. 477.013(4)(c) shall be licensed as a nail technician.
250     (4)  A person who is otherwise qualified by this chapter
251and who is authorized to practice all of the services listed in
252s. 477.013(4) shall be licensed as a cosmetologist.
253     Section 3.  Section 477.0132, Florida Statutes, is amended
254to read:
255     477.0132  Hair braiding, hair wrapping, and body wrapping
256registration.--
257     (1)  A person whose occupation or practice is confined
258solely to hair braiding shall register with the department,
259shall pay the applicable registration fees, and shall take and
260pass a course consisting of a minimum of 40 hours, except as
261otherwise provided in this subsection. The course shall be
262approved by the board and shall consist of 4 hours of
263instruction in HIV/AIDS and other communicable diseases, 5 hours
264of instruction in sanitation and sterilization, 5 hours of
265instruction in disorders and diseases of the scalp, 2 hours of
266instruction regarding laws affecting hair braiding, and 24 hours
267of instruction in the application and removal of hair braiding.
268A person who demonstrates skill in the application and removal
269of hair braiding through a board-approved examination may be
270exempt from the 24 hours of instruction in the application and
271removal of hair braiding.
272     (a)  Persons whose occupation or practice is confined
273solely to hair braiding must register with the department, pay
274the applicable registration fee, and take a two-day 16-hour
275course. The course shall be board approved and consist of 5
276hours of HIV/AIDS and other communicable diseases, 5 hours of
277sanitation and sterilization, 4 hours of disorders and diseases
278of the scalp, and 2 hours of studies regarding laws affecting
279hair braiding.
280     (2)(b)  A person Persons whose occupation or practice is
281confined solely to hair wrapping shall must register with the
282department, pay the applicable registration fee, and take a one-
283day 6-hour course. The course shall be board approved and
284consist of instruction education in HIV/AIDS and other
285communicable diseases, sanitation and sterilization, disorders
286and diseases of the scalp, and instruction studies regarding
287laws affecting hair wrapping.
288     (3)  A person holding a registration in body wrapping
289before January 1, 2007, may continue to practice body wrapping
290as described in s. 477.013(4)(b)6. The board shall adopt by rule
291continuing education requirements for the renewal of body
292wrapping registrations.
293     (c)  Unless otherwise licensed or exempted from licensure
294under this chapter, any person whose occupation or practice is
295body wrapping must register with the department, pay the
296applicable registration fee, and take a two-day 12-hour course.
297The course shall be board approved and consist of education in
298HIV/AIDS and other communicable diseases, sanitation and
299sterilization, disorders and diseases of the skin, and studies
300regarding laws affecting body wrapping.
301     (4)(d)  Only the board may review, evaluate, and approve a
302course and text required of an applicant for registration under
303this section subsection in the occupation or practice of hair
304braiding or, hair wrapping, or body wrapping. A provider of such
305a course is not required to hold a license under chapter 1005.
306     (5)(2)  Hair braiding and, hair wrapping, and body wrapping
307are not required to be practiced in a cosmetology salon or
308specialty salon. When hair braiding or, hair wrapping, or body
309wrapping is practiced outside a cosmetology salon or specialty
310salon, disposable implements shall must be used or all
311implements shall must be sanitized in a disinfectant approved
312for hospital use or approved by the federal Environmental
313Protection Agency.
314     (3)  Pending issuance of registration, a person is eligible
315to practice hair braiding, hair wrapping, or body wrapping upon
316submission of a registration application that includes proof of
317successful completion of the education requirements and payment
318of the applicable fees required by this chapter.
319     Section 4.  Section 477.014, Florida Statutes, is amended
320to read:
321     477.014  Qualifications for practice.--
322     (1)  On and after January 1, 2007, a 1979, no person who is
323not other than a duly licensed or registered under this chapter
324may not cosmetologist shall practice in any of the cosmetology
325areas provided in s. 477.013(4) or use the name or title of
326cosmetologist, hair technician, esthetician, or nail technician.
327     (2)  A person licensed or registered under this chapter on
328or after January 1, 2007, may not practice or hold himself or
329herself out as qualified to practice in an area in which he or
330she is not specifically licensed or registered under this
331chapter.
332     (3)  A cosmetologist licensed before January 1, 2007, may
333perform all the services of a licensed cosmetologist as defined
334in this chapter.
335     (4)  A facial specialist registered or enrolled in a
336cosmetology school before January 1, 2007, may take the
337examination for an esthetician license.
338     (5)  A manicure, pedicure, and nail extension specialist
339registered or enrolled in a cosmetology school before January 1,
3402007, may take the examination for a nail technician license.
341     (6)  A specialist registered under this chapter before
342January 1, 2007, may continue to practice under the name of his
343or her specialty registration without taking the respective
344licensure examination. Renewal of all registrations existing
345before January 1, 2007, shall be accomplished pursuant to rules
346adopted by the board. Such renewal shall include a full
347specialty registration, which combines facial and manicure,
348pedicure, and nail extension.
349     Section 5.  Section 477.019, Florida Statutes, is amended
350to read:
351     477.019  Cosmetologists; hair technicians; estheticians;
352nail technicians; qualifications; licensure; supervised
353practice; license renewal; endorsement; continuing education.--
354     (1)  A person desiring to be licensed in the field of
355cosmetology as a cosmetologist shall apply to the department for
356licensure.
357     (2)  An applicant is shall be eligible for licensure by
358examination to practice cosmetology, hair technician services,
359esthetician services, or nail technician services if the
360applicant:
361     (a)  Is at least 16 years of age or has received a high
362school diploma or graduate equivalency diploma or has passed an
363ability-to-benefit test, which is an independently administered
364test approved by the United States Secretary of Education as
365provided in 20 U.S.C. s. 1091(d).;
366     (b)  Pays the required application fee, which is not
367refundable, and the required examination fee, which is
368refundable if the applicant is determined to not be eligible for
369licensure for any reason other than failure to successfully
370complete the licensure examination.; and
371     (c)1.  Is authorized to practice cosmetology in another
372state or country, has been so authorized for at least 1 year,
373and does not qualify for licensure by endorsement as provided
374for in subsection (6); or
375     2.a.  Has received a minimum number of hours of training as
376follows:
377     (I)  For a hair technician, 1,000 hours.
378     (II)  For an esthetician, 600 hours.
379     (III)  For a nail technician, 350 hours.
380     (IV)  For a cosmetologist, 1,800 hours.
381     b.  The training Has received a minimum of 1,200 hours of
382training as established by the board, which shall include, but
383need shall not be limited to, the equivalent of completion of
384services directly related to the practice of cosmetology at one
385of the following:
386     (I)a.  A school of cosmetology licensed pursuant to chapter
3871005.
388     (II)b.  A cosmetology program within the public school
389system.
390     (III)c.  The Cosmetology Division of the Florida School for
391the Deaf and the Blind, provided the division meets the
392standards of this chapter.
393     (IV)d.  A government-operated cosmetology program in this
394state.
395     c.  A person who has enrolled and begun his or her
396education before January 1, 2007, may take the examination to be
397licensed as a cosmetologist upon completion of 1,200 hours of
398education.
399     d.  A person who begins his or her education on or after
400January 1, 2007, shall comply with the hour requirements in sub-
401subparagraph a. in order to qualify to take his or her
402respective examination.
403
404The board shall establish by rule procedures whereby the school
405or program may certify that a person is qualified to take the
406required examination after the completion of a minimum of 1,000
407actual school hours. If the person then passes the examination,
408he or she shall have satisfied this requirement; but if the
409person fails the examination, he or she shall not be qualified
410to take the examination again until the completion of the full
411requirements provided by this section.
412     (3)  Upon an applicant receiving a passing grade, as
413established by board rule, on the examination and paying the
414initial licensing fee, the department shall issue a license to
415practice in the applicant's respective area of cosmetology
416provided in s. 477.013(4).
417     (4)  After submitting a complete application to take the
418first available examination for licensure as a cosmetologist,
419hair technician, esthetician, or nail technician, a graduate of
420a licensed cosmetology school or a program within the public
421school system, which school or program is certified by the
422Department of Education, is eligible to practice in the
423graduate's respective area for a maximum period of 60 days,
424provided such graduate practices under the supervision of a
425professional licensed under this chapter in a licensed salon. A
426graduate who fails to pass an examination the first time may
427continue to practice under the supervision of a professional
428licensed under this chapter in a licensed salon for an
429additional 60-day period, provided the graduate applies for the
430next available examination. A graduate may not continue to
431practice under this subsection if the graduate fails the
432examination twice. Following the completion of the first
433licensing examination and pending the results of that
434examination and issuance of a license to practice cosmetology,
435graduates of licensed cosmetology schools or cosmetology
436programs offered in public school systems, which schools or
437programs are certified by the Department of Education, are
438eligible to practice cosmetology, provided such graduates
439practice under the supervision of a licensed cosmetologist in a
440licensed cosmetology salon. A graduate who fails the first
441examination may continue to practice under the supervision of a
442licensed cosmetologist in a licensed cosmetology salon if the
443graduate applies for the next available examination and until
444the graduate receives the results of that examination. No
445graduate may continue to practice under this subsection if the
446graduate fails the examination twice.
447     (5)  Renewal of license registration shall be accomplished
448pursuant to rules adopted by the board.
449     (6)  The board shall adopt rules specifying procedures for
450the licensure by endorsement of practitioners desiring to be
451licensed in this state who hold a current active license in
452another state or country and who have met qualifications
453substantially similar to, equivalent to, or greater than the
454qualifications required of applicants from this state. For
455purposes of this subsection, work experience may be substituted
456for required educational hours in the amount and manner provided
457by board rule.
458     (7)(a)  The board shall prescribe by rule continuing
459education requirements for licensees and registered specialists
460that intended to ensure the protection of the public through
461updated training of licensees and registered specialists, not to
462exceed 16 hours biennially, as a condition for renewal of a
463license or registration as a specialist under this chapter.
464Continuing education courses shall include, but not be limited
465to, the following subjects as they relate to the practice of
466cosmetology: HIV/AIDS human immunodeficiency virus and acquired
467immune deficiency syndrome; Occupational Safety and Health
468Administration regulations; workers' compensation issues; state
469and federal laws and rules as they pertain to cosmetologists,
470the practice of cosmetology, salons, specialists, specialty
471salons, and booth renters; chemical makeup as it pertains to
472hair, skin, and nails; and environmental issues. Courses given
473at educational cosmetology conferences may be counted toward the
474number of continuing education hours required if approved by the
475board.
476     (b)  Any person whose occupation or practice is confined
477solely to hair braiding or, hair wrapping, or body wrapping is
478exempt from the continuing education requirements of this
479subsection.
480     (c)  The board may, by rule, require any licensee in
481violation of a continuing education requirement to take a
482refresher course or refresher course and examination in addition
483to any other penalty. The number of hours for the refresher
484course may not exceed 48 hours.
485     Section 6.  Section 477.0212, Florida Statutes, is amended
486to read:
487     477.0212  Inactive status.--
488     (1)  A cosmetologist's license issued under this chapter
489that has become inactive may be reactivated under s. 477.019
490upon application to the department.
491     (2)  The board shall adopt promulgate rules relating to
492licenses that which have become inactive and for the renewal of
493inactive licenses. The board shall prescribe by rule a fee not
494to exceed $100 $50 for the reactivation of an inactive license
495and a fee not to exceed $50 for the renewal of an inactive
496license. The board shall prescribe by rule the continuing
497education requirements to be met prior to license renewal or
498reactivation.
499     Section 7.  Section 477.023, Florida Statutes, is amended
500to read:
501     477.023  Schools of cosmetology; licensure.--A No private
502school of cosmetology may not shall be permitted to operate
503without a license issued by the Commission for Independent
504Education pursuant to chapter 1005. However, this chapter does
505not nothing herein shall be construed to prevent certification
506by the Department of Education of grooming and salon services
507and cosmetology training programs within the public school
508system or to prevent government operation of any other program
509of cosmetology in this state.
510     Section 8.  Section 477.0231, Florida Statutes, is created
511to read:
512     477.0231  Cosmetology internships.--
513     (1)  The selection and placement of cosmetology interns
514shall be determined by the cosmetology school or program. The
515school or program shall determine whether a student is eligible
516to become a cosmetology intern and whether an internship sponsor
517meets the requirements for its educational objectives. The
518school program, on behalf of the student, shall provide written
519notice to the board that an internship sponsor has been selected
520and name the cosmetology intern to be supervised. The school or
521program shall determine the length and schedule of an individual
522cosmetology internship, but such internship may not exceed 24
523months.
524     (2)  Each internship sponsor shall obtain approval from a
525school or cosmetology program and shall register with the board
526before accepting placement of each cosmetology intern. The
527application for registration shall include the name and contact
528person of the school or program placing the intern, the names
529and addresses of the internship sponsor, and other information
530that the board requires.
531     (3)  The internship sponsor shall actively supervise the
532cosmetology intern in the practice of cosmetology pursuant to
533rules established by the board. A cosmetology intern may only
534practice within the field of cosmetology in which he or she is
535engaged in the course of study. The internship sponsor shall
536ensure that the cosmetology intern is complying with the laws
537and rules governing cosmetology and is complying with the
538educational objectives and guidelines established by the
539cosmetology school or program and the board.
540     (4)  All services provided by the cosmetology intern shall
541be expressly approved by the internship sponsor and contracted
542for by the internship sponsor. The internship sponsor shall
543ensure that the public is clearly informed that the cosmetology
544intern is not a licensed cosmetologist.
545     (5)  Pursuant to rules established by the board, the
546cosmetology salon in which a cosmetology intern is engaged in
547the practice of cosmetology shall post notice in a conspicuous
548manner within the salon indicating that a student intern is
549providing services on the premises.
550     (6)  While engaged in the practice of cosmetology, a
551cosmetology intern shall posses written documentation of his or
552her authorization to engage in the practice of cosmetology from
553the student's cosmetology school or program and shall furnish
554such documentation to the department before engaging in the
555practice of cosmetology and upon request by department
556personnel.
557     (7)  The board shall establish by rule the education
558prerequisites for cosmetology internships, including the minimum
559number of hours of classroom instruction and required course
560work. The board shall establish by rule the number of permitted
561cosmetology internships per internship sponsor, the minimum and
562maximum number of internship hours, and the recommended
563educational objectives and guidelines for an internship program
564in a cosmetology school or program.
565     (8)  The board may terminate the internship of any
566cosmetology intern and the sponsorship of any internship sponsor
567for a violation of the laws and rules governing cosmetology. The
568board shall provide notice of termination of an internship to
569the internship sponsor, the cosmetology school or program, and
570the cosmetology intern. In the case of a terminated cosmetology
571internship, the school or program shall determine the
572educational status of the cosmetology intern. A cosmetology
573intern whose internship sponsor has been terminated, has been
574otherwise disciplined by the board, or has voluntarily withdrawn
575from sponsorship remains eligible for new placement through the
576school or program.
577     Section 9.  Section 477.025, Florida Statutes, is amended
578to read:
579     477.025  Cosmetology salons; specialty Salons; requisites;
580licensure; inspection; mobile cosmetology salons.--
581     (1)  No cosmetology salon or specialty salon shall be
582permitted to operate without a license issued by the department
583except as provided in subsection (11).
584     (2)  The board shall adopt rules governing the licensure
585and operation of salons and specialty salons and their
586facilities, personnel, safety and sanitary requirements, and the
587license application and granting process.
588     (3)  Any person, firm, or corporation desiring to operate a
589cosmetology salon or specialty salon in the state shall submit
590to the department a salon an application form upon forms
591provided by the department, and accompanied by any relevant
592information requested by the department, and by an application
593fee.
594     (4)  Upon receiving the application, the department may
595cause an investigation to be made of the proposed cosmetology
596salon or specialty salon.
597     (5)  When an applicant fails to meet all the requirements
598provided herein, the department shall deny the application in
599writing and shall list the specific requirements not met. No
600applicant denied licensure because of failure to meet the
601requirements herein shall be precluded from reapplying for
602licensure.
603     (6)  When the department determines that the proposed
604cosmetology salon or specialty salon may reasonably be expected
605to meet the requirements set forth herein, the department shall
606grant the license upon such conditions as it shall deem proper
607under the circumstances and upon payment of the original
608licensing fee.
609     (7)  No license for operation of a cosmetology salon or
610specialty salon may be transferred from the name of the original
611licensee to another. It may be transferred from one location to
612another only upon approval by the department, which approval
613shall not be unreasonably withheld.
614     (8)  Renewal of license registration for cosmetology salons
615or specialty salons shall be accomplished pursuant to rules
616adopted by the board. The board is further authorized to adopt
617rules governing delinquent renewal of licenses and may impose
618penalty fees for delinquent renewal.
619     (9)  The board is authorized to adopt rules governing the
620periodic inspection of cosmetology salons and specialty salons
621licensed under this chapter.
622     (10)(a)  The board shall adopt rules governing the
623licensure, operation, and inspection of mobile cosmetology
624salons, including their facilities, personnel, and safety and
625sanitary requirements.
626     (b)  Each mobile salon must comply with all licensure and
627operating requirements specified in this chapter or chapter 455
628or rules of the board or department that apply to cosmetology
629salons at fixed locations, except to the extent that such
630requirements conflict with this subsection or rules adopted
631pursuant to this subsection.
632     (c)  A mobile cosmetology salon must maintain a permanent
633business address, located in the inspection area of the local
634department office, at which records of appointments,
635itineraries, license numbers of employees, and vehicle
636identification numbers of the licenseholder's mobile salon shall
637be kept and made available for verification purposes by
638department personnel, and at which correspondence from the
639department can be received.
640     (d)  To facilitate periodic inspections of mobile
641cosmetology salons, prior to the beginning of each month each
642mobile salon licenseholder must file with the board a written
643monthly itinerary listing the locations where and the dates and
644hours when the mobile salon will be operating.
645     (e)  The board shall establish fees for mobile cosmetology
646salons, not to exceed the fees for cosmetology salons at fixed
647locations.
648     (f)  The operation of mobile cosmetology salons must be in
649compliance with all local laws and ordinances regulating
650business establishments, with all applicable requirements of the
651Americans with Disabilities Act relating to accommodations for
652persons with disabilities, and with all applicable OSHA
653requirements.
654     (11)  Facilities licensed under part II or part III of
655chapter 400 shall be exempt from the provisions of this section
656and a cosmetologist licensed pursuant to s. 477.019 may provide
657salon services exclusively for facility residents.
658     Section 10.  Section 477.026, Florida Statutes, is amended
659to read:
660     477.026  Fees; disposition.--
661     (1)  The board shall set fees according to the following
662schedule:
663     (a)  For hair technicians, estheticians, nail technicians,
664or cosmetologists, fees for original licensing, license renewal,
665and delinquent renewal may shall not exceed $50 $25.
666     (b)  For hair technicians, estheticians, nail technicians,
667or cosmetologists, fees for endorsement application,
668examination, and reexamination may shall not exceed $150 $50.
669     (c)  For cosmetology and specialty salons, fees for license
670application, original licensing, license renewal, and delinquent
671renewal may shall not exceed $100 $50.
672     (d)  For specialists, fees for application and endorsement
673registration shall not exceed $30.
674     (d)(e)  For specialists, fees for initial registration,
675registration renewal, and delinquent renewal may shall not
676exceed $100 $50.
677     (e)(f)  For hair braiders and, hair wrappers, and body
678wrappers, fees for registration may shall not exceed $40 $25.
679     (f)  For internship sponsors, fees for registration may not
680exceed $30.
681     (2)  All moneys collected by the department from fees
682authorized by this chapter shall be paid into the Professional
683Regulation Trust Fund, which fund is created in the department,
684and shall be applied in accordance with ss. 215.37 and 455.219.
685The Legislature may appropriate any excess moneys from this fund
686to the General Revenue Fund.
687     (3)  The department, with the advice of the board, shall
688prepare and submit a proposed budget in accordance with law.
689     Section 11.  Section 477.0263, Florida Statutes, is amended
690to read:
691     477.0263  Cosmetology services to be performed in licensed
692salon; exceptions exception.--
693     (1)  Cosmetology or specialty services shall be performed
694only by licensed cosmetologists, hair technicians, estheticians,
695nail technicians, or registered specialists in licensed salons,
696except as otherwise provided in this section.
697     (2)  Pursuant to rules established by the board,
698cosmetology or specialty services may be performed by a licensed
699cosmetologist, hair technician, esthetician, nail technician, or
700registered specialist in a location other than a licensed salon,
701including, but not limited to, a nursing home, hospital, or
702residence, when a client for reasons of ill health is unable to
703go to a licensed salon. Arrangements for the performance of such
704cosmetology or specialty services in a location other than a
705licensed salon shall be made only through a licensed salon.
706     (3)  Any person who holds a valid cosmetology license in
707any state or who is authorized to practice cosmetology in any
708country, territory, or jurisdiction of the United States may
709perform cosmetology services in a location other than a licensed
710salon when such services are performed in connection with the
711motion picture, fashion photography, theatrical, or television
712industry; a photography studio salon; a manufacturer trade show
713demonstration; a department store demonstration; or an
714educational seminar.
715     (4)  Pursuant to rules established by the board,
716cosmetology, hair technician, esthetician, nail technician, or
717specialty services may be performed in a location other than a
718licensed salon when such services are performed in connection
719with a special event and are performed by a person who is
720employed by a licensed salon and who holds the proper license or
721specialty registration. Scheduling an appointment for the
722performance of such services in a location other than a licensed
723salon shall be made through a licensed salon.
724     Section 12.  Section 477.0265, Florida Statutes, is amended
725to read:
726     477.0265  Prohibited acts.--
727     (1)  It is unlawful for any person to:
728     (a)  Engage in the practice of cosmetology or a specialty
729without an active license in the field of cosmetology as a
730cosmetologist or registration as a specialist issued by the
731department pursuant to the provisions of this chapter unless
732authorized as a cosmetology intern pursuant to this chapter and
733supervised by a licensed cosmetologist.
734     (b)  Own, operate, maintain, open, establish, conduct, or
735have charge of, either alone or with another person or persons,
736a cosmetology salon or specialty salon:
737     1.  Which is not licensed under the provisions of this
738chapter; or
739     2.  In which a person not licensed in the field of
740cosmetology, authorized as a cosmetology intern, or registered
741as a cosmetologist or a specialist is permitted to perform
742cosmetology services or any specialty.
743     (c)  Engage in willful or repeated violations of this
744chapter or of any rule adopted by the board.
745     (d)  Permit an employed person to engage in the practice of
746cosmetology or of a specialty unless such person holds a valid,
747active license in the field of cosmetology as a cosmetologist or
748a registration as a specialist or is authorized as a cosmetology
749intern pursuant to this chapter and supervised by a licensed
750cosmetologist.
751     (e)  Obtain or attempt to obtain a license or registration
752for money, other than the required fee, or any other thing of
753value or by fraudulent misrepresentations.
754     (f)  Use or attempt to use a license to practice in the
755field of cosmetology or a registration to practice a specialty,
756which license or registration is suspended or revoked.
757     (g)  Advertise or imply that skin care services or body
758wrapping, as performed under this chapter, has have any
759relationship to the practice of massage therapy as defined in s.
760480.033(3), except those practices or activities defined in s.
761477.013.
762     (h)  In the practice of cosmetology, use or possess a
763cosmetic product containing a liquid nail monomer containing any
764trace of methyl methacrylate (MMA).
765     (2)  Any person who violates any provision of this section
766commits a misdemeanor of the second degree, punishable as
767provided in s. 775.082 or s. 775.083.
768     Section 13.  Section 477.028, Florida Statutes, is amended
769to read:
770     477.028  Disciplinary proceedings.--
771     (1)  The board may shall have the power to revoke or
772suspend the license of a cosmetologist, hair technician,
773esthetician, or nail technician licensed under this chapter, or
774the registration of a specialist registered under this chapter,
775and may to reprimand, censure, deny subsequent licensure or
776registration of, or otherwise discipline a cosmetologist, hair
777technician, esthetician, nail technician, or a specialist
778licensed or registered under this chapter in any of the
779following cases:
780     (a)  Upon proof that a license or registration has been
781obtained by fraud or misrepresentation.
782     (b)  Upon proof that the holder of a license or
783registration is guilty of fraud or deceit or of gross
784negligence, incompetency, or misconduct in the practice or
785instruction of cosmetology or a specialty.
786     (c)  Upon proof that the holder of a license or
787registration is guilty of aiding, assisting, procuring, or
788advising any unlicensed person to practice in the field of
789cosmetology as a cosmetologist.
790     (2)  The board may shall have the power to revoke or
791suspend the license of a cosmetology salon or a specialty salon
792licensed under this chapter;, to deny subsequent licensure of
793such salon;, or to reprimand, censure, or otherwise discipline
794the owner of such salon in either of the following cases:
795     (a)  Upon proof that a license has been obtained by fraud
796or misrepresentation.
797     (b)  Upon proof that the holder of a license is guilty of
798fraud or deceit or of gross negligence, incompetency, or
799misconduct in the operation of the salon so licensed.
800     (3)  Disciplinary proceedings shall be conducted pursuant
801to the provisions of chapter 120.
802     (4)  The department may shall not issue or renew a license
803or certificate of registration under this chapter to any person
804against whom or salon against which the board has assessed a
805fine, interest, or costs associated with investigation and
806prosecution until the person or salon has paid in full such
807fine, interest, or costs associated with investigation and
808prosecution or until the person or salon complies with or
809satisfies all terms and conditions of the final order.
810     Section 14.  Section 477.029, Florida Statutes, is amended
811to read:
812     477.029  Penalty.--
813     (1)  It is unlawful for any person to:
814     (a)  Hold himself or herself out as a cosmetologist, hair
815technician, esthetician, nail technician, specialist, hair
816wrapper, hair braider, or body wrapper unless duly licensed or
817registered, or otherwise authorized, as provided in this
818chapter.
819     (b)  Operate any cosmetology salon unless it has been duly
820licensed as provided in this chapter.
821     (c)  Permit an employed person to practice cosmetology or a
822specialty unless duly licensed or registered, or otherwise
823authorized, as provided in this chapter.
824     (d)  Present as his or her own the license of another.
825     (e)  Give false or forged evidence to the department in
826obtaining any license provided for in this chapter.
827     (f)  Impersonate any other licenseholder of like or
828different name.
829     (g)  Use or attempt to use a license that has been revoked.
830     (h)  Violate any provision of s. 455.227(1), s. 477.0265,
831or s. 477.028.
832     (i)  Violate or refuse to comply with any provision of this
833chapter or chapter 455 or a rule or final order of the board or
834the department.
835     (2)  Any person who violates the provisions of this section
836is shall be subject to one or more of the following penalties,
837as determined by the board:
838     (a)  Revocation or suspension of any license or
839registration issued pursuant to this chapter.
840     (b)  Issuance of a reprimand or censure.
841     (c)  Imposition of an administrative fine not to exceed
842$500 for each count or separate offense.
843     (d)  Placement on probation for a period of time and
844subject to such reasonable conditions as the board may specify.
845     (e)  Refusal to certify to the department an applicant for
846licensure.
847     Section 15.  Section 477.0201, Florida Statutes, is
848repealed.
849     Section 16.  Paragraph (b) of subsection (1) of section
8501001.43, Florida Statutes, is amended, and paragraph (g) is
851added to subsection (2) of that section, to read:
852     1001.43  Supplemental powers and duties of district school
853board.--The district school board may exercise the following
854supplemental powers and duties as authorized by this code or
855State Board of Education rule.
856     (1)  STUDENT MANAGEMENT.--The district school board may
857adopt programs and policies to ensure the safety and welfare of
858individuals, the student body, and school personnel, which
859programs and policies may:
860     (b)  Require uniforms to be worn by the student body, or
861impose other dress-related requirements, if the district school
862board finds that those requirements are necessary for the safety
863or welfare of the student body or school personnel. However,
864students may wear sunglasses, hats, or other sun-protective wear
865while outdoors during school hours, such as when students are at
866recess.
867     (2)  FISCAL MANAGEMENT.--The district school board may
868adopt policies providing for fiscal management of the school
869district with respect to school purchasing, facilities, nonstate
870revenue sources, budgeting, fundraising, and other activities
871relating to the fiscal management of district resources,
872including, but not limited to, the policies governing:
873     (g)  Use of federal funds to purchase food when federal
874program guidelines permit such use.
875     Section 17.  Subsections (5) and (6) are added to section
8761003.02, Florida Statutes, to read:
877     1003.02  District school board operation and control of
878public K-12 education within the school district.--As provided
879in part II of chapter 1001, district school boards are
880constitutionally and statutorily charged with the operation and
881control of public K-12 education within their school district.
882The district school boards must establish, organize, and operate
883their public K-12 schools and educational programs, employees,
884and facilities. Their responsibilities include staff
885development, public K-12 school student education including
886education for exceptional students and students in juvenile
887justice programs, special programs, adult education programs,
888and career education programs. Additionally, district school
889boards must:
890     (5)(a)  If selecting a vendor to market class rings to
891students, request proposals from at least two vendors annually.
892Results of proposals, including vendor contact information,
893shall be open to the public and posted on the district school
894board's website.
895     (b)  Students may purchase a class ring from any vendor.
896     (c)  Vendors may not discriminate against a student who
897purchases a class ring from another vendor or exclude the
898student from participation in any ceremony or activity relating
899to the receipt of a class ring.
900     (6)(a)  If entering into a contract with a photographer for
901the purpose of taking student photographs, request proposals
902from at least two photographers annually. Results of proposals,
903including vendor contact information, shall be open to the
904public and posted on the district school board's website.
905     (b)  District school boards may not require students to
906purchase senior photographs from a contract vendor and must
907allow students to purchase photographs from a photographer of
908their choice. A student's senior photograph must be allowed to
909appear in the yearbook when taken by a photographer not under
910contract with the district school board if the photograph meets
911the reasonable specifications of the principal and yearbook
912staff for senior photographs.
913     Section 18.  Subsection (1) of section 1006.22, Florida
914Statutes, is amended to read:
915     1006.22  Safety and health of students being
916transported.--Maximum regard for safety and adequate protection
917of health are primary requirements that must be observed by
918district school boards in routing buses, appointing drivers, and
919providing and operating equipment, in accordance with all
920requirements of law and rules of the State Board of Education in
921providing transportation pursuant to s. 1006.21:
922     (1)(a)  District school boards shall use school buses, as
923defined in s. 1006.25, for all regular transportation. Regular
924transportation or regular use means transportation of students
925to and from school or school-related activities that are part of
926a scheduled series or sequence of events to the same location.
927"Students" means, for the purposes of this section, students
928enrolled in the public schools in prekindergarten disability
929programs and in kindergarten through grade 12. District school
930boards may regularly use motor vehicles other than school buses
931only under the following conditions:
932     1.(a)  When the transportation is for physically
933handicapped or isolated students and the district school board
934has elected to provide for the transportation of the student
935through written or oral contracts or agreements.
936     2.(b)  When the transportation is a part of a comprehensive
937contract for a specialized educational program between a
938district school board and a service provider who provides
939instruction, transportation, and other services.
940     3.(c)  When the transportation is provided through a public
941transit system.
942     4.(d)  When the transportation is for trips to and from
943school sites or agricultural education sites or for trips to and
944from agricultural education-related events or competitions, but
945is not for customary transportation between a student's
946residence and such sites. When the transportation of students is
947necessary or practical in a motor vehicle owned or operated by a
948district school board other than a school bus, such
949transportation must be provided in designated seating positions
950in a passenger car not to exceed 8 students or in a multipurpose
951passenger vehicle designed to transport 10 or fewer persons
952which meets all applicable federal motor vehicle safety
953standards. Multipurpose passenger vehicles classified as utility
954vehicles with a wheelbase of 110 inches or less which are
955required by federal motor vehicle standards to display a
956rollover warning label may not be used.
957
958When students are transported in motor vehicles, the occupant
959crash protection system provided by the vehicle manufacturer
960must be used unless the student's physical condition prohibits
961such use.
962     (b)  When the transportation of students is provided, as
963authorized in this subsection, in a vehicle other than a school
964bus that is owned, operated, rented, contracted, or leased by a
965school district or charter school, the following provisions
966shall apply:
967     1.  The vehicle must be a passenger car or multipurpose
968passenger vehicle or truck, as defined in Title 49 C.F.R. part
969571, designed to transport fewer than 10 students. Students must
970be transported in designated seating positions and must use the
971occupant crash protection system provided by the manufacturer
972unless the student's physical condition prohibits such use.
973     2.  An authorized vehicle may not be driven by a student on
974a public right-of-way. An authorized vehicle may be driven by a
975student on school or private property as part of the student's
976educational curriculum if no other student is in the vehicle.
977     3.  The driver of an authorized vehicle transporting
978students must maintain a valid driver's license and must comply
979with the requirements of the school district's locally adopted
980safe driver plan, which includes review of driving records for
981disqualifying violations.
982     4.  The district school board or charter school must adopt
983a policy that addresses procedures and liability for trips under
984this paragraph, including a provision that school buses are to
985be used whenever practical and specifying consequences for
986violation of the policy.
987     Section 19.  Section 1013.501, Florida Statutes, is amended
988to read:
989     1013.501  A Business-Community School (ABC'S) Florida
990Business and Education in School Together (Florida BEST)
991Program.--
992     (1)  In order to increase business partnerships in
993education, to reduce school and classroom overcrowding
994throughout the state, and to offset the high costs of
995educational facilities construction, the Legislature intends to
996encourage the formation of partnerships between business and
997education by creating A Business-Community School (ABC'S) the
998Florida Business and Education in School Together (Florida BEST)
999Program.
1000     (2)  Each school board shall, through advertisements in
1001local media and other means, request proposals from area
1002businesses to allow the operation of a business and education
1003partnership school in facilities owned or operated by the
1004business.
1005     (3)  Each school district shall establish an ABC'S a
1006Florida BEST school evaluation committee.
1007     (a)  The committee shall be appointed by the school board
1008and be composed of one school district administrator, at least
1009one member of the business community, and at least one member of
1010a local chamber of commerce.
1011     (b)  The committee shall evaluate the feasibility of each
1012proposal, including the operating cost, number of students to be
1013served, proposed student-to-teacher ratio, proposed number of
1014years the satellite school would operate, and any other
1015operational or facilities considerations the school board or
1016committee deems appropriate.
1017     (c)  The committee shall recommend to the school board
1018those proposals for satellite schools which the committee deems
1019viable and worthy of being established. The school board must
1020take official action on the recommendation of the committee
1021within 60 days after receipt of the recommendation.
1022     (4)  "A Business-Community School (ABC'S) "Florida Business
1023and Education in School Together (Florida BEST) school" is
1024defined as a public school offering instruction to students from
1025kindergarten through third grade. The school may offer
1026instruction in any single grade level or for multiple grade
1027levels. ABC'S Florida BEST schools shall comply with the
1028constitutional class size requirements.
1029     (a)  First priority for admission of students to the ABC'S
1030Florida BEST school shall be given to the children of owners and
1031employees of the host business. If additional student capacity
1032remains after those children are admitted, the host business may
1033choose which other neighboring businesses may also participate
1034to generate a viable number of students for the school. The
1035school board shall make the necessary arrangements to
1036accommodate students from other school districts whose parents
1037are associated with the host business or business partners.
1038     (b)  Parents shall be responsible for providing
1039transportation to and from school for the students.
1040     (5)  A multiyear contract for operation of the ABC'S
1041Florida BEST school may be entered into between the school
1042district and the host business. The contract must at least
1043include provisions relating to any cost of facilities
1044modifications, provide for the assignment or waiver of
1045appropriate insurance costs, specify the number of students
1046expected to be served, provide grounds for canceling the lease,
1047and specify the advance notice required before the school may be
1048closed.
1049     (a)  The school board shall be responsible for providing
1050the appropriate instructional, support, and administrative staff
1051and textbooks, materials, and supplies. The school district may
1052also agree to operate or contract for the operation of a before-
1053school and after-school program using the donated facilities.
1054     (b)  The host business shall provide the appropriate types
1055of space for operating the school. If special facilities, such
1056as restrooms or dining, recreational, or other areas are
1057required, the district may contribute a part of the cost of the
1058construction, remodeling, or renovation for such facilities from
1059capital outlay funds of the district. A multiyear lease for
1060operation of the facility must be agreed to if the school
1061district contributes to the cost of such construction.
1062     Section 20.  Section 1013.502, Florida Statutes, is amended
1063to read:
1064     1013.502  ABC'S Florida BEST school facilities;
1065standards.--Notwithstanding any local government ordinance or
1066regulation, any business or corporation may expand the square
1067footage or floor area of its current or proposed facility to
1068accommodate an ABC'S a Florida Business and Education in School
1069Together (Florida BEST) school. Facilities constructed to house
1070an ABC'S a Florida BEST school must comply with the State
1071Uniform Building Code for Public Educational Facilities
1072Construction adopted pursuant to s. 1013.37 and must meet state
1073and local health, environmental, and safety laws and codes.
1074     Section 21.  This act shall take effect July 1, 2006.


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