| 1 | Representative(s) Carroll offered the following: |
| 2 |
|
| 3 | Amendment (with title amendment) |
| 4 | Remove line(s) 178-636 and insert: |
| 5 | (11) "Cosmetology intern" means a student enrolled in a |
| 6 | cosmetology school or program to earn school or program hours by |
| 7 | interning under the direct supervision of a licensed |
| 8 | cosmetologist in a licensed salon. |
| 9 | (12) "Internship sponsor" means a licensed cosmetologist |
| 10 | registered with the board for the purpose of supervising a |
| 11 | cosmetology intern and ensuring compliance by the intern with |
| 12 | the laws and rules of this state and the internship requirements |
| 13 | established by the board and administered through the school or |
| 14 | program. |
| 15 | (12) "Body wrapping" means a treatment program that uses |
| 16 | herbal wraps for the purposes of cleansing and beautifying the |
| 17 | skin of the body, but does not include: |
| 18 | (a) The application of oils, lotions, or other fluids to |
| 19 | the body, except fluids contained in presoaked materials used in |
| 20 | the wraps; or |
| 21 | (b) Manipulation of the body's superficial tissue, other |
| 22 | than that arising from compression emanating from the wrap |
| 23 | materials. |
| 24 | (13) "Skin care services" means the treatment of the skin |
| 25 | of the body, other than the head, face, and scalp, by the use of |
| 26 | a sponge, brush, cloth, or similar device to apply or remove a |
| 27 | chemical preparation or other substance, except that chemical |
| 28 | peels may be removed by peeling an applied preparation from the |
| 29 | skin by hand. Skin care services must be performed by a licensed |
| 30 | cosmetologist or facial specialist within a licensed cosmetology |
| 31 | or specialty salon, and such services may not involve massage, |
| 32 | as defined in s. 480.033(3), through manipulation of the |
| 33 | superficial tissue. |
| 34 | Section 2. Section 477.0131, Florida Statutes, is created |
| 35 | to read: |
| 36 | 477.0131 Hair technician, esthetician, nail technician, |
| 37 | and cosmetology licenses.-- |
| 38 | (1) A person who is otherwise qualified by this chapter |
| 39 | and who is authorized to practice all of the services listed in |
| 40 | s. 477.013(4)(a) shall be licensed as a hair technician. |
| 41 | (2) A person who is otherwise qualified by this chapter |
| 42 | and who is authorized to practice all of the services listed in |
| 43 | s. 477.013(4)(b) shall be licensed as an esthetician. |
| 44 | (3) A person who is otherwise qualified by this chapter |
| 45 | and who is authorized to practice all of the services listed in |
| 46 | s. 477.013(4)(c) shall be licensed as a nail technician. |
| 47 | (4) A person who is otherwise qualified by this chapter |
| 48 | and who is authorized to practice all of the services listed in |
| 49 | s. 477.013(4) shall be licensed as a cosmetologist. |
| 50 | Section 3. Section 477.0132, Florida Statutes, is amended |
| 51 | to read: |
| 52 | 477.0132 Hair braiding, hair wrapping, and body wrapping |
| 53 | registration.-- |
| 54 | (1) A person whose occupation or practice is confined |
| 55 | solely to hair braiding shall register with the department, |
| 56 | shall pay the applicable registration fees, and shall take and |
| 57 | pass a course consisting of a minimum of 40 hours, except as |
| 58 | otherwise provided in this subsection. The course shall be |
| 59 | approved by the board and shall consist of 4 hours of |
| 60 | instruction in HIV/AIDS and other communicable diseases, 5 hours |
| 61 | of instruction in sanitation and sterilization, 5 hours of |
| 62 | instruction in disorders and diseases of the scalp, 2 hours of |
| 63 | instruction regarding laws affecting hair braiding, and 24 hours |
| 64 | of instruction in the application and removal of hair braiding. |
| 65 | A person who demonstrates skill in the application and removal |
| 66 | of hair braiding through a board-approved examination may be |
| 67 | exempt from the 24 hours of instruction in the application and |
| 68 | removal of hair braiding. |
| 69 | (a) Persons whose occupation or practice is confined |
| 70 | solely to hair braiding must register with the department, pay |
| 71 | the applicable registration fee, and take a two-day 16-hour |
| 72 | course. The course shall be board approved and consist of 5 |
| 73 | hours of HIV/AIDS and other communicable diseases, 5 hours of |
| 74 | sanitation and sterilization, 4 hours of disorders and diseases |
| 75 | of the scalp, and 2 hours of studies regarding laws affecting |
| 76 | hair braiding. |
| 77 | (2)(b) A person Persons whose occupation or practice is |
| 78 | confined solely to hair wrapping shall must register with the |
| 79 | department, pay the applicable registration fee, and take a one- |
| 80 | day 6-hour course. The course shall be board approved and |
| 81 | consist of instruction education in HIV/AIDS and other |
| 82 | communicable diseases, sanitation and sterilization, disorders |
| 83 | and diseases of the scalp, and instruction studies regarding |
| 84 | laws affecting hair wrapping. |
| 85 | (3) A person holding a registration in body wrapping |
| 86 | before January 1, 2007, may continue to practice body wrapping |
| 87 | as described in s. 477.013(4)(b)6. The board shall adopt by rule |
| 88 | continuing education requirements for the renewal of body |
| 89 | wrapping registrations. |
| 90 | (c) Unless otherwise licensed or exempted from licensure |
| 91 | under this chapter, any person whose occupation or practice is |
| 92 | body wrapping must register with the department, pay the |
| 93 | applicable registration fee, and take a two-day 12-hour course. |
| 94 | The course shall be board approved and consist of education in |
| 95 | HIV/AIDS and other communicable diseases, sanitation and |
| 96 | sterilization, disorders and diseases of the skin, and studies |
| 97 | regarding laws affecting body wrapping. |
| 98 | (4)(d) Only the board may review, evaluate, and approve a |
| 99 | course and text required of an applicant for registration under |
| 100 | this section subsection in the occupation or practice of hair |
| 101 | braiding or, hair wrapping, or body wrapping. A provider of such |
| 102 | a course is not required to hold a license under chapter 1005. |
| 103 | (5)(2) Hair braiding and, hair wrapping, and body wrapping |
| 104 | are not required to be practiced in a cosmetology salon or |
| 105 | specialty salon. When hair braiding or, hair wrapping, or body |
| 106 | wrapping is practiced outside a cosmetology salon or specialty |
| 107 | salon, disposable implements shall must be used or all |
| 108 | implements shall must be sanitized in a disinfectant approved |
| 109 | for hospital use or approved by the federal Environmental |
| 110 | Protection Agency. |
| 111 | (3) Pending issuance of registration, a person is eligible |
| 112 | to practice hair braiding, hair wrapping, or body wrapping upon |
| 113 | submission of a registration application that includes proof of |
| 114 | successful completion of the education requirements and payment |
| 115 | of the applicable fees required by this chapter. |
| 116 | Section 4. Section 477.014, Florida Statutes, is amended |
| 117 | to read: |
| 118 | 477.014 Qualifications for practice.-- |
| 119 | (1) On and after January 1, 2007, a 1979, no person who is |
| 120 | not other than a duly licensed or registered under this chapter |
| 121 | may not cosmetologist shall practice in any of the cosmetology |
| 122 | areas provided in s. 477.013(4) or use the name or title of |
| 123 | cosmetologist, hair technician, esthetician, or nail technician. |
| 124 | (2) A person licensed or registered under this chapter on |
| 125 | or after January 1, 2007, may not practice or hold himself or |
| 126 | herself out as qualified to practice in an area in which he or |
| 127 | she is not specifically licensed or registered under this |
| 128 | chapter. |
| 129 | (3) A cosmetologist licensed before January 1, 2007, may |
| 130 | perform all the services of a licensed cosmetologist as defined |
| 131 | in this chapter. |
| 132 | (4) A facial specialist registered or enrolled in a |
| 133 | cosmetology school before January 1, 2007, may take the |
| 134 | examination for an esthetician license. |
| 135 | (5) A manicure, pedicure, and nail extension specialist |
| 136 | registered or enrolled in a cosmetology school before January 1, |
| 137 | 2007, may take the examination for a nail technician license. |
| 138 | (6) A specialist registered under this chapter before |
| 139 | January 1, 2007, may continue to practice under the name of his |
| 140 | or her specialty registration without taking the respective |
| 141 | licensure examination. Renewal of all registrations existing |
| 142 | before January 1, 2007, shall be accomplished pursuant to rules |
| 143 | adopted by the board. Such renewal shall include a full |
| 144 | specialty registration, which combines facial and manicure, |
| 145 | pedicure, and nail extension. |
| 146 | Section 5. Section 477.019, Florida Statutes, is amended |
| 147 | to read: |
| 148 | 477.019 Cosmetologists; hair technicians; estheticians; |
| 149 | nail technicians; qualifications; licensure; supervised |
| 150 | practice; license renewal; endorsement; continuing education.-- |
| 151 | (1) A person desiring to be licensed in the field of |
| 152 | cosmetology as a cosmetologist shall apply to the department for |
| 153 | licensure. |
| 154 | (2) An applicant is shall be eligible for licensure by |
| 155 | examination to practice cosmetology, hair technician services, |
| 156 | esthetician services, or nail technician services if the |
| 157 | applicant: |
| 158 | (a) Is at least 16 years of age or has received a high |
| 159 | school diploma or graduate equivalency diploma or has passed an |
| 160 | ability-to-benefit test, which is an independently administered |
| 161 | test approved by the United States Secretary of Education as |
| 162 | provided in 20 U.S.C. s. 1091(d).; |
| 163 | (b) Pays the required application fee, which is not |
| 164 | refundable, and the required examination fee, which is |
| 165 | refundable if the applicant is determined to not be eligible for |
| 166 | licensure for any reason other than failure to successfully |
| 167 | complete the licensure examination.; and |
| 168 | (c)1. Is authorized to practice cosmetology in another |
| 169 | state or country, has been so authorized for at least 1 year, |
| 170 | and does not qualify for licensure by endorsement as provided |
| 171 | for in subsection (6); or |
| 172 | 2.a. Has received a minimum number of hours of training as |
| 173 | follows: |
| 174 | (I) For a hair technician, 1,000 hours. |
| 175 | (II) For an esthetician, 600 hours. |
| 176 | (III) For a nail technician, 350 hours. |
| 177 | (IV) For a cosmetologist, 1,800 hours. |
| 178 | b. The training Has received a minimum of 1,200 hours of |
| 179 | training as established by the board, which shall include, but |
| 180 | need shall not be limited to, the equivalent of completion of |
| 181 | services directly related to the practice of cosmetology at one |
| 182 | of the following: |
| 183 | (I)a. A school of cosmetology licensed pursuant to chapter |
| 184 | 1005. |
| 185 | (II)b. A cosmetology program within the public school |
| 186 | system. |
| 187 | (III)c. The Cosmetology Division of the Florida School for |
| 188 | the Deaf and the Blind, provided the division meets the |
| 189 | standards of this chapter. |
| 190 | (IV)d. A government-operated cosmetology program in this |
| 191 | state. |
| 192 | c. A person who has enrolled and begun his or her |
| 193 | education before January 1, 2007, may take the examination to be |
| 194 | licensed as a cosmetologist upon completion of 1,200 hours of |
| 195 | education. |
| 196 | d. A person who begins his or her education on or after |
| 197 | January 1, 2007, shall comply with the hour requirements in sub- |
| 198 | subparagraph a. in order to qualify to take his or her |
| 199 | respective examination. |
| 200 |
|
| 201 | The board shall establish by rule procedures whereby the school |
| 202 | or program may certify that a person is qualified to take the |
| 203 | required examination after the completion of a minimum of 1,000 |
| 204 | actual school hours. If the person then passes the examination, |
| 205 | he or she shall have satisfied this requirement; but if the |
| 206 | person fails the examination, he or she shall not be qualified |
| 207 | to take the examination again until the completion of the full |
| 208 | requirements provided by this section. |
| 209 | (3) Upon an applicant receiving a passing grade, as |
| 210 | established by board rule, on the examination and paying the |
| 211 | initial licensing fee, the department shall issue a license to |
| 212 | practice in the applicant's respective area of cosmetology |
| 213 | provided in s. 477.013(4). |
| 214 | (4) After submitting a complete application to take the |
| 215 | first available examination for licensure as a cosmetologist, |
| 216 | hair technician, esthetician, or nail technician, a graduate of |
| 217 | a licensed cosmetology school or a program within the public |
| 218 | school system, which school or program is certified by the |
| 219 | Department of Education, is eligible to practice in the |
| 220 | graduate's respective area for a maximum period of 60 days, |
| 221 | provided such graduate practices under the supervision of a |
| 222 | professional licensed under this chapter in a licensed salon. A |
| 223 | graduate who fails to pass an examination the first time may |
| 224 | continue to practice under the supervision of a professional |
| 225 | licensed under this chapter in a licensed salon for an |
| 226 | additional 60-day period, provided the graduate applies for the |
| 227 | next available examination. A graduate may not continue to |
| 228 | practice under this subsection if the graduate fails the |
| 229 | examination twice. Following the completion of the first |
| 230 | licensing examination and pending the results of that |
| 231 | examination and issuance of a license to practice cosmetology, |
| 232 | graduates of licensed cosmetology schools or cosmetology |
| 233 | programs offered in public school systems, which schools or |
| 234 | programs are certified by the Department of Education, are |
| 235 | eligible to practice cosmetology, provided such graduates |
| 236 | practice under the supervision of a licensed cosmetologist in a |
| 237 | licensed cosmetology salon. A graduate who fails the first |
| 238 | examination may continue to practice under the supervision of a |
| 239 | licensed cosmetologist in a licensed cosmetology salon if the |
| 240 | graduate applies for the next available examination and until |
| 241 | the graduate receives the results of that examination. No |
| 242 | graduate may continue to practice under this subsection if the |
| 243 | graduate fails the examination twice. |
| 244 | (5) Renewal of license registration shall be accomplished |
| 245 | pursuant to rules adopted by the board. |
| 246 | (6) The board shall adopt rules specifying procedures for |
| 247 | the licensure by endorsement of practitioners desiring to be |
| 248 | licensed in this state who hold a current active license in |
| 249 | another state or country and who have met qualifications |
| 250 | substantially similar to, equivalent to, or greater than the |
| 251 | qualifications required of applicants from this state. For |
| 252 | purposes of this subsection, work experience may be substituted |
| 253 | for required educational hours in the amount and manner provided |
| 254 | by board rule. |
| 255 | (7)(a) The board shall prescribe by rule continuing |
| 256 | education requirements for licensees and registered specialists |
| 257 | that intended to ensure the protection of the public through |
| 258 | updated training of licensees and registered specialists, not to |
| 259 | exceed 16 hours biennially, as a condition for renewal of a |
| 260 | license or registration as a specialist under this chapter. |
| 261 | Continuing education courses shall include, but not be limited |
| 262 | to, the following subjects as they relate to the practice of |
| 263 | cosmetology: HIV/AIDS human immunodeficiency virus and acquired |
| 264 | immune deficiency syndrome; Occupational Safety and Health |
| 265 | Administration regulations; workers' compensation issues; state |
| 266 | and federal laws and rules as they pertain to cosmetologists, |
| 267 | the practice of cosmetology, salons, specialists, specialty |
| 268 | salons, and booth renters; chemical makeup as it pertains to |
| 269 | hair, skin, and nails; and environmental issues. Courses given |
| 270 | at educational cosmetology conferences may be counted toward the |
| 271 | number of continuing education hours required if approved by the |
| 272 | board. |
| 273 | (b) Any person whose occupation or practice is confined |
| 274 | solely to hair braiding or, hair wrapping, or body wrapping is |
| 275 | exempt from the continuing education requirements of this |
| 276 | subsection. |
| 277 | (c) The board may, by rule, require any licensee in |
| 278 | violation of a continuing education requirement to take a |
| 279 | refresher course or refresher course and examination in addition |
| 280 | to any other penalty. The number of hours for the refresher |
| 281 | course may not exceed 48 hours. |
| 282 | Section 6. Section 477.0212, Florida Statutes, is amended |
| 283 | to read: |
| 284 | 477.0212 Inactive status.-- |
| 285 | (1) A cosmetologist's license issued under this chapter |
| 286 | that has become inactive may be reactivated under s. 477.019 |
| 287 | upon application to the department. |
| 288 | (2) The board shall adopt promulgate rules relating to |
| 289 | licenses that which have become inactive and for the renewal of |
| 290 | inactive licenses. The board shall prescribe by rule a fee not |
| 291 | to exceed $100 $50 for the reactivation of an inactive license |
| 292 | and a fee not to exceed $50 for the renewal of an inactive |
| 293 | license. The board shall prescribe by rule the continuing |
| 294 | education requirements to be met prior to license renewal or |
| 295 | reactivation. |
| 296 | Section 7. Section 477.023, Florida Statutes, is amended |
| 297 | to read: |
| 298 | 477.023 Schools of cosmetology; licensure.--A No private |
| 299 | school of cosmetology may not shall be permitted to operate |
| 300 | without a license issued by the Commission for Independent |
| 301 | Education pursuant to chapter 1005. However, this chapter does |
| 302 | not nothing herein shall be construed to prevent certification |
| 303 | by the Department of Education of grooming and salon services |
| 304 | and cosmetology training programs within the public school |
| 305 | system or to prevent government operation of any other program |
| 306 | of cosmetology in this state. |
| 307 | Section 8. Section 477.0231, Florida Statutes, is created |
| 308 | to read: |
| 309 | 477.0231 Cosmetology internships.-- |
| 310 | (1) The selection and placement of cosmetology interns |
| 311 | shall be determined by the cosmetology school or program. The |
| 312 | school or program shall determine whether a student is eligible |
| 313 | to become a cosmetology intern and whether an internship sponsor |
| 314 | meets the requirements for its educational objectives. The |
| 315 | school program, on behalf of the student, shall provide written |
| 316 | notice to the board that an internship sponsor has been selected |
| 317 | and name the cosmetology intern to be supervised. The school or |
| 318 | program shall determine the length and schedule of an individual |
| 319 | cosmetology internship, but such internship may not exceed 24 |
| 320 | months. |
| 321 | (2) Each internship sponsor shall obtain approval from a |
| 322 | school or cosmetology program and shall register with the board |
| 323 | before accepting placement of each cosmetology intern. The |
| 324 | application for registration shall include the name and contact |
| 325 | person of the school or program placing the intern, the names |
| 326 | and addresses of the internship sponsor, and other information |
| 327 | that the board requires. |
| 328 | (3) The internship sponsor shall actively supervise the |
| 329 | cosmetology intern in the practice of cosmetology pursuant to |
| 330 | rules established by the board. A cosmetology intern may only |
| 331 | practice within the field of cosmetology in which he or she is |
| 332 | engaged in the course of study. The internship sponsor shall |
| 333 | ensure that the cosmetology intern is complying with the laws |
| 334 | and rules governing cosmetology and is complying with the |
| 335 | educational objectives and guidelines established by the |
| 336 | cosmetology school or program and the board. |
| 337 | (4) All services provided by the cosmetology intern shall |
| 338 | be expressly approved by the internship sponsor and contracted |
| 339 | for by the internship sponsor. The internship sponsor shall |
| 340 | ensure that the public is clearly informed that the cosmetology |
| 341 | intern is not a licensed cosmetologist. |
| 342 | (5) Pursuant to rules established by the board, the |
| 343 | cosmetology salon in which a cosmetology intern is engaged in |
| 344 | the practice of cosmetology shall post notice in a conspicuous |
| 345 | manner within the salon indicating that a student intern is |
| 346 | providing services on the premises. |
| 347 | (6) While engaged in the practice of cosmetology, a |
| 348 | cosmetology intern shall posses written documentation of his or |
| 349 | her authorization to engage in the practice of cosmetology from |
| 350 | the student's cosmetology school or program and shall furnish |
| 351 | such documentation to the department before engaging in the |
| 352 | practice of cosmetology and upon request by department |
| 353 | personnel. |
| 354 | (7) The board shall establish by rule the education |
| 355 | prerequisites for cosmetology internships, including the minimum |
| 356 | number of hours of classroom instruction and required course |
| 357 | work. The board shall establish by rule the number of permitted |
| 358 | cosmetology internships per internship sponsor, the minimum and |
| 359 | maximum number of internship hours, and the recommended |
| 360 | educational objectives and guidelines for an internship program |
| 361 | in a cosmetology school or program. |
| 362 | (8) The board may terminate the internship of any |
| 363 | cosmetology intern and the sponsorship of any internship sponsor |
| 364 | for a violation of the laws and rules governing cosmetology. The |
| 365 | board shall provide notice of termination of an internship to |
| 366 | the internship sponsor, the cosmetology school or program, and |
| 367 | the cosmetology intern. In the case of a terminated cosmetology |
| 368 | internship, the school or program shall determine the |
| 369 | educational status of the cosmetology intern. A cosmetology |
| 370 | intern whose internship sponsor has been terminated, has been |
| 371 | otherwise disciplined by the board, or has voluntarily withdrawn |
| 372 | from sponsorship remains eligible for new placement through the |
| 373 | school or program. |
| 374 | Section 9. Section 477.025, Florida Statutes, is amended |
| 375 | to read: |
| 376 | 477.025 Cosmetology salons; specialty Salons; requisites; |
| 377 | licensure; inspection; mobile cosmetology salons.-- |
| 378 | (1) No cosmetology salon or specialty salon shall be |
| 379 | permitted to operate without a license issued by the department |
| 380 | except as provided in subsection (11). |
| 381 | (2) The board shall adopt rules governing the licensure |
| 382 | and operation of salons and specialty salons and their |
| 383 | facilities, personnel, safety and sanitary requirements, and the |
| 384 | license application and granting process. |
| 385 | (3) Any person, firm, or corporation desiring to operate a |
| 386 | cosmetology salon or specialty salon in the state shall submit |
| 387 | to the department a salon an application form upon forms |
| 388 | provided by the department, and accompanied by any relevant |
| 389 | information requested by the department, and by an application |
| 390 | fee. |
| 391 | (4) Upon receiving the application, the department may |
| 392 | cause an investigation to be made of the proposed cosmetology |
| 393 | salon or specialty salon. |
| 394 | (5) When an applicant fails to meet all the requirements |
| 395 | provided herein, the department shall deny the application in |
| 396 | writing and shall list the specific requirements not met. No |
| 397 | applicant denied licensure because of failure to meet the |
| 398 | requirements herein shall be precluded from reapplying for |
| 399 | licensure. |
| 400 | (6) When the department determines that the proposed |
| 401 | cosmetology salon or specialty salon may reasonably be expected |
| 402 | to meet the requirements set forth herein, the department shall |
| 403 | grant the license upon such conditions as it shall deem proper |
| 404 | under the circumstances and upon payment of the original |
| 405 | licensing fee. |
| 406 | (7) No license for operation of a cosmetology salon or |
| 407 | specialty salon may be transferred from the name of the original |
| 408 | licensee to another. It may be transferred from one location to |
| 409 | another only upon approval by the department, which approval |
| 410 | shall not be unreasonably withheld. |
| 411 | (8) Renewal of license registration for cosmetology salons |
| 412 | or specialty salons shall be accomplished pursuant to rules |
| 413 | adopted by the board. The board is further authorized to adopt |
| 414 | rules governing delinquent renewal of licenses and may impose |
| 415 | penalty fees for delinquent renewal. |
| 416 | (9) The board is authorized to adopt rules governing the |
| 417 | periodic inspection of cosmetology salons and specialty salons |
| 418 | licensed under this chapter. |
| 419 | (10)(a) The board shall adopt rules governing the |
| 420 | licensure, operation, and inspection of mobile cosmetology |
| 421 | salons, including their facilities, personnel, and safety and |
| 422 | sanitary requirements. |
| 423 | (b) Each mobile salon must comply with all licensure and |
| 424 | operating requirements specified in this chapter or chapter 455 |
| 425 | or rules of the board or department that apply to cosmetology |
| 426 | salons at fixed locations, except to the extent that such |
| 427 | requirements conflict with this subsection or rules adopted |
| 428 | pursuant to this subsection. |
| 429 | (c) A mobile cosmetology salon must maintain a permanent |
| 430 | business address, located in the inspection area of the local |
| 431 | department office, at which records of appointments, |
| 432 | itineraries, license numbers of employees, and vehicle |
| 433 | identification numbers of the licenseholder's mobile salon shall |
| 434 | be kept and made available for verification purposes by |
| 435 | department personnel, and at which correspondence from the |
| 436 | department can be received. |
| 437 | (d) To facilitate periodic inspections of mobile |
| 438 | cosmetology salons, prior to the beginning of each month each |
| 439 | mobile salon licenseholder must file with the board a written |
| 440 | monthly itinerary listing the locations where and the dates and |
| 441 | hours when the mobile salon will be operating. |
| 442 | (e) The board shall establish fees for mobile cosmetology |
| 443 | salons, not to exceed the fees for cosmetology salons at fixed |
| 444 | locations. |
| 445 | (f) The operation of mobile cosmetology salons must be in |
| 446 | compliance with all local laws and ordinances regulating |
| 447 | business establishments, with all applicable requirements of the |
| 448 | Americans with Disabilities Act relating to accommodations for |
| 449 | persons with disabilities, and with all applicable OSHA |
| 450 | requirements. |
| 451 | (11) Facilities licensed under part II or part III of |
| 452 | chapter 400 shall be exempt from the provisions of this section |
| 453 | and a cosmetologist licensed pursuant to s. 477.019 may provide |
| 454 | salon services exclusively for facility residents. |
| 455 | Section 10. Section 477.026, Florida Statutes, is amended |
| 456 | to read: |
| 457 | 477.026 Fees; disposition.-- |
| 458 | (1) The board shall set fees according to the following |
| 459 | schedule: |
| 460 | (a) For hair technicians, estheticians, nail technicians, |
| 461 | or cosmetologists, fees for original licensing, license renewal, |
| 462 | and delinquent renewal may shall not exceed $50 $25. |
| 463 | (b) For hair technicians, estheticians, nail technicians, |
| 464 | or cosmetologists, fees for endorsement application, |
| 465 | examination, and reexamination may shall not exceed $150 $50. |
| 466 | (c) For cosmetology and specialty salons, fees for license |
| 467 | application, original licensing, license renewal, and delinquent |
| 468 | renewal may shall not exceed $100 $50. |
| 469 | (d) For specialists, fees for application and endorsement |
| 470 | registration shall not exceed $30. |
| 471 | (d)(e) For specialists, fees for initial registration, |
| 472 | registration renewal, and delinquent renewal may shall not |
| 473 | exceed $100 $50. |
| 474 | (e)(f) For hair braiders and, hair wrappers, and body |
| 475 | wrappers, fees for registration may shall not exceed $40 $25. |
| 476 | (f) For internship sponsors, fees for registration may not |
| 477 | exceed $30. |
| 478 | (2) All moneys collected by the department from fees |
| 479 | authorized by this chapter shall be paid into the Professional |
| 480 | Regulation Trust Fund, which fund is created in the department, |
| 481 | and shall be applied in accordance with ss. 215.37 and 455.219. |
| 482 | The Legislature may appropriate any excess moneys from this fund |
| 483 | to the General Revenue Fund. |
| 484 | (3) The department, with the advice of the board, shall |
| 485 | prepare and submit a proposed budget in accordance with law. |
| 486 | Section 11. Section 477.0263, Florida Statutes, is amended |
| 487 | to read: |
| 488 | 477.0263 Cosmetology services to be performed in licensed |
| 489 | salon; exceptions exception.-- |
| 490 | (1) Cosmetology or specialty services shall be performed |
| 491 | only by licensed cosmetologists, hair technicians, estheticians, |
| 492 | nail technicians, or registered specialists in licensed salons, |
| 493 | except as otherwise provided in this section. |
| 494 | (2) Pursuant to rules established by the board, |
| 495 | cosmetology or specialty services may be performed by a licensed |
| 496 | cosmetologist, hair technician, esthetician, nail technician, or |
| 497 | registered specialist in a location other than a licensed salon, |
| 498 | including, but not limited to, a nursing home, hospital, or |
| 499 | residence, when a client for reasons of ill health is unable to |
| 500 | go to a licensed salon. Arrangements for the performance of such |
| 501 | cosmetology or specialty services in a location other than a |
| 502 | licensed salon shall be made only through a licensed salon. |
| 503 | (3) Any person who holds a valid cosmetology license in |
| 504 | any state or who is authorized to practice cosmetology in any |
| 505 | country, territory, or jurisdiction of the United States may |
| 506 | perform cosmetology services in a location other than a licensed |
| 507 | salon when such services are performed in connection with the |
| 508 | motion picture, fashion photography, theatrical, or television |
| 509 | industry; a photography studio salon; a manufacturer trade show |
| 510 | demonstration; a department store demonstration; or an |
| 511 | educational seminar. |
| 512 | (4) Pursuant to rules established by the board, |
| 513 | cosmetology, hair technician, esthetician, nail technician, or |
| 514 | specialty services may be performed in a location other than a |
| 515 | licensed salon when such services are performed in connection |
| 516 | with a special event and are performed by a person who is |
| 517 | employed by a licensed salon and who holds the proper license or |
| 518 | specialty registration. Scheduling an appointment for the |
| 519 | performance of such services in a location other than a licensed |
| 520 | salon shall be made through a licensed salon. |
| 521 | Section 12. Section 477.0265, Florida Statutes, is amended |
| 522 | to read: |
| 523 | 477.0265 Prohibited acts.-- |
| 524 | (1) It is unlawful for any person to: |
| 525 | (a) Engage in the practice of cosmetology or a specialty |
| 526 | without an active license in the field of cosmetology as a |
| 527 | cosmetologist or registration as a specialist issued by the |
| 528 | department pursuant to the provisions of this chapter unless |
| 529 | authorized as a cosmetology intern pursuant to this chapter and |
| 530 | supervised by a licensed cosmetologist. |
| 531 | (b) Own, operate, maintain, open, establish, conduct, or |
| 532 | have charge of, either alone or with another person or persons, |
| 533 | a cosmetology salon or specialty salon: |
| 534 | 1. Which is not licensed under the provisions of this |
| 535 | chapter; or |
| 536 | 2. In which a person not licensed in the field of |
| 537 | cosmetology, authorized as a cosmetology intern, or registered |
| 538 | as a cosmetologist or a specialist is permitted to perform |
| 539 | cosmetology services or any specialty. |
| 540 | (c) Engage in willful or repeated violations of this |
| 541 | chapter or of any rule adopted by the board. |
| 542 | (d) Permit an employed person to engage in the practice of |
| 543 | cosmetology or of a specialty unless such person holds a valid, |
| 544 | active license in the field of cosmetology as a cosmetologist or |
| 545 | a registration as a specialist or is authorized as a cosmetology |
| 546 | intern pursuant to this chapter and supervised by a licensed |
| 547 | cosmetologist. |
| 548 |
|
| 549 | ======= T I T L E A M E N D M E N T ======= |
| 550 | Remove line(s) 43-47 and insert: |
| 551 | certification; creating s. 477.0231, F.S.; providing for |
| 552 | cosmetology internships; providing requirements for the board, |
| 553 | cosmetology interns, internship sponsors, and cosmetology salons |
| 554 | relating to cosmetology internships; amending s. 477.025, F.S., |
| 555 | relating to cosmetology and specialty salons, requisites, |
| 556 | licensure, inspection, and mobile cosmetology salons, to |
| 557 | conform; amending s. 477.026, F.S.; revising fee provisions to |
| 558 | conform; increasing fee caps for certain fees; providing a fee |
| 559 | cap for internship sponsors; amending s. |