HB 0771

CS

CHAMBER ACTION

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

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