HB 771

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

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