Senate Bill sb0920

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                   SB 920

    By Senator Wise





    5-480A-07                                           See HB 117

  1                      A bill to be entitled

  2         An act relating to cosmetology; amending s.

  3         477.013, F.S.; providing and revising

  4         definitions; redefining "cosmetology" to

  5         include hair technician, esthetician, and nail

  6         technician services; including body wrapping

  7         within esthetician services; removing a

  8         distinction between specialty salons and other

  9         salons; creating s. 477.0131, F.S.; authorizing

10         licensure for hair technicians, estheticians,

11         nail technicians, and cosmetologists; amending

12         s. 477.0132, F.S.; eliminating future body

13         wrapping registrations; authorizing renewal of

14         current body wrapping registrations; specifying

15         that only the Board of Cosmetology may review,

16         evaluate, and approve required text; amending

17         s. 477.014, F.S.; revising requirements for

18         qualification to practice under ch. 477, F.S.;

19         authorizing current specialists to sit for

20         licensure examinations in certain

21         circumstances; providing for the renewal of

22         current specialty registrations; amending s.

23         477.019, F.S.; revising qualification,

24         education, licensure and renewal, supervised

25         practice, and endorsement requirements for

26         cosmetologist licenses to include and

27         differentiate qualification, education,

28         licensure and renewal, supervised practice, and

29         endorsement requirements for hair technician,

30         esthetician, and nail technician licenses;

31         requiring the board to adopt certain procedures

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    Florida Senate - 2007                                   SB 920
    5-480A-07                                           See HB 117




 1         relating to licensure by endorsement; amending

 2         s. 477.0212, F.S.; requiring the board to adopt

 3         certain rules relating to license renewal or

 4         continuing education; amending s. 477.023,

 5         F.S.; stipulating that the Department of

 6         Education is not prevented from issuing

 7         grooming and salon services certification;

 8         amending s. 477.025, F.S., relating to

 9         cosmetology and specialty salons, requisites,

10         licensure, inspection, and mobile cosmetology

11         salons, to conform; amending s. 477.026, F.S.;

12         revising fee provisions to conform; amending s.

13         477.0263, F.S., to conform; specifying

14         circumstances under which cosmetology or

15         specialty services may be practiced outside of

16         a licensed salon; amending s. 477.0265, F.S.,

17         relating to prohibited acts, to conform;

18         amending s. 477.028, F.S., relating to

19         disciplinary proceedings, to conform; amending

20         s. 477.029, F.S., relating to penalties, to

21         conform; repealing s. 477.0201, F.S., relating

22         to specialty registration, qualifications,

23         registration renewal, and endorsement;

24         providing an effective date.

25  

26  Be It Enacted by the Legislature of the State of Florida:

27  

28         Section 1.  Section 477.013, Florida Statutes, is

29  amended to read:

30         477.013  Definitions.--As used in this chapter, the

31  term:

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    Florida Senate - 2007                                   SB 920
    5-480A-07                                           See HB 117




 1         (1)  "Board" means the Board of Cosmetology.

 2         (2)  "Department" means the Department of Business and

 3  Professional Regulation.

 4         (3)  "Cosmetologist" means a person who is licensed to

 5  engage in the practice of all cosmetology services in this

 6  state under the authority of this chapter, including hair

 7  technician services, esthetician services, and nail technician

 8  services, or a person who is licensed prior to January 1,

 9  2008, to engage in the practice of cosmetology in this state.

10         (4)  "Cosmetology" means the practice of performing or

11  offering to perform for compensation any of the following

12  services for aesthetic rather than medical purposes:

13         (a)  Hair technician services, which are:

14         1.  Treating a person's hair by:

15         a.  Providing any method of treatment as a primary

16  service, including arranging, beautifying, lightening,

17  cleansing, coloring, cutting, dressing, processing,

18  shampooing, shaping, singeing, straightening, styling,

19  tinting, or waving;

20         b.  Providing a necessary service that is preparatory

21  or ancillary to a service under sub-subparagraph a., including

22  clipping, cutting, or trimming; or

23         c.  Cutting a person's hair as a separate and

24  independent service for which a charge is directly or

25  indirectly made separately from charges for any other service.

26         2.  Weaving or braiding a person's hair.

27         3.  Shampooing and conditioning a person's hair.

28         4.  Servicing a person's wig or artificial hairpiece on

29  that person's head in any manner listed in subparagraph 1.

30         5.  Treating a person's mustache or beard by coloring,

31  processing, styling, or trimming.

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    Florida Senate - 2007                                   SB 920
    5-480A-07                                           See HB 117




 1         (b)  Esthetician services, which are:

 2         1.  Cleansing, exfoliating, or stimulating a person's

 3  skin by hand or by using a mechanical device, apparatus, or

 4  appliance with the use of any cosmetic preparation,

 5  antiseptic, lotion, powder, oil, clay, cream, or appliance.

 6         2.  Beautifying a person's skin using a cosmetic

 7  preparation, antiseptic, lotion, powder, oil, clay, cream, or

 8  appliance.

 9         3.  Administering facial treatments.

10         4.  Removing superfluous hair from a person's body

11  using depilatories, threading, waxing, sugaring, or tweezing.

12         5.  Tinting eyebrows or eyelashes with products

13  manufactured specifically for eyebrows or eyelashes.

14         6.  Body wrapping, which is a treatment program that

15  uses wraps for the purposes of cleansing and beautifying a

16  person's skin for aesthetic rather than medical or weight-loss

17  purposes and is the application of oils, lotions, or other

18  fluids to the body using wraps. Body wrapping does not include

19  manipulation of the body's superficial tissue, other than that

20  resulting from the application of the wrap materials.

21         7.  Submersing parts of the body in a bath of clay,

22  oils, lotions, or other fluids.

23         (c)  Nail technician services, which are:

24         1.  Treating a person's nails by:

25         a.  Cutting, trimming, polishing, painting, printing,

26  tinting, coloring, cleansing, manicuring, or pedicuring; or

27         b.  Affixing artificial nails, extensions, or capping.

28         2.  Cleansing, treating, or beautifying a person's

29  forearms, hands, legs below the knee, or feet mechanical or

30  chemical treatment of the head, face, and scalp for aesthetic

31  rather than medical purposes, including, but not limited to,

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    Florida Senate - 2007                                   SB 920
    5-480A-07                                           See HB 117




 1  hair shampooing, hair cutting, hair arranging, hair coloring,

 2  permanent waving, and hair relaxing for compensation. This

 3  term also includes performing hair removal, including wax

 4  treatments, manicures, pedicures, and skin care services.

 5         (5)  "Salon" means a place of business where the

 6  practice of one or more cosmetology or specialty services are

 7  offered or performed for compensation.

 8         (6)(5)  "Specialist" means any person registered under

 9  s. 477.014(6) to practice one or more of the following

10  specialties: holding a specialty registration in one or more

11  of the specialties registered under this chapter.

12         (6)  "Specialty" means the practice of one or more of

13  the following:

14         (a)  Manicuring, or the cutting, polishing, tinting,

15  coloring, cleansing, adding, or extending of the nails, and

16  massaging of the hands. This term includes any procedure or

17  process for the affixing of artificial nails, except those

18  nails which may be applied solely by use of a simple adhesive.

19         (b)  Pedicuring, or the shaping, polishing, tinting, or

20  cleansing of the nails of the feet, and massaging or

21  beautifying of the feet.

22         (c)  Facials, or the massaging or treating of the face

23  or scalp with oils, creams, lotions, or other preparations,

24  and skin care services, which means the treatment of the skin

25  of a person's body, in addition to a person's head, face, and

26  scalp, by the use of a sponge, brush, cloth, or similar device

27  to apply or remove a chemical preparation or other substance

28  without involving massage, as defined in s. 480.033(3), except

29  that chemical peels may be removed by peeling an applied

30  preparation from the skin by hand.

31  

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    Florida Senate - 2007                                   SB 920
    5-480A-07                                           See HB 117




 1         (7)  "Shampooing" means the cleansing washing of the

 2  hair with soap and water or with a special preparation, or

 3  applying hair tonics.

 4         (8)  "Specialty salon" means any place of business

 5  wherein the practice of one or all of the specialties as

 6  defined in subsection (6) are engaged in or carried on.

 7         (8)(9)  "Hair braiding" means the weaving or

 8  interweaving of a person's own natural human hair for

 9  compensation without cutting, coloring, permanent waving,

10  relaxing, removing, or chemical treatment and does not include

11  the use of hair extensions or wefts.

12         (9)(10)  "Hair wrapping" means the wrapping of

13  manufactured materials around a strand or strands of human

14  hair, for compensation, without cutting, coloring, permanent

15  waving, relaxing, removing, weaving, chemically treating,

16  braiding, using hair extensions, or performing any other

17  service defined as cosmetology.

18         (10)(11)  "Photography studio salon" means an

19  establishment where the hair-arranging services and the

20  application of cosmetic products are performed solely for the

21  purpose of preparing the model or client for the photographic

22  session without shampooing, cutting, coloring, permanent

23  waving, relaxing, or removing of hair or performing any other

24  service defined as cosmetology.

25         (12)  "Body wrapping" means a treatment program that

26  uses herbal wraps for the purposes of cleansing and

27  beautifying the skin of the body, but does not include:

28         (a)  The application of oils, lotions, or other fluids

29  to the body, except fluids contained in presoaked materials

30  used in the wraps; or

31  

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    Florida Senate - 2007                                   SB 920
    5-480A-07                                           See HB 117




 1         (b)  Manipulation of the body's superficial tissue,

 2  other than that arising from compression emanating from the

 3  wrap materials.

 4         (13)  "Skin care services" means the treatment of the

 5  skin of the body, other than the head, face, and scalp, by the

 6  use of a sponge, brush, cloth, or similar device to apply or

 7  remove a chemical preparation or other substance, except that

 8  chemical peels may be removed by peeling an applied

 9  preparation from the skin by hand. Skin care services must be

10  performed by a licensed cosmetologist or facial specialist

11  within a licensed cosmetology or specialty salon, and such

12  services may not involve massage, as defined in s. 480.033(3),

13  through manipulation of the superficial tissue.

14         Section 2.  Section 477.0131, Florida Statutes, is

15  created to read:

16         477.0131  Hair technician, esthetician, nail

17  technician, and cosmetology licenses.--

18         (1)  A person who is otherwise qualified by this

19  chapter and who is authorized to practice all of the services

20  listed in s. 477.013(4)(a) shall be licensed as a hair

21  technician.

22         (2)  A person who is otherwise qualified by this

23  chapter and who is authorized to practice all of the services

24  listed in s. 477.013(4)(b) shall be licensed as an

25  esthetician.

26         (3)  A person who is otherwise qualified by this

27  chapter and who is authorized to practice all of the services

28  listed in s. 477.013(4)(c) shall be licensed as a nail

29  technician.

30  

31  

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    Florida Senate - 2007                                   SB 920
    5-480A-07                                           See HB 117




 1         (4)  A person who is otherwise qualified by this

 2  chapter and who is authorized to practice all of the services

 3  listed in s. 477.013(4) shall be licensed as a cosmetologist.

 4         Section 3.  Section 477.0132, Florida Statutes, is

 5  amended to read:

 6         477.0132  Hair braiding, hair wrapping, and body

 7  wrapping registration.--

 8         (1)(a)  A person Persons whose occupation or practice

 9  is confined solely to hair braiding shall must register with

10  the department, shall pay the applicable registration fee, and

11  shall take a two-day 16-hour course. The course shall be board

12  approved and consist of 5 hours of instruction in HIV/AIDS and

13  other communicable diseases, 5 hours of instruction in

14  sanitation and sterilization, 4 hours of instruction in

15  disorders and diseases of the scalp, and 2 hours of

16  instruction in studies regarding laws affecting hair braiding.

17         (2)(b)  A person Persons whose occupation or practice

18  is confined solely to hair wrapping shall must register with

19  the department, shall pay the applicable registration fee, and

20  shall take a one-day 6-hour course. The course shall be board

21  approved and consist of instruction education in HIV/AIDS and

22  other communicable diseases, sanitation and sterilization,

23  disorders and diseases of the scalp, and studies regarding

24  laws affecting hair wrapping.

25         (3)  A person holding a registration in body wrapping

26  before January 1, 2008, may continue to practice body wrapping

27  as described in s. 477.013(4)(b)6. The board shall adopt by

28  rule continuing education requirements for the renewal of body

29  wrapping registrations.

30         (c)  Unless otherwise licensed or exempted from

31  licensure under this chapter, any person whose occupation or

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    Florida Senate - 2007                                   SB 920
    5-480A-07                                           See HB 117




 1  practice is body wrapping must register with the department,

 2  pay the applicable registration fee, and take a two-day

 3  12-hour course. The course shall be board approved and consist

 4  of education in HIV/AIDS and other communicable diseases,

 5  sanitation and sterilization, disorders and diseases of the

 6  skin, and studies regarding laws affecting body wrapping.

 7         (4)(d)  Only the board may review, evaluate, and

 8  approve a course and text required of an applicant for

 9  registration under this section subsection in the occupation

10  or practice of hair braiding or, hair wrapping, or body

11  wrapping. A provider of such a course is not required to hold

12  a license under chapter 1005.

13         (5)(2)  Hair braiding and, hair wrapping, and body

14  wrapping are not required to be practiced in a cosmetology

15  salon or specialty salon. When hair braiding or, hair

16  wrapping, or body wrapping is practiced outside a cosmetology

17  salon or specialty salon, disposable implements shall must be

18  used or all implements shall must be sanitized in a

19  disinfectant approved for hospital use or approved by the

20  federal Environmental Protection Agency.

21         (6)(3)  Pending issuance of registration, a person is

22  eligible to practice hair braiding or, hair wrapping, or body

23  wrapping upon submission of a registration application that

24  includes proof of successful completion of the education

25  requirements and payment of the applicable fees required by

26  this chapter.

27         Section 4.  Section 477.014, Florida Statutes, is

28  amended to read:

29         477.014  Qualifications for practice.--

30         (1)  On and after January 1, 2008, a 1979, no person

31  who is not other than a duly licensed or registered under this

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    Florida Senate - 2007                                   SB 920
    5-480A-07                                           See HB 117




 1  chapter may not cosmetologist shall practice in any of the

 2  cosmetology areas provided in s. 477.013(4) or use the name or

 3  title of cosmetologist, hair technician, esthetician, or nail

 4  technician.

 5         (2)  A person licensed or registered under this chapter

 6  on or after January 1, 2008, may not practice or hold himself

 7  or herself out as qualified to practice in an area in which he

 8  or she is not specifically licensed or registered under this

 9  chapter.

10         (3)  A cosmetologist licensed before January 1, 2008,

11  may perform all the services of a licensed cosmetologist as

12  defined in this chapter.

13         (4)  A facial specialist registered or enrolled in a

14  cosmetology school before January 1, 2008, may take the

15  examination for an esthetician license.

16         (5)  A manicure, pedicure, or nail extension specialist

17  registered or enrolled in a cosmetology school before January

18  1, 2008, may take the examination for a nail technician

19  license.

20         (6)  A specialist registered under this chapter before

21  January 1, 2008, may continue to practice under the name of

22  his or her specialty registration without taking the

23  respective licensure examination. Renewal of all

24  registrations, including a full specialty registration that

25  includes facial, manicure, pedicure, and nail extension

26  specialties, existing before January 1, 2008, shall be

27  accomplished pursuant to rules adopted by the board.

28         Section 5.  Section 477.019, Florida Statutes, is

29  amended to read:

30         477.019  Cosmetologists; hair technicians;

31  estheticians; nail technicians; qualifications; licensure;

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    Florida Senate - 2007                                   SB 920
    5-480A-07                                           See HB 117




 1  supervised practice; license renewal; endorsement; continuing

 2  education.--

 3         (1)  A person desiring to be licensed in the field of

 4  cosmetology as a cosmetologist shall apply to the department

 5  for licensure.

 6         (2)  An applicant is shall be eligible for licensure by

 7  examination to practice cosmetology, hair technician services,

 8  esthetician services, or nail technician services if the

 9  applicant:

10         (a)  Is at least 16 years of age or has received a high

11  school diploma or graduate equivalency diploma or has passed

12  an ability-to-benefit test, which is an independently

13  administered test approved by the United States Secretary of

14  Education as provided in 20 U.S.C. s. 1091(d).;

15         (b)  Pays the required application fee, which is not

16  refundable, and the required examination fee, which is

17  refundable if the applicant is determined to not be eligible

18  for licensure for any reason other than failure to

19  successfully complete the licensure examination.; and

20         (c)1.  Is authorized to practice cosmetology in another

21  state or country, has been so authorized for at least 1 year,

22  and does not qualify for licensure by endorsement as provided

23  for in subsection (6); or

24         2.a.  Has received a minimum number of hours of

25  training as follows:

26         (I)  For a hair technician, 1,000 hours.

27         (II)  For an esthetician, 600 hours.

28         (III)  For a nail technician, 350 hours.

29         (IV)  For a cosmetologist, 1,800 hours.

30         b.  The training Has received a minimum of 1,200 hours

31  of training as established by the board, which shall include,

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    Florida Senate - 2007                                   SB 920
    5-480A-07                                           See HB 117




 1  but need shall not be limited to, the equivalent of completion

 2  of services directly related to the practice of cosmetology at

 3  one of the following:

 4         (I)a.  A school of cosmetology licensed pursuant to

 5  chapter 1005.

 6         (II)b.  A cosmetology program within the public school

 7  system.

 8         (III)c.  The Cosmetology Division of the Florida School

 9  for the Deaf and the Blind, provided the division meets the

10  standards of this chapter.

11         (IV)d.  A government-operated cosmetology program in

12  this state.

13         c.  A person who has enrolled and begun his or her

14  education before January 1, 2008, may take the examination to

15  be licensed as a cosmetologist upon completion of 1,200 hours

16  of education.

17         d.  A person who begins his or her education on or

18  after January 1, 2008, shall comply with the hour requirements

19  in sub-subparagraph a. in order to qualify to take his or her

20  respective examination.

21  

22  The board shall establish by rule procedures whereby the

23  school or program may certify that a person is qualified to

24  take the required examination after the completion of a

25  minimum of 1,000 actual school hours. If the person then

26  passes the examination, he or she shall have satisfied this

27  requirement; but if the person fails the examination, he or

28  she shall not be qualified to take the examination again until

29  the completion of the full requirements provided by this

30  section.

31  

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    Florida Senate - 2007                                   SB 920
    5-480A-07                                           See HB 117




 1         (3)  Upon an applicant receiving a passing grade, as

 2  established by board rule, on the examination and paying the

 3  initial licensing fee, the department shall issue a license to

 4  practice in the applicant's respective area of cosmetology

 5  provided in s. 477.013(4).

 6         (4)  After submitting a complete application to take

 7  the first available examination for licensure as a

 8  cosmetologist, hair technician, esthetician, or nail

 9  technician, a graduate of a licensed cosmetology school or a

10  program within the public school system, which school or

11  program is certified by the Department of Education, is

12  eligible to practice in the graduate's respective area for a

13  maximum period of 60 days, provided such graduate practices

14  under the supervision of a professional licensed under this

15  chapter in a licensed salon. A graduate who fails to pass an

16  examination the first time may continue to practice under the

17  supervision of a professional licensed under this chapter in a

18  licensed salon for an additional 60-day period, provided the

19  graduate applies for the next available examination. A

20  graduate may not continue to practice under this subsection if

21  the graduate fails the examination twice. Following the

22  completion of the first licensing examination and pending the

23  results of that examination and issuance of a license to

24  practice cosmetology, graduates of licensed cosmetology

25  schools or cosmetology programs offered in public school

26  systems, which schools or programs are certified by the

27  Department of Education, are eligible to practice cosmetology,

28  provided such graduates practice under the supervision of a

29  licensed cosmetologist in a licensed cosmetology salon. A

30  graduate who fails the first examination may continue to

31  practice under the supervision of a licensed cosmetologist in

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    Florida Senate - 2007                                   SB 920
    5-480A-07                                           See HB 117




 1  a licensed cosmetology salon if the graduate applies for the

 2  next available examination and until the graduate receives the

 3  results of that examination. No graduate may continue to

 4  practice under this subsection if the graduate fails the

 5  examination twice.

 6         (5)  Renewal of license registration shall be

 7  accomplished pursuant to rules adopted by the board.

 8         (6)  The board shall adopt rules specifying procedures

 9  for the licensure by endorsement of practitioners desiring to

10  be licensed in this state who hold a current active license in

11  another state or country and who have met qualifications

12  substantially similar to, equivalent to, or greater than the

13  qualifications required of applicants from this state. For

14  purposes of this subsection, work experience may be

15  substituted for required educational hours in the amount and

16  manner provided by board rule.

17         (7)(a)  The board shall prescribe by rule continuing

18  education requirements for licensees and registered

19  specialists that intended to ensure the protection of the

20  public through updated training of licensees and registered

21  specialists, not to exceed 16 hours biennially, as a condition

22  for renewal of a license or registration as a specialist under

23  this chapter. Continuing education courses shall include, but

24  not be limited to, the following subjects as they relate to

25  the practice of cosmetology: HIV/AIDS human immunodeficiency

26  virus and acquired immune deficiency syndrome; Occupational

27  Safety and Health Administration regulations; workers'

28  compensation issues; state and federal laws and rules as they

29  pertain to cosmetologists, the practice of cosmetology,

30  salons, specialists, specialty salons, and booth renters;

31  chemical makeup as it pertains to hair, skin, and nails; and

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    Florida Senate - 2007                                   SB 920
    5-480A-07                                           See HB 117




 1  environmental issues. Courses given at educational cosmetology

 2  conferences may be counted toward the number of continuing

 3  education hours required if approved by the board.

 4         (b)  Any person whose occupation or practice is

 5  confined solely to hair braiding or, hair wrapping, or body

 6  wrapping is exempt from the continuing education requirements

 7  of this subsection.

 8         (c)  The board may, by rule, require any licensee in

 9  violation of a continuing education requirement to take a

10  refresher course or refresher course and examination in

11  addition to any other penalty. The number of hours for the

12  refresher course may not exceed 48 hours.

13         Section 6.  Section 477.0212, Florida Statutes, is

14  amended to read:

15         477.0212  Inactive status.--

16         (1)  A cosmetologist's license issued under this

17  chapter that has become inactive may be reactivated under s.

18  477.019 upon application to the department.

19         (2)  The board shall adopt promulgate rules relating to

20  licenses that which have become inactive and for the renewal

21  of inactive licenses. The board shall prescribe by rule a fee

22  not to exceed $50 for the reactivation of an inactive license

23  and a fee not to exceed $50 for the renewal of an inactive

24  license. The board shall prescribe by rule the continuing

25  education requirements to be met prior to license renewal or

26  reactivation.

27         Section 7.  Section 477.023, Florida Statutes, is

28  amended to read:

29         477.023  Schools of cosmetology; licensure.--A No

30  private school of cosmetology may not shall be permitted to

31  operate without a license issued by the Commission for

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    Florida Senate - 2007                                   SB 920
    5-480A-07                                           See HB 117




 1  Independent Education pursuant to chapter 1005. However, this

 2  chapter does not nothing herein shall be construed to prevent

 3  certification by the Department of Education of grooming and

 4  salon services and cosmetology training programs within the

 5  public school system or to prevent government operation of any

 6  other program of cosmetology in this state.

 7         Section 8.  Section 477.025, Florida Statutes, is

 8  amended to read:

 9         477.025  Cosmetology salons; specialty Salons;

10  requisites; licensure; inspection; mobile cosmetology

11  salons.--

12         (1)  No cosmetology salon or specialty salon shall be

13  permitted to operate without a license issued by the

14  department except as provided in subsection (11).

15         (2)  The board shall adopt rules governing the

16  licensure and operation of salons and specialty salons and

17  their facilities, personnel, and safety and sanitary

18  requirements, and the license application and granting

19  process.

20         (3)  Any person, firm, or corporation desiring to

21  operate a cosmetology salon or specialty salon in the state

22  shall submit to the department a salon an application form

23  upon forms provided by the department, and accompanied by any

24  relevant information requested by the department, and by an

25  application fee.

26         (4)  Upon receiving the application, the department may

27  cause an investigation to be made of the proposed cosmetology

28  salon or specialty salon.

29         (5)  When an applicant fails to meet all the

30  requirements provided in this section herein, the department

31  shall deny the application in writing and shall list the

                                  16

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    Florida Senate - 2007                                   SB 920
    5-480A-07                                           See HB 117




 1  specific requirements not met. No applicant denied licensure

 2  because of failure to meet the requirements of this section

 3  herein shall be precluded from reapplying for licensure.

 4         (6)  When the department determines that the proposed

 5  cosmetology salon or specialty salon may reasonably be

 6  expected to meet the requirements set forth in this section

 7  herein, the department shall grant the license upon such

 8  conditions as it shall deem proper under the circumstances and

 9  upon payment of the original licensing fee.

10         (7)  No license for operation of a cosmetology salon or

11  specialty salon may be transferred from the name of the

12  original licensee to another. It may be transferred from one

13  location to another only upon approval by the department,

14  which approval shall not be unreasonably withheld.

15         (8)  Renewal of license registration for cosmetology

16  salons or specialty salons shall be accomplished pursuant to

17  rules adopted by the board. The board is further authorized to

18  adopt rules governing delinquent renewal of licenses and may

19  impose penalty fees for delinquent renewal.

20         (9)  The board is authorized to adopt rules governing

21  the periodic inspection of cosmetology salons and specialty

22  salons licensed under this chapter.

23         (10)(a)  The board shall adopt rules governing the

24  licensure, operation, and inspection of mobile cosmetology

25  salons, including their facilities, personnel, and safety and

26  sanitary requirements.

27         (b)  Each mobile salon must comply with all licensure

28  and operating requirements specified in this chapter or

29  chapter 455 or rules of the board or department that apply to

30  cosmetology salons at fixed locations, except to the extent

31  

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    Florida Senate - 2007                                   SB 920
    5-480A-07                                           See HB 117




 1  that such requirements conflict with this subsection or rules

 2  adopted pursuant to this subsection.

 3         (c)  A mobile cosmetology salon must maintain a

 4  permanent business address, located in the inspection area of

 5  the local department office, at which records of appointments,

 6  itineraries, license numbers of employees, and vehicle

 7  identification numbers of the licenseholder's mobile salon

 8  shall be kept and made available for verification purposes by

 9  department personnel, and at which correspondence from the

10  department can be received.

11         (d)  To facilitate periodic inspections of mobile

12  cosmetology salons, prior to the beginning of each month, each

13  mobile salon licenseholder must file with the board a written

14  monthly itinerary listing the locations where and the dates

15  and hours when the mobile salon will be operating.

16         (e)  The board shall establish fees for mobile

17  cosmetology salons, not to exceed the fees for cosmetology

18  salons at fixed locations.

19         (f)  The operation of mobile cosmetology salons must be

20  in compliance with all local laws and ordinances regulating

21  business establishments, with all applicable requirements of

22  the Americans with Disabilities Act relating to accommodations

23  for persons with disabilities, and with all applicable OSHA

24  requirements.

25         (11)  Facilities licensed under part II of chapter 400

26  or under part I of chapter 429 are exempt from this section,

27  and a cosmetologist licensed pursuant to s. 477.019 may

28  provide salon services exclusively for facility residents.

29         Section 9.  Section 477.026, Florida Statutes, is

30  amended to read:

31         477.026  Fees; disposition.--

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    Florida Senate - 2007                                   SB 920
    5-480A-07                                           See HB 117




 1         (1)  The board shall set fees according to the

 2  following schedule:

 3         (a)  For hair technicians, estheticians, nail

 4  technicians, or cosmetologists, fees for original licensing,

 5  license renewal, and delinquent renewal may shall not exceed

 6  $25.

 7         (b)  For hair technicians, estheticians, nail

 8  technicians, or cosmetologists, fees for endorsement

 9  application, examination, and reexamination may shall not

10  exceed $50.

11         (c)  For cosmetology and specialty salons, fees for

12  license application, original licensing, license renewal, and

13  delinquent renewal may shall not exceed $50.

14         (d)  For specialists, fees for application and

15  endorsement registration shall not exceed $30.

16         (d)(e)  For specialists, fees for initial registration,

17  registration renewal, and delinquent renewal may shall not

18  exceed $50.

19         (e)(f)  For hair braiders and, hair wrappers, and body

20  wrappers, fees for registration may shall not exceed $25.

21         (2)  All moneys collected by the department from fees

22  authorized by this chapter shall be paid into the Professional

23  Regulation Trust Fund, which fund is created in the

24  department, and shall be applied in accordance with ss. 215.37

25  and 455.219. The Legislature may appropriate any excess moneys

26  from this fund to the General Revenue Fund.

27         (3)  The department, with the advice of the board,

28  shall prepare and submit a proposed budget in accordance with

29  law.

30         Section 10.  Section 477.0263, Florida Statutes, is

31  amended to read:

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    Florida Senate - 2007                                   SB 920
    5-480A-07                                           See HB 117




 1         477.0263  Cosmetology or specialty services to be

 2  performed in licensed salon; exceptions exception.--

 3         (1)  Cosmetology or specialty services shall be

 4  performed only by licensed cosmetologists, hair technicians,

 5  estheticians, or nail technicians or registered specialists in

 6  licensed salons, except as otherwise provided in this section.

 7         (2)  Pursuant to rules established by the board,

 8  cosmetology or specialty services may be performed by a

 9  licensed cosmetologist, hair technician, esthetician, or nail

10  technician or a registered specialist in a location other than

11  a licensed salon, including, but not limited to, a nursing

12  home, hospital, or residence, when a client for reasons of ill

13  health is unable to go to a licensed salon. Arrangements for

14  the performance of such cosmetology or specialty services in a

15  location other than a licensed salon shall be made only

16  through a licensed salon.

17         (3)  Any person who holds a valid cosmetology license

18  in any state or who is authorized to practice cosmetology in

19  any country, territory, or jurisdiction of the United States

20  may perform cosmetology services in a location other than a

21  licensed salon when such services are performed in connection

22  with the motion picture, fashion photography, theatrical, or

23  television industry; a photography studio salon; a

24  manufacturer trade show demonstration; a department store

25  demonstration; or an educational seminar.

26         (4)  Pursuant to rules established by the board,

27  cosmetology, hair technician, esthetician, nail technician, or

28  specialty services may be performed in a location other than a

29  licensed salon when such services are performed in connection

30  with a special event and are performed by a person who is

31  employed by a licensed salon and who holds the proper license

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    Florida Senate - 2007                                   SB 920
    5-480A-07                                           See HB 117




 1  or specialty registration. An appointment for the performance

 2  of such services in a location other than a licensed salon

 3  shall be made through a licensed salon.

 4         Section 11.  Section 477.0265, Florida Statutes, is

 5  amended to read:

 6         477.0265  Prohibited acts.--

 7         (1)  It is unlawful for any person to:

 8         (a)  Engage in the practice of cosmetology or a

 9  specialty without an active license in the field of

10  cosmetology as a cosmetologist or registration as a specialist

11  issued by the department pursuant to the provisions of this

12  chapter.

13         (b)  Own, operate, maintain, open, establish, conduct,

14  or have charge of, either alone or with another person or

15  persons, a cosmetology salon or specialty salon:

16         1.  That Which is not licensed under the provisions of

17  this chapter; or

18         2.  In which a person not licensed in the field of

19  cosmetology or registered as a cosmetologist or a specialist

20  is permitted to perform cosmetology services or any specialty.

21         (c)  Engage in willful or repeated violations of this

22  chapter or of any rule adopted by the board.

23         (d)  Permit an employed person to engage in the

24  practice of cosmetology or of a specialty unless such person

25  holds a valid, active license in the field of cosmetology as a

26  cosmetologist or a registration as a specialist.

27         (e)  Obtain or attempt to obtain a license or

28  registration for money, other than the required fee, or any

29  other thing of value or by fraudulent misrepresentations.

30         (f)  Use or attempt to use a license to practice in the

31  field of cosmetology or a registration to practice a

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    Florida Senate - 2007                                   SB 920
    5-480A-07                                           See HB 117




 1  specialty, which license or registration is suspended or

 2  revoked.

 3         (g)  Advertise or imply that skin care services or body

 4  wrapping, as performed under this chapter, has have any

 5  relationship to the practice of massage therapy as defined in

 6  s. 480.033(3), except those practices or activities defined in

 7  s. 477.013.

 8         (h)  In the practice of cosmetology or specialty

 9  services, use or possess a cosmetic product containing a

10  liquid nail monomer containing any trace of methyl

11  methacrylate (MMA).

12         (2)  Any person who violates any provision of this

13  section commits a misdemeanor of the second degree, punishable

14  as provided in s. 775.082 or s. 775.083.

15         Section 12.  Section 477.028, Florida Statutes, is

16  amended to read:

17         477.028  Disciplinary proceedings.--

18         (1)  The board may shall have the power to revoke or

19  suspend the license of a cosmetologist, hair technician,

20  esthetician, or nail technician licensed under this chapter,

21  or the registration of a specialist registered under this

22  chapter, and may to reprimand, censure, deny subsequent

23  licensure or registration of, or otherwise discipline a

24  cosmetologist, hair technician, esthetician, nail technician,

25  or a specialist licensed or registered under this chapter in

26  any of the following cases:

27         (a)  Upon proof that a license or registration has been

28  obtained by fraud or misrepresentation.

29         (b)  Upon proof that the holder of a license or

30  registration is guilty of fraud or deceit or of gross

31  

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    Florida Senate - 2007                                   SB 920
    5-480A-07                                           See HB 117




 1  negligence, incompetency, or misconduct in the practice or

 2  instruction of cosmetology or a specialty.

 3         (c)  Upon proof that the holder of a license or

 4  registration is guilty of aiding, assisting, procuring, or

 5  advising any unlicensed person to practice in the field of

 6  cosmetology as a cosmetologist.

 7         (2)  The board may shall have the power to revoke or

 8  suspend the license of a cosmetology salon or a specialty

 9  salon licensed under this chapter;, to deny subsequent

10  licensure of such salon;, or to reprimand, censure, or

11  otherwise discipline the owner of such salon in either of the

12  following cases:

13         (a)  Upon proof that a license has been obtained by

14  fraud or misrepresentation.

15         (b)  Upon proof that the holder of a license is guilty

16  of fraud or deceit or of gross negligence, incompetency, or

17  misconduct in the operation of the salon so licensed.

18         (3)  Disciplinary proceedings shall be conducted

19  pursuant to the provisions of chapter 120.

20         (4)  The department may shall not issue or renew a

21  license or certificate of registration under this chapter to

22  any person against whom or salon against which the board has

23  assessed a fine, interest, or costs associated with

24  investigation and prosecution until the person or salon has

25  paid in full such fine, interest, or costs associated with

26  investigation and prosecution or until the person or salon

27  complies with or satisfies all terms and conditions of the

28  final order.

29         Section 13.  Section 477.029, Florida Statutes, is

30  amended to read:

31         477.029  Penalty.--

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    Florida Senate - 2007                                   SB 920
    5-480A-07                                           See HB 117




 1         (1)  It is unlawful for any person to:

 2         (a)  Hold himself or herself out as a cosmetologist,

 3  hair technician, esthetician, nail technician, specialist,

 4  hair wrapper, hair braider, or body wrapper unless duly

 5  licensed or registered, or otherwise authorized, as provided

 6  in this chapter.

 7         (b)  Operate any cosmetology salon unless it has been

 8  duly licensed as provided in this chapter.

 9         (c)  Permit an employed person to practice cosmetology

10  or a specialty unless duly licensed or registered, or

11  otherwise authorized, as provided in this chapter.

12         (d)  Present as his or her own the license of another.

13         (e)  Give false or forged evidence to the department in

14  obtaining any license provided for in this chapter.

15         (f)  Impersonate any other licenseholder of like or

16  different name.

17         (g)  Use or attempt to use a license that has been

18  revoked.

19         (h)  Violate any provision of s. 455.227(1), s.

20  477.0265, or s. 477.028.

21         (i)  Violate or refuse to comply with any provision of

22  this chapter or chapter 455 or a rule or final order of the

23  board or the department.

24         (2)  Any person who violates the provisions of this

25  section is shall be subject to one or more of the following

26  penalties, as determined by the board:

27         (a)  Revocation or suspension of any license or

28  registration issued pursuant to this chapter.

29         (b)  Issuance of a reprimand or censure.

30         (c)  Imposition of an administrative fine not to exceed

31  $500 for each count or separate offense.

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    Florida Senate - 2007                                   SB 920
    5-480A-07                                           See HB 117




 1         (d)  Placement on probation for a period of time and

 2  subject to such reasonable conditions as the board may

 3  specify.

 4         (e)  Refusal to certify to the department an applicant

 5  for licensure.

 6         Section 14.  Section 477.0201, Florida Statutes, is

 7  repealed.

 8         Section 15.  This act shall take effect January 1,

 9  2008.

10  

11  

12  

13  

14  

15  

16  

17  

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20  

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22  

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24  

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31  

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