HB 415

1	A bill to be entitled
2	An act relating to cosmetology; amending s. 477.013, F.S.;
3	providing and revising 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.; authorizing renewal of current
11	body wrapping registrations; increasing length of required
12	course; specifying that only the Board of Cosmetology may
13	review, evaluate, and approve required course and text;
14	amending s. 477.014, F.S.; revising requirements for
15	qualification to practice under ch. 477, F.S.; authorizing
16	current specialists to sit for licensure examinations in
17	certain circumstances; providing for the renewal of
18	current specialty registrations; amending s. 477.019,
19	F.S.; revising qualification, education, licensure and
20	renewal, supervised practice, and endorsement requirements
21	for cosmetologist licenses to include and differentiate
22	qualification, education, licensure and renewal,
23	supervised practice, and endorsement requirements for hair
24	technician, esthetician, and nail technician licenses;
25	requiring the board to adopt certain procedures relating
26	to licensure by endorsement; amending s. 477.0212, F.S.;
27	requiring the board to adopt certain rules relating to
28	license renewal or continuing education; amending s.
29	477.023, F.S.; stipulating that the Department of
30	Education is not prevented from issuing grooming and salon
31	services certification; amending s. 477.025, F.S.,
32	relating to cosmetology and specialty salons, requisites,
33	licensure, inspection, and mobile cosmetology salons, to
34	conform; amending s. 477.026, F.S.; revising fee
35	provisions to conform; amending s. 477.0263, F.S., to
36	conform; specifying circumstances under which cosmetology
37	or specialty services may be practiced outside of a
38	licensed salon; amending s. 477.0265, F.S., relating to
39	prohibited acts, to conform; amending s. 477.028, F.S.,
40	relating to disciplinary proceedings, to conform; amending
41	s. 477.029, F.S., relating to penalties, to conform;
42	repealing s. 477.0201, F.S., relating to specialty
43	registration, qualifications, registration renewal, and
44	endorsement; providing an appropriation; providing
45	effective dates.
46
47	Be It Enacted by the Legislature of the State of Florida:
48
49	Section 1.  Section 477.013, Florida Statutes, is amended
50	to read:
51	477.013  Definitions.--As used in this chapter, the term:
52	(1)  "Board" means the Board of Cosmetology.
53	(2)  "Department" means the Department of Business and
54	Professional Regulation.
55	(3)  "Cosmetologist" means a person who is licensed to
56	engage in the practice of all cosmetology services in this state
57	under the authority of this chapter, including hair technician
58	services, esthetician services, and nail technician services, or
59	a person who is licensed prior to July 1, 2009, to engage in the
60	practice of cosmetology in this state.
61	(4)  "Cosmetology" means the practice of performing or
62	offering to perform for compensation any of the following
63	services for aesthetic rather than medical purposes:
64	(a)  Hair technician services, which are:
65	1.  Treating a person's hair by:
66	a.  Providing any method of treatment as a primary service,
67	including arranging, beautifying, lightening, cleansing,
68	coloring, cutting, dressing, processing, shampooing, shaping,
69	singeing, straightening, styling, tinting, or waving;
70	b.  Providing a necessary service that is preparatory or
71	ancillary to a service under sub-subparagraph a., including
72	clipping, cutting, or trimming; or
73	c.  Cutting a person's hair as a separate and independent
74	service for which a charge is directly or indirectly made
75	separately from charges for any other service.
76	2.  Weaving or braiding a person's hair.
77	3.  Shampooing and conditioning a person's hair.
78	4.  Servicing a person's wig or artificial hairpiece on
79	that person's head in any manner listed in subparagraph 1.
80	5.  Treating a person's mustache or beard by coloring,
81	processing, styling, or trimming.
82	(b)  Esthetician services, which are:
83	1.  Cleansing, exfoliating, or stimulating a person's skin
84	by hand or by using a mechanical device, apparatus, or appliance
85	with the use of any cosmetic preparation, antiseptic, lotion,
86	powder, oil, clay, cream, or appliance.
87	2.  Beautifying a person's skin using a cosmetic
88	preparation, antiseptic, lotion, powder, oil, clay, cream, or
89	appliance.
90	3.  Administering facial treatments.
91	4.  Removing superfluous hair from a person's body using
92	depilatories, threading, waxing, sugaring, or tweezing.
93	5.  Tinting eyebrows or eyelashes with products
94	manufactured specifically for eyebrows or eyelashes.
95	6.  Body wrapping, which is a treatment program that uses
96	wraps for the purposes of cleansing and beautifying a person's
97	skin for aesthetic rather than medical or weight-loss purposes
98	and is the application of oils, lotions, or other fluids to the
99	body using wraps. Body wrapping does not include manipulation of
100	the body's superficial tissue, other than that resulting from
101	the application of the wrap materials.
102	7.  Submersing parts of the body in a bath of clay, oils,
103	lotions, or other fluids.
104	(c)  Nail technician services, which are:
105	1.  Treating a person's nails by:
106	a.  Cutting, trimming, polishing, painting, printing,
107	tinting, coloring, cleansing, manicuring, or pedicuring; or
108	b.  Affixing artificial nails, extensions, or capping.
109	2.  Cleansing, treating, or beautifying a person's
110	forearms, hands, legs below the knee, or feet mechanical or
111	chemical treatment of the head, face, and scalp for aesthetic
112	rather than medical purposes, including, but not limited to,
113	hair shampooing, hair cutting, hair arranging, hair coloring,
114	permanent waving, and hair relaxing for compensation. This term
115	also includes performing hair removal, including wax treatments,
116	manicures, pedicures, and skin care services.
117	(5)  "Salon" means a place of business where the practice
118	of one or more cosmetology or specialty services are offered or
119	performed for compensation.
120	(6)(5)  "Specialist" means any person registered under s.
121	477.014(6) to practice one or more of the following specialties:
122	holding a specialty registration in one or more of the
123	specialties registered under this chapter.
124	(6)  "Specialty" means the practice of one or more of the
125	following:
126	(a)  Manicuring, or the cutting, polishing, tinting,
127	coloring, cleansing, adding, or extending of the nails, and
128	massaging of the hands. This term includes any procedure or
129	process for the affixing of artificial nails, except those nails
130	which may be applied solely by use of a simple adhesive.
131	(b)  Pedicuring, or the shaping, polishing, tinting, or
132	cleansing of the nails of the feet, and massaging or beautifying
133	of the feet.
134	(c)  Facials, or the massaging or treating of the face or
135	scalp with oils, creams, lotions, or other preparations, and
136	skin care services, which means the treatment of the skin of a
137	person's body, in addition to a person's head, face, and scalp,
138	by the use of a sponge, brush, cloth, or similar device to apply
139	or remove a chemical preparation or other substance without
140	involving massage, as defined in s. 480.033(3), except that
141	chemical peels may be removed by peeling an applied preparation
142	from the skin by hand.
143	(7)  "Shampooing" means the cleansing washing of the hair
144	with soap and water or with a special preparation, or applying
145	hair tonics.
146	(8)  "Specialty salon" means any place of business wherein
147	the practice of one or all of the specialties as defined in
148	subsection (6) are engaged in or carried on.
149	(8)(9)  "Hair braiding" means the weaving or interweaving
150	of a person's own natural human hair for compensation without
151	cutting, coloring, permanent waving, relaxing, removing, or
152	chemical treatment and does not include the use of hair
153	extensions or wefts.
154	(9)(10)  "Hair wrapping" means the wrapping of manufactured
155	materials around a strand or strands of human hair, for
156	compensation, without cutting, coloring, permanent waving,
157	relaxing, removing, weaving, chemically treating, braiding,
158	using hair extensions, or performing any other service defined
159	as cosmetology.
160	(10)(11)  "Photography studio salon" means an establishment
161	where the hair-arranging services and the application of
162	cosmetic products are performed solely for the purpose of
163	preparing the model or client for the photographic session
164	without shampooing, cutting, coloring, permanent waving,
165	relaxing, or removing of hair or performing any other service
166	defined as cosmetology.
167	(12)  "Body wrapping" means a treatment program that uses
168	herbal wraps for the purposes of cleansing and beautifying the
169	skin of the body, but does not include:
170	(a)  The application of oils, lotions, or other fluids to
171	the body, except fluids contained in presoaked materials used in
172	the wraps; or
173	(b)  Manipulation of the body's superficial tissue, other
174	than that arising from compression emanating from the wrap
175	materials.
176	(13)  "Skin care services" means the treatment of the skin
177	of the body, other than the head, face, and scalp, by the use of
178	a sponge, brush, cloth, or similar device to apply or remove a
179	chemical preparation or other substance, except that chemical
180	peels may be removed by peeling an applied preparation from the
181	skin by hand. Skin care services must be performed by a licensed
182	cosmetologist or facial specialist within a licensed cosmetology
183	or specialty salon, and such services may not involve massage,
184	as defined in s. 480.033(3), through manipulation of the
185	superficial tissue.
186	Section 2.  Section 477.0131, Florida Statutes, is created
187	to read:
188	477.0131  Hair technician, esthetician, nail technician,
189	and cosmetology licenses.--
190	(1)  A person who is otherwise qualified by this chapter
191	and who is authorized to practice all of the services listed in
192	s. 477.013(4)(a) shall be licensed as a hair technician.
193	(2)  A person who is otherwise qualified by this chapter
194	and who is authorized to practice all of the services listed in
195	s. 477.013(4)(b) shall be licensed as an esthetician.
196	(3)  A person who is otherwise qualified by this chapter
197	and who is authorized to practice all of the services listed in
198	s. 477.013(4)(c) shall be licensed as a nail technician.
199	(4)  A person who is otherwise qualified by this chapter
200	and who is authorized to practice all of the services listed in
201	s. 477.013(4) shall be licensed as a cosmetologist.
202	Section 3.  Section 477.0132, Florida Statutes, is amended
203	to read:
204	477.0132  Hair braiding, hair wrapping, and body wrapping
205	registration.--
206	(1)(a)  A person Persons whose occupation or practice is
207	confined solely to hair braiding shall must register with the
208	department, shall pay the applicable registration fee, and shall
209	take a two-day 16-hour course. The course shall be board
210	approved and consist of 5 hours of instruction in HIV/AIDS and
211	other communicable diseases, 5 hours of instruction in
212	sanitation and sterilization, 4 hours of instruction in
213	disorders and diseases of the scalp, and 2 hours of instruction
214	in studies regarding laws affecting hair braiding.
215	(2)(b)  A person Persons whose occupation or practice is
216	confined solely to hair wrapping shall must register with the
217	department, shall pay the applicable registration fee, and shall
218	take a one-day 6-hour course. The course shall be board approved
219	and consist of instruction education in HIV/AIDS and other
220	communicable diseases, sanitation and sterilization, disorders
221	and diseases of the scalp, and studies regarding laws affecting
222	hair wrapping.
223	(3)(c)  Unless otherwise licensed or exempted from
224	licensure under this chapter, any person whose occupation or
225	practice is confined solely to body wrapping must register with
226	the department, pay the applicable registration fee, and take a
227	40-hour two-day 12-hour course. The course shall be board
228	approved and include, but not be limited to, body systems,
229	contraindications, consist of education in HIV/AIDS and other
230	communicable diseases, sanitation and sterilization, disorders
231	and diseases of the skin, and studies regarding laws affecting
232	body wrapping.
233	(4)(d)  Only the board may review, evaluate, and approve a
234	course and text required of an applicant for registration under
235	this section subsection in the occupation or practice of hair
236	braiding, hair wrapping, or body wrapping. A provider of such a
237	course is not required to hold a license under chapter 1005.
238	(5)(2)  Hair braiding, hair wrapping, and body wrapping are
239	not required to be practiced in a cosmetology salon or specialty
240	salon. When hair braiding, hair wrapping, or body wrapping is
241	practiced outside a cosmetology salon or specialty salon,
242	disposable implements shall must be used or all implements shall
243	must be sanitized in a disinfectant approved for hospital use or
244	approved by the federal Environmental Protection Agency.
245	(6)(3)  Pending issuance of registration, a person is
246	eligible to practice hair braiding, hair wrapping, or body
247	wrapping upon submission of a registration application that
248	includes proof of successful completion of the education
249	requirements and payment of the applicable fees required by this
250	chapter.
251	Section 4.  Section 477.014, Florida Statutes, is amended
252	to read:
253	477.014  Qualifications for practice.--
254	(1)  On and after July January 1, 2009, a 1979, no person
255	who is not other than a duly licensed or registered under this
256	chapter may not cosmetologist shall practice in any of the
257	cosmetology areas provided in s. 477.013(4) or use the name or
258	title of cosmetologist, hair technician, esthetician, or nail
259	technician.
260	(2)  A person licensed or registered under this chapter on
261	or after July 1, 2009, may not practice or hold himself or
262	herself out as qualified to practice in an area in which he or
263	she is not specifically licensed or registered under this
264	chapter.
265	(3)  A cosmetologist licensed before July 1, 2009, may
266	perform all the services of a licensed cosmetologist as defined
267	in this chapter.
268	(4)  A facial specialist registered or enrolled in a
269	cosmetology school before July 1, 2009, may take the examination
270	for an esthetician license.
271	(5)  A manicure, pedicure, or nail extension specialist
272	registered or enrolled in a cosmetology school before July 1,
273	2009, may take the examination for a nail technician license.
274	(6)  A specialist registered under this chapter before July
275	1, 2009, may continue to practice under the name of his or her
276	specialty registration without taking the respective licensure
277	examination. Renewal of all registrations, including a full
278	specialty registration that includes facial, manicure, pedicure,
279	and nail extension specialties, existing before July 1, 2009,
280	shall be accomplished pursuant to rules adopted by the board.
281	Section 5.  Section 477.019, Florida Statutes, is amended
282	to read:
283	477.019  Cosmetologists; hair technicians; estheticians;
284	nail technicians; qualifications; licensure; supervised
285	practice; license renewal; endorsement; continuing education.--
286	(1)  A person desiring to be licensed in the field of
287	cosmetology as a cosmetologist shall apply to the department for
288	licensure.
289	(2)  An applicant is shall be eligible for licensure by
290	examination to practice cosmetology, hair technician services,
291	esthetician services, or nail technician services if the
292	applicant:
293	(a)  Is at least 16 years of age or has received a high
294	school diploma or graduate equivalency diploma or has passed an
295	ability-to-benefit test, which is an independently administered
296	test approved by the United States Secretary of Education as
297	provided in 20 U.S.C. s. 1091(d).;
298	(b)  Pays the required application fee, which is not
299	refundable, and the required examination fee, which is
300	refundable if the applicant is determined to not be eligible for
301	licensure for any reason other than failure to successfully
302	complete the licensure examination.; and
303	(c)1.  Is authorized to practice cosmetology in another
304	state or country, has been so authorized for at least 1 year,
305	and does not qualify for licensure by endorsement as provided
306	for in subsection (6); or
307	2.a.  Has received a minimum number of hours of training as
308	follows:
309	(I)  For a hair technician, 1,000 hours.
310	(II)  For an esthetician, 600 hours.
311	(III)  For a nail technician, 350 hours.
312	(IV)  For a cosmetologist, 1,800 hours, composed of
313	training from the hair technician, esthetician, and nail
314	technician curricula.
315
316	The board shall adopt rules to prevent an applicant from having
317	to repeat curricula components. A person who holds one or more
318	licenses may obtain an additional license by completing training
319	as determined by board rule. The board shall consult with the
320	Department of Education and the Commission for Independent
321	Education on the development of such rules.
322	b.  The training Has received a minimum of 1,200 hours of
323	training as established by the board, which shall include, but
324	need shall not be limited to, the equivalent of completion of
325	services directly related to the practice of cosmetology at one
326	of the following:
327	(I)a.  A school of cosmetology licensed pursuant to chapter
328	1005.
329	(II)b.  A cosmetology program within the public school
330	system.
331	(III)c.  The Cosmetology Division of the Florida School for
332	the Deaf and the Blind, provided the division meets the
333	standards of this chapter.
334	(IV)d.  A government-operated cosmetology program in this
335	state.
336	c.  A person who has enrolled and begun his or her
337	education before July 1, 2009, may take the examination to be
338	licensed as a cosmetologist upon completion of 1,200 hours of
339	education.
340	d.  A person who begins his or her education on or after
341	July 1, 2009, shall comply with the hour requirements in sub-
342	subparagraph a. in order to qualify to take his or her
343	respective examination.
344
345	The board shall establish by rule procedures whereby the school
346	or program may certify that a person is qualified to take the
347	required examination after the completion of a minimum of 1,000
348	actual school hours. If the person then passes the examination,
349	he or she shall have satisfied this requirement; but if the
350	person fails the examination, he or she shall not be qualified
351	to take the examination again until the completion of the full
352	requirements provided by this section.
353	(3)  Upon an applicant receiving a passing grade, as
354	established by board rule, on the examination and paying the
355	initial licensing fee, the department shall issue a license to
356	practice in the applicant's respective area of cosmetology
357	provided in s. 477.013(4).
358	(4)  After submitting a complete application to take the
359	first available examination for licensure as a cosmetologist,
360	hair technician, esthetician, or nail technician, a graduate of
361	a licensed cosmetology school or a program within the public
362	school system, which school or program is certified by the
363	Department of Education, is eligible to practice in the
364	graduate's respective area for a maximum period of 60 days,
365	provided such graduate practices under the supervision of a
366	professional licensed under this chapter in a licensed salon. A
367	graduate who fails to pass an examination the first time may
368	continue to practice under the supervision of a professional
369	licensed under this chapter in a licensed salon for an
370	additional 60-day period, provided the graduate applies for the
371	next available examination. A graduate may not continue to
372	practice under this subsection if the graduate fails the
373	examination twice. Following the completion of the first
374	licensing examination and pending the results of that
375	examination and issuance of a license to practice cosmetology,
376	graduates of licensed cosmetology schools or cosmetology
377	programs offered in public school systems, which schools or
378	programs are certified by the Department of Education, are
379	eligible to practice cosmetology, provided such graduates
380	practice under the supervision of a licensed cosmetologist in a
381	licensed cosmetology salon. A graduate who fails the first
382	examination may continue to practice under the supervision of a
383	licensed cosmetologist in a licensed cosmetology salon if the
384	graduate applies for the next available examination and until
385	the graduate receives the results of that examination. No
386	graduate may continue to practice under this subsection if the
387	graduate fails the examination twice.
388	(5)  Renewal of license registration shall be accomplished
389	pursuant to rules adopted by the board.
390	(6)  The board shall adopt rules specifying procedures for
391	the licensure by endorsement of practitioners desiring to be
392	licensed in this state who hold a current active license in
393	another state or country and who have met qualifications
394	substantially similar to, equivalent to, or greater than the
395	qualifications required of applicants from this state. For
396	purposes of this subsection, work experience may be substituted
397	for required educational hours in the amount and manner provided
398	by board rule.
399	(7)(a)  The board shall prescribe by rule continuing
400	education requirements for licensees and registered specialists
401	that intended to ensure the protection of the public through
402	updated training of licensees and registered specialists, not to
403	exceed 16 hours biennially, as a condition for renewal of a
404	license or registration as a specialist under this chapter.
405	Continuing education courses shall include, but not be limited
406	to, the following subjects as they relate to the practice of
407	cosmetology: HIV/AIDS human immunodeficiency virus and acquired
408	immune deficiency syndrome; Occupational Safety and Health
409	Administration regulations; workers' compensation issues; state
410	and federal laws and rules as they pertain to cosmetologists,
411	the practice of cosmetology, salons, specialists, specialty
412	salons, and booth renters; chemical makeup as it pertains to
413	hair, skin, and nails; and environmental issues. Courses given
414	at educational cosmetology conferences may be counted toward the
415	number of continuing education hours required if approved by the
416	board.
417	(b)  Any person whose occupation or practice is confined
418	solely to hair braiding, hair wrapping, or body wrapping is
419	exempt from the continuing education requirements of this
420	subsection.
421	(c)  The board may, by rule, require any licensee in
422	violation of a continuing education requirement to take a
423	refresher course or refresher course and examination in addition
424	to any other penalty. The number of hours for the refresher
425	course may not exceed 48 hours.
426	Section 6.  Section 477.0212, Florida Statutes, is amended
427	to read:
428	477.0212  Inactive status.--
429	(1)  A cosmetologist's license issued under this chapter
430	which that has become inactive may be reactivated under s.
431	477.019 upon application to the department.
432	(2)  The board shall adopt promulgate rules relating to
433	licenses that which have become inactive and for the renewal of
434	inactive licenses. The board shall prescribe by rule a fee not
435	to exceed $50 for the reactivation of an inactive license and a
436	fee not to exceed $50 for the renewal of an inactive license.
437	The board shall prescribe by rule the continuing education
438	requirements to be met prior to license renewal or reactivation.
439	Section 7.  Section 477.023, Florida Statutes, is amended
440	to read:
441	477.023  Schools of cosmetology; licensure.--A No private
442	school of cosmetology may not shall be permitted to operate
443	without a license issued by the Commission for Independent
444	Education pursuant to chapter 1005. However, this chapter does
445	not nothing herein shall be construed to prevent certification
446	by the Department of Education of grooming and salon services
447	and cosmetology training programs within the public school
448	system or to prevent government operation of any other program
449	of cosmetology in this state.
450	Section 8.  Section 477.025, Florida Statutes, is amended
451	to read:
452	477.025  Cosmetology salons; specialty Salons; requisites;
453	licensure; inspection; mobile cosmetology salons.--
454	(1)  No cosmetology salon or specialty salon shall be
455	permitted to operate without a license issued by the department
456	except as provided in subsection (11).
457	(2)  The board shall adopt rules governing the licensure
458	and operation of salons and specialty salons and their
459	facilities, personnel, and safety and sanitary requirements, and
460	the license application and granting process.
461	(3)  Any person, firm, or corporation desiring to operate a
462	cosmetology salon or specialty salon in the state shall submit
463	to the department a salon an application form upon forms
464	provided by the department, and accompanied by any relevant
465	information requested by the department, and by an application
466	fee.
467	(4)  Upon receiving the application, the department may
468	cause an investigation to be made of the proposed cosmetology
469	salon or specialty salon.
470	(5)  When an applicant fails to meet all the requirements
471	provided in this section herein, the department shall deny the
472	application in writing and shall list the specific requirements
473	not met. No applicant denied licensure because of failure to
474	meet the requirements of this section herein shall be precluded
475	from reapplying for licensure.
476	(6)  When the department determines that the proposed
477	cosmetology salon or specialty salon may reasonably be expected
478	to meet the requirements set forth in this section herein, the
479	department shall grant the license upon such conditions as it
480	shall deem proper under the circumstances and upon payment of
481	the original licensing fee.
482	(7)  No license for operation of a cosmetology salon or
483	specialty salon may be transferred from the name of the original
484	licensee to another. It may be transferred from one location to
485	another only upon approval by the department, which approval
486	shall not be unreasonably withheld.
487	(8)  Renewal of license registration for cosmetology salons
488	or specialty salons shall be accomplished pursuant to rules
489	adopted by the board. The board is further authorized to adopt
490	rules governing delinquent renewal of licenses and may impose
491	penalty fees for delinquent renewal.
492	(9)  The board is authorized to adopt rules governing the
493	periodic inspection of cosmetology salons and specialty salons
494	licensed under this chapter.
495	(10)(a)  The board shall adopt rules governing the
496	licensure, operation, and inspection of mobile cosmetology
497	salons, including their facilities, personnel, and safety and
498	sanitary requirements.
499	(b)  Each mobile salon must comply with all licensure and
500	operating requirements specified in this chapter or chapter 455
501	or rules of the board or department that apply to cosmetology
502	salons at fixed locations, except to the extent that such
503	requirements conflict with this subsection or rules adopted
504	pursuant to this subsection.
505	(c)  A mobile cosmetology salon must maintain a permanent
506	business address, located in the inspection area of the local
507	department office, at which records of appointments,
508	itineraries, license numbers of employees, and vehicle
509	identification numbers of the licenseholder's mobile salon shall
510	be kept and made available for verification purposes by
511	department personnel, and at which correspondence from the
512	department can be received.
513	(d)  To facilitate periodic inspections of mobile
514	cosmetology salons, prior to the beginning of each month, each
515	mobile salon licenseholder must file with the board a written
516	monthly itinerary listing the locations where and the dates and
517	hours when the mobile salon will be operating.
518	(e)  The board shall establish fees for mobile cosmetology
519	salons, not to exceed the fees for cosmetology salons at fixed
520	locations.
521	(f)  The operation of mobile cosmetology salons must be in
522	compliance with all local laws and ordinances regulating
523	business establishments, with all applicable requirements of the
524	Americans with Disabilities Act relating to accommodations for
525	persons with disabilities, and with all applicable OSHA
526	requirements.
527	(11)  Facilities licensed under part II of chapter 400 or
528	under part I of chapter 429 are exempt from this section, and a
529	cosmetologist licensed pursuant to s. 477.019 may provide salon
530	services exclusively for facility residents.
531	Section 9.  Section 477.026, Florida Statutes, is amended
532	to read:
533	477.026  Fees; disposition.--
534	(1)  The board shall set fees according to the following
535	schedule:
536	(a)  For hair technicians, estheticians, nail technicians,
537	or cosmetologists, fees for original licensing, license renewal,
538	and delinquent renewal may shall not exceed $25.
539	(b)  For hair technicians, estheticians, nail technicians,
540	or cosmetologists, fees for endorsement application,
541	examination, and reexamination may shall not exceed $50.
542	(c)  For cosmetology and specialty salons, fees for license
543	application, original licensing, license renewal, and delinquent
544	renewal may shall not exceed $50.
545	(d)  For specialists, fees for application and endorsement
546	registration shall not exceed $30.
547	(d)(e)  For specialists, fees for initial registration,
548	registration renewal, and delinquent renewal may shall not
549	exceed $50.
550	(e)(f)  For hair braiders, hair wrappers, and body
551	wrappers, fees for registration may shall not exceed $25.
552	(2)  All moneys collected by the department from fees
553	authorized by this chapter shall be paid into the Professional
554	Regulation Trust Fund, which fund is created in the department,
555	and shall be applied in accordance with ss. 215.37 and 455.219.
556	The Legislature may appropriate any excess moneys from this fund
557	to the General Revenue Fund.
558	(3)  The department, with the advice of the board, shall
559	prepare and submit a proposed budget in accordance with law.
560	Section 10.  Section 477.0263, Florida Statutes, is amended
561	to read:
562	477.0263  Cosmetology or specialty services to be performed
563	in licensed salon; exceptions exception.--
564	(1)  Cosmetology or specialty services shall be performed
565	only by licensed cosmetologists, hair technicians, estheticians,
566	or nail technicians or registered specialists in licensed
567	salons, except as otherwise provided in this section.
568	(2)  Pursuant to rules established by the board,
569	cosmetology or specialty services may be performed by a licensed
570	cosmetologist, hair technician, esthetician, or nail technician
571	or a registered specialist in a location other than a licensed
572	salon, including, but not limited to, a nursing home, hospital,
573	or residence, when a client for reasons of ill health is unable
574	to go to a licensed salon. Arrangements for the performance of
575	such cosmetology or specialty services in a location other than
576	a licensed salon shall be made only through a licensed salon.
577	(3)  Any person who holds a valid cosmetology license in
578	any state or who is authorized to practice cosmetology in any
579	country, territory, or jurisdiction of the United States may
580	perform cosmetology services in a location other than a licensed
581	salon when such services are performed in connection with the
582	motion picture, fashion photography, theatrical, or television
583	industry; a photography studio salon; a manufacturer trade show
584	demonstration; a department store demonstration; or an
585	educational seminar.
586	(4)  Pursuant to rules established by the board,
587	cosmetology, hair technician, esthetician, nail technician, or
588	specialty services may be performed in a location other than a
589	licensed salon when such services are performed in connection
590	with a special event and are performed by a person who is
591	employed by a licensed salon and who holds the proper license or
592	specialty registration. An appointment for the performance of
593	such services in a location other than a licensed salon shall be
594	made through a licensed salon.
595	Section 11.  Section 477.0265, Florida Statutes, is amended
596	to read:
597	477.0265  Prohibited acts.--
598	(1)  It is unlawful for any person to:
599	(a)  Engage in the practice of cosmetology or a specialty
600	without an active license in the field of cosmetology unless
601	authorized as a cosmetologist or registration as a specialist
602	issued by the department pursuant to the provisions of this
603	chapter.
604	(b)  Own, operate, maintain, open, establish, conduct, or
605	have charge of, either alone or with another person or persons,
606	a cosmetology salon or specialty salon:
607	1.  That Which is not licensed under the provisions of this
608	chapter; or
609	2.  In which a person not licensed in the field of
610	cosmetology or registered as a cosmetologist or a specialist is
611	permitted to perform cosmetology services or any specialty.
612	(c)  Engage in willful or repeated violations of this
613	chapter or of any rule adopted by the board.
614	(d)  Permit an employed person to engage in the practice of
615	cosmetology or of a specialty unless such person holds a valid,
616	active license in the field of cosmetology or is authorized as a
617	cosmetologist or holds a registration as a specialist.
618	(e)  Obtain or attempt to obtain a license or registration
619	for money, other than the required fee, or any other thing of
620	value or by fraudulent misrepresentations.
621	(f)  Use or attempt to use a license to practice in the
622	field of cosmetology or a registration to practice a specialty,
623	which license or registration is suspended or revoked.
624	(g)  Advertise or imply that skin care services or body
625	wrapping, as performed under this chapter, has have any
626	relationship to the practice of massage therapy as defined in s.
627	480.033(3), except those practices or activities defined in s.
628	477.013.
629	(h)  In the practice of cosmetology or specialty services,
630	use or possess a cosmetic product containing a liquid nail
631	monomer containing any trace of methyl methacrylate (MMA).
632	(2)  Any person who violates any provision of this section
633	commits a misdemeanor of the second degree, punishable as
634	provided in s. 775.082 or s. 775.083.
635	Section 12.  Section 477.028, Florida Statutes, is amended
636	to read:
637	477.028  Disciplinary proceedings.--
638	(1)  The board may shall have the power to revoke or
639	suspend the license of a cosmetologist, hair technician,
640	esthetician, or nail technician licensed under this chapter, or
641	the registration of a specialist registered under this chapter,
642	and may to reprimand, censure, deny subsequent licensure or
643	registration of, or otherwise discipline a cosmetologist, hair
644	technician, esthetician, nail technician, or a specialist
645	licensed or registered under this chapter in any of the
646	following cases:
647	(a)  Upon proof that a license or registration has been
648	obtained by fraud or misrepresentation.
649	(b)  Upon proof that the holder of a license or
650	registration is guilty of fraud or deceit or of gross
651	negligence, incompetency, or misconduct in the practice or
652	instruction of cosmetology or a specialty.
653	(c)  Upon proof that the holder of a license or
654	registration is guilty of aiding, assisting, procuring, or
655	advising any unlicensed person to practice in the field of
656	cosmetology as a cosmetologist.
657	(2)  The board may shall have the power to revoke or
658	suspend the license of a cosmetology salon or a specialty salon
659	licensed under this chapter;, to deny subsequent licensure of
660	such salon;, or to reprimand, censure, or otherwise discipline
661	the owner of such salon in either of the following cases:
662	(a)  Upon proof that a license has been obtained by fraud
663	or misrepresentation.
664	(b)  Upon proof that the holder of a license is guilty of
665	fraud or deceit or of gross negligence, incompetency, or
666	misconduct in the operation of the salon so licensed.
667	(3)  Disciplinary proceedings shall be conducted pursuant
668	to the provisions of chapter 120.
669	(4)  The department may shall not issue or renew a license
670	or certificate of registration under this chapter to any person
671	against whom or salon against which the board has assessed a
672	fine, interest, or costs associated with investigation and
673	prosecution until the person or salon has paid in full such
674	fine, interest, or costs associated with investigation and
675	prosecution or until the person or salon complies with or
676	satisfies all terms and conditions of the final order.
677	Section 13.  Section 477.029, Florida Statutes, is amended
678	to read:
679	477.029  Penalty.--
680	(1)  It is unlawful for any person to:
681	(a)  Hold himself or herself out as a cosmetologist, hair
682	technician, esthetician, nail technician, specialist, hair
683	wrapper, hair braider, or body wrapper unless duly licensed or
684	registered, or otherwise authorized, as provided in this
685	chapter.
686	(b)  Operate any cosmetology salon unless it has been duly
687	licensed as provided in this chapter.
688	(c)  Permit an employed person to practice cosmetology or a
689	specialty unless duly licensed or registered, or otherwise
690	authorized, as provided in this chapter.
691	(d)  Present as his or her own the license of another.
692	(e)  Give false or forged evidence to the department in
693	obtaining any license provided for in this chapter.
694	(f)  Impersonate any other licenseholder of like or
695	different name.
696	(g)  Use or attempt to use a license that has been revoked.
697	(h)  Violate any provision of s. 455.227(1), s. 477.0265,
698	or s. 477.028.
699	(i)  Violate or refuse to comply with any provision of this
700	chapter or chapter 455 or a rule or final order of the board or
701	the department.
702	(2)  Any person who violates the provisions of this section
703	is shall be subject to one or more of the following penalties,
704	as determined by the board:
705	(a)  Revocation or suspension of any license or
706	registration issued pursuant to this chapter.
707	(b)  Issuance of a reprimand or censure.
708	(c)  Imposition of an administrative fine not to exceed
709	$500 for each count or separate offense.
710	(d)  Placement on probation for a period of time and
711	subject to such reasonable conditions as the board may specify.
712	(e)  Refusal to certify to the department an applicant for
713	licensure.
714	Section 14.  Section 477.0201, Florida Statutes, is
715	repealed.
716	Section 15.  (1)  For the 2008-2009 fiscal year, the sum of
717	$60,149 in nonrecurring funds is appropriated from the
718	Administrative Trust Fund of the Department of Business and
719	Professional Regulation to carry out the central-service
720	administrative support functions related to the licensing
721	provisions of this act.
722	(2)  This section shall take effect July 1, 2008.
723	Section 16.  Except as otherwise expressly provided in this
724	act and except for this section, which shall take effect July 1,
725	2008, this act shall take effect July 1, 2009.

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