CS/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 specified services and exclude
5	artificial nails and use of certain skin treatments;
6	defining "hair stylist," "esthetician," and "nail
7	technician"; including body wrapping within esthetician
8	services; removing a distinction between specialty salons
9	and other salons; creating s. 477.0131, F.S.; authorizing
10	licensure for cosmetologists, hair stylists, estheticians,
11	and nail technicians; amending s. 477.0132, F.S.;
12	authorizing renewal of current body wrapping
13	registrations; increasing length of required course;
14	specifying that only the Board of Cosmetology may review,
15	evaluate, and approve required course and text; amending
16	s. 477.014, F.S.; revising requirements for qualification
17	to practice under ch. 477, F.S.; authorizing current
18	specialists to sit for licensure examinations in certain
19	circumstances; providing for the renewal of current
20	specialty registrations; amending s. 477.016, F.S.;
21	requiring the Board of Cosmetology to adopt rules relating
22	to protection of health of clients, nail technicians, and
23	estheticians; amending s. 477.019, F.S.; revising
24	qualification, education, licensure and renewal,
25	supervised practice, and endorsement requirements to
26	include and differentiate such requirements for
27	cosmetologists, hair stylists, estheticians, and nail
28	technicians; requiring the board to adopt certain
29	procedures relating to licensure by endorsement; amending
30	s. 477.0212, F.S.; requiring the board to adopt certain
31	rules relating to license renewal or continuing education;
32	amending s. 477.023, F.S.; stipulating that the Department
33	of Education is not prevented from issuing certain
34	grooming and salon services certification; amending s.
35	477.025, F.S., relating to cosmetology and specialty
36	salons, requisites, licensure, inspection, and mobile
37	cosmetology salons, to conform; amending s. 477.026, F.S.;
38	revising fee provisions to conform; amending s. 477.0263,
39	F.S.; specifying circumstances under which cosmetology,
40	hair stylist, esthetician, nail technician, or specialty
41	services may be practiced outside of a licensed salon;
42	amending s. 477.0265, F.S., relating to prohibited acts,
43	to conform; prohibiting the use or possession of a credo
44	in the provision of cosmetology, nail technician, or
45	manicure or pedicure specialty services; amending s.
46	477.028, F.S., relating to disciplinary proceedings, to
47	conform; amending s. 477.029, F.S., relating to penalties,
48	to conform; repealing s. 477.0201, F.S., relating to
49	specialty registration, qualifications, registration
50	renewal, and endorsement; requiring a report to the
51	Legislature on the use of a national examination for
52	certain licenses in order to improve reciprocity with
53	other states; providing appropriations; providing
54	effective dates.
55
56	Be It Enacted by the Legislature of the State of Florida:
57
58	Section 1.  Effective July 1, 2009, section 477.013,
59	Florida Statutes, is amended to read:
60	477.013  Definitions.--As used in this chapter, the term:
61	(1)  "Board" means the Board of Cosmetology.
62	(2)  "Department" means the Department of Business and
63	Professional Regulation.
64	(3)  "Cosmetologist" means a person who is licensed under
65	this chapter to engage in the practice of cosmetology in this
66	state under the authority of this chapter.
67	(4)  "Cosmetology" means the mechanical or chemical
68	treatment of the head, face, and scalp for aesthetic rather than
69	medical purposes, including, but not limited to, hair
70	shampooing, hair cutting, hair arranging, hair coloring,
71	permanent waving, and hair relaxing for compensation. This term
72	also includes performing all the services of a hair stylist; the
73	services of a nail technician, including manicures and pedicures
74	of the natural nails, but not related to artificial nails; basic
75	hair removal by use of waxing and tweezing; and, basic skin care
76	services for facials with use of oils, creams, and lotions but
77	not the use of chemical peels and other skin treatments hair
78	removal, including wax treatments, manicures, pedicures, and
79	skin care services.
80	(5)  "Esthetician" means a person who is licensed under the
81	authority of this chapter to perform or offer to perform for
82	compensation the following services:
83	(a)  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	(b)  Beautifying a person's skin using a cosmetic
88	preparation, antiseptic, lotion, powder, oil, clay, cream, or
89	appliance.
90	(c)  Administering facial treatments.
91	(d)  Removing superfluous hair from a person's body using
92	depilatories, threading, waxing, sugaring, or tweezing.
93	(e)  Tinting eyebrows or eyelashes with products
94	manufactured specifically for eyebrows or eyelashes.
95	(f)  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	(g)  Submersing parts of the body in a bath of clay, oils,
103	lotions, or other fluids.
104	(6)  "Hair stylist" means a person who is licensed under
105	this chapter to perform or offer to perform for compensation the
106	following services:
107	(a)  Treating a person's hair by:
108	1.  Providing any method of treatment as a primary service,
109	including arranging, beautifying, lightening, cleansing,
110	coloring, cutting, dressing, processing, shampooing, shaping,
111	singeing, straightening, styling, tinting, or waving;
112	2.  Providing a necessary service that is preparatory or
113	ancillary to a service under subparagraph 1., including
114	clipping, cutting, or trimming; or
115	3.  Cutting a person's hair as a separate and independent
116	service for which a charge is directly or indirectly made
117	separately from charges for any other service.
118	(b)  Weaving or braiding a person's hair.
119	(c)  Shampooing and conditioning a person's hair.
120	(d)  Servicing a person's wig or artificial hairpiece on
121	that person's head in any manner listed in paragraph (a).
122	(e)  Treating a person's mustache or beard by coloring,
123	processing, styling, or trimming.
124	(f)  Providing basic hair removal by use of waxing or
125	tweezing of the eyebrows and upper and lower lip.
126	(7)  "Nail technician" means a person who is licensed under
127	this chapter to perform or offer to perform for compensation the
128	following services:
129	(a)  Treating a person's nails by:
130	1.  Cutting, trimming, polishing, painting, printing,
131	tinting, coloring, cleansing, manicuring, or pedicuring;
132	2.  Affixing artificial nails, acrylic nails, gel nails,
133	extensions, or capping; or
134	3.  Utilizing drills and other mechanical devices on the
135	nails and cuticles.
136	(b)  Cleansing, treating, or beautifying a person's
137	forearms, hands, legs below the knee, or feet.
138	(8)  "Salon" means a place of business where the practice
139	of one or more cosmetology, hair stylist, esthetician, nail
140	technician, or specialty services are offered or performed for
141	compensation.
142	(9)(5)  "Specialist" means any person registered under s.
143	477.014(6) to practice one or more of the following specialties:
144	holding a specialty registration in one or more of the
145	specialties registered under this chapter.
146	(6)  "Specialty" means the practice of one or more of the
147	following:
148	(a)  Manicuring, or the cutting, polishing, tinting,
149	coloring, cleansing, adding, or extending of the nails, and
150	massaging of the hands. This term includes any procedure or
151	process for the affixing of artificial nails, except those nails
152	that which may be applied solely by use of a simple adhesive,
153	and massaging of the hands.
154	(b)  Pedicuring, or the shaping, polishing, tinting, or
155	cleansing of the nails of the feet, and massaging or beautifying
156	of the feet.
157	(c)  Facials, or the massaging or treating of the face or
158	scalp with oils, creams, lotions, or other preparations, and
159	skin care services without involving massage, as defined in s.
160	480.033(3).
161	(10)(7)  "Shampooing" means the cleansing washing of the
162	hair with soap and water or with a special preparation, or
163	applying hair tonics.
164	(8)  "Specialty salon" means any place of business wherein
165	the practice of one or all of the specialties as defined in
166	subsection (6) are engaged in or carried on.
167	(11)(9)  "Hair braiding" means the weaving or interweaving
168	of a person's own natural human hair for compensation without
169	cutting, coloring, permanent waving, relaxing, removing, or
170	chemical treatment and does not include the use of hair
171	extensions or wefts.
172	(12)(10)  "Hair wrapping" means the wrapping of
173	manufactured materials around a strand or strands of human hair,
174	for compensation, without cutting, coloring, permanent waving,
175	relaxing, removing, weaving, chemically treating, braiding,
176	using hair extensions, or performing any other service defined
177	as cosmetology.
178	(13)(11)  "Photography studio salon" means an establishment
179	where the hair-arranging services and the application of
180	cosmetic products are performed solely for the purpose of
181	preparing the model or client for the photographic session
182	without shampooing, cutting, coloring, permanent waving,
183	relaxing, or removing of hair or performing any other service
184	defined as cosmetology.
185	(14)(12)  "Body wrapping" means a treatment program that
186	uses herbal wraps for the purposes of cleansing and beautifying
187	the skin of the body, but does not include:
188	(a)  The application of oils, lotions, or other fluids to
189	the body, except fluids contained in presoaked materials used in
190	the wraps; or
191	(b)  Manipulation of the body's superficial tissue, other
192	than that arising from compression emanating from the wrap
193	materials.
194	(13)  "Skin care services" means the treatment of the skin
195	of the body, other than the head, face, and scalp, by the use of
196	a sponge, brush, cloth, or similar device to apply or remove a
197	chemical preparation or other substance, except that chemical
198	peels may be removed by peeling an applied preparation from the
199	skin by hand. Skin care services must be performed by a licensed
200	cosmetologist or facial specialist within a licensed cosmetology
201	or specialty salon, and such services may not involve massage,
202	as defined in s. 480.033(3), through manipulation of the
203	superficial tissue.
204	Section 2.  Effective July 1, 2009, section 477.0131,
205	Florida Statutes, is created to read:
206	477.0131  Cosmetologist, hair stylist, esthetician, and
207	nail technician licenses.--
208	(1)  A person who is otherwise qualified by this chapter
209	and who is authorized to practice all of the services listed in
210	s. 477.013(4) shall be licensed as a cosmetologist.
211	(2)  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(6) shall be licensed as a hair stylist.
214	(3)  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(5) shall be licensed as an esthetician.
217	(4)  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(7) shall be licensed as a nail technician.
220	Section 3.  Effective July 1, 2009, section 477.0132,
221	Florida Statutes, is amended to read:
222	477.0132  Hair braiding, hair wrapping, and body wrapping
223	registration.--
224	(1)(a)  A person Persons whose occupation or practice is
225	confined solely to hair braiding shall must register with the
226	department, shall pay the applicable registration fee, and shall
227	take a two-day 16-hour course. The course shall be board
228	approved and consist of 5 hours of instruction in HIV/AIDS and
229	other communicable diseases, 5 hours of instruction in
230	sanitation and sterilization, 4 hours of instruction in
231	disorders and diseases of the scalp, and 2 hours of instruction
232	in studies regarding laws affecting hair braiding.
233	(2)(b)  A person Persons whose occupation or practice is
234	confined solely to hair wrapping shall must register with the
235	department, shall pay the applicable registration fee, and shall
236	take a one-day 6-hour course. The course shall be board approved
237	and consist of instruction education in HIV/AIDS and other
238	communicable diseases, sanitation and sterilization, disorders
239	and diseases of the scalp, and studies regarding laws affecting
240	hair wrapping.
241	(3)(c)  Unless otherwise licensed or exempted from
242	licensure under this chapter, any person whose occupation or
243	practice is confined solely to body wrapping must register with
244	the department, pay the applicable registration fee, and take a
245	40-hour two-day 12-hour course. The course shall be board
246	approved and include, but not be limited to, instruction in body
247	systems, contraindications, consist of education in HIV/AIDS and
248	other communicable diseases, sanitation and sterilization,
249	disorders and diseases of the skin, and studies regarding laws
250	affecting body wrapping.
251	(4)(d)  Only the board may review, evaluate, and approve a
252	course and text required of an applicant for registration under
253	this section subsection in the occupation or practice of hair
254	braiding, hair wrapping, or body wrapping. A provider of such a
255	course is not required to hold a license under chapter 1005.
256	(5)(2)  Hair braiding, hair wrapping, and body wrapping are
257	not required to be practiced in a cosmetology salon or specialty
258	salon. When hair braiding, hair wrapping, or body wrapping is
259	practiced outside a cosmetology salon or specialty salon,
260	disposable implements shall must be used or all implements shall
261	must be sanitized in a disinfectant approved for hospital use or
262	approved by the federal Environmental Protection Agency.
263	(6)(3)  Pending issuance of registration, a person is
264	eligible to practice hair braiding, hair wrapping, or body
265	wrapping upon submission of a registration application that
266	includes proof of successful completion of the education
267	requirements and payment of the applicable fees required by this
268	chapter.
269	Section 4.  Effective July 1, 2009, section 477.014,
270	Florida Statutes, is amended to read:
271	477.014  Qualifications for practice.--
272	(1)  On and after July January 1, 2009, a 1979, no person
273	who is not other than a duly licensed or registered under this
274	chapter may not cosmetologist shall practice in any of the areas
275	provided in s. 477.013(4), (5), (6), or (7) cosmetology or use
276	the name or title of cosmetologist, hair stylist, esthetician,
277	or nail technician.
278	(2)  A person licensed or registered under this chapter on
279	or after July 1, 2009, may not practice or hold himself or
280	herself out as qualified to practice in an area in which he or
281	she is not specifically licensed or registered under this
282	chapter.
283	(3)  A cosmetologist licensed before July 1, 2009, may
284	perform all the services of a licensed cosmetologist as defined
285	in s. 477.013(4), including manicures and pedicures related to
286	artificial nails.
287	(4)  A facial specialist registered or enrolled in a
288	cosmetology school before July 1, 2009, may take the examination
289	for an esthetician license.
290	(5)  A manicure, pedicure, or nail extension specialist
291	registered or enrolled in a cosmetology school before July 1,
292	2009, may take the examination for a nail technician license.
293	(6)  A specialist registered under this chapter before July
294	1, 2009, may continue to practice under the name of his or her
295	specialty registration without taking the respective licensure
296	examination. Renewal of all registrations, including a full
297	specialty registration that includes facial, manicure, pedicure,
298	and nail extension specialties, existing before July 1, 2009,
299	shall be accomplished pursuant to rules adopted by the board.
300	Section 5.  Subsections (3) and (4) are added to section
301	477.016, Florida Statutes, to read:
302	477.016  Rulemaking.--
303	(3)  To further the protection of the health of persons
304	authorized by this chapter to perform natural or artificial nail
305	services and their clients, the board shall adopt rules to
306	require and enforce the following:
307	(a)  Maintenance of a clean and safe work area through
308	pedicure equipment disinfection requirements after each client's
309	pedicure to include use of hospital grade bactericidal,
310	fungicidal, and pseudomonacidal disinfectant for at least 10
311	minutes.
312	(b)  Maintenance of clean and infection-free equipment by
313	ensuring standards for drills and other mechanical equipment
314	that require them to be either disposable or disinfected between
315	clients to prevent the transmission of infections and diseases.
316	(c)  Provision of notice to and education of clients with
317	visible skin diseases, fungal or other types of infections, or
318	contagious conditions that services cannot be provided without a
319	signed statement by a physician indicating that there is no
320	public health problem to the clients themselves, to the
321	technicians, or to other clients.
322	(4)  To further the protection of the health of persons
323	authorized by this chapter to provide basic facials or advanced
324	skin treatment services involving chemicals and their clients,
325	the board shall adopt rules to require and enforce the
326	following:
327	(a)  Maintenance of a clean and safe work area according to
328	standards adopted by the board.
329	(b)  Provision of notice to and education of clients with
330	visible skin diseases, fungal or other types of infections, or
331	contagious conditions that services cannot be provided without a
332	signed statement by a physician indicating that there is no
333	public health problem to the clients themselves, to the
334	estheticians, or to other clients.
335	Section 6.  Paragraph (c) of subsection (2) of section
336	477.019, Florida Statutes, is amended, subsections (3) through
337	(7) of that section are renumbered as subsections (4) through
338	(8), respectively, and a new subsection (3) is added to that
339	section, to read:
340	477.019  Cosmetologists; qualifications; licensure;
341	supervised practice; license renewal; endorsement; continuing
342	education.--
343	(2)  An applicant shall be eligible for licensure by
344	examination to practice cosmetology if the applicant:
345	(c)1.  Is authorized to practice cosmetology in another
346	state or country, has been so authorized for at least 1 year,
347	and does not qualify for licensure by endorsement as provided
348	for in subsection (7) (6); or
349	2.  Has received a minimum of 1,200 hours of training as
350	established by the board, which shall include, but shall not be
351	limited to, the equivalent of completion of services directly
352	related to the practice of cosmetology at one of the following:
353	a.  A school of cosmetology licensed pursuant to chapter
354	1005.
355	b.  A cosmetology program within the public school system.
356	c.  The Cosmetology Division of the Florida School for the
357	Deaf and the Blind, provided the division meets the standards of
358	this chapter.
359	d.  A government-operated cosmetology program in this
360	state.
361
362	The board shall establish by rule procedures whereby the school
363	or program may certify that a person is qualified to take the
364	required examination after the completion of a minimum of 1,000
365	actual school hours. If the person then passes the examination,
366	he or she shall have satisfied this requirement; but if the
367	person fails the examination, he or she shall not be qualified
368	to take the examination again until the completion of the full
369	requirements provided by this section.
370	(3)  An application for the licensure examination for any
371	license under this section may be submitted for examination
372	approval in the last 100 hours of training by a pregraduate of a
373	licensed cosmetology school or a program within the public
374	school system, which school or program is certified by the
375	Department of Education with fees as required in paragraph
376	(2)(b). Upon approval, the applicant may schedule the
377	examination on a date when the training hours are completed. An
378	applicant shall have 6 months from the date of approval to take
379	the examination. After the 6 months have passed, if the
380	applicant failed to take the examination, the applicant must
381	reapply. The board shall establish by rule the procedures for
382	the pregraduate application process.
383	Section 7.  Effective July 1, 2009, section 477.019,
384	Florida Statutes, as amended by this act, is amended to read:
385	477.019  Cosmetologists; hair stylists; estheticians; nail
386	technicians; qualifications; licensure; supervised practice;
387	license renewal; endorsement; continuing education.--
388	(1)  A person desiring to be licensed under this chapter as
389	a cosmetologist shall apply to the department for licensure.
390	(2)  An applicant is shall be eligible for licensure by
391	examination to provide practice cosmetology, hair stylist,
392	esthetician, or nail technician services if the applicant:
393	(a)  Is at least 16 years of age or has received a high
394	school diploma or graduate equivalency diploma or has passed an
395	ability-to-benefit test, which is an independently administered
396	test approved by the United States Secretary of Education as
397	provided in 20 U.S.C. s. 1091(d).;
398	(b)  Pays the required application fee, which is not
399	refundable, and the required examination fee, which is
400	refundable if the applicant is determined to not be eligible for
401	licensure for any reason other than failure to successfully
402	complete the licensure examination.; and
403	(c)1.  Is authorized to practice cosmetology in another
404	state or country, has been so authorized for at least 1 year,
405	and does not qualify for licensure by endorsement as provided
406	for in subsection (7); or
407	2.a.  Has received a minimum number of hours of training as
408	follows:
409	(I)  For a hair stylist, 1,000 hours.
410	(II)  For an esthetician, 600 hours.
411	(III)  For a nail technician, 350 hours.
412	(IV)  For a cosmetologist, 1,500 hours.
413
414	The board shall adopt rules to prevent an applicant from having
415	to repeat curricula components. A person who holds one or more
416	licenses may obtain an additional license by completing training
417	as determined by board rule. The board shall consult with the
418	Department of Education and the Commission for Independent
419	Education on the development of such rules.
420	b.  The training Has received a minimum of 1,200 hours of
421	training as established by the board, which shall include, but
422	need shall not be limited to, the equivalent of completion of
423	services directly related to the practice of cosmetology at one
424	of the following:
425	(I)a.  A school of cosmetology licensed pursuant to chapter
426	1005.
427	(II)b.  A cosmetology program within the public school
428	system.
429	(III)c.  The Cosmetology Division of the Florida School for
430	the Deaf and the Blind, provided the division meets the
431	standards of this chapter.
432	(IV)d.  A government-operated cosmetology program in this
433	state.
434	c.  A person who has enrolled and begun his or her
435	education before July 1, 2009, may take the examination to be
436	licensed as a cosmetologist upon completion of 1,200 hours of
437	education.
438	d.  A person who begins his or her education on or after
439	July 1, 2009, shall comply with the hour requirements in sub-
440	subparagraph a. in order to qualify to take his or her
441	respective examination.
442
443	The board shall establish by rule procedures whereby the school
444	or program may certify that a person is qualified to take the
445	required examination after the completion of a minimum of 1,000
446	actual school hours. If the person then passes the examination,
447	he or she shall have satisfied this requirement; but if the
448	person fails the examination, he or she shall not be qualified
449	to take the examination again until the completion of the full
450	requirements provided by this section.
451	(3)  An application for the licensure examination for any
452	license under this section may be submitted for examination
453	approval in the last 100 hours of training by a pregraduate of a
454	licensed cosmetology school or a program within the public
455	school system, which school or program is certified by the
456	Department of Education with fees as required in paragraph
457	(2)(b). Upon approval, the applicant may schedule the
458	examination on a date when the training hours are completed. An
459	applicant shall have 6 months from the date of approval to take
460	the examination. After the 6 months have passed, if the
461	applicant failed to take the examination, the applicant must
462	reapply. The board shall establish by rule the procedures for
463	the pregraduate application process.
464	(4)  Upon an applicant receiving a passing grade, as
465	established by board rule, on the examination and paying the
466	initial licensing fee, the department shall issue a license to
467	practice in the applicant's respective area provided in s.
468	477.013(4), (5), (6), or (7) cosmetology.
469	(5)  If an applicant passes all parts of the licensure
470	examination for a cosmetologist, hair stylist, esthetician, or
471	nail technician the first time he or she takes the examination,
472	the passing applicant may practice until receipt of his or her
473	license, provided that he or she practices under the supervision
474	of an individual who holds the same active license or a
475	cosmetologist licensed prior to July 1, 2009. An applicant who
476	fails any part of the examination the first time he or she takes
477	the examination shall not practice as a cosmetologist, hair
478	stylist, esthetician, or nail technician and may immediately
479	reapply for reexamination.
480	(5)  Following the completion of the first licensing
481	examination and pending the results of that examination and
482	issuance of a license to practice cosmetology, graduates of
483	licensed cosmetology schools or cosmetology programs offered in
484	public school systems, which schools or programs are certified
485	by the Department of Education, are eligible to practice
486	cosmetology, provided such graduates practice under the
487	supervision of a licensed cosmetologist in a licensed
488	cosmetology salon. A graduate who fails the first examination
489	may continue to practice under the supervision of a licensed
490	cosmetologist in a licensed cosmetology salon if the graduate
491	applies for the next available examination and until the
492	graduate receives the results of that examination. No graduate
493	may continue to practice under this subsection if the graduate
494	fails the examination twice.
495	(6)  Renewal of license registration shall be accomplished
496	pursuant to rules adopted by the board.
497	(7)  The board shall adopt rules specifying procedures for
498	the licensure by endorsement of practitioners desiring to be
499	licensed in this state who hold a current active license in
500	another state or country and who have met qualifications
501	substantially similar to, equivalent to, or greater than the
502	qualifications required of applicants from this state. For
503	purposes of this subsection, work experience may be substituted
504	for required educational hours in the amount and manner provided
505	by board rule.
506	(8)(a)  The board shall prescribe by rule continuing
507	education requirements for licensees and registered specialists
508	that intended to ensure the protection of the public through
509	updated training of licensees and registered specialists, not to
510	exceed 16 hours biennially, as a condition for renewal of a
511	license or registration as a specialist under this chapter.
512	Continuing education courses shall include, but not be limited
513	to, the following subjects as they relate to the practice of
514	cosmetology: HIV/AIDS human immunodeficiency virus and acquired
515	immune deficiency syndrome; Occupational Safety and Health
516	Administration regulations; workers' compensation issues; state
517	and federal laws and rules as they pertain to cosmetologists,
518	the practice of cosmetology, salons, specialists, specialty
519	salons, and booth renters; chemical makeup as it pertains to
520	hair, skin, and nails; and environmental issues. Courses given
521	at educational cosmetology conferences may be counted toward the
522	number of continuing education hours required if approved by the
523	board.
524	(b)  Any person whose occupation or practice is confined
525	solely to hair braiding, hair wrapping, or body wrapping is
526	exempt from the continuing education requirements of this
527	subsection.
528	(c)  The board may, by rule, require any licensee in
529	violation of a continuing education requirement to take a
530	refresher course or refresher course and examination in addition
531	to any other penalty. The number of hours for the refresher
532	course may not exceed 48 hours.
533	Section 8.  Section 477.0212, Florida Statutes, is amended
534	to read:
535	477.0212  Inactive status.--
536	(1)  A cosmetologist's license issued under this chapter
537	which that has become inactive may be reactivated under s.
538	477.019 upon application to the department.
539	(2)  The board shall adopt promulgate rules relating to
540	licenses that which have become inactive and for the renewal of
541	inactive licenses. The board shall prescribe by rule a fee not
542	to exceed $50 for the reactivation of an inactive license and a
543	fee not to exceed $50 for the renewal of an inactive license.
544	The board shall prescribe by rule the continuing education
545	requirements to be met prior to license renewal or reactivation.
546	Section 9.  Section 477.023, Florida Statutes, is amended
547	to read:
548	477.023  Schools of cosmetology; licensure.--A No private
549	school of cosmetology may not shall be permitted to operate
550	without a license issued by the Commission for Independent
551	Education pursuant to chapter 1005. However, this chapter does
552	not nothing herein shall be construed to prevent certification
553	by the Department of Education of grooming and salon services
554	and cosmetology training programs within the public school
555	system or to prevent government operation of any other program
556	of cosmetology in this state.
557	Section 10.  Section 477.025, Florida Statutes, is amended
558	to read:
559	477.025  Cosmetology salons; specialty Salons; requisites;
560	licensure; inspection; mobile cosmetology salons.--
561	(1)  No cosmetology salon or specialty salon shall be
562	permitted to operate without a license issued by the department
563	except as provided in subsection (11).
564	(2)  The board shall adopt rules governing the licensure
565	and operation of salons and specialty salons and their
566	facilities, personnel, and safety and sanitary requirements, and
567	the license application and granting process.
568	(3)  Any person, firm, or corporation desiring to operate a
569	cosmetology salon or specialty salon in the state shall submit
570	to the department a salon an application form upon forms
571	provided by the department, and accompanied by any relevant
572	information requested by the department, and by an application
573	fee.
574	(4)  Upon receiving the application, the department may
575	cause an investigation to be made of the proposed cosmetology
576	salon or specialty salon.
577	(5)  When an applicant fails to meet all the requirements
578	provided in this section herein, the department shall deny the
579	application in writing and shall list the specific requirements
580	not met. No applicant denied licensure because of failure to
581	meet the requirements of this section herein shall be precluded
582	from reapplying for licensure.
583	(6)  When the department determines that the proposed
584	cosmetology salon or specialty salon may reasonably be expected
585	to meet the requirements set forth in this section herein, the
586	department shall grant the license upon such conditions as it
587	shall deem proper under the circumstances and upon payment of
588	the original licensing fee.
589	(7)  No license for operation of a cosmetology salon or
590	specialty salon may be transferred from the name of the original
591	licensee to another. It may be transferred from one location to
592	another only upon approval by the department, which approval
593	shall not be unreasonably withheld.
594	(8)  Renewal of license registration for cosmetology salons
595	or specialty salons shall be accomplished pursuant to rules
596	adopted by the board. The board is further authorized to adopt
597	rules governing delinquent renewal of licenses and may impose
598	penalty fees for delinquent renewal.
599	(9)  The board is authorized to adopt rules governing the
600	periodic inspection of cosmetology salons and specialty salons
601	licensed under this chapter.
602	(10)(a)  The board shall adopt rules governing the
603	licensure, operation, and inspection of mobile cosmetology
604	salons, including their facilities, personnel, and safety and
605	sanitary requirements.
606	(b)  Each mobile salon must comply with all licensure and
607	operating requirements specified in this chapter or chapter 455
608	or rules of the board or department that apply to cosmetology
609	salons at fixed locations, except to the extent that such
610	requirements conflict with this subsection or rules adopted
611	pursuant to this subsection.
612	(c)  A mobile cosmetology salon must maintain a permanent
613	business address, located in the inspection area of the local
614	department office, at which records of appointments,
615	itineraries, license numbers of employees, and vehicle
616	identification numbers of the licenseholder's mobile salon shall
617	be kept and made available for verification purposes by
618	department personnel, and at which correspondence from the
619	department can be received.
620	(d)  To facilitate periodic inspections of mobile
621	cosmetology salons, prior to the beginning of each month, each
622	mobile salon licenseholder must file with the board a written
623	monthly itinerary listing the locations where and the dates and
624	hours when the mobile salon will be operating.
625	(e)  The board shall establish fees for mobile cosmetology
626	salons, not to exceed the fees for cosmetology salons at fixed
627	locations.
628	(f)  The operation of mobile cosmetology salons must be in
629	compliance with all local laws and ordinances regulating
630	business establishments, with all applicable requirements of the
631	Americans with Disabilities Act relating to accommodations for
632	persons with disabilities, and with all applicable OSHA
633	requirements.
634	(11)  Facilities licensed under part II of chapter 400 or
635	under part I of chapter 429 are exempt from this section, and a
636	cosmetologist licensed pursuant to s. 477.019 may provide salon
637	services exclusively for facility residents.
638	Section 11.  Effective July 1, 2009, section 477.026,
639	Florida Statutes, is amended to read:
640	477.026  Fees; disposition.--
641	(1)  The board shall set fees according to the following
642	schedule:
643	(a)  For hair stylists, estheticians, nail technicians, or
644	cosmetologists, fees for original licensing, license renewal,
645	and delinquent renewal may shall not exceed $25.
646	(b)  For hair stylists, estheticians, nail technicians, or
647	cosmetologists, fees for endorsement application, examination,
648	and reexamination may shall not exceed $50.
649	(c)  For cosmetology and specialty salons, fees for license
650	application, original licensing, license renewal, and delinquent
651	renewal may shall not exceed $50.
652	(d)  For specialists, fees for application and endorsement
653	registration shall not exceed $30.
654	(d)(e)  For specialists, fees for initial registration,
655	registration renewal, and delinquent renewal may shall not
656	exceed $50.
657	(e)(f)  For hair braiders, hair wrappers, and body
658	wrappers, fees for registration may shall not exceed $25.
659	(2)  All moneys collected by the department from fees
660	authorized by this chapter shall be paid into the Professional
661	Regulation Trust Fund, which fund is created in the department,
662	and shall be applied in accordance with ss. 215.37 and 455.219.
663	The Legislature may appropriate any excess moneys from this fund
664	to the General Revenue Fund.
665	(3)  The department, with the advice of the board, shall
666	prepare and submit a proposed budget in accordance with law.
667	Section 12.  Effective July 1, 2009, section 477.0263,
668	Florida Statutes, is amended to read:
669	477.0263  Cosmetology, hair stylist, esthetician, nail
670	technician, or specialty services to be performed in licensed
671	salon; exceptions exception.--
672	(1)  Cosmetology, hair stylist, esthetician, nail
673	technician, or specialty services shall be performed only by
674	licensed cosmetologists, hair stylists, estheticians, or nail
675	technicians or registered specialists in licensed salons, except
676	as otherwise provided in this section.
677	(2)  Pursuant to rules established by the board,
678	cosmetology, hair stylist, esthetician, nail technician, or
679	specialty services may be performed by a licensed cosmetologist,
680	hair stylist, esthetician, or nail technician or a registered
681	specialist in a location other than a licensed salon, including,
682	but not limited to, a nursing home, hospital, or residence, when
683	a client for reasons of ill health is unable to go to a licensed
684	salon. Arrangements for the performance of such cosmetology,
685	hair stylist, esthetician, nail technician, or specialty
686	services in a location other than a licensed salon shall be made
687	only through a licensed salon.
688	(3)  Any person who holds a valid cosmetology license in
689	any state or who is authorized to practice cosmetology in any
690	country, territory, or jurisdiction of the United States may
691	perform cosmetology services in a location other than a licensed
692	salon when such services are performed in connection with the
693	motion picture, fashion photography, theatrical, or television
694	industry; a photography studio salon; a manufacturer trade show
695	demonstration; a department store demonstration; or an
696	educational seminar.
697	(4)  Pursuant to rules established by the board,
698	cosmetology, hair stylist, esthetician, nail technician, or
699	specialty services may be performed in a location other than a
700	licensed salon when such services are performed in connection
701	with a special event and are performed by a person who is
702	employed by a licensed salon and who holds the proper license or
703	specialty registration. An appointment for the performance of
704	such services in a location other than a licensed salon shall be
705	made through a licensed salon.
706	Section 13.  Paragraph (i) is added to subsection (1) of
707	section 477.0265, Florida Statutes, to read:
708	477.0265  Prohibited acts.--
709	(1)  It is unlawful for any person to:
710	(i)  In the practice of cosmetology, use or possess a
711	device containing a razor blade, commonly referred to as a
712	credo, to remove, scrape, and cut calluses from the hands or
713	feet.
714	(2)  Any person who violates any provision of this section
715	commits a misdemeanor of the second degree, punishable as
716	provided in s. 775.082 or s. 775.083.
717	Section 14.  Effective July 1, 2009, section 477.0265,
718	Florida Statutes, as amended by this act, is amended to read:
719	477.0265  Prohibited acts.--
720	(1)  It is unlawful for any person to:
721	(a)  Engage in the practice of cosmetology, hair stylist,
722	esthetician, or nail technician services or a specialty without
723	an active license as a cosmetologist, hair stylist, esthetician,
724	or nail technician or registration as a specialist issued by the
725	department pursuant to the provisions of this chapter.
726	(b)  Own, operate, maintain, open, establish, conduct, or
727	have charge of, either alone or with another person or persons,
728	a cosmetology salon or specialty salon:
729	1.  That Which is not licensed under the provisions of this
730	chapter; or
731	2.  In which a person not licensed as a cosmetologist, hair
732	stylist, esthetician, or nail technician or registered as a
733	cosmetologist or a specialist is permitted to perform
734	cosmetology, hair stylist, esthetician, or nail technician
735	services or any specialty.
736	(c)  Engage in willful or repeated violations of this
737	chapter or of any rule adopted by the board.
738	(d)  Permit an employed person to engage in the practice of
739	cosmetology, hair stylist, esthetician, or nail technician
740	services or of a specialty unless such person holds a valid,
741	active license as a cosmetologist, hair stylist, esthetician, or
742	nail technician or holds a registration as a specialist.
743	(e)  Obtain or attempt to obtain a license or registration
744	for money, other than the required fee, or any other thing of
745	value or by fraudulent misrepresentations.
746	(f)  Use or attempt to use a license to provide practice
747	cosmetology, hair styling, esthetician, or nail technician
748	services or a registration to practice a specialty, which
749	license or registration is suspended or revoked.
750	(g)  Advertise or imply that skin care services or body
751	wrapping, as performed under this chapter, has have any
752	relationship to the practice of massage therapy as defined in s.
753	480.033(3), except those practices or activities defined in s.
754	477.013.
755	(h)  In the provision practice of cosmetology, nail
756	technician, or specialty services, use or possess a cosmetic
757	product containing a liquid nail monomer containing any trace of
758	methyl methacrylate (MMA).
759	(i)  In the provision practice of cosmetology, nail
760	technician, or manicure or pedicure specialty services, use or
761	possess a device containing a razor blade, commonly referred to
762	as a credo, to remove, scrape, and cut calluses from the hands
763	or feet.
764	(2)  Any person who violates any provision of this section
765	commits a misdemeanor of the second degree, punishable as
766	provided in s. 775.082 or s. 775.083.
767	Section 15.  Effective July 1, 2009, section 477.028,
768	Florida Statutes, is amended to read:
769	477.028  Disciplinary proceedings.--
770	(1)  The board may shall have the power to revoke or
771	suspend the license of a cosmetologist, hair stylist,
772	esthetician, or nail technician licensed under this chapter, or
773	the registration of a specialist registered under this chapter,
774	and may to reprimand, censure, deny subsequent licensure or
775	registration of, or otherwise discipline a cosmetologist, hair
776	stylist, esthetician, nail technician, or a specialist licensed
777	or registered under this chapter in any of the following cases:
778	(a)  Upon proof that a license or registration has been
779	obtained by fraud or misrepresentation.
780	(b)  Upon proof that the holder of a license or
781	registration is guilty of fraud or deceit or of gross
782	negligence, incompetency, or misconduct in the practice or
783	instruction of cosmetology or a specialty.
784	(c)  Upon proof that the holder of a license or
785	registration is guilty of aiding, assisting, procuring, or
786	advising any unlicensed person to practice as a cosmetologist,
787	hair stylist, esthetician, or nail technician.
788	(2)  The board may shall have the power to revoke or
789	suspend the license of a cosmetology salon or a specialty salon
790	licensed under this chapter;, to deny subsequent licensure of
791	such salon;, or to reprimand, censure, or otherwise discipline
792	the owner of such salon in either of the following cases:
793	(a)  Upon proof that a license has been obtained by fraud
794	or misrepresentation.
795	(b)  Upon proof that the holder of a license is guilty of
796	fraud or deceit or of gross negligence, incompetency, or
797	misconduct in the operation of the salon so licensed.
798	(3)  Disciplinary proceedings shall be conducted pursuant
799	to the provisions of chapter 120.
800	(4)  The department may shall not issue or renew a license
801	or certificate of registration under this chapter to any person
802	against whom or salon against which the board has assessed a
803	fine, interest, or costs associated with investigation and
804	prosecution until the person or salon has paid in full such
805	fine, interest, or costs associated with investigation and
806	prosecution or until the person or salon complies with or
807	satisfies all terms and conditions of the final order.
808	Section 16.  Effective July 1, 2009, section 477.029,
809	Florida Statutes, is amended to read:
810	477.029  Penalty.--
811	(1)  It is unlawful for any person to:
812	(a)  Hold himself or herself out as a cosmetologist, hair
813	stylist, esthetician, nail technician, specialist, hair wrapper,
814	hair braider, or body wrapper unless duly licensed or
815	registered, or otherwise authorized, as provided in this
816	chapter.
817	(b)  Operate any cosmetology salon unless it has been duly
818	licensed as provided in this chapter.
819	(c)  Permit an employed person to provide practice
820	cosmetology, hairstyling, esthetician, nail technician, or a
821	specialty services unless duly licensed or registered, or
822	otherwise authorized, as provided in this chapter.
823	(d)  Present as his or her own the license of another.
824	(e)  Give false or forged evidence to the department in
825	obtaining any license provided for in this chapter.
826	(f)  Impersonate any other licenseholder of like or
827	different name.
828	(g)  Use or attempt to use a license that has been revoked.
829	(h)  Violate any provision of s. 455.227(1), s. 477.0265,
830	or s. 477.028.
831	(i)  Violate or refuse to comply with any provision of this
832	chapter or chapter 455 or a rule or final order of the board or
833	the department.
834	(2)  Any person who violates the provisions of this section
835	is shall be subject to one or more of the following penalties,
836	as determined by the board:
837	(a)  Revocation or suspension of any license or
838	registration issued pursuant to this chapter.
839	(b)  Issuance of a reprimand or censure.
840	(c)  Imposition of an administrative fine not to exceed
841	$500 for each count or separate offense.
842	(d)  Placement on probation for a period of time and
843	subject to such reasonable conditions as the board may specify.
844	(e)  Refusal to certify to the department an applicant for
845	licensure.
846	Section 17.  Effective July 1, 2009, section 477.0201,
847	Florida Statutes, is repealed.
848	Section 18.  The Department of Business and Professional
849	Regulation in conjunction with the Board of Cosmetology shall
850	evaluate the feasibility, processes, and associated costs of
851	using a national examination for cosmetology, hair stylist,
852	esthetician, and nail technician services licenses that would
853	improve reciprocity with other states. The findings of the
854	evaluation shall be made available to the Legislature and to the
855	public no later than January 1, 2009.
856	Section 19.  For the 2008-2009 fiscal year, the sums of
857	$22,712 in recurring funds and $51,000 in nonrecurring funds are
858	appropriated from the Administrative Trust Fund of the
859	Department of Business and Professional Regulation and the sums
860	of $18,755 in recurring funds and $24,696 in nonrecurring funds
861	are appropriated from the Professional Regulation Trust Fund of
862	the Department of Business and Professional Regulation to carry
863	out the licensing and regulatory functions of this act.
864	Section 20.  Except as otherwise expressly provided in this
865	act, this act shall take effect July 1, 2008.

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