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The Committee on Regulated Industries (Wise) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Effective July 1, 2009, section 477.013,

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Florida Statutes, is amended to read:

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     477.013 Definitions.--As used in this chapter, the term:

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

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

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Professional Regulation.

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     (3) "Cosmetologist" means a person who is licensed under

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this chapter to engage in the practice of cosmetology in this

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state under the authority of this chapter.

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     (4)  "Cosmetology" means the mechanical or chemical

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treatment of the head, face, and scalp for aesthetic rather than

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medical purposes, including, but not limited to, hair

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shampooing, hair cutting, hair arranging, hair coloring,

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permanent waving, and hair relaxing for compensation. This term

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also includes performing all the services of a hair stylist; the

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services of a nail technician, including manicures and pedicures

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of the natural nails, but not related to artificial nails; basic

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hair removal by use of waxing and tweezing; and, basic skin care

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services for facials with use of oils, creams, and lotions but

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not the use of chemical peels and other skin treatments hair

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removal, including wax treatments, manicures, pedicures, and

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skin care services.

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     (5) "Esthetician" means a person who is licensed under the

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authority of this chapter to perform or offer to perform for

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compensation the following services:

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     (a) Cleansing, exfoliating, or stimulating a person's skin

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by hand or by using a mechanical device, apparatus, or appliance

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with the use of any cosmetic preparation, antiseptic, lotion,

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powder, oil, clay, cream, or appliance.

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     (b) Beautifying a person's skin using a cosmetic

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

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appliance.

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     (c) Administering facial treatments.

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     (d) Removing superfluous hair from a person's body using

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depilatories, threading, waxing, sugaring, or tweezing.

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     (e) Tinting eyebrows or eyelashes with products

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manufactured specifically for eyebrows or eyelashes.

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     (f) Body wrapping, which is a treatment program that uses

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wraps for the purposes of cleansing and beautifying a person's

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skin for aesthetic rather than medical or weight-loss purposes

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and is the application of oils, lotions, or other fluids to the

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body using wraps. Body wrapping does not include manipulation of

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the body's superficial tissue, other than that resulting from

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the application of the wrap materials.

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     (g) Submersing parts of the body in a bath of clay, oils,

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lotions, or other fluids.

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     (6) "Hair stylist" means a person who is licensed under

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this chapter to perform or offer to perform for compensation the

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following services:

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     (a) Treating a person's hair by:

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     1. Providing any method of treatment as a primary service,

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including arranging, beautifying, lightening, cleansing,

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coloring, cutting, dressing, processing, shampooing, shaping,

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singeing, straightening, styling, tinting, or waving;

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     2. Providing a necessary service that is preparatory or

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ancillary to a service under subparagraph 1., including

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clipping, cutting, or trimming; or

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     3. Cutting a person's hair as a separate and independent

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service for which a charge is directly or indirectly made

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separately from charges for any other service.

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     (b) Weaving or braiding a person's hair.

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     (c) Shampooing and conditioning a person's hair.

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     (d) Servicing a person's wig or artificial hairpiece on

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that person's head in any manner listed in paragraph (a).

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     (e) Treating a person's mustache or beard by coloring,

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processing, styling, or trimming.

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     (f) Providing basic hair removal by use of waxing or

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tweezing of the eyebrows and upper and lower lip.

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     (7) "Nail technician" means a person who is licensed under

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this chapter to perform or offer to perform for compensation the

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following services:

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     (a) Treating a person's nails by:

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     1. Cutting, trimming, polishing, painting, printing,

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tinting, coloring, cleansing, manicuring, or pedicuring;

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     2. Affixing artificial nails, acrylic nails, gel nails,

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extensions, or capping; or

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     3. Utilizing drills and other mechanical devices on the

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nails and cuticles.

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     (b) Cleansing, treating, or beautifying a person's

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forearms, hands, legs below the knee, or feet.

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     (8) "Salon" means a place of business where the practice

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of one or more cosmetology, hair stylist, esthetician, nail

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technician, or specialty services are offered or performed for

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compensation.

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     (9)(5) "Specialist" means any person registered under s.

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477.014(6) to practice one or more of the following specialties:

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holding a specialty registration in one or more of the

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specialties registered under this chapter.

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

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following:

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

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

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massaging of the hands. This term includes any procedure or

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process for the affixing of artificial nails, except those nails

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that which may be applied solely by use of a simple adhesive,

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and massaging of the hands.

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

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

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of the feet.

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

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

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skin care services without involving massage, as defined in s.

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480.033(3).

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

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

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applying hair tonics.

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

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the practice of one or all of the specialties as defined in

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subsection (6) are engaged in or carried on.

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     (11)(9) "Hair braiding" means the weaving or interweaving

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of a person's own natural human hair for compensation without

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cutting, coloring, permanent waving, relaxing, removing, or

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chemical treatment and does not include the use of hair

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extensions or wefts.

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

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manufactured materials around a strand or strands of human hair,

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for compensation, without cutting, coloring, permanent waving,

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relaxing, removing, weaving, chemically treating, braiding,

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using hair extensions, or performing any other service defined

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as cosmetology.

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     (13)(11) "Photography studio salon" means an establishment

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where the hair-arranging services and the application of

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cosmetic products are performed solely for the purpose of

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preparing the model or client for the photographic session

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without shampooing, cutting, coloring, permanent waving,

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relaxing, or removing of hair or performing any other service

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defined as cosmetology.

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

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uses herbal wraps for the purposes of cleansing and beautifying

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the skin of the body, but does not include:

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

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the body, except fluids contained in presoaked materials used in

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the wraps; or

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

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than that arising from compression emanating from the wrap

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materials.

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

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of the body, other than the head, face, and scalp, by the use of

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a sponge, brush, cloth, or similar device to apply or remove a

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chemical preparation or other substance, except that chemical

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peels may be removed by peeling an applied preparation from the

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skin by hand. Skin care services must be performed by a licensed

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cosmetologist or facial specialist within a licensed cosmetology

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or specialty salon, and such services may not involve massage,

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as defined in s. 480.033(3), through manipulation of the

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superficial tissue.

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     Section 2.  Effective July 1, 2009, section 477.0131,

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Florida Statutes, is created to read:

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     477.0131 Cosmetologist, hair stylist, esthetician, and

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nail technician licenses.--

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

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and who is authorized to practice all of the services listed in

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

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

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and who is authorized to practice all of the services listed in

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s. 477.013(6) shall be licensed as a hair stylist.

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

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and who is authorized to practice all of the services listed in

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s. 477.013(5) shall be licensed as an esthetician.

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

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and who is authorized to practice all of the services listed in

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s. 477.013(7) shall be licensed as a nail technician.

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     Section 3.  Effective July 1, 2009, section 477.0132,

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Florida Statutes, is amended to read:

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     477.0132  Hair braiding, hair wrapping, and body wrapping

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registration.--

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

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confined solely to hair braiding shall must register with the

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department, shall pay the applicable registration fee, and shall

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

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

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other communicable diseases, 5 hours of instruction in

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sanitation and sterilization, 4 hours of instruction in

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

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in studies regarding laws affecting hair braiding.

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

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confined solely to hair wrapping shall must register with the

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department, shall pay the applicable registration fee, and shall

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

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approved board approved and consist of instruction education in

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HIV/AIDS and other communicable diseases, sanitation and

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sterilization, disorders and diseases of the scalp, and studies

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regarding laws affecting hair wrapping.

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     (3)(c) Unless otherwise licensed or exempted from

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licensure under this chapter, any person whose occupation or

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practice is confined solely to body wrapping must register with

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the department, pay the applicable registration fee, and take a

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40-hour two-day 12-hour course. The course shall be board-

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approved board approved and include, but not be limited to,

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instruction in body systems, contraindications, consist of

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education in HIV/AIDS and other communicable diseases,

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sanitation and sterilization, disorders and diseases of the

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skin, and studies regarding laws affecting body wrapping.

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

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course and text required of an applicant for registration under

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this section subsection in the occupation or practice of hair

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braiding, hair wrapping, or body wrapping. A provider of such a

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course is not required to hold a license under chapter 1005.

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

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not required to be practiced in a cosmetology salon or specialty

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salon. When hair braiding, hair wrapping, or body wrapping is

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practiced outside a cosmetology salon or specialty salon,

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disposable implements shall must be used or all implements shall

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must be sanitized in a disinfectant approved for hospital use or

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approved by the federal Environmental Protection Agency.

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

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eligible to practice hair braiding, hair wrapping, or body

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wrapping upon submission of a registration application that

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includes proof of successful completion of the education

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requirements and payment of the applicable fees required by this

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chapter.

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     Section 4.  Effective July 1, 2009, section 477.014,

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Florida Statutes, is amended to read:

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     477.014  Qualifications for practice.--

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     (1) On and after July January 1, 2009, a 1979, no person

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

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chapter may not cosmetologist shall practice in any of the areas

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provided in s. 477.013(4), (5), (6), or (7) cosmetology or use

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the name or title of cosmetologist, hair stylist, esthetician,

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or nail technician.

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

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or after July 1, 2009, may not practice or hold himself or

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

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she is not specifically licensed or registered under this

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chapter.

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     (3) A cosmetologist licensed before July 1, 2009, may

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perform all the services of a licensed cosmetologist as defined

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in s. 477.013(4), including manicures and pedicures related to

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artificial nails.

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     (4) A facial specialist registered or enrolled in a

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cosmetology school before July 1, 2009, may take the examination

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for an esthetician license.

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

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registered or enrolled in a cosmetology school before July 1,

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2009, may take the examination for a nail technician license.

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     (6) A specialist registered under this chapter before July

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1, 2009, may continue to practice under the name of his or her

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specialty registration without taking the respective licensure

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examination. Renewal of all registrations, including a full

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specialty registration that includes facial, manicure, pedicure,

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and nail extension specialties, existing before July 1, 2009,

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shall be accomplished pursuant to rules adopted by the board.

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     Section 5.  Subsections (3) and (4) are added to section

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477.016, Florida Statutes, to read:

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     477.016  Rulemaking.--

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     (3) To further the protection of the health of persons

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authorized by this chapter to perform natural or artificial nail

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services and their clients, the board shall adopt rules to

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require and enforce the following:

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     (a) Maintenance of a clean and safe work area by following

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Environmental Protection Agency pedicure equipment disinfection

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requirements after each client's pedicure to include use of

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hospital grade bactericidal, fungicidal, and pseudomonacidal

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disinfectant for at least 10 minutes.

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     (b) Maintenance of clean and infection-free equipment by

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ensuring standards for drills and other mechanical equipment

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that require them to be either disposable or disinfected between

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clients to prevent the transmission of infections and diseases.

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     (c) Provision of notice to and education of clients with

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visible skin diseases, fungal or other types of infections, or

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contagious conditions that services cannot be provided without a

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signed statement by a physician indicating that there is no

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public health problem to the clients themselves, to the

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technicians, or to other clients.

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     (4) To further the protection of the health of persons

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authorized by this chapter to provide basic facials or advanced

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skin treatment services involving chemicals and their clients,

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the board shall adopt rules to require and enforce the

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following:

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     (a) Maintenance of a clean and safe work area according to

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standards adopted by the board.

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     (b) Provision of notice to and education of clients with

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visible skin diseases, fungal or other types of infections, or

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contagious conditions that services cannot be provided without a

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signed statement by a physician indicating that there is no

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public health problem to the clients themselves, to the

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estheticians, or to other clients.

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     Section 6.  Paragraph (c) of subsection (2) of section

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477.019, Florida Statutes, is amended, subsections (3) through

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(7) of that section are renumbered as subsections (4) through

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(8), respectively, and a new subsection (3) is added to that

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section, to read:

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     477.019  Cosmetologists; qualifications; licensure;

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supervised practice; license renewal; endorsement; continuing

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education.--

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     (2)  An applicant shall be eligible for licensure by

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examination to practice cosmetology if the applicant:

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

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

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and does not qualify for licensure by endorsement as provided

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for in subsection (7) (6); or

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     2.  Has received a minimum of 1,200 hours of training as

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established by the board, which shall include, but shall not be

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limited to, the equivalent of completion of services directly

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related to the practice of cosmetology at one of the following:

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     a.  A school of cosmetology licensed pursuant to chapter

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1005.

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     b.  A cosmetology program within the public school system.

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     c.  The Cosmetology Division of the Florida School for the

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Deaf and the Blind, provided the division meets the standards of

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this chapter.

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     d.  A government-operated cosmetology program in this

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state.

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The board shall establish by rule procedures whereby the school

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or program may certify that a person is qualified to take the

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required examination after the completion of a minimum of 1,000

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actual school hours. If the person then passes the examination,

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he or she shall have satisfied this requirement; but if the

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person fails the examination, he or she shall not be qualified

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to take the examination again until the completion of the full

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requirements provided by this section.

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     (3) An application for the licensure examination for any

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license under this section may be submitted for examination

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approval in the last 100 hours of training by a pregraduate of a

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licensed cosmetology school or a program within the public

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school system, which school or program is certified by the

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Department of Education with fees as required in paragraph

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(2)(b). Upon approval, the applicant may schedule the

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examination on a date when the training hours are completed. An

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applicant shall have 6 months from the date of approval to take

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the examination. After the 6 months have passed, if the

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applicant failed to take the examination, the applicant must

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reapply. The board shall establish by rule the procedures for

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the pregraduate application process.

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     Section 7.  Effective July 1, 2009, section 477.019,

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Florida Statutes, as amended by this act, is amended to read:

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     477.019 Cosmetologists; hair stylists; estheticians; nail

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technicians; qualifications; licensure; supervised practice;

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license renewal; endorsement; continuing education.--

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     (1) A person desiring to be licensed under this chapter as

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a cosmetologist shall apply to the department for licensure.

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

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examination to provide practice cosmetology, hair stylist,

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esthetician, or nail technician services if the applicant:

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

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school diploma or graduate equivalency diploma or has passed an

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

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test approved by the United States Secretary of Education as

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

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

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refundable, and the required examination fee, which is

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refundable if the applicant is determined to not be eligible for

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licensure for any reason other than failure to successfully

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complete the licensure examination.; and

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

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

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and does not qualify for licensure by endorsement as provided

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for in subsection (7); or

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     2.a. Has received a minimum number of hours of training as

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follows:

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     (I) For a hair stylist, 1,000 hours.

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     (II) For an esthetician, 600 hours.

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     (III) For a nail technician, 350 hours.

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     (IV) For a cosmetologist, 1,500 hours.

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The board shall adopt rules to prevent an applicant from having

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to repeat curricula components. A person who holds one or more

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licenses may obtain an additional license by completing training

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as determined by board rule. The board shall consult with the

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Department of Education and the Commission for Independent

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Education on the development of such rules.

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

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training as established by the board, which shall include, but

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

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services directly related to the practice of cosmetology at one

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of the following:

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

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1005.

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

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system.

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

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the Deaf and the Blind, provided the division meets the

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standards of this chapter.

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

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state.

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

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education before July 1, 2009, may take the examination to be

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

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education.

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

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July 1, 2009, shall comply with the hour requirements in sub-

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subparagraph a. in order to qualify to take his or her

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respective examination.

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The board shall establish by rule procedures whereby the school

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or program may certify that a person is qualified to take the

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required examination after the completion of a minimum of 1,000

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actual school hours. If the person then passes the examination,

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he or she shall have satisfied this requirement; but if the

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person fails the examination, he or she shall not be qualified

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to take the examination again until the completion of the full

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requirements provided by this section.

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     (3)  An application for the licensure examination for any

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license under this section may be submitted for examination

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approval in the last 100 hours of training by a pregraduate of a

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licensed cosmetology school or a program within the public

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school system, which school or program is certified by the

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Department of Education with fees as required in paragraph

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(2)(b). Upon approval, the applicant may schedule the

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examination on a date when the training hours are completed. An

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applicant shall have 6 months from the date of approval to take

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the examination. After the 6 months have passed, if the

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applicant failed to take the examination, the applicant must

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reapply. The board shall establish by rule the procedures for

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the pregraduate application process.

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     (4)  Upon an applicant receiving a passing grade, as

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established by board rule, on the examination and paying the

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initial licensing fee, the department shall issue a license to

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practice in the applicant's respective area provided in s.

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477.013(4), (5), (6), or (7) cosmetology.

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     (5) If an applicant passes all parts of the licensure

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examination for a cosmetologist, hair stylist, esthetician, or

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nail technician the first time he or she takes the examination,

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the passing applicant may practice until receipt of his or her

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license, provided that he or she practices under the supervision

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of an individual who holds the same active license or a

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cosmetologist licensed prior to July 1, 2009. An applicant who

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fails any part of the examination the first time he or she takes

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the examination may not practice as a cosmetologist, hair

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stylist, esthetician, or nail technician and may immediately

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reapply for reexamination.

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     (5) Following the completion of the first licensing

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examination and pending the results of that examination and

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issuance of a license to practice cosmetology, graduates of

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licensed cosmetology schools or cosmetology programs offered in

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public school systems, which schools or programs are certified

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by the Department of Education, are eligible to practice

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cosmetology, provided such graduates practice under the

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supervision of a licensed cosmetologist in a licensed

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cosmetology salon. A graduate who fails the first examination

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may continue to practice under the supervision of a licensed

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cosmetologist in a licensed cosmetology salon if the graduate

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applies for the next available examination and until the

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graduate receives the results of that examination. No graduate

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may continue to practice under this subsection if the graduate

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fails the examination twice.

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     (6)  Renewal of license registration shall be accomplished

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pursuant to rules adopted by the board.

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     (7)  The board shall adopt rules specifying procedures for

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the licensure by endorsement of practitioners desiring to be

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licensed in this state who hold a current active license in

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another state or country and who have met qualifications

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substantially similar to, equivalent to, or greater than the

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qualifications required of applicants from this state. For

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purposes of this subsection, work experience may be substituted

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for required educational hours in the amount and manner provided

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by board rule.

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     (8)(a)  The board shall prescribe by rule continuing

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education requirements for licensees and registered specialists

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which intended to ensure the protection of the public through

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updated training of licensees and registered specialists, not to

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exceed 16 hours biennially, as a condition for renewal of a

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license or registration as a specialist under this chapter.

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Continuing education courses shall include, but not be limited

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to, the following subjects as they relate to the practice of

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cosmetology: HIV/AIDS human immunodeficiency virus and acquired

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immune deficiency syndrome; Occupational Safety and Health

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Administration regulations; workers' compensation issues; state

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and federal laws and rules as they pertain to cosmetologists,

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the practice of cosmetology, salons, specialists, specialty

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salons, and booth renters; chemical makeup as it pertains to

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hair, skin, and nails; and environmental issues. Courses given

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at educational cosmetology conferences may be counted toward the

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number of continuing education hours required if approved by the

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board.

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     (b)  Any person whose occupation or practice is confined

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solely to hair braiding, hair wrapping, or body wrapping is

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exempt from the continuing education requirements of this

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subsection.

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

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violation of a continuing education requirement to take a

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refresher course or refresher course and examination in addition

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to any other penalty. The number of hours for the refresher

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course may not exceed 48 hours.

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     Section 8.  Section 477.0212, Florida Statutes, is amended

484

to read:

485

     477.0212  Inactive status.--

486

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

487

which that has become inactive may be reactivated under s.

488

477.019 upon application to the department.

489

     (2) The board shall adopt promulgate rules relating to

490

licenses that which have become inactive and for the renewal of

491

inactive licenses. The board shall prescribe by rule a fee not

492

to exceed $50 for the reactivation of an inactive license and a

493

fee not to exceed $50 for the renewal of an inactive license.

494

The board shall prescribe by rule the continuing education

495

requirements to be met prior to license renewal or reactivation.

496

     Section 9.  Section 477.023, Florida Statutes, is amended

497

to read:

498

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

499

school of cosmetology may not shall be permitted to operate

500

without a license issued by the Commission for Independent

501

Education pursuant to chapter 1005. However, this chapter does

502

not nothing herein shall be construed to prevent certification

503

by the Department of Education of grooming and salon services

504

and cosmetology training programs within the public school

505

system or to prevent government operation of any other program

506

of cosmetology in this state.

507

     Section 10.  Section 477.025, Florida Statutes, is amended

508

to read:

509

     477.025 Cosmetology salons; specialty Salons; requisites;

510

licensure; inspection; mobile cosmetology salons.--

511

     (1) No cosmetology salon or specialty salon shall be

512

permitted to operate without a license issued by the department

513

except as provided in subsection (11).

514

     (2)  The board shall adopt rules governing the licensure

515

and operation of salons and specialty salons and their

516

facilities, personnel, and safety and sanitary requirements, and

517

the license application and granting process.

518

     (3)  Any person, firm, or corporation desiring to operate a

519

cosmetology salon or specialty salon in the state shall submit

520

to the department a salon an application form upon forms

521

provided by the department, and accompanied by any relevant

522

information requested by the department, and by an application

523

fee.

524

     (4)  Upon receiving the application, the department may

525

cause an investigation to be made of the proposed cosmetology

526

salon or specialty salon.

527

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

528

provided in this section herein, the department shall deny the

529

application in writing and shall list the specific requirements

530

not met. No applicant denied licensure because of failure to

531

meet the requirements of this section herein shall be precluded

532

from reapplying for licensure.

533

     (6)  When the department determines that the proposed

534

cosmetology salon or specialty salon may reasonably be expected

535

to meet the requirements set forth in this section herein, the

536

department shall grant the license upon such conditions as it

537

shall deem proper under the circumstances and upon payment of

538

the original licensing fee.

539

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

540

specialty salon may be transferred from the name of the original

541

licensee to another. It may be transferred from one location to

542

another only upon approval by the department, which approval

543

shall not be unreasonably withheld.

544

     (8) Renewal of license registration for cosmetology salons

545

or specialty salons shall be accomplished pursuant to rules

546

adopted by the board. The board is further authorized to adopt

547

rules governing delinquent renewal of licenses and may impose

548

penalty fees for delinquent renewal.

549

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

550

periodic inspection of cosmetology salons and specialty salons

551

licensed under this chapter.

552

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

553

licensure, operation, and inspection of mobile cosmetology

554

salons, including their facilities, personnel, and safety and

555

sanitary requirements.

556

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

557

operating requirements specified in this chapter or chapter 455

558

or rules of the board or department that apply to cosmetology

559

salons at fixed locations, except to the extent that such

560

requirements conflict with this subsection or rules adopted

561

pursuant to this subsection.

562

     (c) A mobile cosmetology salon must maintain a permanent

563

business address, located in the inspection area of the local

564

department office, at which records of appointments,

565

itineraries, license numbers of employees, and vehicle

566

identification numbers of the licenseholder's mobile salon shall

567

be kept and made available for verification purposes by

568

department personnel, and at which correspondence from the

569

department can be received.

570

     (d)  To facilitate periodic inspections of mobile

571

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

572

mobile salon licenseholder must file with the board a written

573

monthly itinerary listing the locations where and the dates and

574

hours when the mobile salon will be operating.

575

     (e) The board shall establish fees for mobile cosmetology

576

salons, not to exceed the fees for cosmetology salons at fixed

577

locations.

578

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

579

compliance with all local laws and ordinances regulating

580

business establishments, with all applicable requirements of the

581

Americans with Disabilities Act relating to accommodations for

582

persons with disabilities, and with all applicable OSHA

583

requirements.

584

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

585

under part I of chapter 429 are exempt from this section, and a

586

cosmetologist licensed pursuant to s. 477.019 may provide salon

587

services exclusively for facility residents.

588

     Section 11.  Effective July 1, 2009, section 477.026,

589

Florida Statutes, is amended to read:

590

     477.026  Fees; disposition.--

591

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

592

schedule:

593

     (a) For hair stylists, estheticians, nail technicians, or

594

cosmetologists, fees for original licensing, license renewal,

595

and delinquent renewal may shall not exceed $25.

596

     (b) For hair stylists, estheticians, nail technicians, or

597

cosmetologists, fees for endorsement application, examination,

598

and reexamination may shall not exceed $50.

599

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

600

application, original licensing, license renewal, and delinquent

601

renewal may shall not exceed $50.

602

     (d) For specialists, fees for application and endorsement

603

registration shall not exceed $30.

604

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

605

registration renewal, and delinquent renewal may shall not

606

exceed $50.

607

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

608

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

609

     (2)  All moneys collected by the department from fees

610

authorized by this chapter shall be paid into the Professional

611

Regulation Trust Fund, which fund is created in the department,

612

and shall be applied in accordance with ss. 215.37 and 455.219.

613

The Legislature may appropriate any excess moneys from this fund

614

to the General Revenue Fund.

615

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

616

prepare and submit a proposed budget in accordance with law.

617

     Section 12.  Effective July 1, 2009, section 477.0263,

618

Florida Statutes, is amended to read:

619

     477.0263 Cosmetology, hair stylist, esthetician, nail

620

technician, or specialty services to be performed in licensed

621

salon; exceptions exception.--

622

     (1) Cosmetology, hair stylist, esthetician, nail

623

technician, or specialty services shall be performed only by

624

licensed cosmetologists, hair stylists, estheticians, or nail

625

technicians or registered specialists in licensed salons, except

626

as otherwise provided in this section.

627

     (2)  Pursuant to rules established by the board,

628

cosmetology, hair stylist, esthetician, nail technician, or

629

specialty services may be performed by a licensed cosmetologist,

630

hair stylist, esthetician, or nail technician or a registered

631

specialist in a location other than a licensed salon, including,

632

but not limited to, a nursing home, hospital, or residence, when

633

a client for reasons of ill health is unable to go to a licensed

634

salon. Arrangements for the performance of such cosmetology,

635

hair stylist, esthetician, nail technician, or specialty

636

services in a location other than a licensed salon shall be made

637

only through a licensed salon.

638

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

639

any state or who is authorized to practice cosmetology in any

640

country, territory, or jurisdiction of the United States may

641

perform cosmetology services in a location other than a licensed

642

salon when such services are performed in connection with the

643

motion picture, fashion photography, theatrical, or television

644

industry; a photography studio salon; a manufacturer trade show

645

demonstration; a department store demonstration; or an

646

educational seminar.

647

     (4) Pursuant to rules established by the board,

648

cosmetology, hair stylist, esthetician, nail technician, or

649

specialty services may be performed in a location other than a

650

licensed salon when such services are performed in connection

651

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

652

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

653

specialty registration. An appointment for the performance of

654

such services in a location other than a licensed salon shall be

655

made through a licensed salon.

656

     Section 13.  Paragraph (i) is added to subsection (1) of

657

section 477.0265, Florida Statutes, and subsection (2) of that

658

section is republished, to read:

659

     477.0265  Prohibited acts.--

660

     (1)  It is unlawful for any person to:

661

     (i) In the practice of cosmetology, use or possess a

662

device containing a razor blade, commonly referred to as a

663

credo, to remove, scrape, and cut calluses from the hands or

664

feet.

665

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

666

commits a misdemeanor of the second degree, punishable as

667

provided in s. 775.082 or s. 775.083.

668

     Section 14.  Effective July 1, 2009, section 477.0265,

669

Florida Statutes, as amended by this act, is amended to read:

670

     477.0265  Prohibited acts.--

671

     (1)  It is unlawful for any person to:

672

     (a) Engage in the practice of cosmetology, hair stylist,

673

esthetician, or nail technician services or a specialty without

674

an active license as a cosmetologist, hair stylist, esthetician,

675

or nail technician or registration as a specialist issued by the

676

department pursuant to the provisions of this chapter.

677

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

678

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

679

a cosmetology salon or specialty salon:

680

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

681

chapter; or

682

     2. In which a person not licensed as a cosmetologist, hair

683

stylist, esthetician, or nail technician or registered as a

684

cosmetologist or a specialist is permitted to perform

685

cosmetology, hair stylist, esthetician, or nail technician

686

services or any specialty.

687

     (c)  Engage in willful or repeated violations of this

688

chapter or of any rule adopted by the board.

689

     (d) Permit an employed person to engage in the practice of

690

cosmetology, hair stylist, esthetician, or nail technician

691

services or of a specialty unless such person holds a valid,

692

active license as a cosmetologist, hair stylist, esthetician, or

693

nail technician or holds a registration as a specialist.

694

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

695

for money, other than the required fee, or any other thing of

696

value or by fraudulent misrepresentations.

697

     (f) Use or attempt to use a license to provide practice

698

cosmetology, hair styling, esthetician, or nail technician

699

services or a registration to practice a specialty, which

700

license or registration is suspended or revoked.

701

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

702

wrapping, as performed under this chapter, has have any

703

relationship to the practice of massage therapy as defined in s.

704

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

705

477.013.

706

     (h) In the provision practice of cosmetology, nail

707

technician, or specialty services, use or possess a cosmetic

708

product containing a liquid nail monomer containing any trace of

709

methyl methacrylate (MMA).

710

     (i) In the provision practice of cosmetology, nail

711

technician, or manicure or pedicure specialty services, use or

712

possess a device containing a razor blade, commonly referred to

713

as a credo, to remove, scrape, and cut calluses from the hands

714

or feet.

715

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

716

commits a misdemeanor of the second degree, punishable as

717

provided in s. 775.082 or s. 775.083.

718

     Section 15.  Effective July 1, 2009, section 477.028,

719

Florida Statutes, is amended to read:

720

     477.028  Disciplinary proceedings.--

721

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

722

suspend the license of a cosmetologist, hair stylist,

723

esthetician, or nail technician licensed under this chapter, or

724

the registration of a specialist registered under this chapter,

725

and may to reprimand, censure, deny subsequent licensure or

726

registration of, or otherwise discipline a cosmetologist, hair

727

stylist, esthetician, nail technician, or a specialist licensed

728

or registered under this chapter in any of the following cases:

729

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

730

obtained by fraud or misrepresentation.

731

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

732

registration is guilty of fraud or deceit or of gross

733

negligence, incompetency, or misconduct in the practice or

734

instruction of cosmetology or a specialty.

735

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

736

registration is guilty of aiding, assisting, procuring, or

737

advising any unlicensed person to practice as a cosmetologist,

738

hair stylist, esthetician, or nail technician.

739

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

740

suspend the license of a cosmetology salon or a specialty salon

741

licensed under this chapter;, to deny subsequent licensure of

742

such salon;, or to reprimand, censure, or otherwise discipline

743

the owner of such salon in either of the following cases:

744

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

745

or misrepresentation.

746

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

747

fraud or deceit or of gross negligence, incompetency, or

748

misconduct in the operation of the salon so licensed.

749

     (3)  Disciplinary proceedings shall be conducted pursuant

750

to the provisions of chapter 120.

751

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

752

or certificate of registration under this chapter to any person

753

against whom or salon against which the board has assessed a

754

fine, interest, or costs associated with investigation and

755

prosecution until the person or salon has paid in full such

756

fine, interest, or costs associated with investigation and

757

prosecution or until the person or salon complies with or

758

satisfies all terms and conditions of the final order.

759

     Section 16.  Effective July 1, 2009, section 477.029,

760

Florida Statutes, is amended to read:

761

     477.029  Penalty.--

762

     (1)  It is unlawful for any person to:

763

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

764

stylist, esthetician, nail technician, specialist, hair wrapper,

765

hair braider, or body wrapper unless duly licensed or

766

registered, or otherwise authorized, as provided in this

767

chapter.

768

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

769

licensed as provided in this chapter.

770

     (c) Permit an employed person to provide practice

771

cosmetology, hairstyling, esthetician, nail technician, or a

772

specialty services unless duly licensed or registered, or

773

otherwise authorized, as provided in this chapter.

774

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

775

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

776

obtaining any license provided for in this chapter.

777

     (f)  Impersonate any other licenseholder of like or

778

different name.

779

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

780

     (h)  Violate any provision of s. 455.227(1), s. 477.0265,

781

or s. 477.028.

782

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

783

chapter or chapter 455 or a rule or final order of the board or

784

the department.

785

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

786

is shall be subject to one or more of the following penalties,

787

as determined by the board:

788

     (a)  Revocation or suspension of any license or

789

registration issued pursuant to this chapter.

790

     (b)  Issuance of a reprimand or censure.

791

     (c)  Imposition of an administrative fine not to exceed

792

$500 for each count or separate offense.

793

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

794

subject to such reasonable conditions as the board may specify.

795

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

796

licensure.

797

     Section 17. Effective July 1, 2009, section 477.0201,

798

Florida Statutes, is repealed.

799

     Section 18. The Department of Business and Professional

800

Regulation in conjunction with the Board of Cosmetology shall

801

evaluate the feasibility, processes, and associated costs of

802

using a national examination for cosmetology, hair stylist,

803

esthetician, and nail technician services licenses that would

804

improve reciprocity with other states. The findings of the

805

evaluation shall be made available to the Legislature and to the

806

public no later than January 1, 2009.

807

     Section 19. For the 2008-2009 fiscal year, the sum of

808

$60,149 in nonrecurring funds is appropriated from the

809

Administrative Trust Fund of the Department of Business and

810

Professional Regulation to carry out the central-service

811

administrative support functions related to the licensing

812

provisions of this act.

813

     Section 20.  Except as otherwise expressly provided in this

814

act, this act shall take effect July 1, 2008.

815

816

================ T I T L E  A M E N D M E N T ================

817

And the title is amended as follows:

818

     Delete everything before the enacting clause

819

and insert:

820

A bill to be entitled

821

An act relating to cosmetology; amending s. 477.013, F.S.;

822

providing and revising definitions; redefining

823

"cosmetology" to include specified services and exclude

824

artificial nails and use of certain skin treatments;

825

defining "hair stylist," "esthetician," and "nail

826

technician"; including body wrapping within esthetician

827

services; removing a distinction between specialty salons

828

and other salons; creating s. 477.0131, F.S.; authorizing

829

licensure for cosmetologists, hair stylists, estheticians,

830

and nail technicians; amending s. 477.0132, F.S.;

831

authorizing renewal of current body wrapping

832

registrations; increasing length of required course;

833

specifying that only the Board of Cosmetology may review,

834

evaluate, and approve required course and text; amending

835

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

836

to practice under ch. 477, F.S.; authorizing current

837

specialists to sit for licensure examinations in certain

838

circumstances; providing for the renewal of current

839

specialty registrations; amending s. 477.016, F.S.;

840

requiring the Board of Cosmetology to adopt rules relating

841

to protection of health of clients, nail technicians, and

842

estheticians; amending s. 477.019, F.S.; revising

843

qualifications, education, licensure and renewal,

844

supervised practice, and endorsement requirements to

845

include and differentiate such requirements for

846

cosmetologists, hair stylists, estheticians, and nail

847

technicians; requiring the board to adopt certain

848

procedures relating to licensure by endorsement; amending

849

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

850

rules relating to license renewal or continuing education;

851

amending s. 477.023, F.S.; stipulating that the Department

852

of Education is not prevented from issuing certain

853

grooming and salon services certification; amending s.

854

477.025, F.S., relating to cosmetology and specialty

855

salons, requisites, licensure, inspection, and mobile

856

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

857

revising fee provisions to conform; amending s. 477.0263,

858

F.S.; specifying circumstances under which cosmetology,

859

hair stylist, esthetician, nail technician, or specialty

860

services may be practiced outside of a licensed salon;

861

amending s. 477.0265, F.S., relating to prohibited acts,

862

to conform; prohibiting the use or possession of a credo

863

in the provision of cosmetology, nail technician, or

864

manicure or pedicure specialty services; amending s.

865

477.028, F.S., relating to disciplinary proceedings, to

866

conform; amending s. 477.029, F.S., relating to penalties;

867

conforming provisions; repealing s. 477.0201, F.S.,

868

relating to specialty registration, qualifications,

869

registration renewal, and endorsement; requiring a report

870

to the Legislature on the use of a national examination

871

for certain licenses in order to improve reciprocity with

872

other states; providing an appropriation; providing an

873

effective date.

3/3/2008  1:36:00 PM     580-04346-08