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A bill to be entitled

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

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providing and revising definitions; redefining

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"cosmetology" to include hair technician, esthetician, and

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nail technician services; including body wrapping within

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esthetician services; removing a distinction between

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specialty salons and other salons; creating s. 477.0131,

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F.S.; authorizing licensure for hair technicians,

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estheticians, nail technicians, and cosmetologists;

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amending s. 477.0132, F.S.; authorizing renewal of current

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body wrapping registrations; increasing length of required

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course; specifying that only the Board of Cosmetology may

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review, evaluate, and approve required course and text;

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

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

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current specialists to sit for licensure examinations in

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certain circumstances; providing for the renewal of

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current specialty registrations; amending s. 477.019,

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F.S.; revising qualification, education, licensure and

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renewal, supervised practice, and endorsement requirements

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for cosmetologist licenses to include and differentiate

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qualification, education, licensure and renewal,

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supervised practice, and endorsement requirements for hair

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technician, esthetician, and nail technician licenses;

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requiring the board to adopt certain procedures relating

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to licensure by endorsement; amending s. 477.0212, F.S.;

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requiring the board to adopt certain rules relating to

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license renewal or continuing education; amending s.

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477.023, F.S.; stipulating that the Department of

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Education is not prevented from issuing grooming and salon

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services certification; amending s. 477.025, F.S.,

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relating to cosmetology and specialty salons, requisites,

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licensure, inspection, and mobile cosmetology salons, to

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conform; amending s. 477.026, F.S.; revising fee

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provisions to conform; amending s. 477.0263, F.S., to

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conform; specifying circumstances under which cosmetology

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or specialty services may be practiced outside of a

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licensed salon; amending s. 477.0265, F.S., relating to

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prohibited acts, to conform; amending s. 477.028, F.S.,

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relating to disciplinary proceedings, to conform; amending

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

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repealing s. 477.0201, F.S., relating to specialty

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registration, qualifications, registration renewal, and

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endorsement; providing an appropriation; providing

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effective dates.

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

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     Section 1.  Section 477.013, Florida Statutes, is amended to

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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 to

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engage in the practice of all cosmetology services in this state

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under the authority of this chapter, including hair technician

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services, esthetician services, and nail technician services, or

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a person who is licensed prior to July 1, 2009, to engage in the

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practice of cosmetology in this state.

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

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offering to perform for compensation any of the following

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services for aesthetic rather than medical purposes:

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     (a) Hair technician services, which are:

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     1. Treating a person's hair by:

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     a. 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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     b. Providing a necessary service that is preparatory or

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

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clipping, cutting, or trimming; or

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

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     3. Shampooing and conditioning a person's hair.

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

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

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

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processing, styling, or trimming.

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     (b) Esthetician services, which are:

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     1. 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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     2. 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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     3. Administering facial treatments.

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

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depilatories, threading, waxing, sugaring, or tweezing.

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     5. Tinting eyebrows or eyelashes with products manufactured

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specifically for eyebrows or eyelashes.

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     6. 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 the

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application of the wrap materials.

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

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lotions, or other fluids.

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     (c) Nail technician services, which are:

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     1. Treating a person's nails by:

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

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

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     b. Affixing artificial nails, extensions, or capping.

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

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hands, legs below the knee, or feet 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 shampooing,

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hair cutting, hair arranging, hair coloring, permanent waving,

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and hair relaxing for compensation. This term also includes

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performing hair removal, including wax treatments, manicures,

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pedicures, and skin care services.

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

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one or more cosmetology or specialty services are offered or

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performed for compensation.

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     (6)(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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which may be applied solely by use of a simple adhesive.

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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 skin

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care services, which means the treatment of the skin of a

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

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

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or remove a chemical preparation or other substance without

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involving massage, as defined in s. 480.033(3), except that

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chemical peels may be removed by peeling an applied preparation

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from the skin by hand.

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

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

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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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     (8)(9) "Hair braiding" means the weaving or interweaving of

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

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materials around a strand or strands of human hair, for

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compensation, without cutting, coloring, permanent waving,

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relaxing, removing, weaving, chemically treating, braiding, using

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hair extensions, or performing any other service defined as

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cosmetology.

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

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where the hair-arranging services and the application of cosmetic

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products are performed solely for the purpose of preparing the

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model or client for the photographic session without shampooing,

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

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hair or performing any other service defined as cosmetology.

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

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herbal wraps for the purposes of cleansing and beautifying the

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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, as

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

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tissue.

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     Section 2.  Section 477.0131, Florida Statutes, is created

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to read:

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     477.0131 Hair technician, esthetician, nail technician, and

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cosmetology licenses.--

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

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who is authorized to practice all of the services listed in s.

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477.013(4)(a) shall be licensed as a hair technician.

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

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who is authorized to practice all of the services listed in s.

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477.013(4)(b) shall be licensed as an esthetician.

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

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who is authorized to practice all of the services listed in s.

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477.013(4)(c) shall be licensed as a nail technician.

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

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who is authorized to practice all of the services listed in s.

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477.013(4) shall be licensed as a cosmetologist.

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     Section 3.  Section 477.0132, Florida Statutes, is amended

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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 approved

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

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communicable diseases, 5 hours of instruction in sanitation and

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sterilization, 4 hours of instruction in disorders and diseases

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of the scalp, and 2 hours of instruction in studies regarding

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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 approved

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and consist of instruction education in HIV/AIDS and other

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communicable diseases, sanitation and sterilization, disorders

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and diseases of the scalp, and studies regarding laws affecting

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hair wrapping.

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

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under this chapter, any person whose occupation or practice is

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confined solely to body wrapping must register with the

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department, pay the applicable registration fee, and take a 40-

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

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and include, but not be limited to, body systems,

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contraindications, consist of education in HIV/AIDS and other

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communicable diseases, sanitation and sterilization, disorders

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and diseases of the skin, and studies regarding laws affecting

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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.  Section 477.014, Florida Statutes, is amended to

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read:

252

     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

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

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title of cosmetologist, hair technician, esthetician, or nail

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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 this chapter.

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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.  Section 477.019, Florida Statutes, is amended to

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read:

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     477.019 Cosmetologists; hair technicians; estheticians;

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nail 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 in the field of

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cosmetology as a cosmetologist shall apply to the department for

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licensure.

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

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examination to practice cosmetology, hair technician services,

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esthetician services, or nail technician services if the

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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 refundable

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if the applicant is determined to not be eligible for licensure

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for any reason other than failure to successfully complete the

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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, and

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does not qualify for licensure by endorsement as provided for in

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subsection (6); 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 technician, 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, 1,800 hours, composed of training

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from the hair technician, esthetician, and nail technician

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curricula.

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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 standards

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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 education

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before July 1, 2009, may take the examination to be licensed as a

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cosmetologist upon completion of 1,200 hours of 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-

340

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

341

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

348

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

349

take the examination again until the completion of the full

350

requirements provided by this section.

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

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established by board rule, on the examination and paying the

353

initial licensing fee, the department shall issue a license to

354

practice in the applicant's respective area of cosmetology

355

provided in s. 477.013(4).

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     (4) After submitting a complete application to take the

357

first available examination for licensure as a cosmetologist,

358

hair technician, esthetician, or nail technician, a graduate of a

359

licensed cosmetology school or a program within the public school

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system, which school or program is certified by the Department of

361

Education, is eligible to practice in the graduate's respective

362

area for a maximum period of 60 days, provided such graduate

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practices under the supervision of a professional licensed under

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

365

examination the first time may continue to practice under the

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supervision of a professional licensed under this chapter in a

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

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graduate applies for the next available examination. A graduate

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may not continue to practice under this subsection if the

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graduate fails the examination twice. Following the completion of

371

the first licensing examination and pending the results of that

372

examination and issuance of a license to practice cosmetology,

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graduates of licensed cosmetology schools or cosmetology programs

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offered in public school systems, which schools or programs are

375

certified by the Department of Education, are eligible to

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practice cosmetology, provided such graduates practice under the

377

supervision of a licensed cosmetologist in a licensed cosmetology

378

salon. A graduate who fails the first examination may continue to

379

practice under the supervision of a licensed cosmetologist in a

380

licensed cosmetology salon if the graduate applies for the next

381

available examination and until the graduate receives the results

382

of that examination. No graduate may continue to practice under

383

this subsection if the graduate fails the examination twice.

384

     (5)  Renewal of license registration shall be accomplished

385

pursuant to rules adopted by the board.

386

     (6)  The board shall adopt rules specifying procedures for

387

the licensure by endorsement of practitioners desiring to be

388

licensed in this state who hold a current active license in

389

another state or country and who have met qualifications

390

substantially similar to, equivalent to, or greater than the

391

qualifications required of applicants from this state. For

392

purposes of this subsection, work experience may be substituted

393

for required educational hours in the amount and manner provided

394

by board rule.

395

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

396

education requirements for licensees and registered specialists

397

that intended to ensure the protection of the public through

398

updated training of licensees and registered specialists, not to

399

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

400

license or registration as a specialist under this chapter.

401

Continuing education courses shall include, but not be limited

402

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

403

cosmetology: HIV/AIDS human immunodeficiency virus and acquired

404

immune deficiency syndrome; Occupational Safety and Health

405

Administration regulations; workers' compensation issues; state

406

and federal laws and rules as they pertain to cosmetologists, the

407

practice of cosmetology, salons, specialists, specialty salons,

408

and booth renters; chemical makeup as it pertains to hair, skin,

409

and nails; and environmental issues. Courses given at educational

410

cosmetology conferences may be counted toward the number of

411

continuing education hours required if approved by the board.

412

     (b)  Any person whose occupation or practice is confined

413

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

414

exempt from the continuing education requirements of this

415

subsection.

416

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

417

violation of a continuing education requirement to take a

418

refresher course or refresher course and examination in addition

419

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

420

course may not exceed 48 hours.

421

     Section 6.  Section 477.0212, Florida Statutes, is amended

422

to read:

423

     477.0212  Inactive status.--

424

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

425

which that has become inactive may be reactivated under s.

426

477.019 upon application to the department.

427

     (2) The board shall adopt promulgate rules relating to

428

licenses that which have become inactive and for the renewal of

429

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

430

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

431

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

432

board shall prescribe by rule the continuing education

433

requirements to be met prior to license renewal or reactivation.

434

     Section 7.  Section 477.023, Florida Statutes, is amended to

435

read:

436

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

437

school of cosmetology may not shall be permitted to operate

438

without a license issued by the Commission for Independent

439

Education pursuant to chapter 1005. However, this chapter does

440

not nothing herein shall be construed to prevent certification by

441

the Department of Education of grooming and salon services and

442

cosmetology training programs within the public school system or

443

to prevent government operation of any other program of

444

cosmetology in this state.

445

     Section 8.  Section 477.025, Florida Statutes, is amended to

446

read:

447

     477.025 Cosmetology salons; specialty Salons; requisites;

448

licensure; inspection; mobile cosmetology salons.--

449

     (1) No cosmetology salon or specialty salon shall be

450

permitted to operate without a license issued by the department

451

except as provided in subsection (11).

452

     (2)  The board shall adopt rules governing the licensure and

453

operation of salons and specialty salons and their facilities,

454

personnel, and safety and sanitary requirements, and the license

455

application and granting process.

456

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

457

cosmetology salon or specialty salon in the state shall submit to

458

the department a salon an application form upon forms provided by

459

the department, and accompanied by any relevant information

460

requested by the department, and by an application fee.

461

     (4)  Upon receiving the application, the department may

462

cause an investigation to be made of the proposed cosmetology

463

salon or specialty salon.

464

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

465

provided in this section herein, the department shall deny the

466

application in writing and shall list the specific requirements

467

not met. No applicant denied licensure because of failure to meet

468

the requirements of this section herein shall be precluded from

469

reapplying for licensure.

470

     (6)  When the department determines that the proposed

471

cosmetology salon or specialty salon may reasonably be expected

472

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

473

department shall grant the license upon such conditions as it

474

shall deem proper under the circumstances and upon payment of the

475

original licensing fee.

476

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

477

specialty salon may be transferred from the name of the original

478

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

479

another only upon approval by the department, which approval

480

shall not be unreasonably withheld.

481

     (8) Renewal of license registration for cosmetology salons

482

or specialty salons shall be accomplished pursuant to rules

483

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

484

rules governing delinquent renewal of licenses and may impose

485

penalty fees for delinquent renewal.

486

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

487

periodic inspection of cosmetology salons and specialty salons

488

licensed under this chapter.

489

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

490

licensure, operation, and inspection of mobile cosmetology

491

salons, including their facilities, personnel, and safety and

492

sanitary requirements.

493

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

494

operating requirements specified in this chapter or chapter 455

495

or rules of the board or department that apply to cosmetology

496

salons at fixed locations, except to the extent that such

497

requirements conflict with this subsection or rules adopted

498

pursuant to this subsection.

499

     (c) A mobile cosmetology salon must maintain a permanent

500

business address, located in the inspection area of the local

501

department office, at which records of appointments, itineraries,

502

license numbers of employees, and vehicle identification numbers

503

of the licenseholder's mobile salon shall be kept and made

504

available for verification purposes by department personnel, and

505

at which correspondence from the department can be received.

506

     (d)  To facilitate periodic inspections of mobile

507

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

508

mobile salon licenseholder must file with the board a written

509

monthly itinerary listing the locations where and the dates and

510

hours when the mobile salon will be operating.

511

     (e) The board shall establish fees for mobile cosmetology

512

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

513

locations.

514

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

515

compliance with all local laws and ordinances regulating business

516

establishments, with all applicable requirements of the Americans

517

with Disabilities Act relating to accommodations for persons with

518

disabilities, and with all applicable OSHA requirements.

519

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

520

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

521

cosmetologist licensed pursuant to s. 477.019 may provide salon

522

services exclusively for facility residents.

523

     Section 9.  Section 477.026, Florida Statutes, is amended to

524

read:

525

     477.026  Fees; disposition.--

526

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

527

schedule:

528

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

529

or cosmetologists, fees for original licensing, license renewal,

530

and delinquent renewal may shall not exceed $25.

531

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

532

or cosmetologists, fees for endorsement application, examination,

533

and reexamination may shall not exceed $50.

534

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

535

application, original licensing, license renewal, and delinquent

536

renewal may shall not exceed $50.

537

     (d) For specialists, fees for application and endorsement

538

registration shall not exceed $30.

539

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

540

registration renewal, and delinquent renewal may shall not exceed

541

$50.

542

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

543

fees for registration may shall not exceed $25.

544

     (2)  All moneys collected by the department from fees

545

authorized by this chapter shall be paid into the Professional

546

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

547

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

548

The Legislature may appropriate any excess moneys from this fund

549

to the General Revenue Fund.

550

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

551

prepare and submit a proposed budget in accordance with law.

552

     Section 10.  Section 477.0263, Florida Statutes, is amended

553

to read:

554

     477.0263 Cosmetology or specialty services to be performed

555

in licensed salon; exceptions exception.--

556

     (1) Cosmetology or specialty services shall be performed

557

only by licensed cosmetologists, hair technicians, estheticians,

558

or nail technicians or registered specialists in licensed salons,

559

except as otherwise provided in this section.

560

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

561

or specialty services may be performed by a licensed

562

cosmetologist, hair technician, esthetician, or nail technician

563

or a registered specialist in a location other than a licensed

564

salon, including, but not limited to, a nursing home, hospital,

565

or residence, when a client for reasons of ill health is unable

566

to go to a licensed salon. Arrangements for the performance of

567

such cosmetology or specialty services in a location other than a

568

licensed salon shall be made only through a licensed salon.

569

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

570

state or who is authorized to practice cosmetology in any

571

country, territory, or jurisdiction of the United States may

572

perform cosmetology services in a location other than a licensed

573

salon when such services are performed in connection with the

574

motion picture, fashion photography, theatrical, or television

575

industry; a photography studio salon; a manufacturer trade show

576

demonstration; a department store demonstration; or an

577

educational seminar.

578

     (4) Pursuant to rules established by the board,

579

cosmetology, hair technician, esthetician, nail technician, or

580

specialty services may be performed in a location other than a

581

licensed salon when such services are performed in connection

582

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

583

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

584

specialty registration. An appointment for the performance of

585

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

586

made through a licensed salon.

587

     Section 11.  Section 477.0265, Florida Statutes, is amended

588

to read:

589

     477.0265  Prohibited acts.--

590

     (1)  It is unlawful for any person to:

591

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

592

without an active license in the field of cosmetology unless

593

authorized as a cosmetologist or registration as a specialist

594

issued by the department pursuant to the provisions of this

595

chapter.

596

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

597

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

598

cosmetology salon or specialty salon:

599

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

600

chapter; or

601

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

602

cosmetology or registered as a cosmetologist or a specialist is

603

permitted to perform cosmetology services or any specialty.

604

     (c)  Engage in willful or repeated violations of this

605

chapter or of any rule adopted by the board.

606

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

607

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

608

active license in the field of cosmetology or is authorized as a

609

cosmetologist or holds a registration as a specialist.

610

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

611

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

612

value or by fraudulent misrepresentations.

613

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

614

field of cosmetology or a registration to practice a specialty,

615

which license or registration is suspended or revoked.

616

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

617

wrapping, as performed under this chapter, has have any

618

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

619

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

620

477.013.

621

     (h) In the practice of cosmetology or specialty services,

622

use or possess a cosmetic product containing a liquid nail

623

monomer containing any trace of methyl methacrylate (MMA).

624

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

625

commits a misdemeanor of the second degree, punishable as

626

provided in s. 775.082 or s. 775.083.

627

     Section 12.  Section 477.028, Florida Statutes, is amended

628

to read:

629

     477.028  Disciplinary proceedings.--

630

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

631

the license of a cosmetologist, hair technician, esthetician, or

632

nail technician licensed under this chapter, or the registration

633

of a specialist registered under this chapter, and may to

634

reprimand, censure, deny subsequent licensure or registration of,

635

or otherwise discipline a cosmetologist, hair technician,

636

esthetician, nail technician, or a specialist licensed or

637

registered under this chapter in any of the following cases:

638

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

639

obtained by fraud or misrepresentation.

640

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

641

is guilty of fraud or deceit or of gross negligence,

642

incompetency, or misconduct in the practice or instruction of

643

cosmetology or a specialty.

644

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

645

is guilty of aiding, assisting, procuring, or advising any

646

unlicensed person to practice in the field of cosmetology as a

647

cosmetologist.

648

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

649

the license of a cosmetology salon or a specialty salon licensed

650

under this chapter;, to deny subsequent licensure of such salon;,

651

or to reprimand, censure, or otherwise discipline the owner of

652

such salon in either of the following cases:

653

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

654

misrepresentation.

655

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

656

fraud or deceit or of gross negligence, incompetency, or

657

misconduct in the operation of the salon so licensed.

658

     (3)  Disciplinary proceedings shall be conducted pursuant to

659

the provisions of chapter 120.

660

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

661

or certificate of registration under this chapter to any person

662

against whom or salon against which the board has assessed a

663

fine, interest, or costs associated with investigation and

664

prosecution until the person or salon has paid in full such fine,

665

interest, or costs associated with investigation and prosecution

666

or until the person or salon complies with or satisfies all terms

667

and conditions of the final order.

668

     Section 13.  Section 477.029, Florida Statutes, is amended

669

to read:

670

     477.029  Penalty.--

671

     (1)  It is unlawful for any person to:

672

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

673

technician, esthetician, nail technician, specialist, hair

674

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

675

registered, or otherwise authorized, as provided in this chapter.

676

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

677

licensed as provided in this chapter.

678

     (c)  Permit an employed person to practice cosmetology or a

679

specialty unless duly licensed or registered, or otherwise

680

authorized, as provided in this chapter.

681

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

682

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

683

obtaining any license provided for in this chapter.

684

     (f)  Impersonate any other licenseholder of like or

685

different name.

686

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

687

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

688

s. 477.028.

689

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

690

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

691

the department.

692

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

693

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

694

determined by the board:

695

     (a)  Revocation or suspension of any license or registration

696

issued pursuant to this chapter.

697

     (b)  Issuance of a reprimand or censure.

698

     (c)  Imposition of an administrative fine not to exceed $500

699

for each count or separate offense.

700

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

701

to such reasonable conditions as the board may specify.

702

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

703

licensure.

704

     Section 14. Section 477.0201, Florida Statutes, is

705

repealed.

706

     Section 15. (1) For the 2008-2009 fiscal year, the sum of

707

$60,149 in nonrecurring funds is appropriated from the

708

Administrative Trust Fund of the Department of Business and

709

Professional Regulation to carry out the central-service

710

administrative support functions related to the licensing

711

provisions of this act.

712

     (2) This section shall take effect July 1, 2008.

713

     Section 16.  Except as otherwise expressly provided in this

714

act and except for this section, which shall take effect July 1,

715

2008, this act shall take effect July 1, 2009.