1

A bill to be entitled

2

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

3

providing and revising definitions; redefining

4

"cosmetology" to include specified services and exclude

5

artificial nails and use of certain skin treatments;

6

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

7

technician"; including body wrapping within esthetician

8

services; removing a distinction between specialty salons

9

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

10

licensure for cosmetologists, hair stylists, estheticians,

11

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

12

authorizing renewal of current body wrapping

13

registrations; increasing length of required course;

14

specifying that only the Board of Cosmetology may review,

15

evaluate, and approve required course and text; amending

16

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

17

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

18

specialists to sit for licensure examinations in certain

19

circumstances; providing for the renewal of current

20

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

21

requiring the Board of Cosmetology to adopt rules relating

22

to protection of health of clients, nail technicians, and

23

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

24

qualifications, education, licensure and renewal,

25

supervised practice, and endorsement requirements to

26

include and differentiate such requirements for

27

cosmetologists, hair stylists, estheticians, and nail

28

technicians; requiring the board to adopt certain

29

procedures relating to licensure by endorsement; amending

30

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

31

rules relating to license renewal or continuing education;

32

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

33

of Education is not prevented from issuing certain

34

grooming and salon services certification; amending s.

35

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

36

salons, requisites, licensure, inspection, and mobile

37

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

38

revising fee provisions to conform; amending s. 477.0263,

39

F.S.; specifying circumstances under which cosmetology,

40

hair stylist, esthetician, nail technician, or specialty

41

services may be practiced outside of a licensed salon;

42

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

43

to conform; prohibiting the use or possession of a credo

44

in the provision of cosmetology, nail technician, or

45

manicure or pedicure specialty services; amending s.

46

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

47

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

48

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

49

relating to specialty registration, qualifications,

50

registration renewal, and endorsement; requiring a report

51

to the Legislature on the use of a national examination

52

for certain licenses in order to improve reciprocity with

53

other states; providing an appropriation; providing

54

effective dates.

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56

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

57

58

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

59

Statutes, is amended to read:

60

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

61

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

62

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

63

Professional Regulation.

64

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

65

this chapter to engage in the practice of cosmetology in this

66

state under the authority of this chapter.

67

     (4)  "Cosmetology" means the mechanical or chemical

68

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

69

medical purposes, including, but not limited to, hair shampooing,

70

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

71

and hair relaxing for compensation. This term also includes

72

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

73

nail technician, including manicures and pedicures of the natural

74

nails, but not related to artificial nails; basic hair removal by

75

use of waxing and tweezing; and, basic skin care services for

76

facials with use of oils, creams, and lotions but not the use of

77

chemical peels and other skin treatments hair removal, including

78

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

79

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

80

authority of this chapter to perform or offer to perform for

81

compensation the following services:

82

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

83

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

84

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

85

powder, oil, clay, cream, or appliance.

86

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

87

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

88

appliance.

89

     (c) Administering facial treatments.

90

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

91

depilatories, threading, waxing, sugaring, or tweezing.

92

     (e) Tinting eyebrows or eyelashes with products

93

manufactured specifically for eyebrows or eyelashes.

94

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

95

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

96

skin for aesthetic rather than medical or weight-loss purposes

97

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

98

body using wraps. Body wrapping does not include manipulation of

99

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

100

application of the wrap materials.

101

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

102

lotions, or other fluids.

103

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

104

this chapter to perform or offer to perform for compensation the

105

following services:

106

     (a) Treating a person's hair by:

107

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

108

including arranging, beautifying, lightening, cleansing,

109

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

110

singeing, straightening, styling, tinting, or waving;

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     2. Providing a necessary service that is preparatory or

112

ancillary to a service under subparagraph 1., including clipping,

113

cutting, or trimming; or

114

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

115

service for which a charge is directly or indirectly made

116

separately from charges for any other service.

117

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

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

119

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

120

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

121

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

122

processing, styling, or trimming.

123

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

124

tweezing of the eyebrows and upper and lower lip.

125

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

126

this chapter to perform or offer to perform for compensation the

127

following services:

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     (a) Treating a person's nails by:

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

130

tinting, coloring, cleansing, manicuring, or pedicuring;

131

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

132

extensions, or capping; or

133

     3. Utilizing drills and other mechanical devices on the

134

nails and cuticles.

135

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

136

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

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

138

one or more cosmetology, hair stylist, esthetician, nail

139

technician, or specialty services are offered or performed for

140

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:

143

holding a specialty registration in one or more of the

144

specialties registered under this chapter.

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

146

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

150

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, and

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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.

156

     (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

158

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

164

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

168

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

178

where the hair-arranging services and the application of cosmetic

179

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

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uses herbal wraps for the purposes of cleansing and beautifying

185

the skin of the body, but does not include:

186

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

187

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

190

than that arising from compression emanating from the wrap

191

materials.

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

193

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

195

chemical preparation or other substance, except that chemical

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peels may be removed by peeling an applied preparation from the

197

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

198

cosmetologist or facial specialist within a licensed cosmetology

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

200

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

201

tissue.

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

203

Florida Statutes, is created to read:

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     477.0131 Cosmetologist, hair stylist, esthetician, and nail

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technician 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) shall be licensed as a cosmetologist.

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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(6) shall be licensed as a hair stylist.

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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(5) shall be licensed as an esthetician.

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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(7) shall be licensed as a nail technician.

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

219

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 sanitation

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and sterilization, 4 hours of instruction in disorders and

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

230

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-approved

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board approved and consist of instruction education in HIV/AIDS

236

and other communicable diseases, sanitation and sterilization,

237

disorders and diseases of the scalp, and studies regarding laws

238

affecting 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-

243

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

244

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

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body systems, contraindications, consist of education in HIV/AIDS

246

and other communicable diseases, sanitation and sterilization,

247

disorders and diseases of the skin, and studies regarding laws

248

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

251

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

253

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

260

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

265

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, Florida

268

Statutes, is amended to read:

269

     477.014  Qualifications for practice.--

270

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

271

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

272

chapter may not cosmetologist shall practice in any of the areas

273

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

274

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

275

nail technician.

276

     (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

278

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

279

she is not specifically licensed or registered under this

280

chapter.

281

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

282

perform all the services of a licensed cosmetologist as defined

283

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

284

artificial nails.

285

     (4) A facial specialist registered or enrolled in a

286

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

287

for an esthetician license.

288

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

289

registered or enrolled in a cosmetology school before July 1,

290

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

291

     (6) A specialist registered under this chapter before July

292

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

293

specialty registration without taking the respective licensure

294

examination. Renewal of all registrations, including a full

295

specialty registration that includes facial, manicure, pedicure,

296

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

297

shall be accomplished pursuant to rules adopted by the board.

298

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

299

477.016, Florida Statutes, to read:

300

     477.016  Rulemaking.--

301

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

302

authorized by this chapter to perform natural or artificial nail

303

services and their clients, the board shall adopt rules to

304

require and enforce the following:

305

     (a) Maintenance of a clean and safe work area through

306

pedicure equipment disinfection requirements after each client's

307

pedicure to include use of hospital grade bactericidal,

308

fungicidal, and pseudomonacidal disinfectant for at least 10

309

minutes.

310

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

311

ensuring standards for drills and other mechanical equipment that

312

require them to be either disposable or disinfected between

313

clients to prevent the transmission of infections and diseases.

314

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

315

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

316

contagious conditions that services cannot be provided without a

317

signed statement by a physician indicating that there is no

318

public health problem to the clients themselves, to the

319

technicians, or to other clients.

320

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

321

authorized by this chapter to provide basic facials or advanced

322

skin treatment services involving chemicals and their clients,

323

the board shall adopt rules to require and enforce the following:

324

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

325

standards adopted by the board.

326

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

327

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

328

contagious conditions that services cannot be provided without a

329

signed statement by a physician indicating that there is no

330

public health problem to the clients themselves, to the

331

estheticians, or to other clients.

332

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

333

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

334

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

335

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

336

section, to read:

337

     477.019  Cosmetologists; qualifications; licensure;

338

supervised practice; license renewal; endorsement; continuing

339

education.--

340

     (2)  An applicant shall be eligible for licensure by

341

examination to practice cosmetology if the applicant:

342

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

343

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

344

does not qualify for licensure by endorsement as provided for in

345

subsection (7) (6); or

346

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

347

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

348

limited to, the equivalent of completion of services directly

349

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

350

     a.  A school of cosmetology licensed pursuant to chapter

351

1005.

352

     b.  A cosmetology program within the public school system.

353

     c.  The Cosmetology Division of the Florida School for the

354

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

355

this chapter.

356

     d.  A government-operated cosmetology program in this state.

357

358

The board shall establish by rule procedures whereby the school

359

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

360

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

361

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

362

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

363

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

364

take the examination again until the completion of the full

365

requirements provided by this section.

366

     (3) An application for the licensure examination for any

367

license under this section may be submitted for examination

368

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

369

licensed cosmetology school or a program within the public school

370

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

371

Education with fees as required in paragraph (2)(b). Upon

372

approval, the applicant may schedule the examination on a date

373

when the training hours are completed. An applicant shall have 6

374

months from the date of approval to take the examination. After

375

the 6 months have passed, if the applicant failed to take the

376

examination, the applicant must reapply. The board shall

377

establish by rule the procedures for the pregraduate application

378

process.

379

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

380

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

381

     477.019 Cosmetologists; hair stylists; estheticians; nail

382

technicians; qualifications; licensure; supervised practice;

383

license renewal; endorsement; continuing education.--

384

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

385

a cosmetologist shall apply to the department for licensure.

386

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

387

examination to provide practice cosmetology, hair stylist,

388

esthetician, or nail technician services if the applicant:

389

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

390

school diploma or graduate equivalency diploma or has passed an

391

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

392

test approved by the United States Secretary of Education as

393

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

394

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

395

refundable, and the required examination fee, which is refundable

396

if the applicant is determined to not be eligible for licensure

397

for any reason other than failure to successfully complete the

398

licensure examination.; and

399

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

400

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

401

does not qualify for licensure by endorsement as provided for in

402

subsection (7); or

403

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

404

follows:

405

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

406

     (II) For an esthetician, 600 hours.

407

     (III) For a nail technician, 350 hours.

408

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

409

410

The board shall adopt rules to prevent an applicant from having

411

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

412

licenses may obtain an additional license by completing training

413

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

414

Department of Education and the Commission for Independent

415

Education on the development of such rules.

416

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

417

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

418

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

419

services directly related to the practice of cosmetology at one

420

of the following:

421

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

422

1005.

423

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

424

system.

425

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

426

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

427

of this chapter.

428

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

429

state.

430

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

431

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

432

cosmetologist upon completion of 1,200 hours of education.

433

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

434

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

435

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

436

examination.

437

438

The board shall establish by rule procedures whereby the school

439

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

440

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

441

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

442

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

443

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

444

take the examination again until the completion of the full

445

requirements provided by this section.

446

     (3)  An application for the licensure examination for any

447

license under this section may be submitted for examination

448

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

449

licensed cosmetology school or a program within the public school

450

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

451

Education with fees as required in paragraph (2)(b). Upon

452

approval, the applicant may schedule the examination on a date

453

when the training hours are completed. An applicant shall have 6

454

months from the date of approval to take the examination. After

455

the 6 months have passed, if the applicant failed to take the

456

examination, the applicant must reapply. The board shall

457

establish by rule the procedures for the pregraduate application

458

process.

459

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

460

established by board rule, on the examination and paying the

461

initial licensing fee, the department shall issue a license to

462

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

463

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

464

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

465

examination for a cosmetologist, hair stylist, esthetician, or

466

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

467

the passing applicant may practice until receipt of his or her

468

license, provided that he or she practices under the supervision

469

of an individual who holds the same active license or a

470

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

471

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

472

the examination may not practice as a cosmetologist, hair

473

stylist, esthetician, or nail technician and may immediately

474

reapply for reexamination.

475

     (5) Following the completion of the first licensing

476

examination and pending the results of that examination and

477

issuance of a license to practice cosmetology, graduates of

478

licensed cosmetology schools or cosmetology programs offered in

479

public school systems, which schools or programs are certified by

480

the Department of Education, are eligible to practice

481

cosmetology, provided such graduates practice under the

482

supervision of a licensed cosmetologist in a licensed cosmetology

483

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

484

practice under the supervision of a licensed cosmetologist in a

485

licensed cosmetology salon if the graduate applies for the next

486

available examination and until the graduate receives the results

487

of that examination. No graduate may continue to practice under

488

this subsection if the graduate fails the examination twice.

489

     (6)  Renewal of license registration shall be accomplished

490

pursuant to rules adopted by the board.

491

     (7)  The board shall adopt rules specifying procedures for

492

the licensure by endorsement of practitioners desiring to be

493

licensed in this state who hold a current active license in

494

another state or country and who have met qualifications

495

substantially similar to, equivalent to, or greater than the

496

qualifications required of applicants from this state. For

497

purposes of this subsection, work experience may be substituted

498

for required educational hours in the amount and manner provided

499

by board rule.

500

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

501

education requirements for licensees and registered specialists

502

which intended to ensure the protection of the public through

503

updated training of licensees and registered specialists, not to

504

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

505

license or registration as a specialist under this chapter.

506

Continuing education courses shall include, but not be limited

507

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

508

cosmetology: HIV/AIDS human immunodeficiency virus and acquired

509

immune deficiency syndrome; Occupational Safety and Health

510

Administration regulations; workers' compensation issues; state

511

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

512

practice of cosmetology, salons, specialists, specialty salons,

513

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

514

and nails; and environmental issues. Courses given at educational

515

cosmetology conferences may be counted toward the number of

516

continuing education hours required if approved by the board.

517

     (b)  Any person whose occupation or practice is confined

518

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

519

exempt from the continuing education requirements of this

520

subsection.

521

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

522

violation of a continuing education requirement to take a

523

refresher course or refresher course and examination in addition

524

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

525

course may not exceed 48 hours.

526

     Section 8.  Section 477.0212, Florida Statutes, is amended

527

to read:

528

     477.0212  Inactive status.--

529

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

530

which that has become inactive may be reactivated under s.

531

477.019 upon application to the department.

532

     (2) The board shall adopt promulgate rules relating to

533

licenses that which have become inactive and for the renewal of

534

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

535

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

536

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

537

board shall prescribe by rule the continuing education

538

requirements to be met prior to license renewal or reactivation.

539

     Section 9.  Section 477.023, Florida Statutes, is amended to

540

read:

541

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

542

school of cosmetology may not shall be permitted to operate

543

without a license issued by the Commission for Independent

544

Education pursuant to chapter 1005. However, this chapter does

545

not nothing herein shall be construed to prevent certification by

546

the Department of Education of grooming and salon services and

547

cosmetology training programs within the public school system or

548

to prevent government operation of any other program of

549

cosmetology in this state.

550

     Section 10.  Section 477.025, Florida Statutes, is amended

551

to read:

552

     477.025 Cosmetology salons; specialty Salons; requisites;

553

licensure; inspection; mobile cosmetology salons.--

554

     (1) No cosmetology salon or specialty salon shall be

555

permitted to operate without a license issued by the department

556

except as provided in subsection (11).

557

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

558

operation of salons and specialty salons and their facilities,

559

personnel, and safety and sanitary requirements, and the license

560

application and granting process.

561

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

562

cosmetology salon or specialty salon in the state shall submit to

563

the department a salon an application form upon forms provided by

564

the department, and accompanied by any relevant information

565

requested by the department, and by an application fee.

566

     (4)  Upon receiving the application, the department may

567

cause an investigation to be made of the proposed cosmetology

568

salon or specialty salon.

569

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

570

provided in this section herein, the department shall deny the

571

application in writing and shall list the specific requirements

572

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

573

the requirements of this section herein shall be precluded from

574

reapplying for licensure.

575

     (6)  When the department determines that the proposed

576

cosmetology salon or specialty salon may reasonably be expected

577

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

578

department shall grant the license upon such conditions as it

579

shall deem proper under the circumstances and upon payment of the

580

original licensing fee.

581

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

582

specialty salon may be transferred from the name of the original

583

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

584

another only upon approval by the department, which approval

585

shall not be unreasonably withheld.

586

     (8) Renewal of license registration for cosmetology salons

587

or specialty salons shall be accomplished pursuant to rules

588

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

589

rules governing delinquent renewal of licenses and may impose

590

penalty fees for delinquent renewal.

591

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

592

periodic inspection of cosmetology salons and specialty salons

593

licensed under this chapter.

594

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

595

licensure, operation, and inspection of mobile cosmetology

596

salons, including their facilities, personnel, and safety and

597

sanitary requirements.

598

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

599

operating requirements specified in this chapter or chapter 455

600

or rules of the board or department that apply to cosmetology

601

salons at fixed locations, except to the extent that such

602

requirements conflict with this subsection or rules adopted

603

pursuant to this subsection.

604

     (c) A mobile cosmetology salon must maintain a permanent

605

business address, located in the inspection area of the local

606

department office, at which records of appointments, itineraries,

607

license numbers of employees, and vehicle identification numbers

608

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

609

available for verification purposes by department personnel, and

610

at which correspondence from the department can be received.

611

     (d)  To facilitate periodic inspections of mobile

612

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

613

mobile salon licenseholder must file with the board a written

614

monthly itinerary listing the locations where and the dates and

615

hours when the mobile salon will be operating.

616

     (e) The board shall establish fees for mobile cosmetology

617

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

618

locations.

619

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

620

compliance with all local laws and ordinances regulating business

621

establishments, with all applicable requirements of the Americans

622

with Disabilities Act relating to accommodations for persons with

623

disabilities, and with all applicable OSHA requirements.

624

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

625

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

626

cosmetologist licensed pursuant to s. 477.019 may provide salon

627

services exclusively for facility residents.

628

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

629

Florida Statutes, is amended to read:

630

     477.026  Fees; disposition.--

631

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

632

schedule:

633

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

634

cosmetologists, fees for original licensing, license renewal, and

635

delinquent renewal may shall not exceed $25.

636

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

637

cosmetologists, fees for endorsement application, examination,

638

and reexamination may shall not exceed $50.

639

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

640

application, original licensing, license renewal, and delinquent

641

renewal may shall not exceed $50.

642

     (d) For specialists, fees for application and endorsement

643

registration shall not exceed $30.

644

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

645

registration renewal, and delinquent renewal may shall not exceed

646

$50.

647

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

648

fees for registration may shall not exceed $25.

649

     (2)  All moneys collected by the department from fees

650

authorized by this chapter shall be paid into the Professional

651

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

652

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

653

The Legislature may appropriate any excess moneys from this fund

654

to the General Revenue Fund.

655

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

656

prepare and submit a proposed budget in accordance with law.

657

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

658

Florida Statutes, is amended to read:

659

     477.0263 Cosmetology, hair stylist, esthetician, nail

660

technician, or specialty services to be performed in licensed

661

salon; exceptions exception.--

662

     (1) Cosmetology, hair stylist, esthetician, nail

663

technician, or specialty services shall be performed only by

664

licensed cosmetologists, hair stylists, estheticians, or nail

665

technicians or registered specialists in licensed salons, except

666

as otherwise provided in this section.

667

     (2)  Pursuant to rules established by the board,

668

cosmetology, hair stylist, esthetician, nail technician, or

669

specialty services may be performed by a licensed cosmetologist,

670

hair stylist, esthetician, or nail technician or a registered

671

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

672

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

673

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

674

salon. Arrangements for the performance of such cosmetology, hair

675

stylist, esthetician, nail technician, or specialty services in a

676

location other than a licensed salon shall be made only through a

677

licensed salon.

678

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

679

state or who is authorized to practice cosmetology in any

680

country, territory, or jurisdiction of the United States may

681

perform cosmetology services in a location other than a licensed

682

salon when such services are performed in connection with the

683

motion picture, fashion photography, theatrical, or television

684

industry; a photography studio salon; a manufacturer trade show

685

demonstration; a department store demonstration; or an

686

educational seminar.

687

     (4) Pursuant to rules established by the board,

688

cosmetology, hair stylist, esthetician, nail technician, or

689

specialty services may be performed in a location other than a

690

licensed salon when such services are performed in connection

691

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

692

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

693

specialty registration. An appointment for the performance of

694

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

695

made through a licensed salon.

696

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

697

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

698

section is republished, to read:

699

     477.0265  Prohibited acts.--

700

     (1)  It is unlawful for any person to:

701

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

702

containing a razor blade, commonly referred to as a credo, to

703

remove, scrape, and cut calluses from the hands or feet.

704

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

705

commits a misdemeanor of the second degree, punishable as

706

provided in s. 775.082 or s. 775.083.

707

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

708

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

709

     477.0265  Prohibited acts.--

710

     (1)  It is unlawful for any person to:

711

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

712

esthetician, or nail technician services or a specialty without

713

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

714

or nail technician or registration as a specialist issued by the

715

department pursuant to the provisions of this chapter.

716

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

717

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

718

cosmetology salon or specialty salon:

719

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

720

chapter; or

721

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

722

stylist, esthetician, or nail technician or registered as a

723

cosmetologist or a specialist is permitted to perform

724

cosmetology, hair stylist, esthetician, or nail technician

725

services or any specialty.

726

     (c)  Engage in willful or repeated violations of this

727

chapter or of any rule adopted by the board.

728

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

729

cosmetology, hair stylist, esthetician, or nail technician

730

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

731

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

732

nail technician or holds a registration as a specialist.

733

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

734

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

735

value or by fraudulent misrepresentations.

736

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

737

cosmetology, hair styling, esthetician, or nail technician

738

services or a registration to practice a specialty, which license

739

or registration is suspended or revoked.

740

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

741

wrapping, as performed under this chapter, has have any

742

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

743

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

744

477.013.

745

     (h) In the provision practice of cosmetology, nail

746

technician, or specialty services, use or possess a cosmetic

747

product containing a liquid nail monomer containing any trace of

748

methyl methacrylate (MMA).

749

     (i) In the provision practice of cosmetology, nail

750

technician, or manicure or pedicure specialty services, use or

751

possess a device containing a razor blade, commonly referred to

752

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

753

feet.

754

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

755

commits a misdemeanor of the second degree, punishable as

756

provided in s. 775.082 or s. 775.083.

757

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

758

Florida Statutes, is amended to read:

759

     477.028  Disciplinary proceedings.--

760

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

761

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

762

nail technician licensed under this chapter, or the registration

763

of a specialist registered under this chapter, and may to

764

reprimand, censure, deny subsequent licensure or registration of,

765

or otherwise discipline a cosmetologist, hair stylist,

766

esthetician, nail technician, or a specialist licensed or

767

registered under this chapter in any of the following cases:

768

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

769

obtained by fraud or misrepresentation.

770

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

771

is guilty of fraud or deceit or of gross negligence,

772

incompetency, or misconduct in the practice or instruction of

773

cosmetology or a specialty.

774

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

775

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

776

unlicensed person to practice as a cosmetologist, hair stylist,

777

esthetician, or nail technician.

778

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

779

the license of a cosmetology salon or a specialty salon licensed

780

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

781

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

782

such salon in either of the following cases:

783

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

784

misrepresentation.

785

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

786

fraud or deceit or of gross negligence, incompetency, or

787

misconduct in the operation of the salon so licensed.

788

     (3)  Disciplinary proceedings shall be conducted pursuant to

789

the provisions of chapter 120.

790

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

791

or certificate of registration under this chapter to any person

792

against whom or salon against which the board has assessed a

793

fine, interest, or costs associated with investigation and

794

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

795

interest, or costs associated with investigation and prosecution

796

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

797

and conditions of the final order.

798

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

799

Florida Statutes, is amended to read:

800

     477.029  Penalty.--

801

     (1)  It is unlawful for any person to:

802

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

803

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

804

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

805

or otherwise authorized, as provided in this chapter.

806

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

807

licensed as provided in this chapter.

808

     (c) Permit an employed person to provide practice

809

cosmetology, hairstyling, esthetician, nail technician, or a

810

specialty services unless duly licensed or registered, or

811

otherwise authorized, as provided in this chapter.

812

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

813

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

814

obtaining any license provided for in this chapter.

815

     (f)  Impersonate any other licenseholder of like or

816

different name.

817

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

818

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

819

s. 477.028.

820

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

821

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

822

the department.

823

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

824

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

825

determined by the board:

826

     (a)  Revocation or suspension of any license or registration

827

issued pursuant to this chapter.

828

     (b)  Issuance of a reprimand or censure.

829

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

830

for each count or separate offense.

831

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

832

to such reasonable conditions as the board may specify.

833

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

834

licensure.

835

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

836

Florida Statutes, is repealed.

837

     Section 18. The Department of Business and Professional

838

Regulation in conjunction with the Board of Cosmetology shall

839

evaluate the feasibility, processes, and associated costs of

840

using a national examination for cosmetology, hair stylist,

841

esthetician, and nail technician services licenses that would

842

improve reciprocity with other states. The findings of the

843

evaluation shall be made available to the Legislature and to the

844

public no later than January 1, 2009.

845

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

846

$60,149 in nonrecurring funds is appropriated from the

847

Administrative Trust Fund of the Department of Business and

848

Professional Regulation to carry out the central-service

849

administrative support functions related to the licensing

850

provisions of this act.

851

     Section 20.  Except as otherwise expressly provided in this

852

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