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

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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.

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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.;

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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;

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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 effective dates.

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

56

57

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

58

Statutes, is amended to read:

59

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

60

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

61

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

62

Professional Regulation.

63

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

64

this chapter to engage in the practice of cosmetology in this

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state under the authority of this chapter.

66

     (4)  "Cosmetology" means the mechanical or chemical

67

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

68

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

69

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

70

and hair relaxing for compensation. This term also includes

71

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

72

nail technician, including manicures and pedicures of the natural

73

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

74

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

75

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

76

chemical peels and other skin treatments hair removal, including

77

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

78

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

79

authority of this chapter to perform or offer to perform for

80

compensation the following services:

81

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

82

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

83

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

84

powder, oil, clay, cream, or appliance.

85

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

86

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

87

appliance.

88

     (c) Administering facial treatments.

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

90

depilatories, threading, waxing, sugaring, or tweezing.

91

     (e) Tinting eyebrows or eyelashes with products

92

manufactured specifically for eyebrows or eyelashes.

93

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

94

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

95

skin for aesthetic rather than medical or weight-loss purposes

96

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

97

body using wraps. Body wrapping does not include manipulation of

98

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

99

application of the wrap materials.

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

101

lotions, or other fluids.

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

103

this chapter to perform or offer to perform for compensation the

104

following services:

105

     (a) Treating a person's hair by:

106

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

107

including arranging, beautifying, lightening, cleansing,

108

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

109

singeing, straightening, styling, tinting, or waving;

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     2. Providing a necessary service that is preparatory or

111

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

112

cutting, or trimming; or

113

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

114

service for which a charge is directly or indirectly made

115

separately from charges for any other service.

116

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

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

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

119

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

120

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

121

processing, styling, or trimming.

122

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

123

tweezing of the eyebrows and upper and lower lip.

124

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

125

this chapter to perform or offer to perform for compensation the

126

following services:

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     (a) Treating a person's nails by:

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

129

tinting, coloring, cleansing, manicuring, or pedicuring;

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

131

extensions, or capping; or

132

     3. Utilizing drills and other mechanical devices on the

133

nails and cuticles.

134

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

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

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

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one or more cosmetology, hair stylist, esthetician, nail

138

technician, or specialty services are offered or performed for

139

compensation.

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

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

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holding a specialty registration in one or more of the

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specialties registered under this chapter.

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

145

following:

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

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

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massaging of the hands. This term includes any procedure or

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process for the affixing of artificial nails, except those nails

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

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massaging of the hands.

152

     (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 without involving massage, as defined in s.

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480.033(3).

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

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

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applying hair tonics.

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

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

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subsection (6) are engaged in or carried on.

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

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

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

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chemical treatment and does not include the use of hair

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extensions or wefts.

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

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where the hair-arranging services and the application of cosmetic

178

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

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the skin of the body, but does not include:

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

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the body, except fluids contained in presoaked materials used in

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the wraps; or

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

189

than that arising from compression emanating from the wrap

190

materials.

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

192

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

199

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

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tissue.

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

202

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,

218

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

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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

235

and other communicable diseases, sanitation and sterilization,

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disorders and diseases of the scalp, and studies regarding laws

237

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-

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

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

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

245

and other communicable diseases, sanitation and sterilization,

246

disorders and diseases of the skin, and studies regarding laws

247

affecting body wrapping.

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

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course and text required of an applicant for registration under

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this section subsection in the occupation or practice of hair

251

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

252

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

264

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

267

Statutes, is amended to read:

268

     477.014  Qualifications for practice.--

269

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

270

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

271

chapter may not cosmetologist shall practice in any of the areas

272

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

273

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

274

nail technician.

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

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

277

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

278

she is not specifically licensed or registered under this

279

chapter.

280

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

281

perform all the services of a licensed cosmetologist as defined

282

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

283

artificial nails.

284

     (4) A facial specialist registered or enrolled in a

285

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

286

for an esthetician license.

287

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

288

registered or enrolled in a cosmetology school before July 1,

289

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

290

     (6) A specialist registered under this chapter before July

291

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

292

specialty registration without taking the respective licensure

293

examination. Renewal of all registrations, including a full

294

specialty registration that includes facial, manicure, pedicure,

295

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

296

shall be accomplished pursuant to rules adopted by the board.

297

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

298

477.016, Florida Statutes, to read:

299

     477.016  Rulemaking.--

300

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

301

authorized by this chapter to perform natural or artificial nail

302

services and their clients, the board shall adopt rules to

303

require and enforce the following:

304

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

305

pedicure equipment disinfection requirements after each client's

306

pedicure to include use of hospital grade bactericidal,

307

fungicidal, and pseudomonacidal disinfectant for at least 10

308

minutes.

309

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

310

ensuring standards for drills and other mechanical equipment that

311

require them to be either disposable or disinfected between

312

clients to prevent the transmission of infections and diseases.

313

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

314

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

315

contagious conditions that services cannot be provided without a

316

signed statement by a physician indicating that there is no

317

public health problem to the clients themselves, to the

318

technicians, or to other clients.

319

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

320

authorized by this chapter to provide basic facials or advanced

321

skin treatment services involving chemicals and their clients,

322

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

323

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

324

standards adopted by the board.

325

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

326

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

327

contagious conditions that services cannot be provided without a

328

signed statement by a physician indicating that there is no

329

public health problem to the clients themselves, to the

330

estheticians, or to other clients.

331

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

332

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

333

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

334

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

335

section, to read:

336

     477.019  Cosmetologists; qualifications; licensure;

337

supervised practice; license renewal; endorsement; continuing

338

education.--

339

     (2)  An applicant shall be eligible for licensure by

340

examination to practice cosmetology if the applicant:

341

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

342

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

343

does not qualify for licensure by endorsement as provided for in

344

subsection (7) (6); or

345

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

346

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

347

limited to, the equivalent of completion of services directly

348

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

349

     a.  A school of cosmetology licensed pursuant to chapter

350

1005.

351

     b.  A cosmetology program within the public school system.

352

     c.  The Cosmetology Division of the Florida School for the

353

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

354

this chapter.

355

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

356

357

The board shall establish by rule procedures whereby the school

358

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

359

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

360

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

361

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

362

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

363

take the examination again until the completion of the full

364

requirements provided by this section.

365

     (3) An application for the licensure examination for any

366

license under this section may be submitted for examination

367

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

368

licensed cosmetology school or a program within the public school

369

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

370

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

371

approval, the applicant may schedule the examination on a date

372

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

373

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

374

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

375

examination, the applicant must reapply. The board shall

376

establish by rule the procedures for the pregraduate application

377

process.

378

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

379

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

380

     477.019 Cosmetologists; hair stylists; estheticians; nail

381

technicians; qualifications; licensure; supervised practice;

382

license renewal; endorsement; continuing education.--

383

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

384

a cosmetologist shall apply to the department for licensure.

385

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

386

examination to provide practice cosmetology, hair stylist,

387

esthetician, or nail technician services if the applicant:

388

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

389

school diploma or graduate equivalency diploma or has passed an

390

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

391

test approved by the United States Secretary of Education as

392

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

393

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

394

refundable, and the required examination fee, which is refundable

395

if the applicant is determined to not be eligible for licensure

396

for any reason other than failure to successfully complete the

397

licensure examination.; and

398

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

399

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

400

does not qualify for licensure by endorsement as provided for in

401

subsection (7); or

402

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

403

follows:

404

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

405

     (II) For an esthetician, 600 hours.

406

     (III) For a nail technician, 350 hours.

407

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

408

409

The board shall adopt rules to prevent an applicant from having

410

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

411

licenses may obtain an additional license by completing training

412

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

413

Department of Education and the Commission for Independent

414

Education on the development of such rules.

415

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

416

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

417

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

418

services directly related to the practice of cosmetology at one

419

of the following:

420

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

421

1005.

422

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

423

system.

424

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

425

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

426

of this chapter.

427

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

428

state.

429

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

430

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

431

cosmetologist upon completion of 1,200 hours of education.

432

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

433

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

434

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

435

examination.

436

437

The board shall establish by rule procedures whereby the school

438

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

439

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

440

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

441

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

442

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

443

take the examination again until the completion of the full

444

requirements provided by this section.

445

     (3)  An application for the licensure examination for any

446

license under this section may be submitted for examination

447

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

448

licensed cosmetology school or a program within the public school

449

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

450

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

451

approval, the applicant may schedule the examination on a date

452

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

453

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

454

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

455

examination, the applicant must reapply. The board shall

456

establish by rule the procedures for the pregraduate application

457

process.

458

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

459

established by board rule, on the examination and paying the

460

initial licensing fee, the department shall issue a license to

461

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

462

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

463

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

464

examination for a cosmetologist, hair stylist, esthetician, or

465

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

466

the passing applicant may practice until receipt of his or her

467

license, provided that he or she practices under the supervision

468

of an individual who holds the same active license or a

469

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

470

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

471

the examination may not practice as a cosmetologist, hair

472

stylist, esthetician, or nail technician and may immediately

473

reapply for reexamination.

474

     (5) Following the completion of the first licensing

475

examination and pending the results of that examination and

476

issuance of a license to practice cosmetology, graduates of

477

licensed cosmetology schools or cosmetology programs offered in

478

public school systems, which schools or programs are certified by

479

the Department of Education, are eligible to practice

480

cosmetology, provided such graduates practice under the

481

supervision of a licensed cosmetologist in a licensed cosmetology

482

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

483

practice under the supervision of a licensed cosmetologist in a

484

licensed cosmetology salon if the graduate applies for the next

485

available examination and until the graduate receives the results

486

of that examination. No graduate may continue to practice under

487

this subsection if the graduate fails the examination twice.

488

     (6)  Renewal of license registration shall be accomplished

489

pursuant to rules adopted by the board.

490

     (7)  The board shall adopt rules specifying procedures for

491

the licensure by endorsement of practitioners desiring to be

492

licensed in this state who hold a current active license in

493

another state or country and who have met qualifications

494

substantially similar to, equivalent to, or greater than the

495

qualifications required of applicants from this state. For

496

purposes of this subsection, work experience may be substituted

497

for required educational hours in the amount and manner provided

498

by board rule.

499

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

500

education requirements for licensees and registered specialists

501

which intended to ensure the protection of the public through

502

updated training of licensees and registered specialists, not to

503

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

504

license or registration as a specialist under this chapter.

505

Continuing education courses shall include, but not be limited

506

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

507

cosmetology: HIV/AIDS human immunodeficiency virus and acquired

508

immune deficiency syndrome; Occupational Safety and Health

509

Administration regulations; workers' compensation issues; state

510

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

511

practice of cosmetology, salons, specialists, specialty salons,

512

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

513

and nails; and environmental issues. Courses given at educational

514

cosmetology conferences may be counted toward the number of

515

continuing education hours required if approved by the board.

516

     (b)  Any person whose occupation or practice is confined

517

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

518

exempt from the continuing education requirements of this

519

subsection.

520

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

521

violation of a continuing education requirement to take a

522

refresher course or refresher course and examination in addition

523

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

524

course may not exceed 48 hours.

525

     Section 8.  Section 477.0212, Florida Statutes, is amended

526

to read:

527

     477.0212  Inactive status.--

528

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

529

which that has become inactive may be reactivated under s.

530

477.019 upon application to the department.

531

     (2) The board shall adopt promulgate rules relating to

532

licenses that which have become inactive and for the renewal of

533

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

534

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

535

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

536

board shall prescribe by rule the continuing education

537

requirements to be met prior to license renewal or reactivation.

538

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

539

read:

540

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

541

school of cosmetology may not shall be permitted to operate

542

without a license issued by the Commission for Independent

543

Education pursuant to chapter 1005. However, this chapter does

544

not nothing herein shall be construed to prevent certification by

545

the Department of Education of grooming and salon services and

546

cosmetology training programs within the public school system or

547

to prevent government operation of any other program of

548

cosmetology in this state.

549

     Section 10.  Section 477.025, Florida Statutes, is amended

550

to read:

551

     477.025 Cosmetology salons; specialty Salons; requisites;

552

licensure; inspection; mobile cosmetology salons.--

553

     (1) No cosmetology salon or specialty salon shall be

554

permitted to operate without a license issued by the department

555

except as provided in subsection (11).

556

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

557

operation of salons and specialty salons and their facilities,

558

personnel, and safety and sanitary requirements, and the license

559

application and granting process.

560

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

561

cosmetology salon or specialty salon in the state shall submit to

562

the department a salon an application form upon forms provided by

563

the department, and accompanied by any relevant information

564

requested by the department, and by an application fee.

565

     (4)  Upon receiving the application, the department may

566

cause an investigation to be made of the proposed cosmetology

567

salon or specialty salon.

568

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

569

provided in this section herein, the department shall deny the

570

application in writing and shall list the specific requirements

571

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

572

the requirements of this section herein shall be precluded from

573

reapplying for licensure.

574

     (6)  When the department determines that the proposed

575

cosmetology salon or specialty salon may reasonably be expected

576

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

577

department shall grant the license upon such conditions as it

578

shall deem proper under the circumstances and upon payment of the

579

original licensing fee.

580

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

581

specialty salon may be transferred from the name of the original

582

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

583

another only upon approval by the department, which approval

584

shall not be unreasonably withheld.

585

     (8) Renewal of license registration for cosmetology salons

586

or specialty salons shall be accomplished pursuant to rules

587

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

588

rules governing delinquent renewal of licenses and may impose

589

penalty fees for delinquent renewal.

590

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

591

periodic inspection of cosmetology salons and specialty salons

592

licensed under this chapter.

593

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

594

licensure, operation, and inspection of mobile cosmetology

595

salons, including their facilities, personnel, and safety and

596

sanitary requirements.

597

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

598

operating requirements specified in this chapter or chapter 455

599

or rules of the board or department that apply to cosmetology

600

salons at fixed locations, except to the extent that such

601

requirements conflict with this subsection or rules adopted

602

pursuant to this subsection.

603

     (c) A mobile cosmetology salon must maintain a permanent

604

business address, located in the inspection area of the local

605

department office, at which records of appointments, itineraries,

606

license numbers of employees, and vehicle identification numbers

607

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

608

available for verification purposes by department personnel, and

609

at which correspondence from the department can be received.

610

     (d)  To facilitate periodic inspections of mobile

611

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

612

mobile salon licenseholder must file with the board a written

613

monthly itinerary listing the locations where and the dates and

614

hours when the mobile salon will be operating.

615

     (e) The board shall establish fees for mobile cosmetology

616

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

617

locations.

618

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

619

compliance with all local laws and ordinances regulating business

620

establishments, with all applicable requirements of the Americans

621

with Disabilities Act relating to accommodations for persons with

622

disabilities, and with all applicable OSHA requirements.

623

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

624

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

625

cosmetologist licensed pursuant to s. 477.019 may provide salon

626

services exclusively for facility residents.

627

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

628

Florida Statutes, is amended to read:

629

     477.026  Fees; disposition.--

630

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

631

schedule:

632

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

633

cosmetologists, fees for original licensing, license renewal, and

634

delinquent renewal may shall not exceed $25.

635

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

636

cosmetologists, fees for endorsement application, examination,

637

and reexamination may shall not exceed $50.

638

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

639

application, original licensing, license renewal, and delinquent

640

renewal may shall not exceed $50.

641

     (d) For specialists, fees for application and endorsement

642

registration shall not exceed $30.

643

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

644

registration renewal, and delinquent renewal may shall not exceed

645

$50.

646

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

647

fees for registration may shall not exceed $25.

648

     (2)  All moneys collected by the department from fees

649

authorized by this chapter shall be paid into the Professional

650

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

651

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

652

The Legislature may appropriate any excess moneys from this fund

653

to the General Revenue Fund.

654

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

655

prepare and submit a proposed budget in accordance with law.

656

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

657

Florida Statutes, is amended to read:

658

     477.0263 Cosmetology, hair stylist, esthetician, nail

659

technician, or specialty services to be performed in licensed

660

salon; exceptions exception.--

661

     (1) Cosmetology, hair stylist, esthetician, nail

662

technician, or specialty services shall be performed only by

663

licensed cosmetologists, hair stylists, estheticians, or nail

664

technicians or registered specialists in licensed salons, except

665

as otherwise provided in this section.

666

     (2)  Pursuant to rules established by the board,

667

cosmetology, hair stylist, esthetician, nail technician, or

668

specialty services may be performed by a licensed cosmetologist,

669

hair stylist, esthetician, or nail technician or a registered

670

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

671

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

672

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

673

salon. Arrangements for the performance of such cosmetology, hair

674

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

675

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

676

licensed salon.

677

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

678

state or who is authorized to practice cosmetology in any

679

country, territory, or jurisdiction of the United States may

680

perform cosmetology services in a location other than a licensed

681

salon when such services are performed in connection with the

682

motion picture, fashion photography, theatrical, or television

683

industry; a photography studio salon; a manufacturer trade show

684

demonstration; a department store demonstration; or an

685

educational seminar.

686

     (4) Pursuant to rules established by the board,

687

cosmetology, hair stylist, esthetician, nail technician, or

688

specialty services may be performed in a location other than a

689

licensed salon when such services are performed in connection

690

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

691

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

692

specialty registration. An appointment for the performance of

693

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

694

made through a licensed salon.

695

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

696

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

697

section is republished, to read:

698

     477.0265  Prohibited acts.--

699

     (1)  It is unlawful for any person to:

700

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

701

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

702

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

703

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

704

commits a misdemeanor of the second degree, punishable as

705

provided in s. 775.082 or s. 775.083.

706

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

707

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

708

     477.0265  Prohibited acts.--

709

     (1)  It is unlawful for any person to:

710

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

711

esthetician, or nail technician services or a specialty without

712

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

713

or nail technician or registration as a specialist issued by the

714

department pursuant to the provisions of this chapter.

715

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

716

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

717

cosmetology salon or specialty salon:

718

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

719

chapter; or

720

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

721

stylist, esthetician, or nail technician or registered as a

722

cosmetologist or a specialist is permitted to perform

723

cosmetology, hair stylist, esthetician, or nail technician

724

services or any specialty.

725

     (c)  Engage in willful or repeated violations of this

726

chapter or of any rule adopted by the board.

727

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

728

cosmetology, hair stylist, esthetician, or nail technician

729

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

730

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

731

nail technician or holds a registration as a specialist.

732

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

733

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

734

value or by fraudulent misrepresentations.

735

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

736

cosmetology, hair styling, esthetician, or nail technician

737

services or a registration to practice a specialty, which license

738

or registration is suspended or revoked.

739

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

740

wrapping, as performed under this chapter, has have any

741

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

742

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

743

477.013.

744

     (h) In the provision practice of cosmetology, nail

745

technician, or specialty services, use or possess a cosmetic

746

product containing a liquid nail monomer containing any trace of

747

methyl methacrylate (MMA).

748

     (i) In the provision practice of cosmetology, nail

749

technician, or manicure or pedicure specialty services, use or

750

possess a device containing a razor blade, commonly referred to

751

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

752

feet.

753

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

754

commits a misdemeanor of the second degree, punishable as

755

provided in s. 775.082 or s. 775.083.

756

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

757

Florida Statutes, is amended to read:

758

     477.028  Disciplinary proceedings.--

759

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

760

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

761

nail technician licensed under this chapter, or the registration

762

of a specialist registered under this chapter, and may to

763

reprimand, censure, deny subsequent licensure or registration of,

764

or otherwise discipline a cosmetologist, hair stylist,

765

esthetician, nail technician, or a specialist licensed or

766

registered under this chapter in any of the following cases:

767

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

768

obtained by fraud or misrepresentation.

769

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

770

is guilty of fraud or deceit or of gross negligence,

771

incompetency, or misconduct in the practice or instruction of

772

cosmetology or a specialty.

773

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

774

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

775

unlicensed person to practice as a cosmetologist, hair stylist,

776

esthetician, or nail technician.

777

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

778

the license of a cosmetology salon or a specialty salon licensed

779

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

780

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

781

such salon in either of the following cases:

782

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

783

misrepresentation.

784

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

785

fraud or deceit or of gross negligence, incompetency, or

786

misconduct in the operation of the salon so licensed.

787

     (3)  Disciplinary proceedings shall be conducted pursuant to

788

the provisions of chapter 120.

789

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

790

or certificate of registration under this chapter to any person

791

against whom or salon against which the board has assessed a

792

fine, interest, or costs associated with investigation and

793

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

794

interest, or costs associated with investigation and prosecution

795

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

796

and conditions of the final order.

797

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

798

Florida Statutes, is amended to read:

799

     477.029  Penalty.--

800

     (1)  It is unlawful for any person to:

801

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

802

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

803

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

804

or otherwise authorized, as provided in this chapter.

805

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

806

licensed as provided in this chapter.

807

     (c) Permit an employed person to provide practice

808

cosmetology, hairstyling, esthetician, nail technician, or a

809

specialty services unless duly licensed or registered, or

810

otherwise authorized, as provided in this chapter.

811

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

812

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

813

obtaining any license provided for in this chapter.

814

     (f)  Impersonate any other licenseholder of like or

815

different name.

816

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

817

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

818

s. 477.028.

819

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

820

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

821

the department.

822

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

823

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

824

determined by the board:

825

     (a)  Revocation or suspension of any license or registration

826

issued pursuant to this chapter.

827

     (b)  Issuance of a reprimand or censure.

828

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

829

for each count or separate offense.

830

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

831

to such reasonable conditions as the board may specify.

832

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

833

licensure.

834

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

835

Florida Statutes, is repealed.

836

     Section 18. The Department of Business and Professional

837

Regulation in conjunction with the Board of Cosmetology shall

838

evaluate the feasibility, processes, and associated costs of

839

using a national examination for cosmetology, hair stylist,

840

esthetician, and nail technician services licenses that would

841

improve reciprocity with other states. The findings of the

842

evaluation shall be made available to the Legislature and to the

843

public no later than January 1, 2009.

844

     Section 19.  Except as otherwise expressly provided in this

845

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