ENROLLED

2008 LegislatureCS for CS for CS for SB 996

2008996er

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

providing and revising definitions; redefining

"cosmetology" to include specified services and exclude

artificial nails and use of certain skin treatments;

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

technician"; including body wrapping within esthetician

services; removing a distinction between specialty salons

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

licensure for cosmetologists, hair stylists, estheticians,

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

authorizing renewal of current body wrapping

registrations; increasing length of required course;

specifying that only the Board of Cosmetology may review,

evaluate, and approve required course and text; amending

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

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

specialists to sit for licensure examinations in certain

circumstances; providing for the renewal of current

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

requiring the Board of Cosmetology to adopt rules relating

to protection of health of clients, nail technicians, and

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

qualifications, education, licensure and renewal,

supervised practice, and endorsement requirements to

include and differentiate such requirements for

cosmetologists, hair stylists, estheticians, and nail

technicians; requiring the board to adopt certain

procedures relating to licensure by endorsement; amending

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

rules relating to license renewal or continuing education;

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

of Education is not prevented from issuing certain

grooming and salon services certification; amending s.

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

salons, requisites, licensure, inspection, and mobile

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

revising fee provisions to require specialties that are

currently licensed to pay a fee commensurate with prior

registration fees; revising fee provisions to conform with

other changes made by the act; amending s. 477.0263, F.S.;

specifying circumstances under which cosmetology, hair

stylist, esthetician, nail technician, or specialty

services may be practiced outside of a licensed salon;

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

to conform; prohibiting the use or possession of a device

containing a razor blade to remove, scrape, or cut

calluses from the hands or feet; amending s. 477.028,

F.S., relating to disciplinary proceedings, to conform;

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

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

relating to specialty registration, qualifications,

registration renewal, and endorsement; requiring a report

to the Legislature on the use of a national examination

for certain licenses in order to improve reciprocity with

other states; providing an appropriation; providing

effective dates.

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

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

Statutes, is amended to read:

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

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

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

Professional Regulation.

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

this chapter to engage in the practice of cosmetology in this

state under the authority of this chapter.

(4) "Cosmetology" means the mechanical or chemical

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

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

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

and hair relaxing for compensation. This term also includes

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

nail technician, including manicures and pedicures of the natural

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

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

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

chemical peels and other skin treatments hair removal, including

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

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

authority of this chapter to perform or offer to perform for

compensation the following services:

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

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

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

powder, oil, clay, cream, or appliance.

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

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

appliance.

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

depilatories, threading, waxing, sugaring, or tweezing.

(e) Tinting eyebrows or eyelashes with products

manufactured specifically for eyebrows or eyelashes.

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

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

skin for aesthetic rather than medical or weight-loss purposes

100

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

101

body using wraps. Body wrapping does not include manipulation of

102

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

103

application of the wrap materials.

104

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

105

lotions, or other fluids.

106

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

107

this chapter to perform or offer to perform for compensation the

108

following services:

109

(a) Treating a person's hair by:

110

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

111

including arranging, beautifying, lightening, cleansing,

112

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

113

singeing, straightening, styling, tinting, or waving;

114

2. Providing a necessary service that is preparatory or

115

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

116

cutting, or trimming; or

117

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

118

service for which a charge is directly or indirectly made

119

separately from charges for any other service.

120

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

121

122

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

123

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

124

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

125

processing, styling, or trimming.

126

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

127

tweezing of the eyebrows and upper and lower lip.

128

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

129

this chapter to perform or offer to perform for compensation the

130

following services:

131

(a) Treating a person's nails by:

132

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

133

tinting, coloring, cleansing, manicuring, or pedicuring;

134

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

135

extensions, or capping; or

136

3. Utilizing drills and other mechanical devices on the

137

nails and cuticles.

138

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

139

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

140

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

141

one or more cosmetology, hair stylist, esthetician, nail

142

technician, or specialty services are offered or performed for

143

compensation.

144

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

145

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

146

holding a specialty registration in one or more of the

147

specialties registered under this chapter.

148

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

149

following:

150

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

151

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

152

massaging of the hands. This term includes any procedure or

153

process for the affixing of artificial nails, except those nails

154

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

155

massaging of the hands.

156

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

157

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

158

of the feet.

159

160

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

161

care services without involving massage, as defined in s.

162

480.033(3).

163

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

164

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

165

applying hair tonics.

166

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

167

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

168

subsection (6) are engaged in or carried on.

169

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

170

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

171

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

172

chemical treatment and does not include the use of hair

173

extensions or wefts.

174

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

175

materials around a strand or strands of human hair, for

176

compensation, without cutting, coloring, permanent waving,

177

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

178

hair extensions, or performing any other service defined as

179

cosmetology.

180

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

181

where the hair-arranging services and the application of cosmetic

182

products are performed solely for the purpose of preparing the

183

model or client for the photographic session without shampooing,

184

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

185

hair or performing any other service defined as cosmetology.

186

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

187

uses herbal wraps for the purposes of cleansing and beautifying

188

the skin of the body, but does not include:

189

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

190

the body, except fluids contained in presoaked materials used in

191

the wraps; or

192

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

193

than that arising from compression emanating from the wrap

194

materials.

195

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

196

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

197

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

198

chemical preparation or other substance, except that chemical

199

peels may be removed by peeling an applied preparation from the

200

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

201

cosmetologist or facial specialist within a licensed cosmetology

202

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

203

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

204

tissue.

205

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

206

Florida Statutes, is created to read:

207

477.0131 Cosmetologist, hair stylist, esthetician, and nail

208

technician licenses.--

209

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

210

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

211

477.013(4) shall be licensed as a cosmetologist.

212

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

213

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

214

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

215

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

216

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

217

477.013(5) shall be licensed as an esthetician.

218

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

219

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

220

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

221

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

222

Florida Statutes, is amended to read:

223

477.0132 Hair braiding, hair wrapping, and body wrapping

224

registration.--

225

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

226

confined solely to hair braiding shall must register with the

227

department, shall pay the applicable registration fee, and shall

228

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

229

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

230

other communicable diseases, 5 hours of instruction in sanitation

231

and sterilization, 4 hours of instruction in disorders and

232

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

233

regarding laws affecting hair braiding.

234

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

235

confined solely to hair wrapping shall must register with the

236

department, shall pay the applicable registration fee, and shall

237

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

238

board approved and consist of instruction education in HIV/AIDS

239

and other communicable diseases, sanitation and sterilization,

240

disorders and diseases of the scalp, and studies regarding laws

241

affecting hair wrapping.

242

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

243

under this chapter, any person whose occupation or practice is

244

confined solely to body wrapping must register with the

245

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

246

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

247

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

248

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

249

and other communicable diseases, sanitation and sterilization,

250

disorders and diseases of the skin, and studies regarding laws

251

affecting body wrapping.

252

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

253

course and text required of an applicant for registration under

254

this section subsection in the occupation or practice of hair

255

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

256

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

257

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

258

not required to be practiced in a cosmetology salon or specialty

259

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

260

practiced outside a cosmetology salon or specialty salon,

261

disposable implements shall must be used or all implements shall

262

must be sanitized in a disinfectant approved for hospital use or

263

approved by the federal Environmental Protection Agency.

264

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

265

eligible to practice hair braiding, hair wrapping, or body

266

wrapping upon submission of a registration application that

267

includes proof of successful completion of the education

268

requirements and payment of the applicable fees required by this

269

chapter.

270

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

271

Statutes, is amended to read:

272

477.014 Qualifications for practice.--

273

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

274

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

275

chapter may not cosmetologist shall practice in any of the areas

276

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

277

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

278

nail technician.

279

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

280

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

281

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

282

she is not specifically licensed or registered under this

283

chapter.

284

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

285

perform all the services of a licensed cosmetologist as defined

286

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

287

artificial nails.

288

(4) A facial specialist registered or enrolled in a

289

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

290

for an esthetician license.

291

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

292

registered or enrolled in a cosmetology school before July 1,

293

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

294

(6) A specialist registered under this chapter before July

295

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

296

specialty registration without taking the respective licensure

297

examination. Renewal of all registrations, including a full

298

specialty registration that includes facial, manicure, pedicure,

299

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

300

shall be accomplished pursuant to rules adopted by the board.

301

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

302

477.016, Florida Statutes, to read:

303

477.016 Rulemaking.--

304

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

305

authorized by this chapter to perform natural or artificial nail

306

services and their clients, the board shall adopt rules to

307

require and enforce the following:

308

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

309

pedicure equipment disinfection requirements after each client's

310

pedicure to include use of hospital grade bactericidal,

311

fungicidal, and pseudomonacidal disinfectant for at least 10

312

minutes.

313

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

314

ensuring standards for drills and other mechanical equipment that

315

require them to be either disposable or disinfected between

316

clients to prevent the transmission of infections and diseases.

317

318

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

319

contagious conditions that services cannot be provided without a

320

signed statement by a physician indicating that there is no

321

public health problem to the clients themselves, to the

322

technicians, or to other clients.

323

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

324

authorized by this chapter to provide basic facials or advanced

325

skin treatment services involving chemicals and their clients,

326

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

327

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

328

standards adopted by the board.

329

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

330

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

331

contagious conditions that services cannot be provided without a

332

signed statement by a physician indicating that there is no

333

public health problem to the clients themselves, to the

334

estheticians, or to other clients.

335

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

336

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

337

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

338

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

339

section, to read:

340

477.019 Cosmetologists; qualifications; licensure;

341

supervised practice; license renewal; endorsement; continuing

342

education.--

343

(2) An applicant shall be eligible for licensure by

344

examination to practice cosmetology if the applicant:

345

346

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

347

does not qualify for licensure by endorsement as provided for in

348

subsection (7) (6); or

349

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

350

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

351

limited to, the equivalent of completion of services directly

352

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

353

a. A school of cosmetology licensed pursuant to chapter

354

1005.

355

b. A cosmetology program within the public school system.

356

c. The Cosmetology Division of the Florida School for the

357

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

358

this chapter.

359

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

360

361

The board shall establish by rule procedures whereby the school

362

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

363

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

364

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

365

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

366

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

367

take the examination again until the completion of the full

368

requirements provided by this section.

369

(3) An application for the licensure examination for any

370

license under this section may be submitted for examination

371

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

372

licensed cosmetology school or a program within the public school

373

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

374

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

375

approval, the applicant may schedule the examination on a date

376

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

377

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

378

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

379

examination, the applicant must reapply. The board shall

380

establish by rule the procedures for the pregraduate application

381

process.

382

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

383

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

384

477.019 Cosmetologists; hair stylists; estheticians; nail

385

technicians; qualifications; licensure; supervised practice;

386

license renewal; endorsement; continuing education.--

387

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

388

a cosmetologist shall apply to the department for licensure.

389

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

390

examination to provide practice cosmetology, hair stylist,

391

esthetician, or nail technician services if the applicant:

392

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

393

school diploma or graduate equivalency diploma or has passed an

394

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

395

test approved by the United States Secretary of Education as

396

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

397

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

398

refundable, and the required examination fee, which is refundable

399

if the applicant is determined to not be eligible for licensure

400

for any reason other than failure to successfully complete the

401

licensure examination.; and

402

403

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

404

does not qualify for licensure by endorsement as provided for in

405

subsection (7); or

406

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

407

follows:

408

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

409

(II) For an esthetician, 600 hours.

410

(III) For a nail technician, 350 hours.

411

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

412

413

The board shall adopt rules to prevent an applicant from having

414

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

415

licenses may obtain an additional license by completing training

416

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

417

Department of Education and the Commission for Independent

418

Education on the development of such rules.

419

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

420

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

421

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

422

services directly related to the practice of cosmetology at one

423

of the following:

424

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

425

1005.

426

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

427

system.

428

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

429

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

430

of this chapter.

431

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

432

state.

433

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

434

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

435

cosmetologist upon completion of 1,200 hours of education.

436

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

437

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

438

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

439

examination.

440

441

The board shall establish by rule procedures whereby the school

442

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

443

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

444

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

445

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

446

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

447

take the examination again until the completion of the full

448

requirements provided by this section.

449

(3) An application for the licensure examination for any

450

license under this section may be submitted for examination

451

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

452

licensed cosmetology school or a program within the public school

453

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

454

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

455

approval, the applicant may schedule the examination on a date

456

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

457

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

458

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

459

examination, the applicant must reapply. The board shall

460

establish by rule the procedures for the pregraduate application

461

process.

462

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

463

established by board rule, on the examination and paying the

464

initial licensing fee, the department shall issue a license to

465

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

466

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

467

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

468

examination for a cosmetologist, hair stylist, esthetician, or

469

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

470

the passing applicant may practice until receipt of his or her

471

license, provided that he or she practices under the supervision

472

of an individual who holds the same active license or a

473

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

474

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

475

the examination may not practice as a cosmetologist, hair

476

stylist, esthetician, or nail technician and may immediately

477

reapply for reexamination.

478

(5) Following the completion of the first licensing

479

examination and pending the results of that examination and

480

issuance of a license to practice cosmetology, graduates of

481

licensed cosmetology schools or cosmetology programs offered in

482

public school systems, which schools or programs are certified by

483

the Department of Education, are eligible to practice

484

cosmetology, provided such graduates practice under the

485

supervision of a licensed cosmetologist in a licensed cosmetology

486

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

487

practice under the supervision of a licensed cosmetologist in a

488

licensed cosmetology salon if the graduate applies for the next

489

available examination and until the graduate receives the results

490

of that examination. No graduate may continue to practice under

491

this subsection if the graduate fails the examination twice.

492

(6) Renewal of license registration shall be accomplished

493

pursuant to rules adopted by the board.

494

(7) The board shall adopt rules specifying procedures for

495

the licensure by endorsement of practitioners desiring to be

496

licensed in this state who hold a current active license in

497

another state or country and who have met qualifications

498

substantially similar to, equivalent to, or greater than the

499

qualifications required of applicants from this state. For

500

purposes of this subsection, work experience may be substituted

501

for required educational hours in the amount and manner provided

502

by board rule.

503

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

504

education requirements for licensees and registered specialists

505

which intended to ensure the protection of the public through

506

updated training of licensees and registered specialists, not to

507

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

508

license or registration as a specialist under this chapter.

509

Continuing education courses shall include, but not be limited

510

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

511

cosmetology: HIV/AIDS human immunodeficiency virus and acquired

512

immune deficiency syndrome; Occupational Safety and Health

513

Administration regulations; workers' compensation issues; state

514

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

515

practice of cosmetology, salons, specialists, specialty salons,

516

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

517

and nails; and environmental issues. Courses given at educational

518

cosmetology conferences may be counted toward the number of

519

continuing education hours required if approved by the board.

520

(b) Any person whose occupation or practice is confined

521

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

522

exempt from the continuing education requirements of this

523

subsection.

524

525

violation of a continuing education requirement to take a

526

refresher course or refresher course and examination in addition

527

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

528

course may not exceed 48 hours.

529

Section 8. Section 477.0212, Florida Statutes, is amended

530

to read:

531

477.0212 Inactive status.--

532

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

533

which that has become inactive may be reactivated under s.

534

477.019 upon application to the department.

535

(2) The board shall adopt promulgate rules relating to

536

licenses that which have become inactive and for the renewal of

537

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

538

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

539

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

540

board shall prescribe by rule the continuing education

541

requirements to be met prior to license renewal or reactivation.

542

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

543

read:

544

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

545

school of cosmetology may not shall be permitted to operate

546

without a license issued by the Commission for Independent

547

Education pursuant to chapter 1005. However, this chapter does

548

not nothing herein shall be construed to prevent certification by

549

the Department of Education of grooming and salon services and

550

cosmetology training programs within the public school system or

551

to prevent government operation of any other program of

552

cosmetology in this state.

553

Section 10. Section 477.025, Florida Statutes, is amended

554

to read:

555

477.025 Cosmetology salons; specialty Salons; requisites;

556

licensure; inspection; mobile cosmetology salons.--

557

(1) No cosmetology salon or specialty salon shall be

558

permitted to operate without a license issued by the department

559

except as provided in subsection (11).

560

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

561

operation of salons and specialty salons and their facilities,

562

personnel, and safety and sanitary requirements, and the license

563

application and granting process.

564

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

565

cosmetology salon or specialty salon in the state shall submit to

566

the department a salon an application form upon forms provided by

567

the department, and accompanied by any relevant information

568

requested by the department, and by an application fee.

569

(4) Upon receiving the application, the department may

570

cause an investigation to be made of the proposed cosmetology

571

salon or specialty salon.

572

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

573

provided in this section herein, the department shall deny the

574

application in writing and shall list the specific requirements

575

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

576

the requirements of this section herein shall be precluded from

577

reapplying for licensure.

578

(6) When the department determines that the proposed

579

cosmetology salon or specialty salon may reasonably be expected

580

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

581

department shall grant the license upon such conditions as it

582

shall deem proper under the circumstances and upon payment of the

583

original licensing fee.

584

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

585

specialty salon may be transferred from the name of the original

586

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

587

another only upon approval by the department, which approval

588

shall not be unreasonably withheld.

589

(8) Renewal of license registration for cosmetology salons

590

or specialty salons shall be accomplished pursuant to rules

591

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

592

rules governing delinquent renewal of licenses and may impose

593

penalty fees for delinquent renewal.

594

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

595

periodic inspection of cosmetology salons and specialty salons

596

licensed under this chapter.

597

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

598

licensure, operation, and inspection of mobile cosmetology

599

salons, including their facilities, personnel, and safety and

600

sanitary requirements.

601

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

602

operating requirements specified in this chapter or chapter 455

603

or rules of the board or department that apply to cosmetology

604

salons at fixed locations, except to the extent that such

605

requirements conflict with this subsection or rules adopted

606

pursuant to this subsection.

607

608

business address, located in the inspection area of the local

609

department office, at which records of appointments, itineraries,

610

license numbers of employees, and vehicle identification numbers

611

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

612

available for verification purposes by department personnel, and

613

at which correspondence from the department can be received.

614

(d) To facilitate periodic inspections of mobile

615

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

616

mobile salon licenseholder must file with the board a written

617

monthly itinerary listing the locations where and the dates and

618

hours when the mobile salon will be operating.

619

(e) The board shall establish fees for mobile cosmetology

620

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

621

locations.

622

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

623

compliance with all local laws and ordinances regulating business

624

establishments, with all applicable requirements of the Americans

625

with Disabilities Act relating to accommodations for persons with

626

disabilities, and with all applicable OSHA requirements.

627

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

628

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

629

cosmetologist licensed pursuant to s. 477.019 may provide salon

630

services exclusively for facility residents.

631

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

632

Florida Statutes, is amended to read:

633

477.026 Fees; disposition.--

634

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

635

schedule:

636

(a) For hair stylists or cosmetologists, fees for original

637

licensing, license renewal, and delinquent renewal may shall not

638

exceed $25.

639

(b) For estheticians or nail technicians, fees for original

640

license, license renewal, and delinquent renewal may not exceed

641

$50.

642

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

643

or cosmetologists, fees for endorsement application, examination,

644

and reexamination may shall not exceed $50.

645

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

646

license application, original licensing, license renewal, and

647

delinquent renewal may shall not exceed $50.

648

(d) For specialists, fees for application and endorsement

649

registration shall not exceed $30.

650

(e) For specialists, fees for initial registration,

651

registration renewal, and delinquent renewal may shall not exceed

652

$50.

653

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

654

fees for registration may shall not exceed $25.

655

(2) All moneys collected by the department from fees

656

authorized by this chapter shall be paid into the Professional

657

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

658

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

659

The Legislature may appropriate any excess moneys from this fund

660

to the General Revenue Fund.

661

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

662

prepare and submit a proposed budget in accordance with law.

663

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

664

Florida Statutes, is amended to read:

665

477.0263 Cosmetology, hair stylist, esthetician, nail

666

technician, or specialty services to be performed in licensed

667

salon; exceptions exception.--

668

(1) Cosmetology, hair stylist, esthetician, nail

669

technician, or specialty services shall be performed only by

670

licensed cosmetologists, hair stylists, estheticians, or nail

671

technicians or registered specialists in licensed salons, except

672

as otherwise provided in this section.

673

(2) Pursuant to rules established by the board,

674

cosmetology, hair stylist, esthetician, nail technician, or

675

specialty services may be performed by a licensed cosmetologist,

676

hair stylist, esthetician, or nail technician or a registered

677

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

678

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

679

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

680

salon. Arrangements for the performance of such cosmetology, hair

681

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

682

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

683

licensed salon.

684

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

685

state or who is authorized to practice cosmetology in any

686

country, territory, or jurisdiction of the United States may

687

perform cosmetology services in a location other than a licensed

688

salon when such services are performed in connection with the

689

motion picture, fashion photography, theatrical, or television

690

industry; a photography studio salon; a manufacturer trade show

691

demonstration; a department store demonstration; or an

692

educational seminar.

693

(4) Pursuant to rules established by the board,

694

cosmetology, hair stylist, esthetician, nail technician, or

695

specialty services may be performed in a location other than a

696

licensed salon when such services are performed in connection

697

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

698

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

699

specialty registration. An appointment for the performance of

700

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

701

made through a licensed salon.

702

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

703

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

704

section is republished, to read:

705

477.0265 Prohibited acts.--

706

(1) It is unlawful for any person to:

707

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

708

containing a razor blade to remove, scrape, or cut calluses from

709

the hands or feet.

710

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

711

commits a misdemeanor of the second degree, punishable as

712

provided in s. 775.082 or s. 775.083.

713

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

714

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

715

477.0265 Prohibited acts.--

716

(1) It is unlawful for any person to:

717

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

718

esthetician, or nail technician services or a specialty without

719

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

720

or nail technician or registration as a specialist issued by the

721

department pursuant to the provisions of this chapter.

722

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

723

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

724

cosmetology salon or specialty salon:

725

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

726

chapter; or

727

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

728

stylist, esthetician, or nail technician or registered as a

729

cosmetologist or a specialist is permitted to perform

730

cosmetology, hair stylist, esthetician, or nail technician

731

services or any specialty.

732

733

chapter or of any rule adopted by the board.

734

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

735

cosmetology, hair stylist, esthetician, or nail technician

736

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

737

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

738

nail technician or holds a registration as a specialist.

739

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

740

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

741

value or by fraudulent misrepresentations.

742

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

743

cosmetology, hair styling, esthetician, or nail technician

744

services or a registration to practice a specialty, which license

745

or registration is suspended or revoked.

746

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

747

wrapping, as performed under this chapter, has have any

748

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

749

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

750

477.013.

751

(h) In the provision practice of cosmetology, nail

752

technician, or specialty services, use or possess a cosmetic

753

product containing a liquid nail monomer containing any trace of

754

methyl methacrylate (MMA).

755

(i) In the provision practice of cosmetology, nail

756

technician, or manicure or pedicure specialty services, use or

757

possess a device containing a razor blade to remove, scrape, and

758

cut calluses from the hands or feet.

759

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

760

commits a misdemeanor of the second degree, punishable as

761

provided in s. 775.082 or s. 775.083.

762

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

763

Florida Statutes, is amended to read:

764

477.028 Disciplinary proceedings.--

765

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

766

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

767

nail technician licensed under this chapter, or the registration

768

of a specialist registered under this chapter, and may to

769

reprimand, censure, deny subsequent licensure or registration of,

770

or otherwise discipline a cosmetologist, hair stylist,

771

esthetician, nail technician, or a specialist licensed or

772

registered under this chapter in any of the following cases:

773

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

774

obtained by fraud or misrepresentation.

775

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

776

is guilty of fraud or deceit or of gross negligence,

777

incompetency, or misconduct in the practice or instruction of

778

cosmetology or a specialty.

779

780

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

781

unlicensed person to practice as a cosmetologist, hair stylist,

782

esthetician, or nail technician.

783

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

784

the license of a cosmetology salon or a specialty salon licensed

785

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

786

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

787

such salon in either of the following cases:

788

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

789

misrepresentation.

790

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

791

fraud or deceit or of gross negligence, incompetency, or

792

misconduct in the operation of the salon so licensed.

793

(3) Disciplinary proceedings shall be conducted pursuant to

794

the provisions of chapter 120.

795

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

796

or certificate of registration under this chapter to any person

797

against whom or salon against which the board has assessed a

798

fine, interest, or costs associated with investigation and

799

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

800

interest, or costs associated with investigation and prosecution

801

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

802

and conditions of the final order.

803

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

804

Florida Statutes, is amended to read:

805

477.029 Penalty.--

806

(1) It is unlawful for any person to:

807

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

808

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

809

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

810

or otherwise authorized, as provided in this chapter.

811

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

812

licensed as provided in this chapter.

813

814

cosmetology, hairstyling, esthetician, nail technician, or a

815

specialty services unless duly licensed or registered, or

816

otherwise authorized, as provided in this chapter.

817

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

818

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

819

obtaining any license provided for in this chapter.

820

(f) Impersonate any other licenseholder of like or

821

different name.

822

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

823

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

824

s. 477.028.

825

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

826

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

827

the department.

828

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

829

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

830

determined by the board:

831

(a) Revocation or suspension of any license or registration

832

issued pursuant to this chapter.

833

(b) Issuance of a reprimand or censure.

834

835

for each count or separate offense.

836

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

837

to such reasonable conditions as the board may specify.

838

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

839

licensure.

840

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

841

Florida Statutes, is repealed.

842

Section 18. The Department of Business and Professional

843

Regulation in conjunction with the Board of Cosmetology shall

844

evaluate the feasibility, processes, and associated costs of

845

using a national examination for cosmetology, hair stylist,

846

esthetician, and nail technician services licenses that would

847

improve reciprocity with other states. The findings of the

848

evaluation shall be made available to the Legislature and to the

849

public no later than January 1, 2009.

850

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

851

$22,712 in recurring funds and $51,000 in nonrecurring funds are

852

appropriated from the Administrative Trust Fund of the Department

853

of Business and Professional Regulation and the sums of $18,755

854

in recurring funds and $24,696 in nonrecurring funds are

855

appropriated from the Professional Regulation Trust Fund of the

856

Department of Business and Professional Regulation to carry out

857

the licensing and regulatory functions of this act.

858

Section 20. Except as otherwise expressly provided in this

859

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

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