| 1 | A bill to be entitled |
| 2 | An act relating to barbering; amending s. 476.034, F.S.; |
| 3 | defining the terms "barbering intern" and "internship |
| 4 | sponsor"; creating s. 476.145, F.S.; providing for the |
| 5 | selection and placement of barbering interns; requiring a |
| 6 | school of barbering or a barbering program to provide |
| 7 | written notice to the Barbers' Board regarding the |
| 8 | internship sponsor and the barbering intern; providing |
| 9 | requirements and duties of the internship sponsor; |
| 10 | requiring a barbershop to post notice regarding services |
| 11 | of a student intern; requiring a barbering intern to |
| 12 | possess written authorization to practice barbering; |
| 13 | requiring the board to establish education prerequisites |
| 14 | for barbering internships; authorizing the board to |
| 15 | terminate an internship of a barbering intern or the |
| 16 | sponsorship of a internship sponsor; requiring the board |
| 17 | to give notice of termination; amending s. 476.188, F.S.; |
| 18 | authorizing barber services to be provided by barbering |
| 19 | interns; amending s. 476.192, F.S.; providing a limit on |
| 20 | the registration fee for internship sponsors; amending s. |
| 21 | 476.194, F.S.; providing penalties related to the practice |
| 22 | of barbering by, or hiring of, an unauthorized barbering |
| 23 | intern; providing an effective date. |
| 24 |
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| 25 | Be It Enacted by the Legislature of the State of Florida: |
| 26 |
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| 27 | Section 1. Section 476.034, Florida Statutes, is amended |
| 28 | to read: |
| 29 | 476.034 Definitions.-As used in this act: |
| 30 | (1) "Barber" means a person who is licensed to engage in |
| 31 | the practice of barbering in this state under the authority of |
| 32 | this chapter. |
| 33 | (2) "Barbering" means any of the following practices when |
| 34 | done for remuneration and for the public, but not when done for |
| 35 | the treatment of disease or physical or mental ailments: |
| 36 | shaving, cutting, trimming, coloring, shampooing, arranging, |
| 37 | dressing, curling, or waving the hair or beard or applying oils, |
| 38 | creams, lotions, or other preparations to the face, scalp, or |
| 39 | neck, either by hand or by mechanical appliances. |
| 40 | (3) "Barbering intern" means a student enrolled in |
| 41 | training, as described in s. 476.114(2)(c)2., at a school of |
| 42 | barbering or barbering program who participates in an optional |
| 43 | work experience internship under the direct supervision of a |
| 44 | licensed barber in a licensed barbershop. |
| 45 | (4)(3) "Barbershop" means any place of business wherein |
| 46 | the practice of barbering is carried on. |
| 47 | (5)(4) "Board" means the Barbers' Board. |
| 48 | (6)(5) "Department" means the Department of Business and |
| 49 | Professional Regulation. |
| 50 | (7) "Internship sponsor" means a licensed barber |
| 51 | registered with the board for the purpose of supervising a |
| 52 | barbering intern and ensuring compliance by the intern with the |
| 53 | laws and rules of this state and the internship requirements |
| 54 | established by the board and administered through a school of |
| 55 | barbering or a barbering program. |
| 56 | Section 2. Section 476.145, Florida Statutes, is created |
| 57 | to read: |
| 58 | 476.145 Barbering internships.- |
| 59 | (1) The selection and placement of barbering interns shall |
| 60 | be determined by the school of barbering or the barbering |
| 61 | program. The school or program shall determine whether a student |
| 62 | is eligible to become a barbering intern and whether an |
| 63 | internship sponsor meets the requirements for its educational |
| 64 | objectives. The school or program, on behalf of the student, |
| 65 | shall provide written notice to the board that an internship |
| 66 | sponsor has been selected and name the barbering intern to be |
| 67 | supervised. The school or program shall determine the length and |
| 68 | schedule of an individual barbering internship, but such |
| 69 | internship may not exceed 12 months. Internships may not |
| 70 | substitute or take the place of educational or licensure |
| 71 | requirements. |
| 72 | (2) Each internship sponsor shall obtain approval from a |
| 73 | school of barbering or barbering program and shall register with |
| 74 | the board before accepting placement of each barbering intern. |
| 75 | The application for registration must include the name and |
| 76 | contact person of the school or program placing the intern, the |
| 77 | name and address of the internship sponsor, and other |
| 78 | information that the board requires. |
| 79 | (3) The internship sponsor must have an active license and |
| 80 | shall actively supervise the barbering intern in the practice of |
| 81 | barbering pursuant to rules established by the board. A |
| 82 | barbering intern may practice only within the field of barbering |
| 83 | in which she or he is engaged in the course of study. The |
| 84 | internship sponsor shall ensure that the barbering intern |
| 85 | complies with the laws and rules governing barbering and the |
| 86 | educational objectives and guidelines established by the school |
| 87 | of barbering or the barbering program and the board. |
| 88 | (4) All services provided by the barbering intern must be |
| 89 | expressly approved by the internship sponsor and contracted for |
| 90 | by the internship sponsor. The internship sponsor shall ensure |
| 91 | that the public is clearly informed that the barbering intern is |
| 92 | not a licensed barber. |
| 93 | (5) Pursuant to rules established by the board, the |
| 94 | barbershop in which a barbering intern is engaged in the |
| 95 | practice of barbering shall post notice in a conspicuous manner |
| 96 | within the barbershop indicating that a student intern is |
| 97 | providing services on the premises. |
| 98 | (6) A barbering intern shall possess written documentation |
| 99 | of her or his authorization to engage in the practice of |
| 100 | barbering from the student's school of barbering or barbering |
| 101 | program and shall furnish such documentation to the department |
| 102 | before engaging in the practice of barbering and upon request by |
| 103 | department personnel. |
| 104 | (7) The board shall establish by rule the education |
| 105 | prerequisites for barbering internships, including the minimum |
| 106 | number of hours of classroom instruction and required course |
| 107 | work. The board shall establish by rule the number of permitted |
| 108 | barbering internships per internship sponsor, the minimum and |
| 109 | maximum number of internship hours, and the recommended |
| 110 | educational objectives and guidelines for an internship program |
| 111 | in a school of barbering or barbering program. |
| 112 | (8) The board may terminate the internship of any |
| 113 | barbering intern and the sponsorship of any internship sponsor |
| 114 | for a violation of the laws and rules governing barbering and |
| 115 | board rules governing internships. The board shall provide |
| 116 | notice of termination of an internship to the internship |
| 117 | sponsor, the school of barbering or barbering program, and the |
| 118 | barbering intern. In the case of a terminated barbering |
| 119 | internship, the school or program shall determine the |
| 120 | educational status of the barbering intern. |
| 121 | Section 3. Subsection (1) of section 476.188, Florida |
| 122 | Statutes, is amended to read: |
| 123 | 476.188 Barber services to be performed in registered |
| 124 | barbershop; exception.- |
| 125 | (1) Barber services shall be performed only by a licensed |
| 126 | barber or a barbering intern supervised by a licensed barber |
| 127 | barbers in a registered barbershop barbershops, except as |
| 128 | otherwise provided in this section. |
| 129 | Section 4. Section 476.192, Florida Statutes, is amended |
| 130 | to read: |
| 131 | 476.192 Fees; disposition.- |
| 132 | (1) The board shall set by rule fees according to the |
| 133 | following schedule: |
| 134 | (a) For barbers, fees for original licensing, license |
| 135 | renewal, and delinquent renewal may shall not exceed $100. |
| 136 | (b) For barbers, fees for endorsement application, |
| 137 | examination, and reexamination may shall not exceed $150. |
| 138 | (c) For barbershops, fees for license application, |
| 139 | original licensing, license renewal, and delinquent renewal may |
| 140 | shall not exceed $150. |
| 141 | (d) For duplicate licenses and certificates, fees may |
| 142 | shall not exceed $25. |
| 143 | (e) For internship sponsors, fees for registration may not |
| 144 | exceed $30. |
| 145 | (2) All moneys collected by the department from fees |
| 146 | authorized by this chapter shall be paid into the Professional |
| 147 | Regulation Trust Fund in the department and shall be applied in |
| 148 | accordance with ss. 215.37 and 455.219. |
| 149 | (3) The Legislature may appropriate any excess moneys from |
| 150 | this fund to the General Revenue Fund. |
| 151 | Section 5. Section 476.194, Florida Statutes, is amended |
| 152 | to read: |
| 153 | 476.194 Prohibited acts.- |
| 154 | (1) It is unlawful for any person to: |
| 155 | (a) Engage in the practice of barbering as a barbering |
| 156 | intern without authorization or without an active license as a |
| 157 | barber without an active license issued pursuant to the |
| 158 | provisions of this act by the department. |
| 159 | (b) Engage in willful or repeated violations of this act |
| 160 | or of any of the rules adopted by the board. |
| 161 | (c) Hire or employ any person to engage in the practice of |
| 162 | barbering unless such person holds a valid license as a barber |
| 163 | or is authorized as a barbering intern under this chapter and |
| 164 | supervised by a licensed barber. |
| 165 | (d) Obtain or attempt to obtain a license for money other |
| 166 | than the required fee or any other thing of value or by |
| 167 | fraudulent misrepresentations. |
| 168 | (e) Own, operate, maintain, open, establish, conduct, or |
| 169 | have charge of, either alone or with another person or persons, |
| 170 | a barbershop: |
| 171 | 1. Which is not licensed under the provisions of this |
| 172 | chapter; or |
| 173 | 2. In which a person who is not licensed as a barber or |
| 174 | authorized as a barbering intern as a barber is permitted to |
| 175 | perform services. |
| 176 | (f) Use or attempt to use a license to practice barbering |
| 177 | when the said license is suspended or revoked. |
| 178 | (2) Any person who violates any provision of this section |
| 179 | commits is guilty of a misdemeanor of the second degree, |
| 180 | punishable as provided in s. 775.082 or s. 775.083. |
| 181 | Section 6. This act shall take effect July 1, 2010. |