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 an 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., relating to prohibited acts, to conform; |
22 | providing an effective date. |
23 |
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24 | Be It Enacted by the Legislature of the State of Florida: |
25 |
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26 | Section 1. Section 476.034, Florida Statutes, is amended |
27 | to read: |
28 | 476.034 Definitions.-As used in this act: |
29 | (1) "Barber" means a person who is licensed to engage in |
30 | the practice of barbering in this state under the authority of |
31 | this chapter. |
32 | (2) "Barbering" means any of the following practices when |
33 | done for remuneration and for the public, but not when done for |
34 | the treatment of disease or physical or mental ailments: |
35 | shaving, cutting, trimming, coloring, shampooing, arranging, |
36 | dressing, curling, or waving the hair or beard or applying oils, |
37 | creams, lotions, or other preparations to the face, scalp, or |
38 | neck, either by hand or by mechanical appliances. |
39 | (3) "Barbering intern" means a student enrolled in a |
40 | 1,200-hour barbering program who participates in an optional |
41 | work-experience internship under the direct supervision of a |
42 | licensed barber in a licensed barbershop. |
43 | (4)(3) "Barbershop" means any place of business wherein |
44 | the practice of barbering is carried on. |
45 | (5)(4) "Board" means the Barbers' Board. |
46 | (6)(5) "Department" means the Department of Business and |
47 | Professional Regulation. |
48 | (7) "Internship sponsor" means a licensed barber |
49 | registered with the board for the purpose of supervising a |
50 | barbering intern and ensuring compliance by the intern with the |
51 | laws and rules of this state and the internship requirements |
52 | established by the board and administered through a school of |
53 | barbering or a barbering program. |
54 | Section 2. Section 476.145, Florida Statutes, is created |
55 | to read: |
56 | 476.145 Barbering internships.- |
57 | (1) The selection and placement of barbering interns shall |
58 | be determined by the school of barbering or the barbering |
59 | program. The school or program shall determine whether a student |
60 | is eligible to become a barbering intern and whether an |
61 | internship sponsor meets the requirements for its educational |
62 | objectives. The school or program, on behalf of the student, |
63 | shall provide written notice to the board that an internship |
64 | sponsor has been selected and name the barbering intern to be |
65 | supervised. The school or program shall determine the length and |
66 | schedule of an individual barbering internship, but such |
67 | internship may not exceed 12 months. Internships may not |
68 | substitute or take the place of educational or licensure |
69 | requirements. |
70 | (2) Each internship sponsor shall obtain approval from a |
71 | school of barbering or barbering program and shall register with |
72 | the board before accepting placement of each barbering intern. |
73 | The application for registration must include the name and |
74 | contact person of the school or program placing the intern, the |
75 | name and address of the internship sponsor, and other |
76 | information that the board requires. |
77 | (3) The internship sponsor must have an active license and |
78 | shall actively supervise the barbering intern in the practice of |
79 | barbering pursuant to rules established by the board. A |
80 | barbering intern may practice only within the field of barbering |
81 | in which he or she is engaged in the course of study. The |
82 | internship sponsor shall ensure that the barbering intern is |
83 | complying with the laws and rules governing barbering and is |
84 | complying with the educational objectives and guidelines |
85 | established by the school of barbering or the barbering program |
86 | and the board. |
87 | (4) All services provided by the barbering intern shall be |
88 | expressly approved by the internship sponsor and contracted for |
89 | by the internship sponsor. The internship sponsor shall ensure |
90 | that the public is clearly informed that the barbering intern is |
91 | not a licensed barber. |
92 | (5) Pursuant to rules established by the board, the |
93 | barbershop in which a barbering intern is engaged in the |
94 | practice of barbering shall post notice in a conspicuous manner |
95 | within the barbershop indicating that a student intern is |
96 | providing services on the premises. |
97 | (6) A barbering intern shall possess written documentation |
98 | of his or her authorization to engage in the practice of |
99 | barbering from the student's school of barbering or barbering |
100 | program and shall furnish such documentation to the department |
101 | before engaging in the practice of barbering and upon request by |
102 | department personnel. |
103 | (7) The board shall establish by rule the education |
104 | prerequisites for barbering internships, including the minimum |
105 | number of hours of classroom instruction and required course |
106 | work. The board shall establish by rule the number of permitted |
107 | barbering internships per internship sponsor, the minimum and |
108 | maximum number of internship hours, and the recommended |
109 | educational objectives and guidelines for an internship program |
110 | in a school of barbering or barbering program. |
111 | (8) The board may terminate the internship of any |
112 | barbering intern and the sponsorship of any internship sponsor |
113 | for a violation of the laws and rules governing barbering and |
114 | board rules governing internships. The board shall provide |
115 | notice of termination of an internship to the internship |
116 | sponsor, the school of barbering or barbering program, and the |
117 | barbering intern. In the case of a terminated barbering |
118 | internship, the school or program shall determine the |
119 | educational status of the barbering intern. |
120 | Section 3. Subsection (1) of section 476.188, Florida |
121 | Statutes, is amended to read: |
122 | 476.188 Barber services to be performed in registered |
123 | barbershop; exception.- |
124 | (1) Barber services shall be performed only by a licensed |
125 | barber or a barbering intern supervised by a licensed barber |
126 | barbers in a registered barbershop barbershops, except as |
127 | otherwise provided in this section. |
128 | Section 4. Subsection (1) of section 476.192, Florida |
129 | Statutes, is amended to read: |
130 | 476.192 Fees; disposition.- |
131 | (1) The board shall set by rule fees according to the |
132 | following schedule: |
133 | (a) For barbers, fees for original licensing, license |
134 | renewal, and delinquent renewal may shall not exceed $100. |
135 | (b) For barbers, fees for endorsement application, |
136 | examination, and reexamination may shall not exceed $150. |
137 | (c) For barbershops, fees for license application, |
138 | original licensing, license renewal, and delinquent renewal may |
139 | shall not exceed $150. |
140 | (d) For duplicate licenses and certificates, fees may |
141 | shall not exceed $25. |
142 | (e) For internship sponsors, fees for registration may not |
143 | exceed $30. |
144 | Section 5. Section 476.194, Florida Statutes, is amended |
145 | to read: |
146 | 476.194 Prohibited acts.- |
147 | (1) It is unlawful for any person to: |
148 | (a) Engage in the practice of barbering as a barbering |
149 | intern without authorization or without an active license as a |
150 | barber without an active license issued pursuant to the |
151 | provisions of this act by the department. |
152 | (b) Engage in willful or repeated violations of this act |
153 | or of any of the rules adopted by the board. |
154 | (c) Hire or employ any person to engage in the practice of |
155 | barbering unless such person holds a valid license as a barber |
156 | or is authorized as a barbering intern under this chapter and |
157 | supervised by a licensed barber. |
158 | (d) Obtain or attempt to obtain a license for money other |
159 | than the required fee or any other thing of value or by |
160 | fraudulent misrepresentations. |
161 | (e) Own, operate, maintain, open, establish, conduct, or |
162 | have charge of, either alone or with another person or persons, |
163 | a barbershop: |
164 | 1. Which is not licensed under the provisions of this |
165 | chapter; or |
166 | 2. In which a person who is not licensed as a barber or |
167 | authorized as a barbering intern as a barber is permitted to |
168 | perform services. |
169 | (f) Use or attempt to use a license to practice barbering |
170 | when the said license is suspended or revoked. |
171 | (2) Any person who violates any provision of this section |
172 | commits is guilty of a misdemeanor of the second degree, |
173 | punishable as provided in s. 775.082 or s. 775.083. |
174 | Section 6. This act shall take effect July 1, 2011. |