HB 175

A bill to be entitled
2An act relating to barbering; amending s. 476.034, F.S.;
3defining the terms "barbering intern" and "internship
4sponsor"; creating s. 476.145, F.S.; providing for the
5selection and placement of barbering interns; requiring a
6school of barbering or a barbering program to provide
7written notice to the Barbers' Board regarding the
8internship sponsor and the barbering intern; providing
9requirements and duties of the internship sponsor;
10requiring a barbershop to post notice regarding services
11of a student intern; requiring a barbering intern to
12possess written authorization to practice barbering;
13requiring the board to establish education prerequisites
14for barbering internships; authorizing the board to
15terminate an internship of a barbering intern or the
16sponsorship of an internship sponsor; requiring the board
17to give notice of termination; amending s. 476.188, F.S.;
18authorizing barber services to be provided by barbering
19interns; amending s. 476.192, F.S.; providing a limit on
20the registration fee for internship sponsors; amending s.
21476.194, F.S., relating to prohibited acts, to conform;
22providing an effective date.
24Be It Enacted by the Legislature of the State of Florida:
26     Section 1.  Section 476.034, Florida Statutes, is amended
27to read:
28     476.034  Definitions.-As used in this act:
29     (1)  "Barber" means a person who is licensed to engage in
30the practice of barbering in this state under the authority of
31this chapter.
32     (2)  "Barbering" means any of the following practices when
33done for remuneration and for the public, but not when done for
34the treatment of disease or physical or mental ailments:
35shaving, cutting, trimming, coloring, shampooing, arranging,
36dressing, curling, or waving the hair or beard or applying oils,
37creams, lotions, or other preparations to the face, scalp, or
38neck, either by hand or by mechanical appliances.
39     (3)  "Barbering intern" means a student enrolled in a
401,200-hour barbering program who participates in an optional
41work-experience internship under the direct supervision of a
42licensed barber in a licensed barbershop.
43     (4)(3)  "Barbershop" means any place of business wherein
44the practice of barbering is carried on.
45     (5)(4)  "Board" means the Barbers' Board.
46     (6)(5)  "Department" means the Department of Business and
47Professional Regulation.
48     (7)  "Internship sponsor" means a licensed barber
49registered with the board for the purpose of supervising a
50barbering intern and ensuring compliance by the intern with the
51laws and rules of this state and the internship requirements
52established by the board and administered through a school of
53barbering or a barbering program.
54     Section 2.  Section 476.145, Florida Statutes, is created
55to read:
56     476.145  Barbering internships.-
57     (1)  The selection and placement of barbering interns shall
58be determined by the school of barbering or the barbering
59program. The school or program shall determine whether a student
60is eligible to become a barbering intern and whether an
61internship sponsor meets the requirements for its educational
62objectives. The school or program, on behalf of the student,
63shall provide written notice to the board that an internship
64sponsor has been selected and name the barbering intern to be
65supervised. The school or program shall determine the length and
66schedule of an individual barbering internship, but such
67internship may not exceed 12 months. Internships may not
68substitute or take the place of educational or licensure
70     (2)  Each internship sponsor shall obtain approval from a
71school of barbering or barbering program and shall register with
72the board before accepting placement of each barbering intern.
73The application for registration must include the name and
74contact person of the school or program placing the intern, the
75name and address of the internship sponsor, and other
76information that the board requires.
77     (3)  The internship sponsor must have an active license and
78shall actively supervise the barbering intern in the practice of
79barbering pursuant to rules established by the board. A
80barbering intern may practice only within the field of barbering
81in which he or she is engaged in the course of study. The
82internship sponsor shall ensure that the barbering intern is
83complying with the laws and rules governing barbering and is
84complying with the educational objectives and guidelines
85established by the school of barbering or the barbering program
86and the board.
87     (4)  All services provided by the barbering intern shall be
88expressly approved by the internship sponsor and contracted for
89by the internship sponsor. The internship sponsor shall ensure
90that the public is clearly informed that the barbering intern is
91not a licensed barber.
92     (5)  Pursuant to rules established by the board, the
93barbershop in which a barbering intern is engaged in the
94practice of barbering shall post notice in a conspicuous manner
95within the barbershop indicating that a student intern is
96providing services on the premises.
97     (6)  A barbering intern shall possess written documentation
98of his or her authorization to engage in the practice of
99barbering from the student's school of barbering or barbering
100program and shall furnish such documentation to the department
101before engaging in the practice of barbering and upon request by
102department personnel.
103     (7)  The board shall establish by rule the education
104prerequisites for barbering internships, including the minimum
105number of hours of classroom instruction and required course
106work. The board shall establish by rule the number of permitted
107barbering internships per internship sponsor, the minimum and
108maximum number of internship hours, and the recommended
109educational objectives and guidelines for an internship program
110in a school of barbering or barbering program.
111     (8)  The board may terminate the internship of any
112barbering intern and the sponsorship of any internship sponsor
113for a violation of the laws and rules governing barbering and
114board rules governing internships. The board shall provide
115notice of termination of an internship to the internship
116sponsor, the school of barbering or barbering program, and the
117barbering intern. In the case of a terminated barbering
118internship, the school or program shall determine the
119educational status of the barbering intern.
120     Section 3.  Subsection (1) of section 476.188, Florida
121Statutes, is amended to read:
122     476.188  Barber services to be performed in registered
123barbershop; exception.-
124     (1)  Barber services shall be performed only by a licensed
125barber or a barbering intern supervised by a licensed barber
126barbers in a registered barbershop barbershops, except as
127otherwise provided in this section.
128     Section 4.  Subsection (1) of section 476.192, Florida
129Statutes, is amended to read:
130     476.192  Fees; disposition.-
131     (1)  The board shall set by rule fees according to the
132following schedule:
133     (a)  For barbers, fees for original licensing, license
134renewal, and delinquent renewal may shall not exceed $100.
135     (b)  For barbers, fees for endorsement application,
136examination, and reexamination may shall not exceed $150.
137     (c)  For barbershops, fees for license application,
138original licensing, license renewal, and delinquent renewal may
139shall not exceed $150.
140     (d)  For duplicate licenses and certificates, fees may
141shall not exceed $25.
142     (e)  For internship sponsors, fees for registration may not
143exceed $30.
144     Section 5.  Section 476.194, Florida Statutes, is amended
145to 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
149intern without authorization or without an active license as a
150barber without an active license issued pursuant to the
151provisions of this act by the department.
152     (b)  Engage in willful or repeated violations of this act
153or of any of the rules adopted by the board.
154     (c)  Hire or employ any person to engage in the practice of
155barbering unless such person holds a valid license as a barber
156or is authorized as a barbering intern under this chapter and
157supervised by a licensed barber.
158     (d)  Obtain or attempt to obtain a license for money other
159than the required fee or any other thing of value or by
160fraudulent misrepresentations.
161     (e)  Own, operate, maintain, open, establish, conduct, or
162have charge of, either alone or with another person or persons,
163a barbershop:
164     1.  Which is not licensed under the provisions of this
165chapter; or
166     2.  In which a person who is not licensed as a barber or
167authorized as a barbering intern as a barber is permitted to
168perform services.
169     (f)  Use or attempt to use a license to practice barbering
170when the said license is suspended or revoked.
171     (2)  Any person who violates any provision of this section
172commits is guilty of a misdemeanor of the second degree,
173punishable as provided in s. 775.082 or s. 775.083.
174     Section 6.  This act shall take effect July 1, 2011.

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