Florida Senate - 2011                                     SB 544
       By Senator Joyner
       18-00461-11                                            2011544__
    1                        A bill to be entitled                      
    2         An act relating to barbering; amending s. 476.034,
    3         F.S.; defining the terms “barbering intern” and
    4         “internship sponsor”; creating s. 476.145, F.S.;
    5         providing for the selection and placement of barbering
    6         interns; requiring a school of barbering or a
    7         barbering program to provide written notice to the
    8         Barbers’ Board regarding the internship sponsor and
    9         the barbering intern; providing requirements and
   10         duties of the internship sponsor; requiring a
   11         barbershop to post notice regarding services of a
   12         student intern; requiring a barbering intern to
   13         possess written authorization to practice barbering;
   14         requiring the board to establish education
   15         prerequisites for barbering internships; authorizing
   16         the board to terminate an internship of a barbering
   17         intern or the sponsorship of an internship sponsor;
   18         requiring the board to give notice of termination;
   19         amending s. 476.188, F.S.; authorizing barber services
   20         to be provided by barbering interns; amending s.
   21         476.192, F.S.; providing a limit on the registration
   22         fee for internship sponsors; amending s. 476.194,
   23         F.S., relating to prohibited acts, to conform;
   24         providing an effective date.
   26  Be It Enacted by the Legislature of the State of Florida:
   28         Section 1. Section 476.034, Florida Statutes, is amended to
   29  read:
   30         476.034 Definitions.—As used in this act:
   31         (1) “Barber” means a person who is licensed to engage in
   32  the practice of barbering in this state under the authority of
   33  this chapter.
   34         (2) “Barbering” means any of the following practices when
   35  done for remuneration and for the public, but not when done for
   36  the treatment of disease or physical or mental ailments:
   37  shaving, cutting, trimming, coloring, shampooing, arranging,
   38  dressing, curling, or waving the hair or beard or applying oils,
   39  creams, lotions, or other preparations to the face, scalp, or
   40  neck, either by hand or by mechanical appliances.
   41         (3)“Barbering intern” means a student enrolled in a 1,200
   42  hour barbering program who participates in an optional work
   43  experience internship under the direct supervision of a licensed
   44  barber in a licensed barbershop.
   45         (4)(3) “Barbershop” means any place of business wherein the
   46  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 registered
   51  with the board for the purpose of supervising a barbering intern
   52  and ensuring compliance by the intern with the laws and rules of
   53  this state and the internship requirements established by the
   54  board and administered through a school of barbering or a
   55  barbering program.
   56         Section 2. Section 476.145, Florida Statutes, is created to
   57  read:
   58         476.145Barbering 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 a barbering intern. The
   75  application for registration must include the name and contact
   76  person of the school or program placing the intern, the name and
   77  address of the internship sponsor, and other information that
   78  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 he or she is engaged in the course of study. The
   84  internship sponsor shall ensure that the barbering intern is
   85  complying with the laws and rules governing barbering and is
   86  complying with the educational objectives and guidelines
   87  established by the school of barbering or the barbering program
   88  and the board.
   89         (4)All services provided by the barbering intern shall be
   90  expressly approved by the internship sponsor and contracted for
   91  by the internship sponsor. The internship sponsor shall ensure
   92  that the public is clearly informed that the barbering intern is
   93  not a licensed barber.
   94         (5)Pursuant to rules established by the board, the
   95  barbershop in which a barbering intern is engaged in the
   96  practice of barbering shall post notice in a conspicuous manner
   97  within the barbershop indicating that a student intern is
   98  providing services on the premises.
   99         (6)A barbering intern shall possess written documentation
  100  of his or her authorization to engage in the practice of
  101  barbering from the student’s school of barbering or barbering
  102  program and shall furnish such documentation to the department
  103  before engaging in the practice of barbering and upon request by
  104  department personnel.
  105         (7)The board shall establish by rule the education
  106  prerequisites for barbering internships, including the minimum
  107  number of hours of classroom instruction and required course
  108  work. The board shall establish by rule the number of permitted
  109  barbering internships per internship sponsor, the minimum and
  110  maximum number of internship hours, and the recommended
  111  educational objectives and guidelines for an internship program
  112  in a school of barbering or barbering program.
  113         (8)The board may terminate the internship of any barbering
  114  intern and the sponsorship of any internship sponsor for a
  115  violation of the laws or rules governing barbering or rules
  116  governing internships. The board shall provide notice of
  117  termination of an internship to the internship sponsor, the
  118  school of barbering or barbering program, and the barbering
  119  intern. In the case of a terminated barbering internship, the
  120  school or program shall determine the educational status of the
  121  barbering intern.
  122         Section 3. Subsection (1) of section 476.188, Florida
  123  Statutes, is amended to read:
  124         476.188 Barber services to be performed in registered
  125  barbershop; exception.—
  126         (1) Barber services shall be performed only by a licensed
  127  barber or a barbering intern supervised by a licensed barber
  128  barbers in a registered barbershop barbershops, except as
  129  otherwise provided in this section.
  130         Section 4. Subsection (1) of section 476.192, Florida
  131  Statutes, is amended to read:
  132         476.192 Fees; disposition.—
  133         (1) The board shall set by rule fees according to the
  134  following schedule:
  135         (a) For barbers, fees for original licensing, license
  136  renewal, and delinquent renewal may shall not exceed $100.
  137         (b) For barbers, fees for endorsement application,
  138  examination, and reexamination may shall not exceed $150.
  139         (c) For barbershops, fees for license application, original
  140  licensing, license renewal, and delinquent renewal may shall not
  141  exceed $150.
  142         (d) For duplicate licenses and certificates, fees may shall
  143  not exceed $25.
  144         (e)For internship sponsors, fees for registration may not
  145  exceed $30.
  146         Section 5. Section 476.194, Florida Statutes, is amended to
  147  read:
  148         476.194 Prohibited acts.—
  149         (1) It is unlawful for any person to:
  150         (a) Engage in the practice of barbering as a barbering
  151  intern without authorization or without an active license as a
  152  barber without an active license issued pursuant to the
  153  provisions of this act by the department.
  154         (b) Engage in willful or repeated violations of this act or
  155  of any of the rules adopted by the board.
  156         (c) Hire or employ any person to engage in the practice of
  157  barbering unless such person holds a valid license as a barber
  158  or is authorized as a barbering intern under this chapter and
  159  supervised by a licensed barber.
  160         (d) Obtain or attempt to obtain a license for money other
  161  than the required fee or any other thing of value or by
  162  fraudulent misrepresentations.
  163         (e) Own, operate, maintain, open, establish, conduct, or
  164  have charge of, either alone or with another person or persons,
  165  a barbershop:
  166         1. Which is not licensed under the provisions of this
  167  chapter; or
  168         2. In which a person who is not licensed as a barber or
  169  authorized as a barbering intern as a barber is permitted to
  170  perform services.
  171         (f) Use or attempt to use a license to practice barbering
  172  when the said license is suspended or revoked.
  173         (2) Any person who violates any provision of this section
  174  commits is guilty of a misdemeanor of the second degree,
  175  punishable as provided in s. 775.082 or s. 775.083.
  176         Section 6. This act shall take effect July 1, 2011.