Florida Senate - 2023                                    SB 1148
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-01143B-23                                          20231148__
    1                        A bill to be entitled                      
    2         An act relating to restricted barbering; amending s.
    3         476.144, F.S.; authorizing persons without a license
    4         to practice barbering to perform restricted barbering
    5         at barbershops if certain requirements are met;
    6         amending ss. 476.188, 476.194, and 476.204, F.S.;
    7         conforming provisions to changes made by the act;
    8         amending s. 476.214, F.S.; authorizing the Barbers’
    9         Board to discipline persons authorized to practice
   10         restricted barbering; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (8) is added to section 476.144,
   15  Florida Statutes, to read:
   16         476.144 Licensure.—
   17         (8) Notwithstanding any other provision of this chapter or
   18  board rule, a person without a license to practice barbering may
   19  perform services designated by the board as restricted
   20  barbering, provided that all of the following apply:
   21         (a) The person performs restricted barbering under the
   22  supervision of a licensed barber in a licensed barbershop.
   23         (b) The person has not been disciplined relating to the
   24  practice of barbering in the previous 5 years.
   25         (c) If board rules require completion of an education
   26  course on sanitation safety, including education on the subjects
   27  of human immunodeficiency virus and acquired immune deficiency
   28  syndrome, as a condition of granting a license to practice
   29  barbering, the person has successfully completed such education
   30  course requirements to the same extent as would be required to
   31  receive a license to practice barbering.
   32         Section 2. Subsection (1) of section 476.188, Florida
   33  Statutes, is amended to read:
   34         476.188 Barber services to be performed in registered
   35  barbershop; exception.—
   36         (1) Barber services shall be performed only by licensed
   37  barbers in registered barbershops, except as otherwise provided
   38  in this section. However, a person authorized to perform
   39  restricted barbering pursuant to s. 476.144(8) may perform
   40  restricted barbering in a licensed barbershop.
   41         Section 3. Paragraphs (a), (b), and (d) of subsection (1)
   42  of section 476.194, Florida Statutes, are amended to read:
   43         476.194 Prohibited acts.—
   44         (1) It is unlawful for any person to:
   45         (a) Engage in the practice of barbering without an active
   46  license as a barber issued pursuant to the provisions of this
   47  act by the department, unless the person is authorized to
   48  perform restricted barbering under s. 476.144(8).
   49         (b) Hire or employ any person to engage in the practice of
   50  barbering unless such person holds a valid license as a barber
   51  or is authorized to perform restricted barbering under s.
   52  476.144(8).
   53         (d) Own, operate, maintain, open, establish, conduct, or
   54  have charge of, either alone or with another person or persons,
   55  a barbershop:
   56         1. Which is not licensed under the provisions of this
   57  chapter; or
   58         2. In which a person not licensed as a barber is permitted
   59  to perform services, unless the person is authorized to perform
   60  restricted barbering under s. 476.144(8).
   61         Section 4. Paragraph (a) of subsection (1) of section
   62  476.204, Florida Statutes, is amended to read:
   63         476.204 Penalties.—
   64         (1) It is unlawful for any person to:
   65         (a) Hold himself or herself out as a barber unless he or
   66  she is authorized to provide barbering or restricted barbering
   67  duly licensed as provided in this chapter.
   68         Section 5. Subsections (1) and (2) of section 476.214,
   69  Florida Statutes, are amended to read:
   70         476.214 Grounds for suspending, revoking, or refusing to
   71  grant license or certificate.—
   72         (1) The board shall have the power to revoke or suspend any
   73  authorization to practice restricted barbering, license,
   74  registration card, or certificate of registration issued
   75  pursuant to this act, or to reprimand, censure, deny subsequent
   76  licensure of, or otherwise discipline any person authorized to
   77  practice restricted barbering or any holder of a license,
   78  registration card, or certificate of registration issued
   79  pursuant to this act, for any of the following causes:
   80         (a) Gross malpractice or gross incompetency in the practice
   81  of barbering;
   82         (b) Practice by a person knowingly having an infectious or
   83  contagious disease; or
   84         (c) Commission of any of the offenses described in s.
   85  476.194.
   86         (2) The board shall keep a record of its disciplinary
   87  proceedings against persons authorized to practice restricted
   88  barbering and holders of licenses or certificates of
   89  registration issued pursuant to this act.
   90         Section 6. This act shall take effect July 1, 2023.