1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A bill to be entitled An act relating to cosmetology; amending s. 476.044, F.S.; correcting a cross reference; amending s. 477.013, F.S.; redefining the term "cosmetology"; defining the term "salon"; deleting additional definitions; creating s. 477.0131, F.S.; providing for subclassifications of cosmetology licenses; amending s. 477.0132, F.S.; providing for speciality registrations in shampooing, hair braiding, hair wrapping, and body wrapping; providing definitions; providing educational requirements; amending s. 477.0135, F.S.; removing the exemption from licensure under ch. 477, F.S., provided for persons whose practice is confined solely to shampooing; amending s. 477.014, F.S.; prohibiting a person from practicing, or holding himself or herself out as qualified to practice, in an area in which the person does not hold a license; authorizing a cosmetologist who is licensed before the effective date of the act to perform the services of a licensed cosmetologist; authorizing a facial specialist or nail technician who is registered or enrolled in a cosmetology school before the effective date of the act to take the examination for licensure; authorizing certain specialists who are registered before the effective date of the act to continue to practice under such registration; amending s. 477.019, F.S.; providing eligibility requirements for licensure to practice cosmetology or a cosmetology specialty; providing for work experience to be substituted for required educational Page 1 of 33
29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 hours for out-of-state cosmetologists, hairstylists, estheticians, and nail technicians who apply for licensure in this state; authorizing the Board of Cosmetology to require certain licensees or registered specialists to take a refresher course or examination; amending s. 477.0201, F.S.; specifying the qualifications for registration in a specialty; providing for work experience to be substituted for required educational hours for outof-state specialists who apply for a specialty registration in this state; amending s. 477.0212, F.S.; increasing the fee required to reactivate or renew an inactive license; requiring the board to prescribe by rule the requirements for continuing education for license renewal or reactivation; amending s. 477.023, F.S.; providing for certification by the Department of Education of programs in grooming and salon services within the public school system; creating s. 477.0235, F.S.; providing for the licensure of an independent contractor who rents booth space; requiring the board to adopt rules relating to the licensure of such independent contractors; amending s. 477.025, F.S.; prohibiting booth rental salons from operating without a license; providing licensure requirements; requiring the board to adopt rules governing the advertising of certain salons; authorizing the board to adopt rules governing the inspection of booth rental salons; amending s. 477.026, F.S.; requiring the board to set fees for hairstylists, estheticians, nail technicians, booth rental salons, booth renters, and cosmetologists; Page 2 of 33
57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 providing limits for such fees; deleting the requirement that all moneys collected by fees be paid into the Professional Regulation Trust Fund; amending s. 477.0263, F.S.; requiring that cosmetology and specialty services be provided only by persons who are licensed in cosmetology or in a specialty; requiring that disposable implements or disinfectant be used when hair braiding and hair wrapping are practiced outside of a licensed salon; authorizing the provision of cosmetology services and specialty services by a licensed or registered practitioner in a location other than a licensed salon under certain circumstances; amending s. 477.0265, F.S.; prohibiting a person from owning, operating, maintaining, or establishing a booth rental salon under certain conditions; amending s. 477.028, F.S.; authorizing the board to revoke or suspend the license of a hairstylist, esthetician, or nail technician, or the registration of a specialist, under certain circumstances; authorizing the board to revoke or suspend the license of a booth rental salon under certain circumstances; amending s. 477.029, F.S.; prohibiting a person from holding himself or herself out as a hairstylist, esthetician, nail technician, shampoo specialist, or cosmetic specialist unless he or she is duly licensed or registered; providing penalties; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Page 3 of 33
85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 Section 1. Subsection (6) of section 476.044, Florida Statutes, is amended to read: 476.044 Exemptions.--This chapter does not apply to the following persons when practicing pursuant to their professional responsibilities and duties: (6) Persons who practice only shampooing as defined in s. 477.0132(1) 477.013 and whose practice is limited to the acts described therein; or Section 2. Section 477.013, Florida Statutes, is amended to read: 477.013 Definitions.--As used in this chapter, the term: (1) "Board" means the Board of Cosmetology. (2) "Department" means the Department of Business and Professional Regulation. (3) "Cosmetologist" means a person who is licensed to engage in the practice of cosmetology in this state under the authority of this chapter. (3)(4) "Cosmetology" means the practice of performing or offering to perform for compensation any of the following services for aesthetic rather than medical purposes: (a) Hairstyling services, which include: 1. Treating a person's hair by: a. Providing any method of treatment as a primary service, including arranging, beautifying, lightening, cleansing, coloring, cutting, dressing, processing, shampooing, shaping, singeing, straightening, styling, tinting, or waving; b. Providing a necessary service that is preparatory or ancillary to a service under sub-subparagraph a., including Page 4 of 33
113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 clipping, cutting, or trimming; or c. Cutting a person's hair as a separate and independent service for which a charge is directly or indirectly made separately from charges for any other service. 2. Weaving or braiding a person's hair. 3. Shampooing and conditioning a person's hair. 4. Servicing a person's wig or artificial hairpiece on a person's head or on a block in any manner listed in subparagraph 1. 5. Treating a person's mustache or beard by arranging, beautifying, coloring, processing, styling, or trimming. (b) Esthetician services, which include: 1. Cleansing, exfoliating, stimulating, or manipulating superficial tissues of a person's skin by hand or by using a mechanical device, apparatus, or appliance with or without the use of any cosmetic preparation, antiseptic, lotion, powder, oil, clay, cream, or appliance. 2. Beautifying a person's skin using a cosmetic preparation, antiseptic, lotion, powder, oil, clay, cream, or appliance. 3. Administering facial treatments. 4. Removing superfluous hair from a person's body using depilatories, threading, waxing, sugaring, epilating, or tweezing. 5. Tinting eyebrows or eyelashes. (c) Nail technician services, which include: 1. Treating a person's nails by: a. Cutting, trimming, polishing, painting, printing, Page 5 of 33
141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 tinting, coloring, cleansing, manicuring, or pedicuring; or b. Attaching artificial nails, extensions, or capping. 2. Manipulating superficial tissue or cleansing, treating, or beautifying a person's forearms, hands, legs below the knee, or feet mechanical or chemical treatment of the head, face, and scalp for aesthetic rather than medical purposes, including, but not limited to, hair shampooing, hair cutting, hair arranging, hair coloring, permanent waving, and hair relaxing for compensation. This term also includes performing hair removal, including wax treatments, manicures, pedicures, and skin care services. (4) "Salon" means a place of business where one or more of the cosmetology or specialty services are offered or performed for compensation. (5) "Specialist" means any person holding a specialty registration in one or more of the specialties registered under this chapter. (6) "Specialty" means the practice of one or more of the following: (a) Manicuring, or the cutting, polishing, tinting, coloring, cleansing, adding, or extending of the nails, and massaging of the hands. This term includes any procedure or process for the affixing of artificial nails, except those nails which may be applied solely by use of a simple adhesive. (b) Pedicuring, or the shaping, polishing, tinting, or cleansing of the nails of the feet, and massaging or beautifying of the feet. (c) Facials, or the massaging or treating of the face or Page 6 of 33
169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 scalp with oils, creams, lotions, or other preparations, and skin care services. (7) "Shampooing" means the washing of the hair with soap and water or with a special preparation, or applying hair tonics. (8) "Specialty salon" means any place of business wherein the practice of one or all of the specialties as defined in subsection (6) are engaged in or carried on. (9) "Hair braiding" means the weaving or interweaving of natural human hair for compensation without cutting, coloring, permanent waving, relaxing, removing, or chemical treatment and does not include the use of hair extensions or wefts. (10) "Hair wrapping" means the wrapping of manufactured materials around a strand or strands of human hair, for compensation, without cutting, coloring, permanent waving, relaxing, removing, weaving, chemically treating, braiding, using hair extensions, or performing any other service defined as cosmetology. (5)(11) "Photography studio salon" means an establishment where the hair-arranging services and the application of cosmetic products are performed solely for the purpose of preparing the model or client for the photographic session without shampooing, cutting, coloring, permanent waving, relaxing, or removing of hair or performing any other service defined as cosmetology. (12) "Body wrapping" means a treatment program that uses herbal wraps for the purposes of cleansing and beautifying the skin of the body, but does not include: Page 7 of 33
197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 (a) The application of oils, lotions, or other fluids to the body, except fluids contained in presoaked materials used in the wraps; or (b) Manipulation of the body's superficial tissue, other than that arising from compression emanating from the wrap materials. (13) "Skin care services" means the treatment of the skin of the body, other than the head, face, and scalp, by the use of a sponge, brush, cloth, or similar device to apply or remove a chemical preparation or other substance, except that chemical peels may be removed by peeling an applied preparation from the skin by hand. Skin care services must be performed by a licensed cosmetologist or facial specialist within a licensed cosmetology or specialty salon, and such services may not involve massage, as defined in s. 480.033(3), through manipulation of the superficial tissue. Section 3. Section 477.0131, Florida Statutes, is created to read: 477.0131 Cosmetology licenses.-- (1) A person who is otherwise qualified by this chapter and who is authorized to practice all of the services listed in s. 477.013(3)(a) shall be licensed as a hairstylist. (2) A person who is otherwise qualified by this chapter and who is authorized to practice all of the services listed in s. 477.013(3)(b) shall be licensed as an esthetician. (3) A person who is otherwise qualified by this chapter and who is authorized to practice all of the services listed in s. 477.013(3)(c) shall be licensed as a nail technician. Page 8 of 33
225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 (4) A person who is otherwise qualified by this chapter and who is authorized to practice all of the services listed in s. 477.013(3) shall be licensed as a cosmetologist. Section 4. Section 477.0132, Florida Statutes, is amended to read: 477.0132 Specialty registration in shampooing, hair braiding, hair wrapping, and body wrapping registration.--any person who is otherwise qualified by this chapter and who is authorized to practice in one or more of the following specialties shall receive a specialty registration in the corresponding specialty: (1) "Shampooing" is the cleansing of hair with shampoo and water or with a special preparation or the applying of hair treatment or conditioners. "Shampooing" does not include the application or removal of permanent waves, relaxers, hair coloring, or lighteners. A person whose occupation or practice is confined solely to shampooing shall apply to the department, shall pay the applicable registration fees, and shall have taken and passed a course consisting of a minimum of 16 hours. The course shall be approved by the Department of Education and consist of 4 hours of instruction in HIV/AIDS and other communicable diseases, 5 hours of instruction in sanitation and sterilization, 5 hours of instruction in disorders and diseases of the scalp, and 2 hours of instruction regarding laws affecting shampooing and services established by the board. (2) "Hair braiding" is the weaving or interweaving of hair for compensation without cutting, coloring, permanent waving, relaxing, removing, or chemical treatment. A person whose Page 9 of 33
253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 occupation or practice is confined solely to hair braiding shall apply to the department, shall pay the applicable registration fees, and shall have taken and passed a course consisting of a minimum of 40 hours. The course shall be approved by the Department of Education and consist of 4 hours of instruction in HIV/AIDS and other communicable diseases, 5 hours of instruction in sanitation and sterilization, 5 hours of instruction in disorders and diseases of the scalp, 24 hours of instruction in the application and removal of hair braiding, and 2 hours of instruction regarding laws affecting hair braiding. (3) "Hair wrapping" is the wrapping of manufactured materials around a strand or strands of human hair for compensation without cutting, shampooing, coloring, permanent waving, relaxing, removing, weaving, chemically treating, braiding, using hair extensions, or performing any other service defined as cosmetology. A person whose occupation or practice is confined solely to hair wrapping shall apply to the department, shall pay the applicable registration fees, and shall have taken and passed a course consisting of a minimum of 24 hours. The course shall be approved by the Department of Education and consist of 4 hours of instruction in HIV/AIDS and other communicable diseases, 5 hours of instruction in sanitation and sterilization, 5 hours of instruction in disorders and diseases of the scalp, 8 hours of instruction in the application of hair wrapping, and 2 hours of instruction regarding laws affecting hair wrapping and services established by the board. (4)(a) "Body wrapping," which is a treatment program that uses wraps for the purposes of cleansing and beautifying the Page 10 of 33
281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 skin of the body for aesthetic rather than medical or weightloss purposes, is the application of oils, lotions, or other fluids to the body using wraps. "Body wrapping" does not include manipulation of the body's superficial tissue other than compression by the wrap materials. (b) A person whose occupation or practice is confined solely to body wrapping shall apply to the department, shall pay the applicable registration fees, and shall have taken and passed a course consisting of a minimum of 250 hours. The course shall be approved by the Department of Education and consist of 4 hours of instruction in HIV/AIDS and other communicable diseases, 5 hours of instruction in sanitation and sterilization, 5 hours of instruction in disorders and diseases of the skin, 234 hours of training in the practice of body wrapping, and 2 hours of instruction regarding laws affecting body wrapping and services established by the board. (1)(a) Persons whose occupation or practice is confined solely to hair braiding must register with the department, pay the applicable registration fee, and take a two-day 16-hour course. The course shall be board approved and consist of 5 hours of HIV/AIDS and other communicable diseases, 5 hours of sanitation and sterilization, 4 hours of disorders and diseases of the scalp, and 2 hours of studies regarding laws affecting hair braiding. (b) Persons whose occupation or practice is confined solely to hair wrapping must register with the department, pay the applicable registration fee, and take a one-day 6-hour course. The course shall be board approved and consist of Page 11 of 33
309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 education in HIV/AIDS and other communicable diseases, sanitation and sterilization, disorders and diseases of the scalp, and studies regarding laws affecting hair wrapping. (c) Unless otherwise licensed or exempted from licensure under this chapter, any person whose occupation or practice is body wrapping must register with the department, pay the applicable registration fee, and take a two-day 12-hour course. The course shall be board approved and consist of education in HIV/AIDS and other communicable diseases, sanitation and sterilization, disorders and diseases of the skin, and studies regarding laws affecting body wrapping. (d) Only the board may review, evaluate, and approve a course required of an applicant for registration under this subsection in the occupation or practice of hair braiding, hair wrapping, or body wrapping. A provider of such a course is not required to hold a license under chapter 1005. (2) Hair braiding, hair wrapping, and body wrapping are not required to be practiced in a cosmetology salon or specialty salon. When hair braiding, hair wrapping, or body wrapping is practiced outside a cosmetology salon or specialty salon, disposable implements must be used or all implements must be sanitized in a disinfectant approved for hospital use or approved by the federal Environmental Protection Agency. (3) Pending issuance of registration, a person is eligible to practice hair braiding, hair wrapping, or body wrapping upon submission of a registration application that includes proof of successful completion of the education requirements and payment of the applicable fees required by this chapter. Page 12 of 33
337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 Section 5. Section 477.0135, Florida Statutes, is amended to read: 477.0135 Exemptions.-- (1) This chapter does not apply to the following persons when practicing pursuant to their professional or occupational responsibilities and duties: (a) Persons authorized under the laws of this state to practice medicine, surgery, osteopathic medicine, chiropractic medicine, massage, naturopathy, or podiatric medicine. (b) Commissioned medical or surgical officers of the United States Armed Forces hospital services. (c) Registered nurses under the laws of this state. (d) Persons practicing barbering under the laws of this state. (e) Persons employed in federal, state, or local institutions, hospitals, or military bases as cosmetologists whose practices are limited to the inmates, patients, or authorized military personnel of such institutions, hospitals, or bases. (f) Persons whose practice is limited to the application of cosmetic products to another person in connection with the sale, or attempted sale, of such products at retail without compensation from such other person other than the regular retail price of such merchandise. (2) A license is not required of any person whose occupation or practice is confined solely to shampooing. (2)(3) A license or registration is not required of any person whose occupation or practice is confined solely to Page 13 of 33
365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 cutting, trimming, polishing, or cleansing the fingernails of any person when said cutting, trimming, polishing, or cleansing is done in a barbershop licensed pursuant to chapter 476 which is carrying on a regular and customary business of barbering, and such individual has been practicing the activities set forth in this subsection prior to October 1, 1985. (3)(4) A photography studio salon is exempt from the licensure provisions of this chapter. However, the hairarranging services of such salon must be performed under the supervision of a licensed cosmetologist employed by the salon. The salon must use disposable hair-arranging implements or use a wet or dry sanitizing system approved by the federal Environmental Protection Agency. (4)(5) A license is not required of any individual providing makeup, special effects, or cosmetology services to an actor, stunt person, musician, extra, or other talent during a production recognized by the Office of Film and Entertainment as a qualified production as defined in s. 288.1254(2). Such services are not required to be performed in a licensed salon. Individuals exempt under this subsection may not provide such services to the general public. (5)(6) A license is not required of any individual providing makeup or special effects services in a theme park or entertainment complex to an actor, stunt person, musician, extra, or other talent, or providing makeup or special effects services to the general public. The term "theme park or entertainment complex" has the same meaning as in s. 509.013(9). Section 6. Section 477.014, Florida Statutes, is amended Page 14 of 33
393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 to read: 477.014 Qualifications for practice.-- (1) On and after July 1, 2005, a January 1, 1979, no person other than a duly licensed cosmetologist may not shall practice in any of the cosmetology areas provided in s. 477.013(3) or use the name or title of cosmetologist, hairstylist, esthetician, or nail technician. (2) A person licensed on or after July 1, 2005, may not practice or hold himself or herself out as qualified to practice in an area in which he or she is not specifically licensed. (3) A cosmetologist licensed before July 1, 2005, may perform all the services of a licensed cosmetologist as defined in this chapter. (4) A facial specialist registered or enrolled in a cosmetology school before July 1, 2005, may take the examination for an esthetician license. (5) A manicure, pedicure, or nail extension specialist registered or enrolled in a cosmetology school before July 1, 2005, may take the examination for a nail technician license. (6) A specialist registered under this chapter before July 1, 2005, may choose not to take a licensure examination and may continue to practice under the name of his or her specialty registration. Section 7. Section 477.019, Florida Statutes, is amended to read: 477.019 Cosmetologists; hairstylists; estheticians; nail technicians; qualifications; licensure; supervised practice; license renewal; endorsement; continuing education.-- Page 15 of 33
421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 (1) A person desiring to be licensed in the field of cosmetology as a cosmetologist shall apply to the department for licensure. (2) An applicant is shall be eligible for licensure by examination to practice cosmetology, hairstylist services, esthetician services, or nail technician services if the applicant: (a) Is at least 16 years of age and or has received a high school diploma or graduate equivalency diploma or has passed an ability-to-benefit test, which is an independently administered test approved by the United States Secretary of Education as provided in 20 U.S.C. s. 1091(d).; (b) Pays the required application fee, which is not refundable, and the required examination fee, which is refundable if the applicant is determined to not be eligible for licensure for any reason other than failure to successfully complete the licensure examination.; and (c)1. Is authorized to practice cosmetology in another state or country, has been so authorized for at least 1 year, and does not qualify for licensure by endorsement as provided for in subsection (6); or 2.a. Has received a minimum of hours of training as follows: (I) One thousand two hundred hours for a hairstylist. (II) Six hundred hours for an esthetician. (III) Six hundred hours for a nail technician. (IV) Two thousand four hundred hours for a cosmetologist. b. The training Has received a minimum of 1,200 hours of Page 16 of 33
449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 training as established by the board, which shall include, but need shall not be limited to, the equivalent of completion of services directly related to the practice of cosmetology at one of the following: (I)a. A school of cosmetology licensed pursuant to chapter 1005. (II)b. A cosmetology program within the public school system. (III)c. The Cosmetology Division of the Florida School for the Deaf and the Blind, provided the division meets the standards of this chapter. (IV)d. A government-operated cosmetology program in this state. c. A person who has enrolled and begun his or her education before July 1, 2005, may take the examination to be licensed as a cosmetologist upon completion of 1,200 hours of education. d. A person who begins his or her education on or after July 1, 2005, shall comply with the training requirements in sub-subparagraph a. in order to qualify to take the respective examination. The board shall establish by rule procedures whereby the school or program may certify that a person is qualified to take the required examination after the completion of a minimum of 1,000 actual school hours. If the person then passes the examination, he or she shall have satisfied this requirement; but if the person fails the examination, he or she shall not be qualified Page 17 of 33
477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 to take the examination again until the completion of the full requirements provided by this section. (3) Upon an applicant receiving a passing grade, as established by board rule, on the examination and paying the initial licensing fee, the department shall issue a license to practice in the respective area of cosmetology provided in s. 477.013(3). (4) Following the completion of the training specified in subsection (2), a graduate may apply for a license that will enable such graduate to practice in his or her cosmetology area if he or she practices under the supervision of a person licensed in the graduate's practice area in a licensed salon. The board shall establish rules governing the practice of qualified graduates and the duration of the practice first licensing examination and pending the results of that examination and issuance of a license to practice cosmetology, graduates of licensed cosmetology schools or cosmetology programs offered in public school systems, which schools or programs are certified by the Department of Education, are eligible to practice cosmetology, provided such graduates practice under the supervision of a licensed cosmetologist in a licensed cosmetology salon. A graduate who fails the first examination may continue to practice under the supervision of a licensed cosmetologist in a licensed cosmetology salon if the graduate applies for the next available examination and until the graduate receives the results of that examination. No graduate may continue to practice under this subsection if the graduate fails the examination twice. Page 18 of 33
505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 (5) Renewal of license registration shall be accomplished pursuant to rules adopted by the board. (6) The board shall adopt rules specifying procedures for the licensure by endorsement of practitioners desiring to be licensed in this state who hold a current active license in another state and who have met qualifications substantially similar to, equivalent to, or greater than the qualifications required of applicants from this state. For purposes of this subsection, work experience may be substituted for required educational hours in the amount and manner provided by rule. (7)(a) The board shall prescribe by rule continuing education requirements for licensees and registered specialists that intended to ensure the protection of the public through updated training of licensees and registered specialists, not to exceed 16 hours biennially, as a condition for renewal of a license or registration as a specialist under this chapter. Continuing education courses shall include, but need not be limited to, the following subjects as they relate to the practice of cosmetology: human immunodeficiency virus and acquired immune deficiency syndrome; Occupational Safety and Health Administration regulations; workers' compensation issues; state and federal laws and rules as they pertain to booth rental and the practice of cosmetology cosmetologists, cosmetology, salons, specialists, specialty salons, and booth renters; chemical makeup as it pertains to hair, skin, and nails; and environmental issues. Courses given at educational cosmetology conferences may be counted toward the number of continuing education hours required if approved by the board. Page 19 of 33
533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 (b) Any person whose occupation or practice is confined solely to hair braiding, hair wrapping, or body wrapping is exempt from the continuing education requirements of this subsection. (b)(c) The board may, by rule, require any licensee or registered specialist who has not been in the active practice of cosmetology for 2 years or more in violation of a continuing education requirement to take a refresher course or refresher course and examination in addition to any other penalty. The number of hours for the refresher course may not exceed 500 48 hours. Section 8. Subsections (1) and (5) of section 477.0201, Florida Statutes, are amended to read: 477.0201 Specialty registration; qualifications; registration renewal; endorsement.-- (1) Any person is qualified for registration as a specialist in any one or more of the specialty practices listed in s. 477.0132 within the practice of cosmetology under this chapter who: (a) Is at least 16 years of age and or has received a high school diploma or graduate equivalency diploma or has passed an ability-to-benefit test, which is an independently administered test approved by the United States Secretary of Education as provided in 20 U.S.C. s. 1091(d). (b) Has received a certificate of completion in a specialty course pursuant to s. 477.0132 477.013(6) from one of the following: 1. A school licensed pursuant to s. 477.023. Page 20 of 33
561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 2. A school licensed pursuant to chapter 1005 or the equivalent licensing authority of another state. 3. A specialty program within the public school system. 4. A specialty division within the Cosmetology Division of the Florida School for the Deaf and the Blind, provided the training programs comply with minimum curriculum requirements established by the board. (5) The board shall adopt rules specifying procedures for the registration of specialty practitioners desiring to be registered in this state who have been registered or licensed and are practicing in states which have registering or licensing standards substantially similar to, equivalent to, or more stringent than the standards of this state. For purposes of this subsection, work experience may be substituted for required educational hours in the amount and manner provided by rule. Section 9. Subsection (2) of section 477.0212, Florida Statutes, is amended to read: 477.0212 Inactive status.-- (2) The board shall adopt promulgate rules relating to licenses that which have become inactive and for the renewal of inactive licenses. The board shall prescribe by rule a fee not to exceed $100 $50 for the reactivation of an inactive license and a fee not to exceed $100 $50 for the renewal of an inactive license. The board shall prescribe by rule the continuing education requirements to be met prior to license renewal or reactivation. Section 10. Section 477.023, Florida Statutes, is amended to read: Page 21 of 33
589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 477.023 Schools of cosmetology; licensure.--a No private school of cosmetology may not shall be permitted to operate without a license issued by the Commission for Independent Education pursuant to chapter 1005. However, this chapter does not nothing herein shall be construed to prevent certification by the Department of Education of grooming and salon services and cosmetology training programs within the public school system or to prevent government operation of any other program of cosmetology in this state. Section 11. Section 477.0235, Florida Statutes, is created to read: 477.0235 Independent contractor; booth renter license.-- (1) A person licensed or registered under this chapter may not lease or rent space on the premises of a beauty salon to engage as an independent contractor in the practice of cosmetology or a cosmetological specialty unless the person also holds a booth renter license issued under this section and meets the guidelines of the Internal Revenue Service as stated in 26 U.S.C. s. 3121(d)(2) of the Internal Revenue Code. (2) An application for a booth renter license must: (a) Be on a form prescribed by the board. (b) Contain information as required by board rule. (c) Include a copy of the contract. (3) The applicant is entitled to a booth renter license if the applicant: (a) Pays the application fee. (b) Complies with board rules. (c) Has not committed an act that constitutes grounds for Page 22 of 33
617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 denial of a license or certificate. (4) The board shall adopt rules relating to the information submitted for a booth renter license, including information regarding the applicant's compliance with state and federal tax laws. Section 12. Section 477.025, Florida Statutes, is amended to read: 477.025 Cosmetology salons; specialty salons; booth rental salons; requisites; licensure; inspection; mobile cosmetology salons.-- (1) A No cosmetology salon, or specialty salon, or booth rental salon may not shall be permitted to operate without a license issued by the department except as provided in subsection (11). (2) The board shall adopt rules governing the licensure and operation of salons, and specialty salons, and booth rental salons; and their facilities, personnel, advertising, and safety and sanitation sanitary requirements;, and the license application and granting process. (3) Any person, firm, or corporation desiring to operate a cosmetology salon, or specialty salon, or booth rental salon in the state shall submit to the department an application upon forms provided by the department and accompanied by any relevant information requested by the department and by an application fee. (4) Upon receiving the application, the department may cause an investigation to be made of the proposed cosmetology salon, or specialty salon, or booth rental salon. Page 23 of 33
645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 (5) If When an applicant fails to meet all the requirements provided in this section herein, the department shall deny the application in writing and shall list the specific requirements not met. An No applicant denied licensure because of failure to meet the requirements of this section is not herein shall be precluded from reapplying for licensure. (6) When the department determines that the proposed cosmetology salon, or specialty salon, or booth rental salon may reasonably be expected to meet the requirements set forth in this section herein, the department shall grant the license upon such conditions as it deems shall deem proper under the circumstances and upon payment of the original licensing fee. (7) A No license for operation of a cosmetology salon, or specialty salon, or booth rental salon may not be transferred from the name of the original licensee to another. It may be transferred from one location to another only upon approval by the department, which approval may shall not be unreasonably withheld. (8) Renewal of license registration for cosmetology salons, or specialty salons, or booth rental salons shall be accomplished pursuant to rules adopted by the board. The board is further authorized to adopt rules governing delinquent renewal of licenses and may impose penalty fees for delinquent renewal. (9) The board may is authorized to adopt rules governing the periodic inspection of cosmetology salons, and specialty salons, and booth rental salons licensed under this chapter. (10)(a) The board shall adopt rules governing the Page 24 of 33
673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 licensure, operation, and inspection of mobile cosmetology salons, including their facilities, personnel, and safety and sanitation sanitary requirements. (b) Each mobile salon shall must comply with all licensure and operating requirements specified in this chapter or chapter 455 or rules of the board or department that apply to cosmetology salons at fixed locations, except to the extent that such requirements conflict with this subsection or rules adopted pursuant to this subsection. (c) A mobile cosmetology salon shall must maintain a permanent business address, located in the inspection area of the local department office, at which records of appointments, itineraries, license numbers of employees, and vehicle identification numbers of the licenseholder's mobile salon shall be kept and made available for verification purposes by department personnel, and at which correspondence from the department can be received. (d) To facilitate periodic inspections of mobile cosmetology salons, prior to the beginning of each month each mobile salon licenseholder shall must file with the board a written monthly itinerary listing the locations where and the dates and hours when the mobile salon will be operating. (e) The board shall establish fees for mobile cosmetology salons, not to exceed the fees for cosmetology salons at fixed locations. (f) The operation of mobile cosmetology salons shall must be in compliance with all local laws and ordinances regulating business establishments, with all applicable requirements of the Page 25 of 33
701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 Americans with Disabilities Act relating to accommodations for persons with disabilities, and with all applicable OSHA requirements. (11) Facilities licensed under part II or part III of chapter 400 shall be exempt from the provisions of this section and a cosmetologist licensed pursuant to s. 477.019 may provide salon services exclusively for facility residents. Section 13. Section 477.026, Florida Statutes, is amended to read: 477.026 Fees; disposition.-- (1) The board shall set fees according to the following schedule: (a) For hairstylists, estheticians, nail technicians, or cosmetologists, fees for original licensing, license renewal, and delinquent renewal may shall not exceed $50 $25. (b) For hairstylists, estheticians, nail technicians, or cosmetologists, fees for endorsement application, examination, and reexamination may shall not exceed $150 $50. (c) For cosmetology salons, booth rental salons, and specialty salons, fees for license application, original licensing, license renewal, and delinquent renewal may shall not exceed $100 $50. (d) For specialty registrations specialists, fees for application and endorsement registration may shall not exceed $60 $30. (e) For specialty registrations specialists, fees for initial registration, registration renewal, and delinquent renewal may shall not exceed $50. Page 26 of 33
729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 (f) For booth renters hair braiders, hair wrappers, and body wrappers, fees for original licensing, license renewal, and delinquent renewal may registration shall not exceed $50 $25. (2) All moneys collected by the department from fees authorized by this chapter shall be paid into the Professional Regulation Trust Fund, which fund is created in the department, and shall be applied in accordance with ss. 215.37 and 455.219. The Legislature may appropriate any excess moneys from this fund to the General Revenue Fund. (2)(3) The department, with the advice of the board, shall prepare and submit a proposed budget in accordance with law. Section 14. Section 477.0263, Florida Statutes, is amended to read: 477.0263 Cosmetology services to be performed in licensed salon; exceptions exception.-- (1) Cosmetology or specialty services shall be performed only by licensed cosmetologists, hairstylists, estheticians, nail technicians, shampoo specialists, cosmetic specialists, or body wrappers in licensed salons, except as otherwise provided in this section. (2) Hair braiding and hair wrapping need not be practiced in a licensed salon. When hair braiding and hair wrapping are practiced outside a licensed salon, disposable implements must be used or all implements must be sanitized in a disinfectant approved for hospital use or by the United States Environmental Protection Agency. (3)(2) Pursuant to rules established by the board, cosmetology services may be performed by a licensed Page 27 of 33
757 758 759 760 761 762 763 764 765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 cosmetologist, hairstylist, esthetician, nail technician, or speciality registrant in a location other than a licensed salon, including, but not limited to, a nursing home, hospital, or residence, when a client for reasons of ill health is unable to go to a licensed salon. Arrangements for the performance of such cosmetology services in a location other than a licensed salon shall be made only through a licensed salon. (4)(3) Any person who holds a valid cosmetology license in any state or who is authorized to practice cosmetology in any country, territory, or jurisdiction of the United States may perform cosmetology services in a location other than a licensed salon when such services are performed in connection with the motion picture, fashion photography, theatrical, or television industry; a photography studio salon; a manufacturer trade show demonstration; a department store demonstration; or an educational seminar. (5) Pursuant to rules established by the board, cosmetology, hairstylist, esthetician, nail technician, or specialty services may be performed in a location other than a licensed salon when such services are performed in connection with a special event and are performed by a person holding the proper license or specialty registration. Arrangements for the performance of such services in a location other than a licensed salon shall be made only through a licensed salon. Section 15. Subsection (1) of section 477.0265, Florida Statutes, is amended to read: 477.0265 Prohibited acts.-- (1) It is unlawful for any person to: Page 28 of 33
785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 801 802 803 804 805 806 807 808 809 810 811 812 (a) Engage in the practice of cosmetology or a specialty without an active license in the field of cosmetology as a cosmetologist or registration as a specialist issued by the department pursuant to the provisions of this chapter. (b) Own, operate, maintain, open, establish, conduct, or have charge of, either alone or with another person or persons, a cosmetology salon, or specialty salon, or booth rental salon: 1. Which is not licensed under the provisions of this chapter; or 2. In which a person not licensed in the field of cosmetology or registered as a cosmetologist or registered as a specialist is permitted to perform cosmetology services or any specialty. (c) Engage in willful or repeated violations of this chapter or of any rule adopted by the board. (d) Permit an employed person to engage in the practice of cosmetology or of a specialty unless such person holds a valid, active license in the field of cosmetology as a cosmetologist or registration as a specialist. (e) Obtain or attempt to obtain a license or registration for money, other than the required fee, or any other thing of value or by fraudulent misrepresentations. (f) Use or attempt to use a license to practice in the field of cosmetology or a registration to practice a specialty, which license or registration is suspended or revoked. (g) Advertise or imply that skin care services or body wrapping, as performed under this chapter, has have any relationship to the practice of massage therapy as defined in s. Page 29 of 33
813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 480.033(3), except those practices or activities defined in s. 477.013. (h) In the practice of cosmetology, use or possess a cosmetic product containing a liquid nail monomer containing any trace of methyl methacrylate (MMA). Section 16. Section 477.028, Florida Statutes, is amended to read: 477.028 Disciplinary proceedings.-- (1) The board may shall have the power to revoke or suspend the license of a cosmetologist, hairstylist, esthetician, or nail technician licensed under this chapter, or the registration of a specialist registered under this chapter, and may to reprimand, censure, deny subsequent licensure or registration of, or otherwise discipline a cosmetologist, hairstylist, esthetician, nail technician, or other a specialist licensed or registered under this chapter in any of the following cases: (a) Upon proof that a license or registration has been obtained by fraud or misrepresentation. (b) Upon proof that the holder of a license or registration is guilty of fraud or deceit or of gross negligence, incompetency, or misconduct in the practice or instruction of cosmetology or a specialty. (c) Upon proof that the holder of a license or registration is guilty of aiding, assisting, procuring, or advising any unlicensed person to practice in the field of cosmetology as a cosmetologist. (2) The board may shall have the power to revoke or Page 30 of 33
841 842 843 844 845 846 847 848 849 850 851 852 853 854 855 856 857 858 859 860 861 862 863 864 865 866 867 868 suspend the license of a cosmetology salon, or a specialty salon, or booth rental salon licensed under this chapter;, to deny subsequent licensure of such salon;, or to reprimand, censure, or otherwise discipline the owner of such salon in either of the following cases: (a) Upon proof that a license has been obtained by fraud or misrepresentation. (b) Upon proof that the holder of a license is guilty of fraud or deceit or of gross negligence, incompetency, or misconduct in the operation of the salon so licensed. (3) Disciplinary proceedings shall be conducted pursuant to the provisions of chapter 120. (4) The department may shall not issue or renew a license or certificate of registration under this chapter to any person against whom or salon against which the board has assessed a fine, interest, or costs associated with investigation and prosecution until the person or salon has paid in full such fine, interest, or costs associated with investigation and prosecution or until the person or salon complies with or satisfies all terms and conditions of the final order. Section 17. Section 477.029, Florida Statutes, is amended to read: 477.029 Penalty.-- (1) It is unlawful for any person to: (a) Hold himself or herself out as a cosmetologist, hairstylist, esthetician, nail technician, shampoo specialist, cosmetic specialist, hair wrapper, hair braider, or body wrapper unless duly licensed or registered, or otherwise authorized, as Page 31 of 33
869 870 871 872 873 874 875 876 877 878 879 880 881 882 883 884 885 886 887 888 889 890 891 892 893 894 895 896 provided in this chapter. (b) Operate any cosmetology salon unless it has been duly licensed as provided in this chapter. (c) Permit an employed person to practice in the field of cosmetology, in or a cosmetological specialty, or as a hairstylist, esthetician, or nail technician unless duly licensed or registered, or otherwise authorized, as provided in this chapter. (d) Present as his or her own the license of another. (e) Give false or forged evidence to the department in obtaining any license provided for in this chapter. (f) Impersonate any other licenseholder of like or different name. (g) Use or attempt to use a license that has been revoked. (h) Violate any provision of s. 455.227(1), s. 477.0265, or s. 477.028. (i) Violate or refuse to comply with any provision of this chapter or chapter 455 or a rule or final order of the board or the department. (2) Any person who violates the provisions of this section is shall be subject to one or more of the following penalties, as determined by the board: (a) Revocation or suspension of any license or registration issued pursuant to this chapter. (b) Issuance of a reprimand or censure. (c) Imposition of an administrative fine not to exceed $500 for each count or separate offense. (d) Placement on probation for a period of time and Page 32 of 33