House Bill 2017
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 1999                HB 2017
        By the Committee on Business Regulation & Consumer Affairs
    and Representatives Ogles, Brown, Turnbull, J. Miller,
    Cantens, Greenstein, Kilmer and Sorensen
  1                      A bill to be entitled
  2         An act relating to the regulation of
  3         professions and occupations; amending s. 11.62,
  4         F.S.; providing criteria for evaluating
  5         proposals for new regulation of a profession or
  6         occupation based on the effect of such
  7         regulation on job creation or retention;
  8         requiring proponents of legislation to regulate
  9         a profession or occupation not already
10         regulated to provide additional cost
11         information; amending ss. 455.201 and 455.517,
12         F.S.; prohibiting the Department of Business
13         and Professional Regulation and the Department
14         of Health and their regulatory boards from
15         creating any regulation that has an
16         unreasonable effect on job creation or
17         retention or on employment opportunities;
18         providing for evaluation of proposals to
19         increase the regulation of already regulated
20         professions to determine the effect of such
21         regulation on job creation or retention and
22         employment opportunities; creating s. 455.2035,
23         F.S.; providing rulemaking authority to the
24         Department of Business and Professional
25         Regulation for the regulation of any profession
26         under its jurisdiction which does not have a
27         regulatory board; creating s. 455.2123, F.S.;
28         authorizing the use of distance learning to
29         satisfy continuing education requirements;
30         creating s. 455.2124, F.S.; authorizing
31         proration of continuing education requirements;
                                  1
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 1999                HB 2017
    190-947C-99
  1         amending s. 455.213, F.S.; requiring
  2         fingerprint cards with applications for
  3         registration, certification, or licensure in
  4         certain professions; providing for use of such
  5         cards for criminal history record checks of
  6         applicants; amending s. 468.453, F.S.; applying
  7         such fingerprint card requirements to
  8         applicants for licensure as an athlete agent;
  9         amending s. 475.175, F.S.; applying such
10         fingerprint card requirements to persons
11         applying to take the examination for licensure
12         as a real estate broker or salesperson;
13         amending s. 475.615, F.S.; applying such
14         fingerprint card requirements to applicants for
15         registration, certification, or licensure as a
16         real estate appraiser; amending s. 455.225,
17         F.S.; providing for a summary hearing on the
18         existence of probable cause; amending s.
19         455.227, F.S.; providing for denial of issuance
20         or renewal of licensure under certain
21         circumstances; amending s. 477.013, F.S.;
22         redefining the term "cosmetology" and defining
23         the terms "body wrapping" and "skin care
24         services"; amending s. 477.0132, F.S.;
25         requiring registration of persons whose
26         occupation or practice is body wrapping;
27         requiring a registration fee and certain
28         education; amending s. 477.019, F.S.; exempting
29         persons whose occupation or practice is
30         confined solely to body wrapping from certain
31         continuing education requirements; amending s.
                                  2
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 1999                HB 2017
    190-947C-99
  1         477.026, F.S.; providing for the registration
  2         fee; amending s. 477.0265, F.S.; prohibiting
  3         advertising or implying that skin care services
  4         have any relationship to the practice of
  5         massage therapy; providing penalties; amending
  6         s. 477.029, F.S.; prohibiting holding oneself
  7         out as a body wrapper unless licensed,
  8         registered, or otherwise authorized under
  9         chapter 477, F.S.; providing penalties;
10         providing an effective date.
11
12  Be It Enacted by the Legislature of the State of Florida:
13
14         Section 1.  Subsections (3) and (4) of section 11.62,
15  Florida Statutes, are amended to read:
16         11.62  Legislative review of proposed regulation of
17  unregulated functions.--
18         (3)  In determining whether to regulate a profession or
19  occupation, the Legislature shall consider the following
20  factors:
21         (a)  Whether the unregulated practice of the profession
22  or occupation will substantially harm or endanger the public
23  health, safety, or welfare, and whether the potential for harm
24  is recognizable and not remote;
25         (b)  Whether the practice of the profession or
26  occupation requires specialized skill or training, and whether
27  that skill or training is readily measurable or quantifiable
28  so that examination or training requirements would reasonably
29  assure initial and continuing professional or occupational
30  ability;
31
                                  3
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 1999                HB 2017
    190-947C-99
  1         (c)  Whether the regulation will have an unreasonable
  2  effect on job creation or job retention in the state or will
  3  place unreasonable restrictions on the ability of individuals
  4  who seek to practice or who are practicing a given profession
  5  or occupation to find employment;
  6         (d)(c)  Whether the public is or can be effectively
  7  protected by other means; and
  8         (e)(d)  Whether the overall cost-effectiveness and
  9  economic impact of the proposed regulation, including the
10  indirect costs to consumers, will be favorable.
11         (4)  The proponents of legislation that provides for
12  the regulation of a profession or occupation not already
13  expressly subject to state regulation shall provide, upon
14  request, the following information in writing to the state
15  agency that is proposed to have jurisdiction over the
16  regulation and to the legislative committees to which the
17  legislation is referred:
18         (a)  The number of individuals or businesses that would
19  be subject to the regulation;
20         (b)  The name of each association that represents
21  members of the profession or occupation, together with a copy
22  of its codes of ethics or conduct;
23         (c)  Documentation of the nature and extent of the harm
24  to the public caused by the unregulated practice of the
25  profession or occupation, including a description of any
26  complaints that have been lodged against persons who have
27  practiced the profession or occupation in this state during
28  the preceding 3 years;
29         (d)  A list of states that regulate the profession or
30  occupation, and the dates of enactment of each law providing
31  for such regulation and a copy of each law;
                                  4
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 1999                HB 2017
    190-947C-99
  1         (e)  A list and description of state and federal laws
  2  that have been enacted to protect the public with respect to
  3  the profession or occupation and a statement of the reasons
  4  why these laws have not proven adequate to protect the public;
  5         (f)  A description of the voluntary efforts made by
  6  members of the profession or occupation to protect the public
  7  and a statement of the reasons why these efforts are not
  8  adequate to protect the public;
  9         (g)  A copy of any federal legislation mandating
10  regulation;
11         (h)  An explanation of the reasons why other types of
12  less restrictive regulation would not effectively protect the
13  public;
14         (i)  The cost, availability, and appropriateness of
15  training and examination requirements;
16         (j)(i)  The cost of regulation, including the indirect
17  cost to consumers, and the method proposed to finance the
18  regulation;
19         (k)  The cost imposed on applicants or practitioners or
20  on employers of applicants or practitioners as a result of the
21  regulation;
22         (l)(j)  The details of any previous efforts in this
23  state to implement regulation of the profession or occupation;
24  and
25         (m)(k)  Any other information the agency or the
26  committee considers relevant to the analysis of the proposed
27  legislation.
28         Section 2.  Subsection (4) of section 455.201, Florida
29  Statutes, is amended to read:
30         455.201  Professions and occupations regulated by
31  department; legislative intent; requirements.--
                                  5
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 1999                HB 2017
    190-947C-99
  1         (4)(a)  Neither the department nor any board may No
  2  board, nor the department, shall create unreasonably
  3  restrictive and extraordinary standards that deter qualified
  4  persons from entering the various professions. Neither the
  5  department nor any board may No board, nor the department,
  6  shall take any action that which tends to create or maintain
  7  an economic condition that unreasonably restricts competition,
  8  except as specifically provided by law.
  9         (b)  Neither the department nor any board may create a
10  regulation that has an unreasonable effect on job creation or
11  job retention in the state or that places unreasonable
12  restrictions on the ability of individuals who seek to
13  practice or who are practicing a given profession or
14  occupation to find employment.
15         (c)  The Legislature shall evaluate proposals to
16  increase regulation of already regulated professions or
17  occupations to determine their effect on job creation or
18  retention and employment opportunities.
19         Section 3.  Subsection (4) of section 455.517, Florida
20  Statutes, is amended to read:
21         455.517  Professions and occupations regulated by
22  department; legislative intent; requirements.--
23         (4)(a)  Neither the department nor any board may No
24  board, nor the department, shall create unreasonably
25  restrictive and extraordinary standards that deter qualified
26  persons from entering the various professions. Neither the
27  department nor any board may No board, nor the department,
28  shall take any action that which tends to create or maintain
29  an economic condition that unreasonably restricts competition,
30  except as specifically provided by law.
31
                                  6
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 1999                HB 2017
    190-947C-99
  1         (b)  Neither the department nor any board may create a
  2  regulation that has an unreasonable effect on job creation or
  3  job retention in the state or that places unreasonable
  4  restrictions on the ability of individuals who seek to
  5  practice or who are practicing a profession or occupation to
  6  find employment.
  7         (c)  The Legislature shall evaluate proposals to
  8  increase the regulation of regulated professions or
  9  occupations to determine the effect of increased regulation on
10  job creation or retention and employment opportunities.
11         Section 4.  Section 455.2035, Florida Statutes, is
12  created to read:
13         455.2035  Rulemaking authority for professions not
14  under a board.--The department may adopt rules pursuant to ss.
15  120.54 and 120.536(1) to implement the regulatory requirements
16  of any profession within the department's jurisdiction which
17  does not have a statutorily authorized regulatory board.
18         Section 5.  Section 455.2123, Florida Statutes, is
19  created to read:
20         455.2123  Continuing education.--A board, or the
21  department when there is no board, may provide by rule that
22  distance learning may be used to satisfy continuing education
23  requirements.
24         Section 6.  Section 455.2124, Florida Statutes, is
25  created to read:
26         455.2124  Proration of continuing education.--A board,
27  or the department when there is no board, may:
28         (1)  Prorate continuing education for new licensees by
29  requiring half of the required continuing education for any
30  applicant who becomes licensed with more than half the renewal
31  period remaining and no continuing education for any applicant
                                  7
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 1999                HB 2017
    190-947C-99
  1  who becomes licensed with half or less than half of the
  2  renewal period remaining; or
  3         (2)  Require no continuing education until the first
  4  full renewal cycle of the licensee.
  5
  6  These options shall also apply when continuing education is
  7  first required or the number of hours required is increased by
  8  law or the board, or the department when there is no board.
  9         Section 7.  Subsection (10) is added to section
10  455.213, Florida Statutes, 1998 Supplement, to read:
11         455.213  General licensing provisions.--
12         (10)  For any profession requiring fingerprints as part
13  of the registration, certification, or licensure process or
14  for any profession requiring a criminal history record check
15  to determine good moral character, a fingerprint card
16  containing the fingerprints of the applicant must accompany
17  all applications for registration, certification, or
18  licensure. The fingerprint card shall be forwarded to the
19  Division of Criminal Justice Information Systems within the
20  Department of Law Enforcement for purposes of processing the
21  fingerprint card to determine if the applicant has a criminal
22  history record. The fingerprint card shall also be forwarded
23  to the Federal Bureau of Investigation for purposes of
24  processing the fingerprint card to determine if the applicant
25  has a criminal history record. The information obtained by the
26  processing of the fingerprint card by the Florida Department
27  of Law Enforcement and the Federal Bureau of Investigation
28  shall be sent to the department for the purpose of determining
29  if the applicant is statutorily qualified for registration,
30  certification, or licensure.
31
                                  8
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 1999                HB 2017
    190-947C-99
  1         Section 8.  Paragraph (e) of subsection (2) of section
  2  468.453, Florida Statutes, 1998 Supplement, is amended to
  3  read:
  4         468.453  Licensure required; qualifications;
  5  examination; bond.--
  6         (2)  A person shall be licensed as an athlete agent if
  7  the applicant:
  8         (e)  Has provided sufficient information which must be
  9  submitted to by the department a fingerprint card for a
10  criminal history records check through the Federal Bureau of
11  Investigation. The fingerprint card shall be forwarded to the
12  Division of Criminal Justice Information Systems within the
13  Department of Law Enforcement for purposes of processing the
14  fingerprint card to determine if the applicant has a criminal
15  history record. The fingerprint card shall also be forwarded
16  to the Federal Bureau of Investigation for purposes of
17  processing the fingerprint card to determine if the applicant
18  has a criminal history record. The information obtained by the
19  processing of the fingerprint card by the Florida Department
20  of Law Enforcement and the Federal Bureau of Investigation
21  shall be sent to the department for the purpose of determining
22  if the applicant is statutorily qualified for licensure.
23         Section 9.  Paragraph (a) of subsection (1) of section
24  475.175, Florida Statutes, is amended to read:
25         475.175  Examinations.--
26         (1)  A person shall be entitled to take the license
27  examination to practice in this state if the person:
28         (a)  Submits to the department the appropriate
29  notarized application and fee, two photographs of herself or
30  himself taken within the preceding year, and a fingerprint
31  card. The fingerprint card shall be forwarded to the Division
                                  9
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 1999                HB 2017
    190-947C-99
  1  of Criminal Justice Information Systems within the Department
  2  of Law Enforcement for purposes of processing the fingerprint
  3  card to determine if the applicant has a criminal history
  4  record. The fingerprint card shall also be forwarded to the
  5  Federal Bureau of Investigation for purposes of processing the
  6  fingerprint card to determine if the applicant has a criminal
  7  history record. The information obtained by the processing of
  8  the fingerprint card by the Florida Department of Law
  9  Enforcement and the Federal Bureau of Investigation shall be
10  sent to the department for the purpose of determining if the
11  applicant is statutorily qualified for examination.
12  fingerprints for processing through appropriate law
13  enforcement agencies; and
14         Section 10.  Subsection (3) of section 475.615, Florida
15  Statutes, 1998 Supplement, is amended to read:
16         475.615  Qualifications for registration, licensure, or
17  certification.--
18         (3)  Appropriate fees, as set forth in the rules of the
19  board pursuant to s. 475.6147, and a fingerprint card
20  fingerprints for processing through appropriate law
21  enforcement agencies must accompany all applications for
22  registration, licensure, and certification, or licensure. The
23  fingerprint card shall be forwarded to the Division of
24  Criminal Justice Information Systems within the Department of
25  Law Enforcement for purposes of processing the fingerprint
26  card to determine if the applicant has a criminal history
27  record. The fingerprint card shall also be forwarded to the
28  Federal Bureau of Investigation for purposes of processing the
29  fingerprint card to determine if the applicant has a criminal
30  history record. The information obtained by the processing of
31  the fingerprint card by the Florida Department of Law
                                  10
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 1999                HB 2017
    190-947C-99
  1  Enforcement and the Federal Bureau of Investigation shall be
  2  sent to the department for the purpose of determining if the
  3  applicant is statutorily qualified for registration,
  4  certification, or licensure.
  5         Section 11.  Subsection (4) of section 455.225, Florida
  6  Statutes, 1998 Supplement, is amended to read:
  7         455.225  Disciplinary proceedings.--Disciplinary
  8  proceedings for each board shall be within the jurisdiction of
  9  the department.
10         (4)  The determination as to whether probable cause
11  exists shall be made by majority vote of a probable cause
12  panel of the board, or by the department, as appropriate. Each
13  regulatory board shall provide by rule that the determination
14  of probable cause shall be made by a panel of its members or
15  by the department. Each board may provide by rule for multiple
16  probable cause panels composed of at least two members. Each
17  board may provide by rule that one or more members of the
18  panel or panels may be a former board member. The length of
19  term or repetition of service of any such former board member
20  on a probable cause panel may vary according to the direction
21  of the board when authorized by board rule. Any probable cause
22  panel must include one of the board's former or present
23  consumer members, if one is available, willing to serve, and
24  is authorized to do so by the board chair. Any probable cause
25  panel must include a present board member. Any probable cause
26  panel must include a former or present professional board
27  member. However, any former professional board member serving
28  on the probable cause panel must hold an active valid license
29  for that profession. All proceedings of the panel are exempt
30  from s. 286.011 until 10 days after probable cause has been
31  found to exist by the panel or until the subject of the
                                  11
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 1999                HB 2017
    190-947C-99
  1  investigation waives his or her privilege of confidentiality.
  2  The probable cause panel may make a reasonable request for,
  3  and upon such request the department shall provide, such
  4  additional investigative information as is necessary to the
  5  determination of probable cause. A request for additional
  6  investigative information shall be made within 15 days from
  7  the date of receipt by the probable cause panel of the
  8  investigative report of the department. The probable cause
  9  panel or the department, as may be appropriate, shall make its
10  determination of probable cause within 30 days after receipt
11  by it of the final investigative report of the department. The
12  secretary may grant extensions of the 15-day and the 30-day
13  time limits. In lieu of a finding of probable cause, the
14  probable cause panel, or the department when there is no
15  board, may issue a letter of guidance to the subject. If,
16  within the 30-day time limit, as may be extended, the probable
17  cause panel does not make a determination regarding the
18  existence of probable cause or does not issue a letter of
19  guidance in lieu of a finding of probable cause, the
20  department, for disciplinary cases under its jurisdiction,
21  must make a determination regarding the existence of probable
22  cause within 10 days after the expiration of the time limit.
23  If the probable cause panel finds no probable cause, the
24  department within 10 days after that finding may petition for
25  a determination of the existence of probable cause pursuant to
26  s. 120.574. Information obtained by the department in such
27  actions shall be held confidential as provided in subsection
28  (10). The administrative law judge's order shall constitute
29  final action with respect to the existence of probable cause.
30  If the probable cause panel finds that probable cause exists,
31  it shall direct the department to file a formal complaint
                                  12
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 1999                HB 2017
    190-947C-99
  1  against the licensee. The department shall follow the
  2  directions of the probable cause panel regarding the filing of
  3  a formal complaint. If directed to do so, the department shall
  4  file a formal complaint against the subject of the
  5  investigation and prosecute that complaint pursuant to chapter
  6  120. However, the department may decide not to prosecute the
  7  complaint if it finds that probable cause had been
  8  improvidently found by the panel. In such cases, the
  9  department shall refer the matter to the board. The board may
10  then file a formal complaint and prosecute the complaint
11  pursuant to chapter 120. The department shall also refer to
12  the board any investigation or disciplinary proceeding not
13  before the Division of Administrative Hearings pursuant to
14  chapter 120 or otherwise completed by the department within 1
15  year after the filing of a complaint. The department, for
16  disciplinary cases under its jurisdiction, must establish a
17  uniform reporting system to quarterly refer to each board the
18  status of any investigation or disciplinary proceeding that is
19  not before the Division of Administrative Hearings or
20  otherwise completed by the department within 1 year after the
21  filing of the complaint. A probable cause panel or a board may
22  retain independent legal counsel, employ investigators, and
23  continue the investigation as it deems necessary; all costs
24  thereof shall be paid from the Professional Regulation Trust
25  Fund. All proceedings of the probable cause panel are exempt
26  from s. 120.525.
27         Section 12.  Subsection (3) of section 455.227, Florida
28  Statutes, is amended to read:
29         455.227  Grounds for discipline; penalties;
30  enforcement.--
31
                                  13
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 1999                HB 2017
    190-947C-99
  1         (3)(a)  In addition to any other discipline imposed
  2  pursuant to this section or discipline imposed for a violation
  3  of any practice act, the board, or the department when there
  4  is no board, may assess costs related to the investigation and
  5  prosecution of the case excluding costs associated with an
  6  attorney's time.
  7         (b)  In any case where the board or the department
  8  imposes a fine or assessment and the fine or assessment is not
  9  paid within a reasonable time, such reasonable time to be
10  prescribed in the rules of the board, or the department when
11  there is no board, or in the order assessing such fines or
12  costs, the department or the Department of Legal Affairs may
13  contract for the collection of, or bring a civil action to
14  recover, the fine or assessment.
15         (c)  The department shall not issue or renew a license
16  to any person against whom or business against which the board
17  has assessed a fine, interest, or costs associated with
18  investigation and prosecution until the person or business has
19  paid in full such fine, interest, or costs associated with
20  investigation and prosecution or until the person or business
21  complies with or satisfies all terms and conditions of the
22  final order.
23         Section 13.  Subsection (4) of section 477.013, Florida
24  Statutes, 1998 Supplement, is amended, and subsections (12)
25  and (13) are added to said section, to read:
26         477.013  Definitions.--As used in this chapter:
27         (4)  "Cosmetology" means the mechanical or chemical
28  treatment of the head, face, and scalp for aesthetic rather
29  than medical purposes, including, but not limited to, hair
30  shampooing, hair cutting, hair arranging, hair coloring,
31  permanent waving, hair relaxing, hair removing including wax
                                  14
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 1999                HB 2017
    190-947C-99
  1  treatments of body hair, pedicuring, and manicuring, for
  2  compensation.
  3         (12)  "Body wrapping" means a treatment program which
  4  uses herbal wraps for the purposes of weight loss and of
  5  cleansing and beautifying the skin of the body, but does not
  6  include any other service defined as cosmetology in this
  7  chapter.
  8         (13)  "Skin care services" means the treatment of the
  9  skin of the body, other than the head, face, and scalp, by the
10  use of a sponge, brush, cloth, or similar device to apply or
11  remove a chemical preparation or other substance, except that
12  chemical peels may be removed by the hands peeling the
13  substance from the skin. Skin care services must be performed
14  within a licensed cosmetology salon, and such services shall
15  not involve massage, as defined in s. 480.033(3), through
16  manipulation of the superficial tissue.
17         Section 14.  Section 477.0132, Florida Statutes, 1998
18  Supplement, is amended to read:
19         477.0132  Hair braiding, and hair wrapping, and body
20  wrapping registration.--
21         (1)(a)  Persons whose occupation or practice is
22  confined solely to hair braiding must register with the
23  department, pay the applicable registration fee, and take a
24  two-day 16-hour course. The course shall be board approved and
25  consist of 5 hours of HIV/AIDS and other communicable
26  diseases, 5 hours of sanitation and sterilization, 4 hours of
27  disorders and diseases of the scalp, and 2 hours of studies
28  regarding laws affecting hair braiding.
29         (b)  Persons whose occupation or practice is confined
30  solely to hair wrapping must register with the department, pay
31  the applicable registration fee, and take a one-day 6-hour
                                  15
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 1999                HB 2017
    190-947C-99
  1  course. The course shall be board approved and consist of
  2  education in HIV/AIDS and other communicable diseases,
  3  sanitation and sterilization, disorders and diseases of the
  4  scalp, and studies regarding laws affecting hair wrapping.
  5         (c)  Unless otherwise licensed or exempted from
  6  licensure under this chapter, any person whose occupation or
  7  practice is body wrapping must register with the department,
  8  pay the applicable registration fee, and take a two-day
  9  12-hour course. The course shall be board approved and consist
10  of education in HIV/AIDS and other communicable diseases,
11  sanitation and sterilization, disorders and diseases of the
12  skin, and studies regarding laws affecting body wrapping.
13         (2)  Hair braiding, and hair wrapping, and body
14  wrapping are not required to be practiced in a cosmetology
15  salon or specialty salon. When hair braiding, or hair
16  wrapping, or body wrapping is practiced outside a cosmetology
17  salon or specialty salon, disposable implements must be used
18  or all implements must be sanitized in a disinfectant approved
19  for hospital use or approved by the federal Environmental
20  Protection Agency.
21         (3)  Pending issuance of registration, a person is
22  eligible to practice hair braiding, or hair wrapping, or body
23  wrapping upon submission of a registration application that
24  includes proof of successful completion of the education
25  requirements and payment of the applicable fees required by
26  this chapter.
27         Section 15.  Paragraph (c) of subsection (7) of section
28  477.019, Florida Statutes, 1998 Supplement, is amended to
29  read:
30
31
                                  16
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 1999                HB 2017
    190-947C-99
  1         477.019  Cosmetologists; qualifications; licensure;
  2  supervised practice; license renewal; endorsement; continuing
  3  education.--
  4         (7)
  5         (c)  Any person whose occupation or practice is
  6  confined solely to hair braiding, or hair wrapping, or body
  7  wrapping is exempt from the continuing education requirements
  8  of this subsection.
  9         Section 16.  Paragraph (f) of subsection (1) of section
10  477.026, Florida Statutes, 1998 Supplement, is amended to
11  read:
12         477.026  Fees; disposition.--
13         (1)  The board shall set fees according to the
14  following schedule:
15         (f)  For hair braiders, and hair wrappers, and body
16  wrappers, fees for registration shall not exceed $25.
17         Section 17.  Paragraph (g) is added to subsection (1)
18  of section 477.0265, Florida Statutes, to read:
19         477.0265  Prohibited acts.--
20         (1)  It is unlawful for any person to:
21         (g)  Advertise or imply that skin care services, as
22  performed under this chapter, have any relationship to the
23  practice of massage therapy as defined in s. 480.033(3),
24  except those practices or activities defined in s. 477.013.
25         Section 18.  Paragraph (a) of subsection (1) of section
26  477.029, Florida Statutes, 1998 Supplement, is amended to
27  read:
28         477.029  Penalty.--
29         (1)  It is unlawful for any person to:
30         (a)  Hold himself or herself out as a cosmetologist,
31  specialist, hair wrapper, or hair braider, or body wrapper
                                  17
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 1999                HB 2017
    190-947C-99
  1  unless duly licensed or registered, or otherwise authorized,
  2  as provided in this chapter.
  3         Section 19.  This act shall take effect July 1, 1999.
  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
29
30
31
                                  18
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 1999                HB 2017
    190-947C-99
  1            *****************************************
  2                          HOUSE SUMMARY
  3
      Provides criteria for evaluating proposals for new
  4    regulation of a profession or occupation based on the
      effect of such regulation on job creation or retention.
  5    Requires proponents of legislation to regulate a
      profession or occupation not already regulated to provide
  6    additional cost information. Prohibits the Department of
      Business and Professional Regulation and the Department
  7    of Health and their regulatory boards from creating any
      regulation that has an unreasonable effect on job
  8    creation or retention or on employment opportunities.
      Provides for evaluation of proposals to increase the
  9    regulation of already regulated professions to determine
      the effect of such regulation on job creation or
10    retention and employment opportunities.
11
      Amends and creates various provisions relating to
12    regulation of professions under the Department of
      Business and Professional Regulation. Provides rulemaking
13    authority to the department for the regulation of any
      profession under its jurisdiction which does not have a
14    regulatory board. Authorizes the use of distance learning
      to satisfy continuing education requirements, and
15    provides for proration of continuing education
      requirements. Requires fingerprint cards with
16    applications for registration, certification, or
      licensure in certain professions, and provides for use of
17    such cards for criminal history record checks of
      applicants. Applies such fingerprint card requirements to
18    applicants for licensure as an athlete agent, persons
      applying to take the examination for licensure as a real
19    estate broker or salesperson, and applicants for
      registration, certification, or licensure as a real
20    estate appraiser. Authorizes the department to petition
      for a summary hearing on the existence of probable cause,
21    after a finding of no probable cause by the probable
      cause panel. Provides for denial of issuance or renewal
22    of licensure until all fines, interest, and costs
      assessed have been paid or the final order otherwise
23    satisfied.
24
      Defines the term "body wrapping." Requires registration
25    of persons whose occupation or practice is body wrapping.
      Requires a registration fee and certain education.
26    Exempts persons whose occupation or practice is confined
      solely to body wrapping from certain continuing education
27    requirements. Prohibits holding oneself out as a body
      wrapper unless licensed, registered, or otherwise
28    authorized under chapter 477, F.S., and provides
      penalties therefor.
29
30    Defines the term "skin care services" and requires such
      services to be performed in a licensed cosmetology salon.
31    Prohibits advertising or implying that skin care services
      have any relationship to the practice of massage therapy
                                  19
CODING: Words stricken are deletions; words underlined are additions.
    Florida House of Representatives - 1999                HB 2017
    190-947C-99
  1    and provides penalties therefor.
  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
29
30
31
                                  20