| 1 | A bill to be entitled |
| 2 | An act relating to barbering and cosmetology |
| 3 | apprenticeship; amending s. 476.034, F.S.; defining the |
| 4 | terms "apprentice" and "apprenticeship program"; amending |
| 5 | s. 476.144, F.S.; providing for the registration of barber |
| 6 | apprentices; requiring sponsorship by a licensed barber; |
| 7 | requiring sponsor registration; requiring certain notice |
| 8 | to the public; creating s. 476.190, F.S.; providing |
| 9 | requirements for apprenticeship training, including |
| 10 | minimum standards and requirements, written agreements, |
| 11 | sponsorship requirements and restrictions, and reporting; |
| 12 | providing rulemaking authority; creating s. 476.191, F.S.; |
| 13 | providing duties of the Barbers' Board with respect to |
| 14 | apprenticeship programs, including rulemaking to implement |
| 15 | and administer regulation of such programs; amending s. |
| 16 | 476.192, F.S.; providing fees for apprentices and |
| 17 | apprentice sponsors; amending s. 476.194, F.S.; |
| 18 | prohibiting certain acts by or involving an apprentice; |
| 19 | providing penalties; amending s. 477.013, F.S.; defining |
| 20 | the terms "cosmetology apprentice" and "cosmetology |
| 21 | apprenticeship program"; amending s. 477.019, F.S.; |
| 22 | providing for the registration of cosmetology apprentices; |
| 23 | requiring sponsorship by a licensed cosmetologist; |
| 24 | requiring sponsor registration; requiring certain notice |
| 25 | to the public; amending s. 477.0201, F.S.; removing a |
| 26 | cross reference; creating s. 477.0251, F.S.; providing |
| 27 | requirements for apprenticeship training, including |
| 28 | minimum standards and requirements, written agreements, |
| 29 | sponsorship requirements and restrictions, and reporting; |
| 30 | creating s. 477.0252, F.S.; providing duties of the Board |
| 31 | of Cosmetology with respect to cosmetology apprenticeship |
| 32 | programs, including rulemaking to implement and administer |
| 33 | regulation of such programs; amending s. 477.026, F.S.; |
| 34 | providing fees for cosmetology apprentices and cosmetology |
| 35 | apprentice sponsors; amending ss. 477.0265 and 477.029, |
| 36 | F.S.; prohibiting certain acts by a cosmetology |
| 37 | apprentice; providing penalties; providing an effective |
| 38 | date. |
| 39 |
|
| 40 | Be It Enacted by the Legislature of the State of Florida: |
| 41 |
|
| 42 | Section 1. Section 476.034, Florida Statutes, is amended |
| 43 | to read: |
| 44 | 476.034 Definitions.--As used in this act: |
| 45 | (1) "Apprentice" means a person who is engaged in learning |
| 46 | the practice of barbering through actual work experience under |
| 47 | the supervision of a licensed barber. |
| 48 | (2) "Apprenticeship program" means an organized system of |
| 49 | instruction, registered and approved by the board, which shall |
| 50 | contain terms and conditions for the qualifications, |
| 51 | recruitment, selection, employment, and training of a barber |
| 52 | apprentice. |
| 53 | (3)(1) "Barber" means a person who is licensed to engage |
| 54 | in the practice of barbering in this state under the authority |
| 55 | of this chapter. |
| 56 | (4)(2) "Barbering" means any of the following practices |
| 57 | when done for remuneration and for the public, but not when done |
| 58 | for the treatment of disease or physical or mental ailments: |
| 59 | shaving, cutting, trimming, coloring, shampooing, arranging, |
| 60 | dressing, curling, or waving the hair or beard or applying oils, |
| 61 | creams, lotions, or other preparations to the face, scalp, or |
| 62 | neck, either by hand or by mechanical appliances. |
| 63 | (5)(3) "Barbershop" means any place of business wherein |
| 64 | the practice of barbering is carried on. |
| 65 | (6)(4) "Board" means the Barbers' Board. |
| 66 | (7)(5) "Department" means the Department of Business and |
| 67 | Professional Regulation. |
| 68 | Section 2. Section 476.144, Florida Statutes, is amended |
| 69 | to read: |
| 70 | 476.144 Licensure.-- |
| 71 | (1) The department shall license any applicant who the |
| 72 | board certifies is qualified to practice barbering in this |
| 73 | state. |
| 74 | (2) The board shall certify for licensure any applicant |
| 75 | who satisfies the requirements of s. 476.114, and who passes the |
| 76 | required examination, achieving a passing grade as established |
| 77 | by board rule. |
| 78 | (3) Upon an applicant passing the examination and paying |
| 79 | the initial licensing fee, the department shall issue a license. |
| 80 | (4) The department shall keep a record relating to the |
| 81 | issuance, refusal, and renewal of licenses. Such record shall |
| 82 | contain the name, place of business, and residence of each |
| 83 | licensed barber and the date and number of her or his license. |
| 84 | (5) The board shall adopt rules specifying procedures for |
| 85 | the licensure by endorsement of practitioners desiring to be |
| 86 | licensed in this state who hold a current active license in |
| 87 | another state or country and who have met qualifications |
| 88 | substantially similar to, equivalent to, or greater than the |
| 89 | qualifications required of applicants from this state. |
| 90 | (6) The board shall by rule specify the procedures for the |
| 91 | registration of barber apprentices. Each apprentice application |
| 92 | and registration shall name a licensed barber who has agreed to |
| 93 | serve as the sponsor of the apprentice and is registered as an |
| 94 | apprentice sponsor with the board. An apprentice may not |
| 95 | conduct, or contract to conduct, barbering services without the |
| 96 | express approval of his or her sponsor. The sponsor may not |
| 97 | allow barbering services to be performed unless the apprentice |
| 98 | clearly informs the public that he or she is not a licensed |
| 99 | barber but is conducting services as an apprentice under the |
| 100 | direct supervision of a licensed barber, or his or her designee, |
| 101 | who is sponsoring the apprentice. |
| 102 | (7) A barber may not sponsor an apprentice unless the |
| 103 | barber is registered as an apprentice sponsor by the board. Each |
| 104 | application for registration shall include the names of the |
| 105 | barbershop and its owner, the business mailing address and |
| 106 | location, and any other information the board may require. The |
| 107 | sponsor shall report to the board within 30 days after any |
| 108 | change in this required information. |
| 109 | (8)(6) A person may apply for a restricted license to |
| 110 | practice barbering. The board shall adopt rules specifying |
| 111 | procedures for an applicant to obtain a restricted license if |
| 112 | the applicant: |
| 113 | (a)1. Has successfully completed a restricted barber |
| 114 | course, as established by rule of the board, at a school of |
| 115 | barbering licensed pursuant to chapter 1005, a barbering program |
| 116 | within the public school system, or a government-operated |
| 117 | barbering program in this state; or |
| 118 | 2.a. Holds or has within the previous 5 years held an |
| 119 | active valid license to practice barbering in another state or |
| 120 | country or has held a Florida barbering license which has been |
| 121 | declared null and void for failure to renew the license, and the |
| 122 | applicant fulfilled the requirements of s. 476.114(2)(c)2. for |
| 123 | initial licensure; and |
| 124 | b. Has not been disciplined relating to the practice of |
| 125 | barbering in the previous 5 years; and |
| 126 | (b) Passes a written examination on the laws and rules |
| 127 | governing the practice of barbering in Florida, as established |
| 128 | by the board, and a practical examination approved by the board. |
| 129 |
|
| 130 | The restricted license shall limit the licensee's practice to |
| 131 | those specific areas in which the applicant has demonstrated |
| 132 | competence pursuant to rules adopted by the board. |
| 133 | (9)(7) Pending results of the first licensing examination |
| 134 | taken and upon submission of an application for licensure that |
| 135 | includes proof of successful completion of the educational |
| 136 | requirements specified in this chapter and payment of the |
| 137 | applicable licensure fees, a person is eligible to practice as a |
| 138 | barber, provided such person practices under the supervision of |
| 139 | a licensed barber in a licensed barbershop. A person who fails |
| 140 | the examination may continue to practice under the supervision |
| 141 | of a licensed barber in a licensed barbershop, provided the |
| 142 | person applies for the next available examination, and may |
| 143 | continue such practice until receipt of the results of that |
| 144 | second examination are received by the person. No person may |
| 145 | continue to practice as a barber under this subsection upon |
| 146 | failure to pass the examination on the second attempt. |
| 147 | Section 3. Section 476.190, Florida Statutes, is created |
| 148 | to read: |
| 149 | 476.190 Apprenticeship training.-- |
| 150 | (1) The board shall establish uniform minimum standards |
| 151 | and requirements governing apprenticeship programs, apprentice |
| 152 | sponsors, and apprentice agreements. Such standards and |
| 153 | requirements shall govern the terms and conditions of the |
| 154 | apprentice's employment and training, including the quality of |
| 155 | the training of the apprentice with respect to, but not limited |
| 156 | to, such matters as operation of a barbershop; health, safety, |
| 157 | and sanitary requirements; and licensure requirements. |
| 158 | (2) Training should be combined with properly coordinated |
| 159 | studies of related technical and supplementary subjects. |
| 160 | (3) An apprentice must enter into a written agreement, |
| 161 | hereinafter called an apprentice agreement, with a registered |
| 162 | barber apprentice sponsor who may be either an employer who is a |
| 163 | licensed barber or an association of employers who are licensed |
| 164 | barbers. |
| 165 | (4) A barber may not sponsor more than three apprentices |
| 166 | at one time. Any barber who serves as a sponsor must have held |
| 167 | an active, valid barber license for 3 consecutive years |
| 168 | preceding the date on which that barber is named as sponsor of |
| 169 | the apprentice. |
| 170 | (5) A barber who undertakes the sponsorship of an |
| 171 | apprentice shall ensure that the apprentice receives training as |
| 172 | required by board rule. |
| 173 | (6) An apprentice is prohibited from conducting barbering |
| 174 | services without the prior express written consent of the |
| 175 | sponsor. The apprentice's sponsor must be present at a licensed |
| 176 | barbershop at any time the apprentice is participating in the |
| 177 | conduct of barbering. If the apprentice's sponsor cannot attend |
| 178 | while an apprentice is performing barbering services, the |
| 179 | sponsor may appoint a qualified barber who meets the |
| 180 | requirements of board rules to be present and supervise the |
| 181 | apprentice at a licensed barbershop in place of the sponsor. |
| 182 | Prior written consent must be given by the apprentice's sponsor |
| 183 | for each substitution. |
| 184 | (7) Each apprentice and sponsor shall file reports as |
| 185 | required by board rule. |
| 186 | (8) A sponsor may not authorize an apprentice to conduct |
| 187 | barbering services unless the sponsor has determined that the |
| 188 | apprentice has received adequate training to do so. |
| 189 | (9) The sponsor shall be responsible for any acts or |
| 190 | omissions of the apprentice which constitute a violation of law |
| 191 | in relation to the conduct of barbering. |
| 192 | (10) Any registered apprentice who wishes to change the |
| 193 | sponsor under whom he or she is registered must submit a new |
| 194 | application. However, a new registration fee shall not be |
| 195 | required. |
| 196 | (11) The board may adopt rules necessary to establish the |
| 197 | standards and requirements of this section. |
| 198 | Section 4. Section 476.191, Florida Statutes, is created |
| 199 | to read: |
| 200 | 476.191 Apprenticeship program; duties of the board.--The |
| 201 | board shall: |
| 202 | (1) Administer the provisions of this chapter relating to |
| 203 | apprentices, apprentice sponsors, and apprenticeship programs. |
| 204 | (2) Administer the standards and requirements that are |
| 205 | established. |
| 206 | (3) Register in accordance with this chapter any |
| 207 | apprentice, apprentice sponsor, and apprenticeship program which |
| 208 | meets standards established by the board. |
| 209 | (4) Investigate complaints concerning the failure of any |
| 210 | registered apprenticeship program to meet the standards |
| 211 | established by the board. |
| 212 | (5) Cancel the registration of any apprentice sponsor or |
| 213 | apprenticeship program that fails to comply with the standards |
| 214 | and requirements or that unreasonably fails or refuses to |
| 215 | cooperate with the board in monitoring and enforcing compliance |
| 216 | with such standards and requirements. |
| 217 | (6) Develop and encourage apprenticeship programs. |
| 218 | (7) Cooperate with and assist local apprentice sponsors in |
| 219 | the development of apprenticeship standards and training |
| 220 | requirements. |
| 221 | (8) Monitor registered apprenticeship programs to ensure |
| 222 | that they are being operated in compliance with all applicable |
| 223 | standards and requirements. |
| 224 | (9) Supervise apprenticeship programs that are registered |
| 225 | with the board. |
| 226 | (10) Ensure that minority and gender diversity are |
| 227 | considered in administering its regulation of apprenticeship |
| 228 | programs. |
| 229 | (11) Adopt rules necessary to implement and administer |
| 230 | regulation of apprenticeship programs. |
| 231 | Section 5. Paragraphs (e) and (f) are added to subsection |
| 232 | (1) of section 476.192, Florida Statutes, to read: |
| 233 | 476.192 Fees; disposition.-- |
| 234 | (1) The board shall set by rule fees according to the |
| 235 | following schedule: |
| 236 | (e) For apprentices, a fee not to exceed $50. |
| 237 | (f) For apprentice sponsors, a fee not to exceed $50. |
| 238 | Section 6. Section 476.194, Florida Statutes, is amended |
| 239 | to read: |
| 240 | 476.194 Prohibited acts.-- |
| 241 | (1) It is unlawful for any person to: |
| 242 | (a) Engage in the practice of barbering without an active |
| 243 | license as a barber or registration as an apprentice issued |
| 244 | pursuant to the provisions of this act by the department. |
| 245 | (b) Engage in willful or repeated violations of this act |
| 246 | or of any of the rules adopted by the board. |
| 247 | (c) Hire or employ any person to engage in the practice of |
| 248 | barbering unless such person holds a valid license as a barber |
| 249 | or a registration as an apprentice. |
| 250 | (d) Obtain or attempt to obtain a license for money other |
| 251 | than the required fee or any other thing of value or by |
| 252 | fraudulent misrepresentations. |
| 253 | (e) Own, operate, maintain, open, establish, conduct, or |
| 254 | have charge of, either alone or with another person or persons, |
| 255 | a barbershop: |
| 256 | 1. Which is not licensed under the provisions of this |
| 257 | chapter; or |
| 258 | 2. In which a person not licensed as a barber or |
| 259 | registered as an apprentice is permitted to perform services. |
| 260 | (f) Use or attempt to use a license to practice barbering |
| 261 | when said license is suspended or revoked. |
| 262 | (2) Any person who violates any provision of this section |
| 263 | commits is guilty of a misdemeanor of the second degree, |
| 264 | punishable as provided in s. 775.082 or s. 775.083. |
| 265 | Section 7. Section 477.013, Florida Statutes, is amended |
| 266 | to read: |
| 267 | 477.013 Definitions.--As used in this chapter: |
| 268 | (1) "Board" means the Board of Cosmetology. |
| 269 | (2)(12) "Body wrapping" means a treatment program that |
| 270 | uses herbal wraps for the purposes of cleansing and beautifying |
| 271 | the skin of the body, but does not include: |
| 272 | (a) The application of oils, lotions, or other fluids to |
| 273 | the body, except fluids contained in presoaked materials used in |
| 274 | the wraps; or |
| 275 | (b) Manipulation of the body's superficial tissue, other |
| 276 | than that arising from compression emanating from the wrap |
| 277 | materials. |
| 278 | (3) "Cosmetologist" means a person who is licensed to |
| 279 | engage in the practice of cosmetology in this state under the |
| 280 | authority of this chapter. |
| 281 | (4) "Cosmetology" means the mechanical or chemical |
| 282 | treatment of the head, face, and scalp for aesthetic rather than |
| 283 | medical purposes, including, but not limited to, hair |
| 284 | shampooing, hair cutting, hair arranging, hair coloring, |
| 285 | permanent waving, and hair relaxing for compensation. This term |
| 286 | also includes performing hair removal, including wax treatments, |
| 287 | manicures, pedicures, and skin care services. |
| 288 | (5) "Cosmetology apprentice" means a person who is engaged |
| 289 | in learning the practice of cosmetology through actual work |
| 290 | experience under the supervision of a licensed cosmetologist. |
| 291 | (6) "Cosmetology apprenticeship program" means an |
| 292 | organized system of instruction, registered and approved by the |
| 293 | board, which shall contain terms and conditions for the |
| 294 | qualifications, recruitment, selection, employment, and training |
| 295 | of a cosmetology apprentice. |
| 296 | (7)(2) "Department" means the Department of Business and |
| 297 | Professional Regulation. |
| 298 | (8)(9) "Hair braiding" means the weaving or interweaving |
| 299 | of natural human hair for compensation without cutting, |
| 300 | coloring, permanent waving, relaxing, removing, or chemical |
| 301 | treatment and does not include the use of hair extensions or |
| 302 | wefts. |
| 303 | (9)(10) "Hair wrapping" means the wrapping of manufactured |
| 304 | materials around a strand or strands of human hair, for |
| 305 | compensation, without cutting, coloring, permanent waving, |
| 306 | relaxing, removing, weaving, chemically treating, braiding, |
| 307 | using hair extensions, or performing any other service defined |
| 308 | as cosmetology. |
| 309 | (10)(11) "Photography studio salon" means an establishment |
| 310 | where the hair-arranging services and the application of |
| 311 | cosmetic products are performed solely for the purpose of |
| 312 | preparing the model or client for the photographic session |
| 313 | without shampooing, cutting, coloring, permanent waving, |
| 314 | relaxing, or removing of hair or performing any other service |
| 315 | defined as cosmetology. |
| 316 | (11)(7) "Shampooing" means the washing of the hair with |
| 317 | soap and water or with a special preparation, or applying hair |
| 318 | tonics. |
| 319 | (12)(13) "Skin care services" means the treatment of the |
| 320 | skin of the body, other than the head, face, and scalp, by the |
| 321 | use of a sponge, brush, cloth, or similar device to apply or |
| 322 | remove a chemical preparation or other substance, except that |
| 323 | chemical peels may be removed by peeling an applied preparation |
| 324 | from the skin by hand. Skin care services must be performed by a |
| 325 | licensed cosmetologist, registered cosmetology apprentice, or |
| 326 | facial specialist within a licensed cosmetology or specialty |
| 327 | salon, and such services may not involve massage, as defined in |
| 328 | s. 480.033(3), through manipulation of the superficial tissue. |
| 329 | (13)(5) "Specialist" means any person holding a specialty |
| 330 | registration in one or more of the specialties registered under |
| 331 | this chapter. |
| 332 | (14)(6) "Specialty" means the practice of one or more of |
| 333 | the following: |
| 334 | (a) Manicuring, or the cutting, polishing, tinting, |
| 335 | coloring, cleansing, adding, or extending of the nails, and |
| 336 | massaging of the hands. This term includes any procedure or |
| 337 | process for the affixing of artificial nails, except those nails |
| 338 | which may be applied solely by use of a simple adhesive. |
| 339 | (b) Pedicuring, or the shaping, polishing, tinting, or |
| 340 | cleansing of the nails of the feet, and massaging or beautifying |
| 341 | of the feet. |
| 342 | (c) Facials, or the massaging or treating of the face or |
| 343 | scalp with oils, creams, lotions, or other preparations, and |
| 344 | skin care services. |
| 345 | (15)(8) "Specialty salon" means any place of business |
| 346 | wherein the practice of one or all of the specialties as defined |
| 347 | in subsection (14) (6) are engaged in or carried on. |
| 348 | Section 8. Section 477.019, Florida Statutes, is amended |
| 349 | to read: |
| 350 | 477.019 Cosmetologists; qualifications; licensure; |
| 351 | supervised practice; license renewal; endorsement; continuing |
| 352 | education.-- |
| 353 | (1) A person desiring to be licensed as a cosmetologist |
| 354 | shall apply to the department for licensure. |
| 355 | (2) An applicant shall be eligible for licensure by |
| 356 | examination to practice cosmetology if the applicant: |
| 357 | (a) Is at least 16 years of age or has received a high |
| 358 | school diploma.; |
| 359 | (b) Pays the required application fee, which is not |
| 360 | refundable, and the required examination fee, which is |
| 361 | refundable if the applicant is determined to not be eligible for |
| 362 | licensure for any reason other than failure to successfully |
| 363 | complete the licensure examination.; and |
| 364 | (c)1. Is authorized to practice cosmetology in another |
| 365 | state or country, has been so authorized for at least 1 year, |
| 366 | and does not qualify for licensure by endorsement as provided |
| 367 | for in subsection (6); or |
| 368 | 2. Has received a minimum of 1,200 hours of training as |
| 369 | established by the board, which shall include, but shall not be |
| 370 | limited to, the equivalent of completion of services directly |
| 371 | related to the practice of cosmetology at one of the following: |
| 372 | a. A school of cosmetology licensed pursuant to chapter |
| 373 | 1005. |
| 374 | b. A cosmetology program within the public school system. |
| 375 | c. The Cosmetology Division of the Florida School for the |
| 376 | Deaf and the Blind, provided the division meets the standards of |
| 377 | this chapter. |
| 378 | d. A government-operated cosmetology program in this |
| 379 | state. |
| 380 |
|
| 381 | The board shall establish by rule procedures whereby the school |
| 382 | or program may certify that a person is qualified to take the |
| 383 | required examination after the completion of a minimum of 1,000 |
| 384 | actual school hours. If the person then passes the examination, |
| 385 | he or she shall have satisfied this requirement; but if the |
| 386 | person fails the examination, he or she shall not be qualified |
| 387 | to take the examination again until the completion of the full |
| 388 | requirements provided by this section. |
| 389 | (3) Upon an applicant receiving a passing grade, as |
| 390 | established by board rule, on the examination and paying the |
| 391 | initial licensing fee, the department shall issue a license to |
| 392 | practice cosmetology. |
| 393 | (4) Following the completion of the first licensing |
| 394 | examination and pending the results of that examination and |
| 395 | issuance of a license to practice cosmetology, graduates of |
| 396 | licensed cosmetology schools or cosmetology programs offered in |
| 397 | public school systems, which schools or programs are certified |
| 398 | by the Department of Education, are eligible to practice |
| 399 | cosmetology, provided such graduates practice under the |
| 400 | supervision of a licensed cosmetologist in a licensed |
| 401 | cosmetology salon. A graduate who fails the first examination |
| 402 | may continue to practice under the supervision of a licensed |
| 403 | cosmetologist in a licensed cosmetology salon if the graduate |
| 404 | applies for the next available examination and until the |
| 405 | graduate receives the results of that examination. No graduate |
| 406 | may continue to practice under this subsection if the graduate |
| 407 | fails the examination twice. |
| 408 | (5) Renewal of license registration shall be accomplished |
| 409 | pursuant to rules adopted by the board. |
| 410 | (6) The board shall adopt rules specifying procedures for |
| 411 | the licensure by endorsement of practitioners desiring to be |
| 412 | licensed in this state who hold a current active license in |
| 413 | another state and who have met qualifications substantially |
| 414 | similar to, equivalent to, or greater than the qualifications |
| 415 | required of applicants from this state. |
| 416 | (7) The board shall by rule specify the procedures for the |
| 417 | registration of cosmetology apprentices. Each cosmetology |
| 418 | apprentice application and registration shall name a licensed |
| 419 | cosmetologist who has agreed to serve as the sponsor of the |
| 420 | apprentice and is registered as an apprentice sponsor with the |
| 421 | board. A cosmetology apprentice may not conduct, or contract to |
| 422 | conduct, cosmetology services without the express approval of |
| 423 | his or her sponsor. The sponsor may not allow cosmetology |
| 424 | services to be performed unless the apprentice clearly informs |
| 425 | the public that he or she is not a licensed cosmetologist but is |
| 426 | conducting services as an apprentice under the direct |
| 427 | supervision of a licensed cosmetologist, or his or her designee, |
| 428 | who is sponsoring the apprentice. |
| 429 | (8) A cosmetologist may not sponsor a cosmetology |
| 430 | apprentice unless the cosmetologist is registered as an |
| 431 | apprentice sponsor by the board. Each application for |
| 432 | registration shall include the names of the cosmetology salon |
| 433 | and its owner, the business mailing address and location, and |
| 434 | any other information which the board may require. The sponsor |
| 435 | shall report to the board within 30 days after any change in |
| 436 | this required information. |
| 437 | (9)(7)(a) The board shall prescribe by rule continuing |
| 438 | education requirements intended to ensure protection of the |
| 439 | public through updated training of licensees and registered |
| 440 | specialists, not to exceed 16 hours biennially, as a condition |
| 441 | for renewal of a license or registration as a specialist under |
| 442 | this chapter. Continuing education courses shall include, but |
| 443 | not be limited to, the following subjects as they relate to the |
| 444 | practice of cosmetology: human immunodeficiency virus and |
| 445 | acquired immune deficiency syndrome; Occupational Safety and |
| 446 | Health Administration regulations; workers' compensation issues; |
| 447 | state and federal laws and rules as they pertain to |
| 448 | cosmetologists, cosmetology, salons, specialists, specialty |
| 449 | salons, and booth renters; chemical makeup as it pertains to |
| 450 | hair, skin, and nails; and environmental issues. Courses given |
| 451 | at cosmetology conferences may be counted toward the number of |
| 452 | continuing education hours required if approved by the board. |
| 453 | (b) Any person whose occupation or practice is confined |
| 454 | solely to hair braiding, hair wrapping, or body wrapping is |
| 455 | exempt from the continuing education requirements of this |
| 456 | subsection. |
| 457 | (c) The board may, by rule, require any licensee in |
| 458 | violation of a continuing education requirement to take a |
| 459 | refresher course or refresher course and examination in addition |
| 460 | to any other penalty. The number of hours for the refresher |
| 461 | course may not exceed 48 hours. |
| 462 | Section 9. Paragraph (b) of subsection (1) of section |
| 463 | 477.0201, Florida Statutes, is amended to read: |
| 464 | 477.0201 Specialty registration; qualifications; |
| 465 | registration renewal; endorsement.-- |
| 466 | (1) Any person is qualified for registration as a |
| 467 | specialist in any one or more of the specialty practices within |
| 468 | the practice of cosmetology under this chapter who: |
| 469 | (b) Has received a certificate of completion in a |
| 470 | specialty pursuant to s. 477.013(6) from one of the following: |
| 471 | 1. A school licensed pursuant to s. 477.023. |
| 472 | 2. A school licensed pursuant to chapter 1005 or the |
| 473 | equivalent licensing authority of another state. |
| 474 | 3. A specialty program within the public school system. |
| 475 | 4. A specialty division within the Cosmetology Division of |
| 476 | the Florida School for the Deaf and the Blind, provided the |
| 477 | training programs comply with minimum curriculum requirements |
| 478 | established by the board. |
| 479 | Section 10. Section 477.0251, Florida Statutes, is created |
| 480 | to read: |
| 481 | 477.0251 Cosmetology apprenticeship training.-- |
| 482 | (1) The board shall establish uniform minimum standards |
| 483 | and requirements governing cosmetology apprenticeship programs, |
| 484 | cosmetology apprentice sponsors, and cosmetology apprentice |
| 485 | agreements. Such standards and requirements shall govern the |
| 486 | terms and conditions of the cosmetology apprentice's employment |
| 487 | and training, including the quality of the training of the |
| 488 | apprentice with respect to, but not limited to, such matters as |
| 489 | operation of a salon; health, safety, and sanitary requirements; |
| 490 | and licensure requirements. |
| 491 | (2) Training should be combined with properly coordinated |
| 492 | studies of related technical and supplementary subjects. |
| 493 | (3) A cosmetology apprentice must enter into a written |
| 494 | agreement, hereinafter called a cosmetology apprentice |
| 495 | agreement, with a registered cosmetologist apprentice sponsor |
| 496 | who may be either an employer who is a licensed cosmetologist or |
| 497 | an association of employers who are licensed cosmetologists. |
| 498 | (4) A cosmetologist may not sponsor more than three |
| 499 | cosmetology apprentices at one time. Any cosmetologist who |
| 500 | serves as a sponsor must have held an active, valid cosmetology |
| 501 | license for 3 consecutive years preceding the date on which that |
| 502 | cosmetologist is named as sponsor of the cosmetology apprentice. |
| 503 | (5) A cosmetologist who undertakes the sponsorship of a |
| 504 | cosmetology apprentice shall ensure that the cosmetology |
| 505 | apprentice receives training as required by board rule. |
| 506 | (6) Cosmetology apprentices are prohibited from conducting |
| 507 | cosmetology services without the prior express written consent |
| 508 | of the sponsor. The cosmetology apprentice's sponsor must be |
| 509 | present at a licensed salon at any time the cosmetology |
| 510 | apprentice is participating in the conduct of cosmetology. If |
| 511 | the cosmetology apprentice's sponsor cannot attend while a |
| 512 | cosmetology apprentice is performing cosmetology services, the |
| 513 | sponsor may appoint a qualified cosmetologist who meets the |
| 514 | requirements of board rules to be present and supervise the |
| 515 | cosmetology apprentice at a licensed salon in place of the |
| 516 | sponsor. Prior written consent must be given by the cosmetology |
| 517 | apprentice's sponsor for each substitution. |
| 518 | (7) Each cosmetology apprentice and sponsor shall file |
| 519 | reports as required by board rule. |
| 520 | (8) A sponsor may not authorize a cosmetology apprentice |
| 521 | to conduct cosmetology services unless the sponsor has |
| 522 | determined that the cosmetology apprentice has received adequate |
| 523 | training to do so. |
| 524 | (9) The sponsor shall be responsible for any acts or |
| 525 | omissions of the cosmetology apprentice which constitute a |
| 526 | violation of law in relation to the conduct of cosmetology. |
| 527 | (10) A registered cosmetology apprentice who wishes to |
| 528 | change the sponsor under whom he or she is registered must |
| 529 | submit a new application. However, a new registration fee shall |
| 530 | not be required. |
| 531 | (11) The board may adopt rules necessary to establish the |
| 532 | standards and requirements of this section. |
| 533 | Section 11. Section 477.0252, Florida Statutes, is created |
| 534 | to read: |
| 535 | 477.0252 Cosmetology apprenticeship program; duties of the |
| 536 | board.--The board shall: |
| 537 | (1) Administer the provisions of this chapter relating to |
| 538 | cosmetology apprentices, cosmetology apprentice sponsors, and |
| 539 | cosmetology apprenticeship programs. |
| 540 | (2) Administer the standards and requirements that are |
| 541 | established. |
| 542 | (3) Register in accordance with this chapter any |
| 543 | cosmetology apprentice, cosmetology apprentice sponsor, and |
| 544 | cosmetology apprenticeship program which meets standards |
| 545 | established by the board. |
| 546 | (4) Investigate complaints concerning the failure of any |
| 547 | registered cosmetology apprenticeship program to meet the |
| 548 | standards established by the board. |
| 549 | (5) Cancel the registration of any cosmetology apprentice |
| 550 | sponsor or cosmetology apprenticeship program that fails to |
| 551 | comply with the standards and requirements or that unreasonably |
| 552 | fails or refuses to cooperate with the board in monitoring and |
| 553 | enforcing compliance with such standards and requirements. |
| 554 | (6) Develop and encourage cosmetology apprenticeship |
| 555 | programs. |
| 556 | (7) Cooperate with and assist local cosmetology apprentice |
| 557 | sponsors in the development of cosmetology apprenticeship |
| 558 | standards and training requirements. |
| 559 | (8) Monitor registered cosmetology apprenticeship programs |
| 560 | to ensure that they are being operated in compliance with all |
| 561 | applicable standards and requirements. |
| 562 | (9) Supervise cosmetology apprenticeship programs which |
| 563 | are registered with the board. |
| 564 | (10) Ensure that minority and gender diversity are |
| 565 | considered in administering its regulation of cosmetology |
| 566 | apprenticeship programs. |
| 567 | (11) Adopt rules as required to implement regulation of |
| 568 | cosmetology apprenticeship programs. |
| 569 | Section 12. Paragraphs (g) and (h) are added to subsection |
| 570 | (1) of section 477.026, Florida Statutes, to read: |
| 571 | 477.026 Fees; disposition.-- |
| 572 | (1) The board shall set fees according to the following |
| 573 | schedule: |
| 574 | (g) For cosmetology apprentices, a fee not to exceed $50. |
| 575 | (h) For cosmetology sponsors, a fee not to exceed $50. |
| 576 | Section 13. Section 477.0265, Florida Statutes, is amended |
| 577 | to read: |
| 578 | 477.0265 Prohibited acts.-- |
| 579 | (1) It is unlawful for any person to: |
| 580 | (a) Engage in the practice of cosmetology or a specialty |
| 581 | without an active license as a cosmetologist or registration as |
| 582 | a cosmetology apprentice or registration as a specialist issued |
| 583 | by the department pursuant to the provisions of this chapter. |
| 584 | (b) Own, operate, maintain, open, establish, conduct, or |
| 585 | have charge of, either alone or with another person or persons, |
| 586 | a cosmetology salon or specialty salon: |
| 587 | 1. Which is not licensed under the provisions of this |
| 588 | chapter; or |
| 589 | 2. In which a person not licensed or registered as a |
| 590 | cosmetologist, cosmetology apprentice, or a specialist is |
| 591 | permitted to perform cosmetology services or any specialty. |
| 592 | (c) Engage in willful or repeated violations of this |
| 593 | chapter or of any rule adopted by the board. |
| 594 | (d) Permit an employed person to engage in the practice of |
| 595 | cosmetology or of a specialty unless such person holds a valid, |
| 596 | active license as a cosmetologist or registration as a |
| 597 | specialist or cosmetology apprentice. |
| 598 | (e) Obtain or attempt to obtain a license or registration |
| 599 | for money, other than the required fee, or any other thing of |
| 600 | value or by fraudulent misrepresentations. |
| 601 | (f) Use or attempt to use a license to practice |
| 602 | cosmetology or a registration to practice a specialty, which |
| 603 | license or registration is suspended or revoked. |
| 604 | (g) Advertise or imply that skin care services or body |
| 605 | wrapping, as performed under this chapter, have any relationship |
| 606 | to the practice of massage therapy as defined in s. 480.033(3), |
| 607 | except those practices or activities defined in s. 477.013. |
| 608 | (2) Any person who violates any provision of this section |
| 609 | commits is guilty of a misdemeanor of the second degree, |
| 610 | punishable as provided in s. 775.082 or s. 775.083. |
| 611 | Section 14. Paragraph (a) of subsection (1) of section |
| 612 | 477.029, Florida Statutes, is amended to read: |
| 613 | 477.029 Penalty.-- |
| 614 | (1) It is unlawful for any person to: |
| 615 | (a) Hold himself or herself out as a cosmetologist, |
| 616 | cosmetology apprentice, specialist, hair wrapper, hair braider, |
| 617 | or body wrapper unless duly licensed or registered, or otherwise |
| 618 | authorized, as provided in this chapter. |
| 619 | Section 15. This act shall take effect October 1, 2004. |