HB 0467 2004
1	A bill to be entitled
2	An act relating to cosmetology; amending s. 477.0135,
3	F.S.; exempting from cosmetology licensure the provision
4	of certain services to certain persons during the
5	production of motion pictures, television broadcasts,
6	stage plays, and products of other entertainment-related
7	industries; providing such services are not required to be
8	performed in a licensed salon; prohibiting provision of
9	such services to the general public; amending s. 477.0263,
10	F.S.; revising an exception to the requirement to perform
11	cosmetology services in a licensed salon, to conform;
12	amending s. 477.0265, F.S.; prohibiting in cosmetology and
13	specialty salons and schools the use or possession of
14	cosmetic products containing liquid nail monomers
15	containing methyl methacrylate or the use of cosmetic
16	products in a manner inconsistent with restrictions
17	established by the United States Food and Drug
18	Administration; providing penalties; reenacting s.
19	477.029(1)(h) and (2), F.S., relating to grounds for
20	administrative penalties, to incorporate the amendment to
21	s. 477.0265, F.S., in a reference thereto; providing
22	administrative penalties; providing an effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1. Subsection (5) is added to section 477.0135,
27	Florida Statutes, to read:
28	477.0135 Exemptions.--
29	(5) A license is not required of any individual providing
30	makeup, special effects, or cosmetology services to an actor,
31	stunt person, musician, extra, or other talent during the
32	production of a motion picture, television broadcast, stage
33	play, or product of any other entertainment-related industry.
34	Such services are not required to be performed in a licensed
35	salon. Individuals exempt under this subsection may not provide
36	such services to the general public.
37	Section 2. Subsection (3) of section 477.0263, Florida
38	Statutes, is amended to read:
39	477.0263 Cosmetology services to be performed in licensed
40	salon; exception.--
41	(3) Any person who holds a valid cosmetology license in
42	any state or who is authorized to practice cosmetology in any
43	country, territory, or jurisdiction of the United States may
44	perform cosmetology services in a location other than a licensed
45	salon when such services are performed in connection with the
46	motion picture, fashion photography, theatrical, or television
47	industry; a photography studio salon,;a manufacturer trade show
48	demonstration,;or an educational seminar.
49	Section 3. Section 477.0265, Florida Statutes, is amended
50	to read:
51	477.0265 Prohibited acts.--
52	(1) It is unlawful for any person to:
53	(a) Engage in the practice of cosmetology or a specialty
54	without an active license as a cosmetologist or registration as
55	a specialist issued by the department pursuant to the provisions
56	of this chapter.
57	(b) Own, operate, maintain, open, establish, conduct, or
58	have charge of, either alone or with another person or persons,
59	a cosmetology salon or specialty salon:
60	1. Which is not licensed under the provisions of this
61	chapter; or
62	2. In which a person not licensed or registered as a
63	cosmetologist or a specialist is permitted to perform
64	cosmetology services or any specialty.
65	(c) Engage in willful or repeated violations of this
66	chapter or of any rule adopted by the board.
67	(d) Permit an employed person to engage in the practice of
68	cosmetology or of a specialty unless such person holds a valid,
69	active license as a cosmetologist or registration as a
70	specialist.
71	(e) Obtain or attempt to obtain a license or registration
72	for money, other than the required fee, or any other thing of
73	value or by fraudulent misrepresentations.
74	(f) Use or attempt to use a license to practice
75	cosmetology or a registration to practice a specialty, which
76	license or registration is suspended or revoked.
77	(g) Advertise or imply that skin care services or body
78	wrapping, as performed under this chapter, have any relationship
79	to the practice of massage therapy as defined in s. 480.033(3),
80	except those practices or activities defined in s. 477.013.
81	(h) In a cosmetology salon, mobile cosmetology salon,
82	specialty salon, or cosmetology school:
83	1. Use or possess a cosmetic product containing a liquid
84	nail monomer containing any trace of methyl methacrylate (MMA);
85	or
86	2. Use a cosmetic product in a manner inconsistent with a
87	restriction established by the United States Food and Drug
88	Administration by regulation.
89	(2) Any person who violates any provision of this section
90	commits is guilty ofa misdemeanor of the second degree,
91	punishable as provided in s. 775.082 or s. 775.083.
92	Section 4. For the purpose of incorporating the amendment
93	to section 477.0265, Florida Statutes, in a reference thereto,
94	paragraph (h) of subsection (1) and subsection (2) of section
95	477.029, Florida Statutes, are reenacted to read:
96	477.029 Penalty.--
97	(1) It is unlawful for any person to:
98	(h) Violate any provision of s. 455.227(1), s. 477.0265,
99	or s. 477.028.
100	(2) Any person who violates the provisions of this section
101	shall be subject to one or more of the following penalties, as
102	determined by the board:
103	(a) Revocation or suspension of any license or
104	registration issued pursuant to this chapter.
105	(b) Issuance of a reprimand or censure.
106	(c) Imposition of an administrative fine not to exceed
107	$500 for each count or separate offense.
108	(d) Placement on probation for a period of time and
109	subject to such reasonable conditions as the board may specify.
110	(e) Refusal to certify to the department an applicant for
111	licensure.
112	Section 5. This act shall take effect July 1, 2004.