| 1 | The Committee on Commerce recommends the following: |
| 2 |
|
| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to cosmetology; amending s. 477.0135, |
| 7 | F.S.; exempting from cosmetology licensure the provision |
| 8 | of certain services to certain persons during qualified |
| 9 | productions; providing that such services are not required |
| 10 | to be performed in a licensed salon; prohibiting provision |
| 11 | of such services to the general public; exempting from |
| 12 | cosmetology licensure the provision of certain services to |
| 13 | certain persons in a theme park or entertainment complex; |
| 14 | providing a definition; amending s. 477.016, F.S.; |
| 15 | authorizing the Board of Cosmetology to adopt by rule, or |
| 16 | incorporate by reference into rule, certain federal |
| 17 | restrictions on the use of certain products or substances; |
| 18 | amending s. 477.0265, F.S.; prohibiting in the practice of |
| 19 | cosmetology the use or possession of cosmetic products |
| 20 | containing liquid nail monomers containing methyl |
| 21 | methacrylate; providing penalties; reenacting s. |
| 22 | 477.029(1)(h) and (2), F.S., relating to grounds for |
| 23 | administrative penalties, to incorporate the amendment to |
| 24 | s. 477.0265, F.S., in a reference thereto; providing |
| 25 | administrative penalties; providing an effective date. |
| 26 |
|
| 27 | Be It Enacted by the Legislature of the State of Florida: |
| 28 |
|
| 29 | Section 1. Subsections (5) and (6) are added to section |
| 30 | 477.0135, Florida Statutes, to read: |
| 31 | 477.0135 Exemptions.-- |
| 32 | (5) A license is not required of any individual providing |
| 33 | makeup, special effects, or cosmetology services to an actor, |
| 34 | stunt person, musician, extra, or other talent during a |
| 35 | production recognized by the Office of Film and Entertainment as |
| 36 | a "qualified production" as defined in s. 288.1254. Such |
| 37 | services are not required to be performed in a licensed salon. |
| 38 | Individuals exempt under this subsection may not provide such |
| 39 | services to the general public. |
| 40 | (6) A license is not required of any individual providing |
| 41 | makeup or special effects services in a theme park or |
| 42 | entertainment complex to an actor, stunt person, musician, |
| 43 | extra, or other talent or providing makeup or special effects |
| 44 | services to the general public for no compensation. For purposes |
| 45 | of this subsection, the term "theme park or entertainment |
| 46 | complex" has the same meaning as in s. 509.013. |
| 47 | Section 2. Section 477.016, Florida Statutes, is amended |
| 48 | to read: |
| 49 | 477.016 Rulemaking.-- |
| 50 | (1) The board has authority to adopt rules pursuant to ss. |
| 51 | 120.536(1) and 120.54 to implement the provisions of this |
| 52 | chapter conferring duties upon it. |
| 53 | (2) The board may by rule adopt, or incorporate by |
| 54 | reference into rule, any restriction established by regulation |
| 55 | of the United States Food and Drug Administration related to the |
| 56 | use of a cosmetic product or to any substance used in the |
| 57 | practice of cosmetology where the board finds that the product |
| 58 | or substance poses a risk to the health, safety, and welfare of |
| 59 | persons providing cosmetology services or to clients. |
| 60 | Section 3. Section 477.0265, Florida Statutes, is amended |
| 61 | to read: |
| 62 | 477.0265 Prohibited acts.-- |
| 63 | (1) It is unlawful for any person to: |
| 64 | (a) Engage in the practice of cosmetology or a specialty |
| 65 | without an active license as a cosmetologist or registration as |
| 66 | a specialist issued by the department pursuant to the provisions |
| 67 | of this chapter. |
| 68 | (b) Own, operate, maintain, open, establish, conduct, or |
| 69 | have charge of, either alone or with another person or persons, |
| 70 | a cosmetology salon or specialty salon: |
| 71 | 1. Which is not licensed under the provisions of this |
| 72 | chapter; or |
| 73 | 2. In which a person not licensed or registered as a |
| 74 | cosmetologist or a specialist is permitted to perform |
| 75 | cosmetology services or any specialty. |
| 76 | (c) Engage in willful or repeated violations of this |
| 77 | chapter or of any rule adopted by the board. |
| 78 | (d) Permit an employed person to engage in the practice of |
| 79 | cosmetology or of a specialty unless such person holds a valid, |
| 80 | active license as a cosmetologist or registration as a |
| 81 | specialist. |
| 82 | (e) Obtain or attempt to obtain a license or registration |
| 83 | for money, other than the required fee, or any other thing of |
| 84 | value or by fraudulent misrepresentations. |
| 85 | (f) Use or attempt to use a license to practice |
| 86 | cosmetology or a registration to practice a specialty, which |
| 87 | license or registration is suspended or revoked. |
| 88 | (g) Advertise or imply that skin care services or body |
| 89 | wrapping, as performed under this chapter, have any relationship |
| 90 | to the practice of massage therapy as defined in s. 480.033(3), |
| 91 | except those practices or activities defined in s. 477.013. |
| 92 | (h) In the practice of cosmetology, use or possess a |
| 93 | cosmetic product containing a liquid nail monomer containing any |
| 94 | trace of methyl methacrylate (MMA). |
| 95 | (2) Any person who violates any provision of this section |
| 96 | commits is guilty of a misdemeanor of the second degree, |
| 97 | punishable as provided in s. 775.082 or s. 775.083. |
| 98 | Section 4. For the purpose of incorporating the amendment |
| 99 | to section 477.0265, Florida Statutes, in a reference thereto, |
| 100 | paragraph (h) of subsection (1) and subsection (2) of section |
| 101 | 477.029, Florida Statutes, are reenacted to read: |
| 102 | 477.029 Penalty.-- |
| 103 | (1) It is unlawful for any person to: |
| 104 | (h) Violate any provision of s. 455.227(1), s. 477.0265, |
| 105 | or s. 477.028. |
| 106 | (2) Any person who violates the provisions of this section |
| 107 | shall be subject to one or more of the following penalties, as |
| 108 | determined by the board: |
| 109 | (a) Revocation or suspension of any license or |
| 110 | registration issued pursuant to this chapter. |
| 111 | (b) Issuance of a reprimand or censure. |
| 112 | (c) Imposition of an administrative fine not to exceed |
| 113 | $500 for each count or separate offense. |
| 114 | (d) Placement on probation for a period of time and |
| 115 | subject to such reasonable conditions as the board may specify. |
| 116 | (e) Refusal to certify to the department an applicant for |
| 117 | licensure. |
| 118 | Section 5. This act shall take effect July 1, 2004. |