HB 0467CS

CHAMBER ACTION




1The Committee on Commerce recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to cosmetology; amending s. 477.0135,
7F.S.; exempting from cosmetology licensure the provision
8of certain services to certain persons during qualified
9productions; providing that such services are not required
10to be performed in a licensed salon; prohibiting provision
11of such services to the general public; exempting from
12cosmetology licensure the provision of certain services to
13certain persons in a theme park or entertainment complex;
14providing a definition; amending s. 477.016, F.S.;
15authorizing the Board of Cosmetology to adopt by rule, or
16incorporate by reference into rule, certain federal
17restrictions on the use of certain products or substances;
18amending s. 477.0265, F.S.; prohibiting in the practice of
19cosmetology the use or possession of cosmetic products
20containing liquid nail monomers containing methyl
21methacrylate; providing penalties; reenacting s.
22477.029(1)(h) and (2), F.S., relating to grounds for
23administrative penalties, to incorporate the amendment to
24s. 477.0265, F.S., in a reference thereto; providing
25administrative penalties; providing an effective date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  Subsections (5) and (6) are added to section
30477.0135, Florida Statutes, to read:
31     477.0135  Exemptions.--
32     (5)  A license is not required of any individual providing
33makeup, special effects, or cosmetology services to an actor,
34stunt person, musician, extra, or other talent during a
35production recognized by the Office of Film and Entertainment as
36a "qualified production" as defined in s. 288.1254. Such
37services are not required to be performed in a licensed salon.
38Individuals exempt under this subsection may not provide such
39services to the general public.
40     (6)  A license is not required of any individual providing
41makeup or special effects services in a theme park or
42entertainment complex to an actor, stunt person, musician,
43extra, or other talent or providing makeup or special effects
44services to the general public for no compensation. For purposes
45of this subsection, the term "theme park or entertainment
46complex" has the same meaning as in s. 509.013.
47     Section 2.  Section 477.016, Florida Statutes, is amended
48to read:
49     477.016  Rulemaking.--
50     (1)  The board has authority to adopt rules pursuant to ss.
51120.536(1) and 120.54 to implement the provisions of this
52chapter conferring duties upon it.
53     (2)  The board may by rule adopt, or incorporate by
54reference into rule, any restriction established by regulation
55of the United States Food and Drug Administration related to the
56use of a cosmetic product or to any substance used in the
57practice of cosmetology where the board finds that the product
58or substance poses a risk to the health, safety, and welfare of
59persons providing cosmetology services or to clients.
60     Section 3.  Section 477.0265, Florida Statutes, is amended
61to 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
65without an active license as a cosmetologist or registration as
66a specialist issued by the department pursuant to the provisions
67of this chapter.
68     (b)  Own, operate, maintain, open, establish, conduct, or
69have charge of, either alone or with another person or persons,
70a cosmetology salon or specialty salon:
71     1.  Which is not licensed under the provisions of this
72chapter; or
73     2.  In which a person not licensed or registered as a
74cosmetologist or a specialist is permitted to perform
75cosmetology services or any specialty.
76     (c)  Engage in willful or repeated violations of this
77chapter or of any rule adopted by the board.
78     (d)  Permit an employed person to engage in the practice of
79cosmetology or of a specialty unless such person holds a valid,
80active license as a cosmetologist or registration as a
81specialist.
82     (e)  Obtain or attempt to obtain a license or registration
83for money, other than the required fee, or any other thing of
84value or by fraudulent misrepresentations.
85     (f)  Use or attempt to use a license to practice
86cosmetology or a registration to practice a specialty, which
87license or registration is suspended or revoked.
88     (g)  Advertise or imply that skin care services or body
89wrapping, as performed under this chapter, have any relationship
90to the practice of massage therapy as defined in s. 480.033(3),
91except those practices or activities defined in s. 477.013.
92     (h)  In the practice of cosmetology, use or possess a
93cosmetic product containing a liquid nail monomer containing any
94trace of methyl methacrylate (MMA).
95     (2)  Any person who violates any provision of this section
96commits is guilty of a misdemeanor of the second degree,
97punishable as provided in s. 775.082 or s. 775.083.
98     Section 4.  For the purpose of incorporating the amendment
99to section 477.0265, Florida Statutes, in a reference thereto,
100paragraph (h) of subsection (1) and subsection (2) of section
101477.029, 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,
105or s. 477.028.
106     (2)  Any person who violates the provisions of this section
107shall be subject to one or more of the following penalties, as
108determined by the board:
109     (a)  Revocation or suspension of any license or
110registration 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
115subject to such reasonable conditions as the board may specify.
116     (e)  Refusal to certify to the department an applicant for
117licensure.
118     Section 5.  This act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.