| 1 | A bill to be entitled |
| 2 | An act relating to education and vocational training; |
| 3 | amending s. 477.013, F.S.; providing and amending |
| 4 | definitions; redefining "cosmetology" to include hair |
| 5 | technician, esthetician, and nail technician services; |
| 6 | including body wrapping within esthetician services; |
| 7 | removing a distinction between specialty salons and other |
| 8 | salons; creating s. 477.0131, F.S.; authorizing licensure |
| 9 | for hair technicians, estheticians, nail technicians, and |
| 10 | cosmetologists; amending s. 477.0132, F.S.; requiring |
| 11 | passage of a specified course to receive a hair braiding |
| 12 | registration; increasing the total hours of instruction |
| 13 | and modifying the content of instruction required to |
| 14 | constitute a hair braiding course; providing an exemption |
| 15 | from a portion of required hair braiding coursework; |
| 16 | eliminating future body wrapping registrations; |
| 17 | authorizing renewal of current body wrapping |
| 18 | registrations; specifying that only the Board of |
| 19 | Cosmetology may review, evaluate, and approve required |
| 20 | text; amending s. 477.014, F.S.; revising requirements for |
| 21 | qualification to practice under ch. 477, F.S.; authorizing |
| 22 | current specialists to sit for licensure examinations in |
| 23 | certain circumstances; providing for the renewal of |
| 24 | current specialty registrations; amending s. 477.019, |
| 25 | F.S.; revising qualification, education, licensure and |
| 26 | renewal, supervised practice, and endorsement requirements |
| 27 | for cosmetologist licenses to include and differentiate |
| 28 | qualification, education, licensure and renewal, |
| 29 | supervised practice, and endorsement requirements for hair |
| 30 | technician, esthetician, and nail technician licenses; |
| 31 | requiring the board to adopt certain procedures relating |
| 32 | to licensure by endorsement; amending s. 477.0212, F.S.; |
| 33 | increasing fee caps for the reactivation of an inactive |
| 34 | license; requiring the board to adopt certain rules |
| 35 | relating to license renewal or continuing education; |
| 36 | amending s. 477.023, F.S.; stipulating that the Department |
| 37 | of Education is not prevented from issuing grooming and |
| 38 | salon services certification; creating s. 477.0231, F.S.; |
| 39 | providing for cosmetology internships; providing |
| 40 | requirements for the board, cosmetology interns, |
| 41 | internship sponsors, and cosmetology salons relating to |
| 42 | cosmetology internships; amending s. 477.025, F.S., |
| 43 | relating to cosmetology and specialty salons, requisites, |
| 44 | licensure, inspection, and mobile cosmetology salons, to |
| 45 | conform; amending s. 477.026, F.S.; revising fee |
| 46 | provisions to conform; increasing fee caps for certain |
| 47 | fees; providing a fee cap for internship sponsors; |
| 48 | amending s. 477.0263, F.S., to conform; specifying |
| 49 | circumstances under which cosmetology or specialty |
| 50 | services may be practiced outside of a licensed salon; |
| 51 | amending s. 477.0265, F.S., relating to prohibited acts, |
| 52 | to conform; amending s. 477.028, F.S., relating to |
| 53 | disciplinary proceedings, to conform; amending s. 477.029, |
| 54 | F.S., relating to penalties, to conform; repealing s. |
| 55 | 477.0201, F.S., relating to specialty registration, |
| 56 | qualifications, registration renewal, and endorsement; |
| 57 | amending s. 1001.43, F.S., relating to district school |
| 58 | board powers and duties; allowing students to wear sun- |
| 59 | protective items while outdoors during school hours; |
| 60 | authorizing use of federal funds to purchase food when |
| 61 | federal program guidelines permit such use; amending s. |
| 62 | 1003.02, F.S.; requiring certain district school boards to |
| 63 | request proposals from at least two class ring vendors |
| 64 | annually; requiring public access to information; |
| 65 | providing criteria for selection of such vendors; |
| 66 | requiring that the purchase of a class ring may be through |
| 67 | any vendor marketing class rings and that a student may |
| 68 | participate in related ceremonies or activities regardless |
| 69 | of the vendor through which the purchase was made; |
| 70 | requiring certain district school boards to request |
| 71 | proposals from at least two photographers annually; |
| 72 | requiring public access to information; allowing student |
| 73 | choice of photographer; permitting the inclusion of |
| 74 | certain photographs in student yearbooks; amending s. |
| 75 | 1006.22, F.S.; revising provisions for district school |
| 76 | board transportation of students in vehicles other than |
| 77 | school buses; authorizing use of such vehicles for trips |
| 78 | to and from certain sites and activities; revising |
| 79 | criteria for such vehicles and their use; requiring |
| 80 | district school boards and charter schools to adopt a |
| 81 | policy that addresses procedures and liability for trips |
| 82 | using vehicles other than school buses; amending ss. |
| 83 | 1013.501 and 1013.502, F.S.; redesignating the Florida |
| 84 | Business and Education in School Together (Florida BEST) |
| 85 | Program as A Business-Community School (ABC'S) Program; |
| 86 | providing an effective date. |
| 87 |
|
| 88 | Be It Enacted by the Legislature of the State of Florida: |
| 89 |
|
| 90 | Section 1. Section 477.013, Florida Statutes, is amended |
| 91 | to read: |
| 92 | 477.013 Definitions.--As used in this chapter, the term: |
| 93 | (1) "Board" means the Board of Cosmetology. |
| 94 | (2) "Department" means the Department of Business and |
| 95 | Professional Regulation. |
| 96 | (3) "Cosmetologist" means a person who is licensed to |
| 97 | engage in the practice of all cosmetology services in this state |
| 98 | under the authority of this chapter, including hair technician |
| 99 | services, esthetician services, and nail technician services, or |
| 100 | a person who is licensed prior to January 1, 2007, to engage in |
| 101 | the practice of cosmetology in this state. |
| 102 | (4) "Cosmetology" means the practice of performing or |
| 103 | offering to perform for compensation any of the following |
| 104 | services for aesthetic rather than medical purposes: |
| 105 | (a) Hair technician services, which are: |
| 106 | 1. Treating a person's hair by: |
| 107 | a. Providing any method of treatment as a primary service, |
| 108 | including arranging, beautifying, lightening, cleansing, |
| 109 | coloring, cutting, dressing, processing, shampooing, shaping, |
| 110 | singeing, straightening, styling, tinting, or waving; |
| 111 | b. Providing a necessary service that is preparatory or |
| 112 | ancillary to a service under sub-subparagraph a., including |
| 113 | clipping, cutting, or trimming; or |
| 114 | c. Cutting a person's hair as a separate and independent |
| 115 | service for which a charge is directly or indirectly made |
| 116 | separately from charges for any other service. |
| 117 | 2. Weaving or braiding a person's hair. |
| 118 | 3. Shampooing and conditioning a person's hair. |
| 119 | 4. Servicing a person's wig or artificial hairpiece on a |
| 120 | person's head in any manner listed in subparagraph 1. |
| 121 | 5. Treating a person's mustache or beard by coloring, |
| 122 | processing, styling, or trimming. |
| 123 | (b) Esthetician services, which are: |
| 124 | 1. Cleansing, exfoliating, or stimulating a person's skin |
| 125 | by hand or by using a mechanical device, apparatus, or appliance |
| 126 | with the use of any cosmetic preparation, antiseptic, lotion, |
| 127 | powder, oil, clay, cream, or appliance. |
| 128 | 2. Beautifying a person's skin using a cosmetic |
| 129 | preparation, antiseptic, lotion, powder, oil, clay, cream, or |
| 130 | appliance. |
| 131 | 3. Administering facial treatments. |
| 132 | 4. Removing superfluous hair from a person's body using |
| 133 | depilatories, threading, waxing, sugaring, or tweezing. |
| 134 | 5. Tinting eyebrows or eyelashes with products |
| 135 | manufactured specifically for eyebrows or eyelashes. |
| 136 | 6. Body wrapping, which is a treatment program that uses |
| 137 | wraps for the purposes of cleansing and beautifying a person's |
| 138 | skin for aesthetic rather than medical or weight-loss purposes |
| 139 | and is the application of oils, lotions, or other fluids to the |
| 140 | body using wraps. Body wrapping does not include manipulation of |
| 141 | the body's superficial tissue, other than that resulting from |
| 142 | the application of the wrap materials. |
| 143 | 7. Submersing parts of the body in a bath of clay, oils, |
| 144 | lotions, or other fluids. |
| 145 | (c) Nail technician services, which are: |
| 146 | 1. Treating a person's nails by: |
| 147 | a. Cutting, trimming, polishing, painting, printing, |
| 148 | tinting, coloring, cleansing, manicuring, or pedicuring; or |
| 149 | b. Affixing artificial nails, extensions, or capping. |
| 150 | 2. Cleansing, treating, or beautifying a person's |
| 151 | forearms, hands, legs below the knee, or feet mechanical or |
| 152 | chemical treatment of the head, face, and scalp for aesthetic |
| 153 | rather than medical purposes, including, but not limited to, |
| 154 | hair shampooing, hair cutting, hair arranging, hair coloring, |
| 155 | permanent waving, and hair relaxing for compensation. This term |
| 156 | also includes performing hair removal, including wax treatments, |
| 157 | manicures, pedicures, and skin care services. |
| 158 | (5) "Salon" means a place of business where the practice |
| 159 | of one or more of the cosmetology or specialty services are |
| 160 | offered or performed for compensation. |
| 161 | (6)(5) "Specialist" means any person registered pursuant |
| 162 | to s. 477.014(6) to practice one or more of the following |
| 163 | specialties: holding a specialty registration in one or more of |
| 164 | the specialties registered under this chapter. |
| 165 | (6) "Specialty" means the practice of one or more of the |
| 166 | following: |
| 167 | (a) Manicuring, or the cutting, polishing, tinting, |
| 168 | coloring, cleansing, adding, or extending of the nails, and |
| 169 | massaging of the hands. This term includes any procedure or |
| 170 | process for the affixing of artificial nails, except those nails |
| 171 | which may be applied solely by use of a simple adhesive. |
| 172 | (b) Pedicuring, or the shaping, polishing, tinting, or |
| 173 | cleansing of the nails of the feet, and massaging or beautifying |
| 174 | of the feet. |
| 175 | (c) Facials, or the massaging or treating of the face or |
| 176 | scalp with oils, creams, lotions, or other preparations, and |
| 177 | skin care services, which means the treatment of the skin of a |
| 178 | person's body, in addition to a person's head, face, and scalp, |
| 179 | by the use of a sponge, brush, cloth, or similar device to apply |
| 180 | or remove a chemical preparation or other substance without |
| 181 | involving massage, as defined in s. 480.033(3), except that |
| 182 | chemical peels may be removed by peeling an applied preparation |
| 183 | from the skin by hand. |
| 184 | (7) "Shampooing" means the cleansing washing of the hair |
| 185 | with soap and water or with a special preparation, or applying |
| 186 | hair tonics. |
| 187 | (8) "Specialty salon" means any place of business wherein |
| 188 | the practice of one or all of the specialties as defined in |
| 189 | subsection (6) are engaged in or carried on. |
| 190 | (8)(9) "Hair braiding" means the weaving or interweaving |
| 191 | of a person's own natural human hair for compensation without |
| 192 | cutting, coloring, permanent waving, relaxing, removing, or |
| 193 | chemical treatment and does not include the use of hair |
| 194 | extensions or wefts. |
| 195 | (9)(10) "Hair wrapping" means the wrapping of manufactured |
| 196 | materials around a strand or strands of human hair, for |
| 197 | compensation, without cutting, coloring, permanent waving, |
| 198 | relaxing, removing, weaving, chemically treating, braiding, |
| 199 | using hair extensions, or performing any other service defined |
| 200 | as cosmetology. |
| 201 | (10)(11) "Photography studio salon" means an establishment |
| 202 | where the hair-arranging services and the application of |
| 203 | cosmetic products are performed solely for the purpose of |
| 204 | preparing the model or client for the photographic session |
| 205 | without shampooing, cutting, coloring, permanent waving, |
| 206 | relaxing, or removing of hair or performing any other service |
| 207 | defined as cosmetology. |
| 208 | (11) "Cosmetology intern" means a student enrolled in a |
| 209 | cosmetology school or program to earn school or program hours by |
| 210 | interning under the direct supervision of a licensed |
| 211 | cosmetologist in a licensed salon. |
| 212 | (12) "Internship sponsor" means a licensed cosmetologist |
| 213 | registered with the board for the purpose of supervising a |
| 214 | cosmetology intern and ensuring compliance by the intern with |
| 215 | the laws and rules of this state and the internship requirements |
| 216 | established by the board and administered through the school or |
| 217 | program. |
| 218 | (12) "Body wrapping" means a treatment program that uses |
| 219 | herbal wraps for the purposes of cleansing and beautifying the |
| 220 | skin of the body, but does not include: |
| 221 | (a) The application of oils, lotions, or other fluids to |
| 222 | the body, except fluids contained in presoaked materials used in |
| 223 | the wraps; or |
| 224 | (b) Manipulation of the body's superficial tissue, other |
| 225 | than that arising from compression emanating from the wrap |
| 226 | materials. |
| 227 | (13) "Skin care services" means the treatment of the skin |
| 228 | of the body, other than the head, face, and scalp, by the use of |
| 229 | a sponge, brush, cloth, or similar device to apply or remove a |
| 230 | chemical preparation or other substance, except that chemical |
| 231 | peels may be removed by peeling an applied preparation from the |
| 232 | skin by hand. Skin care services must be performed by a licensed |
| 233 | cosmetologist or facial specialist within a licensed cosmetology |
| 234 | or specialty salon, and such services may not involve massage, |
| 235 | as defined in s. 480.033(3), through manipulation of the |
| 236 | superficial tissue. |
| 237 | Section 2. Section 477.0131, Florida Statutes, is created |
| 238 | to read: |
| 239 | 477.0131 Hair technician, esthetician, nail technician, |
| 240 | and cosmetology licenses.-- |
| 241 | (1) A person who is otherwise qualified by this chapter |
| 242 | and who is authorized to practice all of the services listed in |
| 243 | s. 477.013(4)(a) shall be licensed as a hair technician. |
| 244 | (2) A person who is otherwise qualified by this chapter |
| 245 | and who is authorized to practice all of the services listed in |
| 246 | s. 477.013(4)(b) shall be licensed as an esthetician. |
| 247 | (3) A person who is otherwise qualified by this chapter |
| 248 | and who is authorized to practice all of the services listed in |
| 249 | s. 477.013(4)(c) shall be licensed as a nail technician. |
| 250 | (4) A person who is otherwise qualified by this chapter |
| 251 | and who is authorized to practice all of the services listed in |
| 252 | s. 477.013(4) shall be licensed as a cosmetologist. |
| 253 | Section 3. Section 477.0132, Florida Statutes, is amended |
| 254 | to read: |
| 255 | 477.0132 Hair braiding, hair wrapping, and body wrapping |
| 256 | registration.-- |
| 257 | (1) A person whose occupation or practice is confined |
| 258 | solely to hair braiding shall register with the department, |
| 259 | shall pay the applicable registration fees, and shall take and |
| 260 | pass a course consisting of a minimum of 40 hours, except as |
| 261 | otherwise provided in this subsection. The course shall be |
| 262 | approved by the board and shall consist of 4 hours of |
| 263 | instruction in HIV/AIDS and other communicable diseases, 5 hours |
| 264 | of instruction in sanitation and sterilization, 5 hours of |
| 265 | instruction in disorders and diseases of the scalp, 2 hours of |
| 266 | instruction regarding laws affecting hair braiding, and 24 hours |
| 267 | of instruction in the application and removal of hair braiding. |
| 268 | A person who demonstrates skill in the application and removal |
| 269 | of hair braiding through a board-approved examination may be |
| 270 | exempt from the 24 hours of instruction in the application and |
| 271 | removal of hair braiding. |
| 272 | (a) Persons whose occupation or practice is confined |
| 273 | solely to hair braiding must register with the department, pay |
| 274 | the applicable registration fee, and take a two-day 16-hour |
| 275 | course. The course shall be board approved and consist of 5 |
| 276 | hours of HIV/AIDS and other communicable diseases, 5 hours of |
| 277 | sanitation and sterilization, 4 hours of disorders and diseases |
| 278 | of the scalp, and 2 hours of studies regarding laws affecting |
| 279 | hair braiding. |
| 280 | (2)(b) A person Persons whose occupation or practice is |
| 281 | confined solely to hair wrapping shall must register with the |
| 282 | department, pay the applicable registration fee, and take a one- |
| 283 | day 6-hour course. The course shall be board approved and |
| 284 | consist of instruction education in HIV/AIDS and other |
| 285 | communicable diseases, sanitation and sterilization, disorders |
| 286 | and diseases of the scalp, and instruction studies regarding |
| 287 | laws affecting hair wrapping. |
| 288 | (3) A person holding a registration in body wrapping |
| 289 | before January 1, 2007, may continue to practice body wrapping |
| 290 | as described in s. 477.013(4)(b)6. The board shall adopt by rule |
| 291 | continuing education requirements for the renewal of body |
| 292 | wrapping registrations. |
| 293 | (c) Unless otherwise licensed or exempted from licensure |
| 294 | under this chapter, any person whose occupation or practice is |
| 295 | body wrapping must register with the department, pay the |
| 296 | applicable registration fee, and take a two-day 12-hour course. |
| 297 | The course shall be board approved and consist of education in |
| 298 | HIV/AIDS and other communicable diseases, sanitation and |
| 299 | sterilization, disorders and diseases of the skin, and studies |
| 300 | regarding laws affecting body wrapping. |
| 301 | (4)(d) Only the board may review, evaluate, and approve a |
| 302 | course and text required of an applicant for registration under |
| 303 | this section subsection in the occupation or practice of hair |
| 304 | braiding or, hair wrapping, or body wrapping. A provider of such |
| 305 | a course is not required to hold a license under chapter 1005. |
| 306 | (5)(2) Hair braiding and, hair wrapping, and body wrapping |
| 307 | are not required to be practiced in a cosmetology salon or |
| 308 | specialty salon. When hair braiding or, hair wrapping, or body |
| 309 | wrapping is practiced outside a cosmetology salon or specialty |
| 310 | salon, disposable implements shall must be used or all |
| 311 | implements shall must be sanitized in a disinfectant approved |
| 312 | for hospital use or approved by the federal Environmental |
| 313 | Protection Agency. |
| 314 | (3) Pending issuance of registration, a person is eligible |
| 315 | to practice hair braiding, hair wrapping, or body wrapping upon |
| 316 | submission of a registration application that includes proof of |
| 317 | successful completion of the education requirements and payment |
| 318 | of the applicable fees required by this chapter. |
| 319 | Section 4. Section 477.014, Florida Statutes, is amended |
| 320 | to read: |
| 321 | 477.014 Qualifications for practice.-- |
| 322 | (1) On and after January 1, 2007, a 1979, no person who is |
| 323 | not other than a duly licensed or registered under this chapter |
| 324 | may not cosmetologist shall practice in any of the cosmetology |
| 325 | areas provided in s. 477.013(4) or use the name or title of |
| 326 | cosmetologist, hair technician, esthetician, or nail technician. |
| 327 | (2) A person licensed or registered under this chapter on |
| 328 | or after January 1, 2007, may not practice or hold himself or |
| 329 | herself out as qualified to practice in an area in which he or |
| 330 | she is not specifically licensed or registered under this |
| 331 | chapter. |
| 332 | (3) A cosmetologist licensed before January 1, 2007, may |
| 333 | perform all the services of a licensed cosmetologist as defined |
| 334 | in this chapter. |
| 335 | (4) A facial specialist registered or enrolled in a |
| 336 | cosmetology school before January 1, 2007, may take the |
| 337 | examination for an esthetician license. |
| 338 | (5) A manicure, pedicure, and nail extension specialist |
| 339 | registered or enrolled in a cosmetology school before January 1, |
| 340 | 2007, may take the examination for a nail technician license. |
| 341 | (6) A specialist registered under this chapter before |
| 342 | January 1, 2007, may continue to practice under the name of his |
| 343 | or her specialty registration without taking the respective |
| 344 | licensure examination. Renewal of all registrations existing |
| 345 | before January 1, 2007, shall be accomplished pursuant to rules |
| 346 | adopted by the board. Such renewal shall include a full |
| 347 | specialty registration, which combines facial and manicure, |
| 348 | pedicure, and nail extension. |
| 349 | Section 5. Section 477.019, Florida Statutes, is amended |
| 350 | to read: |
| 351 | 477.019 Cosmetologists; hair technicians; estheticians; |
| 352 | nail technicians; qualifications; licensure; supervised |
| 353 | practice; license renewal; endorsement; continuing education.-- |
| 354 | (1) A person desiring to be licensed in the field of |
| 355 | cosmetology as a cosmetologist shall apply to the department for |
| 356 | licensure. |
| 357 | (2) An applicant is shall be eligible for licensure by |
| 358 | examination to practice cosmetology, hair technician services, |
| 359 | esthetician services, or nail technician services if the |
| 360 | applicant: |
| 361 | (a) Is at least 16 years of age or has received a high |
| 362 | school diploma or graduate equivalency diploma or has passed an |
| 363 | ability-to-benefit test, which is an independently administered |
| 364 | test approved by the United States Secretary of Education as |
| 365 | provided in 20 U.S.C. s. 1091(d).; |
| 366 | (b) Pays the required application fee, which is not |
| 367 | refundable, and the required examination fee, which is |
| 368 | refundable if the applicant is determined to not be eligible for |
| 369 | licensure for any reason other than failure to successfully |
| 370 | complete the licensure examination.; and |
| 371 | (c)1. Is authorized to practice cosmetology in another |
| 372 | state or country, has been so authorized for at least 1 year, |
| 373 | and does not qualify for licensure by endorsement as provided |
| 374 | for in subsection (6); or |
| 375 | 2.a. Has received a minimum number of hours of training as |
| 376 | follows: |
| 377 | (I) For a hair technician, 1,000 hours. |
| 378 | (II) For an esthetician, 600 hours. |
| 379 | (III) For a nail technician, 350 hours. |
| 380 | (IV) For a cosmetologist, 1,800 hours. |
| 381 | b. The training Has received a minimum of 1,200 hours of |
| 382 | training as established by the board, which shall include, but |
| 383 | need shall not be limited to, the equivalent of completion of |
| 384 | services directly related to the practice of cosmetology at one |
| 385 | of the following: |
| 386 | (I)a. A school of cosmetology licensed pursuant to chapter |
| 387 | 1005. |
| 388 | (II)b. A cosmetology program within the public school |
| 389 | system. |
| 390 | (III)c. The Cosmetology Division of the Florida School for |
| 391 | the Deaf and the Blind, provided the division meets the |
| 392 | standards of this chapter. |
| 393 | (IV)d. A government-operated cosmetology program in this |
| 394 | state. |
| 395 | c. A person who has enrolled and begun his or her |
| 396 | education before January 1, 2007, may take the examination to be |
| 397 | licensed as a cosmetologist upon completion of 1,200 hours of |
| 398 | education. |
| 399 | d. A person who begins his or her education on or after |
| 400 | January 1, 2007, shall comply with the hour requirements in sub- |
| 401 | subparagraph a. in order to qualify to take his or her |
| 402 | respective examination. |
| 403 |
|
| 404 | The board shall establish by rule procedures whereby the school |
| 405 | or program may certify that a person is qualified to take the |
| 406 | required examination after the completion of a minimum of 1,000 |
| 407 | actual school hours. If the person then passes the examination, |
| 408 | he or she shall have satisfied this requirement; but if the |
| 409 | person fails the examination, he or she shall not be qualified |
| 410 | to take the examination again until the completion of the full |
| 411 | requirements provided by this section. |
| 412 | (3) Upon an applicant receiving a passing grade, as |
| 413 | established by board rule, on the examination and paying the |
| 414 | initial licensing fee, the department shall issue a license to |
| 415 | practice in the applicant's respective area of cosmetology |
| 416 | provided in s. 477.013(4). |
| 417 | (4) After submitting a complete application to take the |
| 418 | first available examination for licensure as a cosmetologist, |
| 419 | hair technician, esthetician, or nail technician, a graduate of |
| 420 | a licensed cosmetology school or a program within the public |
| 421 | school system, which school or program is certified by the |
| 422 | Department of Education, is eligible to practice in the |
| 423 | graduate's respective area for a maximum period of 60 days, |
| 424 | provided such graduate practices under the supervision of a |
| 425 | professional licensed under this chapter in a licensed salon. A |
| 426 | graduate who fails to pass an examination the first time may |
| 427 | continue to practice under the supervision of a professional |
| 428 | licensed under this chapter in a licensed salon for an |
| 429 | additional 60-day period, provided the graduate applies for the |
| 430 | next available examination. A graduate may not continue to |
| 431 | practice under this subsection if the graduate fails the |
| 432 | examination twice. Following the completion of the first |
| 433 | licensing examination and pending the results of that |
| 434 | examination and issuance of a license to practice cosmetology, |
| 435 | graduates of licensed cosmetology schools or cosmetology |
| 436 | programs offered in public school systems, which schools or |
| 437 | programs are certified by the Department of Education, are |
| 438 | eligible to practice cosmetology, provided such graduates |
| 439 | practice under the supervision of a licensed cosmetologist in a |
| 440 | licensed cosmetology salon. A graduate who fails the first |
| 441 | examination may continue to practice under the supervision of a |
| 442 | licensed cosmetologist in a licensed cosmetology salon if the |
| 443 | graduate applies for the next available examination and until |
| 444 | the graduate receives the results of that examination. No |
| 445 | graduate may continue to practice under this subsection if the |
| 446 | graduate fails the examination twice. |
| 447 | (5) Renewal of license registration shall be accomplished |
| 448 | pursuant to rules adopted by the board. |
| 449 | (6) The board shall adopt rules specifying procedures for |
| 450 | the licensure by endorsement of practitioners desiring to be |
| 451 | licensed in this state who hold a current active license in |
| 452 | another state or country and who have met qualifications |
| 453 | substantially similar to, equivalent to, or greater than the |
| 454 | qualifications required of applicants from this state. For |
| 455 | purposes of this subsection, work experience may be substituted |
| 456 | for required educational hours in the amount and manner provided |
| 457 | by board rule. |
| 458 | (7)(a) The board shall prescribe by rule continuing |
| 459 | education requirements for licensees and registered specialists |
| 460 | that intended to ensure the protection of the public through |
| 461 | updated training of licensees and registered specialists, not to |
| 462 | exceed 16 hours biennially, as a condition for renewal of a |
| 463 | license or registration as a specialist under this chapter. |
| 464 | Continuing education courses shall include, but not be limited |
| 465 | to, the following subjects as they relate to the practice of |
| 466 | cosmetology: HIV/AIDS human immunodeficiency virus and acquired |
| 467 | immune deficiency syndrome; Occupational Safety and Health |
| 468 | Administration regulations; workers' compensation issues; state |
| 469 | and federal laws and rules as they pertain to cosmetologists, |
| 470 | the practice of cosmetology, salons, specialists, specialty |
| 471 | salons, and booth renters; chemical makeup as it pertains to |
| 472 | hair, skin, and nails; and environmental issues. Courses given |
| 473 | at educational cosmetology conferences may be counted toward the |
| 474 | number of continuing education hours required if approved by the |
| 475 | board. |
| 476 | (b) Any person whose occupation or practice is confined |
| 477 | solely to hair braiding or, hair wrapping, or body wrapping is |
| 478 | exempt from the continuing education requirements of this |
| 479 | subsection. |
| 480 | (c) The board may, by rule, require any licensee in |
| 481 | violation of a continuing education requirement to take a |
| 482 | refresher course or refresher course and examination in addition |
| 483 | to any other penalty. The number of hours for the refresher |
| 484 | course may not exceed 48 hours. |
| 485 | Section 6. Section 477.0212, Florida Statutes, is amended |
| 486 | to read: |
| 487 | 477.0212 Inactive status.-- |
| 488 | (1) A cosmetologist's license issued under this chapter |
| 489 | that has become inactive may be reactivated under s. 477.019 |
| 490 | upon application to the department. |
| 491 | (2) The board shall adopt promulgate rules relating to |
| 492 | licenses that which have become inactive and for the renewal of |
| 493 | inactive licenses. The board shall prescribe by rule a fee not |
| 494 | to exceed $100 $50 for the reactivation of an inactive license |
| 495 | and a fee not to exceed $50 for the renewal of an inactive |
| 496 | license. The board shall prescribe by rule the continuing |
| 497 | education requirements to be met prior to license renewal or |
| 498 | reactivation. |
| 499 | Section 7. Section 477.023, Florida Statutes, is amended |
| 500 | to read: |
| 501 | 477.023 Schools of cosmetology; licensure.--A No private |
| 502 | school of cosmetology may not shall be permitted to operate |
| 503 | without a license issued by the Commission for Independent |
| 504 | Education pursuant to chapter 1005. However, this chapter does |
| 505 | not nothing herein shall be construed to prevent certification |
| 506 | by the Department of Education of grooming and salon services |
| 507 | and cosmetology training programs within the public school |
| 508 | system or to prevent government operation of any other program |
| 509 | of cosmetology in this state. |
| 510 | Section 8. Section 477.0231, Florida Statutes, is created |
| 511 | to read: |
| 512 | 477.0231 Cosmetology internships.-- |
| 513 | (1) The selection and placement of cosmetology interns |
| 514 | shall be determined by the cosmetology school or program. The |
| 515 | school or program shall determine whether a student is eligible |
| 516 | to become a cosmetology intern and whether an internship sponsor |
| 517 | meets the requirements for its educational objectives. The |
| 518 | school program, on behalf of the student, shall provide written |
| 519 | notice to the board that an internship sponsor has been selected |
| 520 | and name the cosmetology intern to be supervised. The school or |
| 521 | program shall determine the length and schedule of an individual |
| 522 | cosmetology internship, but such internship may not exceed 24 |
| 523 | months. |
| 524 | (2) Each internship sponsor shall obtain approval from a |
| 525 | school or cosmetology program and shall register with the board |
| 526 | before accepting placement of each cosmetology intern. The |
| 527 | application for registration shall include the name and contact |
| 528 | person of the school or program placing the intern, the names |
| 529 | and addresses of the internship sponsor, and other information |
| 530 | that the board requires. |
| 531 | (3) The internship sponsor shall actively supervise the |
| 532 | cosmetology intern in the practice of cosmetology pursuant to |
| 533 | rules established by the board. A cosmetology intern may only |
| 534 | practice within the field of cosmetology in which he or she is |
| 535 | engaged in the course of study. The internship sponsor shall |
| 536 | ensure that the cosmetology intern is complying with the laws |
| 537 | and rules governing cosmetology and is complying with the |
| 538 | educational objectives and guidelines established by the |
| 539 | cosmetology school or program and the board. |
| 540 | (4) All services provided by the cosmetology intern shall |
| 541 | be expressly approved by the internship sponsor and contracted |
| 542 | for by the internship sponsor. The internship sponsor shall |
| 543 | ensure that the public is clearly informed that the cosmetology |
| 544 | intern is not a licensed cosmetologist. |
| 545 | (5) Pursuant to rules established by the board, the |
| 546 | cosmetology salon in which a cosmetology intern is engaged in |
| 547 | the practice of cosmetology shall post notice in a conspicuous |
| 548 | manner within the salon indicating that a student intern is |
| 549 | providing services on the premises. |
| 550 | (6) While engaged in the practice of cosmetology, a |
| 551 | cosmetology intern shall posses written documentation of his or |
| 552 | her authorization to engage in the practice of cosmetology from |
| 553 | the student's cosmetology school or program and shall furnish |
| 554 | such documentation to the department before engaging in the |
| 555 | practice of cosmetology and upon request by department |
| 556 | personnel. |
| 557 | (7) The board shall establish by rule the education |
| 558 | prerequisites for cosmetology internships, including the minimum |
| 559 | number of hours of classroom instruction and required course |
| 560 | work. The board shall establish by rule the number of permitted |
| 561 | cosmetology internships per internship sponsor, the minimum and |
| 562 | maximum number of internship hours, and the recommended |
| 563 | educational objectives and guidelines for an internship program |
| 564 | in a cosmetology school or program. |
| 565 | (8) The board may terminate the internship of any |
| 566 | cosmetology intern and the sponsorship of any internship sponsor |
| 567 | for a violation of the laws and rules governing cosmetology. The |
| 568 | board shall provide notice of termination of an internship to |
| 569 | the internship sponsor, the cosmetology school or program, and |
| 570 | the cosmetology intern. In the case of a terminated cosmetology |
| 571 | internship, the school or program shall determine the |
| 572 | educational status of the cosmetology intern. A cosmetology |
| 573 | intern whose internship sponsor has been terminated, has been |
| 574 | otherwise disciplined by the board, or has voluntarily withdrawn |
| 575 | from sponsorship remains eligible for new placement through the |
| 576 | school or program. |
| 577 | Section 9. Section 477.025, Florida Statutes, is amended |
| 578 | to read: |
| 579 | 477.025 Cosmetology salons; specialty Salons; requisites; |
| 580 | licensure; inspection; mobile cosmetology salons.-- |
| 581 | (1) No cosmetology salon or specialty salon shall be |
| 582 | permitted to operate without a license issued by the department |
| 583 | except as provided in subsection (11). |
| 584 | (2) The board shall adopt rules governing the licensure |
| 585 | and operation of salons and specialty salons and their |
| 586 | facilities, personnel, safety and sanitary requirements, and the |
| 587 | license application and granting process. |
| 588 | (3) Any person, firm, or corporation desiring to operate a |
| 589 | cosmetology salon or specialty salon in the state shall submit |
| 590 | to the department a salon an application form upon forms |
| 591 | provided by the department, and accompanied by any relevant |
| 592 | information requested by the department, and by an application |
| 593 | fee. |
| 594 | (4) Upon receiving the application, the department may |
| 595 | cause an investigation to be made of the proposed cosmetology |
| 596 | salon or specialty salon. |
| 597 | (5) When an applicant fails to meet all the requirements |
| 598 | provided herein, the department shall deny the application in |
| 599 | writing and shall list the specific requirements not met. No |
| 600 | applicant denied licensure because of failure to meet the |
| 601 | requirements herein shall be precluded from reapplying for |
| 602 | licensure. |
| 603 | (6) When the department determines that the proposed |
| 604 | cosmetology salon or specialty salon may reasonably be expected |
| 605 | to meet the requirements set forth herein, the department shall |
| 606 | grant the license upon such conditions as it shall deem proper |
| 607 | under the circumstances and upon payment of the original |
| 608 | licensing fee. |
| 609 | (7) No license for operation of a cosmetology salon or |
| 610 | specialty salon may be transferred from the name of the original |
| 611 | licensee to another. It may be transferred from one location to |
| 612 | another only upon approval by the department, which approval |
| 613 | shall not be unreasonably withheld. |
| 614 | (8) Renewal of license registration for cosmetology salons |
| 615 | or specialty salons shall be accomplished pursuant to rules |
| 616 | adopted by the board. The board is further authorized to adopt |
| 617 | rules governing delinquent renewal of licenses and may impose |
| 618 | penalty fees for delinquent renewal. |
| 619 | (9) The board is authorized to adopt rules governing the |
| 620 | periodic inspection of cosmetology salons and specialty salons |
| 621 | licensed under this chapter. |
| 622 | (10)(a) The board shall adopt rules governing the |
| 623 | licensure, operation, and inspection of mobile cosmetology |
| 624 | salons, including their facilities, personnel, and safety and |
| 625 | sanitary requirements. |
| 626 | (b) Each mobile salon must comply with all licensure and |
| 627 | operating requirements specified in this chapter or chapter 455 |
| 628 | or rules of the board or department that apply to cosmetology |
| 629 | salons at fixed locations, except to the extent that such |
| 630 | requirements conflict with this subsection or rules adopted |
| 631 | pursuant to this subsection. |
| 632 | (c) A mobile cosmetology salon must maintain a permanent |
| 633 | business address, located in the inspection area of the local |
| 634 | department office, at which records of appointments, |
| 635 | itineraries, license numbers of employees, and vehicle |
| 636 | identification numbers of the licenseholder's mobile salon shall |
| 637 | be kept and made available for verification purposes by |
| 638 | department personnel, and at which correspondence from the |
| 639 | department can be received. |
| 640 | (d) To facilitate periodic inspections of mobile |
| 641 | cosmetology salons, prior to the beginning of each month each |
| 642 | mobile salon licenseholder must file with the board a written |
| 643 | monthly itinerary listing the locations where and the dates and |
| 644 | hours when the mobile salon will be operating. |
| 645 | (e) The board shall establish fees for mobile cosmetology |
| 646 | salons, not to exceed the fees for cosmetology salons at fixed |
| 647 | locations. |
| 648 | (f) The operation of mobile cosmetology salons must be in |
| 649 | compliance with all local laws and ordinances regulating |
| 650 | business establishments, with all applicable requirements of the |
| 651 | Americans with Disabilities Act relating to accommodations for |
| 652 | persons with disabilities, and with all applicable OSHA |
| 653 | requirements. |
| 654 | (11) Facilities licensed under part II or part III of |
| 655 | chapter 400 shall be exempt from the provisions of this section |
| 656 | and a cosmetologist licensed pursuant to s. 477.019 may provide |
| 657 | salon services exclusively for facility residents. |
| 658 | Section 10. Section 477.026, Florida Statutes, is amended |
| 659 | to read: |
| 660 | 477.026 Fees; disposition.-- |
| 661 | (1) The board shall set fees according to the following |
| 662 | schedule: |
| 663 | (a) For hair technicians, estheticians, nail technicians, |
| 664 | or cosmetologists, fees for original licensing, license renewal, |
| 665 | and delinquent renewal may shall not exceed $50 $25. |
| 666 | (b) For hair technicians, estheticians, nail technicians, |
| 667 | or cosmetologists, fees for endorsement application, |
| 668 | examination, and reexamination may shall not exceed $150 $50. |
| 669 | (c) For cosmetology and specialty salons, fees for license |
| 670 | application, original licensing, license renewal, and delinquent |
| 671 | renewal may shall not exceed $100 $50. |
| 672 | (d) For specialists, fees for application and endorsement |
| 673 | registration shall not exceed $30. |
| 674 | (d)(e) For specialists, fees for initial registration, |
| 675 | registration renewal, and delinquent renewal may shall not |
| 676 | exceed $100 $50. |
| 677 | (e)(f) For hair braiders and, hair wrappers, and body |
| 678 | wrappers, fees for registration may shall not exceed $40 $25. |
| 679 | (f) For internship sponsors, fees for registration may not |
| 680 | exceed $30. |
| 681 | (2) All moneys collected by the department from fees |
| 682 | authorized by this chapter shall be paid into the Professional |
| 683 | Regulation Trust Fund, which fund is created in the department, |
| 684 | and shall be applied in accordance with ss. 215.37 and 455.219. |
| 685 | The Legislature may appropriate any excess moneys from this fund |
| 686 | to the General Revenue Fund. |
| 687 | (3) The department, with the advice of the board, shall |
| 688 | prepare and submit a proposed budget in accordance with law. |
| 689 | Section 11. Section 477.0263, Florida Statutes, is amended |
| 690 | to read: |
| 691 | 477.0263 Cosmetology services to be performed in licensed |
| 692 | salon; exceptions exception.-- |
| 693 | (1) Cosmetology or specialty services shall be performed |
| 694 | only by licensed cosmetologists, hair technicians, estheticians, |
| 695 | nail technicians, or registered specialists in licensed salons, |
| 696 | except as otherwise provided in this section. |
| 697 | (2) Pursuant to rules established by the board, |
| 698 | cosmetology or specialty services may be performed by a licensed |
| 699 | cosmetologist, hair technician, esthetician, nail technician, or |
| 700 | registered specialist in a location other than a licensed salon, |
| 701 | including, but not limited to, a nursing home, hospital, or |
| 702 | residence, when a client for reasons of ill health is unable to |
| 703 | go to a licensed salon. Arrangements for the performance of such |
| 704 | cosmetology or specialty services in a location other than a |
| 705 | licensed salon shall be made only through a licensed salon. |
| 706 | (3) Any person who holds a valid cosmetology license in |
| 707 | any state or who is authorized to practice cosmetology in any |
| 708 | country, territory, or jurisdiction of the United States may |
| 709 | perform cosmetology services in a location other than a licensed |
| 710 | salon when such services are performed in connection with the |
| 711 | motion picture, fashion photography, theatrical, or television |
| 712 | industry; a photography studio salon; a manufacturer trade show |
| 713 | demonstration; a department store demonstration; or an |
| 714 | educational seminar. |
| 715 | (4) Pursuant to rules established by the board, |
| 716 | cosmetology, hair technician, esthetician, nail technician, or |
| 717 | specialty services may be performed in a location other than a |
| 718 | licensed salon when such services are performed in connection |
| 719 | with a special event and are performed by a person who is |
| 720 | employed by a licensed salon and who holds the proper license or |
| 721 | specialty registration. Scheduling an appointment for the |
| 722 | performance of such services in a location other than a licensed |
| 723 | salon shall be made through a licensed salon. |
| 724 | Section 12. Section 477.0265, Florida Statutes, is amended |
| 725 | to read: |
| 726 | 477.0265 Prohibited acts.-- |
| 727 | (1) It is unlawful for any person to: |
| 728 | (a) Engage in the practice of cosmetology or a specialty |
| 729 | without an active license in the field of cosmetology as a |
| 730 | cosmetologist or registration as a specialist issued by the |
| 731 | department pursuant to the provisions of this chapter unless |
| 732 | authorized as a cosmetology intern pursuant to this chapter and |
| 733 | supervised by a licensed cosmetologist. |
| 734 | (b) Own, operate, maintain, open, establish, conduct, or |
| 735 | have charge of, either alone or with another person or persons, |
| 736 | a cosmetology salon or specialty salon: |
| 737 | 1. Which is not licensed under the provisions of this |
| 738 | chapter; or |
| 739 | 2. In which a person not licensed in the field of |
| 740 | cosmetology, authorized as a cosmetology intern, or registered |
| 741 | as a cosmetologist or a specialist is permitted to perform |
| 742 | cosmetology services or any specialty. |
| 743 | (c) Engage in willful or repeated violations of this |
| 744 | chapter or of any rule adopted by the board. |
| 745 | (d) Permit an employed person to engage in the practice of |
| 746 | cosmetology or of a specialty unless such person holds a valid, |
| 747 | active license in the field of cosmetology as a cosmetologist or |
| 748 | a registration as a specialist or is authorized as a cosmetology |
| 749 | intern pursuant to this chapter and supervised by a licensed |
| 750 | cosmetologist. |
| 751 | (e) Obtain or attempt to obtain a license or registration |
| 752 | for money, other than the required fee, or any other thing of |
| 753 | value or by fraudulent misrepresentations. |
| 754 | (f) Use or attempt to use a license to practice in the |
| 755 | field of cosmetology or a registration to practice a specialty, |
| 756 | which license or registration is suspended or revoked. |
| 757 | (g) Advertise or imply that skin care services or body |
| 758 | wrapping, as performed under this chapter, has have any |
| 759 | relationship to the practice of massage therapy as defined in s. |
| 760 | 480.033(3), except those practices or activities defined in s. |
| 761 | 477.013. |
| 762 | (h) In the practice of cosmetology, use or possess a |
| 763 | cosmetic product containing a liquid nail monomer containing any |
| 764 | trace of methyl methacrylate (MMA). |
| 765 | (2) Any person who violates any provision of this section |
| 766 | commits a misdemeanor of the second degree, punishable as |
| 767 | provided in s. 775.082 or s. 775.083. |
| 768 | Section 13. Section 477.028, Florida Statutes, is amended |
| 769 | to read: |
| 770 | 477.028 Disciplinary proceedings.-- |
| 771 | (1) The board may shall have the power to revoke or |
| 772 | suspend the license of a cosmetologist, hair technician, |
| 773 | esthetician, or nail technician licensed under this chapter, or |
| 774 | the registration of a specialist registered under this chapter, |
| 775 | and may to reprimand, censure, deny subsequent licensure or |
| 776 | registration of, or otherwise discipline a cosmetologist, hair |
| 777 | technician, esthetician, nail technician, or a specialist |
| 778 | licensed or registered under this chapter in any of the |
| 779 | following cases: |
| 780 | (a) Upon proof that a license or registration has been |
| 781 | obtained by fraud or misrepresentation. |
| 782 | (b) Upon proof that the holder of a license or |
| 783 | registration is guilty of fraud or deceit or of gross |
| 784 | negligence, incompetency, or misconduct in the practice or |
| 785 | instruction of cosmetology or a specialty. |
| 786 | (c) Upon proof that the holder of a license or |
| 787 | registration is guilty of aiding, assisting, procuring, or |
| 788 | advising any unlicensed person to practice in the field of |
| 789 | cosmetology as a cosmetologist. |
| 790 | (2) The board may shall have the power to revoke or |
| 791 | suspend the license of a cosmetology salon or a specialty salon |
| 792 | licensed under this chapter;, to deny subsequent licensure of |
| 793 | such salon;, or to reprimand, censure, or otherwise discipline |
| 794 | the owner of such salon in either of the following cases: |
| 795 | (a) Upon proof that a license has been obtained by fraud |
| 796 | or misrepresentation. |
| 797 | (b) Upon proof that the holder of a license is guilty of |
| 798 | fraud or deceit or of gross negligence, incompetency, or |
| 799 | misconduct in the operation of the salon so licensed. |
| 800 | (3) Disciplinary proceedings shall be conducted pursuant |
| 801 | to the provisions of chapter 120. |
| 802 | (4) The department may shall not issue or renew a license |
| 803 | or certificate of registration under this chapter to any person |
| 804 | against whom or salon against which the board has assessed a |
| 805 | fine, interest, or costs associated with investigation and |
| 806 | prosecution until the person or salon has paid in full such |
| 807 | fine, interest, or costs associated with investigation and |
| 808 | prosecution or until the person or salon complies with or |
| 809 | satisfies all terms and conditions of the final order. |
| 810 | Section 14. Section 477.029, Florida Statutes, is amended |
| 811 | to read: |
| 812 | 477.029 Penalty.-- |
| 813 | (1) It is unlawful for any person to: |
| 814 | (a) Hold himself or herself out as a cosmetologist, hair |
| 815 | technician, esthetician, nail technician, specialist, hair |
| 816 | wrapper, hair braider, or body wrapper unless duly licensed or |
| 817 | registered, or otherwise authorized, as provided in this |
| 818 | chapter. |
| 819 | (b) Operate any cosmetology salon unless it has been duly |
| 820 | licensed as provided in this chapter. |
| 821 | (c) Permit an employed person to practice cosmetology or a |
| 822 | specialty unless duly licensed or registered, or otherwise |
| 823 | authorized, as provided in this chapter. |
| 824 | (d) Present as his or her own the license of another. |
| 825 | (e) Give false or forged evidence to the department in |
| 826 | obtaining any license provided for in this chapter. |
| 827 | (f) Impersonate any other licenseholder of like or |
| 828 | different name. |
| 829 | (g) Use or attempt to use a license that has been revoked. |
| 830 | (h) Violate any provision of s. 455.227(1), s. 477.0265, |
| 831 | or s. 477.028. |
| 832 | (i) Violate or refuse to comply with any provision of this |
| 833 | chapter or chapter 455 or a rule or final order of the board or |
| 834 | the department. |
| 835 | (2) Any person who violates the provisions of this section |
| 836 | is shall be subject to one or more of the following penalties, |
| 837 | as determined by the board: |
| 838 | (a) Revocation or suspension of any license or |
| 839 | registration issued pursuant to this chapter. |
| 840 | (b) Issuance of a reprimand or censure. |
| 841 | (c) Imposition of an administrative fine not to exceed |
| 842 | $500 for each count or separate offense. |
| 843 | (d) Placement on probation for a period of time and |
| 844 | subject to such reasonable conditions as the board may specify. |
| 845 | (e) Refusal to certify to the department an applicant for |
| 846 | licensure. |
| 847 | Section 15. Section 477.0201, Florida Statutes, is |
| 848 | repealed. |
| 849 | Section 16. Paragraph (b) of subsection (1) of section |
| 850 | 1001.43, Florida Statutes, is amended, and paragraph (g) is |
| 851 | added to subsection (2) of that section, to read: |
| 852 | 1001.43 Supplemental powers and duties of district school |
| 853 | board.--The district school board may exercise the following |
| 854 | supplemental powers and duties as authorized by this code or |
| 855 | State Board of Education rule. |
| 856 | (1) STUDENT MANAGEMENT.--The district school board may |
| 857 | adopt programs and policies to ensure the safety and welfare of |
| 858 | individuals, the student body, and school personnel, which |
| 859 | programs and policies may: |
| 860 | (b) Require uniforms to be worn by the student body, or |
| 861 | impose other dress-related requirements, if the district school |
| 862 | board finds that those requirements are necessary for the safety |
| 863 | or welfare of the student body or school personnel. However, |
| 864 | students may wear sunglasses, hats, or other sun-protective wear |
| 865 | while outdoors during school hours, such as when students are at |
| 866 | recess. |
| 867 | (2) FISCAL MANAGEMENT.--The district school board may |
| 868 | adopt policies providing for fiscal management of the school |
| 869 | district with respect to school purchasing, facilities, nonstate |
| 870 | revenue sources, budgeting, fundraising, and other activities |
| 871 | relating to the fiscal management of district resources, |
| 872 | including, but not limited to, the policies governing: |
| 873 | (g) Use of federal funds to purchase food when federal |
| 874 | program guidelines permit such use. |
| 875 | Section 17. Subsections (5) and (6) are added to section |
| 876 | 1003.02, Florida Statutes, to read: |
| 877 | 1003.02 District school board operation and control of |
| 878 | public K-12 education within the school district.--As provided |
| 879 | in part II of chapter 1001, district school boards are |
| 880 | constitutionally and statutorily charged with the operation and |
| 881 | control of public K-12 education within their school district. |
| 882 | The district school boards must establish, organize, and operate |
| 883 | their public K-12 schools and educational programs, employees, |
| 884 | and facilities. Their responsibilities include staff |
| 885 | development, public K-12 school student education including |
| 886 | education for exceptional students and students in juvenile |
| 887 | justice programs, special programs, adult education programs, |
| 888 | and career education programs. Additionally, district school |
| 889 | boards must: |
| 890 | (5)(a) If selecting a vendor to market class rings to |
| 891 | students, request proposals from at least two vendors annually. |
| 892 | Results of proposals, including vendor contact information, |
| 893 | shall be open to the public and posted on the district school |
| 894 | board's website. |
| 895 | (b) Students may purchase a class ring from any vendor. |
| 896 | (c) Vendors may not discriminate against a student who |
| 897 | purchases a class ring from another vendor or exclude the |
| 898 | student from participation in any ceremony or activity relating |
| 899 | to the receipt of a class ring. |
| 900 | (6)(a) If entering into a contract with a photographer for |
| 901 | the purpose of taking student photographs, request proposals |
| 902 | from at least two photographers annually. Results of proposals, |
| 903 | including vendor contact information, shall be open to the |
| 904 | public and posted on the district school board's website. |
| 905 | (b) District school boards may not require students to |
| 906 | purchase senior photographs from a contract vendor and must |
| 907 | allow students to purchase photographs from a photographer of |
| 908 | their choice. A student's senior photograph must be allowed to |
| 909 | appear in the yearbook when taken by a photographer not under |
| 910 | contract with the district school board if the photograph meets |
| 911 | the reasonable specifications of the principal and yearbook |
| 912 | staff for senior photographs. |
| 913 | Section 18. Subsection (1) of section 1006.22, Florida |
| 914 | Statutes, is amended to read: |
| 915 | 1006.22 Safety and health of students being |
| 916 | transported.--Maximum regard for safety and adequate protection |
| 917 | of health are primary requirements that must be observed by |
| 918 | district school boards in routing buses, appointing drivers, and |
| 919 | providing and operating equipment, in accordance with all |
| 920 | requirements of law and rules of the State Board of Education in |
| 921 | providing transportation pursuant to s. 1006.21: |
| 922 | (1)(a) District school boards shall use school buses, as |
| 923 | defined in s. 1006.25, for all regular transportation. Regular |
| 924 | transportation or regular use means transportation of students |
| 925 | to and from school or school-related activities that are part of |
| 926 | a scheduled series or sequence of events to the same location. |
| 927 | "Students" means, for the purposes of this section, students |
| 928 | enrolled in the public schools in prekindergarten disability |
| 929 | programs and in kindergarten through grade 12. District school |
| 930 | boards may regularly use motor vehicles other than school buses |
| 931 | only under the following conditions: |
| 932 | 1.(a) When the transportation is for physically |
| 933 | handicapped or isolated students and the district school board |
| 934 | has elected to provide for the transportation of the student |
| 935 | through written or oral contracts or agreements. |
| 936 | 2.(b) When the transportation is a part of a comprehensive |
| 937 | contract for a specialized educational program between a |
| 938 | district school board and a service provider who provides |
| 939 | instruction, transportation, and other services. |
| 940 | 3.(c) When the transportation is provided through a public |
| 941 | transit system. |
| 942 | 4.(d) When the transportation is for trips to and from |
| 943 | school sites or agricultural education sites or for trips to and |
| 944 | from agricultural education-related events or competitions, but |
| 945 | is not for customary transportation between a student's |
| 946 | residence and such sites. When the transportation of students is |
| 947 | necessary or practical in a motor vehicle owned or operated by a |
| 948 | district school board other than a school bus, such |
| 949 | transportation must be provided in designated seating positions |
| 950 | in a passenger car not to exceed 8 students or in a multipurpose |
| 951 | passenger vehicle designed to transport 10 or fewer persons |
| 952 | which meets all applicable federal motor vehicle safety |
| 953 | standards. Multipurpose passenger vehicles classified as utility |
| 954 | vehicles with a wheelbase of 110 inches or less which are |
| 955 | required by federal motor vehicle standards to display a |
| 956 | rollover warning label may not be used. |
| 957 |
|
| 958 | When students are transported in motor vehicles, the occupant |
| 959 | crash protection system provided by the vehicle manufacturer |
| 960 | must be used unless the student's physical condition prohibits |
| 961 | such use. |
| 962 | (b) When the transportation of students is provided, as |
| 963 | authorized in this subsection, in a vehicle other than a school |
| 964 | bus that is owned, operated, rented, contracted, or leased by a |
| 965 | school district or charter school, the following provisions |
| 966 | shall apply: |
| 967 | 1. The vehicle must be a passenger car or multipurpose |
| 968 | passenger vehicle or truck, as defined in Title 49 C.F.R. part |
| 969 | 571, designed to transport fewer than 10 students. Students must |
| 970 | be transported in designated seating positions and must use the |
| 971 | occupant crash protection system provided by the manufacturer |
| 972 | unless the student's physical condition prohibits such use. |
| 973 | 2. An authorized vehicle may not be driven by a student on |
| 974 | a public right-of-way. An authorized vehicle may be driven by a |
| 975 | student on school or private property as part of the student's |
| 976 | educational curriculum if no other student is in the vehicle. |
| 977 | 3. The driver of an authorized vehicle transporting |
| 978 | students must maintain a valid driver's license and must comply |
| 979 | with the requirements of the school district's locally adopted |
| 980 | safe driver plan, which includes review of driving records for |
| 981 | disqualifying violations. |
| 982 | 4. The district school board or charter school must adopt |
| 983 | a policy that addresses procedures and liability for trips under |
| 984 | this paragraph, including a provision that school buses are to |
| 985 | be used whenever practical and specifying consequences for |
| 986 | violation of the policy. |
| 987 | Section 19. Section 1013.501, Florida Statutes, is amended |
| 988 | to read: |
| 989 | 1013.501 A Business-Community School (ABC'S) Florida |
| 990 | Business and Education in School Together (Florida BEST) |
| 991 | Program.-- |
| 992 | (1) In order to increase business partnerships in |
| 993 | education, to reduce school and classroom overcrowding |
| 994 | throughout the state, and to offset the high costs of |
| 995 | educational facilities construction, the Legislature intends to |
| 996 | encourage the formation of partnerships between business and |
| 997 | education by creating A Business-Community School (ABC'S) the |
| 998 | Florida Business and Education in School Together (Florida BEST) |
| 999 | Program. |
| 1000 | (2) Each school board shall, through advertisements in |
| 1001 | local media and other means, request proposals from area |
| 1002 | businesses to allow the operation of a business and education |
| 1003 | partnership school in facilities owned or operated by the |
| 1004 | business. |
| 1005 | (3) Each school district shall establish an ABC'S a |
| 1006 | Florida BEST school evaluation committee. |
| 1007 | (a) The committee shall be appointed by the school board |
| 1008 | and be composed of one school district administrator, at least |
| 1009 | one member of the business community, and at least one member of |
| 1010 | a local chamber of commerce. |
| 1011 | (b) The committee shall evaluate the feasibility of each |
| 1012 | proposal, including the operating cost, number of students to be |
| 1013 | served, proposed student-to-teacher ratio, proposed number of |
| 1014 | years the satellite school would operate, and any other |
| 1015 | operational or facilities considerations the school board or |
| 1016 | committee deems appropriate. |
| 1017 | (c) The committee shall recommend to the school board |
| 1018 | those proposals for satellite schools which the committee deems |
| 1019 | viable and worthy of being established. The school board must |
| 1020 | take official action on the recommendation of the committee |
| 1021 | within 60 days after receipt of the recommendation. |
| 1022 | (4) "A Business-Community School (ABC'S) "Florida Business |
| 1023 | and Education in School Together (Florida BEST) school" is |
| 1024 | defined as a public school offering instruction to students from |
| 1025 | kindergarten through third grade. The school may offer |
| 1026 | instruction in any single grade level or for multiple grade |
| 1027 | levels. ABC'S Florida BEST schools shall comply with the |
| 1028 | constitutional class size requirements. |
| 1029 | (a) First priority for admission of students to the ABC'S |
| 1030 | Florida BEST school shall be given to the children of owners and |
| 1031 | employees of the host business. If additional student capacity |
| 1032 | remains after those children are admitted, the host business may |
| 1033 | choose which other neighboring businesses may also participate |
| 1034 | to generate a viable number of students for the school. The |
| 1035 | school board shall make the necessary arrangements to |
| 1036 | accommodate students from other school districts whose parents |
| 1037 | are associated with the host business or business partners. |
| 1038 | (b) Parents shall be responsible for providing |
| 1039 | transportation to and from school for the students. |
| 1040 | (5) A multiyear contract for operation of the ABC'S |
| 1041 | Florida BEST school may be entered into between the school |
| 1042 | district and the host business. The contract must at least |
| 1043 | include provisions relating to any cost of facilities |
| 1044 | modifications, provide for the assignment or waiver of |
| 1045 | appropriate insurance costs, specify the number of students |
| 1046 | expected to be served, provide grounds for canceling the lease, |
| 1047 | and specify the advance notice required before the school may be |
| 1048 | closed. |
| 1049 | (a) The school board shall be responsible for providing |
| 1050 | the appropriate instructional, support, and administrative staff |
| 1051 | and textbooks, materials, and supplies. The school district may |
| 1052 | also agree to operate or contract for the operation of a before- |
| 1053 | school and after-school program using the donated facilities. |
| 1054 | (b) The host business shall provide the appropriate types |
| 1055 | of space for operating the school. If special facilities, such |
| 1056 | as restrooms or dining, recreational, or other areas are |
| 1057 | required, the district may contribute a part of the cost of the |
| 1058 | construction, remodeling, or renovation for such facilities from |
| 1059 | capital outlay funds of the district. A multiyear lease for |
| 1060 | operation of the facility must be agreed to if the school |
| 1061 | district contributes to the cost of such construction. |
| 1062 | Section 20. Section 1013.502, Florida Statutes, is amended |
| 1063 | to read: |
| 1064 | 1013.502 ABC'S Florida BEST school facilities; |
| 1065 | standards.--Notwithstanding any local government ordinance or |
| 1066 | regulation, any business or corporation may expand the square |
| 1067 | footage or floor area of its current or proposed facility to |
| 1068 | accommodate an ABC'S a Florida Business and Education in School |
| 1069 | Together (Florida BEST) school. Facilities constructed to house |
| 1070 | an ABC'S a Florida BEST school must comply with the State |
| 1071 | Uniform Building Code for Public Educational Facilities |
| 1072 | Construction adopted pursuant to s. 1013.37 and must meet state |
| 1073 | and local health, environmental, and safety laws and codes. |
| 1074 | Section 21. This act shall take effect July 1, 2006. |