HB 117

1	A bill to be entitled
2	An act relating to cosmetology; amending s. 477.013, F.S.;
3	providing and revising definitions; redefining
4	"cosmetology" to include hair technician, esthetician, and
5	nail technician services; including body wrapping within
6	esthetician services; removing a distinction between
7	specialty salons and other salons; creating s. 477.0131,
8	F.S.; authorizing licensure for hair technicians,
9	estheticians, nail technicians, and cosmetologists;
10	amending s. 477.0132, F.S.; eliminating future body
11	wrapping registrations; authorizing renewal of current
12	body wrapping registrations; specifying that only the
13	Board of Cosmetology may review, evaluate, and approve
14	required text; amending s. 477.014, F.S.; revising
15	requirements for qualification to practice under ch. 477,
16	F.S.; authorizing current specialists to sit for licensure
17	examinations in certain circumstances; providing for the
18	renewal of current specialty registrations; amending s.
19	477.019, F.S.; revising qualification, education,
20	licensure and renewal, supervised practice, and
21	endorsement requirements for cosmetologist licenses to
22	include and differentiate qualification, education,
23	licensure and renewal, supervised practice, and
24	endorsement requirements for hair technician, esthetician,
25	and nail technician licenses; requiring the board to adopt
26	certain procedures relating to licensure by endorsement;
27	amending s. 477.0212, F.S.; requiring the board to adopt
28	certain rules relating to license renewal or continuing
29	education; amending s. 477.023, F.S.; stipulating that the
30	Department of Education is not prevented from issuing
31	grooming and salon services certification; amending s.
32	477.025, F.S., relating to cosmetology and specialty
33	salons, requisites, licensure, inspection, and mobile
34	cosmetology salons, to conform; amending s. 477.026, F.S.;
35	revising fee provisions to conform; amending s. 477.0263,
36	F.S., to conform; specifying circumstances under which
37	cosmetology or specialty services may be practiced outside
38	of a licensed salon; amending s. 477.0265, F.S., relating
39	to prohibited acts, to conform; amending s. 477.028, F.S.,
40	relating to disciplinary proceedings, to conform; amending
41	s. 477.029, F.S., relating to penalties, to conform;
42	repealing s. 477.0201, F.S., relating to specialty
43	registration, qualifications, registration renewal, and
44	endorsement; providing an effective date.
45
46	Be It Enacted by the Legislature of the State of Florida:
47
48	Section 1.  Section 477.013, Florida Statutes, is amended
49	to read:
50	477.013  Definitions.--As used in this chapter, the term:
51	(1)  "Board" means the Board of Cosmetology.
52	(2)  "Department" means the Department of Business and
53	Professional Regulation.
54	(3)  "Cosmetologist" means a person who is licensed to
55	engage in the practice of all cosmetology services in this state
56	under the authority of this chapter, including hair technician
57	services, esthetician services, and nail technician services, or
58	a person who is licensed prior to January 1, 2008, to engage in
59	the practice of cosmetology in this state.
60	(4)  "Cosmetology" means the practice of performing or
61	offering to perform for compensation any of the following
62	services for aesthetic rather than medical purposes:
63	(a)  Hair technician services, which are:
64	1.  Treating a person's hair by:
65	a.  Providing any method of treatment as a primary service,
66	including arranging, beautifying, lightening, cleansing,
67	coloring, cutting, dressing, processing, shampooing, shaping,
68	singeing, straightening, styling, tinting, or waving;
69	b.  Providing a necessary service that is preparatory or
70	ancillary to a service under sub-subparagraph a., including
71	clipping, cutting, or trimming; or
72	c.  Cutting a person's hair as a separate and independent
73	service for which a charge is directly or indirectly made
74	separately from charges for any other service.
75	2.  Weaving or braiding a person's hair.
76	3.  Shampooing and conditioning a person's hair.
77	4.  Servicing a person's wig or artificial hairpiece on
78	that person's head in any manner listed in subparagraph 1.
79	5.  Treating a person's mustache or beard by coloring,
80	processing, styling, or trimming.
81	(b)  Esthetician services, which are:
82	1.  Cleansing, exfoliating, or stimulating a person's skin
83	by hand or by using a mechanical device, apparatus, or appliance
84	with the use of any cosmetic preparation, antiseptic, lotion,
85	powder, oil, clay, cream, or appliance.
86	2.  Beautifying a person's skin using a cosmetic
87	preparation, antiseptic, lotion, powder, oil, clay, cream, or
88	appliance.
89	3.  Administering facial treatments.
90	4.  Removing superfluous hair from a person's body using
91	depilatories, threading, waxing, sugaring, or tweezing.
92	5.  Tinting eyebrows or eyelashes with products
93	manufactured specifically for eyebrows or eyelashes.
94	6.  Body wrapping, which is a treatment program that uses
95	wraps for the purposes of cleansing and beautifying a person's
96	skin for aesthetic rather than medical or weight-loss purposes
97	and is the application of oils, lotions, or other fluids to the
98	body using wraps. Body wrapping does not include manipulation of
99	the body's superficial tissue, other than that resulting from
100	the application of the wrap materials.
101	7.  Submersing parts of the body in a bath of clay, oils,
102	lotions, or other fluids.
103	(c)  Nail technician services, which are:
104	1.  Treating a person's nails by:
105	a.  Cutting, trimming, polishing, painting, printing,
106	tinting, coloring, cleansing, manicuring, or pedicuring; or
107	b.  Affixing artificial nails, extensions, or capping.
108	2.  Cleansing, treating, or beautifying a person's
109	forearms, hands, legs below the knee, or feet mechanical or
110	chemical treatment of the head, face, and scalp for aesthetic
111	rather than medical purposes, including, but not limited to,
112	hair shampooing, hair cutting, hair arranging, hair coloring,
113	permanent waving, and hair relaxing for compensation. This term
114	also includes performing hair removal, including wax treatments,
115	manicures, pedicures, and skin care services.
116	(5)  "Salon" means a place of business where the practice
117	of one or more cosmetology or specialty services are offered or
118	performed for compensation.
119	(6)(5)  "Specialist" means any person registered under s.
120	477.014(6) to practice one or more of the following specialties:
121	holding a specialty registration in one or more of the
122	specialties registered under this chapter.
123	(6)  "Specialty" means the practice of one or more of the
124	following:
125	(a)  Manicuring, or the cutting, polishing, tinting,
126	coloring, cleansing, adding, or extending of the nails, and
127	massaging of the hands. This term includes any procedure or
128	process for the affixing of artificial nails, except those nails
129	which may be applied solely by use of a simple adhesive.
130	(b)  Pedicuring, or the shaping, polishing, tinting, or
131	cleansing of the nails of the feet, and massaging or beautifying
132	of the feet.
133	(c)  Facials, or the massaging or treating of the face or
134	scalp with oils, creams, lotions, or other preparations, and
135	skin care services, which means the treatment of the skin of a
136	person's body, in addition to a person's head, face, and scalp,
137	by the use of a sponge, brush, cloth, or similar device to apply
138	or remove a chemical preparation or other substance without
139	involving massage, as defined in s. 480.033(3), except that
140	chemical peels may be removed by peeling an applied preparation
141	from the skin by hand.
142	(7)  "Shampooing" means the cleansing washing of the hair
143	with soap and water or with a special preparation, or applying
144	hair tonics.
145	(8)  "Specialty salon" means any place of business wherein
146	the practice of one or all of the specialties as defined in
147	subsection (6) are engaged in or carried on.
148	(8)(9)  "Hair braiding" means the weaving or interweaving
149	of a person's own natural human hair for compensation without
150	cutting, coloring, permanent waving, relaxing, removing, or
151	chemical treatment and does not include the use of hair
152	extensions or wefts.
153	(9)(10)  "Hair wrapping" means the wrapping of manufactured
154	materials around a strand or strands of human hair, for
155	compensation, without cutting, coloring, permanent waving,
156	relaxing, removing, weaving, chemically treating, braiding,
157	using hair extensions, or performing any other service defined
158	as cosmetology.
159	(10)(11)  "Photography studio salon" means an establishment
160	where the hair-arranging services and the application of
161	cosmetic products are performed solely for the purpose of
162	preparing the model or client for the photographic session
163	without shampooing, cutting, coloring, permanent waving,
164	relaxing, or removing of hair or performing any other service
165	defined as cosmetology.
166	(12)  "Body wrapping" means a treatment program that uses
167	herbal wraps for the purposes of cleansing and beautifying the
168	skin of the body, but does not include:
169	(a)  The application of oils, lotions, or other fluids to
170	the body, except fluids contained in presoaked materials used in
171	the wraps; or
172	(b)  Manipulation of the body's superficial tissue, other
173	than that arising from compression emanating from the wrap
174	materials.
175	(13)  "Skin care services" means the treatment of the skin
176	of the body, other than the head, face, and scalp, by the use of
177	a sponge, brush, cloth, or similar device to apply or remove a
178	chemical preparation or other substance, except that chemical
179	peels may be removed by peeling an applied preparation from the
180	skin by hand. Skin care services must be performed by a licensed
181	cosmetologist or facial specialist within a licensed cosmetology
182	or specialty salon, and such services may not involve massage,
183	as defined in s. 480.033(3), through manipulation of the
184	superficial tissue.
185	Section 2.  Section 477.0131, Florida Statutes, is created
186	to read:
187	477.0131  Hair technician, esthetician, nail technician,
188	and cosmetology licenses.--
189	(1)  A person who is otherwise qualified by this chapter
190	and who is authorized to practice all of the services listed in
191	s. 477.013(4)(a) shall be licensed as a hair technician.
192	(2)  A person who is otherwise qualified by this chapter
193	and who is authorized to practice all of the services listed in
194	s. 477.013(4)(b) shall be licensed as an esthetician.
195	(3)  A person who is otherwise qualified by this chapter
196	and who is authorized to practice all of the services listed in
197	s. 477.013(4)(c) shall be licensed as a nail technician.
198	(4)  A person who is otherwise qualified by this chapter
199	and who is authorized to practice all of the services listed in
200	s. 477.013(4) shall be licensed as a cosmetologist.
201	Section 3.  Section 477.0132, Florida Statutes, is amended
202	to read:
203	477.0132  Hair braiding, hair wrapping, and body wrapping
204	registration.--
205	(1)(a)  A person Persons whose occupation or practice is
206	confined solely to hair braiding shall must register with the
207	department, shall pay the applicable registration fee, and shall
208	take a two-day 16-hour course. The course shall be board
209	approved and consist of 5 hours of instruction in HIV/AIDS and
210	other communicable diseases, 5 hours of instruction in
211	sanitation and sterilization, 4 hours of instruction in
212	disorders and diseases of the scalp, and 2 hours of instruction
213	in studies regarding laws affecting hair braiding.
214	(2)(b)  A person Persons whose occupation or practice is
215	confined solely to hair wrapping shall must register with the
216	department, shall pay the applicable registration fee, and shall
217	take a one-day 6-hour course. The course shall be board approved
218	and consist of instruction education in HIV/AIDS and other
219	communicable diseases, sanitation and sterilization, disorders
220	and diseases of the scalp, and studies regarding laws affecting
221	hair wrapping.
222	(3)  A person holding a registration in body wrapping
223	before January 1, 2008, may continue to practice body wrapping
224	as described in s. 477.013(4)(b)6. The board shall adopt by rule
225	continuing education requirements for the renewal of body
226	wrapping registrations.
227	(c)  Unless otherwise licensed or exempted from licensure
228	under this chapter, any person whose occupation or practice is
229	body wrapping must register with the department, pay the
230	applicable registration fee, and take a two-day 12-hour course.
231	The course shall be board approved and consist of education in
232	HIV/AIDS and other communicable diseases, sanitation and
233	sterilization, disorders and diseases of the skin, and studies
234	regarding laws affecting body wrapping.
235	(4)(d)  Only the board may review, evaluate, and approve a
236	course and text required of an applicant for registration under
237	this section subsection in the occupation or practice of hair
238	braiding or, hair wrapping, or body wrapping. A provider of such
239	a course is not required to hold a license under chapter 1005.
240	(5)(2)  Hair braiding and, hair wrapping, and body wrapping
241	are not required to be practiced in a cosmetology salon or
242	specialty salon. When hair braiding or, hair wrapping, or body
243	wrapping is practiced outside a cosmetology salon or specialty
244	salon, disposable implements shall must be used or all
245	implements shall must be sanitized in a disinfectant approved
246	for hospital use or approved by the federal Environmental
247	Protection Agency.
248	(6)(3)  Pending issuance of registration, a person is
249	eligible to practice hair braiding or, hair wrapping, or body
250	wrapping upon submission of a registration application that
251	includes proof of successful completion of the education
252	requirements and payment of the applicable fees required by this
253	chapter.
254	Section 4.  Section 477.014, Florida Statutes, is amended
255	to read:
256	477.014  Qualifications for practice.--
257	(1)  On and after January 1, 2008, a 1979, no person who is
258	not other than a duly licensed or registered under this chapter
259	may not cosmetologist shall practice in any of the cosmetology
260	areas provided in s. 477.013(4) or use the name or title of
261	cosmetologist, hair technician, esthetician, or nail technician.
262	(2)  A person licensed or registered under this chapter on
263	or after January 1, 2008, may not practice or hold himself or
264	herself out as qualified to practice in an area in which he or
265	she is not specifically licensed or registered under this
266	chapter.
267	(3)  A cosmetologist licensed before January 1, 2008, may
268	perform all the services of a licensed cosmetologist as defined
269	in this chapter.
270	(4)  A facial specialist registered or enrolled in a
271	cosmetology school before January 1, 2008, may take the
272	examination for an esthetician license.
273	(5)  A manicure, pedicure, or nail extension specialist
274	registered or enrolled in a cosmetology school before January 1,
275	2008, may take the examination for a nail technician license.
276	(6)  A specialist registered under this chapter before
277	January 1, 2008, may continue to practice under the name of his
278	or her specialty registration without taking the respective
279	licensure examination. Renewal of all registrations, including a
280	full specialty registration that includes facial, manicure,
281	pedicure, and nail extension specialties, existing before
282	January 1, 2008, shall be accomplished pursuant to rules adopted
283	by the board.
284	Section 5.  Section 477.019, Florida Statutes, is amended
285	to read:
286	477.019  Cosmetologists; hair technicians; estheticians;
287	nail technicians; qualifications; licensure; supervised
288	practice; license renewal; endorsement; continuing education.--
289	(1)  A person desiring to be licensed in the field of
290	cosmetology as a cosmetologist shall apply to the department for
291	licensure.
292	(2)  An applicant is shall be eligible for licensure by
293	examination to practice cosmetology, hair technician services,
294	esthetician services, or nail technician services if the
295	applicant:
296	(a)  Is at least 16 years of age or has received a high
297	school diploma or graduate equivalency diploma or has passed an
298	ability-to-benefit test, which is an independently administered
299	test approved by the United States Secretary of Education as
300	provided in 20 U.S.C. s. 1091(d).;
301	(b)  Pays the required application fee, which is not
302	refundable, and the required examination fee, which is
303	refundable if the applicant is determined to not be eligible for
304	licensure for any reason other than failure to successfully
305	complete the licensure examination.; and
306	(c)1.  Is authorized to practice cosmetology in another
307	state or country, has been so authorized for at least 1 year,
308	and does not qualify for licensure by endorsement as provided
309	for in subsection (6); or
310	2.a.  Has received a minimum number of hours of training as
311	follows:
312	(I)  For a hair technician, 1,000 hours.
313	(II)  For an esthetician, 600 hours.
314	(III)  For a nail technician, 350 hours.
315	(IV)  For a cosmetologist, 1,800 hours.
316	b.  The training Has received a minimum of 1,200 hours of
317	training as established by the board, which shall include, but
318	need shall not be limited to, the equivalent of completion of
319	services directly related to the practice of cosmetology at one
320	of the following:
321	(I)a.  A school of cosmetology licensed pursuant to chapter
322	1005.
323	(II)b.  A cosmetology program within the public school
324	system.
325	(III)c.  The Cosmetology Division of the Florida School for
326	the Deaf and the Blind, provided the division meets the
327	standards of this chapter.
328	(IV)d.  A government-operated cosmetology program in this
329	state.
330	c.  A person who has enrolled and begun his or her
331	education before January 1, 2008, may take the examination to be
332	licensed as a cosmetologist upon completion of 1,200 hours of
333	education.
334	d.  A person who begins his or her education on or after
335	January 1, 2008, shall comply with the hour requirements in sub-
336	subparagraph a. in order to qualify to take his or her
337	respective examination.
338
339	The board shall establish by rule procedures whereby the school
340	or program may certify that a person is qualified to take the
341	required examination after the completion of a minimum of 1,000
342	actual school hours. If the person then passes the examination,
343	he or she shall have satisfied this requirement; but if the
344	person fails the examination, he or she shall not be qualified
345	to take the examination again until the completion of the full
346	requirements provided by this section.
347	(3)  Upon an applicant receiving a passing grade, as
348	established by board rule, on the examination and paying the
349	initial licensing fee, the department shall issue a license to
350	practice in the applicant's respective area of cosmetology
351	provided in s. 477.013(4).
352	(4)  After submitting a complete application to take the
353	first available examination for licensure as a cosmetologist,
354	hair technician, esthetician, or nail technician, a graduate of
355	a licensed cosmetology school or a program within the public
356	school system, which school or program is certified by the
357	Department of Education, is eligible to practice in the
358	graduate's respective area for a maximum period of 60 days,
359	provided such graduate practices under the supervision of a
360	professional licensed under this chapter in a licensed salon. A
361	graduate who fails to pass an examination the first time may
362	continue to practice under the supervision of a professional
363	licensed under this chapter in a licensed salon for an
364	additional 60-day period, provided the graduate applies for the
365	next available examination. A graduate may not continue to
366	practice under this subsection if the graduate fails the
367	examination twice. Following the completion of the first
368	licensing examination and pending the results of that
369	examination and issuance of a license to practice cosmetology,
370	graduates of licensed cosmetology schools or cosmetology
371	programs offered in public school systems, which schools or
372	programs are certified by the Department of Education, are
373	eligible to practice cosmetology, provided such graduates
374	practice under the supervision of a licensed cosmetologist in a
375	licensed cosmetology salon. A graduate who fails the first
376	examination may continue to practice under the supervision of a
377	licensed cosmetologist in a licensed cosmetology salon if the
378	graduate applies for the next available examination and until
379	the graduate receives the results of that examination. No
380	graduate may continue to practice under this subsection if the
381	graduate fails the examination twice.
382	(5)  Renewal of license registration shall be accomplished
383	pursuant to rules adopted by the board.
384	(6)  The board shall adopt rules specifying procedures for
385	the licensure by endorsement of practitioners desiring to be
386	licensed in this state who hold a current active license in
387	another state or country and who have met qualifications
388	substantially similar to, equivalent to, or greater than the
389	qualifications required of applicants from this state. For
390	purposes of this subsection, work experience may be substituted
391	for required educational hours in the amount and manner provided
392	by board rule.
393	(7)(a)  The board shall prescribe by rule continuing
394	education requirements for licensees and registered specialists
395	that intended to ensure the protection of the public through
396	updated training of licensees and registered specialists, not to
397	exceed 16 hours biennially, as a condition for renewal of a
398	license or registration as a specialist under this chapter.
399	Continuing education courses shall include, but not be limited
400	to, the following subjects as they relate to the practice of
401	cosmetology: HIV/AIDS human immunodeficiency virus and acquired
402	immune deficiency syndrome; Occupational Safety and Health
403	Administration regulations; workers' compensation issues; state
404	and federal laws and rules as they pertain to cosmetologists,
405	the practice of cosmetology, salons, specialists, specialty
406	salons, and booth renters; chemical makeup as it pertains to
407	hair, skin, and nails; and environmental issues. Courses given
408	at educational cosmetology conferences may be counted toward the
409	number of continuing education hours required if approved by the
410	board.
411	(b)  Any person whose occupation or practice is confined
412	solely to hair braiding or, hair wrapping, or body wrapping is
413	exempt from the continuing education requirements of this
414	subsection.
415	(c)  The board may, by rule, require any licensee in
416	violation of a continuing education requirement to take a
417	refresher course or refresher course and examination in addition
418	to any other penalty. The number of hours for the refresher
419	course may not exceed 48 hours.
420	Section 6.  Section 477.0212, Florida Statutes, is amended
421	to read:
422	477.0212  Inactive status.--
423	(1)  A cosmetologist's license issued under this chapter
424	that has become inactive may be reactivated under s. 477.019
425	upon application to the department.
426	(2)  The board shall adopt promulgate rules relating to
427	licenses that which have become inactive and for the renewal of
428	inactive licenses. The board shall prescribe by rule a fee not
429	to exceed $50 for the reactivation of an inactive license and a
430	fee not to exceed $50 for the renewal of an inactive license.
431	The board shall prescribe by rule the continuing education
432	requirements to be met prior to license renewal or reactivation.
433	Section 7.  Section 477.023, Florida Statutes, is amended
434	to read:
435	477.023  Schools of cosmetology; licensure.--A No private
436	school of cosmetology may not shall be permitted to operate
437	without a license issued by the Commission for Independent
438	Education pursuant to chapter 1005. However, this chapter does
439	not nothing herein shall be construed to prevent certification
440	by the Department of Education of grooming and salon services
441	and cosmetology training programs within the public school
442	system or to prevent government operation of any other program
443	of cosmetology in this state.
444	Section 8.  Section 477.025, Florida Statutes, is amended
445	to read:
446	477.025  Cosmetology salons; specialty Salons; requisites;
447	licensure; inspection; mobile cosmetology salons.--
448	(1)  No cosmetology salon or specialty salon shall be
449	permitted to operate without a license issued by the department
450	except as provided in subsection (11).
451	(2)  The board shall adopt rules governing the licensure
452	and operation of salons and specialty salons and their
453	facilities, personnel, and safety and sanitary requirements, and
454	the license application and granting process.
455	(3)  Any person, firm, or corporation desiring to operate a
456	cosmetology salon or specialty salon in the state shall submit
457	to the department a salon an application form upon forms
458	provided by the department, and accompanied by any relevant
459	information requested by the department, and by an application
460	fee.
461	(4)  Upon receiving the application, the department may
462	cause an investigation to be made of the proposed cosmetology
463	salon or specialty salon.
464	(5)  When an applicant fails to meet all the requirements
465	provided in this section herein, the department shall deny the
466	application in writing and shall list the specific requirements
467	not met. No applicant denied licensure because of failure to
468	meet the requirements of this section herein shall be precluded
469	from reapplying for licensure.
470	(6)  When the department determines that the proposed
471	cosmetology salon or specialty salon may reasonably be expected
472	to meet the requirements set forth in this section herein, the
473	department shall grant the license upon such conditions as it
474	shall deem proper under the circumstances and upon payment of
475	the original licensing fee.
476	(7)  No license for operation of a cosmetology salon or
477	specialty salon may be transferred from the name of the original
478	licensee to another. It may be transferred from one location to
479	another only upon approval by the department, which approval
480	shall not be unreasonably withheld.
481	(8)  Renewal of license registration for cosmetology salons
482	or specialty salons shall be accomplished pursuant to rules
483	adopted by the board. The board is further authorized to adopt
484	rules governing delinquent renewal of licenses and may impose
485	penalty fees for delinquent renewal.
486	(9)  The board is authorized to adopt rules governing the
487	periodic inspection of cosmetology salons and specialty salons
488	licensed under this chapter.
489	(10)(a)  The board shall adopt rules governing the
490	licensure, operation, and inspection of mobile cosmetology
491	salons, including their facilities, personnel, and safety and
492	sanitary requirements.
493	(b)  Each mobile salon must comply with all licensure and
494	operating requirements specified in this chapter or chapter 455
495	or rules of the board or department that apply to cosmetology
496	salons at fixed locations, except to the extent that such
497	requirements conflict with this subsection or rules adopted
498	pursuant to this subsection.
499	(c)  A mobile cosmetology salon must maintain a permanent
500	business address, located in the inspection area of the local
501	department office, at which records of appointments,
502	itineraries, license numbers of employees, and vehicle
503	identification numbers of the licenseholder's mobile salon shall
504	be kept and made available for verification purposes by
505	department personnel, and at which correspondence from the
506	department can be received.
507	(d)  To facilitate periodic inspections of mobile
508	cosmetology salons, prior to the beginning of each month, each
509	mobile salon licenseholder must file with the board a written
510	monthly itinerary listing the locations where and the dates and
511	hours when the mobile salon will be operating.
512	(e)  The board shall establish fees for mobile cosmetology
513	salons, not to exceed the fees for cosmetology salons at fixed
514	locations.
515	(f)  The operation of mobile cosmetology salons must be in
516	compliance with all local laws and ordinances regulating
517	business establishments, with all applicable requirements of the
518	Americans with Disabilities Act relating to accommodations for
519	persons with disabilities, and with all applicable OSHA
520	requirements.
521	(11)  Facilities licensed under part II of chapter 400 or
522	under part I of chapter 429 are exempt from this section, and a
523	cosmetologist licensed pursuant to s. 477.019 may provide salon
524	services exclusively for facility residents.
525	Section 9.  Section 477.026, Florida Statutes, is amended
526	to read:
527	477.026  Fees; disposition.--
528	(1)  The board shall set fees according to the following
529	schedule:
530	(a)  For hair technicians, estheticians, nail technicians,
531	or cosmetologists, fees for original licensing, license renewal,
532	and delinquent renewal may shall not exceed $25.
533	(b)  For hair technicians, estheticians, nail technicians,
534	or cosmetologists, fees for endorsement application,
535	examination, and reexamination may shall not exceed $50.
536	(c)  For cosmetology and specialty salons, fees for license
537	application, original licensing, license renewal, and delinquent
538	renewal may shall not exceed $50.
539	(d)  For specialists, fees for application and endorsement
540	registration shall not exceed $30.
541	(d)(e)  For specialists, fees for initial registration,
542	registration renewal, and delinquent renewal may shall not
543	exceed $50.
544	(e)(f)  For hair braiders and, hair wrappers, and body
545	wrappers, fees for registration may shall not exceed $25.
546	(2)  All moneys collected by the department from fees
547	authorized by this chapter shall be paid into the Professional
548	Regulation Trust Fund, which fund is created in the department,
549	and shall be applied in accordance with ss. 215.37 and 455.219.
550	The Legislature may appropriate any excess moneys from this fund
551	to the General Revenue Fund.
552	(3)  The department, with the advice of the board, shall
553	prepare and submit a proposed budget in accordance with law.
554	Section 10.  Section 477.0263, Florida Statutes, is amended
555	to read:
556	477.0263  Cosmetology or specialty services to be performed
557	in licensed salon; exceptions exception.--
558	(1)  Cosmetology or specialty services shall be performed
559	only by licensed cosmetologists, hair technicians, estheticians,
560	or nail technicians or registered specialists in licensed
561	salons, except as otherwise provided in this section.
562	(2)  Pursuant to rules established by the board,
563	cosmetology or specialty services may be performed by a licensed
564	cosmetologist, hair technician, esthetician, or nail technician
565	or a registered specialist in a location other than a licensed
566	salon, including, but not limited to, a nursing home, hospital,
567	or residence, when a client for reasons of ill health is unable
568	to go to a licensed salon. Arrangements for the performance of
569	such cosmetology or specialty services in a location other than
570	a licensed salon shall be made only through a licensed salon.
571	(3)  Any person who holds a valid cosmetology license in
572	any state or who is authorized to practice cosmetology in any
573	country, territory, or jurisdiction of the United States may
574	perform cosmetology services in a location other than a licensed
575	salon when such services are performed in connection with the
576	motion picture, fashion photography, theatrical, or television
577	industry; a photography studio salon; a manufacturer trade show
578	demonstration; a department store demonstration; or an
579	educational seminar.
580	(4)  Pursuant to rules established by the board,
581	cosmetology, hair technician, esthetician, nail technician, or
582	specialty services may be performed in a location other than a
583	licensed salon when such services are performed in connection
584	with a special event and are performed by a person who is
585	employed by a licensed salon and who holds the proper license or
586	specialty registration. An appointment for the performance of
587	such services in a location other than a licensed salon shall be
588	made through a licensed salon.
589	Section 11.  Section 477.0265, Florida Statutes, is amended
590	to read:
591	477.0265  Prohibited acts.--
592	(1)  It is unlawful for any person to:
593	(a)  Engage in the practice of cosmetology or a specialty
594	without an active license in the field of cosmetology as a
595	cosmetologist or registration as a specialist issued by the
596	department pursuant to the provisions of this chapter.
597	(b)  Own, operate, maintain, open, establish, conduct, or
598	have charge of, either alone or with another person or persons,
599	a cosmetology salon or specialty salon:
600	1.  That Which is not licensed under the provisions of this
601	chapter; or
602	2.  In which a person not licensed in the field of
603	cosmetology or registered as a cosmetologist or a specialist is
604	permitted to perform cosmetology services or any specialty.
605	(c)  Engage in willful or repeated violations of this
606	chapter or of any rule adopted by the board.
607	(d)  Permit an employed person to engage in the practice of
608	cosmetology or of a specialty unless such person holds a valid,
609	active license in the field of cosmetology as a cosmetologist or
610	a registration as a specialist.
611	(e)  Obtain or attempt to obtain a license or registration
612	for money, other than the required fee, or any other thing of
613	value or by fraudulent misrepresentations.
614	(f)  Use or attempt to use a license to practice in the
615	field of cosmetology or a registration to practice a specialty,
616	which license or registration is suspended or revoked.
617	(g)  Advertise or imply that skin care services or body
618	wrapping, as performed under this chapter, has have any
619	relationship to the practice of massage therapy as defined in s.
620	480.033(3), except those practices or activities defined in s.
621	477.013.
622	(h)  In the practice of cosmetology or specialty services,
623	use or possess a cosmetic product containing a liquid nail
624	monomer containing any trace of methyl methacrylate (MMA).
625	(2)  Any person who violates any provision of this section
626	commits a misdemeanor of the second degree, punishable as
627	provided in s. 775.082 or s. 775.083.
628	Section 12.  Section 477.028, Florida Statutes, is amended
629	to read:
630	477.028  Disciplinary proceedings.--
631	(1)  The board may shall have the power to revoke or
632	suspend the license of a cosmetologist, hair technician,
633	esthetician, or nail technician licensed under this chapter, or
634	the registration of a specialist registered under this chapter,
635	and may to reprimand, censure, deny subsequent licensure or
636	registration of, or otherwise discipline a cosmetologist, hair
637	technician, esthetician, nail technician, or a specialist
638	licensed or registered under this chapter in any of the
639	following cases:
640	(a)  Upon proof that a license or registration has been
641	obtained by fraud or misrepresentation.
642	(b)  Upon proof that the holder of a license or
643	registration is guilty of fraud or deceit or of gross
644	negligence, incompetency, or misconduct in the practice or
645	instruction of cosmetology or a specialty.
646	(c)  Upon proof that the holder of a license or
647	registration is guilty of aiding, assisting, procuring, or
648	advising any unlicensed person to practice in the field of
649	cosmetology as a cosmetologist.
650	(2)  The board may shall have the power to revoke or
651	suspend the license of a cosmetology salon or a specialty salon
652	licensed under this chapter;, to deny subsequent licensure of
653	such salon;, or to reprimand, censure, or otherwise discipline
654	the owner of such salon in either of the following cases:
655	(a)  Upon proof that a license has been obtained by fraud
656	or misrepresentation.
657	(b)  Upon proof that the holder of a license is guilty of
658	fraud or deceit or of gross negligence, incompetency, or
659	misconduct in the operation of the salon so licensed.
660	(3)  Disciplinary proceedings shall be conducted pursuant
661	to the provisions of chapter 120.
662	(4)  The department may shall not issue or renew a license
663	or certificate of registration under this chapter to any person
664	against whom or salon against which the board has assessed a
665	fine, interest, or costs associated with investigation and
666	prosecution until the person or salon has paid in full such
667	fine, interest, or costs associated with investigation and
668	prosecution or until the person or salon complies with or
669	satisfies all terms and conditions of the final order.
670	Section 13.  Section 477.029, Florida Statutes, is amended
671	to read:
672	477.029  Penalty.--
673	(1)  It is unlawful for any person to:
674	(a)  Hold himself or herself out as a cosmetologist, hair
675	technician, esthetician, nail technician, specialist, hair
676	wrapper, hair braider, or body wrapper unless duly licensed or
677	registered, or otherwise authorized, as provided in this
678	chapter.
679	(b)  Operate any cosmetology salon unless it has been duly
680	licensed as provided in this chapter.
681	(c)  Permit an employed person to practice cosmetology or a
682	specialty unless duly licensed or registered, or otherwise
683	authorized, as provided in this chapter.
684	(d)  Present as his or her own the license of another.
685	(e)  Give false or forged evidence to the department in
686	obtaining any license provided for in this chapter.
687	(f)  Impersonate any other licenseholder of like or
688	different name.
689	(g)  Use or attempt to use a license that has been revoked.
690	(h)  Violate any provision of s. 455.227(1), s. 477.0265,
691	or s. 477.028.
692	(i)  Violate or refuse to comply with any provision of this
693	chapter or chapter 455 or a rule or final order of the board or
694	the department.
695	(2)  Any person who violates the provisions of this section
696	is shall be subject to one or more of the following penalties,
697	as determined by the board:
698	(a)  Revocation or suspension of any license or
699	registration issued pursuant to this chapter.
700	(b)  Issuance of a reprimand or censure.
701	(c)  Imposition of an administrative fine not to exceed
702	$500 for each count or separate offense.
703	(d)  Placement on probation for a period of time and
704	subject to such reasonable conditions as the board may specify.
705	(e)  Refusal to certify to the department an applicant for
706	licensure.
707	Section 14.  Section 477.0201, Florida Statutes, is
708	repealed.
709	Section 15.  This act shall take effect January 1, 2008.

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