CS/CS/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.; revising requirements relating
11	to hair braiding, hair wrapping, and body wrapping
12	registration, including certain course requirements;
13	specifying that only the Board of Cosmetology may review,
14	evaluate, and approve required text; amending s. 477.014,
15	F.S.; revising requirements for qualification to practice
16	under ch. 477, F.S.; authorizing current specialists to
17	sit for licensure examinations in certain circumstances;
18	providing for the renewal of current specialty
19	registrations; amending s. 477.019, F.S.; revising
20	qualification, education, licensure and renewal,
21	supervised practice, and endorsement requirements for
22	cosmetologist licenses to include and differentiate
23	qualification, education, licensure and renewal,
24	supervised practice, and endorsement requirements for hair
25	technician, esthetician, and nail technician licenses;
26	requiring the board to adopt certain procedures relating
27	to licensure by endorsement; amending s. 477.0212, F.S.;
28	requiring the board to adopt certain rules relating to
29	license renewal or continuing education; amending s.
30	477.023, F.S.; stipulating that the Department of
31	Education is not prevented from issuing grooming and salon
32	services certification; creating s. 477.0231, F.S.;
33	providing for the selection and placement of cosmetology
34	interns; requiring a school program to provide written
35	notice to the board regarding the internship sponsor and
36	the cosmetology intern; providing requirements and duties
37	of the internship sponsor; requiring a cosmetology salon
38	to post notice regarding services of a student intern;
39	requiring a cosmetology intern to possess written
40	authorization to practice cosmetology; requiring the board
41	to establish education prerequisites for cosmetology
42	internships; authorizing the board to terminate an
43	internship of a cosmetology intern or the sponsorship of a
44	internship sponsor; requiring the board to give notice of
45	termination; amending s. 477.025, F.S., relating to
46	cosmetology and specialty salons, requisites, licensure,
47	inspection, and mobile cosmetology salons, to conform;
48	amending s. 477.026, F.S.; revising fee provisions to
49	conform; providing a fee limit for internship sponsor
50	registration; amending s. 477.0263, F.S., to conform;
51	specifying circumstances under which cosmetology or
52	specialty services may be practiced outside of a licensed
53	salon; amending s. 477.0265, F.S., relating to prohibited
54	acts, to conform; amending s. 477.028, F.S., relating to
55	disciplinary proceedings, to conform; amending s. 477.029,
56	F.S., relating to penalties, to conform; repealing s.
57	477.0201, F.S., relating to specialty registration,
58	qualifications, registration renewal, and endorsement;
59	providing an appropriation; providing effective dates.
60
61	Be It Enacted by the Legislature of the State of Florida:
62
63	Section 1.  Section 477.013, Florida Statutes, is amended
64	to read:
65	477.013  Definitions.--As used in this chapter, the term:
66	(1)  "Board" means the Board of Cosmetology.
67	(2)  "Department" means the Department of Business and
68	Professional Regulation.
69	(3)  "Cosmetologist" means a person who is licensed to
70	engage in the practice of all cosmetology services in this state
71	under the authority of this chapter, including hair technician
72	services, esthetician services, and nail technician services, or
73	a person who is licensed prior to July 1, 2008, to engage in the
74	practice of cosmetology in this state.
75	(4)  "Cosmetology" means the practice of performing or
76	offering to perform for compensation any of the following
77	services for aesthetic rather than medical purposes:
78	(a)  Hair technician services, which are:
79	1.  Treating a person's hair by:
80	a.  Providing any method of treatment as a primary service,
81	including arranging, beautifying, lightening, cleansing,
82	coloring, cutting, dressing, processing, shampooing, shaping,
83	singeing, straightening, styling, tinting, or waving;
84	b.  Providing a necessary service that is preparatory or
85	ancillary to a service under sub-subparagraph a., including
86	clipping, cutting, or trimming; or
87	c.  Cutting a person's hair as a separate and independent
88	service for which a charge is directly or indirectly made
89	separately from charges for any other service.
90	2.  Weaving or braiding a person's hair.
91	3.  Shampooing and conditioning a person's hair.
92	4.  Servicing a person's wig or artificial hairpiece on
93	that person's head in any manner listed in subparagraph 1.
94	5.  Treating a person's mustache or beard by coloring,
95	processing, styling, or trimming.
96	(b)  Esthetician services, which are:
97	1.  Cleansing, exfoliating, or stimulating a person's skin
98	by hand or by using a mechanical device, apparatus, or appliance
99	with the use of any cosmetic preparation, antiseptic, lotion,
100	powder, oil, clay, cream, or appliance.
101	2.  Beautifying a person's skin using a cosmetic
102	preparation, antiseptic, lotion, powder, oil, clay, cream, or
103	appliance.
104	3.  Administering facial treatments.
105	4.  Removing superfluous hair from a person's body using
106	depilatories, threading, waxing, sugaring, or tweezing.
107	5.  Tinting eyebrows or eyelashes with products
108	manufactured specifically for eyebrows or eyelashes.
109	6.  Body wrapping, which is a treatment program that uses
110	wraps for the purposes of cleansing and beautifying a person's
111	skin for aesthetic rather than medical or weight-loss purposes
112	and is the application of oils, lotions, or other fluids to the
113	body using wraps. Body wrapping does not include manipulation of
114	the body's superficial tissue, other than that resulting from
115	the application of the wrap materials.
116	7.  Submersing parts of the body in a bath of clay, oils,
117	lotions, or other fluids.
118	(c)  Nail technician services, which are:
119	1.  Treating a person's nails by:
120	a.  Cutting, trimming, polishing, painting, printing,
121	tinting, coloring, cleansing, manicuring, or pedicuring; or
122	b.  Affixing artificial nails, extensions, or capping.
123	2.  Cleansing, treating, or beautifying a person's
124	forearms, hands, legs below the knee, or feet mechanical or
125	chemical treatment of the head, face, and scalp for aesthetic
126	rather than medical purposes, including, but not limited to,
127	hair shampooing, hair cutting, hair arranging, hair coloring,
128	permanent waving, and hair relaxing for compensation. This term
129	also includes performing hair removal, including wax treatments,
130	manicures, pedicures, and skin care services.
131	(5)  "Salon" means a place of business where the practice
132	of one or more cosmetology or specialty services are offered or
133	performed for compensation.
134	(6)(5)  "Specialist" means any person registered under s.
135	477.014(6) to practice one or more of the following specialties:
136	holding a specialty registration in one or more of the
137	specialties registered under this chapter.
138	(6)  "Specialty" means the practice of one or more of the
139	following:
140	(a)  Manicuring, or the cutting, polishing, tinting,
141	coloring, cleansing, adding, or extending of the nails, and
142	massaging of the hands. This term includes any procedure or
143	process for the affixing of artificial nails, except those nails
144	which may be applied solely by use of a simple adhesive.
145	(b)  Pedicuring, or the shaping, polishing, tinting, or
146	cleansing of the nails of the feet, and massaging or beautifying
147	of the feet.
148	(c)  Facials, or the massaging or treating of the face or
149	scalp with oils, creams, lotions, or other preparations, and
150	skin care services, which means the treatment of the skin of a
151	person's body, in addition to a person's head, face, and scalp,
152	by the use of a sponge, brush, cloth, or similar device to apply
153	or remove a chemical preparation or other substance without
154	involving massage, as defined in s. 480.033(3), except that
155	chemical peels may be removed by peeling an applied preparation
156	from the skin by hand.
157	(7)  "Shampooing" means the cleansing washing of the hair
158	with soap and water or with a special preparation, or applying
159	hair tonics.
160	(8)  "Specialty salon" means any place of business wherein
161	the practice of one or all of the specialties as defined in
162	subsection (6) are engaged in or carried on.
163	(8)(9)  "Hair braiding" means the weaving or interweaving
164	of a person's own natural human hair for compensation without
165	cutting, coloring, permanent waving, relaxing, removing, or
166	chemical treatment and does not include the use of hair
167	extensions or wefts.
168	(9)(10)  "Hair wrapping" means the wrapping of manufactured
169	materials around a strand or strands of human hair, for
170	compensation, without cutting, coloring, permanent waving,
171	relaxing, removing, weaving, chemically treating, braiding,
172	using hair extensions, or performing any other service defined
173	as cosmetology.
174	(10)(11)  "Photography studio salon" means an establishment
175	where the hair-arranging services and the application of
176	cosmetic products are performed solely for the purpose of
177	preparing the model or client for the photographic session
178	without shampooing, cutting, coloring, permanent waving,
179	relaxing, or removing of hair or performing any other service
180	defined as cosmetology.
181	(11)  "Cosmetology intern" means a student enrolled in an
182	1,800-hour cosmetology program participating in an optional work
183	experience internship under the direct supervision of a licensed
184	cosmetologist in a licensed salon.
185	(12)  "Internship sponsor" means a licensed cosmetologist
186	registered with the board for the purpose of supervising a
187	cosmetology intern and ensuring compliance by the intern with
188	the laws and rules of this state and the internship requirements
189	established by the board and administered through the school or
190	program.
191	(12)  "Body wrapping" means a treatment program that uses
192	herbal wraps for the purposes of cleansing and beautifying the
193	skin of the body, but does not include:
194	(a)  The application of oils, lotions, or other fluids to
195	the body, except fluids contained in presoaked materials used in
196	the wraps; or
197	(b)  Manipulation of the body's superficial tissue, other
198	than that arising from compression emanating from the wrap
199	materials.
200	(13)  "Skin care services" means the treatment of the skin
201	of the body, other than the head, face, and scalp, by the use of
202	a sponge, brush, cloth, or similar device to apply or remove a
203	chemical preparation or other substance, except that chemical
204	peels may be removed by peeling an applied preparation from the
205	skin by hand. Skin care services must be performed by a licensed
206	cosmetologist or facial specialist within a licensed cosmetology
207	or specialty salon, and such services may not involve massage,
208	as defined in s. 480.033(3), through manipulation of the
209	superficial tissue.
210	Section 2.  Section 477.0131, Florida Statutes, is created
211	to read:
212	477.0131  Hair technician, esthetician, nail technician,
213	and cosmetology licenses.--
214	(1)  A person who is otherwise qualified by this chapter
215	and who is authorized to practice all of the services listed in
216	s. 477.013(4)(a) shall be licensed as a hair technician.
217	(2)  A person who is otherwise qualified by this chapter
218	and who is authorized to practice all of the services listed in
219	s. 477.013(4)(b) shall be licensed as an esthetician.
220	(3)  A person who is otherwise qualified by this chapter
221	and who is authorized to practice all of the services listed in
222	s. 477.013(4)(c) shall be licensed as a nail technician.
223	(4)  A person who is otherwise qualified by this chapter
224	and who is authorized to practice all of the services listed in
225	s. 477.013(4) shall be licensed as a cosmetologist.
226	Section 3.  Section 477.0132, Florida Statutes, is amended
227	to read:
228	477.0132  Hair braiding, hair wrapping, and body wrapping
229	registration.--
230	(1)(a)  A person Persons whose occupation or practice is
231	confined solely to hair braiding shall must register with the
232	department, shall pay the applicable registration fee, and shall
233	take a two-day 16-hour course. The course shall be board
234	approved and consist of 5 hours of instruction in HIV/AIDS and
235	other communicable diseases, 5 hours of instruction in
236	sanitation and sterilization, 4 hours of instruction in
237	disorders and diseases of the scalp, and 2 hours of instruction
238	in studies regarding laws affecting hair braiding.
239	(2)(b)  A person Persons whose occupation or practice is
240	confined solely to hair wrapping shall must register with the
241	department, shall pay the applicable registration fee, and shall
242	take a one-day 6-hour course. The course shall be board approved
243	and consist of instruction education in HIV/AIDS and other
244	communicable diseases, sanitation and sterilization, disorders
245	and diseases of the scalp, and studies regarding laws affecting
246	hair wrapping.
247	(3)(c)  Unless otherwise licensed or exempted from
248	licensure under this chapter, any person whose occupation or
249	practice is confined solely to body wrapping must register with
250	the department, pay the applicable registration fee, and take a
251	40-hour two-day 12-hour course. The course shall be board
252	approved and include, but not be limited to, instruction in body
253	systems, contraindications, consist of education in HIV/AIDS and
254	other communicable diseases, sanitation and sterilization,
255	disorders and diseases of the skin, and studies regarding laws
256	affecting body wrapping.
257	(4)(d)  Only the board may review, evaluate, and approve a
258	course and text required of an applicant for registration under
259	this section subsection in the occupation or practice of hair
260	braiding, hair wrapping, or body wrapping. A provider of such a
261	course is not required to hold a license under chapter 1005.
262	(5)(2)  Hair braiding, hair wrapping, and body wrapping are
263	not required to be practiced in a cosmetology salon or specialty
264	salon. When hair braiding, hair wrapping, or body wrapping is
265	practiced outside a cosmetology salon or specialty salon,
266	disposable implements shall must be used or all implements shall
267	must be sanitized in a disinfectant approved for hospital use or
268	approved by the federal Environmental Protection Agency.
269	(6)(3)  Pending issuance of registration, a person is
270	eligible to practice hair braiding, hair wrapping, or body
271	wrapping upon submission of a registration application that
272	includes proof of successful completion of the education
273	requirements and payment of the applicable fees required by this
274	chapter.
275	Section 4.  Section 477.014, Florida Statutes, is amended
276	to read:
277	477.014  Qualifications for practice.--
278	(1)  On and after July January 1, 2008, a 1979, no person
279	who is not other than a duly licensed or registered under this
280	chapter may not cosmetologist shall practice in any of the
281	cosmetology areas provided in s. 477.013(4) or use the name or
282	title of cosmetologist, hair technician, esthetician, or nail
283	technician.
284	(2)  A person licensed or registered under this chapter on
285	or after July 1, 2008, may not practice or hold himself or
286	herself out as qualified to practice in an area in which he or
287	she is not specifically licensed or registered under this
288	chapter.
289	(3)  A cosmetologist licensed before July 1, 2008, may
290	perform all the services of a licensed cosmetologist as defined
291	in this chapter.
292	(4)  A facial specialist registered or enrolled in a
293	cosmetology school before July 1, 2008, may take the examination
294	for an esthetician license.
295	(5)  A manicure, pedicure, or nail extension specialist
296	registered or enrolled in a cosmetology school before July 1,
297	2008, may take the examination for a nail technician license.
298	(6)  A specialist registered under this chapter before July
299	1, 2008, may continue to practice under the name of his or her
300	specialty registration without taking the respective licensure
301	examination. Renewal of all registrations, including a full
302	specialty registration that includes facial, manicure, pedicure,
303	and nail extension specialties, existing before July 1, 2008,
304	shall be accomplished pursuant to rules adopted by the board.
305	Section 5.  Section 477.019, Florida Statutes, is amended
306	to read:
307	477.019  Cosmetologists; hair technicians; estheticians;
308	nail technicians; qualifications; licensure; supervised
309	practice; license renewal; endorsement; continuing education.--
310	(1)  A person desiring to be licensed in the field of
311	cosmetology as a cosmetologist shall apply to the department for
312	licensure.
313	(2)  An applicant is shall be eligible for licensure by
314	examination to practice cosmetology, hair technician services,
315	esthetician services, or nail technician services if the
316	applicant:
317	(a)  Is at least 16 years of age or has received a high
318	school diploma or graduate equivalency diploma or has passed an
319	ability-to-benefit test, which is an independently administered
320	test approved by the United States Secretary of Education as
321	provided in 20 U.S.C. s. 1091(d).;
322	(b)  Pays the required application fee, which is not
323	refundable, and the required examination fee, which is
324	refundable if the applicant is determined to not be eligible for
325	licensure for any reason other than failure to successfully
326	complete the licensure examination.; and
327	(c)1.  Is authorized to practice cosmetology in another
328	state or country, has been so authorized for at least 1 year,
329	and does not qualify for licensure by endorsement as provided
330	for in subsection (6); or
331	2.a.  Has received a minimum number of hours of training as
332	follows:
333	(I)  For a hair technician, 1,000 hours.
334	(II)  For an esthetician, 600 hours.
335	(III)  For a nail technician, 350 hours.
336	(IV)  For a cosmetologist, 1,800 hours.
337	b.  The training Has received a minimum of 1,200 hours of
338	training as established by the board, which shall include, but
339	need shall not be limited to, the equivalent of completion of
340	services directly related to the practice of cosmetology at one
341	of the following:
342	(I)a.  A school of cosmetology licensed pursuant to chapter
343	1005.
344	(II)b.  A cosmetology program within the public school
345	system.
346	(III)c.  The Cosmetology Division of the Florida School for
347	the Deaf and the Blind, provided the division meets the
348	standards of this chapter.
349	(IV)d.  A government-operated cosmetology program in this
350	state.
351	c.  A person who has enrolled and begun his or her
352	education before July 1, 2008, may take the examination to be
353	licensed as a cosmetologist upon completion of 1,200 hours of
354	education.
355	d.  A person who begins his or her education on or after
356	July 1, 2008, shall comply with the hour requirements in sub-
357	subparagraph a. in order to qualify to take his or her
358	respective examination.
359
360	The board shall establish by rule procedures whereby the school
361	or program may certify that a person is qualified to take the
362	required examination after the completion of a minimum of 1,000
363	actual school hours. If the person then passes the examination,
364	he or she shall have satisfied this requirement; but if the
365	person fails the examination, he or she shall not be qualified
366	to take the examination again until the completion of the full
367	requirements provided by this section.
368	(3)  Upon an applicant receiving a passing grade, as
369	established by board rule, on the examination and paying the
370	initial licensing fee, the department shall issue a license to
371	practice in the applicant's respective area of cosmetology
372	provided in s. 477.013(4).
373	(4)  After submitting a complete application to take the
374	first available examination for licensure as a cosmetologist,
375	hair technician, esthetician, or nail technician, a graduate of
376	a licensed cosmetology school or a program within the public
377	school system, which school or program is certified by the
378	Department of Education, is eligible to practice in the
379	graduate's respective area for a maximum period of 60 days,
380	provided such graduate practices under the supervision of a
381	professional licensed under this chapter in a licensed salon. A
382	graduate who fails to pass an examination the first time may
383	continue to practice under the supervision of a professional
384	licensed under this chapter in a licensed salon for an
385	additional 60-day period, provided the graduate applies for the
386	next available examination. A graduate may not continue to
387	practice under this subsection if the graduate fails the
388	examination twice. Following the completion of the first
389	licensing examination and pending the results of that
390	examination and issuance of a license to practice cosmetology,
391	graduates of licensed cosmetology schools or cosmetology
392	programs offered in public school systems, which schools or
393	programs are certified by the Department of Education, are
394	eligible to practice cosmetology, provided such graduates
395	practice under the supervision of a licensed cosmetologist in a
396	licensed cosmetology salon. A graduate who fails the first
397	examination may continue to practice under the supervision of a
398	licensed cosmetologist in a licensed cosmetology salon if the
399	graduate applies for the next available examination and until
400	the graduate receives the results of that examination. No
401	graduate may continue to practice under this subsection if the
402	graduate fails the examination twice.
403	(5)  Renewal of license registration shall be accomplished
404	pursuant to rules adopted by the board.
405	(6)  The board shall adopt rules specifying procedures for
406	the licensure by endorsement of practitioners desiring to be
407	licensed in this state who hold a current active license in
408	another state or country and who have met qualifications
409	substantially similar to, equivalent to, or greater than the
410	qualifications required of applicants from this state. For
411	purposes of this subsection, work experience may be substituted
412	for required educational hours in the amount and manner provided
413	by board rule.
414	(7)(a)  The board shall prescribe by rule continuing
415	education requirements for licensees and registered specialists
416	that intended to ensure the protection of the public through
417	updated training of licensees and registered specialists, not to
418	exceed 16 hours biennially, as a condition for renewal of a
419	license or registration as a specialist under this chapter.
420	Continuing education courses shall include, but not be limited
421	to, the following subjects as they relate to the practice of
422	cosmetology: HIV/AIDS human immunodeficiency virus and acquired
423	immune deficiency syndrome; Occupational Safety and Health
424	Administration regulations; workers' compensation issues; state
425	and federal laws and rules as they pertain to cosmetologists,
426	the practice of cosmetology, salons, specialists, specialty
427	salons, and booth renters; chemical makeup as it pertains to
428	hair, skin, and nails; and environmental issues. Courses given
429	at educational cosmetology conferences may be counted toward the
430	number of continuing education hours required if approved by the
431	board.
432	(b)  Any person whose occupation or practice is confined
433	solely to hair braiding, hair wrapping, or body wrapping is
434	exempt from the continuing education requirements of this
435	subsection.
436	(c)  The board may, by rule, require any licensee in
437	violation of a continuing education requirement to take a
438	refresher course or refresher course and examination in addition
439	to any other penalty. The number of hours for the refresher
440	course may not exceed 48 hours.
441	Section 6.  Section 477.0212, Florida Statutes, is amended
442	to read:
443	477.0212  Inactive status.--
444	(1)  A cosmetologist's license issued under this chapter
445	that has become inactive may be reactivated under s. 477.019
446	upon application to the department.
447	(2)  The board shall adopt promulgate rules relating to
448	licenses that which have become inactive and for the renewal of
449	inactive licenses. The board shall prescribe by rule a fee not
450	to exceed $50 for the reactivation of an inactive license and a
451	fee not to exceed $50 for the renewal of an inactive license.
452	The board shall prescribe by rule the continuing education
453	requirements to be met prior to license renewal or reactivation.
454	Section 7.  Section 477.023, Florida Statutes, is amended
455	to read:
456	477.023  Schools of cosmetology; licensure.--A No private
457	school of cosmetology may not shall be permitted to operate
458	without a license issued by the Commission for Independent
459	Education pursuant to chapter 1005. However, this chapter does
460	not nothing herein shall be construed to prevent certification
461	by the Department of Education of grooming and salon services
462	and cosmetology training programs within the public school
463	system or to prevent government operation of any other program
464	of cosmetology in this state.
465	Section 8.  Section 477.0231, Florida Statutes, is created
466	to read:
467	477.0231  Cosmetology internships.--
468	(1)  The selection and placement of cosmetology interns
469	shall be determined by the cosmetology school or program. The
470	school or program shall determine whether a student is eligible
471	to become a cosmetology intern and whether an internship sponsor
472	meets the requirements for its educational objectives. The
473	school program, on behalf of the student, shall provide written
474	notice to the board that an internship sponsor has been selected
475	and name the cosmetology intern to be supervised. The school or
476	program shall determine the length and schedule of an individual
477	cosmetology internship, but such internship may not exceed 12
478	months. Internships shall not substitute or take the place of
479	educational or licensure requirements.
480	(2)  Each internship sponsor shall obtain approval from a
481	school or cosmetology program and shall register with the board
482	before accepting placement of each cosmetology intern. The
483	application for registration must include the name and contact
484	person of the school or program placing the intern, the names
485	and addresses of the internship sponsor, and other information
486	that the board requires.
487	(3)  The internship sponsor must have an active license and
488	shall actively supervise the cosmetology intern in the practice
489	of cosmetology pursuant to rules established by the board. A
490	cosmetology intern may only practice within the field of
491	cosmetology in which he or she is engaged in the course of
492	study. The internship sponsor shall ensure that the cosmetology
493	intern is complying with the laws and rules governing
494	cosmetology and is complying with the educational objectives and
495	guidelines established by the cosmetology school or program and
496	the board.
497	(4)  All services provided by the cosmetology intern shall
498	be expressly approved by the internship sponsor and contracted
499	for by the internship sponsor. The internship sponsor shall
500	ensure that the public is clearly informed that the cosmetology
501	intern is not a licensed cosmetologist.
502	(5)  Pursuant to rules established by the board, the
503	cosmetology salon in which a cosmetology intern is engaged in
504	the practice of cosmetology shall post notice in a conspicuous
505	manner within the salon indicating that a student intern is
506	providing services on the premises.
507	(6)  While engaged in the practice of cosmetology, a
508	cosmetology intern shall possess written documentation of his or
509	her authorization to engage in the practice of cosmetology from
510	the student's cosmetology school or program and shall furnish
511	such documentation to the department before engaging in the
512	practice of cosmetology and upon request by department
513	personnel.
514	(7)  The board shall establish by rule the education
515	prerequisites for cosmetology internships, including the minimum
516	number of hours of classroom instruction and required course
517	work. The board shall establish by rule the number of permitted
518	cosmetology internships per internship sponsor, the minimum and
519	maximum number of internship hours, and the recommended
520	educational objectives and guidelines for an internship program
521	in a cosmetology school or program.
522	(8)  The board may terminate the internship of any
523	cosmetology intern and the sponsorship of any internship sponsor
524	for a violation of the laws and rules governing cosmetology and
525	board rules governing internships. The board shall provide
526	notice of termination of an internship to the internship
527	sponsor, the cosmetology school or program, and the cosmetology
528	intern. In the case of a terminated cosmetology internship, the
529	school or program shall determine the educational status of the
530	cosmetology intern.
531	Section 9.  Section 477.025, Florida Statutes, is amended
532	to read:
533	477.025  Cosmetology salons; specialty Salons; requisites;
534	licensure; inspection; mobile cosmetology salons.--
535	(1)  No cosmetology salon or specialty salon shall be
536	permitted to operate without a license issued by the department
537	except as provided in subsection (11).
538	(2)  The board shall adopt rules governing the licensure
539	and operation of salons and specialty salons and their
540	facilities, personnel, and safety and sanitary requirements, and
541	the license application and granting process.
542	(3)  Any person, firm, or corporation desiring to operate a
543	cosmetology salon or specialty salon in the state shall submit
544	to the department a salon an application form upon forms
545	provided by the department, and accompanied by any relevant
546	information requested by the department, and by an application
547	fee.
548	(4)  Upon receiving the application, the department may
549	cause an investigation to be made of the proposed cosmetology
550	salon or specialty salon.
551	(5)  When an applicant fails to meet all the requirements
552	provided in this section herein, the department shall deny the
553	application in writing and shall list the specific requirements
554	not met. No applicant denied licensure because of failure to
555	meet the requirements of this section herein shall be precluded
556	from reapplying for licensure.
557	(6)  When the department determines that the proposed
558	cosmetology salon or specialty salon may reasonably be expected
559	to meet the requirements set forth in this section herein, the
560	department shall grant the license upon such conditions as it
561	shall deem proper under the circumstances and upon payment of
562	the original licensing fee.
563	(7)  No license for operation of a cosmetology salon or
564	specialty salon may be transferred from the name of the original
565	licensee to another. It may be transferred from one location to
566	another only upon approval by the department, which approval
567	shall not be unreasonably withheld.
568	(8)  Renewal of license registration for cosmetology salons
569	or specialty salons shall be accomplished pursuant to rules
570	adopted by the board. The board is further authorized to adopt
571	rules governing delinquent renewal of licenses and may impose
572	penalty fees for delinquent renewal.
573	(9)  The board is authorized to adopt rules governing the
574	periodic inspection of cosmetology salons and specialty salons
575	licensed under this chapter.
576	(10)(a)  The board shall adopt rules governing the
577	licensure, operation, and inspection of mobile cosmetology
578	salons, including their facilities, personnel, and safety and
579	sanitary requirements.
580	(b)  Each mobile salon must comply with all licensure and
581	operating requirements specified in this chapter or chapter 455
582	or rules of the board or department that apply to cosmetology
583	salons at fixed locations, except to the extent that such
584	requirements conflict with this subsection or rules adopted
585	pursuant to this subsection.
586	(c)  A mobile cosmetology salon must maintain a permanent
587	business address, located in the inspection area of the local
588	department office, at which records of appointments,
589	itineraries, license numbers of employees, and vehicle
590	identification numbers of the licenseholder's mobile salon shall
591	be kept and made available for verification purposes by
592	department personnel, and at which correspondence from the
593	department can be received.
594	(d)  To facilitate periodic inspections of mobile
595	cosmetology salons, prior to the beginning of each month, each
596	mobile salon licenseholder must file with the board a written
597	monthly itinerary listing the locations where and the dates and
598	hours when the mobile salon will be operating.
599	(e)  The board shall establish fees for mobile cosmetology
600	salons, not to exceed the fees for cosmetology salons at fixed
601	locations.
602	(f)  The operation of mobile cosmetology salons must be in
603	compliance with all local laws and ordinances regulating
604	business establishments, with all applicable requirements of the
605	Americans with Disabilities Act relating to accommodations for
606	persons with disabilities, and with all applicable OSHA
607	requirements.
608	(11)  Facilities licensed under part II of chapter 400 or
609	under part I of chapter 429 are exempt from this section, and a
610	cosmetologist licensed pursuant to s. 477.019 may provide salon
611	services exclusively for facility residents.
612	Section 10.  Section 477.026, Florida Statutes, is amended
613	to read:
614	477.026  Fees; disposition.--
615	(1)  The board shall set fees according to the following
616	schedule:
617	(a)  For hair technicians, estheticians, nail technicians,
618	or cosmetologists, fees for original licensing, license renewal,
619	and delinquent renewal may shall not exceed $25.
620	(b)  For hair technicians, estheticians, nail technicians,
621	or cosmetologists, fees for endorsement application,
622	examination, and reexamination may shall not exceed $50.
623	(c)  For cosmetology and specialty salons, fees for license
624	application, original licensing, license renewal, and delinquent
625	renewal may shall not exceed $50.
626	(d)  For specialists, fees for application and endorsement
627	registration shall not exceed $30.
628	(d)(e)  For specialists, fees for initial registration,
629	registration renewal, and delinquent renewal may shall not
630	exceed $50.
631	(e)(f)  For hair braiders, hair wrappers, and body
632	wrappers, fees for registration may shall not exceed $25.
633	(f)  For internship sponsors, fees for registration may not
634	exceed $30.
635	(2)  All moneys collected by the department from fees
636	authorized by this chapter shall be paid into the Professional
637	Regulation Trust Fund, which fund is created in the department,
638	and shall be applied in accordance with ss. 215.37 and 455.219.
639	The Legislature may appropriate any excess moneys from this fund
640	to the General Revenue Fund.
641	(3)  The department, with the advice of the board, shall
642	prepare and submit a proposed budget in accordance with law.
643	Section 11.  Section 477.0263, Florida Statutes, is amended
644	to read:
645	477.0263  Cosmetology or specialty services to be performed
646	in licensed salon; exceptions exception.--
647	(1)  Cosmetology or specialty services shall be performed
648	only by licensed cosmetologists or a cosmetologist intern
649	supervised by a licensed cosmetologist, hair technicians,
650	estheticians, or nail technicians or registered specialists in
651	licensed salons, except as otherwise provided in this section.
652	(2)  Pursuant to rules established by the board,
653	cosmetology or specialty services may be performed by a licensed
654	cosmetologist, hair technician, esthetician, or nail technician
655	or a registered specialist in a location other than a licensed
656	salon, including, but not limited to, a nursing home, hospital,
657	or residence, when a client for reasons of ill health is unable
658	to go to a licensed salon. Arrangements for the performance of
659	such cosmetology or specialty services in a location other than
660	a licensed salon shall be made only through a licensed salon.
661	(3)  Any person who holds a valid cosmetology license in
662	any state or who is authorized to practice cosmetology in any
663	country, territory, or jurisdiction of the United States may
664	perform cosmetology services in a location other than a licensed
665	salon when such services are performed in connection with the
666	motion picture, fashion photography, theatrical, or television
667	industry; a photography studio salon; a manufacturer trade show
668	demonstration; a department store demonstration; or an
669	educational seminar.
670	(4)  Pursuant to rules established by the board,
671	cosmetology, hair technician, esthetician, nail technician, or
672	specialty services may be performed in a location other than a
673	licensed salon when such services are performed in connection
674	with a special event and are performed by a person who is
675	employed by a licensed salon and who holds the proper license or
676	specialty registration. An appointment for the performance of
677	such services in a location other than a licensed salon shall be
678	made through a licensed salon.
679	Section 12.  Section 477.0265, Florida Statutes, is amended
680	to read:
681	477.0265  Prohibited acts.--
682	(1)  It is unlawful for any person to:
683	(a)  Engage in the practice of cosmetology or a specialty
684	without an active license in the field of cosmetology unless
685	authorized as a cosmetologist intern or registration as a
686	specialist issued by the department pursuant to the provisions
687	of this chapter.
688	(b)  Own, operate, maintain, open, establish, conduct, or
689	have charge of, either alone or with another person or persons,
690	a cosmetology salon or specialty salon:
691	1.  That Which is not licensed under the provisions of this
692	chapter; or
693	2.  In which a person not licensed in the field of
694	cosmetology or registered as a cosmetologist or a specialist or
695	authorized as a cosmetologist intern is permitted to perform
696	cosmetology services or any specialty.
697	(c)  Engage in willful or repeated violations of this
698	chapter or of any rule adopted by the board.
699	(d)  Permit an employed person to engage in the practice of
700	cosmetology or of a specialty unless such person holds a valid,
701	active license in the field of cosmetology or is authorized as a
702	cosmetologist intern under this chapter and supervised by a
703	licensed cosmetologist or holds a registration as a specialist.
704	(e)  Obtain or attempt to obtain a license or registration
705	for money, other than the required fee, or any other thing of
706	value or by fraudulent misrepresentations.
707	(f)  Use or attempt to use a license to practice in the
708	field of cosmetology or a registration to practice a specialty,
709	which license or registration is suspended or revoked.
710	(g)  Advertise or imply that skin care services or body
711	wrapping, as performed under this chapter, has have any
712	relationship to the practice of massage therapy as defined in s.
713	480.033(3), except those practices or activities defined in s.
714	477.013.
715	(h)  In the practice of cosmetology or specialty services,
716	use or possess a cosmetic product containing a liquid nail
717	monomer containing any trace of methyl methacrylate (MMA).
718	(2)  Any person who violates any provision of this section
719	commits a misdemeanor of the second degree, punishable as
720	provided in s. 775.082 or s. 775.083.
721	Section 13.  Section 477.028, Florida Statutes, is amended
722	to read:
723	477.028  Disciplinary proceedings.--
724	(1)  The board may shall have the power to revoke or
725	suspend the license of a cosmetologist, hair technician,
726	esthetician, or nail technician licensed under this chapter, or
727	the registration of a specialist registered under this chapter,
728	and may to reprimand, censure, deny subsequent licensure or
729	registration of, or otherwise discipline a cosmetologist, hair
730	technician, esthetician, nail technician, or a specialist
731	licensed or registered under this chapter in any of the
732	following cases:
733	(a)  Upon proof that a license or registration has been
734	obtained by fraud or misrepresentation.
735	(b)  Upon proof that the holder of a license or
736	registration is guilty of fraud or deceit or of gross
737	negligence, incompetency, or misconduct in the practice or
738	instruction of cosmetology or a specialty.
739	(c)  Upon proof that the holder of a license or
740	registration is guilty of aiding, assisting, procuring, or
741	advising any unlicensed person to practice in the field of
742	cosmetology as a cosmetologist.
743	(2)  The board may shall have the power to revoke or
744	suspend the license of a cosmetology salon or a specialty salon
745	licensed under this chapter;, to deny subsequent licensure of
746	such salon;, or to reprimand, censure, or otherwise discipline
747	the owner of such salon in either of the following cases:
748	(a)  Upon proof that a license has been obtained by fraud
749	or misrepresentation.
750	(b)  Upon proof that the holder of a license is guilty of
751	fraud or deceit or of gross negligence, incompetency, or
752	misconduct in the operation of the salon so licensed.
753	(3)  Disciplinary proceedings shall be conducted pursuant
754	to the provisions of chapter 120.
755	(4)  The department may shall not issue or renew a license
756	or certificate of registration under this chapter to any person
757	against whom or salon against which the board has assessed a
758	fine, interest, or costs associated with investigation and
759	prosecution until the person or salon has paid in full such
760	fine, interest, or costs associated with investigation and
761	prosecution or until the person or salon complies with or
762	satisfies all terms and conditions of the final order.
763	Section 14.  Section 477.029, Florida Statutes, is amended
764	to read:
765	477.029  Penalty.--
766	(1)  It is unlawful for any person to:
767	(a)  Hold himself or herself out as a cosmetologist, hair
768	technician, esthetician, nail technician, specialist, hair
769	wrapper, hair braider, or body wrapper unless duly licensed or
770	registered, or otherwise authorized, as provided in this
771	chapter.
772	(b)  Operate any cosmetology salon unless it has been duly
773	licensed as provided in this chapter.
774	(c)  Permit an employed person to practice cosmetology or a
775	specialty unless duly licensed or registered, or otherwise
776	authorized, as provided in this chapter.
777	(d)  Present as his or her own the license of another.
778	(e)  Give false or forged evidence to the department in
779	obtaining any license provided for in this chapter.
780	(f)  Impersonate any other licenseholder of like or
781	different name.
782	(g)  Use or attempt to use a license that has been revoked.
783	(h)  Violate any provision of s. 455.227(1), s. 477.0265,
784	or s. 477.028.
785	(i)  Violate or refuse to comply with any provision of this
786	chapter or chapter 455 or a rule or final order of the board or
787	the department.
788	(2)  Any person who violates the provisions of this section
789	is shall be subject to one or more of the following penalties,
790	as determined by the board:
791	(a)  Revocation or suspension of any license or
792	registration issued pursuant to this chapter.
793	(b)  Issuance of a reprimand or censure.
794	(c)  Imposition of an administrative fine not to exceed
795	$500 for each count or separate offense.
796	(d)  Placement on probation for a period of time and
797	subject to such reasonable conditions as the board may specify.
798	(e)  Refusal to certify to the department an applicant for
799	licensure.
800	Section 15.  Section 477.0201, Florida Statutes, is
801	repealed.
802	Section 16.  Effective upon this act becoming a law, for
803	fiscal year 2007-2008, the sum of $60,149 in nonrecurring funds
804	from the Administrative Trust Fund is appropriated to the
805	Department of Business and Professional Regulation to carry out
806	the central-service administrative support functions related to
807	the licensing provisions of this act.
808	Section 17.  Except as otherwise expressly provided in this
809	act, this act shall take effect July 1, 2008.

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