| 1 | A bill to be entitled | 
| 2 | An act relating to barbering; amending s. 476.034, F.S.; | 
| 3 | defining the terms "barbering intern" and "internship | 
| 4 | sponsor"; creating s. 476.145, F.S.; providing for the | 
| 5 | selection and placement of barbering interns; requiring a | 
| 6 | school of barbering or a barbering program to provide | 
| 7 | written notice to the Barbers' Board regarding the | 
| 8 | internship sponsor and the barbering intern; providing | 
| 9 | requirements and duties of the internship sponsor; | 
| 10 | requiring a barbershop to post notice regarding services | 
| 11 | of a student intern; requiring a barbering intern to | 
| 12 | possess written authorization to practice barbering; | 
| 13 | requiring the board to establish education prerequisites | 
| 14 | for barbering internships; authorizing the board to | 
| 15 | terminate an internship of a barbering intern or the | 
| 16 | sponsorship of a internship sponsor; requiring the board | 
| 17 | to give notice of termination; amending s. 476.188, F.S.; | 
| 18 | authorizing barber services to be provided by barbering | 
| 19 | interns; amending s. 476.192, F.S.; providing a limit on | 
| 20 | the registration fee for internship sponsors; amending s. | 
| 21 | 476.194, F.S.; providing penalties related to the practice | 
| 22 | of barbering by, or hiring of, an unauthorized barbering | 
| 23 | intern; providing an effective date. | 
| 24 | 
 | 
| 25 | Be It Enacted by the Legislature of the State of Florida: | 
| 26 | 
 | 
| 27 | Section 1.  Section 476.034, Florida Statutes, is amended | 
| 28 | to read: | 
| 29 | 476.034  Definitions.--As used in this act: | 
| 30 | (1)  "Barber" means a person who is licensed to engage in | 
| 31 | the practice of barbering in this state under the authority of | 
| 32 | this chapter. | 
| 33 | (2)  "Barbering" means any of the following practices when | 
| 34 | done for remuneration and for the public, but not when done for | 
| 35 | the treatment of disease or physical or mental ailments: | 
| 36 | shaving, cutting, trimming, coloring, shampooing, arranging, | 
| 37 | dressing, curling, or waving the hair or beard or applying oils, | 
| 38 | creams, lotions, or other preparations to the face, scalp, or | 
| 39 | neck, either by hand or by mechanical appliances. | 
| 40 | (3)  "Barbering intern" means a student enrolled in a | 
| 41 | 1,200-hour barbering program who participates in an optional | 
| 42 | work-experience internship under the direct supervision of a | 
| 43 | licensed barber in a licensed barbershop. | 
| 44 | (4) (3)"Barbershop" means any place of business wherein | 
| 45 | the practice of barbering is carried on. | 
| 46 | (5) (4)"Board" means the Barbers' Board. | 
| 47 | (6) (5)"Department" means the Department of Business and | 
| 48 | Professional Regulation. | 
| 49 | (7)  "Internship sponsor" means a licensed barber | 
| 50 | registered with the board for the purpose of supervising a | 
| 51 | barbering intern and ensuring compliance by the intern with the | 
| 52 | laws and rules of this state and the internship requirements | 
| 53 | established by the board and administered through a school of | 
| 54 | barbering or a barbering program. | 
| 55 | Section 2.  Section 476.145, Florida Statutes, is created | 
| 56 | to read: | 
| 57 | 476.145  Barbering internships.-- | 
| 58 | (1)  The selection and placement of barbering interns shall | 
| 59 | be determined by the school of barbering or the barbering | 
| 60 | program. The school or program shall determine whether a student | 
| 61 | is eligible to become a barbering intern and whether an | 
| 62 | internship sponsor meets the requirements for its educational | 
| 63 | objectives. The school or program, on behalf of the student, | 
| 64 | shall provide written notice to the board that an internship | 
| 65 | sponsor has been selected and name the barbering intern to be | 
| 66 | supervised. The school or program shall determine the length and | 
| 67 | schedule of an individual barbering internship, but such | 
| 68 | internship may not exceed 12 months. Internships may not | 
| 69 | substitute or take the place of educational or licensure | 
| 70 | requirements. | 
| 71 | (2)  Each internship sponsor shall obtain approval from a | 
| 72 | school of barbering or barbering program and shall register with | 
| 73 | the board before accepting placement of each barbering intern. | 
| 74 | The application for registration must include the name and | 
| 75 | contact person of the school or program placing the intern, the | 
| 76 | name and address of the internship sponsor, and other | 
| 77 | information that the board requires. | 
| 78 | (3)  The internship sponsor must have an active license and | 
| 79 | shall actively supervise the barbering intern in the practice of | 
| 80 | barbering pursuant to rules established by the board. A | 
| 81 | barbering intern may practice only within the field of barbering | 
| 82 | in which he or she is engaged in the course of study. The | 
| 83 | internship sponsor shall ensure that the barbering intern is | 
| 84 | complying with the laws and rules governing barbering and is | 
| 85 | complying with the educational objectives and guidelines | 
| 86 | established by the school of barbering or the barbering program | 
| 87 | and the board. | 
| 88 | (4)  All services provided by the barbering intern shall be | 
| 89 | expressly approved by the internship sponsor and contracted for | 
| 90 | by the internship sponsor. The internship sponsor shall ensure | 
| 91 | that the public is clearly informed that the barbering intern is | 
| 92 | not a licensed barber. | 
| 93 | (5)  Pursuant to rules established by the board, the | 
| 94 | barbershop in which a barbering intern is engaged in the | 
| 95 | practice of barbering shall post notice in a conspicuous manner | 
| 96 | within the barbershop indicating that a student intern is | 
| 97 | providing services on the premises. | 
| 98 | (6)  A barbering intern shall possess written documentation | 
| 99 | of his or her authorization to engage in the practice of | 
| 100 | barbering from the student's school of barbering or barbering | 
| 101 | program and shall furnish such documentation to the department | 
| 102 | before engaging in the practice of barbering and upon request by | 
| 103 | department personnel. | 
| 104 | (7)  The board shall establish by rule the education | 
| 105 | prerequisites for barbering internships, including the minimum | 
| 106 | number of hours of classroom instruction and required course | 
| 107 | work. The board shall establish by rule the number of permitted | 
| 108 | barbering internships per internship sponsor, the minimum and | 
| 109 | maximum number of internship hours, and the recommended | 
| 110 | educational objectives and guidelines for an internship program | 
| 111 | in a school of barbering or barbering program. | 
| 112 | (8)  The board may terminate the internship of any | 
| 113 | barbering intern and the sponsorship of any internship sponsor | 
| 114 | for a violation of the laws and rules governing barbering and | 
| 115 | board rules governing internships. The board shall provide | 
| 116 | notice of termination of an internship to the internship | 
| 117 | sponsor, the school of barbering or barbering program, and the | 
| 118 | barbering intern. In the case of a terminated barbering | 
| 119 | internship, the school or program shall determine the | 
| 120 | educational status of the barbering intern. | 
| 121 | Section 3.  Subsection (1) of section 476.188, Florida | 
| 122 | Statutes, is amended to read: | 
| 123 | 476.188  Barber services to be performed in registered | 
| 124 | barbershop; exception.-- | 
| 125 | (1)  Barber services shall be performed only by a licensed | 
| 126 | barber or a barbering intern supervised by a licensed barber | 
| 127 | barbersin a registered barbershopbarbershops, except as | 
| 128 | otherwise provided in this section. | 
| 129 | Section 4.  Section 476.192, Florida Statutes, is amended | 
| 130 | to read: | 
| 131 | 476.192  Fees; disposition.-- | 
| 132 | (1)  The board shall set by rule fees according to the | 
| 133 | following schedule: | 
| 134 | (a)  For barbers, fees for original licensing, license | 
| 135 | renewal, and delinquent renewal may shallnot exceed $100. | 
| 136 | (b)  For barbers, fees for endorsement application, | 
| 137 | examination, and reexamination may shallnot exceed $150. | 
| 138 | (c)  For barbershops, fees for license application, | 
| 139 | original licensing, license renewal, and delinquent renewal may | 
| 140 | shallnot exceed $150. | 
| 141 | (d)  For duplicate licenses and certificates, fees may | 
| 142 | shallnot exceed $25. | 
| 143 | (e)  For internship sponsors, fees for registration may not | 
| 144 | exceed $30. | 
| 145 | (2)  All moneys collected by the department from fees | 
| 146 | authorized by this chapter shall be paid into the Professional | 
| 147 | Regulation Trust Fund in the department and shall be applied in | 
| 148 | accordance with ss. 215.37 and 455.219. | 
| 149 | (3)  The Legislature may appropriate any excess moneys from | 
| 150 | this fund to the General Revenue Fund. | 
| 151 | Section 5.  Section 476.194, Florida Statutes, is amended | 
| 152 | to read: | 
| 153 | 476.194  Prohibited acts.-- | 
| 154 | (1)  It is unlawful for any person to: | 
| 155 | (a)  Engage in the practice of barbering as a barbering | 
| 156 | intern without authorization or without an active licenseas a | 
| 157 | barber without an active license issued pursuant to the | 
| 158 | provisions of this act by the department. | 
| 159 | (b)  Engage in willful or repeated violations of this act | 
| 160 | or of any of the rules adopted by the board. | 
| 161 | (c)  Hire or employ any person to engage in the practice of | 
| 162 | barbering unless such person holds a valid license as a barber | 
| 163 | or is authorized as a barbering intern under this chapter and | 
| 164 | supervised by a licensed barber. | 
| 165 | (d)  Obtain or attempt to obtain a license for money other | 
| 166 | than the required fee or any other thing of value or by | 
| 167 | fraudulent misrepresentations. | 
| 168 | (e)  Own, operate, maintain, open, establish, conduct, or | 
| 169 | have charge of, either alone or with another person or persons, | 
| 170 | a barbershop: | 
| 171 | 1.  Which is not licensed under the provisions of this | 
| 172 | chapter; or | 
| 173 | 2.  In which a person who is not licensed as a barber or | 
| 174 | authorized as a barbering intern as a barberis permitted to | 
| 175 | perform services. | 
| 176 | (f)  Use or attempt to use a license to practice barbering | 
| 177 | when the saidlicense is suspended or revoked. | 
| 178 | (2)  Any person who violates any provision of this section | 
| 179 | commits is guilty ofa misdemeanor of the second degree, | 
| 180 | punishable as provided in s. 775.082 or s. 775.083. | 
| 181 | Section 6.  This act shall take effect July 1, 2009. |