HB 729

1
A bill to be entitled
2An act relating to the practice of tattooing; creating s.
3381.00771, F.S.; defining terms; creating s. 381.00773,
4F.S.; prohibiting the practice of tattooing except by a
5person licensed or registered by the Department of Health;
6requiring tattoo artists to complete an education course
7and pass an examination; providing for the licensure of
8tattoo artists and the registration of guest tattoo
9artists licensed in jurisdictions outside of this state;
10creating s. 381.00775, F.S.; exempting certain personnel
11who perform tattooing for medical or dental purposes from
12regulation under specified provisions; creating s.
13381.00777, F.S.; requiring the licensure of permanent
14tattoo establishments and temporary establishments;
15creating s. 381.00779, F.S.; providing practice
16requirements for tattoo artists, guest tattoo artists,
17tattoo establishments, and temporary establishments;
18creating s. 381.00781, F.S.; providing for fees for
19initial licensure or registration and the renewal or
20reactivation thereof; authorizing the adjustment of fees
21according to inflation or deflation; creating s.
22381.00783, F.S.; specifying acts that constitute grounds
23for which the department may take disciplinary action;
24providing penalties; creating s. 381.00785, F.S.;
25requiring the department to adopt rules to administer the
26act; creating s. 381.00787, F.S.; providing penalties for
27certain violations involving the practice of tattooing;
28transferring, renumbering, and amending s. 877.04, F.S.;
29prohibiting the tattooing of a minor child except under
30certain circumstances; providing penalties; creating s.
31381.00791, F.S.; providing that specified provisions do
32not preempt certain local laws and ordinances; deferring
33imposition of the licensure and registration requirements
34until a specified date; providing an effective date.
35
36Be It Enacted by the Legislature of the State of Florida:
37
38     Section 1.  Section 381.00771, Florida Statutes, is created
39to read:
40     381.00771  Definitions of terms used in ss. 381.00771-
41381.00791.-As used in ss. 381.00771-381.00791, the term:
42     (1)  "Active license or registration" means a current
43license or registration issued by the department that is not
44suspended or revoked.
45     (2)  "Department" means the Department of Health.
46     (3)  "Guest tattoo artist" means a person who is licensed,
47registered, or certified to practice tattooing in a jurisdiction
48outside of this state who is registered with the department to
49practice tattooing in this state.
50     (4)  "Operator" means a person designated by a tattoo
51establishment or temporary establishment to control the
52operation of the establishment.
53     (5)  "Stop-use order" means a written notice from the
54department to a licensee or registrant requiring him or her to
55remove any tattooing equipment or supplies or cease conducting
56any particular procedures because the equipment or supplies are
57not being used or the procedures are not being conducted in
58accordance with ss. 381.00771-381.00791 or any rule adopted
59under those sections.
60     (6)  "Tattoo" means a mark or design made on or under the
61skin by a process of piercing and ingraining a pigment, dye, or
62ink in the skin.
63     (7)  "Tattoo artist" means a person licensed under ss.
64381.00771-381.00791 to practice tattooing.
65     (8)  "Tattoo establishment" means any permanent location,
66place, area, structure, or business where tattooing is
67performed.
68     (9)  "Temporary establishment" means any location, place,
69area, or structure where tattooing is performed during, and in
70conjunction with, a convention or other similar event that does
71not exceed 14 consecutive days.
72     Section 2.  Section 381.00773, Florida Statutes, is created
73to read:
74     381.00773  Tattoo artists; licensure; registration of guest
75tattoo artists.-
76     (1)  Effective July 1, 2011, except as provided in s.
77381.00775, a person may not tattoo the body of any human being
78in this state unless the person is licensed as a tattoo artist
79or registered as a guest tattoo artist under this section.
80     (2)(a)  A person seeking licensure as a tattoo artist must
81apply to the department in the format prescribed by the
82department. An application must include:
83     1.  The name and residence address of the applicant.
84     2.  The name and street address of each tattoo
85establishment and temporary establishment at which the applicant
86intends to practice tattooing in this state.
87     (b)  Effective July 1, 2011, the department shall issue a
88license to an applicant who:
89     1.  Is 18 years of age or older.
90     2.  Submits a completed application.
91     3.  Pays the applicable license fee established in s.
92381.00781.
93     4.  Submits proof of successful completion of an education
94course approved by the department on blood-borne pathogens and
95communicable diseases.
96     5.  Submits proof of passage of an examination approved by
97the department on the material presented in the education
98course.
99     (c)  The department shall approve one or more education
100courses and examinations which shall allow a person to complete
101the requirements of subparagraphs (b)4. and 5. in person or
102through an Internet website.
103     (d)  A tattoo artist must, within 30 days after a change,
104notify the department of any change in the following information
105disclosed in his or her most recent application for issuance or
106renewal of his or her tattoo artist license in the format
107prescribed by the department:
108     1.  The name and residence address of the tattoo artist.
109     2.  The name and street address of each tattoo
110establishment in this state at which the tattoo artist has
111practiced tattooing for more than 14 days since the most recent
112renewal of his or her tattoo artist license or, if the license
113has not been renewed, since the licensed was issued.
114     (3)(a)  A person seeking registration as a guest tattoo
115artist must register with the department in the format
116prescribed by the department. An application must include:
117     1.  The name and residence address of the applicant.
118     2.  The name and street address of each tattoo
119establishment and temporary establishment at which the applicant
120will practice under the guest tattoo artist registration.
121     (b)  Effective July 1, 2011, the department shall issue a
122guest tattoo artist registration to an applicant who:
123     1.  Is 18 years of age or older.
124     2.  Submits a completed application.
125     3.  Pays the applicable registration fee established in s.
126381.00781.
127     4.  Holds an active license, registration, or certification
128issued by a jurisdiction outside of this state, whether by
129another state, the District of Columbia, any possession or
130territory of the United States, or any foreign jurisdiction, if:
131     a.  The education and examination requirements of the
132license, registration, or certification substantially meet or
133exceed the requirements of subparagraphs (2)(b)4. and 5.; or
134     b.  The applicant submits proof of successful completion of
135an education course approved by the department under
136subparagraph (2)(b)4. and proof of passage of an examination
137approved by the department under subparagraph (2)(b)5.
138     (4)(a)  A tattoo artist license is valid for 1 year and
139must be renewed annually.
140     (b)  A guest tattoo artist registration is valid for 14
141days. A guest tattoo artist may reregister before or after
142expiration of his or her current registration.
143     (5)  A license or registration issued by the department
144under this section is not transferable.
145     Section 3.  Section 381.00775, Florida Statutes, is created
146to read:
147     381.00775  Application of ss. 381.00771-381.00791;
148exemption.-Except for s. 381.00789, which applies to all
149persons, ss. 381.00771-381.00791 do not apply to a person
150licensed to practice medicine or dentistry under chapter 458,
151chapter 459, or chapter 466 who performs tattooing exclusively
152for medical or dental purposes.
153     Section 4.  Section 381.00777, Florida Statutes, is created
154to read:
155     381.00777  Tattoo establishments; licensure; temporary
156establishments.-
157     (1)  Effective July 1, 2011:
158     (a)  Except as provided in s. 381.00775, a person may not
159tattoo the body of any human being in this state except in a
160tattoo establishment or temporary establishment licensed under
161this section.
162     (b)  A person may not operate a tattoo establishment or
163temporary establishment in this state unless the establishment
164is licensed under this section.
165     (2)  A person seeking licensure of a tattoo establishment
166must apply to the department in the format prescribed by the
167department. An application must include:
168     (a)  The fictitious or business name and any other name
169under which the tattoo establishment conducts business in
170this state.
171     (b)  The street address and telephone number of the tattoo
172establishment. A license is valid only for the location listed
173in the license. A tattoo establishment must notify the
174department in the format prescribed by the department before any
175change of the licensed location. A tattoo establishment with
176more than one location must obtain a separate license for each
177location.
178     (c)  The name, mailing address, and telephone number of the
179tattoo establishment's operator.
180     (d)  The name and address of the tattoo establishment's
181registered agent for service of process in the state.
182     (3)  Effective July 1, 2011, the department shall issue a
183tattoo establishment license to an applicant, if:
184     (a)  The applicant submits a completed application.
185     (b)  The applicant pays the applicable license fee
186established in s. 381.00781.
187     (c)  The establishment complies with all applicable local
188building, occupational, zoning, and health codes.
189     (4)  A temporary establishment must meet the same
190requirements for licensure as a permanent tattoo establishment.
191     (5)(a)  A tattoo establishment license is valid for 1 year
192and must be renewed annually.
193     (b)  A temporary establishment license is valid for the
194duration of the convention or other similar event for which the
195license is issued not to exceed 14 consecutive days.
196     (6)  A license issued by the department under this section
197is not transferable.
198     Section 5.  Section 381.00779, Florida Statutes, is created
199to read:
200     381.00779  Practice requirements.-
201     (1)  A tattoo establishment or temporary establishment
202must:
203     (a)  Display an active license for the establishment in a
204manner that is easily visible to the public at all times while
205tattooing is performed in the establishment.
206     (b)  Ensure that each tattoo artist and guest tattoo
207artist, while practicing tattooing in the establishment, meets
208all applicable requirements of ss. 381.00771-381.00791.
209     (c)  Maintain sanitary conditions at all times in the
210establishment.
211     (d)  Comply with all state and local health codes and
212ordinances.
213     (e)  Allow periodic inspections and enforcement by
214authorized agents of the department.
215     (2)  A tattoo artist or guest tattoo artist must:
216     (a)  Display his or her active license in a manner that is
217easily visible to the public at all times while practicing
218tattooing.
219     (b)  Practice tattooing exclusively in an establishment
220licensed under ss. 381.00771-381.00791.
221     (c)  Maintain sanitary conditions at all times in an
222establishment.
223     (d)  Comply with all state and local health codes and
224ordinances.
225     (3)  A tattoo artist or guest tattoo artist may tattoo the
226body of a minor child only to the extent authorized in s.
227381.00789. A tattoo establishment or temporary establishment
228must keep, for the period prescribed by the department, each
229written notarized consent submitted under s. 381.00789(2)(c) by
230the parent or legal guardian of a minor child who is tattooed in
231the establishment.
232     Section 6.  Section 381.00781, Florida Statutes, is created
233to read:
234     381.00781  Fees; disposition.-
235     (1)  The department shall establish by rule the following
236fees:
237     (a)  Fee for the initial licensure of a tattoo
238establishment and the renewal of such license, which, except as
239provided in subsection (2), may not exceed $250 per year.
240     (b)  Fee for licensure of a temporary establishment, which,
241except as provided in subsection (2), may not exceed $250.
242     (c)  Fee for the initial licensure of a tattoo artist and
243the renewal of such license, which, except as provided in
244subsection (2), may not exceed $150 per year.
245     (d)  Fee for registration or reregistration of a guest
246tattoo artist, which, except as provided in subsection (2), may
247not exceed $45.
248     (e)  Fee for reactivation of an inactive tattoo
249establishment license or tattoo artist license. A license
250becomes inactive if it is not renewed before the expiration of
251the current license.
252     (2)  The department may annually adjust the maximum fees
253authorized under subsection (1) according to the rate of
254inflation or deflation indicated by the Consumer Price Index for
255All Urban Consumers, U.S. City Average, All Items, as reported
256by the United States Department of Labor.
257     Section 7.  Section 381.00783, Florida Statutes, is created
258to read:
259     381.00783  Grounds for discipline; administrative
260penalties.-
261     (1)  The following acts constitute grounds for which
262disciplinary action specified in subsection (2) may be taken by
263the department against any tattoo establishment, temporary
264establishment, tattoo artist, guest tattoo artist, operator of a
265tattoo establishment, or unlicensed person engaged in activities
266regulated under ss. 381.00771-381.00791:
267     (a)  Providing false information on an application for
268licensure or registration.
269     (b)  Violating a state or local health code or ordinance.
270     (c)  Violating any provision of ss. 381.00771-381.00791,
271rule adopted under those sections, or lawful order of the
272department.
273     (d)  Being found guilty of or pleading nolo contendere to,
274regardless of adjudication, a crime in any jurisdiction which
275relates to the practice of tattooing or the operation of a
276tattoo establishment or temporary establishment.
277     (e)  Committing fraud, deceit, negligence, or misconduct in
278the practice of tattooing or the operation of a tattoo
279establishment or temporary establishment.
280     (f)  Aiding, procuring, or assisting a person to unlawfully
281practice tattooing or unlawfully operate a tattoo establishment
282or temporary establishment.
283     (g)  Failing to keep the written notarized consent of the
284parent or legal guardian of a minor child who is tattooed in a
285tattoo establishment or temporary establishment for the period
286specified pursuant to s. 381.00779(3) or knowingly making false
287entries in a parent's or legal guardian's written notarized
288consent.
289     (2)  When the department determines that a person commits
290any of the acts set forth in subsection (1), the department may
291enter an order imposing one or more of the following penalties:
292     (a)  Refusal to issue a license or registration or renew a
293license.
294     (b)  Suspension or revocation of a license or registration.
295     (c)  Imposition of an administrative fine not to exceed
296$1,500 for each count or separate violation.
297     (d)  Issuance of a reprimand.
298     (e)  Placement of the licensee or registrant on probation
299for a specified period and subject to the conditions that the
300department may specify.
301     (f)  Issuance of a stop-use order.
302     (g)  Corrective action.
303     (3)  The department shall impose stricter penalties for the
304repetition of violations and as the severity of violations
305escalate, distinguishing lesser violations from those that
306endanger the public health.
307     (4)  Disciplinary proceedings shall be conducted as
308provided in chapters 120.
309     Section 8.  Section 381.00785, Florida Statutes, is created
310to read:
311     381.00785  Rulemaking.-The department shall adopt rules to
312administer ss. 381.00771-381.00791. The department shall consult
313with representatives of the tattooing industry in this state
314during the development of such rules.
315     Section 9.  Section 381.00787, Florida Statutes, is created
316to read:
317     381.00787  Criminal penalties.-
318     (1)  Effective July 1, 2011, a person may not:
319     (a)  Operate a tattoo establishment or temporary
320establishment in this state without a license.
321     (b)  Practice tattooing in this state without a tattoo
322artist license or guest tattoo artist registration, except as
323provided in s. 381.00775.
324     (c)  Practice tattooing in this state at any place other
325than a tattoo establishment or temporary establishment, except
326as provided in s. 381.00775.
327     (d)  Obtain or attempt to obtain a license or registration
328by means of fraud, misrepresentation, or concealment.
329     (2)  A person who violates this section commits a felony of
330the third degree, punishable as provided in s. 775.082, s.
331775.083, or s. 775.084.
332     Section 10.  Section 877.04, Florida Statutes, is
333transferred, renumbered as section 381.00789, Florida Statutes,
334and amended to read:
335     381.00789 877.04  Tattooing of minor children prohibited;
336penalty.-
337     (1)  A It is unlawful for any person may not to tattoo the
338body of a minor child younger than 16 years of age unless the
339any human being; except that tattooing is may be performed for
340medical or dental purposes by a person licensed to practice
341medicine or dentistry under chapter chapters 458, chapter and
342459, or chapter 466, or by a person under his or her general
343supervision as defined by the Board of Medicine.
344     (2)  Any person who violates the provisions of this section
345shall be guilty of a misdemeanor of the second degree,
346punishable as provided in s. 775.082 or s. 775.083.
347     (2)(3)  A person may not tattoo the No body of a minor
348child who is at least 16 years of age, but younger than 18 years
349of age, unless:
350     (a)  The minor child is accompanied by his or her parent or
351legal guardian.
352     (b)  The minor child and his or her parent or legal
353guardian each submit proof of his or her identity by producing a
354government-issued photo identification.
355     (c)  The parent or legal guardian submits his or her shall
356be tattooed without the written notarized consent in the format
357prescribed by the department of the parent or legal guardian.
358     (d)  The parent or legal guardian submits proof that he or
359she is the parent or legal guardian of the minor child.
360     (e)  The tattooing is performed by a tattoo artist or guest
361tattoo artist licensed under ss. 381.00771-381.00791 or a person
362licensed to practice medicine or dentistry under chapter 458,
363chapter 459, or chapter 466.
364     (3)  A person who violates this section commits a felony of
365the third degree, punishable as provided in s. 775.082, s.
366775.083, or s. 775.084.
367     Section 11.  Section 381.00791, Florida Statutes, is
368created to read:
369     381.00791  Local laws and ordinances.-Sections 381.00771-
370381.00791 do not preempt any local law or ordinance of a county
371or municipality that imposes regulations on tattoo
372establishments, temporary establishments, tattoo artists, or the
373practice of tattooing which are in addition to those sections.
374     Section 12.  This act shall take effect July 1, 2010.


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