CS/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.; exempting certain personnel who perform tattooing
5for medical or dental purposes from regulation under
6specified provisions; creating s. 381.00775, F.S.;
7prohibiting the practice of tattooing except by a person
8licensed or registered by the Department of Health;
9requiring tattoo artists to complete a department-approved
10education course and pass an examination; providing for
11the licensure of tattoo artists and the registration of
12guest tattoo artists licensed in jurisdictions outside
13this state; creating s. 381.00777, F.S.; requiring the
14licensure of permanent tattoo establishments and temporary
15establishments; creating s. 381.00779, F.S.; providing
16practice requirements for tattoo artists, guest tattoo
17artists, tattoo establishments, and temporary
18establishments; requiring the department to inspect the
19establishments at specified intervals; creating s.
20381.00781, F.S.; providing for fees for initial licensure
21or registration and the renewal or reactivation thereof;
22authorizing the adjustment of fees according to inflation
23or deflation; creating s. 381.00783, F.S.; specifying acts
24that constitute grounds for which the department may take
25disciplinary action; providing penalties; creating s.
26381.00785, F.S.; providing penalties for certain
27violations 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; providing
31exceptions; creating s. 381.00789, F.S.; requiring the
32department to adopt rules to administer the act; creating
33s. 381.00791, F.S.; providing that specified provisions do
34not preempt certain local laws and ordinances; providing
35an effective date.
36
37Be It Enacted by the Legislature of the State of Florida:
38
39     Section 1.  Section 381.00771, Florida Statutes, is created
40to read:
41     381.00771  Definitions of terms used in ss. 381.00771-
42381.00791.-As used in ss. 381.00771-381.00791, the term:
43     (1)  "Active license or registration" means a current
44license or registration issued by the department that is not
45suspended or revoked.
46     (2)  "Department" means the Department of Health.
47     (3)  "Guest tattoo artist" means a person who is licensed,
48registered, or certified to practice tattooing in a jurisdiction
49outside of this state who is registered with the department to
50practice tattooing in this state.
51     (4)  "Operator" means a person designated by a tattoo
52establishment or temporary establishment to control the
53operation of the establishment.
54     (5)  "Stop-use order" means a written notice from the
55department to a licensee or registrant requiring him or her to
56remove any tattooing equipment or supplies, or cease conducting
57any particular procedures, because the equipment or supplies are
58not being used or the procedures are not being conducted in
59accordance with ss. 381.00771-381.00791 or any rule adopted
60under those sections.
61     (6)  "Tattoo" means a mark or design made on or under the
62skin of a human being by a process of piercing and ingraining a
63pigment, dye, or ink in the skin.
64     (7)  "Tattoo artist" means a person licensed under ss.
65381.00771-381.00791 to practice tattooing.
66     (8)  "Tattoo establishment" means any permanent location,
67place, area, structure, or business where tattooing is
68performed.
69     (9)  "Temporary establishment" means any location, place,
70area, or structure where tattooing is performed during, and in
71conjunction with, a convention or other similar event that does
72not exceed 14 consecutive days.
73     Section 2.  Section 381.00773, Florida Statutes, is created
74to read:
75     381.00773  Application of ss. 381.00771-381.00791;
76exemption.-
77     (1)  Except for s. 381.00787, which applies to all persons,
78ss. 381.00771-381.00791 do not apply to a person licensed to
79practice medicine or dentistry under chapter 458, chapter 459,
80or chapter 466 who performs tattooing exclusively for medical or
81dental purposes.
82     (2)  Sections 381.00771-381.00791 apply exclusively to the
83tattooing of human beings and do not apply to the tattooing of
84any animal.
85     Section 3.  Section 381.00775, Florida Statutes, is created
86to read:
87     381.00775  Tattoo artists; licensure; registration of guest
88tattoo artists.-
89     (1)  Except as provided in s. 381.00773, a person may not
90tattoo the body of any human being in this state unless the
91person is licensed as a tattoo artist or registered as a guest
92tattoo artist under this section.
93     (2)(a)  A person seeking licensure as a tattoo artist must
94apply to the department in the format prescribed by the
95department. An application must include:
96     1.  The name and residence address of the applicant.
97     2.  The name and street address of each tattoo
98establishment and temporary establishment at which the applicant
99intends to practice tattooing in this state.
100     (b)  The department shall issue a license to an applicant
101who:
102     1.  Is 18 years of age or older.
103     2.  Submits a completed application.
104     3.  Pays the applicable license fee established in s.
105381.00781.
106     4.  Submits proof of successful completion of an education
107course approved by the department on blood-borne pathogens and
108communicable diseases.
109     5.  Submits proof of passage of an examination approved by
110the department on the material presented in the education
111course.
112     (c)  The department shall approve one or more education
113courses and examinations that allows a person to complete the
114requirements of subparagraphs (b)4. and 5. in person or through
115an Internet website.
116     (d)  A tattoo artist must, within 30 days after a change,
117notify the department of any change in the following information
118disclosed in his or her most recent application for issuance or
119renewal of his or her tattoo artist license in the format
120prescribed by the department:
121     1.  The name and residence address of the tattoo artist.
122     2.  The name and street address of each tattoo
123establishment in this state at which the tattoo artist has
124practiced tattooing for more than 14 days since the most recent
125renewal of his or her tattoo artist license or, if the license
126has not been renewed, since the license was issued.
127     (3)(a)  A person seeking registration as a guest tattoo
128artist must apply to the department in the format prescribed by
129the department. An application must include:
130     1.  The name and residence address of the applicant.
131     2.  The name and street address of each tattoo
132establishment and temporary establishment at which the applicant
133will practice under the guest tattoo artist registration.
134     (b)  The department shall issue a guest tattoo artist
135registration to an applicant who:
136     1.  Is 18 years of age or older.
137     2.  Submits a completed application.
138     3.  Pays the applicable registration fee established in s.
139381.00781.
140     4.  Holds an active license, registration, or certification
141issued by a jurisdiction outside this state, whether by another
142state, the District of Columbia, any possession or territory of
143the United States, or any foreign jurisdiction, if:
144     a.  The education and examination requirements of the
145license, registration, or certification substantially meet or
146exceed the requirements of subparagraphs (2)(b)4. and 5.; or
147     b.  The applicant submits proof of successful completion of
148an education course approved by the department under
149subparagraph (2)(b)4. and proof of passage of an examination
150approved by the department under subparagraph (2)(b)5.
151     (4)(a)  A tattoo artist license is valid for 1 year and
152must be renewed annually.
153     (b)  A guest tattoo artist registration is valid for 14
154days. A guest tattoo artist may apply for reregistration before
155or after expiration of his or her current registration.
156     (5)  A license or registration issued by the department
157under this section is not transferable.
158     Section 4.  Section 381.00777, Florida Statutes, is created
159to read:
160     381.00777  Tattoo establishments; licensure; temporary
161establishments.-
162     (1)(a)  Except as provided in s. 381.00773, a person may
163not tattoo the body of any human being in this state except at a
164tattoo establishment or temporary establishment licensed under
165this section.
166     (b)  A person may not operate a tattoo establishment or
167temporary establishment in this state unless the establishment
168is licensed under this section.
169     (2)  A person seeking licensure of a tattoo establishment
170must apply to the department in the format prescribed by the
171department. An application must include:
172     (a)  The registered business name, including any fictitious
173names under which the tattoo establishment conducts business in
174the state.
175     (b)  The street address and telephone number of the tattoo
176establishment.
177     (c)  The name, mailing address, and telephone number of the
178tattoo establishment's operator.
179     (d)  The name and address of the tattoo establishment's
180registered agent for service of process in the state.
181     (3)  The department shall issue a tattoo establishment
182license to an applicant, if:
183     (a)  The applicant submits a completed application.
184     (b)  The applicant pays the applicable license fee
185established in s. 381.00781.
186     (c)  The establishment complies with all applicable local
187building, occupational, zoning, and health codes.
188     (4)  A temporary establishment must meet the same
189requirements for licensure as a permanent tattoo establishment.
190     (5)(a)  A license is valid only for the location listed on
191the license. A tattoo establishment must notify the department
192in the format prescribed by the department before any change of
193the licensed location. A tattoo establishment with more than one
194location must obtain a separate license for each location.
195     (b)  A tattoo establishment license is valid for 1 year and
196must be renewed annually.
197     (c)  A temporary establishment license is valid for the
198duration of a convention or other similar event for which the
199license is issued not to exceed 14 consecutive days.
200     (6)  A license issued by the department under this section
201is not transferable.
202     Section 5.  Section 381.00779, Florida Statutes, is created
203to read:
204     381.00779  Practice requirements.-
205     (1)  A tattoo establishment or temporary establishment
206must:
207     (a)  Display an active license for the establishment in a
208manner that is easily visible to the public at all times while
209tattooing is performed at the establishment.
210     (b)  Ensure that each tattoo artist and guest tattoo
211artist, while practicing tattooing at the establishment, meets
212all applicable requirements of ss. 381.00771-381.00791.
213     (c)  Maintain sanitary conditions of the establishment at
214all times.
215     (d)  Comply with all state and local health codes and
216ordinances.
217     (e)  Allow the department to inspect the establishment
218pursuant to subsection (4).
219     (f)  Comply with s. 381.0098 and rules adopted under that
220section.
221     (2)  A tattoo artist or guest tattoo artist must:
222     (a)  Display his or her active license in a manner that is
223easily visible to the public at all times while practicing
224tattooing.
225     (b)  Practice tattooing exclusively at an establishment
226licensed under ss. 381.00771-381.00791.
227     (c)  Maintain sanitary conditions of the establishment at
228all times.
229     (d)  Comply with all state and local health codes and
230ordinances.
231     (3)  A tattoo artist or guest tattoo artist may tattoo the
232body of a minor child only to the extent authorized in s.
233381.00787. A tattoo establishment or temporary establishment
234must keep, for the period prescribed by the department, each
235written notarized consent submitted under s. 381.00787(2)(c) by
236the parent or legal guardian of a minor child who is tattooed at
237the establishment.
238     (4)  The department may inspect and investigate each tattoo
239establishment and temporary establishment as necessary to ensure
240compliance with ss. 381.00771-381.00791. However, the department
241shall inspect each tattoo establishment at least annually and
242shall inspect each temporary establishment before and, as
243necessary, during a convention or similar event with which the
244establishment is connected.
245     Section 6.  Section 381.00781, Florida Statutes, is created
246to read:
247     381.00781  Fees; disposition.-
248     (1)  The department shall establish by rule the following
249fees:
250     (a)  Fee for the initial licensure of a tattoo
251establishment and the renewal of such license, which, except as
252provided in subsection (2), may not exceed $250 per year.
253     (b)  Fee for licensure of a temporary establishment, which,
254except as provided in subsection (2), may not exceed $250.
255     (c)  Fee for the initial licensure of a tattoo artist and
256the renewal of such license, which, except as provided in
257subsection (2), may not exceed $150 per year.
258     (d)  Fee for registration or reregistration of a guest
259tattoo artist, which, except as provided in subsection (2), may
260not exceed $45.
261     (e)  Fee for reactivation of an inactive tattoo
262establishment license or tattoo artist license. A license
263becomes inactive if it is not renewed before the expiration of
264the current license.
265     (2)  The department may annually adjust the maximum fees
266authorized under subsection (1) according to the rate of
267inflation or deflation indicated by the Consumer Price Index for
268All Urban Consumers, U.S. City Average, All Items, as reported
269by the United States Department of Labor.
270     Section 7.  Section 381.00783, Florida Statutes, is created
271to read:
272     381.00783  Grounds for discipline; administrative
273penalties.-
274     (1)  The following acts constitute grounds for which
275disciplinary action specified in subsection (2) may be taken by
276the department against any tattoo establishment, temporary
277establishment, tattoo artist, guest tattoo artist, operator of a
278tattoo establishment, or unlicensed person engaged in activities
279regulated under ss. 381.00771-381.00791:
280     (a)  Providing false information on an application for
281licensure or registration.
282     (b)  Violating a state or local health code or ordinance.
283     (c)  Violating any provision of ss. 381.00771-381.00791,
284rule adopted under those sections, or lawful order of the
285department.
286     (d)  Being found guilty of or pleading nolo contendere to,
287regardless of adjudication, a crime in any jurisdiction which
288relates to the practice of tattooing or the operation of a
289tattoo establishment or temporary establishment.
290     (e)  Committing fraud, deceit, negligence, or misconduct in
291the practice of tattooing or the operation of a tattoo
292establishment or temporary establishment.
293     (f)  Aiding, procuring, or assisting a person to unlawfully
294practice tattooing or unlawfully operate a tattoo establishment
295or temporary establishment.
296     (g)  Failing to keep the written notarized consent of the
297parent or legal guardian of a minor child who is tattooed at a
298tattoo establishment or temporary establishment for the period
299specified pursuant to s. 381.00779(3) or knowingly making false
300entries in a parent's or legal guardian's written notarized
301consent.
302     (2)  When the department determines that a person commits
303any of the acts set forth in subsection (1), the department may
304enter an order imposing one or more of the following penalties:
305     (a)  Refusal to issue a license or registration or renew a
306license.
307     (b)  Suspension or revocation of a license or registration.
308     (c)  Imposition of an administrative fine not to exceed
309$1,500 for each count or separate violation.
310     (d)  Issuance of a reprimand.
311     (e)  Placement of the licensee or registrant on probation
312for a specified period and subject to the conditions that the
313department may specify.
314     (f)  Issuance of a stop-use order.
315     (g)  Corrective action.
316     (3)  The department shall impose stricter penalties for the
317repetition of violations and as the severity of violations
318escalate, distinguishing lesser violations from those that
319endanger the public health.
320     (4)  Disciplinary proceedings shall be conducted as
321provided in chapter 120.
322     Section 8.  Section 381.00785, Florida Statutes, is created
323to read:
324     381.00785  Criminal penalties.-
325     (1)  A person may not:
326     (a)  Operate a tattoo establishment or temporary
327establishment in this state without a license.
328     (b)  Practice tattooing in this state without a tattoo
329artist license or guest tattoo artist registration, except as
330provided in s. 381.00773.
331     (c)  Practice tattooing in this state at any place other
332than a tattoo establishment or temporary establishment, except
333as provided in s. 381.00773.
334     (d)  Obtain or attempt to obtain a license or registration
335by means of fraud, misrepresentation, or concealment.
336     (2)  A person who violates this section commits a
337misdemeanor of the second degree, punishable as provided in s.
338775.082 or s. 775.083.
339     Section 9.  Section 877.04, Florida Statutes, is
340transferred, renumbered as section 381.00787, Florida Statutes,
341and amended to read:
342     381.00787 877.04  Tattooing prohibited; penalty.-
343     (1)  A It is unlawful for any person may not to tattoo the
344body of a minor child younger than 16 years of age unless the
345any human being; except that tattooing is may be performed for
346medical or dental purposes by a person licensed to practice
347medicine or dentistry under chapter chapters 458, chapter and
348459, or chapter 466, or by a person under his or her general
349supervision as defined by the Board of Medicine.
350     (2)  Any person who violates the provisions of this section
351shall be guilty of a misdemeanor of the second degree,
352punishable as provided in s. 775.082 or s. 775.083.
353     (2)(3)  A person may not tattoo the No body of a minor
354child who is at least 16 years of age, but younger than 18 years
355of age, unless:
356     (a)  The minor child is accompanied by his or her parent or
357legal guardian;
358     (b)  The minor child and his or her parent or legal
359guardian each submit proof of his or her identity by producing a
360government-issued photo identification;
361     (c)  The parent or legal guardian submits his or her shall
362be tattooed without the written notarized consent in the format
363prescribed by the department; of
364     (d)  The parent or legal guardian submits proof that he or
365she is the parent or legal guardian of the minor
366     (e)  The tattooing is performed by a tattoo artist or guest
367tattoo artist licensed under ss. 381.00771-381.00791 or a person
368licensed to practice medicine or dentistry under chapter 458,
369chapter 459, or chapter 466.
370     (3)  A person who violates this section commits a
371misdemeanor of the second degree, punishable as provided in s.
372775.082 or s. 775.083. However, a person who tattoos the body of
373a minor child younger than 18 years of age does not violate this
374section, if:
375     (a)  The person carefully inspects what appears to be a
376government-issued photo identification that represents that the
377minor child is 18 years of age or older.
378     (b)  The minor child falsely represents himself or herself
379as being 18 years of age or older and presents a fraudulent
380identification.
381     (c)  A reasonable person of average intelligence would
382believe that the minor child is 18 years of age or older and
383that the photo identification is genuine, was issued to the
384minor child, and truthfully represents the minor child's age.
385     Section 10.  Section 381.00789, Florida Statutes, is
386created to read:
387     381.00789  Rulemaking.-The department shall adopt rules to
388administer ss. 381.00771-381.00791. Such rules may include, but
389are not limited to, rules defining terms; prescribing
390educational requirements for tattoo artists and guest tattoo
391artists, health and safety requirements, sanitation practices,
392and sterilization requirements and procedures; and providing
393requirements for tattoo equipment, customer notification, the
394contents of customer records, the retention of records, and
395physical plants. The department shall consult with
396representatives of the tattooing industry in this state during
397the development of such rules.
398     Section 11.  Section 381.00791, Florida Statutes, is
399created to read:
400     381.00791  Local laws and ordinances.-Sections 381.00771-
401381.00791 do not preempt any local law or ordinance of a county
402or municipality that imposes regulations on tattoo
403establishments, temporary establishments, tattoo artists, or the
404practice of tattooing which are in addition to those sections.
405     Section 12.  This act shall take effect January 1, 2012.


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