Bill Text: FL H0175 | 2011 | Regular Session | Introduced

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Bill Title: Barbering

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0175 Detail]

Download: Florida-2011-H0175-Introduced.html

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HB 175

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 an 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., relating to prohibited acts, to conform;
22	providing an effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  Section 476.034, Florida Statutes, is amended
27	to read:
28	476.034  Definitions.-As used in this act:
29	(1)  "Barber" means a person who is licensed to engage in
30	the practice of barbering in this state under the authority of
31	this chapter.
32	(2)  "Barbering" means any of the following practices when
33	done for remuneration and for the public, but not when done for
34	the treatment of disease or physical or mental ailments:
35	shaving, cutting, trimming, coloring, shampooing, arranging,
36	dressing, curling, or waving the hair or beard or applying oils,
37	creams, lotions, or other preparations to the face, scalp, or
38	neck, either by hand or by mechanical appliances.
39	(3)  "Barbering intern" means a student enrolled in a
40	1,200-hour barbering program who participates in an optional
41	work-experience internship under the direct supervision of a
42	licensed barber in a licensed barbershop.
43	(4)(3)  "Barbershop" means any place of business wherein
44	the practice of barbering is carried on.
45	(5)(4)  "Board" means the Barbers' Board.
46	(6)(5)  "Department" means the Department of Business and
47	Professional Regulation.
48	(7)  "Internship sponsor" means a licensed barber
49	registered with the board for the purpose of supervising a
50	barbering intern and ensuring compliance by the intern with the
51	laws and rules of this state and the internship requirements
52	established by the board and administered through a school of
53	barbering or a barbering program.
54	Section 2.  Section 476.145, Florida Statutes, is created
55	to read:
56	476.145  Barbering internships.-
57	(1)  The selection and placement of barbering interns shall
58	be determined by the school of barbering or the barbering
59	program. The school or program shall determine whether a student
60	is eligible to become a barbering intern and whether an
61	internship sponsor meets the requirements for its educational
62	objectives. The school or program, on behalf of the student,
63	shall provide written notice to the board that an internship
64	sponsor has been selected and name the barbering intern to be
65	supervised. The school or program shall determine the length and
66	schedule of an individual barbering internship, but such
67	internship may not exceed 12 months. Internships may not
68	substitute or take the place of educational or licensure
69	requirements.
70	(2)  Each internship sponsor shall obtain approval from a
71	school of barbering or barbering program and shall register with
72	the board before accepting placement of each barbering intern.
73	The application for registration must include the name and
74	contact person of the school or program placing the intern, the
75	name and address of the internship sponsor, and other
76	information that the board requires.
77	(3)  The internship sponsor must have an active license and
78	shall actively supervise the barbering intern in the practice of
79	barbering pursuant to rules established by the board. A
80	barbering intern may practice only within the field of barbering
81	in which he or she is engaged in the course of study. The
82	internship sponsor shall ensure that the barbering intern is
83	complying with the laws and rules governing barbering and is
84	complying with the educational objectives and guidelines
85	established by the school of barbering or the barbering program
86	and the board.
87	(4)  All services provided by the barbering intern shall be
88	expressly approved by the internship sponsor and contracted for
89	by the internship sponsor. The internship sponsor shall ensure
90	that the public is clearly informed that the barbering intern is
91	not a licensed barber.
92	(5)  Pursuant to rules established by the board, the
93	barbershop in which a barbering intern is engaged in the
94	practice of barbering shall post notice in a conspicuous manner
95	within the barbershop indicating that a student intern is
96	providing services on the premises.
97	(6)  A barbering intern shall possess written documentation
98	of his or her authorization to engage in the practice of
99	barbering from the student's school of barbering or barbering
100	program and shall furnish such documentation to the department
101	before engaging in the practice of barbering and upon request by
102	department personnel.
103	(7)  The board shall establish by rule the education
104	prerequisites for barbering internships, including the minimum
105	number of hours of classroom instruction and required course
106	work. The board shall establish by rule the number of permitted
107	barbering internships per internship sponsor, the minimum and
108	maximum number of internship hours, and the recommended
109	educational objectives and guidelines for an internship program
110	in a school of barbering or barbering program.
111	(8)  The board may terminate the internship of any
112	barbering intern and the sponsorship of any internship sponsor
113	for a violation of the laws and rules governing barbering and
114	board rules governing internships. The board shall provide
115	notice of termination of an internship to the internship
116	sponsor, the school of barbering or barbering program, and the
117	barbering intern. In the case of a terminated barbering
118	internship, the school or program shall determine the
119	educational status of the barbering intern.
120	Section 3.  Subsection (1) of section 476.188, Florida
121	Statutes, is amended to read:
122	476.188  Barber services to be performed in registered
123	barbershop; exception.-
124	(1)  Barber services shall be performed only by a licensed
125	barber or a barbering intern supervised by a licensed barber
126	barbers in a registered barbershop barbershops, except as
127	otherwise provided in this section.
128	Section 4.  Subsection (1) of section 476.192, Florida
129	Statutes, is amended to read:
130	476.192  Fees; disposition.-
131	(1)  The board shall set by rule fees according to the
132	following schedule:
133	(a)  For barbers, fees for original licensing, license
134	renewal, and delinquent renewal may shall not exceed $100.
135	(b)  For barbers, fees for endorsement application,
136	examination, and reexamination may shall not exceed $150.
137	(c)  For barbershops, fees for license application,
138	original licensing, license renewal, and delinquent renewal may
139	shall not exceed $150.
140	(d)  For duplicate licenses and certificates, fees may
141	shall not exceed $25.
142	(e)  For internship sponsors, fees for registration may not
143	exceed $30.
144	Section 5.  Section 476.194, Florida Statutes, is amended
145	to read:
146	476.194  Prohibited acts.-
147	(1)  It is unlawful for any person to:
148	(a)  Engage in the practice of barbering as a barbering
149	intern without authorization or without an active license as a
150	barber without an active license issued pursuant to the
151	provisions of this act by the department.
152	(b)  Engage in willful or repeated violations of this act
153	or of any of the rules adopted by the board.
154	(c)  Hire or employ any person to engage in the practice of
155	barbering unless such person holds a valid license as a barber
156	or is authorized as a barbering intern under this chapter and
157	supervised by a licensed barber.
158	(d)  Obtain or attempt to obtain a license for money other
159	than the required fee or any other thing of value or by
160	fraudulent misrepresentations.
161	(e)  Own, operate, maintain, open, establish, conduct, or
162	have charge of, either alone or with another person or persons,
163	a barbershop:
164	1.  Which is not licensed under the provisions of this
165	chapter; or
166	2.  In which a person who is not licensed as a barber or
167	authorized as a barbering intern as a barber is permitted to
168	perform services.
169	(f)  Use or attempt to use a license to practice barbering
170	when the said license is suspended or revoked.
171	(2)  Any person who violates any provision of this section
172	commits is guilty of a misdemeanor of the second degree,
173	punishable as provided in s. 775.082 or s. 775.083.
174	Section 6.  This act shall take effect July 1, 2011.

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