Bill Text: FL S0704 | 2024 | Regular Session | Introduced

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Bill Title: Limited Barbering

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2024-03-08 - Died in Commerce and Tourism [S0704 Detail]

Download: Florida-2024-S0704-Introduced.html

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       Florida Senate - 2024                                     SB 704
       
       
        
       By Senator Perry
       
       
       
       
       
       9-00543-24                                             2024704__
    1                        A bill to be entitled                      
    2         An act relating to limited barbering; amending s.
    3         476.144, F.S.; defining the term “limited barbering”;
    4         authorizing persons without a license to practice
    5         barbering to perform limited barbering in licensed
    6         barbershops if certain requirements are met; providing
    7         requirements for the Barbers’ Board; amending ss.
    8         476.184, 476.188, 476.194, and 476.204, F.S.;
    9         conforming provisions to changes made by the act;
   10         amending s. 476.214, F.S.; authorizing the board to
   11         discipline persons authorized to perform limited
   12         barbering; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (8) is added to section 476.144,
   17  Florida Statutes, to read:
   18         476.144 Licensure.—
   19         (8)(a) As used in this chapter, the term “limited
   20  barbering” means the following practices when done for
   21  remuneration for the public, but not when done for the treatment
   22  of disease or physical or mental ailments:
   23         1. Hair cutting and styling, including the application of
   24  hair tonics and hair spray, but not including the application of
   25  any other chemical preparations or solutions to the hair.
   26         2. Mustache and beard trimming.
   27         3. Shampooing hair, including the application of hair
   28  shampoos and hair conditioners, and blow drying hair.
   29         (b) Notwithstanding any other provision of this chapter or
   30  board rule, a person without a license to practice barbering who
   31  has not completed the examination or training required under s.
   32  476.114 may perform limited barbering if the person:
   33         1. Registers his or her name with the board.
   34         2. Performs limited barbering in a licensed barbershop with
   35  a licensed barber present.
   36         3. Has completed the continuing educational course approved
   37  by the board on human immunodeficiency virus and acquired immune
   38  deficiency syndrome required under s. 455.2228.
   39         4. Complies with all safety and sanitation requirements for
   40  barbershop personnel while performing limited barbering in a
   41  licensed barbershop.
   42         (c) Upon receipt of the registration request, the board:
   43         1. May not charge a fee for such registration.
   44         2. May deny such registration if the person has been
   45  disciplined relating to the practice of barbering in the
   46  previous 3 years in any jurisdiction or as provided under s.
   47  455.213(3).
   48         3. Must list the person on the department’s website as a
   49  limited barber upon granting a registration.
   50         Section 2. Subsection (10) of section 476.184, Florida
   51  Statutes, is amended to read:
   52         476.184 Barbershop licensure; requirements; fee;
   53  inspection; license display.—
   54         (10) Each barbershop shall display, in a conspicuous place,
   55  the barbershop license and each individual licensee’s
   56  certificate or each individual’s proof of limited barbering
   57  registration.
   58         Section 3. Subsection (1) of section 476.188, Florida
   59  Statutes, is amended to read:
   60         476.188 Barber services to be performed in registered
   61  barbershop; exception.—
   62         (1) Barber services shall be performed only by licensed
   63  barbers in registered barbershops, except as otherwise provided
   64  in this section. However, a person registered to perform limited
   65  barbering under s. 476.144(8) may perform limited barbering in a
   66  licensed barbershop.
   67         Section 4. Paragraphs (a), (b), and (d) of subsection (1)
   68  of section 476.194, Florida Statutes, are amended to read:
   69         476.194 Prohibited acts.—
   70         (1) It is unlawful for any person to:
   71         (a) Engage in the practice of barbering without an active
   72  license as a barber issued pursuant to the provisions of this
   73  act by the department, unless the person is registered to
   74  perform limited barbering under s. 476.144(8).
   75         (b) Hire or employ any person to engage in the practice of
   76  barbering unless such person holds a valid license as a barber
   77  or is registered to perform limited barbering under s.
   78  476.144(8).
   79         (d) Own, operate, maintain, open, establish, conduct, or
   80  have charge of, either alone or with another person or persons,
   81  a barbershop:
   82         1. Which is not licensed under the provisions of this
   83  chapter; or
   84         2. In which a person not licensed as a barber is permitted
   85  to perform services, unless the person is registered to perform
   86  limited barbering under s. 476.144(8).
   87         Section 5. Paragraph (a) of subsection (1) of section
   88  476.204, Florida Statutes, is amended to read:
   89         476.204 Penalties.—
   90         (1) It is unlawful for any person to:
   91         (a) Hold himself or herself out as a barber unless duly
   92  licensed as provided in this chapter or registered to perform
   93  limited barbering under s. 476.144(8).
   94         Section 6. Subsections (1) and (2) of section 476.214,
   95  Florida Statutes, are amended to read:
   96         476.214 Grounds for suspending, revoking, or refusing to
   97  grant license or certificate.—
   98         (1) The board shall have the power to revoke or suspend any
   99  license, registration card, or certificate of registration,
  100  including a registration to perform limited barbering, issued
  101  pursuant to this act, or to reprimand, censure, deny subsequent
  102  licensure of, or otherwise discipline any holder of a license,
  103  registration card, or certificate of registration, including a
  104  registration to perform limited barbering, issued pursuant to
  105  this act, for any of the following causes:
  106         (a) Gross malpractice or gross incompetency in the practice
  107  of barbering;
  108         (b) Practice by a person knowingly having an infectious or
  109  contagious disease; or
  110         (c) Commission of any of the offenses described in s.
  111  476.194.
  112         (2) The board shall keep a record of its disciplinary
  113  proceedings against holders of licenses or certificates of
  114  registration, including a registration to perform limited
  115  barbering, issued pursuant to this act.
  116         Section 7. This act shall take effect July 1, 2024.