HB 1007

A bill to be entitled
2An act relating to barbering; amending s. 476.034, F.S.;
3defining the terms "barbering intern" and "internship
4sponsor"; creating s. 476.145, F.S.; providing for the
5selection and placement of barbering interns; requiring a
6school of barbering or a barbering program to provide
7written notice to the Barbers' Board regarding the
8internship sponsor and the barbering intern; providing
9requirements and duties of the internship sponsor;
10requiring a barbershop to post notice regarding services
11of a student intern; requiring a barbering intern to
12possess written authorization to practice barbering;
13requiring the board to establish education prerequisites
14for barbering internships; authorizing the board to
15terminate an internship of a barbering intern or the
16sponsorship of a internship sponsor; requiring the board
17to give notice of termination; amending s. 476.188, F.S.;
18authorizing barber services to be provided by barbering
19interns; amending s. 476.192, F.S.; providing a limit on
20the registration fee for internship sponsors; amending s.
21476.194, F.S.; providing penalties related to the practice
22of barbering by, or hiring of, an unauthorized barbering
23intern; providing an effective date.
25Be It Enacted by the Legislature of the State of Florida:
27     Section 1.  Section 476.034, Florida Statutes, is amended
28to read:
29     476.034  Definitions.-As used in this act:
30     (1)  "Barber" means a person who is licensed to engage in
31the practice of barbering in this state under the authority of
32this chapter.
33     (2)  "Barbering" means any of the following practices when
34done for remuneration and for the public, but not when done for
35the treatment of disease or physical or mental ailments:
36shaving, cutting, trimming, coloring, shampooing, arranging,
37dressing, curling, or waving the hair or beard or applying oils,
38creams, lotions, or other preparations to the face, scalp, or
39neck, either by hand or by mechanical appliances.
40     (3)  "Barbering intern" means a student enrolled in
41training, as described in s. 476.114(2)(c)2., at a school of
42barbering or barbering program who participates in an optional
43work experience internship under the direct supervision of a
44licensed barber in a licensed barbershop.
45     (4)(3)  "Barbershop" means any place of business wherein
46the practice of barbering is carried on.
47     (5)(4)  "Board" means the Barbers' Board.
48     (6)(5)  "Department" means the Department of Business and
49Professional Regulation.
50     (7)  "Internship sponsor" means a licensed barber
51registered with the board for the purpose of supervising a
52barbering intern and ensuring compliance by the intern with the
53laws and rules of this state and the internship requirements
54established by the board and administered through a school of
55barbering or a barbering program.
56     Section 2.  Section 476.145, Florida Statutes, is created
57to read:
58     476.145  Barbering internships.-
59     (1)  The selection and placement of barbering interns shall
60be determined by the school of barbering or the barbering
61program. The school or program shall determine whether a student
62is eligible to become a barbering intern and whether an
63internship sponsor meets the requirements for its educational
64objectives. The school or program, on behalf of the student,
65shall provide written notice to the board that an internship
66sponsor has been selected and name the barbering intern to be
67supervised. The school or program shall determine the length and
68schedule of an individual barbering internship, but such
69internship may not exceed 12 months. Internships may not
70substitute or take the place of educational or licensure
72     (2)  Each internship sponsor shall obtain approval from a
73school of barbering or barbering program and shall register with
74the board before accepting placement of each barbering intern.
75The application for registration must include the name and
76contact person of the school or program placing the intern, the
77name and address of the internship sponsor, and other
78information that the board requires.
79     (3)  The internship sponsor must have an active license and
80shall actively supervise the barbering intern in the practice of
81barbering pursuant to rules established by the board. A
82barbering intern may practice only within the field of barbering
83in which she or he is engaged in the course of study. The
84internship sponsor shall ensure that the barbering intern
85complies with the laws and rules governing barbering and the
86educational objectives and guidelines established by the school
87of barbering or the barbering program and the board.
88     (4)  All services provided by the barbering intern must be
89expressly approved by the internship sponsor and contracted for
90by the internship sponsor. The internship sponsor shall ensure
91that the public is clearly informed that the barbering intern is
92not a licensed barber.
93     (5)  Pursuant to rules established by the board, the
94barbershop in which a barbering intern is engaged in the
95practice of barbering shall post notice in a conspicuous manner
96within the barbershop indicating that a student intern is
97providing services on the premises.
98     (6)  A barbering intern shall possess written documentation
99of her or his authorization to engage in the practice of
100barbering from the student's school of barbering or barbering
101program and shall furnish such documentation to the department
102before engaging in the practice of barbering and upon request by
103department personnel.
104     (7)  The board shall establish by rule the education
105prerequisites for barbering internships, including the minimum
106number of hours of classroom instruction and required course
107work. The board shall establish by rule the number of permitted
108barbering internships per internship sponsor, the minimum and
109maximum number of internship hours, and the recommended
110educational objectives and guidelines for an internship program
111in a school of barbering or barbering program.
112     (8)  The board may terminate the internship of any
113barbering intern and the sponsorship of any internship sponsor
114for a violation of the laws and rules governing barbering and
115board rules governing internships. The board shall provide
116notice of termination of an internship to the internship
117sponsor, the school of barbering or barbering program, and the
118barbering intern. In the case of a terminated barbering
119internship, the school or program shall determine the
120educational status of the barbering intern.
121     Section 3.  Subsection (1) of section 476.188, Florida
122Statutes, is amended to read:
123     476.188  Barber services to be performed in registered
124barbershop; exception.-
125     (1)  Barber services shall be performed only by a licensed
126barber or a barbering intern supervised by a licensed barber
127barbers in a registered barbershop barbershops, except as
128otherwise provided in this section.
129     Section 4.  Section 476.192, Florida Statutes, is amended
130to read:
131     476.192  Fees; disposition.-
132     (1)  The board shall set by rule fees according to the
133following schedule:
134     (a)  For barbers, fees for original licensing, license
135renewal, and delinquent renewal may shall not exceed $100.
136     (b)  For barbers, fees for endorsement application,
137examination, and reexamination may shall not exceed $150.
138     (c)  For barbershops, fees for license application,
139original licensing, license renewal, and delinquent renewal may
140shall not exceed $150.
141     (d)  For duplicate licenses and certificates, fees may
142shall not exceed $25.
143     (e)  For internship sponsors, fees for registration may not
144exceed $30.
145     (2)  All moneys collected by the department from fees
146authorized by this chapter shall be paid into the Professional
147Regulation Trust Fund in the department and shall be applied in
148accordance with ss. 215.37 and 455.219.
149     (3)  The Legislature may appropriate any excess moneys from
150this fund to the General Revenue Fund.
151     Section 5.  Section 476.194, Florida Statutes, is amended
152to 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
156intern without authorization or without an active license as a
157barber without an active license issued pursuant to the
158provisions of this act by the department.
159     (b)  Engage in willful or repeated violations of this act
160or of any of the rules adopted by the board.
161     (c)  Hire or employ any person to engage in the practice of
162barbering unless such person holds a valid license as a barber
163or is authorized as a barbering intern under this chapter and
164supervised by a licensed barber.
165     (d)  Obtain or attempt to obtain a license for money other
166than the required fee or any other thing of value or by
167fraudulent misrepresentations.
168     (e)  Own, operate, maintain, open, establish, conduct, or
169have charge of, either alone or with another person or persons,
170a barbershop:
171     1.  Which is not licensed under the provisions of this
172chapter; or
173     2.  In which a person who is not licensed as a barber or
174authorized as a barbering intern as a barber is permitted to
175perform services.
176     (f)  Use or attempt to use a license to practice barbering
177when the said license is suspended or revoked.
178     (2)  Any person who violates any provision of this section
179commits is guilty of a misdemeanor of the second degree,
180punishable as provided in s. 775.082 or s. 775.083.
181     Section 6.  This act shall take effect July 1, 2010.

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

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