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       Florida Senate - 2010                                     SB 942
       By Senator Sobel
       31-00270A-10                                           2010942__
    1                        A bill to be entitled                      
    2         An act relating to the practice of tattooing; creating
    3         part XVII of ch. 468, F.S.; providing definitions;
    4         prohibiting the practice of tattooing except by a
    5         person licensed or registered by the Department of
    6         Health; providing for the licensure of tattoo artists
    7         and the temporary registration of guest tattoo artists
    8         licensed in other states; exempting tattooing
    9         performed for medical or dental purposes by certain
   10         personnel from regulation under the act; requiring the
   11         licensure of tattoo establishments; providing practice
   12         requirements for tattoo artists, guest tattoo artists,
   13         and tattoo establishments; specifying fees for initial
   14         licensure and registration and annual renewal thereof;
   15         specifying acts that constitute grounds under which
   16         the department may take disciplinary action; providing
   17         criminal penalties for certain violations involving
   18         the practice of tattooing; authorizing the department
   19         to adopt rules; amending s. 877.04, F.S.; prohibiting
   20         the tattooing of a minor child except under certain
   21         circumstances; requiring the Department of Health to
   22         adopt rules; providing penalties; providing an
   23         effective date.
   25  Be It Enacted by the Legislature of the State of Florida:
   27         Section 1. Part XVII of chapter 468, Florida Statutes,
   28  consisting of sections 468.851, 468.853, 468.854, 468.855,
   29  468.856, 468.857, 468.859, 468.861, 468.863, 468.867, and
   30  468.869, is created to read:
   31         468.851 Definitions.—As used in this part, the term:
   32         (1) “Active license or registration” means a current
   33  license or registration issued by the department.
   34         (2) “Department” means the Department of Health.
   35         (3) “Guest tattoo artist” means a person who is licensed,
   36  registered, or certified to practice tattooing in another state
   37  and who is issued a temporary registration to practice tattooing
   38  in this state.
   39         (4) “Operator” means a person designated by a tattoo
   40  establishment to control or manage the establishment.
   41         (5) “Tattoo” means a mark or design made on or under the
   42  skin by a process of piercing and engraving a pigment, dye, or
   43  ink in the skin.
   44         (6) “Tattoo establishment” means any location, place, area,
   45  structure, or business where tattooing is performed.
   46         (7) “Tattoo artist” means a person licensed under this part
   47  to practice tattooing.
   48         468.853 Application of part; exemption.—This part does not
   49  apply to tattooing performed for medical or dental purposes by a
   50  person licensed to practice medicine or dentistry under chapter
   51  458, chapter 459, or chapter 466.
   52         468.854 Practice requirements; tattoo artist licensure and
   53  tattoo establishment licensure.—A person may not:
   54         (1) Operate a tattoo establishment in this state without
   55  obtaining a tattoo establishment license.
   56         (2) Practice tattooing in this state without obtaining a
   57  tattoo artist license or guest tattoo artist registration.
   58         (3) Practice tattooing in this state in any place other
   59  than a licensed tattoo establishment.
   60         (4) Obtain or attempt to obtain a license or registration
   61  by means of fraud, misrepresentation, or concealment.
   62         468.855 Tattoo artists; licensure.—
   63         (1) A person seeking licensure as a tattoo artist must
   64  apply to the department in the format prescribed by
   65  the department. An application must include the name and street
   66  address of each tattoo establishment in which the applicant
   67  practices tattooing for more than 14 days per calendar year. The
   68  department shall issue a license to an applicant who:
   69         (a) Is 18 years of age or older.
   70         (b) Submits a completed application.
   71         (c) Pays the applicable license fee established in s.
   72  468.861.
   73         (d) Submits proof of successful completion of an education
   74  course approved by the department on blood-borne pathogens and
   75  communicable diseases, cardiopulmonary resuscitation, and basic
   76  first aid.
   77         (e) Submits proof of passage of an examination approved by
   78  the department on the material presented in the education
   79  course.
   80         (2) The department shall approve one or more education
   81  courses and examinations that allows a person to complete the
   82  requirements in paragraphs (1)(d) and (e) in person or through
   83  an Internet website.
   84         468.856 Temporary registration of guest tattoo artists.—
   85         (1) A person seeking temporary registration as a guest
   86  tattoo artist must register with the department in the format
   87  prescribed by the department. An application must include the
   88  name and street address of each tattoo establishment in which
   89  the applicant plans to practice tattooing in this state. The
   90  department shall issue a temporary registration to an applicant
   91  who:
   92         (a) Is 18 years of age or older.
   93         (b) Submits a completed application.
   94         (c) Pays the applicable registration fee established in s.
   95  468.861.
   96         (d) Holds an active license, registration, or certification
   97  issued by another state whose education and examination
   98  requirements substantially meet or exceed the requirements in
   99  paragraphs 468.855(1)(d) and (e).
  100         (2)(a) A tattoo artist, guest tattoo artist, or tattoo
  101  establishment must notify the department within 14 days after
  102  any change in the name or address of the licensee or registrant.
  103         (b) A tattoo artist or guest tattoo artist must notify the
  104  department, in the format prescribed by the department, within
  105  14 days after practicing tattooing in a tattoo establishment
  106  other than the establishments disclosed in the application.
  107         (3)(a) A tattoo artist license is valid for 1 year and must
  108  be renewed annually.
  109         (b) A guest tattoo artist temporary registration is valid
  110  for 45 days and may not be renewed until 180 days after the
  111  registration expires.
  112         (4) A license or registration issued by the department
  113  under this section is not transferable.
  114         468.857 Tattoo establishments; licensure.
  115         (1) A person may not operate a tattoo establishment in this
  116  state unless the establishment is licensed under this part.
  117         (2) A person seeking licensure of a tattoo establishment
  118  must apply to the department in the format prescribed by the
  119  department. An application must include:
  120         (a) The registered business name, including any fictitious
  121  names under which the tattoo establishment conducts business in
  122  the state.
  123         (b) The street address and telephone number of the tattoo
  124  establishment. A license is valid only for the location or
  125  locations listed on the license. A tattoo establishment must
  126  notify the department in the format prescribed by the department
  127  before any change of the licensed location.
  128         (c) The name, mailing address, and telephone number of the
  129  tattoo establishment’s operator.
  130         (d) The name and address of the tattoo establishment’s
  131  registered agent for service of process in the state.
  132         (3) The department shall issue a tattoo establishment
  133  license to an applicant, if:
  134         (a) The applicant submits a completed application.
  135         (b) The applicant pays the applicable license fee
  136  established in s. 468.861.
  137         (c) The establishment complies with all applicable local
  138  building, occupational, zoning, and health codes.
  139         (4) A tattoo establishment license is valid for 1 year,
  140  must be renewed annually, and is not transferable.
  141         468.859 Tattoo establishment operation requirements.
  142         (1) A tattoo establishment must:
  143         (a) Display an active license for the tattoo establishment
  144  in a manner that is easily visible to the public at all times
  145  while tattooing is performed in the establishment.
  146         (b) Ensure that each tattoo artist and guest tattoo artist
  147  who practices tattooing in the tattoo establishment meets all
  148  applicable requirements of this part.
  149         (c) Allow periodic inspection and enforcement by authorized
  150  agents of the department.
  151         (2) A tattoo artist or guest tattoo artist must:
  152         (a) Display his or her active license in a manner that is
  153  easily visible to the public at all times while practicing
  154  tattooing.
  155         (b) Practice tattooing exclusively in a tattoo
  156  establishment licensed under this part.
  157         (c) Maintain sanitary conditions at all times in tattoo
  158  establishments.
  159         (d) Comply with all state and local health codes and
  160  ordinances.
  161         (3) A tattoo artist or guest tattoo artist may tattoo the
  162  body of a minor child only to the extent authorized in s.
  163  877.04. A tattoo establishment must keep, for the specified
  164  period prescribed by the department, each written notarized
  165  consent submitted under s. 877.04(2)(c) by the parent or legal
  166  guardian of a minor child who is tattooed in the establishment.
  167         486.861 Fees; disposition.The department shall establish
  168  by rule fees for initial licensure or registration, annual
  169  renewal fees, and reactivation fees for an inactive license or
  170  registration in accordance with ss. 456.004 and 456.025. A
  171  license or registration that is not timely renewed becomes
  172  inactive.
  173         (1) The annual fee for licensure of a tattoo establishment
  174  may not exceed $500.
  175         (2) The annual fee for licensure of a tattoo artist may not
  176  exceed $250.
  177         (3) The fee for temporary registration of a guest tattoo
  178  artist may not exceed $150.
  179         468.863 Grounds for discipline; penalties.
  180         (1) The following acts constitute grounds for which
  181  disciplinary action specified in subsection (2) may be taken by
  182  the department against any tattoo establishment, tattoo artist,
  183  guest tattoo artist, operator of a tattoo establishment,
  184  applicant regulated by this part, or any unlicensed person
  185  engaged in activities regulated under this part:
  186         (a) Providing false information on an application for
  187  licensure or registration.
  188         (b) Violating a state or local health code or ordinance.
  189         (c) Violating any provision of this part, rule adopted
  190  under this part, or lawful order of the department.
  191         (d) Having a comparable license, registration, or
  192  certification suspended, revoked, or otherwise acted against by
  193  the licensing authority of another state, territory, or country.
  194         (e) Being found guilty of or pleading nolo contendere to,
  195  regardless of adjudication, a crime in any jurisdiction which
  196  relates to the practice of tattooing or operating a tattoo
  197  establishment.
  198         (f) Committing fraud, deceit, negligence, or misconduct in
  199  practicing tattooing or operating a tattoo establishment.
  200         (g) Aiding, assisting, procuring, or advising any
  201  unlicensed person in the practice of tattooing or the operation
  202  of a tattoo establishment.
  203         (h) Failing to maintain the records required by this part
  204  or knowingly making false entries in such records.
  205         (2) When the department determines that a person has
  206  violated any of the grounds set forth in subsection (1), the
  207  department may enter an order imposing one or more of the
  208  following penalties:
  209         (a) Refusal to issue or renew a license or registration.
  210         (b) Suspension or revocation of a license or registration.
  211         (c) Restriction of practice.
  212         (d) Imposition of an administrative fine not to exceed
  213  $1,500 for each count or separate violation.
  214         (e) Issuance of a reprimand.
  215         (f) Placement of the license or registration on probation
  216  for a specified period and subject to the conditions that the
  217  department may specify.
  218         (g) Corrective action.
  219         (3) The department shall impose stricter penalties as the
  220  severity and repetition of violations escalate, distinguishing
  221  lesser violations from those that endanger the public health.
  222         (4) Disciplinary proceedings shall be conducted as provided
  223  in chapters 120 and 456.
  224         468.867Criminal penalties.A person who commits an act
  225  prohibited under s. 468.863 commits a felony of the third
  226  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  227  775.084.
  228         468.869 Rulemaking.The department shall adopt rules to
  229  administer this part.
  230         Section 2. Section 877.04, Florida Statutes, is amended to
  231  read:
  232         877.04 Tattooing of minor children prohibited; penalty.—
  233         (1) A It is unlawful for any person may not to tattoo the
  234  body of a minor child younger than 16 years of age unless the
  235  any human being; except that tattooing is may be performed for
  236  medical or dental purposes by a person licensed to practice
  237  medicine or dentistry under chapter chapters 458, chapter and
  238  459, or chapter 466, or by a person under his or her general
  239  supervision as defined by the Board of Medicine.
  240         (2)Any person who violates the provisions of this section
  241  shall be guilty of a misdemeanor of the second degree,
  242  punishable as provided in s. 775.082 or s. 775.083.
  243         (2)(3)A person may not tattoo the No body of a minor child
  244  who is at least 16 years of age, but younger than 18 years of
  245  age, unless:
  246         (a) The minor child is accompanied by his or her parent or
  247  legal guardian.
  248         (b) The minor child and his or her parent or legal guardian
  249  each submits proof of his or her identity by producing a
  250  government-issued photo identification.
  251         (c) The parent or legal guardian submits his or her shall
  252  be tattooed without the written notarized consent in the format
  253  prescribed by the Department of Health. The Department of Health
  254  shall adopt rules to administer this paragraph of the parent or
  255  legal guardian.
  256         (d) The parent or legal guardian submits proof that he or
  257  she is the parent or legal guardian of the minor child.
  258         (e) The tattooing is performed by a tattoo artist or guest
  259  tattoo artist licensed under part XVII of chapter 468 or a
  260  person licensed to practice medicine or dentistry under chapter
  261  458, chapter 459, or chapter 466.
  262         (3) A person who violates this section commits a felony of
  263  the third degree, punishable as provided in s. 775.082, s.
  264  775.083, or s. 775.084.
  265         Section 3. This act shall take effect July 1, 2010.

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