February 23, 2019
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       Florida Senate - 2010                              CS for SB 942
       
       
       
       By the Committee on Health Regulation; and Senator Sobel
       
       
       
       
       588-03213A-10                                          2010942c1
    1                        A bill to be entitled                      
    2         An act relating to the practice of tattooing; creating
    3         s. 381.00771, F.S.; defining terms; creating s.
    4         381.00773, F.S.; exempting certain personnel who
    5         perform tattooing for medical or dental purposes from
    6         regulation under specified provisions; creating s.
    7         381.00775, F.S.; prohibiting the practice of tattooing
    8         except by a person licensed or registered by the
    9         Department of Health; requiring tattoo artists to
   10         complete an education course and pass an examination;
   11         providing for the licensure of tattoo artists and the
   12         registration of guest tattoo artists licensed in
   13         jurisdictions outside this state; creating s.
   14         381.00777, F.S.; requiring the licensure of permanent
   15         tattoo establishments and temporary establishments;
   16         creating s. 381.00779, F.S.; providing practice
   17         requirements for tattoo artists, guest tattoo artists,
   18         tattoo establishments, and temporary establishments;
   19         requiring the department to inspect the establishments
   20         at specified intervals; creating s. 381.00781, F.S.;
   21         providing for fees for initial licensure or
   22         registration and the renewal or reactivation thereof;
   23         authorizing the adjustment of fees according to
   24         inflation or deflation; creating s. 381.00783, F.S.;
   25         specifying acts that constitute grounds for which the
   26         department may take disciplinary action; providing
   27         penalties; creating s. 381.00785, F.S.; providing
   28         penalties for certain violations involving the
   29         practice of tattooing; transferring, renumbering, and
   30         amending s. 877.04, F.S.; prohibiting the tattooing of
   31         a minor child except under certain circumstances;
   32         providing penalties; providing exceptions; creating s.
   33         381.00789, F.S.; requiring the department to adopt
   34         rules to administer the act; creating s. 381.00791,
   35         F.S.; providing that specified provisions do not
   36         preempt certain local laws and ordinances; providing
   37         an effective date.
   38  
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Section 381.00771, Florida Statutes, is created
   42  to read:
   43         381.00771 Definitions of terms used in ss. 381.00771
   44  381.00791.—As used in ss. 381.00771-381.00791, the term:
   45         (1) “Active license or registration” means a current
   46  license or registration issued by the department that is not
   47  suspended or revoked.
   48         (2) “Department” means the Department of Health.
   49         (3) “Guest tattoo artist” means a person who is licensed,
   50  registered, or certified to practice tattooing in a jurisdiction
   51  outside of this state who is registered with the department to
   52  practice tattooing in this state.
   53         (4) “Operator” means a person designated by a tattoo
   54  establishment or temporary establishment to control the
   55  operation of the establishment.
   56         (5) “Stop-use order” means a written notice from the
   57  department to a licensee or registrant requiring him or her to
   58  remove any tattooing equipment or supplies, or cease conducting
   59  any particular procedures, because the equipment or supplies are
   60  not being used or the procedures are not being conducted in
   61  accordance with ss. 381.00771-381.00791 or any rule adopted
   62  under those sections.
   63         (6) “Tattoo” means a mark or design made on or under the
   64  skin of a human being by a process of piercing and ingraining a
   65  pigment, dye, or ink in the skin.
   66         (7) “Tattoo artist” means a person licensed under ss.
   67  381.00771-381.00791 to practice tattooing.
   68         (8) “Tattoo establishment” means any permanent location,
   69  place, area, structure, or business where tattooing is
   70  performed.
   71         (9) “Temporary establishment” means any location, place,
   72  area, or structure where tattooing is performed during, and in
   73  conjunction with, a convention or other similar event that does
   74  not exceed 14 consecutive days.
   75         Section 2. Section 381.00773, Florida Statutes, is created
   76  to read:
   77         381.00773 Application of ss. 381.00771-381.00791;
   78  exemption.—
   79         (1) Except for s. 381.00787, which applies to all persons,
   80  ss. 381.00771-381.00791 do not apply to a person licensed to
   81  practice medicine or dentistry under chapter 458, chapter 459,
   82  or chapter 466 who performs tattooing exclusively for medical or
   83  dental purposes.
   84         (2) Sections 381.00771-381.00791 apply exclusively to the
   85  tattooing of human beings and do not apply to the tattooing of
   86  any animal.
   87         Section 3. Section 381.00775, Florida Statutes, is created
   88  to read:
   89         381.00775 Tattoo artists; licensure; registration of guest
   90  tattoo artists.—
   91         (1) Except as provided in s. 381.00773, a person may not
   92  tattoo the body of any human being in this state unless the
   93  person is licensed as a tattoo artist or registered as a guest
   94  tattoo artist under this section.
   95         (2)(a) A person seeking licensure as a tattoo artist must
   96  apply to the department in the format prescribed by the
   97  department. An application must include:
   98         1. The name and residence address of the applicant.
   99         2. The name and street address of each tattoo establishment
  100  and temporary establishment at which the applicant intends to
  101  practice tattooing in this state.
  102         (b) The department shall issue a license to an applicant
  103  who:
  104         1. Is 18 years of age or older.
  105         2. Submits a completed application.
  106         3. Pays the applicable license fee established in s.
  107  381.00781.
  108         4. Submits proof of successful completion of an education
  109  course approved by the department on blood-borne pathogens and
  110  communicable diseases.
  111         5. Submits proof of passage of an examination approved by
  112  the department on the material presented in the education
  113  course.
  114         (c) The department shall approve one or more education
  115  courses and examinations that allows a person to complete the
  116  requirements of subparagraphs (b)4. and 5. in person or through
  117  an Internet website.
  118         (d) A tattoo artist must, within 30 days after a change,
  119  notify the department of any change in the following information
  120  disclosed in his or her most recent application for issuance or
  121  renewal of his or her tattoo artist license in the format
  122  prescribed by the department:
  123         1. The name and residence address of the tattoo artist.
  124         2. The name and street address of each tattoo establishment
  125  in this state at which the tattoo artist has practiced tattooing
  126  for more than 14 days since the most recent renewal of his or
  127  her tattoo artist license or, if the license has not been
  128  renewed, since the license was issued.
  129         (3)(a) A person seeking registration as a guest tattoo
  130  artist must apply to the department in the format prescribed by
  131  the department. An application must include:
  132         1. The name and residence address of the applicant.
  133         2. The name and street address of each tattoo establishment
  134  and temporary establishment at which the applicant will practice
  135  under the guest tattoo artist registration.
  136         (b) The department shall issue a guest tattoo artist
  137  registration to an applicant who:
  138         1. Is 18 years of age or older.
  139         2. Submits a completed application.
  140         3. Pays the applicable registration fee established in s.
  141  381.00781.
  142         4. Holds an active license, registration, or certification
  143  issued by a jurisdiction outside this state, whether by another
  144  state, the District of Columbia, any possession or territory of
  145  the United States, or any foreign jurisdiction, if:
  146         a. The education and examination requirements of the
  147  license, registration, or certification substantially meet or
  148  exceed the requirements of subparagraphs (2)(b)4. and 5.; or
  149         b. The applicant submits proof of successful completion of
  150  an education course approved by the department under
  151  subparagraph (2)(b)4. and proof of passage of an examination
  152  approved by the department under subparagraph (2)(b)5.
  153         (4)(a) A tattoo artist license is valid for 1 year and must
  154  be renewed annually.
  155         (b) A guest tattoo artist registration is valid for 14
  156  days. A guest tattoo artist may apply for reregistration before
  157  or after expiration of his or her current registration.
  158         (5) A license or registration issued by the department
  159  under this section is not transferable.
  160         Section 4. Section 381.00777, Florida Statutes, is created
  161  to read:
  162         381.00777 Tattoo establishments; licensure; temporary
  163  establishments.—
  164         (1)(a) Except as provided in s. 381.00773, a person may not
  165  tattoo the body of any human being in this state except in a
  166  tattoo establishment or temporary establishment licensed under
  167  this section.
  168         (b) A person may not operate a tattoo establishment or
  169  temporary establishment in this state unless the establishment
  170  is licensed under this section.
  171         (2) A person seeking licensure of a tattoo establishment
  172  must apply to the department in the format prescribed by the
  173  department. An application must include:
  174         (a) The registered business name, including any fictitious
  175  names under which the tattoo establishment conducts business in
  176  the state.
  177         (b) The street address and telephone number of the tattoo
  178  establishment.
  179         (c) The name, mailing address, and telephone number of the
  180  tattoo establishment’s operator.
  181         (d) The name and address of the tattoo establishment’s
  182  registered agent for service of process in the state.
  183         (3) The department shall issue a tattoo establishment
  184  license to an applicant, if:
  185         (a) The applicant submits a completed application.
  186         (b) The applicant pays the applicable license fee
  187  established in s. 381.00781.
  188         (c) The establishment complies with all applicable local
  189  building, occupational, zoning, and health codes.
  190         (4) A temporary establishment must meet the same
  191  requirements for licensure as a permanent tattoo establishment.
  192         (5)(a) A license is valid only for the location listed on
  193  the license. A tattoo establishment must notify the department
  194  in the format prescribed by the department before any change of
  195  the licensed location. A tattoo establishment with more than one
  196  location must obtain a separate license for each location.
  197         (b) A tattoo establishment license is valid for 1 year and
  198  must be renewed annually.
  199         (c) A temporary establishment license is valid for the
  200  duration of a convention or other similar event for which the
  201  license is issued not to exceed 14 consecutive days.
  202         (6) A license issued by the department under this section
  203  is not transferable.
  204         Section 5. Section 381.00779, Florida Statutes, is created
  205  to read:
  206         381.00779 Practice requirements.—
  207         (1) A tattoo establishment or temporary establishment must:
  208         (a) Display an active license for the establishment in a
  209  manner that is easily visible to the public at all times while
  210  tattooing is performed in the establishment.
  211         (b) Ensure that each tattoo artist and guest tattoo artist,
  212  while practicing tattooing in the establishment, meets all
  213  applicable requirements of ss. 381.00771-381.00791.
  214         (c) Maintain sanitary conditions at all times in the
  215  establishment.
  216         (d) Comply with all state and local health codes and
  217  ordinances.
  218         (e) Allow the department to inspect the establishment
  219  pursuant to subsection (4).
  220         (f) Comply with s. 381.0098 and rules adopted under that
  221  section.
  222         (2) A tattoo artist or guest tattoo artist must:
  223         (a) Display his or her active license in a manner that is
  224  easily visible to the public at all times while practicing
  225  tattooing.
  226         (b) Practice tattooing exclusively in an establishment
  227  licensed under ss. 381.00771-381.00791.
  228         (c) Maintain sanitary conditions at all times in an
  229  establishment.
  230         (d) Comply with all state and local health codes and
  231  ordinances.
  232         (3) A tattoo artist or guest tattoo artist may tattoo the
  233  body of a minor child only to the extent authorized in s.
  234  381.00787. A tattoo establishment or temporary establishment
  235  must keep, for the period prescribed by the department, each
  236  written notarized consent submitted under s. 381.00787(3)(c) by
  237  the parent or legal guardian of a minor child who is tattooed in
  238  the establishment.
  239         (4) The department may inspect and investigate each tattoo
  240  establishment and temporary establishment as necessary to ensure
  241  compliance with ss. 381.00771-381.00791. However, the department
  242  shall inspect each tattoo establishment at least annually and
  243  shall inspect each temporary establishment before and, as
  244  necessary, during a convention or similar event with which the
  245  establishment is connected.
  246         Section 6. Section 381.00781, Florida Statutes, is created
  247  to read:
  248         381.00781 Fees; disposition.—
  249         (1) The department shall establish by rule the following
  250  fees:
  251         (a) Fee for the initial licensure of a tattoo establishment
  252  and the renewal of such license, which, except as provided in
  253  subsection (2), may not exceed $250 per year.
  254         (b) Fee for licensure of a temporary establishment, which,
  255  except as provided in subsection (2), may not exceed $250.
  256         (c) Fee for the initial licensure of a tattoo artist and
  257  the renewal of such license, which, except as provided in
  258  subsection (2), may not exceed $150 per year.
  259         (d) Fee for registration or reregistration of a guest
  260  tattoo artist, which, except as provided in subsection (2), may
  261  not exceed $45.
  262         (e) Fee for reactivation of an inactive tattoo
  263  establishment license or tattoo artist license. A license
  264  becomes inactive if it is not renewed before the expiration of
  265  the current license.
  266         (2) The department may annually adjust the maximum fees
  267  authorized under subsection (1) according to the rate of
  268  inflation or deflation indicated by the Consumer Price Index for
  269  All Urban Consumers, U.S. City Average, All Items, as reported
  270  by the United States Department of Labor.
  271         Section 7. Section 381.00783, Florida Statutes, is created
  272  to read:
  273         381.00783 Grounds for discipline; administrative
  274  penalties.—
  275         (1) The following acts constitute grounds for which
  276  disciplinary action specified in subsection (2) may be taken by
  277  the department against any tattoo establishment, temporary
  278  establishment, tattoo artist, guest tattoo artist, operator of a
  279  tattoo establishment, or unlicensed person engaged in activities
  280  regulated under ss. 381.00771-381.00791:
  281         (a) Providing false information on an application for
  282  licensure or registration.
  283         (b) Violating a state or local health code or ordinance.
  284         (c) Violating any provision of ss. 381.00771-381.00791,
  285  rule adopted under those sections, or lawful order of the
  286  department.
  287         (d) Being found guilty of or pleading nolo contendere to,
  288  regardless of adjudication, a crime in any jurisdiction which
  289  relates to the practice of tattooing or the operation of a
  290  tattoo establishment or temporary establishment.
  291         (e) Committing fraud, deceit, negligence, or misconduct in
  292  the practice of tattooing or the operation of a tattoo
  293  establishment or temporary establishment.
  294         (f) Aiding, procuring, or assisting a person to unlawfully
  295  practice tattooing or unlawfully operate a tattoo establishment
  296  or temporary establishment.
  297         (g) Failing to keep the written notarized consent of the
  298  parent or legal guardian of a minor child who is tattooed in a
  299  tattoo establishment or temporary establishment for the period
  300  specified pursuant to s. 381.00779(3) or knowingly making false
  301  entries in a parent’s or legal guardian’s written notarized
  302  consent.
  303         (2) When the department determines that a person commits
  304  any of the acts set forth in subsection (1), the department may
  305  enter an order imposing one or more of the following penalties:
  306         (a) Refusal to issue a license or registration or renew a
  307  license.
  308         (b) Suspension or revocation of a license or registration.
  309         (c) Imposition of an administrative fine not to exceed
  310  $1,500 for each count or separate violation.
  311         (d) Issuance of a reprimand.
  312         (e) Placement of the licensee or registrant on probation
  313  for a specified period and subject to the conditions that the
  314  department may specify.
  315         (f) Issuance of a stop-use order.
  316         (g) Corrective action.
  317         (3) The department shall impose stricter penalties for the
  318  repetition of violations and as the severity of violations
  319  escalate, distinguishing lesser violations from those that
  320  endanger the public health.
  321         (4) Disciplinary proceedings shall be conducted as provided
  322  in chapter 120.
  323         Section 8. Section 381.00785, Florida Statutes, is created
  324  to read:
  325         381.00785 Criminal penalties.—
  326         (1) A person may not:
  327         (a) Operate a tattoo establishment or temporary
  328  establishment in this state without a license.
  329         (b) Practice tattooing in this state without a tattoo
  330  artist license or guest tattoo artist registration, except as
  331  provided in s. 381.00773.
  332         (c) Practice tattooing in this state at any place other
  333  than a tattoo establishment or temporary establishment, except
  334  as provided in s. 381.00773.
  335         (d) Obtain or attempt to obtain a license or registration
  336  by means of fraud, misrepresentation, or concealment.
  337         (2) A person who violates this section commits a
  338  misdemeanor of the second degree, punishable as provided in s.
  339  775.082 or s. 775.083.
  340         Section 9. Section 877.04, Florida Statutes, is
  341  transferred, renumbered as section 381.00787, Florida Statutes,
  342  and amended to read:
  343         381.00787 877.04 Tattooing prohibited; penalty.—
  344         (1) A It is unlawful for any person may not to tattoo the
  345  body of a minor child younger than 16 years of age unless the
  346  any human being; except that tattooing is may be performed for
  347  medical or dental purposes by a person licensed to practice
  348  medicine or dentistry under chapter chapters 458, chapter and
  349  459, or chapter 466, or by a person under his or her general
  350  supervision as defined by the Board of Medicine.
  351         (2) Any person who violates the provisions of this section
  352  shall be guilty of a misdemeanor of the second degree,
  353  punishable as provided in s. 775.082 or s. 775.083.
  354         (3) A person may not tattoo the No body of a minor child
  355  who is at least 16 years of age, but younger than 18 years of
  356  age, unless:
  357         (a) The minor child is accompanied by his or her parent or
  358  legal guardian;
  359         (b) The minor child and his or her parent or legal guardian
  360  each submit proof of his or her identity by producing a
  361  government-issued photo identification;
  362         (c) The parent or legal guardian submits his or her shall
  363  be tattooed without the written notarized consent in the format
  364  prescribed by the department; of the parent or legal guardian.
  365         (d) The parent or legal guardian submits proof that he or
  366  she is the parent or legal guardian of the minor child; and
  367         (e) The tattooing is performed by a tattoo artist or guest
  368  tattoo artist licensed under ss. 381.00771-381.00791 or a person
  369  licensed to practice medicine or dentistry under chapter 458,
  370  chapter 459, or chapter 466.
  371         (4) A person who violates this section commits a
  372  misdemeanor of the second degree, punishable as provided in s.
  373  775.082 or s. 775.083. However, a person who tattoos the body of
  374  a minor child younger than 18 years of age does not violate this
  375  section, if:
  376         (a) The person carefully inspects what appears to be a
  377  government-issued photo identification that represents that the
  378  minor child is 18 years of age or older.
  379         (b) The minor child falsely represents himself or herself
  380  as being 18 years of age or older and presents a fraudulent
  381  identification.
  382         (c) A reasonable person of average intelligence would
  383  believe that the minor child is 18 years of age or older and
  384  that the photo identification is genuine, was issued to the
  385  minor child, and truthfully represents the minor child’s age.
  386         Section 10. Section 381.00789, Florida Statutes, is created
  387  to read:
  388         381.00789 Rulemaking.—The department shall adopt rules to
  389  administer ss. 381.00771-381.00791. Such rules may include, but
  390  are not limited to, rules defining terms; prescribing
  391  educational requirements for tattoo artists and guest tattoo
  392  artists, health and safety requirements, sanitation practices,
  393  and sterilization requirements and procedures; and providing
  394  requirements for tattoo equipment, customer notification, the
  395  contents of customer records, the retention of records, and
  396  physical plants. The department shall consult with
  397  representatives of the tattooing industry in this state during
  398  the development of such rules.
  399         Section 11. Section 381.00791, Florida Statutes, is created
  400  to read:
  401         381.00791 Local laws and ordinances.—Sections 381.00771
  402  381.00791 do not preempt any local law or ordinance of a county
  403  or municipality that imposes regulations on tattoo
  404  establishments, temporary establishments, tattoo artists, or the
  405  practice of tattooing which are in addition to those sections.
  406         Section 12. This act shall take effect January 1, 2012.

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