October 29, 2020
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Senate Bill 1530

Senate Bill sb1530

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 1530

    By Senator Sebesta





    16-1162-04                                          See HB 467

  1                      A bill to be entitled

  2         An act relating to cosmetology; amending s.

  3         477.0135, F.S.; exempting from cosmetology

  4         licensure the provision of certain services to

  5         certain persons during the production of motion

  6         pictures, television broadcasts, stage plays,

  7         and products of other entertainment-related

  8         industries; providing that such services are

  9         not required to be performed in a licensed

10         salon; prohibiting provision of such services

11         to the general public; amending s. 477.0263,

12         F.S.; revising an exception to the requirement

13         to perform cosmetology services in a licensed

14         salon, to conform; amending s. 477.0265, F.S.;

15         prohibiting in cosmetology and specialty salons

16         and schools the use or possession of cosmetic

17         products containing liquid nail monomers

18         containing methyl methacrylate or the use of

19         cosmetic products in a manner inconsistent with

20         restrictions established by the United States

21         Food and Drug Administration; providing

22         penalties; reenacting s. 477.029(1)(h) and (2),

23         F.S., relating to grounds for administrative

24         penalties, to incorporate the amendment to s.

25         477.0265, F.S., in a reference thereto;

26         providing administrative penalties; providing

27         an effective date.

28  

29  Be It Enacted by the Legislature of the State of Florida:

30  

31  

                                  1

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






    Florida Senate - 2004                                  SB 1530
    16-1162-04                                          See HB 467




 1         Section 1.  Subsection (5) is added to section

 2  477.0135, Florida Statutes, to read:

 3         477.0135  Exemptions.--

 4         (5)  A license is not required of any individual

 5  providing makeup, special effects, or cosmetology services to

 6  an actor, stunt person, musician, extra, or other talent

 7  during the production of a motion picture, television

 8  broadcast, stage play, or product of any other

 9  entertainment-related industry. Such services are not required

10  to be performed in a licensed salon. Individuals exempt under

11  this subsection may not provide such services to the general

12  public.

13         Section 2.  Subsection (3) of section 477.0263, Florida

14  Statutes, is amended to read:

15         477.0263  Cosmetology services to be performed in

16  licensed salon; exception.--

17         (3)  Any person who holds a valid cosmetology license

18  in any state or who is authorized to practice cosmetology in

19  any country, territory, or jurisdiction of the United States

20  may perform cosmetology services in a location other than a

21  licensed salon when such services are performed in connection

22  with the motion picture, fashion photography, theatrical, or

23  television industry; a photography studio salon,; a

24  manufacturer trade show demonstration,; or an educational

25  seminar.

26         Section 3.  Section 477.0265, Florida Statutes, is

27  amended to read:

28         477.0265  Prohibited acts.--

29         (1)  It is unlawful for any person to:

30         (a)  Engage in the practice of cosmetology or a

31  specialty without an active license as a cosmetologist or

                                  2

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






    Florida Senate - 2004                                  SB 1530
    16-1162-04                                          See HB 467




 1  registration as a specialist issued by the department pursuant

 2  to the provisions of this chapter.

 3         (b)  Own, operate, maintain, open, establish, conduct,

 4  or have charge of, either alone or with another person or

 5  persons, a cosmetology salon or specialty salon:

 6         1.  Which is not licensed under the provisions of this

 7  chapter; or

 8         2.  In which a person not licensed or registered as a

 9  cosmetologist or a specialist is permitted to perform

10  cosmetology services or any specialty.

11         (c)  Engage in willful or repeated violations of this

12  chapter or of any rule adopted by the board.

13         (d)  Permit an employed person to engage in the

14  practice of cosmetology or of a specialty unless such person

15  holds a valid, active license as a cosmetologist or

16  registration as a specialist.

17         (e)  Obtain or attempt to obtain a license or

18  registration for money, other than the required fee, or any

19  other thing of value or by fraudulent misrepresentations.

20         (f)  Use or attempt to use a license to practice

21  cosmetology or a registration to practice a specialty, which

22  license or registration is suspended or revoked.

23         (g)  Advertise or imply that skin care services or body

24  wrapping, as performed under this chapter, have any

25  relationship to the practice of massage therapy as defined in

26  s. 480.033(3), except those practices or activities defined in

27  s. 477.013.

28         (h)  In a cosmetology salon, mobile cosmetology salon,

29  specialty salon, or cosmetology school:

30  

31  

                                  3

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






    Florida Senate - 2004                                  SB 1530
    16-1162-04                                          See HB 467




 1         1.  Use or possess a cosmetic product containing a

 2  liquid nail monomer containing any trace of methyl

 3  methacrylate (MMA); or

 4         2.  Use a cosmetic product in a manner inconsistent

 5  with a restriction established by the United States Food and

 6  Drug Administration by regulation.

 7         (2)  Any person who violates any provision of this

 8  section commits is guilty of a misdemeanor of the second

 9  degree, punishable as provided in s. 775.082 or s. 775.083.

10         Section 4.  For the purpose of incorporating the

11  amendment to section 477.0265, Florida Statutes, in a

12  reference thereto, paragraph (h) of subsection (1) and

13  subsection (2) of section 477.029, Florida Statutes, are

14  reenacted to read:

15         477.029  Penalty.--

16         (1)  It is unlawful for any person to:

17         (h)  Violate any provision of s. 455.227(1), s.

18  477.0265, or s. 477.028.

19         (2)  Any person who violates the provisions of this

20  section shall be subject to one or more of the following

21  penalties, as determined by the board:

22         (a)  Revocation or suspension of any license or

23  registration issued pursuant to this chapter.

24         (b)  Issuance of a reprimand or censure.

25         (c)  Imposition of an administrative fine not to exceed

26  $500 for each count or separate offense.

27         (d)  Placement on probation for a period of time and

28  subject to such reasonable conditions as the board may

29  specify.

30         (e)  Refusal to certify to the department an applicant

31  for licensure.

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    Florida Senate - 2004                                  SB 1530
    16-1162-04                                          See HB 467




 1         Section 5.  This act shall take effect July 1, 2004.

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

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