Senate Bill 1530

Senate Bill sb1530c1

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    Florida Senate - 2004                           CS for SB 1530

    By the Committee on Regulated Industries; and Senator Sebesta


  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 a production recognized

  6         by the Office of Film and Entertainment;

  7         providing that such services are not required

  8         to be performed in a licensed salon;

  9         prohibiting provision of such services to the

10         general public; amending s. 477.016, F.S.;

11         authorizing the Board of Cosmetology to adopt

12         by rule certain federal regulations; amending

13         s. 477.0265, F.S.; prohibiting in the practice

14         of cosmetology the use or possession of

15         cosmetic products containing liquid nail

16         monomers containing methyl methacrylate;

17         providing penalties; reenacting s.

18         477.029(1)(h) and (2), F.S., relating to

19         grounds for administrative penalties, to

20         incorporate the amendment to s. 477.0265, F.S.,

21         in a reference thereto; providing

22         administrative penalties; providing an

23         effective date.


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


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

28  477.0135, Florida Statutes, to read:

29         477.0135  Exemptions.--

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

31  providing makeup, special effects, or cosmetology services to


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    Florida Senate - 2004                           CS for SB 1530

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

 2  during a production recognized by the Office of Film and

 3  Entertainment as a qualified production as defined in s.

 4  288.1254(2). Such services are not required to be performed in

 5  a licensed salon. Individuals exempt under this subsection may

 6  not provide such services to the general public.

 7         Section 2.  Section 477.016, Florida Statutes, is

 8  amended to read:

 9         477.016  Rulemaking.--

10         (1)  The board may has authority to adopt rules

11  pursuant to ss. 120.536(1) and 120.54 to implement the

12  provisions of this chapter conferring duties upon it.

13         (2)  The board may by rule adopt any restriction

14  established by a regulation of the United States Food and Drug

15  Administration related to the use of a cosmetic product or any

16  substance used in the practice of cosmetology if the board

17  finds that the product or substance poses a risk to the

18  health, safety, and welfare of clients or persons providing

19  cosmetology services.

20         Section 3.  Section 477.0265, Florida Statutes, is

21  amended to read:

22         477.0265  Prohibited acts.--

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

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

25  specialty without an active license as a cosmetologist or

26  registration as a specialist issued by the department pursuant

27  to the provisions of this chapter.

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

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

30  persons, a cosmetology salon or specialty salon:



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    Florida Senate - 2004                           CS for SB 1530

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

 2  chapter; or

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

 4  cosmetologist or a specialist is permitted to perform

 5  cosmetology services or any specialty.

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

 7  chapter or of any rule adopted by the board.

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

 9  practice of cosmetology or of a specialty unless such person

10  holds a valid, active license as a cosmetologist or

11  registration as a specialist.

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

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

14  other thing of value or by fraudulent misrepresentations.

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

16  cosmetology or a registration to practice a specialty, which

17  license or registration is suspended or revoked.

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

19  wrapping, as performed under this chapter, have any

20  relationship to the practice of massage therapy as defined in

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

22  s. 477.013.

23         (h)  In the practice of cosmetology, use or possess a

24  cosmetic product containing a liquid nail monomer containing

25  any trace of methyl methacrylate (MMA).

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

27  section commits is guilty of a misdemeanor of the second

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

29         Section 4.  For the purpose of incorporating the

30  amendment to section 477.0265, Florida Statutes, in a

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


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    Florida Senate - 2004                           CS for SB 1530

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

 2  reenacted to read:

 3         477.029  Penalty.--

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

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

 6  477.0265, or s. 477.028.

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

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

 9  penalties, as determined by the board:

10         (a)  Revocation or suspension of any license or

11  registration issued pursuant to this chapter.

12         (b)  Issuance of a reprimand or censure.

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

14  $500 for each count or separate offense.

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

16  subject to such reasonable conditions as the board may

17  specify.

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

19  for licensure.

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


                       COMMITTEE SUBSTITUTE FOR
23                         Senate Bill 1530


25  The committee substitute amends s. 477.0135, F.S., to provide
    a licensure exemption for cosmetology services provided during
26  a production recognized by the Office of Film and
    Entertainment as a "qualified production" as defined in s.
27  288.1254(2)(d), F.S.  The committee substitute amends s.
    477.016, F. S., to provide rulemaking authority, allowing the
28  Cosmetology Board to adopt federal regulations relating to
    cosmetic products or substances used in the practice of
29  cosmetology, and deletes the provision in s. 477.0265, F.S.,
    prohibiting the use of a cosmetic substance in a manner
30  inconsistent with restriction established by the U.S. Food and
    Drug Administration.


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