January 27, 2020
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Senate Bill 1530

Senate Bill sb1530er

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


    ENROLLED

    2004 Legislature    CS for CS for SB 1530, 1st Engrossed (ntc)



  1                                 

  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; exempting from cosmetology

11         licensure the provision of certain services to

12         certain persons in a theme park or

13         entertainment complex; amending s. 477.016,

14         F.S.; authorizing the Board of Cosmetology to

15         adopt by rule certain federal regulations;

16         amending s. 477.0265, F.S.; prohibiting in the

17         practice of cosmetology the use or possession

18         of cosmetic products containing liquid nail

19         monomers containing methyl methacrylate;

20         providing penalties; reenacting s.

21         477.029(1)(h) and (2), F.S., relating to

22         grounds for administrative penalties, to

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

24         in a reference thereto; providing

25         administrative penalties; providing an

26         effective date.

27  

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

29  

30         Section 1.  Subsections (5) and (6) are added to

31  section 477.0135, Florida Statutes, to read:


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    ENROLLED

    2004 Legislature    CS for CS for SB 1530, 1st Engrossed (ntc)



 1         477.0135  Exemptions.--

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

 3  providing makeup, special effects, or cosmetology services to

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

 5  during a production recognized by the Office of Film and

 6  Entertainment as a qualified production as defined in s.

 7  288.1254(2). Such services are not required to be performed in

 8  a licensed salon. Individuals exempt under this subsection may

 9  not provide such services to the general public.

10         (6)  A license is not required of any individual

11  providing makeup or special effects services in a theme park

12  or entertainment complex to an actor, stunt person, musician,

13  extra, or other talent, or providing makeup or special effects

14  services to the general public. The term "theme park or

15  entertainment complex" has the same meaning as in s.

16  509.013(9).

17         Section 2.  Section 477.016, Florida Statutes, is

18  amended to read:

19         477.016  Rulemaking.--

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

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

22  provisions of this chapter conferring duties upon it.

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

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

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

26  substance used in the practice of cosmetology if the board

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

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

29  cosmetology services.

30         Section 3.  Section 477.0265, Florida Statutes, is

31  amended to read:


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




    ENROLLED

    2004 Legislature    CS for CS for SB 1530, 1st Engrossed (ntc)



 1         477.0265  Prohibited acts.--

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

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

 4  specialty without an active license as a cosmetologist or

 5  registration as a specialist issued by the department pursuant

 6  to the provisions of this chapter.

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

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

 9  persons, a cosmetology salon or specialty salon:

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

11  chapter; or

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

13  cosmetologist or a specialist is permitted to perform

14  cosmetology services or any specialty.

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

16  chapter or of any rule adopted by the board.

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

18  practice of cosmetology or of a specialty unless such person

19  holds a valid, active license as a cosmetologist or

20  registration as a specialist.

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

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

23  other thing of value or by fraudulent misrepresentations.

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

25  cosmetology or a registration to practice a specialty, which

26  license or registration is suspended or revoked.

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

28  wrapping, as performed under this chapter, have any

29  relationship to the practice of massage therapy as defined in

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

31  s. 477.013.


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




    ENROLLED

    2004 Legislature    CS for CS for SB 1530, 1st Engrossed (ntc)



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

 2  cosmetic product containing a liquid nail monomer containing

 3  any trace of methyl methacrylate (MMA).

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

 5  section commits is guilty of a misdemeanor of the second

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

 7         Section 4.  For the purpose of incorporating the

 8  amendment to section 477.0265, Florida Statutes, in a

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

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

11  reenacted to read:

12         477.029  Penalty.--

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

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

15  477.0265, or s. 477.028.

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

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

18  penalties, as determined by the board:

19         (a)  Revocation or suspension of any license or

20  registration issued pursuant to this chapter.

21         (b)  Issuance of a reprimand or censure.

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

23  $500 for each count or separate offense.

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

25  subject to such reasonable conditions as the board may

26  specify.

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

28  for licensure.

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

30  

31  


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

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