Bill Text: FL S1318 | 2010 | Regular Session | Introduced

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Bill Title: Barbering [CPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Higher Education [S1318 Detail]

Download: Florida-2010-S1318-Introduced.html

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Florida Senate - 2010                                    SB 1318 
 
By Senator Joyner 
18-00009A-10                                          20101318__ 
1                        A bill to be entitled 
2         An act relating to barbering; amending s. 476.034, 
3         F.S.; defining the terms “barbering intern” and 
4         “internship sponsor”; creating s. 476.145, F.S.; 
5         providing for the selection and placement of barbering 
6         interns; requiring a school of barbering or a 
7         barbering program to provide written notice to the 
8         Barbers’ Board regarding the internship sponsor and 
9         the barbering intern; providing requirements and 
10         duties of the internship sponsor; requiring a 
11         barbershop to post notice regarding services of a 
12         student intern; requiring a barbering intern to 
13         possess written authorization to practice barbering; 
14         requiring the board to establish education 
15         prerequisites for barbering internships; authorizing 
16         the board to terminate an internship of a barbering 
17         intern or the sponsorship of an internship sponsor; 
18         requiring the board to give notice of termination; 
19         amending s. 476.188, F.S.; authorizing barber services 
20         to be provided by barbering interns; amending s. 
21         476.192, F.S.; providing a limit on the registration 
22         fee for internship sponsors; amending s. 476.194, 
23         F.S., relating to prohibited acts, to conform; 
24         providing an effective date. 
25 
26  Be It Enacted by the Legislature of the State of Florida: 
27 
28         Section 1. Section 476.034, Florida Statutes, is amended to 
29  read: 
30         476.034 Definitions.—As used in this act: 
31         (1) “Barber” means a person who is licensed to engage in 
32  the practice of barbering in this state under the authority of 
33  this chapter. 
34         (2) “Barbering” means any of the following practices when 
35  done for remuneration and for the public, but not when done for 
36  the treatment of disease or physical or mental ailments: 
37  shaving, cutting, trimming, coloring, shampooing, arranging, 
38  dressing, curling, or waving the hair or beard or applying oils, 
39  creams, lotions, or other preparations to the face, scalp, or 
40  neck, either by hand or by mechanical appliances. 
41         (3) “Barbering intern” means a student enrolled in a 1,200 
42  hour barbering program who participates in an optional work 
43  experience internship under the direct supervision of a licensed 
44  barber in a licensed barbershop. 
45         (4)(3) “Barbershop” means any place of business wherein the 
46  practice of barbering is carried on. 
47         (5)(4) “Board” means the Barbers’ Board. 
48         (6)(5) “Department” means the Department of Business and 
49  Professional Regulation. 
50         (7) “Internship sponsor” means a licensed barber registered 
51  with the board for the purpose of supervising a barbering intern 
52  and ensuring compliance by the intern with the laws and rules of 
53  this state and the internship requirements established by the 
54  board and administered through a school of barbering or a 
55  barbering program. 
56         Section 2. Section 476.145, Florida Statutes, is created to 
57  read: 
58         476.145 Barbering internships.— 
59         (1) The selection and placement of barbering interns shall 
60  be determined by the school of barbering or the barbering 
61  program. The school or program shall determine whether a student 
62  is eligible to become a barbering intern and whether an 
63  internship sponsor meets the requirements for its educational 
64  objectives. The school or program, on behalf of the student, 
65  shall provide written notice to the board that an internship 
66  sponsor has been selected and name the barbering intern to be 
67  supervised. The school or program shall determine the length and 
68  schedule of an individual barbering internship, but such 
69  internship may not exceed 12 months. Internships may not 
70  substitute or take the place of educational or licensure 
71  requirements. 
72         (2) Each internship sponsor shall obtain approval from a 
73  school of barbering or barbering program and shall register with 
74  the board before accepting placement of each barbering intern. 
75  The application for registration must include the name and 
76  contact person of the school or program placing the intern, the 
77  name and address of the internship sponsor, and other 
78  information that the board requires. 
79         (3) The internship sponsor must have an active license and 
80  shall actively supervise the barbering intern in the practice of 
81  barbering pursuant to rules established by the board. A 
82  barbering intern may practice only within the field of barbering 
83  in which he or she is engaged in the course of study. The 
84  internship sponsor shall ensure that the barbering intern is 
85  complying with the laws and rules governing barbering and is 
86  complying with the educational objectives and guidelines 
87  established by the school of barbering or the barbering program 
88  and the board. 
89         (4) All services provided by the barbering intern shall be 
90  expressly approved by the internship sponsor and contracted for 
91  by the internship sponsor. The internship sponsor shall ensure 
92  that the public is clearly informed that the barbering intern is 
93  not a licensed barber. 
94         (5) Pursuant to rules established by the board, the 
95  barbershop in which a barbering intern is engaged in the 
96  practice of barbering shall post notice in a conspicuous manner 
97  within the barbershop indicating that a student intern is 
98  providing services on the premises. 
99         (6) A barbering intern shall possess written documentation 
100  of his or her authorization to engage in the practice of 
101  barbering from the student’s school of barbering or barbering 
102  program and shall furnish such documentation to the department 
103  before engaging in the practice of barbering and upon request by 
104  department personnel. 
105         (7) The board shall establish by rule the education 
106  prerequisites for barbering internships, including the minimum 
107  number of hours of classroom instruction and required course 
108  work. The board shall establish by rule the number of permitted 
109  barbering internships per internship sponsor, the minimum and 
110  maximum number of internship hours, and the recommended 
111  educational objectives and guidelines for an internship program 
112  in a school of barbering or barbering program. 
113         (8) The board may terminate the internship of any barbering 
114  intern and the sponsorship of any internship sponsor for a 
115  violation of the laws and rules governing barbering and board 
116  rules governing internships. The board shall provide notice of 
117  termination of an internship to the internship sponsor, the 
118  school of barbering or barbering program, and the barbering 
119  intern. In the case of a terminated barbering internship, the 
120  school or program shall determine the educational status of the 
121  barbering intern. 
122         Section 3. Subsection (1) of section 476.188, Florida 
123  Statutes, is amended to read: 
124         476.188 Barber services to be performed in registered 
125  barbershop; exception.— 
126         (1) Barber services shall be performed only by a licensed 
127  barber or a barbering intern supervised by a licensed barber 
128  barbers in a registered barbershop barbershops, except as 
129  otherwise provided in this section. 
130         Section 4. Subsection (1) of section 476.192, Florida 
131  Statutes, is amended to read: 
132         476.192 Fees; disposition.— 
133         (1) The board shall set by rule fees according to the 
134  following schedule: 
135         (a) For barbers, fees for original licensing, license 
136  renewal, and delinquent renewal may shall not exceed $100. 
137         (b) For barbers, fees for endorsement application, 
138  examination, and reexamination may shall not exceed $150. 
139         (c) For barbershops, fees for license application, original 
140  licensing, license renewal, and delinquent renewal may shall not 
141  exceed $150. 
142         (d) For duplicate licenses and certificates, fees may shall 
143  not exceed $25. 
144         (e) For internship sponsors, fees for registration may not 
145  exceed $30. 
146         Section 5. Section 476.194, Florida Statutes, is amended to 
147  read: 
148         476.194 Prohibited acts.— 
149         (1) It is unlawful for any person to: 
150         (a) Engage in the practice of barbering as a barbering 
151  intern without authorization or without an active license as a 
152  barber without an active license issued pursuant to the 
153  provisions of this act by the department. 
154         (b) Engage in willful or repeated violations of this act or 
155  of any of the rules adopted by the board. 
156         (c) Hire or employ any person to engage in the practice of 
157  barbering unless such person holds a valid license as a barber 
158  or is authorized as a barbering intern under this chapter and 
159  supervised by a licensed barber. 
160         (d) Obtain or attempt to obtain a license for money other 
161  than the required fee or any other thing of value or by 
162  fraudulent misrepresentations. 
163         (e) Own, operate, maintain, open, establish, conduct, or 
164  have charge of, either alone or with another person or persons, 
165  a barbershop: 
166         1. Which is not licensed under the provisions of this 
167  chapter; or 
168         2. In which a person who is not licensed as a barber or 
169  authorized as a barbering intern as a barber is permitted to 
170  perform services. 
171         (f) Use or attempt to use a license to practice barbering 
172  when the said license is suspended or revoked. 
173         (2) Any person who violates any provision of this section 
174  commits is guilty of a misdemeanor of the second degree, 
175  punishable as provided in s. 775.082 or s. 775.083. 
176         Section 6. This act shall take effect July 1, 2010.