Laws & Rules Material

477.011 Short title.—This act shall be known as the “Florida Cosmetology Act”

477.012 Purpose – The Legislature recognizes that the practice of cosmetology involves the use of tools and chemicals, which may be dangerous when, applied improperly and, therefore deems it necessary in the interest of public health to regulate the practice of cosmetology in this state.

(3) Cosmetologists: a person who is licensed to engage in the practice of cosmetology

(4) Cosmetology: the mechanical or chemical treatment of the head, face, and scalp for aesthetic rather than medical purposes, including but not limited to, hair shampooing, hair cutting, hair arranging, hair coloring, permanent waving, hair relaxing for compensation.

(5) Specialist: any person holding a specialty registration in one or more of the specialties are engaged in or carried on

(a) Manicuring, or the cutting, tinting, coloring, cleansing, adding, or extending of the nails, and massaging of the hands.

(b) Pedicuring, or the shaping, polishing, tinting, or cleansing of the nails of the feet, and massaging or beautifying of the feet.

(c) Facials, or the massaging or treating of the face or scalp with oils, creams, lotions, or other preparations, and skin care services.

(7) Shampooing: the washing of the hair with soap and water or with a special preparation.

(8) Specialty salon: any place of business wherein the practice of one or all of the specialties

(9) Hair braiding: the interweaving of hair for compensation without cutting, coloring, permanent waving, relaxing, removing, weaving, and chemical treatment.

(10) Hair wrapping: the wrapping of manufactured materials around a strand or strands of human hair, for compensation, without cutting, coloring, permanent waving, relaxing, removing, weaving, chemically treating, braiding, using hair extensions, or performing any other service defined as cosmetology.

(11) Photography studio salon: an establishment where the hair-arranging services and the application of cosmetic products are performed solely for the purpose of preparing the model or client for the photographic session without shampooing, cutting, coloring, permanent waving, relaxing, or removing of hair or performing any other service defined as cosmetology.

(12) Body wrapping: a treatment program that uses herbal wraps for the purposes of weight loss and of cleansing and beautifying the skin of the body, but does not include:

(a) The application of oils, lotions, or other fluids to the body, except fluids contained in presoaked materials used in the wraps; or

(b) Manipulation of the body’s superficial tissue, other than that arising from compression emanating from the wrap materials.

(13) Skin care services: the treatment of the skin of the body, face, and scalp, by the use of a sponge, brush, cloth, or similar device to apply or remove a chemical preparation or other substance, except that chemical peels may be removed by peeling an applied preparation from the skin by hand.

(1)(a) Persons whose occupation or practice is confined solely to hair braiding must register with the department, pay the applicable registration fee, and take a two-day 16-hour course. The course shall be board approved and consist of 5 hours of HIV/AIDS and other communicable diseases, 5 hours of sanitation and sterilization, 4 hours of disorders and diseases of the scalp, and 2 hours of studies regarding laws affecting hair braiding.

(b) Persons whose occupation or practice is confined solely to hair wrapping must register with the department, pay the applicable registration fee and take a one-day 6-hour course. The course shall be board approved and consist of education in HIV/AIDS and other communicable diseases, sanitation and sterilization, disorders and diseases of the scalp, and studies regarding laws affecting hair wrapping.

(c) Unless otherwise licensed or exempted from licensure under this chapter, any person whose occupation or practice is body wrapping must register with the department, pay the applicable registration fee, and take a two-day 12-hour course. The course shall be board approved and consist of education in HIV/AIDS and other communicable diseases, sanitation and sterilization, disorders and diseases of the skin, and studies regarding laws affecting body wrapping.

(2) Hair braiding, hair wrapping, and body wrapping are not required to be practiced in a cosmetology salon or specialty salon. When hair braiding, hair wrapping, or body wrapping is practiced outside a cosmetology salon or specialty salon, disposable implements must be used or all implements must be sanitized in a disinfectant approved for hospital use or approved by the federal Environmental Protection Agency.

(3) Pending issuance of registration, a person is eligible to practice hair braiding, hair wrapping, or body wrapping upon submission of a registration application that included proof of successful completion of the education requirements and payment of the applicable fees required by this chapter.

(1) This chapter does not apply to the following persons when practicing pursuant to their professional or occupational responsibilities and duties:

(a) Persons authorized under the laws of this state to practice medicine, surgery, osteopathy, chiropractic, massage, naturopathy, or podiatry.

(b) Commissioned medical or surgical officers of the United States Armed Forces hospital services.

(e) Persons employed in federal, state, or local institutions, hospitals, or military bases as cosmetologists whose practices are limited to the inmates, patients or authorized military personnel of such institutions, hospitals, or bases.

(f) Persons whose practice is limited to the application of cosmetic products to another person in connection with the sale, or attempted sale, of such products at retail without compensation from such products other than the regular retail price of such merchandise.

(2) A license is not required of any person whose occupation or practice is confined solely to shampooing.

(3) A license or registration is not required of any person whose occupation or practice is confined solely to cutting, trimming, polishing, or cleansing the fingernails of any person when said cutting, trimming, polishing, or cleansings done in a barbershop licensed pursuant to chapter 476 which is carrying on a regular and customary business of barbering, and such individual has been practicing the activities set forth in this subsection prior to October 1, 1985.

(4) A photography studio salon is exempt from the licensure provisions of this chapter. However, the hair-arranging services of such salon must be performed under the supervision of a licensed cosmetologist employed by the salon. The salon must use disposable hair-arranging implements or use a wet or dry sanitizing system approved by the federal Environmental Protection Agency.

(1) There is created within the department the Board of Cosmetology consisting of seven members, who shall be appointed by the Governor, subject to confirmation by the Senate, and whose function it shall be to carry out the provisions of this act.

(2) Five members of the board shall be licensed cosmetologists and shall have been engaged in the practice of cosmetology in this state for not less than 5 years. Two members of the board shall be laypersons. Each board member shall be a resident of this state and shall have been a resident of this state for not less than 5 continuous years.

(3) The Governor may at any time fill vacancies on the board for the remainder of unexplored terms. Each member of the board shall hold over after the expiration of his or her term until a successor is duly appointed and qualified. No board member shall serve more than two consecutive terms, whether full or partial.

(4) Before assuming his or her duties as a board member, each appointee shall take the constitutional oath of office and shall file it with the Department of State, which shall then issue to such member a certificate of his or her appointment.

(5) The board shall, in the month of January, elect from its number a chair and a vice chair.

(6) The board shall hold such meetings during the year as it may determine to be necessary, one of which shall be the annual meeting. The chair of the board shall have the authority to call other meetings at his or her discretion. A quorum of the board shall consist of not less than four members.

(7) Each member of the board shall receive $50 for each day spent in the performance of official board business with the total annual compensation per member not to exceed $2,000. Additionally, board members shall receive per diem and mileage as provided in s. 112.061, from place of residence to place of meeting and return.

(8) Each board member shall be held accountable to the Governor for the proper performance of all his or her duties and obligations. The Governor shall investigate any complaints or unfavorable reports received concerning the actions of the board, or its members, and shall take appropriate action thereon, which action may include removal of any board member. The Governor may remove from office any board member for neglect of duty, incompetence, or unprofessional or dishonorable conduct.

477.019 Cosmetologists; qualifications; licensure; supervised practice; license renewal; endorsement; continuing education --

(1) A person desiring to be licensed as Cosmetologists shall apply to the department of licensure.

(2) An applicant shall be entitled to take the licensure examination to practice cosmetology if the applicant:

(c) 1. Holds an active valid license to practice cosmetology in another state or country and has held the license for at least 1 year; or

c. The Cosmetology Division of the Florida School for the Deaf and the Blind provided the division meets the standards of this chapter.

The board shall establish by rule procedures whereby the school or program may certify that a person is qualified to take the required examination after the completion of a minimum of 1,000 actual school hours. If the person then passes the examination, he or she shall have satisfied this requirement; but if he or she fails the examination, he or she shall not be qualified to take the examination again until the completion of the full requirements provided by this section.

(3) Upon an applicant receiving a passing grade the department shall issue a license

(4) Following the completion of the first licensing examination and pending the results of that examination, graduates of licensed cosmetology schools are eligible to practice cosmetology, provided such graduates practice under the supervision of a licensed cosmetologist in a licensed cosmetology salon. A graduate who fails the first examination may continue to practice if the graduate applies for the next available examination and until the graduate receives the results of that examination. No graduate may continue to practice under this subsection if the graduate fails the examination twice.

(5) Renewal of license registration shall be accomplished pursuant to rules adopted by the board.

(6) The board shall adopt rules specifying procedures for the licensure by endorsement of practitioners desiring to be licensed in this state

(7) (a) The board shall prescribe by rule continuing education requirements not to exceed 16 hours biennially, as a condition for renewal of a license or registration as a specialist under this chapter. Continuing education courses shall include, but not be limited to, the following subjects as they relate to the practice of cosmetology: human immunodeficiency virus and acquired immune deficiency syndrome; Occupational Safety and Health Administration regulation; workers’ compensation issues; state and federal laws and rules as they pertain to cosmetologists, cosmetology, salons, specialists, specialty salons, and booth renters; chemical makeup as it pertains to hair, skin, and nails; and environmental issues. Courses given at cosmetology conferences may be counted toward the number of continuing education hours required if approved by the board.

(b) The department may privatize provider and course approval and the monitoring of continuing education requirements under a contract, which ensures that the services will be without cost to the department or board. The department may contract with one or more private entities for the provision of such services, including the collection of fees for the services rendered.

(c) Any person whose occupation or practice is confined solely to hair braiding or hair wrapping is exempt from the continuing education requirements of this subsection.

(d) Enforcement of mandatory continuing education shall be accomplished only as a secondary action when a person is investigated for another violation. However, the board may, by rule, require any licensee in violation of a continuing education requirement to take a refresher course or refresher course and examination in addition to any other penalty. The number of hours for the refresher course may not exceed 48 hours.

477.0201 Specialty registration; qualifications; registration renewal; endorsement –

(1) Any person is qualified for registration as a specialist in any one or more of the specialty practices within the practice of cosmetology under this chapter who:

(b) Has received a certificate of completion in a specialty from one of the following:

4. A specialty division within the Cosmetology Division of the Florida School for the Deaf and the Blind

5. A person desiring to be registered as a specialist shall apply to the department

6. Upon paying the initial registration fee, the department shall register the applicant within the practice of cosmetology.

(2) Renewal of registration shall be accomplished pursuant to rules adopted by the board.

(3) The board shall adopt rules specifying procedures for the registration of specialty practitioners in states, which have registered, or licensing standards substantially similar to, equivalent to, or more stringent than the standards of this state.

(4) Pending issuance of registration, a person is eligible to practice as a specialist upon submission of a registration application that includes proof of successful completion of the education requirements and payment of the applicable fees required by this chapter, provided such practice is under the supervision of a registered specialist in a licensed specialty or cosmetology salon.

(1) A cosmetologist’s license that has become inactive may be reactivated under s. 477.019 upon application to the department.

(2) The board shall promulgate rules relating to licenses, which have become inactive and for the renewal of inactive licenses. The board shall prescribe by rule a fee not to exceed $50 for the reactivation of an inactive license and a fee not to exceed $50 for the renewal of an inactive license.

477.0213 Cosmetology graduates of Florida School for the Deaf and the Blind; licenses – The department shall license candidates upon graduation from the Cosmetology Division of the Florida School for the Deaf and Blind.

(1) The board shall specify by rule the general areas of competency to be covered by examinations for the licensing under this chapter of cosmetologists. The board may, by rule, offer a written clinical examination or a performance examination.

(2) The board shall ensure that examinations comply with state and federal equal employment opportunity guidelines.

(4) The board shall adopt rules providing for reexamination of applicants who have failed the examination.

(5) All licensing examinations shall be conducted in such manner that the applicant shall be known to the department by number only until her or his examination is completed and the proper grade determined.

477.023 Schools of cosmetology; licensure.—No private school of cosmetology shall be permitted to operate without a license issued by the State Board of Nonpublic Career Education pursuant to chapter 246.

477.025 Cosmetology salons; specialty salons; requisites; licensure; inspection –

(1) No cosmetology salon or specialty salon shall be permitted to operate without a license

(2) The board shall adopt rules governing the licensure and operation of salons and specialty salons

(3) Any person, firm or corporation desiring to operate a cosmetology salon or specialty salon in the state shall submit to the department and accompanied by any relevant information requested by the department and by an application fee.

(4) The department may cause an investigation to be made of the proposed cosmetology salon or specialty salon.

(5) When an applicant fails to meet all requirements, the department shall deny the application in writing and shall list the specific requirements not met.

(6) When the department determines that the proposed cosmetology salon may meet the requirements set forth herein, the department shall grant the license.

(7) No license for operation of a cosmetology salon or specialty salon may be transferred from the name of the original licensee to another.

(8) Renewal of license registration for cosmetology salons or specialty salons shall be accomplished pursuant to rules adopted by the board.

(9) The board is authorized to adopt rules governing the periodic inspection of cosmetology salons and specialty salons.

(10) (a) The board shall adopt rules governing the licensure, operation and inspection of mobile cosmetology salons.

(b) Each mobile salon must comply with all licensure and operating requirements specified in this chapter or chapter 455 or rules of the board that apply to cosmetology salons at fixed locations.

(c) A mobile cosmetology salon must maintain a permanent business address, located in the inspection area of the local department office, at which records of appointments, itineraries, license numbers of employees, and vehicle identification numbers of the license holder’s mobile salon shall be kept and made available for verification purposes by department personnel, and at which correspondence from the department can be received.

(d) To facilitate periodic inspections of mobile cosmetology salons, prior to the beginning of each month each mobile salon license holder must file with the board a written monthly itinerary listing the locations where and the dates and hours when the mobile salon will be operating.

(f) The operation of mobile cosmetology salons must be in compliance with all local laws and ordinances regulating business establishments, with all applicable requirements of the Americans with Disabilities Act relating to accommodations for persons with disabilities, and with all applicable OSHA requirements.

(a) For cosmetologists, fees for original licensing, license renewal, and delinquent renewal shall not exceed $25

(b) For cosmetologists, fees for endorsement application, examination, and reexamination shall not exceed $50.

(c) For cosmetology and specialty salons, fees for license application, original licensing, license renewal, and delinquent renewal shall not exceed $50.

(d) For specialists, fees for application and endorsement registration shall not exceed $30.

(e) For specialists, fees for initial registration, registration renewal and delinquent renewal shall not exceed $50

(f) For hair braiders, hair wrappers, and body wrappers, fees for registration shall not exceed $25

(2) All moneys collected by the department from fees authorized by this chapter shall be paid into the Professional Regulation Trust Fund, which fund is created in the department, and shall be applied in accordance with ss. 215.37 and 455.219. The Legislature may appropriate any excess moneys from this fund to the General Revenue Fund.

(3) The department, with the advice of the board, shall prepare and submit a proposed budget in accordance with law.

477.0263 Cosmetology services to be performed in licensed salon; exception.—

(1) Only licensed cosmetologists in licensed salons shall perform cosmetology services.

(2) A licensed cosmetologist in a location other than a licensed salon, including, but not limited to, a nursing home, hospital, or residence, when a client for reasons of ill health is unable to go to a licensed salon, may perform cosmetology services.

(3) Arrangements for the performance of such cosmetology services in a location other than a licensed salon shall be made only through a licensed salon.

(4) Any person who holds a valid cosmetology license in any state or who is authorized to practice cosmetology in any country, territory or jurisdiction of the United States may perform cosmetology services in a location other than a licensed salon when such services are performed in connection with the motion picture, fashion photography, theatrical, or television industry; a manufacturer trade show demonstration; or an educational seminar.

(a) Engage in the practice of cosmetology or a specialty without an active license

(b) Own, operate, maintain, open, establish, conduct, or have charge of, either alone or with another person or persons, a cosmetology salon or specialty salon:

2. In which a person not licensed is permitted to perform cosmetology services or any specialty.

(d) Permit an employed person to engage in the practice of cosmetology or of a specialty unless such persons hold a valid, active license.

(g) Advertise or imply that skin care services or body wrapping, have any relationship to the practice of massage.

(h) Any person who violates any provision of this section is guilty of a misdemeanor of the second degree.

(1) The board shall have the power to revoke or suspend the license of a cosmetologist in any of the following cases:

(a) Upon proof that a license or registration has been obtained by fraud or misrepresentation

(b) Upon proof that a license or registration is guilty of fraud or deceit or of gross negligence, incompetence, or misconduct in the practice or instruction of cosmetology or a specialty.

(c) Upon proof that the holder of a license or registration is guilty of aiding assisting, procuring, or advising any unlicensed person to practice as a cosmetologist.

(a) Hold himself or herself out as a cosmetologist or specialist, hair wrapper, hair braider, or body wrapper unless duly licensed or registered as provided in this chapter.

(b) Operate any cosmetology salon unless it has been duly licensed as provided in this chapter.

(c) Permit an employed person to practice cosmetology or a specialty unless duly licensed or registered as provided in this chapter.

(e) Give false or forged evidence to the department in obtaining any license provided for in this chapter.

(i) Violate or refuse to comply with any provision of this chapter or chapter 455 or a rule or final order of the board or the department.

(2) Any person who violates the provisions of the section shall be subject to one or more of the following penalties, as determined by the board:

(a) Revocation or suspension of any license or registration issued pursuant to this chapter.

(d) Placement on probation for a period of time and subject to such reasonable conditions as the board may specify.

FLORIDA ADMINISTRATIVE CODE Chapter 61G5-17 -- Organization, Purpose, Meetings, Probable Cause Determination, Procedures

(1) The board may be contacted through the Department of Business and Professional Regulation, Northwood Centre, 1940 N. Monroe Street, Tallahassee, Florida 32399-0750. Office hours are 8:00 A.M. to 5:00 P.M., Monday through Friday, except for state holidays.

The Department of Business and Professional Regulation shall make the determination as to whether probable cause exists.

The board shall hold such meetings during the year as it may deem necessary, one of which shall be the annual meeting. The Chairman or a quorum of the Board shall have the authority to call other meetings. The Chairman and Vice-Chairman shall be elected at the annual meeting in January.

Unexcused absences shall include any absence other than: one caused by serious illness of a member preventing attendance; death or serious illness of a family member; unavoidable travel delays or cancellations preventing attendance; or any conflict, extraordinary circumstances or event approved by the chairperson of the board.

(1) Except in the case of emergencies, the Board shall give at least seven (7) days notice of any meeting or workshop to the public by publication in the Florida Administrative Weekly.

(2) The notice shall state the date, time and place of the meeting, a brief description of the purpose of the meeting and the address where persons may write to obtain a copy of the agenda

The Executive Director and Chairman of the Board shall prepare an agenda and make it available in time to insure that a copy of the agenda may be received at least seven (7) days before the event by any person in the state who requests a copy and pays the reasonable cost of the copy.

The Board may hold an emergency meeting, for the purpose of acting on emergency matters affecting the public health, safety, and welfare.

In addition to receiving fifty dollars ($50.00) compensation per day for attending official meetings of the board, a board member shall also be eligible to receive compensation for the following “other business involving the board”;

(1) All joint Board or committee meetings required by statute, Board rule or Board action;

(3) Meetings of Board members with Department staff or contractors of the Department

(4) Meetings or conferences which the board member attends at the request of the Secretary or the Secretary’s designee;

(6) All activity of Board members, if authorized by the Board, when grading, proctoring or reviewing examinations given by the Department;

(7) All participation in Board authorized meetings with professional associations of which the Board is a member or invitee.

(9) In the event that a board member is present for a meeting or hearing defined above, and the meeting is canceled without prior notice, the attending board member will be eligible for compensation provided the member was present at the scheduled time.

A cosmetologist is a person who is licensed to perform the mechanical or chemical treatment of the head, face and scalp for aesthetic rather than medical purposes, including, but not limited to, hair shampooing, hair cutting, hair arranging, hair braiding, hair coloring, permanent waving, hair relaxing, or non-invasive hair removal, for compensation in a licensed cosmetology salon. For the purposes of this act “compensation” is defined as the payment of money or its equivalent, the receipt or delivery of property or the performance of a service, or the receipt or delivery of anything of value in exchange for cosmetology services. For the purposes of this act “medical purposes” is defined as any form of bodily intrusion into the orifices, skin, muscles, or any other tissues of the body.

(2) If an applicant for licensure by examination meets all required qualifications, he or she shall be entitled to take the licensure examination to practice cosmetology if the applicant has received a minimum of 1,000 hours of training established by the Board, and has been certified by the Director of the school or program in which he or she is currently enrolled to have achieved the minimum competency standards.

Every person desiring to be examined for licensure as a cosmetologist shall apply to the department in writing and pay an examination fee.

The applicant must present with the application two (2) 2” x 2” photographs taken within the past twelve (12) months and evidence of completion of cosmetologist training.

(1) The Department shall notify the applicant fourteen (14) days prior to the examination if the applicant is eligible to take the examination

(1) The Cosmetology examination shall consist of two parts, a written theory examination and a written clinical examination; both parts must be successfully completed prior to licensure.

(2) The written theory examination shall be administered by the Department. The following subjects will be tested on the examination and will be weighted approximately as designated:

1. General Safety and Sanitation Procedures 34%

5. Professional/Legal and Ethical Laws and Rules 10%

(3) The second part of the examination shall be a written clinical examination administered by the Department. The following subjects will be tested on the examination and will be weighted approximately as follows:

(1) An applicant who fails the examination shall be entitled to re-examination. Those applicants not achieving a passing grade shall be required to retake and pass only that part failed, provided that the applicant must pass both parts of the examination within a two-year period. If any applicant fails to achieve a passing a grade on all parts within the 2 years, the applicant shall be required to retake the full examination.

(2) Any person desiring to be reexamined for licensure shall apply to the Department in writing and pay a reexamination fee.

(3) Those applicants, who qualified to take the examination after completion of only 1,000 hours of training and failed, shall be entitled to reexamination only upon completion of the full requirements.

(4) An applicant who has twice failed the examination shall return to an approved school of cosmetology for a minimum of 40 hours of remedial instruction prior to taking any part of the examination for the third time. An applicant who fails any portion for the third time shall return to an approved school of cosmetology for 80 hours of remedial instruction.

(1) An applicant is entitled to review his examination questions, answers, papers, grades and grading key used in the state examination for licensure; however, no applicant may copy any materials provided for his review.

(1) Following the completion of the first licensing examination by a graduate and pending the results of that examination and the issuance of a license to practice cosmetology by the Department, an applicant for licensure as a cosmetologist shall be eligible to practice cosmetology subject to the following conditions:

(a) All cosmetology services to be performed under the supervision of a licensed cosmetologist. “Under the supervision of a licensed cosmetologist” shall mean that a cosmetologist shall be physically present at all times when the applicant is performing cosmetology services.

(b) All cosmetology services performed by the applicant under this exception shall be performed in a licensed cosmetology salon.

(c) Prior to beginning the practice of cosmetology, all applicants shall provide to the cosmetology salon a copy of the completed application for licensure and a copy of the notification by the Department that the applicant has been scheduled to take the licensure examination.

(d) Upon receipt of the results of the first licensure examination taken by the applicant, which indicate that the applicant has failed, that applicant shall immediately cease the practice of cosmetology until the applicant applies to retake the licensure examination at the next available licensure examination. Once the applicant shall have submitted a complete application for reexamination and shall have paid all applicable reexamination fees, that applicant shall be eligible to resume the practice of cosmetology

(2) Upon receipt of the results of the second licensure examination taken by the applicant who indicates that the applicant failed to achieve a passing grade, the applicant shall immediately cease the practice of cosmetology until after the applicant shall have taken and passed the licensure examination.

(1) A cosmetologist shall renew his or her license on or before October 31 each biennial year according to the fee schedule as outlined in Rule 61G5-24.008

(2) Spouses of members of the Armed Forces of the United States are exempted from all licensure renewal provisions, but only in cases of absence from the state because of their spouses’ duties.

61G5-18.011 Initial Licensure or Registration Requirement for instruction on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome Course Content and Approval Requirements.

(1) Each applicant for initial licensure or registration under Chapter 477, Florida Statutes shall complete a board-approved course on Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS).

(2) If an applicant for initial licensure has not completed a board-approved education course on HIV and AIDS at the time of application, he or she may request an additional 6 month period in which to complete a board-approved course on HIV and AIDS. The applicant shall be required to submit proof of the completion of this course in the form of a certificate of completion from the provider of such course to the department within the 6-month period.

(3) The board must approve all educational courses on HIV and AIDS. To be considered for the Board’s approval, courses on HIV and AIDS shall consist of:

(a) Education on the modes of transmission, infection control procedures, clinical management and prevention of HIV and AIDS;

(b) Discussion of attitudes towards HIV and AIDS as well as appropriate behavior in dealing with persons whom may have the virus or syndrome.

(4) All proposed HIV and AIDS educational courses must be submitted at least 60 days prior to the next scheduled board meeting. No course may be taught for credit until it has received the Board’s approval.

(5) The Board approves the following courses for satisfying continuing education requirements:

(b) Basic AIDS educational courses presented by the Florida Department of Health or other state health departments.

(6) Home study or video courses may be approved by the Board Home study courses must require a 75% passing score.

(7) At any time, the Board may deny or rescind its approval of a course if it finds that: such approval was the result of fraud; the course which is being provided fails to cover the information required by statute or subsection (3) or fails to meet other requirements specified in this rule; or the course significantly varies from the course proposal that was approved by the Board. Before rescinding approval of a course, the Board shall give the course provider notice and an opportunity to be heard. If the Board denies or rescinds its approval of a course because of the course provider’s fraud in obtaining such approval, then the course provider shall thereafter be barred from presenting any other course to licensees for credit unless the course provider demonstrates to the Board that he or she has been sufficiently rehabilitated to be trusted to provide such courses to licensees in the future

61G5-20.0015 Performance of Cosmetology or Specialty Services Outside a Licensed Salon

(1) A licensed cosmetologist or specialist in a location other than a licensed salon may perform cosmetology or specialty services, when a client for reasons of ill health is unable to go to a licensed salon. The following procedure shall be followed:

(b) The name of the client and the address shall be recorded in the appointment book,

(2) Cosmetology services may only be performed in a photography studio salon subject to the following requirements:

(a) Only hair-arranging services and the application of cosmetic products may be performed in a photography studio salon; and, may only be performed for the purpose of preparing a model or client of the photography studio for a photographic session. Shampooing the hair, hair cutting, hair coloring, permanent waving of the hair, hair relaxing, removing of hair, manicuring, pedicuring, and the performance of any other service defined as cosmetology may not be performed in a photography studio salon.

(b) All hair-arranging services and applications of cosmetic products to be performed in the photography studio salon shall be performed by a licensed Florida cosmetologist or under the supervision of a licensed cosmetologist employed by the salon. “Under the supervision of a licensed cosmetologist” shall mean that an individual who then holds a current, active Florida license as a cosmetologist shall be physically present at the photography salon at all times when hair-arranging services or applications of cosmetic products are being performed.

(c) When performing hair-arranging services, the photography studio salon shall use either disposable hair arranging implements or shall use a wet or dry sanitizing system approved by the federal Environmental Protection Agency.

For purposes of Section 477.0263(3), F.S., fashion photography is hereby defined to mean the photographing of one or more human subjects or professional models for commercial purposes where the subject or model receives remuneration, compensation or wages for being photographed. Fashion photography shall not include instances in which the subject pays a photographer a fee to be photographed or instances in which the photographs are made for the personal use and enjoyment of the subject rather than for commercial purposes.

(a) Submit an application on forms prescribed by the Department of Business and Professional Regulation; and

(b) Pay the required registration fee as outlined in the fee schedule in Rule 61G5-24.005; and

(c) Meet the safety and sanitary requirements as listed below and these requirements shall continue in full force and effect for the life of the salon:

1. Ventilation and Cleanliness: Each salon shall be kept well ventilated. The walls, ceilings, furniture and equipment shall be kept clean and free from dust. Hair must not be allowed to accumulate on the floor of the salon. Hair must be deposited in a closed container. Each salon, which provides services for the extending or sculpturing of nails, shall provide such services in a separate area, which is adequately ventilated for the safe dispersion of all fumes resulting from the services.

2. Toilet and Lavatory Facilities: Each salon shall provide—on the premises or in the same building as, and within 300 feet of, the salon—adequate toilet and lavatory facilities. To be adequate, such facilities shall have at least one toilet and one sink with running water. Such facilities shall be equipped with toilet tissue, soap dispenser with soap or other hand cleaning material, sanitary towels or other hand-drying device such as a wall-mounted electric blow dryer, and waste receptacle. Such facilities and all of the foregoing fixtures and components shall be kept clean, in good repair, well lighted, and adequately ventilated to remove objectionable odors.

3. A salon or specialty salon may be located at a place of residence. Salon facilities must be separated from the living quarters by a permanent wall construction a separate entrance shall be provided to allow entry to the salon other than from the living quarters. Toilet and lavatory facilities shall comply with (c) 2. above and shall have an entrance from the salon other than the living quarters.

4. Animals: No animals or pets shall be allowed in a salon, with the exception of fish kept in closed aquariums, or trained animals to assist the hearing impaired, visually impaired, or the physically disabled.

5. Shampoo Bowls: Each salon shall have shampoo bowls equipped with hot and cold running water. The shampoo bowls shall be located in the area where cosmetology services are being performed. A specialty salon that exclusively provides specialty services, as defined in Section 477.013(6), F.S., need not have a shampoo bowl, but must have a sink or lavatory equipped with hot and cold running water on the premises of the salon.

(a) Linens: Each salon shall keep clean linens in a closed dustproof cabinet. All soiled linens must be kept in a closed receptacle. Soiled linens may be kept in open containers if entirely separated from the area in which cosmetology services are rendered to the public. A sanitary towel or neck strip shall be placed around the patron’s neck to avoid direct contact of the shampoo cape with a patron’s skin.

(b) Containers: Salons must use containers for waving lotions and other preparations of such type as will prevent contamination of unused portion. All creams shall be removed from containers by spatulas.

(c) Sterilization and Disinfections: The use of a brush, comb or other article on more than one patron without being disinfected is prohibited. Each salon is required to have sufficient combs, brushes and implements to allow for adequate disinfecting practices. Combs or other instruments shall not be carried in pockets.

(d) Sanitizers: All salons shall be equipped with and utilize wet sanitizers; with hospital level disinfectant or EPA approved disinfectant, sufficient to allow for disinfecting practices.

1. A wet sanitizer is any receptacle containing a disinfectant solution and large enough to allow for a complete immersion of the articles. A cover shall be provided.

2. Disinfecting methods which are effective and approved for salon: First, clean articles with soap and water, completely immerse in a chemical solution that is hospital level or EPA approved disinfectant as follows:

a. Combs and brushes, remove hair first and immerse in hospital level or EPA approved disinfectant:

c. Instruments with cutting edge, wipe with a hospital level or EPA approved disinfectant;

d. Implements may be immersed in a hospital level or EPA approved disinfectant solution.

3. For purposes of this rule, a “hospital level disinfectant or EPA approved disinfectant” shall mean the following:

a. For all combs, brushes, metallic instruments, instruments with a cutting edge, and implements that have not come into contact with blood or body fluids, a disinfectant that indicates on its label that it has been registered with the EPA as a hospital grade bacterial, virucidal and fungicidal disinfectant;

b. For all combs, brushes, metallic instruments with a cutting edge, and implements that have come into contact with blood or body fluids, a disinfectant that indicates on its label that it has been registered with the EPA as a tuberculocidal disinfectant, in accordance with 29 C.F.R. 1910.1030-.

4. All disinfectants shall be mixed and used according to the manufacturer’s directions.

(e) After cleaning and disinfecting, articles shall be stored in a clean, closed cabinet or container until used. Undisinfected articles such as pens, pencils, money, paper, mail, etc, shall not be kept in the same container or cabinet. For the purpose of recharging, rechargeable clippers may be stored in an area other than in a closed cabinet or container, provided such area is clean and provided the cutting edges of such clippers have been disinfected.

(f) Ultra Violet Irradiation may be used to store articles and instruments after they have been cleansed and disinfected.

(3) No cosmetology or specialty salon shall be operated in the same licensed space allocation with any other business which adversely affects the sanitation of the salon, or in the same licensed space allocation with a school teaching cosmetology or a specialty licensed under Chapter 477, or in any other location, space, or environment which adversely affects the sanitation of the salon. In order to control the required space and maintain proper sanitation, where a salon adjoins such other business or school, or such other location, space or environment, there must be permanent walls separating the salon from the other business, school, location, space or environment, and there must be separate and distinctly marked entrances for each.

(4) Evidence that the full salon contains a minimum of 200 square feet of floor space. No more than two (2) cosmetologists or specialists may be employed in a salon, which has only the minimum floor space.

(5) A specialty salon offering only one of the regulated specialties shall evidence a minimum of 100 square feet used in the performance of the specialty service and shall meet all the sanitation requirements stated in this section. No more than one specialist or cosmetologist may be employed in a specialty salon with only the minimum floor space. An additional 50 square feet will be required for each additional specialist or cosmetologist employed.

(6) For purposes of this rule, “permanent wall:” means a vertical continuous structure of wood, plaster, masonry, or other similar building material, which is physically connected to a salon’s floor and ceiling, and which serves to delineate and protect the salon.

(7) Not withstanding the above, a salon whose practice is limited to only hair braiding shall comply with the following:

(a) Submit an application on form BPR/CL/001 prescribed by the Department of Business and Professional Regulation as set out in Rule 61G5-17.006;

(b) Pay the required registration fee as outlined in the fee schedule in Rule 61G5-24.005;

(c) Meet the safety and sanitary requirements as listed below and these requirements shall continue in full force and effect for the life of the salon;

1. Ventilation and Cleanliness: Each hair-braiding salon shall be kept well ventilated. Each salon shall be kept clean and free of dust.

2. Toilet and Lavatory Facilities: Each hair braiding salon shall provide on the same premises, in the same building, or within 300 feet of the hair braiding salon, adequate toilet and lavatory facilities. To be adequate, such facilities shall have at least one toilet and one sink with running water. Such facilities shall be equipped with toilet tissue, soap dispenser with soap or other hand cleaning material, sanitary towels or other hand-drying device such a wall-mounted electric blow dryer, and waste receptacle. Such facilities and all of the foregoing fixtures and components shall be clean, in good repair, well lighted, and adequately ventilated to remove objectionable odors. In addition, the facilities must be made available to remove objectionable odors. In addition the facilities must be made available to the patrons of a hair-braiding salon.

3. A hair-braiding salon may be located at a place of residence. Such hair braiding salons must be separated from the living quarters by a permanent wall construction as defined in 61G5-20.002(6) above. A separate entrance to the hair-braiding salon shall be provided other than from or through the living quarters. Toilet and lavatory facilities shall comply with 61G5-20.002(c) 2. above and shall have an entrance from the salon other than through the living quarters.

4. Animals: No animals or pets shall be allowed in a hair braiding salon except for trained animals to assist the hearing impaired, visually impaired, or the physically disabled.

1. Tools/equipment used: a hair braiding salon is not permitted to use or allow a hair braider to use brushes, combs, or other cosmetology tools, equipment, or instruments on a client except for one-time use disposable clips or bobby pins to separate portions of a client’s hair unless such brushes, combs, or other cosmetology tools, equipment or instruments are maintained and kept sanitary as provided in 61G5-20.002(2) above.

2. Each hair-braiding salon is required to have a sufficient number of one-time used disposable clips and bobby pins to service each salon client with new and unused clips and pins if such one-time use disposable clips and bobby pins are used.

3. Such one-time use disposable clips and bobby pins shall be kept in safe and sanitary conditions and shall not be carried in a pocket. Such clips and pins shall be disposed of immediately after use.

4. Sanitizers: Hair braiding salons shall be equipped with and utilize a wet sanitizer when the salon or any hair braiders working in the salon makes use of brushes, combs, or other cosmetology tools, equipment, or instruments in accordance with the requirements of 61G5-20.002(2).

5. Every hair braider shall clean or disinfect his or her hands after braiding a client’s hair by washing the hands thoroughly with an antibacterial soap and water, or by means of any equally effective disinfectant such as a disposable antibacterial hand wipe.

(e) Evidence that the hair-braiding salon contains a minimum of 100 square feet of floor space. No more than one (1) hair braider or cosmetologist may practice hair braiding at one time in a hair braiding salon, which has only the minimum floor space. An additional 50 square feet of floor space shall be required for each additional cosmetologist or hair braider who practices hair braiding at the same time in such a salon. A hair-braiding salon, unless in a residence, shall not re required to have permanent walls, but shall be required to be at a fixed location.

The Department of Business and Professional Regulation shall cause an inspection of all proposed salons to determine if all the requirements have been met. The Department shall inspect each licensed salon at least annually.

61G5-20.004 Display of Documents. Licensees shall display for public viewing in a conspicuous place the following documents:

(2) Current licenses for cosmetologists and specialists employed therein. A photograph which is approximately 2” by 2” and less than two years old shall be attached to the displayed license of each cosmetologist and specialist employed in the salon.

61G5-20.005 Salon License Renewal. All salon licenses shall be renewed on or before November 30, of each biennial year, by meeting all the current requirements for salon licensure as expressed in Rule Chapter 61G5-24, and by paying the fee specified in Rule 61G5-24.009. A salon license is delinquent if not renewed by the November 30 renewal date. To renew a delinquent license a licensee shall pay delinquent fee as outlined in Rule 61G5-24.009 (in addition to the biennial renewal fee). A delinquent salon license shall expire at the end of the biennium in which it becomes delinquent. After a salon license has expired at the end of the biennium, a new salon license application, and the delinquent fee as outlined in Rule 61G5-24.009 and all fees as outlined in Rule 61G5-24.005 must be filed with the Board. Until such new license is issued for and received by the salon, all cosmetology and specialty services shall cease.

No salon license may be transferred from the name of one licensee to another. A salon license may be transferred from one location to another only by filing a new application and fee and obtaining departmental approval, pursuant to the requirements of Rule 61G5-20.002, prior to transferring the license.

(1) No person engaged in the practice of cosmetology or a specialty in a salon shall proceed with any service to a person having a viable disease, pediculosis, or open sores suggesting a communicable disease, until such person furnishes a statement signed by a physician licensed to practice in the State of Florida stating that the disease or condition is not in an infectious, contagious or communicable stage.

(2) No cosmetologist or person registered to practice any specialty in Florida, who has a visible disease, pediculosis, or open sores suggesting a communicable disease, shall engage in the practice of cosmetology or any specialty, until such cosmetologist or registrant obtains a statement signed by a physician licensed to practice in the State of Florida stating that the disease or condition is not an infectious, contagious, or communicable stage.

61G5-20.008 Employment of Applicants for Licensure as a Cosmetologist Prior to Licensure; Employment of Applicants for Registration as a Specialist Prior to Registration.

(1) Holders of a cosmetology salon license who wish to permit an applicant for licensure as a cosmetologist by examination to perform cosmetology services in their salon pursuant to Rule 61G5-18.0055, shall:

(a) Prior to permitting an applicant to perform cosmetology services in their salon, obtain from the applicant a copy of the completed application for licensure by examination submitted to the Department by the applicant, and a copy of the notification by the Department to the applicant that he or she has been scheduled to take the licensure examination. The cosmetology salon license holder shall not permit an applicant to practice cosmetology or perform cosmetology services in the salon until after the date of the licensure examination as indicated on the notification from the Department.

(b) Upon learning or in any way becoming aware that an applicant who is performing cosmetology services in their salon pursuant to Rule 61G5-18.0055 has either failed to take the first licensure examination as scheduled by the Department, or has failed to achieve a passing grade on the first licensure examination taken by the applicant, immediately cease to permit the applicant to further perform cosmetology services until the applicant provides to the cosmetology salon license holder a copy of the completed application for reexamination submitted to the Department by the applicant for the next available licensure examination immediately following the licensure examination which the applicant failed to take or pass.

(c) Upon learning or in any way becoming aware that an applicant who is performing cosmetology services in their salon pursuant to Rule 61G5-18.0055 has either failed to take the next available licensure examination immediately following the licensure examination which the applicant failed to pass, immediately cease to permit the applicant to further perform cosmetology services until the applicant provides to the cosmetology salon license holder proof of having been issued a cosmetology license by the Department.

(d) Ensure that all cosmetology services performed by the applicant in the salon are performed in accordance with the conditions as set forth in Rule 61G5-18.0055.

(e) Display in a conspicuous place at the cosmetology salon location in which the applicant performs cosmetology services under Rule 61G5-18.0055 a copy of the completed application for licensure by examination submitted to the Department by the applicant, and a copy of the completed application for reexamination submitted to the Department by the applicant if such reexamination is required under Rule 61G5-18.005.

(2) Holders of a cosmetology or specialty salon license who wish to permit an applicant for registration as a specialist to perform specialty services in their salon pursuant to Rule 61G5-29.004, or who wish to permit applicants for registration as a hair braider or hair wrapper for perform hair braiding or hair wrapping services in their salon pursuant to Rule 61G5-31.006, shall:

(a) Prior to permitting an applicant to perform any specialty services or hair braiding or hair wrapping services in their salon, obtain from the applicant a copy of the completed application for registration submitted to the Department by the applicant;

(b) Upon learning or in any way becoming aware that an applicant who is performing specialty services in their salon pursuant to Rule 61G5-29.994, or performing hair braiding or hair wrapping services in their salon pursuant to Rule 61G5-31.006, has been notified that his or her application is incomplete, or has been determined by the Board to be not qualified for registration as a specialist, shall immediately cease to permit the applicant to further perform specialty services.

(c) Ensure that all specialty services performed by the applicant to the salon are performed in accordance with the conditions as set forth in Rule 61G-29.004, and all other applicable laws and Rules of the Board.

(d) Ensure that all hair braiding and hair wrapping services performed by the applicant in the salon are performed in accordance with all applicable laws and Rules of the Board

(e) Display in a conspicuous place at the cosmetology or specialty salon location in which the applicant performs specialty services pursuant to Rule 61G5-29.004, or hair braiding or hair wrapping services pursuant to Rule 61G5-31.006, a copy of the completed application for registration as a specialist or application for registrations as a hair braider or hair wrapper submitted to the Department by the applicant.

(1) This rule is and shall remain in full force and effect for all mobile salons licensed as of July 31, 1995. However, the Board shall not issue further mobile salon licenses until such time as legislation has been enacted specifically authorizing mobile salon licenses or the issue has been otherwise resolved in favor of granting such licenses.

(2) Each mobile salon shall meet and be in compliance with the requirements of this rule as well as the same licensure and operating requirements specified in Chapters 455 and 477, F.S., and in the other rules of the Board and the Department, which apply to cosmetology salons at fixed locations.

(a) Prior to the beginning of each month, each mobile salon license holder shall file with the Board’s office at 1940 North Monroe Street, Tallahassee, Florida 32399-0750 a written monthly itinerary, which lists the locations where and the dates and hours when the mobile salon will be operating.

(b) The salon name and salon license number shall be in lettering at least five inches in height and shall be visibly displayed and clearly legible on at least two exterior sides of each mobile salon.

(c) If a mobile salon is in a motor vehicle, the vehicle’s identification number shall be included on the mobile salon’s application for licensure and shall also be listed on the mobile salon’s monthly itinerary required in paragraph (a) of this subsection.

(d) Each mobile salon shall have a telephone or other means of telecommunication by which it can be contacted by Department personnel. The salon’s telephone number shall be included on the mobile salon’s monthly itinerary required in paragraph (a) of this subsection.

(e) Each salon shall be operated only at the times and places specified in its monthly itinerary and if it is unable to comply with this requirement because of an emergency or other reason, then the local district office shall be notified as soon as practicable.

(f) Each mobile salon license holder shall maintain a permanent business address in the inspection area of the local district office at which records of appointments, itineraries, license numbers of employees, and vehicle identification numbers of the license holders mobile salon shall be kept and made available for verification purposes by Department personnel, and at which correspondence from the Department can be received.

(4) Due to the inherent problems of providing water and sewage service to mobile salons, the following requirements shall apply:

(a) Each mobile salon shall be equipped with a functional restroom, which includes a self-contained, flush chemical toilet with a holding tank. The restroom shall also be in substantial compliance with the toilet and lavatory requirements specified in Rule 21F-20.002.

(b) Each mobile salon shall have storage capacity for at least 35 gallons of clean water for each cosmetologist working in the mobile salon and a total storage capacity for wastewater equal to or greater than the mobile salon’s total capacity for clean water.

1. When the mobile salon’s clean water supply is depleted or so diminished that further cosmetology service cannot be completed;

(d) No mobile salon shall operate or resume operation unless it has a sufficient amount of clean water as well as wastewater capacity necessary for completing all cosmetology services undertaken and its restroom is functional.

(e) In disposing of sewage and wastewater, each mobile salon shall comply with applicable state and local environmental and sanitation regulations.

1. No mobile salon shall operate or resume operation unless it has a sufficient amount of clean water as well as waste water capacity necessary for completing all cosmetology services undertaken and its restroom is functional.

2. In disposing of sewage and waste water, each mobile salon shall comply with applicable state and local environmental and sanitation regulations

61G5-24.002 Cosmetologist Examination, Specialists Registration; Endorsement Fee; Original Licensing Fee and Registration Fee.

The examination fee for a cosmetologist shall be fifty dollars ($50.00); the endorsement fee for a cosmetologist shall be fifty dollars ($50.00); the endorsement fee for a specialist shall be thirty dollars ($30.00); the registration fee for a specialist shall be twenty ($20.00); the fee for the original licensing of a cosmetologist or registration of a specialist shall be twenty dollars ($20.00). These two fees shall be paid together.

61G5-24.005 Salon License Fee. The salon license fee shall be fifty dollars ($50.00). In addition, a non-refundable application fee of forty-five dollars ($45.00) shall be submitted with the salon license application.

\61G5-24.006 Cosmetologist Reexamination Fee. The reexamination fee shall be fifty dollars ($50.00) to take a cosmetology examination.

61G5-24.007 Duplicate Licensee Fee. The fee for a duplicate license of any kind shall be twenty-five dollars ($25.00).

61G5-24.008 Biennial Renewal Fee for Cosmetologists and Specialists. The fee for biennial renewal of a cosmetologist’s license shall be thirty dollars ($30.00). The fee for biennial renewal of a specialist registration shall be twenty-five dollars ($25.00).

1. The fee for a biennial renewal of a salon license shall be fifty dollars ($50.00).

2. A salon license, which is renewed within twenty-four months of the expiration of the license, shall be renewed upon payment of a delinquent fee of fifty dollars ($50.00) (in addition to the biennial renewal fee.)

61G5-24.010 Delinquent License and Specialty Registration Fee. A licensee who is delinquent in applying for renewal shall pay a delinquent fee of twenty-five dollars ($25.00). A registrant who is delinquent in applying for renewal shall pay a delinquent fee of thirty dollars ($30.00). Such fees shall be in addition to the renewal fee.

61G5-24.011 Processing Fee; Change of Status. A license or registrant, who is applying for a change in licensure or registration at any time other than during the licensure or registration renewal period, shall pay a processing fee of five dollars ($5.00).

61G5-24.016 Reactivation Fee for Cosmetologists and Specialists. The fee for reactivation of an inactive license or specialty registration shall be ($50.00). Such fee shall be in addition to the biennial renewal fee prescribed in Rule 61G5-24.008.

1. A licensee or registrant who elects to be placed on inactive status at the time of licensure or registration renewal shall pay an inactive status fee of five dollars ($5.00) at the time of renewal.

3. The fee for renewal of an inactive registration shall be twenty dollars ($20.00)

61G5-24.018 Examination Review Fee. The fee for review of an examination shall be thirty dollars ($30.00).

Chapter 61G5-25 - Licensure Status and Notice Of Address Change 61G5-25.001 Active Status

(1) The department shall renew an active cosmetology license or specialty registration upon timely receipt of the completed application for status, the biennial renewal fee, completed application for status, the biennial renewal fee, and certification that the license or registrant has demonstrated participation in the continuing education required by Rule 61G5-18.011, F.A.C.

(2) The term “completed application “ for purposes of active status or inactive status shall mean either a complete renewal notice or a written request from the licensee or registrant accompanied by a statement affirming compliance with the applicable requirements for renewal.

(1) Any licensee or registrant may elect at the time of license renewal to place the license or registration into inactive status by filing with the Board a completed application for inactive status as defined by Rule 61G5-25.001(2) F.A.C. and by paying the inactive status fee.

(2) An inactive status licensee or registrant may change to active status at any time provided the licensee or registrant meets the continuing education requirements of Rule 61G5-18.011, F.A.C. pays the reactivation fee, and if the request to change licensure of a licensure cycle, pays the additional processing fee. However, a licensee or registrant whose license or registration has been in an inactive status for more than two consecutive biennial licensure cycles shall be required to submit a statement affirming that the licensee or registrant has read within the last thirty (30) days and is familiar with the laws and rules for the practice of cosmetology in the State of Florida before the license or registration can be placed into active status.

(3) Any inactive licensee or registrant who elects active status is not eligible to elect to return to inactive status until the next licensure renewal period.

(4) A cosmetologist or specialist may not work with an inactive or delinquent license or registration.

(1) The failure of any license or registration holder to elect active or inactive status before the license or registration expires shall cause the license or registration to become delinquent.

(2) The delinquent status licensee or registrant must affirmatively apply for active or inactive status during the licensure cycle in which the licensee or registrant becomes delinquent. The failure by the delinquent status licensee or registrant to cause the license or registration to become active or inactive before the expiration of the licensure cycle in which the license or registration null and void without further action by either the Board or the Department.

(3) The delinquent status licensee or registrant who applies for active or inactive license or registrant status shall:

(a) File with the Board a completed application for either active or inactive status as defined in Rule 61G5-25.001(2), F.A.C.

(b) Pay to the Board either the active status or inactive status fee, the delinquency fee, and if the request to change licensure status is made at any time other than at the beginning of a licensure cycle, pays the additional processing fee; and

(c) If active status is elected, demonstrate compliance with the continuing education requirements found in Rule 61G5-18.011,F.A.C.

61G5-25.005 Notice to the Department of Mailing Address and Place of Practice of Licensee.

(1) It shall be the duty of each licensee or registrant to provide written notification to the Department of the licensee’s or registrant’s current mailing address and place of practice. For purposes of this rule, “place and practice” means the address of the physical location where the licensee or registrant practices cosmetology or a specialty.

(2) At any time that the current mailing address or place of practice of any licensee or registrant changes, written notification of the change shall be provided to the Department within ninety (90) days of the change. Written notice should be sent to the following address: Florida Board of Cosmetology, Department of Business and Professional Regulation, Northwood Centre, 1940 North Monroe Street, Tallahassee Florida 32399-0790.

(3) It shall be a written violation of this rule for a licensee or registrant to fail to advise the Department within ninety (90) days of a change of mailing address. It shall not be a violation of this rule to fail to advise the Department of a change of one’s place of practice within ninety (90) days.

(1) “Specialty Registration” means a registration to practice one or more of the following specialties; manicuring/ pedicuring/nail extensions, facials (skin care and hair removal).

(2) “Certificate of Completion” means a certificate from one of the following:

(a) A school licensed pursuant to Chapter 246, Florida Statutes, or the equivalent licensing authority of another state

(c) A specialty division within the Cosmetology Division of the Florida School for the Deaf and the Blind, provided the training programs comply with minimum curriculum requirements established by the board.

(3) “Facials” means the massaging or treating of the face or scalp with or without the use of mechanical devices using oils, creams, lotions or other preparations, which may be used to prevent or correct problem conditions to the face and neck and capable of conditioning the skin performed only by individuals licensed pursuant to Sections 477.019 and 477.0201, F.S. and preformed in schools licensed pursuant to Chapter 246, F.S. or salons licensed pursuant to 477.025, F.S.

(4) “Cosmetic Demonstration” means the removal of make-up and the cleansing of the skin of the face and neck using skin cleansers, astringents, or skin fresheners without the use of a mechanical cleansing device for the purpose of demonstration of cosmetic products as part of a sales or promotion program rendered without compensation for the service.

(5) “Cosmetic Products” means any external preparation which is intended to cleanse, tone, color or beautify the face or neck, including but not limited to skin cleansers, astringents, skin fresheners, lipstick, eyeliner, eye shadow, foundation, rouge or cheek color, mascara, face powder, or corrective stick.

(6) “Simple Adhesive” as used in Section 455.013 (6) (a), F.S. means a substance by which artificial nails (such as “press on nails”) can be attached to and then easily detached from a patron with slight pressure only without the application of any nail primer or solvents of any kind, and without removing the natural oils from or roughing of such patron’s nails.

(1) An applicant who has received a certificate of completion in manicuring/pedicuring/nail extension shall be registered as a specialist in that field.

(2) An applicant who has received a certificate of completion in facials (skin care and hair removal) shall be registered as a specialist in that field.

61G5-29.003 Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (HIV/AIDS) Training for Initial Registration (1) Each applicant for initial registration as a specialist under Chapter 477, Florida Statues, shall complete a board approved educational course on Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS), and shall submit proof thereof in the form of a certificate of completion from the provider of such course with the application. A copy of the certificate will satisfy this requirement. Completion of such course shall be a condition of registration. Except as provided in paragraph (2) below, no person shall be granted an initial registration unless he or she complies with this rule.

(2) If an applicant for initial registration as a specialist under Chapter 477, Florida Statutes, has not completed a board-approved educational course on HIV/AIDS at the time of application, but has completed all other requirements for registration, he or she may request an additional 6-month period in which to complete this requirement. Such request shall be submitted at the time of filing the application for registration; and, will be made by filing a written affidavit showing good cause to grant the request. Upon the filing of such affidavit, the applicant shall be granted one, 6 month period in which to complete a board-approved educational course on HIV/AIDS. The applicant shall be required to submit proof of the completion of this course in the form of a certificate of completion from the provider of such course to the department within the 6-month period. A copy of the certificate will satisfy this requirement. Failure to submit such proof during the 6-month period shall cause any previously issued registration to become null and void without further action by the Board.

(3) All educational courses on HIV/AIDS which are taken to fulfill the requirements for initial registration as a specialist under Chapter 477, Florida Statues, must be approved by the Board prior to their completion, and must comply with all requirements regarding HIV/AIDS courses as set forth in Rule 61G5-18.011.

(4) The completion of an education course on HIV/AIDS which is taken as part of the completion of the required curriculum for the specialty registration for which the applicant has applied may be used to satisfy the requirement as set forth in this rule provided that the course has been approved by the Board prior to its completion and the course complies with all requirements regarding HIV/AIDS courses as set forth in Rule 61G5-18.011.

61G5-29.004 Supervised Specialty Practice Exception (1) Following the submission of a complete application for registration as a specialist which includes proof of the successful completion of all educational requirements for the specialty applied for and the payment of all applicable application and registration fees, and pending the issuance by the Department of a registration as a specialist under Chapter 477, Florida Statutes, an applicant for registration as a specialist shall be eligible to perform specialty services in the specialty for which the applicant has applied for registration subject to the following conditions: (a) All specialty services to be performed by the applicant under this exception shall be performed under the supervision of a registered specialist. “Under the supervision of a registered specialist” shall mean that an individual who then holds a current, active Florida registration as a specialist in the same specialty for which the applicant has applied, or an individual who then holds a current, active Florida license as a cosmetologist shall be physically present at all times when the applicant is performing specialty services.

(b) All specialty services performed by the applicant under this exception shall be performed in a licensed cosmetology or specialty salon. All times during which the applicant is performing specialty services in the salon, the license for the cosmetology or specialty salon shall be in a current and active status.

(2) Prior to beginning the performance of specialty services under this exception, all applicants shall provide to the cosmetology or specialty salon license holder or his or her representative a copy of the completed application for registration as a specialist submitted to the Department by the applicant.

(3) Upon being notified by the Department that his or her application is incomplete, or that he or she has been determined to be not qualified for registration as a specialist, an applicant shall immediately inform the cosmetology or specialty salon license holder or his or her representative of the notification; and shall immediately cease performing specialty services under this exception until the applicant shall have corrected any deficiencies in their earlier application as noted by the Department, or shall have submitted a new application which demonstrates that the applicant is qualified for registration as a specialist, and shall have paid all applicable application and registration fees.

The Department of Business and Professional Regulation shall issue a registration to a person who:

(1) Makes application and pays to the Department the fee specified in Rule 61G5-24.002;

(2) Is currently registered or licensed to practice and is currently practicing one of the specialties as defined in Section 477.013(6) and (7), F.S. under the law of another state;

(3) Demonstrates that the other state’s qualifications and requirements are comparable to or more stringent than those required by Florida Law (Chapter 477, Florida Statutes) and Rule 61G5-22.015, F.A.C.

61G5-29.012 Who May Apply. Any person is qualified for registration as a specialist in any one or more of the specialty practices within the practice of cosmetology under Chapter 477, Florida Statutes, who:

(1) Is at least 16 years of age or has received a high school diploma or GED equivalent, and

(2) Has received a certificate of completion in a specialty pursuant to Section 477.013(7), Florida Statutes, from one of the following:

(a) A school licensed pursuant to Chapter 246, Florida statutes, or the equivalent licensing authority of another state.

(c) Cosmetology Division of the Florida School for the Deaf and the Blind provided the training programs comply with minimum curriculum requirements established by the Board.

(3) A person desiring to be registered as a specialist shall apply to the Department in writing upon forms prepared and furnished by the Department.

(4) Upon paying the application fee and initial registration fee, the Department shall register the applicant to practice each of the specialties for which he or she is qualified.

(1) When the Board finds that any person has committed any of the acts set forth in Section 477.029(1), Florida Statutes, it shall issue a final order imposing appropriate penalties as recommended in the following disciplinary guidelines.

(a) Holding oneself out as a cosmetologist or specialist unless duly licensed or registered as provided in Chapter 477, Florida Statutes. The usual recommended penalty shall be:

1. For an individual who has never been licensed in Florida, an administrative fine of $500.00;

2. For a licensee or registrant who fails to properly renew, an administrative fine of $50.00 per month or part of a month during which the licensee or registrant remained unlicensed or unregistered up to a total of $500.00.

(b) Operating any cosmetology salon unless it is duly licensed as provided in Chapter 477, Florida Statutes, the usual penalty shall be:

1. For a salon which has never been licensed, or for operation of an unlicensed salon within a residence, an administrative fine of $500.00.

2. For a salon license which has become delinquent, an administrative fine of $50.00 per month or part of the month during which such operation has taken place up to a total of $200.00

(c) Permitting an employed person to practice cosmetology or a specialty unless duly licensed or registered as provided in Chapter 477, Florida Statues, unless such employed person is exempted pursuant to Section 477.0135(8), F.S. The recommended penalty shall be:

1. For employing an individual who has never been licensed or registered in Florida or who is not exempt, an administrative fine of $500.00.

2. For employing an individual who failed to properly renew or whose exemption has terminated, an administrative fine of $50.00 per month or part of a month during which such individual was employed up to a total of $500.00.

(d) Presenting, as one’s own, the license or registration of another. The usual recommended penalty shall be an administrative fine of $500.00 and a reprimand.

(e) Giving false or forged evidence to the Department or the Board in order to obtain any license or registration provided for in Chapter 477, Florida Statutes. The recommended penalty shall be an administrative fine of $500 and refusal to recommend approval of said license or registration or revocation of any license or registration received as a result of such action.

(f) Impersonate any other license holder or registrant of like or different name. The usual fine of $500 and a 6-month suspension of any other license or registration held by the licensee pursuant to Chapter 477, Florida Statutes.

(g) Using or attempting to use a license or registration that has been revoked. The usual recommended penalty shall be an administrative fine of $500 and a one-year suspension of any other license or registration held by the licensee or registrant pursuant to Chapter 477, Florida Statutes.

(h) Violating any provision of Section 477.0265, Section 477.028 or Section 455.227(1), Florida Statutes. The usual recommended penalty shall be the penalty recommended in Subsection (2) and (3) below or Subsection (1) (I) (2).

(i) Violating or refusing to comply with any provision of Chapter 477, Florida Statutes or Chapter 455 or a rule or final order of the Board. The usual recommended penalty shall be:

1. For a violation of Chapter 477, Florida Statutes, the recommended penalty stated in this section for such violation;

2. For a violation of Chapter 455, Florida Statutes, imposition of a penalty within the range stated in Section 455.227 Florida Statutes, for violation thereof;

3. For a violation of a rule of the Board, the recommended penalty as stated in this section for such violation, and any further penalty deemed appropriate by the Board within the limits of 61G5-30.001(5), F.A.C.

4. For a violation of a final order of the Board, an administrative fine of $500 and a 6 month suspension.

(j) Violating the safety and sanitary requirements of Section 61G5-20.002(3)-(7), F.A.C. The usual recommended penalty shall be an administrative fine of $50 per violation if less than 3 violations are found to have occurred, or an administrative fine of $250 if 3 or more violations are found to have occurred, or an administrative fine of $500 if 5 or more violations are found to have occurred at the time of this violation.

1. In any case where a salon is found to be operating without sterilization equipment the Board shall impose an administrative fine of $250.

(2) When the Board finds that any person has committed any of the acts set forth in section 477.0265(1), Florida Statutes, it shall also find that person to be in violation of Section 477.029(1) (h), Florida Statutes, and it shall issue a final order imposing appropriate penalties as recommended in the following disciplinary guidelines.

(a) Engaging in the practice of cosmetology or a specialty without an active license as a cosmetologist or a registration as a specialist issued by the Department pursuant to the provisions of Chapter 477 Florida Statutes. The usual recommended penalty shall be:

1. For an individual who has never been licensed or registered in Florida, an administrative fine of $500;

2. For a license or registrant who fails to properly renew, an administrative fine of $50 per month or part of a month during which the licensee remained unlicensed or registrant remained unregistered up to a total of $500.

(b) Owning, operating, maintaining, opening, establishing, conducting or having charge of, either alone or with another person or persons, a cosmetology salon or specialty salon which is not licensed or registered under the provisions of Chapter 477, Florida Statutes, the usual recommended penalty shall be an administrative fine of $50 per month or part of a month during which such operation has taken place up to a total of $500.

(c) Owning, operating, maintaining opening, establishing, conducting, or having charge of, either alone or with another person or persons a cosmetology salon or specialty salon in which a person not licensed as a cosmetologist or registered as a specialist and who is not exempt pursuant to 477.0135(8) F.S. is permitted to perform cosmetology services or any specialty. The usual recommended penalty shall be:

1. For a violation involving a person who has never been licensed or registered in Florida, an administrative fine of $500.00.

2. For a violation involving a person who failed to properly renew or whose exemption has terminated, an administrative fine of $50 per month or part of a month during which each violation took place.

(d) Engaging in willful or repeated violations of Chapter, Florida Statutes, or any rule adopted by the Board. The usual recommended penalty shall be an administrative fine of $550 and suspension or revocation of any license or registration issued pursuant to Chapter 477, Florida Statutes.

(e) Permitting an employed person to engage in the practice of cosmetology or of a specialty unless such person holds a valid, active license as a cosmetologist or registration as a specialist unless such person is exempted pursuant to Section 477.0135(8), F.S. The usual recommended penalty shall be:

1. For a violation involving an employed person who has never been licensed or registered in Florida or who is not exempt, an administrative fine of $500.

2. For a violation involving an employed person who failed to properly renew or whose exemption has terminated, an administrative fine of $50 per month or part of a month during which such violation took place.

(f) Obtaining or attempting to obtain a license or registration for money, other than the required fee, or any other thing of value or by fraudulent misrepresentations. The usual recommended penalty shall be an administrative fine of $500 and a refusal to recommend approval of said license or registration or revocation of any license or registration received as a result of such action.

(g) Using or attempting to use a license to practice cosmetology or a registration to practice cosmetology or a registration to practice a specialty which license or registration is suspended or revoked. The usual recommended penalty shall be an administrative fine of $500 and a suspension, for a period of up to one year, of any other license or registration held by the license or registrant pursuant to Chapter 477, Florida Statutes.

(3) When the Board finds that any person licensed or registered under Chapter 477, Florida Statutes has committed any of the acts set forth in Section 477.028, Florida Statutes is recommended that the Board issue a final order imposing a revocation of the license or registration involved in any such violation.

(4) Based upon consideration of the following factors, the Board may impose disciplinary action other than the penalties recommended above:

(k) The actual knowledge of the licensee or registrant pertaining to the violation

(l) Attempts by licensee or registrant to correct or stop violations or refusal to correct or stop violations

(m) Related violations against a licensee or registrant in another state including findings of guilt or innocence, penalties imposed and penalties served;

(n) Actual negligence of the licensee or registrant pertaining to any violation;

(5) Penalties imposed by the Board pursuant 61G5-30.001, Florida Administrative Code, may be imposed in combination or individually but may not exceed the limitations enumerated below:

(b) Impositions of an administrative fine not to exceed $500 for each count or separate offense

(d) Revocation or suspension of any license or registration issued pursuant to Chapter 477, Florida Statues

(e) Refusal to certify to the Department an applicant for licensure or registration

(6) The provisions of Sections (1) through (5) above shall not be construed so as to prohibit civil action or criminal prosecutions provided for in Section 477.0265(2) or Section 477.031, Florida Statues, and the provisions of Sections (1) through (5) above shall not be construed so as to limit the ability of the Board to enter into binding stipulations with accused parties as per Section 120.57(3), Florida Statues

(7) In every case the Board imposes a monetary fine; it shall also suspend the Respondent’s license(s). However, to enable the Respondent to pay the fine, the suspension shall be stayed for the time period specified in the Board’s final order in accordance with Rule 61G5-17.016. If the fine is paid within that time period, the suspension shall not take effect, if the fine is not paid within that time period, then the stay shall expire and the suspension shall take effect. Thereafter, upon payment of the fine, the suspension shall be lifted.

(a) “Citation” means an instrument which meets the requirements set forth in s. 455.224, F.S. and which is served upon a subject for the purpose of assessing a penalty in an amount established by this rule;

(b) “Subject” means the licensee, applicant, person, partnership, corporation, or other entity alleged to have committed a violation designated in this rule.

(2) In lieu of the disciplinary procedures contained in s. 455.225, F.S. the Department is hereby authorized to dispose of any violation designated herein by issuing a citation to the subject within six months after the filing of the complaint, which is the basis for the citation.

(3) The Board hereby designates the following as citation violations, which shall result in a penalty of fifty dollars.

(a) Except as otherwise provided herein, any violation of the safety, sanitary or other salon requirements specified in Rule 61G5-20.002 – however, if it is an initial offense and there are no other violations, then the subject shall be given a Notice of Noncompliance;

(b) Practicing cosmetology or specialty with an inactive or expired license for one month or part of a month.

(d) Employing a person to practice cosmetology or a specialty with an inactive or expired license for one month or part of a month.

(e) Unless otherwise permitted in Ch. 477, F.S. performing cosmetology services in a salon, which does not have a license in violation of s. 477.0263(1), F.S.

(4) The Board hereby designates the following as citation violations, which shall result in a penalty of one hundred dollars.

(a) Transferring ownership or changing location of a salon without the approval of the Department pursuant to Rule 61G5-20.006, provided the transfer of ownership or change of location has not exceeded 90 days and the salon owner can provide proof that a completed application has been filed with the Department;

(b) Practicing cosmetology or a specialty with an inactive or expired license for more than one month but not more than two months;

(d) Employing a person to practice cosmetology or a specialty with an inactive or expired license for more than one month but not more than two months.

(e) Two violations of the safety, sanitary, or other salon requirements specified in Rule 61G5-20.002

(f) Violation of the graduate exemption requirements in 61G5-20.008(2) (d) or (3).

(5) The board hereby designates the following as citation violations, which shall result in a penalty of two hundred and fifty dollars ($250.00)

(a) Operating a salon without a wet sanitizer as required by Rule 61G5-20.002(2)(d);

(b) Three or more violations of the safety, sanitary, or other salon requirements specified in Rule 61G5-20.002.

(c) Failure to complete a board certified educational course on Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) as required by Rule 61G5-18.011

(6) The Board hereby designates the following as citation violations, which shall result in a penalty of five hundred dollars ($500)

(d) Five or more violations of the safety, sanitary, or other salon requirements specified in Rule 61G5-20.002

(1) “Mediation” means a process whereby a mediator appointed by the department acts to encourage and facilitate resolution of a legally sufficient complaint. It is an informal and non-adversial process with the objective of assisting the parties to reach a mutually acceptable agreement.

(2) The Board finds that mediation is an acceptable method of dispute resolution for the following violations as they are economic in nature or can be remedied by the licensee:

(a) Failure of the licensee to timely pay any assessed administrative fines or costs;

(d) Failure to timely notify the department of the licensee’s or registrant’s change of mailing address or place of practice

(3) A “mediator” means a person who is certified in mediation by the Florida Bar, the Florida Supreme Court, or the Division of Administrative Hearings.

(1) In accordance with section 455.225(3), Florida Statues, when a complaint is received the agency may provide a licensee with a notice of non-compliance for an initial offense of a minor violation. Failure of a licensee to take action in correcting the violation within 15 days after the notice may result in the institution of regular disciplinary proceedings. “Minor violations” as used in section 455.225(3), Florida Statues, are defined as follows:

(b) Violations of rule 61G5-18.011(1), F.A.C. in failing to maintain a copy of his or her certificate of course completion in instruction on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome

(c) Violations of rule 61G5-20.008(2)(a), F.A.C. in failing to retain copies of an employee’s high school diploma or G.E.D. equivalency certificate and cosmetology school diploma or certificate of completion.

(2) In accordance with Chapter 95-402, Laws of Florida, the agency shall issue a notice of non-compliance at first enforcement action against a licensee for a minor violation of a rule. Pursuant to Chapter 95-402, section (2)(b), Laws of Florida, the Board designates the following rules for which a violation would be a minor violation of a rule for which a notice of non compliance is issued:

61G5-32.001 Continuing Education (1) Prior to the expiration of each biennial licensure period, and as a condition for renewal of their cosmetology license or specialty registration, all licensed cosmetologists and registered specialists shall complete a minimum of sixteen (16) hours of continuing education which shall include, at a minimum, all of the following subjects as they relate to the practice of cosmetology:

(a) A minimum of two (2) hours of instruction regarding HIV/AIDS and other communicable diseases which shall consist of:

1. Education on the modes of transmission, infection control procedures, clinical management, and prevention of HIV and AIDS; and,

2. Discussion of attitudes toward HIV and AIDS as well as appropriate behavior in dealing with persons who may have the virus or syndrome.

(b) A minimum of three (3) hours of instruction regarding sanitation and sterilization which shall consist of instruction regarding:

3. How to sanitize hands and disinfect tools used in the practice of cosmetology.

(d) A minimum of one (1) hour of instruction regarding issues of workers’ compensation as they pertain to Florida law.

(e) A minimum of two (2) hours of instruction regarding state and federal laws and rules as they pertain to cosmetologists, cosmetology, salons, specialists, specialty salons, and booth renters; specifically including but not limited to Chapter 477, Florida Statutes, and the Rules of the Board. At a minimum this instruction shall include the following:

1. The laws and rules of the Board that protect the health, safety, and welfare of the consumer;

2. The laws and rules of the Board that determine where and when individuals may legally practice cosmetology and specialties;

3. The functions of the Board of Cosmetology, how its members are appointed, and their duties;

4. The laws and rules of the Board which specify prohibited conduct, and the penalties for failure to follow the laws and rules;

6. The dates, fees, and requirements for renewal of cosmetology licenses, salon licenses, and specialty registrations.

(f) A minimum of two (2) hours of instruction regarding chemical makeup as it pertains to hair, skin, and nails.

(h) A minimum of four (4) hours of continuing education to be composed of additional instruction in any of the subjects set forth above or such other subject or subjects as the licensee may choose provided that the subject or subjects chosen relate to the practice of cosmetology and serve to ensure the protection of the public; and, provided that the course in which such subjects are taught has been approved by the Board prior to its being taught for continuing education purposes, and provided the licensee or registrant has not previously taken the course during the current licensure period.

(2) Home study courses, video courses, and courses which are given at cosmetology conferences may be counted toward the required hours of continuing education provided that, prior to their being taught, they have been approved by the Board as including instruction in subjects as set forth by this rule and as complying with all other requirements as set forth in this rule.

(3) All continuing education home study courses shall include a written post-course examination, which must be graded by the course provider. Post-course examinations may be open-book examinations. In order to receive continuing education credit for the course, licensees or registrants must achieve a 75% passing score on all post-course examinations.

(4) All licensees and registrants who successfully complete a continuing education course shall be provided with a certificate of completion by the provider of the continuing education course which shall indicate the provider’s name and provider number, the course title and course number, the licensee’s or registrant’s name and license or registration number, the date the course was completed, and the total number of hours successfully completed in each subject covered by the continuing education course. All licensees and registrants shall retain the certificate of completion for all continuing education courses successfully completed by the licensee or registrant for a period of not less than three (3) years following the first license or registration renewal following the completion of the course.

(5) Any licensee or registrant who is found by the Board to have failed to comply with the continuing education requirements as set forth by this rule shall be required to take a continuing education refresher course of such hours, not to exceed forty-eight (48), as the Board may feel merited by the facts of the licensee’s or registrant’s situation and violation, in addition to any other penalty imposed by the Board for having violated the continuing education requirements. In determining the appropriate number of additional hours of continuing education to be completed by the licensee or registrant, the Board will consider the total number of hours and the required continuing education subjects already completed by the licensee or registrant during the licensure period, and any facts or explanation offered by the licensee or registrant to explain the failure to complete all required continuing education. The requirement to take a continuing education refresher course under this paragraph shall be in addition to any and all other continuing education requirements imposed on the licensee or registrant by this rule.

455.2228 Requirement for instruction on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome

(1) The board, or the department where there is no board, shall require each person licensed or certified under chapter 476 or chapter 477 to complete a continuing education course approved by the board, or the department where there is no board, on human immunodeficiency virus and acquired immune deficiency syndrome as part of biennial re-licensure or recertification. The course shall consist of education on modes of transmission, infecting control procedures, clinical management, and prevention of human Immunodeficiency virus and acquired immune deficiency syndrome, with an emphasis on appropriate behavior and attitude change.

(2) When filing fees for each biennial renewal, each licensee shall submit confirmation of having completed said course, on a form provided by the board or by the department if there is no board. At the time of the subsequent biennial renewal when coursework is to be completed, if the licensee has not submitted confirmation which has been received and recorded by the board, or department if there is no board, the department shall not renew the license

(3) The board, or the department where there is no board, shall have the authority to approve additional equivalent courses that may be used to satisfy the requirements in subsection (1)

(4) As of December 31, 1992, the board, or the department where there is no board, shall require, as a condition specified in subsection (1), that an applicant making initial application for licensure complete an educational course acceptable to the board, or the department where there is no board, on human Immunodeficiency virus and acquired immune deficiency syndrome. An applicant who has not taken a course at the time of licensure shall, upon an affidavit showing good cause, be allowed 6 months to complete this requirement.

(5) The board, or the department where there is no board, shall have the authority to adopt rules to carry out the provisions of this section.

(6) The board, or the department where there is no board, shall report to the Legislature by March 1 of each year as to the implementation and compliance with the requirements of this section.

(7) Any professional holding two or more licenses subject to the provisions of this section shall be permitted to show proof of having taken one board-approved course, or one department-approved course where there is no board, on human Immunodeficiency virus and acquired immune deficiency syndrome, for purposes of re-licensure or recertification for additional licenses.

(1) The following acts shall constitute grounds for which the disciplinary actions specified in subsection (2) may be taken:

(a) Making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee’s profession.

(b) Intentionally violating any rule adopted by the board or the department, as appropriate.

(c) Being convicted or found guilty of, or entering a plea of nolo contender to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee’s profession.

(d) Using a Class III or Class IV laser device or product, as defined by federal regulations, without having complied with the rules adopted pursuant to s. 501.122(2) governing the registration of such devices

(e) Failing to comply with the educational course requirements for human Immunodeficiency virus and acquired immune deficiency syndrome.

(f) Having a license or the authority to practice the regulated profession revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of any jurisdiction, including its agencies or subdivisions, for a violation that would constitute a violation under Florida law. The licensing authority acceptance of a relinquishment of licensure, stipulation, consent order, or other settlement, offered in response to or in anticipation of the filing of charges against the license, shall be construed as action against the license.

(g) Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department against another licensee.

(h) Attempting to obtain, obtaining, or renewing a license to practice a profession by bribery, by fraudulent misrepresentation, or through an error of the department or the board.

(i) Failing to report to the department any person who the licensee knows is in violation of this chapter, the chapter regulating the alleged violator, or the rules of the department or the board.

(j) Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to this chapter, the chapter regulating the profession, or the rules of the department or the board.

(l) Making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, or willfully impeding or obstruction another person to do so. Such reports or records shall include only those that are signed in the capacity of a licensee.

(m) Making deceptive, untrue or fraudulent representation in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession

(n) Exercising influence on the patient or client for the purpose of financial gain of the licensee or a third party

(o) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform.

(p) Delegating or contracting for the performance of professional responsibilities by a person when the license delegating or contracting the performance of such responsibilities knows, or has reason to know, such person is not qualified by training, experience, and authorization when required to perform them.

(q) Violating any provision of this chapter, the applicable profession act, a rule of the department or board, or a lawful order of the department or the board, or failing to comply with a lawfully issued subpoena of the department

(r) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding

(s) Failing to comply with the educational course requirements for domestic violence

(2) When the board, or the department when there is no board, finds any person guilty of the grounds set forth in subsection (1) or any grounds set forth in the applicable practice act, including conduct constituting a substantial violation of subsection (1) or a violation of the applicable practice act which occurred prior to obtaining a license, it may enter an order imposing one or more of the following penalties:

(a) Refusal to certify, or to certify with restrictions, an application for a license

(d) Imposition of an administrative fine not to exceed $5,000 for each count or separate offense

(f) Placement of the licensee on probation for a period of time and subject to such condition as the board, or the department when there is no board, may specify. Those conditions may include, but are not limited to, requiring the licensee to undergo treatment, attend continuing education courses, submit to be reexamined, work under the supervision of another licensee, or satisfy any terms which are reasonably tailored to the violations found

(3) In addition to any other discipline imposed pursuant to this section or discipline imposed for a violation of any practice act, the board, or the department when there is no board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney’s time. In any case where the board or department imposes a fine or assessment and the fine or assessment is not paid within a reasonable time, such reasonable time to be subscribed in the rules of the board, or the department when there is no board, or in the order assessing such fines or costs, the department or the Department of legal Affairs may contract for the collection of, or bring a civil action to recover, the fine or assessment

(4) In addition to, or in lieu of, any other remedy or criminal prosecution, the department may file a proceeding in the name of the state seeking issuance of an injunction or a writ of mandamus against any person who violates any of the provisions of this chapter, or any provision of the law with respect to professions regulated by the department or the agency, or any board therein, or the rules adopted pursuant thereto.

(5) In the event the board, or the department when there is no board, determines the revocation of a license is the appropriate penalty, the revocation shall be permanent. However, the board may establish by rule, requirements for reapplication by applicants whose licenses have been permanently revoked. Such requirements may include, but shall not be limited to, satisfying current requirements for an initial license.

In addition to, or in lieu of, any other discipline imposed pursuant to s. 455.227, the act of knowingly giving false information in the course of applying for or obtaining a license from the department, or any board there under, with intent to mislead a public servant in the performance of his personal duties, or the act of attempting to obtain or obtaining a license from either the department of any board there under, to practice a profession by knowingly misleading statements or knowing misrepresentations constitutes a felony of the third degree, punishable as provided in s. 775.082, or s. 775.084.

455.228 Unlicensed practice of a profession; cease and desist notice; civil penalty; enforcement; citations; allocation of moneys collected.

(1) When the department has probable cause to believe that any person not licensed by the department, or the appropriate regulatory board within the department, has violated any provision of this chapter or any statute that relates to the practice of the profession regulated by the department, or any rule adopted thereto, the department may issue and deliver to such person a notice to cease and desist from such violation. In addition, the department may issue and deliver a notice to cease and desist to any person who aids and abets the unlicensed practice of the profession by employing such unlicensed person. The issuance of a notice to cease and desist shall not constitute agency action for which an s. 120.57 hearing may be sought. For the purpose of enforcing a cease and desist order, the department may file a proceeding in the name of the state seeking issuance of an injunction or a writ of mandamus against any person who violates any provisions of such order. In addition to the foregoing remedies, the department may impose may impose an administrative penalty pursuant to s. 120.58, it shall be entitled to collect its attorney’s fees and costs, together with any cost of collection.

(2) In addition to or in lieu of any remedy provided in subsection (1), the department may seek the imposition of a civil penalty through the circuit court for any violation for which the department may issue a notice to cease and desist under subsection (1). The civil penalty shall be no less than $500 and no more than $5,000 for each offense. The court may also award to the prevailing party court costs and reasonable attorney fees and, in the event the department, may also award reasonable costs of investigation.

(3) (a) Notwithstanding the provisions of s. 455.2225, the department shall adopt rules to permit the issuance of citations for unlicensed practice of a profession. The citation shall be issued to the subject and shall contain the subject’s name and any other information the department determines to be necessary to identify the subject, a brief factual statement, the sections of the law allegedly violated, and the penalty imposed. The citation must clearly state that the subject may choose, in lieu of accepting the citation, to follow the procedure under s. 455.225. If the subject disputes the matter in the citation, the procedures set forth in s. 455.225 must be followed. However, if the subject does not dispute the matter in the citation with the department within 30 days after the citation is served, the citation shall become a final order of the department. The penalty shall be a fine of not less then $500 or more than $5,000 or other conditions as established by rule.

(a) Each day that the unlicensed practice continues after issuance of a citation constitutes a separate violation.

(b) The department shall be entitled to recover the costs of investigation, in addition to any penalty provided according to department rule as part of the penalty levied pursuant to the citation.

(4) All fines, fees, costs collected through the procedures set forth in this section shall be allocated to the professions in the manner provided for in s. 455.2281 for the allocation of the fees assessed and collected to combat unlicensed practice of a profession.

(5) The provisions of this section apply only to the provisions of s. 455.217 and the professional practice acts administered by the department or the Agency for Health Care Administration.

In order to protect the public and to ensure a consumer-oriented department, it is the intent of the legislature that vigorous enforcement of regulation for all professional activities is a state priority. Professions regulated by the department should cover all enforcement costs. Therefore the department shall impose, upon initial licensure and each renewal thereof, a special fee of $5 per licensee. Such fee shall be in addition to all other fees collected from each licensee and shall fund efforts to combat unlicensed activity. The board with concurrence of the department, or the department when there is no board, may earmark $5 of the current licensure fee for this purpose, if such board, or profession regulated by the department, is not in a deficit and has a reasonable cash balance. The department shall make direct charges to this fund by profession and shall not allocate indirect overhead. The department shall seek board advice regarding enforcement methods and strategies prior to expenditure of funds. The department shall directly credit, by profession, revenues received from the department’s efforts to enforce licensure provisions. The department shall include all financial and statistical data resulting from unlicensed activity enforcement as a separate category in the quarterly management report provided for in s. 455.219. The department shall not charge the account of any profession for the costs uncured on behalf of any other profession. For an unlicensed activity account, a balance, which remains at the end of a renewal cycle, may, with concurrence of the applicable board, and the department, be transferred to the operating fund account of that profession.

(1) At lest 90 days before the end of a licensure cycle, the Department of Business and Professional Regulation shall;

(a) Forward a licensure renewal notification to an active or inactive licensee at the licensee’s last known address of record with the department

(b) Forward a notice of pending cancellation of licensure to a delinquent status licensee at the licensee’s last known address of record with the department

(2) Each licensee renewal notification and each notice of pending cancellation of licensure must state conspicuously that a licensee who remains on inactive status for more than two consecutive biennial licensure cycles and who wishes to reactivate the license may be required to demonstrate the competency to resume active practice by sitting for a special purpose examination, as defined by rule of the board or the department when there is no board.

If a licensee requests a duplicate license, the department shall charge a fee of twenty-five dollars ($25.00) if there is no board rule to the contrary.

(1) Applicants for renewal of a license shall submit an Affirmation of Eligibility for License Renewal form number BPR-LIC-001, incorporated herein by reference and effective 01/01/96. This form can be obtained by writing the Department of Business and Professional Regulation, Bureau of Licensure, 1940 North Monroe Street, Tallahassee, Florida 32399. Every applicant who renews his license acknowledges:

(a) Completion of all requirements for license renewal as set forth by the Department of Business and Professional Regulation or the profession regulatory board of the profession for which the applicant is seeking license renewal, and

(b) That during the upcoming licensure period the applicant may be required to produce proof, as prescribed by rule 61-6.010, Florida Administrative Code, that all license renewal requirements for that licensure period were met, and

(c) That failure to comply with license renewal requirements, to making a false statement as to such compliance, will subject the applicant to disciplinary action or criminal prosecution.

(1) Licensees shall direct their requests for name changes on the master file of the Department to the board office of their profession or to the Bureau of Licensure, 1940 North Monroe Street, Tallahassee, Florida 32399-2205

(2) Name change requests shall be in writing and shall be documented. An original, a certified copy, or a duplicate copy or an original or certified copy of a document which shows the legal name change shall be accepted unless the Department has a question about the authenticity of the document raised on its face, or because the geniuses of the document is uncertain, or because of another matter related to the application.

Florida Rules and Regulations