Florida 2023 2023 Regular Session

Florida House Bill H1251 Introduced / Bill

Filed 02/28/2023

                       
 
HB 1251  	2023 
 
 
 
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A bill to be entitled 1 
An act relating to restricted barbering; amending s. 2 
476.144, F.S.; authorizing persons without a license 3 
to practice barbering to perform restricted barbering 4 
at barbershops if certain requirements are met; 5 
amending ss. 476.188, 476.194, and 476.204, F.S.; 6 
conforming provisions to changes made by the act; 7 
amending s. 476.214, F.S.; authorizing the Barbers' 8 
Board to discipline persons authorized to practice 9 
restricted barbering; providing an effective date. 10 
 11 
Be It Enacted by the Legislature of the State of Florida: 12 
 13 
 Section 1.  Subsection (8) is added to section 476.144, 14 
Florida Statutes, to read: 15 
 476.144  Licensure.— 16 
 (8)  Notwithstanding any other provis ion of this chapter or 17 
board rule, a person without a license to practice barbering may 18 
perform services designated by the board as restricted 19 
barbering, provided that all of the following apply: 20 
 (a)  The person performs restricted barbering under the 21 
supervision of a licensed barber in a licensed barbershop. 22 
 (b)  The person has not been disciplined relating to the 23 
practice of barbering in the previous 5 years. 24 
 (c)  If board rules require completion of an education 25     
 
HB 1251  	2023 
 
 
 
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course on sanitation safety, including education on the subjects 26 
of human immunodeficiency virus and acquired immune deficiency 27 
syndrome, as a condition of granting a license to practice 28 
barbering, the person has successfully completed such education 29 
course requirements to the same extent as wo uld be required to 30 
receive a license to practice barbering. 31 
 Section 2.  Subsection (1) of section 476.188, Florida 32 
Statutes, is amended to read: 33 
 476.188  Barber services to be performed in registered 34 
barbershop; exception. — 35 
 (1)  Barber services shall be performed only by licensed 36 
barbers in registered barbershops, except as otherwise provided 37 
in this section. However, a person authorized to perform 38 
restricted barbering pursuant to s. 476.144(8) may perform 39 
restricted barbering in a licensed barbershop. 40 
 Section 3.  Paragraphs (a), (b), and (d) of subsection (1) 41 
of section 476.194, Florida Statutes, are amended to read: 42 
 476.194  Prohibited acts. — 43 
 (1)  It is unlawful for any person to: 44 
 (a)  Engage in the practice of barbering without an active 45 
license as a barber issued pursuant to the provisions of this 46 
act by the department , unless the person is authorized to 47 
perform restricted barbering under s. 476.144(8) . 48 
 (b)  Hire or employ any person to engage in the practice of 49 
barbering unless such per son holds a valid license as a barber 50     
 
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or is authorized to perform restricted barbering under s. 51 
476.144(8). 52 
 (d)  Own, operate, maintain, open, establish, conduct, or 53 
have charge of, either alone or with another person or persons, 54 
a barbershop: 55 
 1.  Which is not licensed under the provisions of this 56 
chapter; or 57 
 2.  In which a person not licensed as a barber is permitted 58 
to perform services, unless the person is authorized to perform 59 
restricted barbering under s. 476.144(8) . 60 
 Section 4.  Paragraph (a) of subsection (1) of section 61 
476.204, Florida Statutes, is amended to read: 62 
 476.204  Penalties.— 63 
 (1)  It is unlawful for any person to: 64 
 (a)  Hold himself or herself out as a barber unless he or 65 
she is authorized to provide barbering or restricted barbering 66 
duly licensed as provided in this chapter. 67 
 Section 5.  Subsections (1) and (2) of section 476.214, 68 
Florida Statutes, are amended to read: 69 
 476.214  Grounds for suspending, revoking, or refusing to 70 
grant license or certificate. — 71 
 (1)  The board shall ha ve the power to revoke or suspend 72 
any authorization to practice restricted barbering, license, 73 
registration card, or certificate of registration issued 74 
pursuant to this act, or to reprimand, censure, deny subsequent 75     
 
HB 1251  	2023 
 
 
 
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licensure of, or otherwise discipline an y person authorized to 76 
practice restricted barbering or any holder of a license, 77 
registration card, or certificate of registration issued 78 
pursuant to this act, for any of the following causes: 79 
 (a)  Gross malpractice or gross incompetency in the 80 
practice of barbering; 81 
 (b)  Practice by a person knowingly having an infectious or 82 
contagious disease; or 83 
 (c)  Commission of any of the offenses described in s. 84 
476.194. 85 
 (2)  The board shall keep a record of its disciplinary 86 
proceedings against persons authorized to practice restricted 87 
barbering and holders of licenses or certificates of 88 
registration issued pursuant to this act. 89 
 Section 6.  This act shall take effect July 1, 2023. 90