Florida 2023 2023 Regular Session

Florida House Bill H1251 Comm Sub / Bill

Filed 03/23/2023

                       
 
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A bill to be entitled 1 
An act relating to limited barbering; amending s. 2 
476.144, F.S.; defining the term "limited barbering"; 3 
authorizing persons without a license to practice 4 
barbering to perform limited barbering in licensed 5 
barbershops if certain requirements are met; amending 6 
ss. 476.184, 476.188, 476.194, and 476.204, F.S.; 7 
conforming provisions to changes made by the act; 8 
amending s. 476.214, F.S.; authorizing the Barbers' 9 
Board to discipline persons authorized to perform 10 
limited barbering; providing an effective date. 11 
 12 
Be It Enacted by the Legislature of the State of Florida: 13 
 14 
 Section 1.  Subsection (8) is added to section 476.144, 15 
Florida Statutes, to read: 16 
 476.144  Licensure.— 17 
 (8)(a)  As used in this chapter, the term "limited 18 
barbering" means the following practices when done for 19 
remuneration for the public, but not when done for the treatment 20 
of disease or physical or mental ailments: 21 
 1.  Hair cutting and sty ling, including the application of 22 
hair tonics and hair spray, but not including the application of 23 
any other chemical preparations or solutions to the hair. 24 
 2.  Mustache and beard trimming. 25     
 
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 3.  Shampooing hair, including the application of hair 26 
shampoos and hair conditioners, and blow drying hair. 27 
 (b)  Notwithstanding any other provision of this chapter or 28 
board rule, a person without a license to practice barbering who 29 
has not completed the examination or training required under s. 30 
476.114 may perform limited barbering if the person: 31 
 1.  Registers his or her name with the board. 32 
 2.  Performs limited barbering in a licensed barbershop 33 
with a licensed barber present. 34 
 3.  Has completed the continuing educational course 35 
approved by the board on human im munodeficiency virus and 36 
acquired immune deficiency syndrome required under s. 455.2228. 37 
 4.  Complies with all safety and sanitation requirements 38 
for barbershop personnel while performing limited barbering in a 39 
licensed barbershop. 40 
 (c)  Upon receipt of the registration request, the board: 41 
 1.  May not charge a fee for such registration. 42 
 2.  May deny such registration if the person has been 43 
disciplined relating to the practice of barbering in the 44 
previous 3 years in any jurisdiction or as provided under s. 45 
455.213(3). 46 
 3.  Must list the person on the department's website as a 47 
limited barber upon granting a registration. 48 
 Section 2.  Subsection (10) of section 476.184, Florida 49 
Statutes, is amended to read: 50     
 
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 476.184  Barbershop licensure; requirements; f ee; 51 
inspection; license display. — 52 
 (10)  Each barbershop shall display, in a conspicuous 53 
place, the barbershop license and each individual licensee's 54 
certificate or each individual's proof of limited barbering 55 
registration. 56 
 Section 3.  Subsection (1) of section 476.188, Florida 57 
Statutes, is amended to read: 58 
 476.188  Barber services to be performed in registered 59 
barbershop; exception. — 60 
 (1)  Barber services shall be performed only by licensed 61 
barbers in registered barbershops, except as otherwise provide d 62 
in this section. However, a person registered to perform limited 63 
barbering under s. 476.144(8) may perform limited barbering in a 64 
licensed barbershop. 65 
 Section 4.  Paragraphs (a), (b), and (d) of subsection (1) 66 
of section 476.194, Florida Statutes, are amended to read: 67 
 476.194  Prohibited acts. — 68 
 (1)  It is unlawful for any person to: 69 
 (a)  Engage in the practice of barbering without an active 70 
license as a barber issued pursuant to the provisions of this 71 
act by the department , unless the person is regi stered to 72 
perform limited barbering under s. 476.144(8) . 73 
 (b)  Hire or employ any person to engage in the practice of 74 
barbering unless such person holds a valid license as a barber 75     
 
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or is registered to perform limited barbering under s. 76 
476.144(8). 77 
 (d)  Own, operate, maintain, open, establish, conduct, or 78 
have charge of, either alone or with another person or persons, 79 
a barbershop: 80 
 1.  Which is not licensed under the provisions of this 81 
chapter; or 82 
 2.  In which a person not licensed as a barber is permitte d 83 
to perform services, unless the person is registered to perform 84 
limited barbering under s. 476.144(8) . 85 
 Section 5.  Paragraph (a) of subsection (1) of section 86 
476.204, Florida Statutes, is amended to read: 87 
 476.204  Penalties.— 88 
 (1)  It is unlawful for any person to: 89 
 (a)  Hold himself or herself out as a barber unless duly 90 
licensed as provided in this chapter or registered to perform 91 
limited barbering under s. 476.144(8) . 92 
 Section 6.  Subsections (1) and (2) of section 476.214, 93 
Florida Statutes, are amended to read: 94 
 476.214  Grounds for suspending, revoking, or refusing to 95 
grant license or certificate. — 96 
 (1)  The board shall have the power to revoke or suspend 97 
any license, registration card, or certificate of registration , 98 
including a registration to perform limited barbering, issued 99 
pursuant to this act, or to reprimand, censure, deny subsequent 100     
 
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licensure of, or otherwise discipline any holder of a license, 101 
registration card, or certificate of registration , including a 102 
registration to perform limited barbering, issued pursuant to 103 
this act, for any of the following causes: 104 
 (a)  Gross malpractice or gross incompetency in the 105 
practice of barbering; 106 
 (b)  Practice by a person knowingly having an infectious or 107 
contagious disease; or 108 
 (c)  Commission of an y of the offenses described in s. 109 
476.194. 110 
 (2)  The board shall keep a record of its disciplinary 111 
proceedings against holders of licenses or certificates of 112 
registration, including a registration to perform limited 113 
barbering, issued pursuant to this act. 114 
 Section 7.  This act shall take effect July 1, 2023. 115