This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1251.RRS
DATE: 3/14/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1251 Restricted Barbering
SPONSOR(S): Valdés
TIED BILLS: IDEN./SIM. BILLS: SB 1148
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development
Subcommittee
Wright Anstead
2) State Administration & Technology
Appropriations Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
Barbers and barbershops are regulated by ch. 476, F.S., and licensed by the Barbers’ Board under the
Department of Business and Professional Regulation (DBPR). A barber’s license is required to perform
barbering services.
The bill allows a person without a license to practice barbering to perform services designated by the board as
restricted barbering, if the person:
Performs restricted barbering under the supervision of a licensed barber in a licensed barbershop,
Has not been disciplined relating to the practice of barbering in the previous 5 years, and
Has successfully completed any education course requirements the board requires on sanitation safety,
including education on HIV and AIDS, if such education is a condition of granting a license to practice
barbering.
The bill allows an authorized person to perform restricted barbering in a licensed barbershop.
The bill provides that an unlicensed person authorized to perform restricted barbering is not committing
unlicensed barbering when providing services.
The bill allows the board to revoke or suspend any authorization to practice restricted barbering, and requires
the board to keep record of any disciplinary proceedings against persons authorized to practice restricted
barbering.
The bill will have an indeterminate negative fiscal impact on state government, and no fiscal impact on local
governments.
The bill provides an effective date of July 1, 2023. STORAGE NAME: h1251.RRS PAGE: 2
DATE: 3/14/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Barbering
Barbers and barbershops are regulated by Ch. 476, F.S., and licensed by the Barbers’ Board (board)
under the Department of Business and Professional Regulation (DBPR).
‘Barbering’ means any of the following practices when done for remuneration and for the public, but not
when done for the treatment of disease or physical or mental ailments: shaving, cutting, trimming,
coloring, shampooing, arranging, dressing, curling, or waving the hair or beard or applying oils, creams,
lotions, or other preparations to the face, scalp, or neck, either by hand or by mechanical appliances.”
1
A barber’s license is required to perform barbering services.
2
To be eligible for licensure, barbers must:
3
be at least 16 years old,
complete the required training,
pass the written examination, and
pay a $205.50 application fee,
4
plus a $5 unlicensed activity fee.
5
Generally, barbers must complete 900 hours of education in the profession; however, barber applicants
are eligible to take the examination after 600 hours of education. If the examination is not successful,
the full 900 hours must be completed.
6
There is also an option to be a barber with a restricted license,
which is 600 hours training in total and restricts such barbers from applying chemical solutions or
preparations to hair.
7
There are 11,713 barbers and 5,434 restricted barbers in the state. For the 2019-2020 Fiscal Year,
DBPR received 845 complaints against barbers, and took 112 disciplinary actions.
8
Barbershops
In Florida, barbershops must be registered.
9
Barbershops are inspected periodically by DBPR, in
accordance with sanitary standards set forth by the board.
10
Generally, all barbering services must performed in registered barbershops by licensed barbers, except
services provided:
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in a location other than a registered barbershop, including, but not limited to, a nursing home,
hospital, or residence, for a client of ill health who is unable to go to a registered barbershop;
o arrangements for the performance of such barber services must be made through a
registered barbershop.
in connection with the motion picture, fashion photography, theatrical, or television industry; or
1
S. 476.034(2), F.S.
2
S. 476.144(1), F.S.
3
S. 476.114, F.S.
4
R. 61-35.006, F.A.C..
5
S. 455.2281, F.S.
6
S. 476.114(2)(c), F.S.
7
S. 476.144(6), F.S.; R. 61G3-16.006, F.A.C.
8
Email from Conner Mann, Legislative Affairs Coordinator, Florida Department of Business and Professional Regulation,
RE: Barbers (Mar. 1, 2021).
9
S. 476.184(1), F.S.
10
S. 476.184(2), F.S.
11
S. 476.188, F.S. STORAGE NAME: h1251.RRS PAGE: 3
DATE: 3/14/2023
for a manufacturer trade show demonstration or educational seminar.
However, barbers may shampoo, cut, or arrange hair outside of a registered barbershop at any time,
and allows barbers to do so without making arrangements or appointments through a registered
barbershop.
Unlicensed Practice
Chapter 476, F.S., provides actions that are prohibited under the practice act, which includes holding
himself or herself out as a barber unless duly licensed.
12
If a person violates this provision, he or she is
subject to one or more of the following penalties:
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Revocation or suspension of any license or registration issued pursuant to this chapter.
Issuance of a reprimand or censure.
Imposition of an administrative fine not to exceed $500 for each count or separate offense.
Placement on probation for a period of time and subject to such reasonable conditions as the
board may specify.
Refusal to certify to the department an applicant for licensure.
Also, certain prohibited actions under are also criminal violations, including:
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Engaging in the practice of barbering without an active license as a barber.
Hiring or employing any person to engage in the practice of barbering unless such person holds
a valid license as a barber.
Owning, operating, maintaining, opening, establishing, conducting, or having charge of, either
alone or with another person or persons, a barbershop:
o Which is not licensed; or
o In which a person not licensed as a barber is permitted to perform services.
Using or attempting to use a license to practice barbering when the license is suspended or
revoked.
Any person who violates any such provision is guilty of a misdemeanor of the second degree.
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Instruction on HIV and AIDS
Barber applicants and licensees are required to complete a board-approved continuing educational
course on human immunodeficiency virus and acquired immune deficiency syndrome (HIV and AIDS)
as part of initial licensure and license renewal. The course must consist of education on modes of
transmission, infection control procedures, clinical management, and prevention of human
immunodeficiency virus and acquired immune deficiency syndrome.
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The board has authority to adopt rules to enforce this requirement.
Effect of the Bill
The bill allows a person without a license to practice barbering as determined by the board as
“restricted barbering,” if the person:
Performs restricted barbering under the supervision of a licensed barber in a licensed
barbershop,
Has not been disciplined relating to the practice of barbering in the previous 5 years, and
Has successfully completed any education course requirements the board requires on
sanitation safety, including education on HIV and AIDS, if such education is a condition of
granting a license to practice barbering.
12
S. 476.204)1), F.S.
13
S. 476.204(2), F.S.
14
S. 476.194(1), F.S.
15
S. 476.194(2), F.S.
16
S. 455.2228, F.S. STORAGE NAME: h1251.RRS PAGE: 4
DATE: 3/14/2023
The bill allows an authorized person to perform “restricted barbering” in a licensed barbershop.
The bill provides that an unlicensed person authorized to perform “restricted barbering” is not
committing unlicensed barbering when providing services.
The bill allows the board to revoke or suspend any authorization to practice restricted barbering, and
requires the board to keep record of any disciplinary proceedings against persons authorized to
practice restricted barbering.
The bill provides an effective date of July 1, 2023.
B. SECTION DIRECTORY:
Section 1: Amends s. 476.144, F.S.; relating to authorized unlicensed restricted barbering.
Section 2: Amends s. 476.188, F.S.; relating to services performed in a barbershop.
Section 3: Amends s. 476.194, F.S.; relating to prohibited acts.
Section 4: Amends s. 476.204, F.S.; relating to administrative penalties.
Section 5: Amends s. 476.214, F.S.; relating to grounds for disciplining a license.
Section 6: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The bill will likely reduce revenues from licensing fees from people authorized to practice restricted
barbering who would have otherwise obtained a license.
2. Expenditures:
The bill may increase expenditures for inspections to ensure compliance with the new restricted
barber requirements.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill will allow more people to practice certain barbering services without maintaining a license or
paying for barber education.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision: STORAGE NAME: h1251.RRS PAGE: 5
DATE: 3/14/2023
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The board will need to promulgate rules to define the scope of the new practice of restricted barbering,
and related requirements. The board has sufficient authority to do so.
C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill creates a practice of “restricted barbering” as a limited, unlicensed way to provide barber
services. Current law defines “restricted barbering” as a limited, licensed way to provide barber
services based on less education requirements. This will cause confusion.
The bill does not define what supervision of a restricted barber entails, or if the barbershop or
supervising licensed barber is subject to discipline for failing to adequately supervise.
The bill is not clear what information DBPR must keep of a person authorized to practice “restricted
barbering,” or if DBPR must “authorize” such persons to confirm their eligibility.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES