| 15 | | - | An act relating to limited barbering; amending s. 2 |
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| 16 | | - | 476.144, F.S.; defining the term "limited barbering"; 3 |
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| 17 | | - | authorizing persons without a license to practice 4 |
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| 18 | | - | barbering to perform limited barbering in licensed 5 |
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| 19 | | - | barbershops if certain requirements are met; amending 6 |
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| 20 | | - | ss. 476.184, 476.188, 476.194, and 476.204, F.S.; 7 |
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| 21 | | - | conforming provisions to changes made by the act; 8 |
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| 22 | | - | amending s. 476.214, F.S.; authorizing the Barbers' 9 |
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| 23 | | - | Board to discipline persons authorized to perform 10 |
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| 24 | | - | limited barbering; providing an effective date. 11 |
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| 25 | | - | 12 |
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| 26 | | - | Be It Enacted by the Legislature of the State of Florida: 13 |
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| 27 | | - | 14 |
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| 28 | | - | Section 1. Subsection (8) is added to section 476.144, 15 |
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| 29 | | - | Florida Statutes, to read: 16 |
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| 30 | | - | 476.144 Licensure.— 17 |
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| 31 | | - | (8)(a) As used in this chapter, the term "limited 18 |
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| 32 | | - | barbering" means the following practices when done for 19 |
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| 33 | | - | remuneration for the public, but not when done for the treatment 20 |
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| 34 | | - | of disease or physical or mental ailments: 21 |
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| 35 | | - | 1. Hair cutting and sty ling, including the application of 22 |
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| 36 | | - | hair tonics and hair spray, but not including the application of 23 |
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| 37 | | - | any other chemical preparations or solutions to the hair. 24 |
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| 38 | | - | 2. Mustache and beard trimming. 25 |
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| 15 | + | An act relating to restricted barbering; amending s. 2 |
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| 16 | + | 476.144, F.S.; authorizing persons without a license 3 |
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| 17 | + | to practice barbering to perform restricted barbering 4 |
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| 18 | + | at barbershops if certain requirements are met; 5 |
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| 19 | + | amending ss. 476.188, 476.194, and 476.204, F.S.; 6 |
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| 20 | + | conforming provisions to changes made by the act; 7 |
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| 21 | + | amending s. 476.214, F.S.; authorizing the Barbers' 8 |
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| 22 | + | Board to discipline persons authorized to practice 9 |
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| 23 | + | restricted barbering; providing an effective date. 10 |
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| 24 | + | 11 |
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| 25 | + | Be It Enacted by the Legislature of the State of Florida: 12 |
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| 26 | + | 13 |
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| 27 | + | Section 1. Subsection (8) is added to section 476.144, 14 |
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| 28 | + | Florida Statutes, to read: 15 |
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| 29 | + | 476.144 Licensure.— 16 |
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| 30 | + | (8) Notwithstanding any other provis ion of this chapter or 17 |
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| 31 | + | board rule, a person without a license to practice barbering may 18 |
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| 32 | + | perform services designated by the board as restricted 19 |
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| 33 | + | barbering, provided that all of the following apply: 20 |
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| 34 | + | (a) The person performs restricted barbering under the 21 |
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| 35 | + | supervision of a licensed barber in a licensed barbershop. 22 |
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| 36 | + | (b) The person has not been disciplined relating to the 23 |
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| 37 | + | practice of barbering in the previous 5 years. 24 |
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| 38 | + | (c) If board rules require completion of an education 25 |
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| 51 | | - | 3. Shampooing hair, including the application of hair 26 |
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| 52 | | - | shampoos and hair conditioners, and blow drying hair. 27 |
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| 53 | | - | (b) Notwithstanding any other provision of this chapter or 28 |
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| 54 | | - | board rule, a person without a license to practice barbering who 29 |
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| 55 | | - | has not completed the examination or training required under s. 30 |
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| 56 | | - | 476.114 may perform limited barbering if the person: 31 |
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| 57 | | - | 1. Registers his or her name with the board. 32 |
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| 58 | | - | 2. Performs limited barbering in a licensed barbershop 33 |
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| 59 | | - | with a licensed barber present. 34 |
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| 60 | | - | 3. Has completed the continuing educational course 35 |
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| 61 | | - | approved by the board on human im munodeficiency virus and 36 |
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| 62 | | - | acquired immune deficiency syndrome required under s. 455.2228. 37 |
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| 63 | | - | 4. Complies with all safety and sanitation requirements 38 |
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| 64 | | - | for barbershop personnel while performing limited barbering in a 39 |
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| 65 | | - | licensed barbershop. 40 |
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| 66 | | - | (c) Upon receipt of the registration request, the board: 41 |
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| 67 | | - | 1. May not charge a fee for such registration. 42 |
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| 68 | | - | 2. May deny such registration if the person has been 43 |
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| 69 | | - | disciplined relating to the practice of barbering in the 44 |
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| 70 | | - | previous 3 years in any jurisdiction or as provided under s. 45 |
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| 71 | | - | 455.213(3). 46 |
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| 72 | | - | 3. Must list the person on the department's website as a 47 |
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| 73 | | - | limited barber upon granting a registration. 48 |
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| 74 | | - | Section 2. Subsection (10) of section 476.184, Florida 49 |
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| 75 | | - | Statutes, is amended to read: 50 |
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| 51 | + | course on sanitation safety, including education on the subjects 26 |
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| 52 | + | of human immunodeficiency virus and acquired immune deficiency 27 |
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| 53 | + | syndrome, as a condition of granting a license to practice 28 |
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| 54 | + | barbering, the person has successfully completed such education 29 |
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| 55 | + | course requirements to the same extent as wo uld be required to 30 |
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| 56 | + | receive a license to practice barbering. 31 |
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| 57 | + | Section 2. Subsection (1) of section 476.188, Florida 32 |
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| 58 | + | Statutes, is amended to read: 33 |
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| 59 | + | 476.188 Barber services to be performed in registered 34 |
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| 60 | + | barbershop; exception. — 35 |
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| 61 | + | (1) Barber services shall be performed only by licensed 36 |
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| 62 | + | barbers in registered barbershops, except as otherwise provided 37 |
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| 63 | + | in this section. However, a person authorized to perform 38 |
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| 64 | + | restricted barbering pursuant to s. 476.144(8) may perform 39 |
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| 65 | + | restricted barbering in a licensed barbershop. 40 |
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| 66 | + | Section 3. Paragraphs (a), (b), and (d) of subsection (1) 41 |
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| 67 | + | of section 476.194, Florida Statutes, are amended to read: 42 |
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| 68 | + | 476.194 Prohibited acts. — 43 |
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| 69 | + | (1) It is unlawful for any person to: 44 |
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| 70 | + | (a) Engage in the practice of barbering without an active 45 |
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| 71 | + | license as a barber issued pursuant to the provisions of this 46 |
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| 72 | + | act by the department , unless the person is authorized to 47 |
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| 73 | + | perform restricted barbering under s. 476.144(8) . 48 |
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| 74 | + | (b) Hire or employ any person to engage in the practice of 49 |
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| 75 | + | barbering unless such per son holds a valid license as a barber 50 |
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| 88 | | - | 476.184 Barbershop licensure; requirements; f ee; 51 |
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| 89 | | - | inspection; license display. — 52 |
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| 90 | | - | (10) Each barbershop shall display, in a conspicuous 53 |
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| 91 | | - | place, the barbershop license and each individual licensee's 54 |
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| 92 | | - | certificate or each individual's proof of limited barbering 55 |
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| 93 | | - | registration. 56 |
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| 94 | | - | Section 3. Subsection (1) of section 476.188, Florida 57 |
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| 95 | | - | Statutes, is amended to read: 58 |
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| 96 | | - | 476.188 Barber services to be performed in registered 59 |
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| 97 | | - | barbershop; exception. — 60 |
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| 98 | | - | (1) Barber services shall be performed only by licensed 61 |
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| 99 | | - | barbers in registered barbershops, except as otherwise provide d 62 |
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| 100 | | - | in this section. However, a person registered to perform limited 63 |
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| 101 | | - | barbering under s. 476.144(8) may perform limited barbering in a 64 |
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| 102 | | - | licensed barbershop. 65 |
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| 103 | | - | Section 4. Paragraphs (a), (b), and (d) of subsection (1) 66 |
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| 104 | | - | of section 476.194, Florida Statutes, are amended to read: 67 |
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| 105 | | - | 476.194 Prohibited acts. — 68 |
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| 106 | | - | (1) It is unlawful for any person to: 69 |
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| 107 | | - | (a) Engage in the practice of barbering without an active 70 |
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| 108 | | - | license as a barber issued pursuant to the provisions of this 71 |
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| 109 | | - | act by the department , unless the person is regi stered to 72 |
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| 110 | | - | perform limited barbering under s. 476.144(8) . 73 |
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| 111 | | - | (b) Hire or employ any person to engage in the practice of 74 |
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| 112 | | - | barbering unless such person holds a valid license as a barber 75 |
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| 88 | + | or is authorized to perform restricted barbering under s. 51 |
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| 89 | + | 476.144(8). 52 |
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| 90 | + | (d) Own, operate, maintain, open, establish, conduct, or 53 |
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| 91 | + | have charge of, either alone or with another person or persons, 54 |
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| 92 | + | a barbershop: 55 |
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| 93 | + | 1. Which is not licensed under the provisions of this 56 |
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| 94 | + | chapter; or 57 |
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| 95 | + | 2. In which a person not licensed as a barber is permitted 58 |
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| 96 | + | to perform services, unless the person is authorized to perform 59 |
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| 97 | + | restricted barbering under s. 476.144(8) . 60 |
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| 98 | + | Section 4. Paragraph (a) of subsection (1) of section 61 |
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| 99 | + | 476.204, Florida Statutes, is amended to read: 62 |
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| 100 | + | 476.204 Penalties.— 63 |
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| 101 | + | (1) It is unlawful for any person to: 64 |
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| 102 | + | (a) Hold himself or herself out as a barber unless he or 65 |
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| 103 | + | she is authorized to provide barbering or restricted barbering 66 |
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| 104 | + | duly licensed as provided in this chapter. 67 |
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| 105 | + | Section 5. Subsections (1) and (2) of section 476.214, 68 |
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| 106 | + | Florida Statutes, are amended to read: 69 |
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| 107 | + | 476.214 Grounds for suspending, revoking, or refusing to 70 |
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| 108 | + | grant license or certificate. — 71 |
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| 109 | + | (1) The board shall ha ve the power to revoke or suspend 72 |
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| 110 | + | any authorization to practice restricted barbering, license, 73 |
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| 111 | + | registration card, or certificate of registration issued 74 |
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| 112 | + | pursuant to this act, or to reprimand, censure, deny subsequent 75 |
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| 125 | | - | or is registered to perform limited barbering under s. 76 |
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| 126 | | - | 476.144(8). 77 |
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| 127 | | - | (d) Own, operate, maintain, open, establish, conduct, or 78 |
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| 128 | | - | have charge of, either alone or with another person or persons, 79 |
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| 129 | | - | a barbershop: 80 |
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| 130 | | - | 1. Which is not licensed under the provisions of this 81 |
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| 131 | | - | chapter; or 82 |
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| 132 | | - | 2. In which a person not licensed as a barber is permitte d 83 |
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| 133 | | - | to perform services, unless the person is registered to perform 84 |
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| 134 | | - | limited barbering under s. 476.144(8) . 85 |
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| 135 | | - | Section 5. Paragraph (a) of subsection (1) of section 86 |
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| 136 | | - | 476.204, Florida Statutes, is amended to read: 87 |
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| 137 | | - | 476.204 Penalties.— 88 |
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| 138 | | - | (1) It is unlawful for any person to: 89 |
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| 139 | | - | (a) Hold himself or herself out as a barber unless duly 90 |
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| 140 | | - | licensed as provided in this chapter or registered to perform 91 |
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| 141 | | - | limited barbering under s. 476.144(8) . 92 |
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| 142 | | - | Section 6. Subsections (1) and (2) of section 476.214, 93 |
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| 143 | | - | Florida Statutes, are amended to read: 94 |
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| 144 | | - | 476.214 Grounds for suspending, revoking, or refusing to 95 |
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| 145 | | - | grant license or certificate. — 96 |
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| 146 | | - | (1) The board shall have the power to revoke or suspend 97 |
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| 147 | | - | any license, registration card, or certificate of registration , 98 |
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| 148 | | - | including a registration to perform limited barbering, issued 99 |
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| 149 | | - | pursuant to this act, or to reprimand, censure, deny subsequent 100 |
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| 150 | | - | |
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| 151 | | - | CS/HB 1251 2023 |
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| 152 | | - | |
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| 153 | | - | |
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| 154 | | - | |
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| 155 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 156 | | - | hb1251-01-c1 |
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| 157 | | - | Page 5 of 5 |
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| 158 | | - | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 159 | | - | |
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| 160 | | - | |
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| 161 | | - | |
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| 162 | | - | licensure of, or otherwise discipline any holder of a license, 101 |
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| 163 | | - | registration card, or certificate of registration , including a 102 |
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| 164 | | - | registration to perform limited barbering, issued pursuant to 103 |
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| 165 | | - | this act, for any of the following causes: 104 |
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| 166 | | - | (a) Gross malpractice or gross incompetency in the 105 |
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| 167 | | - | practice of barbering; 106 |
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| 168 | | - | (b) Practice by a person knowingly having an infectious or 107 |
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| 169 | | - | contagious disease; or 108 |
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| 170 | | - | (c) Commission of an y of the offenses described in s. 109 |
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| 171 | | - | 476.194. 110 |
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| 172 | | - | (2) The board shall keep a record of its disciplinary 111 |
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| 173 | | - | proceedings against holders of licenses or certificates of 112 |
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| 174 | | - | registration, including a registration to perform limited 113 |
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| 175 | | - | barbering, issued pursuant to this act. 114 |
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| 176 | | - | Section 7. This act shall take effect July 1, 2023. 115 |
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| 125 | + | licensure of, or otherwise discipline an y person authorized to 76 |
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| 126 | + | practice restricted barbering or any holder of a license, 77 |
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| 127 | + | registration card, or certificate of registration issued 78 |
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| 128 | + | pursuant to this act, for any of the following causes: 79 |
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| 129 | + | (a) Gross malpractice or gross incompetency in the 80 |
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| 130 | + | practice of barbering; 81 |
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| 131 | + | (b) Practice by a person knowingly having an infectious or 82 |
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| 132 | + | contagious disease; or 83 |
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| 133 | + | (c) Commission of any of the offenses described in s. 84 |
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| 134 | + | 476.194. 85 |
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| 135 | + | (2) The board shall keep a record of its disciplinary 86 |
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| 136 | + | proceedings against persons authorized to practice restricted 87 |
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| 137 | + | barbering and holders of licenses or certificates of 88 |
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| 138 | + | registration issued pursuant to this act. 89 |
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| 139 | + | Section 6. This act shall take effect July 1, 2023. 90 |
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