SECTION 2:
Florida Law
Course Material
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Outline for Florida Law
Sections of Florida law covered: 1. 455.225 Disciplinary proceedings 2. 455.2275 Penalty for giving false information 3. 455.228 Unlicensed practice of a profession, cease and desist, civil penalty, enforcement 4. 477.015 Covers the board of cosmetology 5. 477.019 Cosmetologists, qualifications, licensure, supervise practice, license renewal 6. 477.0201 Specialty registration, qualifications, registration renewal, endorsement 7. 477.0212 Inactive status for licenses 8. 477.025 Cosmetology salons, specialty salons, inspections 9. 477.0265 Prohibited acts 10. 61 G5 - 18.008 Cosmetologists license renewal 11. 61 G5 - 20.001 Salon defined 12. 61 G5 - 20.002 Salon requirements 13. 61 G5 - 20.005 Salon license renewal 14. 61 G5 - 24.009 Biennial renewal fee and delinquent fee for salon license 15. 61 G5 - 24.010 Delinquent license and specialty registration fee 16. 61 G5 - 24.01 Processing fee, change of status 17. 61 G5 - 24.016 Re-activation fee for cosmetologists and specialists 18. 61 G5 - 24.017 Inactive status license and specialty registration fees 19. 61 G5 - 29.002 Specialty registration 20. 61G5-30.001 Disciplinary Guidelines .21. 61G5-30.004 Citations. 22. 61G5-30.005 Mediation. 23. 61G5-30.006 Notice of Non Compliance. Course Overview: This course reviews the Florida laws, in particular the sections governing the industry for which a licensing and licensing renewal is necessary to practice. The sections cover areas of the law of this state that directly govern and oversee the beauty industry. Knowledge is power and to comply with the regulations, restrictions, and obligations that an applicant or a licensee is held accountable for, it is of great importance to review these. So in this course the laws of the state will be covered. These laws will include disciplinary proceedings, penalty for giving false information, unlicensed practice of a profession, cease and desist notice, civil penalty, enforcement citations, allocations of moneys collected, the board of cosmetology, cosmetologists (qualifications, licensure, supervised practice, license renewal, endorsement and continuing education). Also covered are specialty registration, qualifications, renewal, and endorsement. The Florida laws regarding inactive status for licenses, cosmetology salons, specialty salons, inspections, and prohibited acts are provided. In addition, this course will review the laws pertaining to cosmetologists, license renewal, salon defined, the requirements to receive a license for a salon, and salon license renewal. Finally, the laws dictating the biennial renewal fee required for the licensee and the requisite continued education essential for renewal, the delinquent fee for salon license, delinquent license and specialty registration fee, processing fee, change of status, and re-activation fees for cosmetologists and specialists are presented. This section continues with the Florida law pertaining to disciplinary guidelines, which sets forth rules regarding citations given, the terms of mediation proceedings and laws of notice of non-compliance. Florida Law
455.225 Disciplinary proceedings. (1) (a) The department, for the boards under its jurisdiction, shall cause to be investigated any complaint that is filed before it if the complaint is in writing, signed by the complainant, and legally sufficient. A complaint is legally sufficient if it contains ultimate facts that show that a violation of this part, of any of the practice acts relating to the professions regulated by the department, or of any rule adopted by the department or a regulatory board in the department has occurred. In order to determine legal sufficiency, the department may require supporting information or documentation. The department may investigate, and the department or the appropriate board may take appropriate final action on, a complaint even though the original complainant withdraws it or otherwise indicates a desire not to cause the complaint to be investigated or prosecuted to completion. The department may investigate an anonymous complaint if the complaint is in writing and is legally sufficient, if the alleged violation of law or rules is substantial, and if the department has reason to believe, after preliminary inquiry, that the violations alleged in the complaint are true. The department may investigate a complaint made by a confidential informant if the complaint is legally sufficient, if the alleged violation of law or rule is substantial, and if the department has reason to believe, after preliminary inquiry, that the allegations of the complainant are true. The department may initiate an investigation if it has reasonable cause to believe that a licensee or a group of licensees has violated a Florida statute, a rule of the department, or a rule of a board. (This section describes the criteria necessary to invoke an investigation by the department. The department will investigate any complaint that is properly filed. If the original complaint is withdrawn the department can still take appropriate final action.) (b) When an investigation of any subject is undertaken, the department shall promptly furnish to the subject or the subject's attorney a copy of the complaint or document that resulted in the initiation of the investigation. The subject may submit a written response to the information contained in such complaint or document within 20 days after service to the subject of the complaint or document. The subject's written response shall be considered by the probable cause panel. The right to respond does not prohibit the issuance of a summary emergency order if necessary to protect the public. However, if the secretary, or the secretary's designee, and the chair of the respective board or the chair of its probable cause panel agree in writing that such notification would be detrimental to the investigation, the department may withhold notification. The department may conduct an investigation without notification to any subject if the act under investigation is a criminal offense. (The subject of the complaint shall be notified of the investigation and has the right to respond within 20 days. If the complaint is found to be of a criminal nature, no notice is deemed necessary.) (2) The department shall allocate sufficient and adequately trained staff to expeditiously and thoroughly determine legal sufficiency and investigate all legally sufficient complaints. When its investigation is complete and legally sufficient, the department shall prepare and submit to the probable cause panel of the appropriate regulatory board the investigative report of the department. The report shall contain the investigative findings and the recommendations of the department concerning the existence of probable cause. At any time after legal sufficiency is found, the department may dismiss any case, or any part thereof, if the department determines that there is insufficient evidence to support the prosecution of allegations contained therein. The department shall provide a detailed report to the appropriate probable cause panel prior to dismissal of any case or part thereof, and to the subject of the complaint after dismissal of any case or part thereof, under this section. For cases dismissed prior to a finding of probable cause, such report is confidential and exempt from fs.119.07(1). The probable cause panel shall have access, upon request, to the investigative files pertaining to a case prior to dismissal of such case. If the department dismisses a case, the probable cause panel may retain independent legal counsel, employ investigators, and continue the investigation and prosecution of the case as it deems necessary. (A report of sufficient evidence shall be written and supplied. Even if a case is discharged, a probable cause panel can proceed with the investigation and prosecution .) (3) (a) As an alternative to the provisions of subsections (1) and (2), when a complaint is received, the department may provide a licensee with a notice of noncompliance for an initial offense of a minor violation. A violation is a minor violation if it does not demonstrate a serious inability to practice the profession, result in economic or physical harm to a person, or adversely affect the public health, safety, or welfare or create a significant threat of such harm. Each board, or the department if there is no board, shall establish by rule those violations which are minor violations under this provision. Failure of a licensee to take action in correcting the violation within 15 days after notice may result in the institution of regular disciplinary proceedings. (b) The department may issue a notice of noncompliance for an initial offense of a minor violation, notwithstanding a board's failure to designate a particular minor violation by rule as provided in paragraph (a) (This covers the required notice and lays out the criteria as to what is considered a minor violation by the department. After notice of an initial minor violation the licensee has 15 days to correct.) (4) The determination as to whether probable cause exists shall be made by majority vote of a probable cause panel of the board, or by the department, as appropriate. Each regulatory board shall provide by rule that the determination of probable cause shall be made by a panel of its members or by the department. Each board may provide by rule for multiple probable cause panels composed of at least two members. Each board may provide by rule that one or more members of the panel or panels may be a former board member. The length of term or repetition of service of any such former board member on a probable cause panel may vary according to the direction of the board when authorized by board rule. Any probable cause panel must include one of the board's former or present consumer members, if one is available, willing to serve, and is authorized to do so by the board chair. Any probable cause panel must include a present board member. Any probable cause panel must include a former or present professional board member. However, any former professional board member serving on the probable cause panel must hold an active valid license for that profession. All proceedings of the panel are exempt from fs.286.011 until 10 days after probable cause has been found to exist by the panel or until the subject of the investigation waives his or her privilege of confidentiality. The probable cause panel may make a reasonable request, and upon such request the department shall provide such additional investigative information as is necessary to the determination of probable cause. A request for additional investigative information shall be made within 15 days from the date of receipt by the probable cause panel of the investigative report of the department. The probable cause panel or the department, as may be appropriate, shall make its determination of probable cause within 30 days after receipt by it of the final investigative report of the department. The secretary may grant extensions of the 15-day and the 30-day time limits. In lieu of a finding of probable cause, the probable cause panel, or the department when there is no board, may issue a letter of guidance to the subject. If, within the 30-day time limit, as may be extended, the probable cause panel does not make a determination regarding the existence of probable cause or does not issue a letter of guidance in lieu of a finding of probable cause, the department, for disciplinary cases under its jurisdiction, must make a determination regarding the existence of probable cause within 10 days after the expiration of the time limit. If the probable cause panel finds that probable cause exists, it shall direct the department to file a formal complaint against the licensee. The department shall follow the directions of the probable cause panel regarding the filing of a formal complaint. If directed to do so, the department shall file a formal complaint against the subject of the investigation and prosecute that complaint pursuant to chapter 120. However, the department may decide not to prosecute the complaint if it finds that probable cause had been improvidently found by the panel. In such cases, the department shall refer the matter to the board. The board may then file a formal complaint and prosecute the complaint pursuant to chapter 120. The department shall also refer to the board any investigation or disciplinary proceeding not before the Division of Administrative Hearings pursuant to chapter 120 or otherwise completed by the department within 1 year after the filing of a complaint. The department, for disciplinary cases under its jurisdiction, must establish a uniform reporting system to quarterly refer to each board the status of any investigation or disciplinary proceeding that is not before the Division of Administrative Hearings or otherwise completed by the department within 1 year after the filing of the complaint. A probable cause panel or a board may retain independent legal counsel, employ investigators, and continue the investigation as it deems necessary; all costs thereof shall be paid from the Professional Regulation Trust Fund. All proceedings of the probable cause panel are exempt from fs.120.525. (This law covers the requirements of the probable cause panel, those who may be included on the panel, and the panel guidelines.) (5) A formal hearing before an administrative law judge from the Division of Administrative Hearings shall be held pursuant to chapter 120 if there are any disputed issues of material fact. The administrative law judge shall issue a recommended order pursuant to chapter 120. If any party raises an issue of disputed fact during an informal hearing, the hearing shall be terminated and a formal hearing pursuant to chapter 120 shall be held. (This statute explains what will cause the dismissal of an informal hearing and its replacement with a formal hearing.) (6) The appropriate board, with those members of the panel, if any, who reviewed the investigation pursuant to subsection (4) being excused, or the department when there is no board, shall determine and issue the final order in each disciplinary case. Such order shall constitute final agency action. Any consent order or agreed settlement shall be subject to the approval of the department. (7) The department shall have standing to seek judicial review of any final order of the board, pursuant to s. 120.68. (8) Any proceeding for the purpose of summary suspension of a license, or for the restriction of the license, of a licensee pursuant to s. 120.60(6) shall be conducted by the Secretary of Business and Professional Regulation or his or her designee, who shall issue the final summary order. (9) The department shall periodically notify the person who filed the complaint of the status of the investigation, whether probable cause has been found, and the status of any civil action or administrative proceeding or appeal. (10) The complaint and all information obtained pursuant to the investigation by the department are confidential and exempt from fs.119.07(1) until 10 days after probable cause has been found to exist by the probable cause panel or by the department, or until the regulated professional or subject of the investigation waives his or her privilege of confidentiality, whichever occurs first. However, this exemption does not apply to actions against unlicensed persons pursuant to s. 455.228 or the applicable practice act. Upon completion of the investigation and pursuant to a written request by the subject, the department shall provide the subject an opportunity to inspect the investigative file or, at the subject's expense, forward to the subject a copy of the investigative file. The subject may file a written response to the information contained in the investigative file. Such response must be filed within 20 days, unless an extension of time has been granted by the department. This subsection does not prohibit the department from providing such information to any law enforcement agency or to any other regulatory agency. (This statute directs the process and time allotted in which the subject of an investigation receives a written report and may submit a written response.) (11) A privilege against civil liability is hereby granted to any complainant or any witness with regard to information furnished with respect to any investigation or proceeding pursuant to this section, unless the complainant or witness acted in bad faith or with malice in providing such information.
455.2275 Penalty for giving false information. (Covers the penalty for false information for the purpose of obtaining a license to practice a profession.)
455.228 Unlicensed practice of a profession; cease and desist notice; civil penalty; enforcement; citations; allocation of moneys collected. (This statute sets forth the procedures and the criteria with regards to persons practicing without a license.) (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 prevails, may also award reasonable costs of investigation. (3)(a) Notwithstanding the provisions of s. 455.225, 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 than $500 or more than $5,000 or other conditions as established by rule. (This section covers the fines for persons practicing without a license.) (b) Each day that the unlicensed practice continues after issuance of a citation constitutes a separate violation. (c) 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. (d) Service of a citation may be made by personal service or certified mail, restricted delivery, to the subject at the subject's last known address. (4) All fines, fees, and 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.
477.015 Board of Cosmetology (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 unexpired 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. (This section of the statutes describes the structure and function of the State Board of Cosmetology. It addresses the board members’ duties and obligations.)
477.019 Cosmetologists; qualifications; licensure;
supervised practice; license renewal; endorsement;
continuing education. (2) An applicant shall be eligible for licensure by examination to practice cosmetology if the applicant: (a) Is at least 16 years of age or has received a high school diploma; (b) Pays the required application fee; and (c) 1. Holds an active valid license to practice cosmetology in another state or country, has held the license for at least 1 year, and does not qualify for licensure by endorsement as provided for in subsection (6); or 2. Has received a minimum of 1,200 hours of training as established by the board, which shall include, but shall not be limited to, the equivalent of completion of services directly related to the practice of cosmetology at one of the following: a. A school of cosmetology licensed pursuant to chapter 246. b. A cosmetology program within the public school system. c. The Cosmetology Division of the Florida School for the Deaf and the Blind, provided the division meets the standards of this chapter. d. A government-operated cosmetology program in this state. 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 the person 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, as established by board rule, on the examination and paying the initial licensing fee, the department shall issue a license to practice cosmetology. (4) Following the completion of the first licensing examination and pending the results of that examination and issuance of a license to practice cosmetology, graduates of licensed cosmetology schools or cosmetology programs offered in public school systems, which schools or programs are certified by the Department of Education, 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 under the supervision of a licensed cosmetologist in a licensed cosmetology salon 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 who hold a current active license in another state and who have met qualifications substantially similar to, equivalent to, or greater than the qualifications required of applicants from this state. (7)(a) The board shall prescribe by rule continuing education requirements intended to ensure protection of the public through updated training of licensees and registered specialists, 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 regulations; 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) Any person whose occupation or practice is confined solely to hair braiding, hair wrapping, or body wrapping is exempt from the continuing education requirements of this subsection. (c) 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. (Covered in this section are the licensing process and the requirements for license renewal.)
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: (a) Is at least 16 years of age or has received a high school diploma. (b) Has received a certificate of completion in a specialty pursuant to s. 477.013(6) from one of the following: 1. A school licensed pursuant to s. 477.023. 2. A school licensed pursuant to chapter 246 or the equivalent licensing authority of another state. 3. A specialty program within the public school system. 4. 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. 2) A person desiring to be registered as a specialist shall apply to the department in writing upon forms prepared and furnished by the department. (3) Upon paying the initial registration fee, the department shall register the applicant to practice one or more of the specialty practices within the practice of cosmetology. (4) Renewal of registration shall be accomplished pursuant to rules adopted by the board. (5) The board shall adopt rules specifying procedures for the registration of specialty practitioners desiring to be registered in this state who have been registered or licensed and are practicing in states which have registering or licensing standards substantially similar to, equivalent to, or more stringent than the standards of this state. (6) 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.
477.0212 Inactive status.
(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.
477.025 Cosmetology salons; specialty salons; requisites; licensure; inspection; mobile cosmetology salons. (2) The board shall adopt rules governing the licensure and operation of salons and specialty salons and their facilities, personnel, safety and sanitary requirements, and the license application and granting process. (3) Any person, firm, or corporation desiring to operate a cosmetology salon or specialty salon in the state shall submit to the department an application upon forms provided by the department and accompanied by any relevant information requested by the department and by an application fee. (4) Upon receiving the application, 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 the requirements provided herein, the department shall deny the application in writing and shall list the specific requirements not met. No applicant denied licensure because of failure to meet the requirements herein shall be precluded from reapplying for licensure. (6) When the department determines that the proposed cosmetology salon or specialty salon may reasonably be expected to meet the requirements set forth herein, the department shall grant the license upon such conditions as it shall deem proper under the circumstances and upon payment of the original licensing fee. (7) No license for operation of a cosmetology salon or specialty salon may be transferred from the name of the original licensee to another. It may be transferred from one location to another only upon approval by the department, which approval shall not be unreasonably withheld. (8) Renewal of license registration for cosmetology salons or specialty salons shall be accomplished pursuant to rules adopted by the board. The board is further authorized to adopt rules governing delinquent renewal of licenses and may impose penalty fees for delinquent renewal. (9) The board is authorized to adopt rules governing the periodic inspection of cosmetology salons and specialty salons licensed under this chapter. (10)(a) The board shall adopt rules governing the licensure, operation, and inspection of mobile cosmetology salons, including their facilities, personnel, and safety and sanitary requirements. (b) Each mobile salon must comply with all licensure and operating requirements specified in this chapter or chapter 455 or rules of the board or department that apply to cosmetology salons at fixed locations, except to the extent that such requirements conflict with this subsection or rules adopted pursuant to this subsection. (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 licenseholder'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. (e) The board shall establish fees for mobile cosmetology salons, not to exceed the fees for cosmetology salons at fixed locations. (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.
477.0265 Prohibited acts.
(a) Engage in the practice of cosmetology or a specialty without an active license as a cosmetologist or registration as a specialist issued by the department pursuant to the provisions of this chapter. (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: 1. Which is not licensed under the provisions of this chapter; or 2. In which a person not licensed or registered as a cosmetologist or a specialist is permitted to perform cosmetology services or any specialty. (c) Engage in willful or repeated violations of this chapter or of any rule adopted by the board. (d) Permit 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. (e) Obtain or attempt to obtain a license or registration for money, other than the required fee, or any other thing of value or by fraudulent misrepresentations. (f) Use or attempt to use a license to practice cosmetology or a registration to practice a specialty, which license or registration is suspended or revoked. (g) Advertise or imply that skin care services or body wrapping, as performed under this chapter, have any relationship to the practice of massage therapy as defined in s. 480.033(3), except those practices or activities defined in s. 477.013. (2) Any person who violates any provision of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
61 G5-1 8.008 Cosmetologist License Renewal. (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 with the Armed Forces. Specific Authority 455.02(2), 477.016, 477.019(4) FS. Law Implemented 455.02(2), 477.01 9(4) FS.
61G5-20.001 Salon Defined. Specific Authority 477.016 FS. Law Implemented 477.025 FS.
61G5-20.002 Salon Requirements. (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 61 G5- 24.005; and 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. Specific Authority 477.016, 477.025(2) FS. Law Implemented 477.025 FS.
61 G5-20.003 Inspections. Specific Authority 477.016 FS. Law Implemented 477.025(4), (9) FS.
61G5-20.005 Salon License Renewal. Specific Authority 477.016,477.025, 477.026 FS. Law Implemented 477.025(8), 477.026(1) (c) FS.
61G5-24.009 Biennial Renewal Fee and Delinquent Fee for Salon License. (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). Specific Authority 477.016, 477.025, 477.026 FS. Law Implemented 477.025, 477.026(1)(d) FS.
61G5-24.010 Delinquent License and Specialty Registration Fee. Specific Authority 477.016 FS. Law Implemented 477.026(1), 455.271(7) FS.
61G5-24.01 I Processing Fee; Change of Status. Specific Authority 477.016 FS. Law Implemented 455.271(8) FS.
61G5-24.016 Reactivation Fee for Cosmetologists and Specialists. Specific Authority 477.02 12(2) FS. Law Implemented 477.0212(2) FS.
61G5-24.017 Inactive Status License and Specialty Registration Fees. (2) The fee for renewal of an inactive registration shall be twenty dollars ($20.00). Specific Authority 477.016, 477.0212(2) FS. Law Implemented 477.0212(2), 477.026, 455.271(3) FS.
61G5-29.002 Specialty Registration. (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. Specific Authority 477.016 FS. Law Implemented 477.0201 FS.
61G5-30.001 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; 3. For a salon license which has expired, an administrative fine of $500.00. (c) Permitting an employed person to practice cosmetology or a specialty unless duly licensed or registered as provided in Chapter 477, Florida Statutes, unless such employed person is exempted pursuant to Section 477.0135(8), F.S. The usual 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; 2. for employing an individual 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 individual was employed up to a total of $500. (d) Presenting as one's own the license or registration of another. The usual recommended penalty shall be an administrative fine of $500 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 licenseholder or registrant of like or different name. The usual recommended penalty shall be an administrative 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 subsections (2) and (3) below or subsection (1)(i)2. below. (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 $500.00 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 licensee 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. 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 477, Florida Statutes, or any rule adopted by the Board. The usual recommended penalty shall be an administrative fine of $500 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 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 licensee 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, it 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: (a) the severity of the offense; (b) the danger to the public; (c) the number of repetitions of offenses; (d) the length of time since date of violation; (e) the number of complaints filed against the licensee; (f) the length of time licensee or registrant has practiced; (g) the actual damage, physical or otherwise, caused by the violation; (h) the deterrent effect of the penalty imposed; (i) the effect of the penalty upon the licensee's or registrant's livelihood; (j) any efforts for rehabilitation; (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 by licensee or registrant 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 violations; (o) penalties imposed for related offenses under subsection (1) above; (p) any other mitigating or aggravating circumstances. (5) Penalties imposed by the Board pursuant to 61G5-30.001, Florida Administrative Code, may be imposed in combination or individually but may not exceed the limitations enumerated below: (a) Issuance of a reprimand or censure.. (b) Imposition of an administrative fine not to exceed $500 for each count or separate offense. (c) Placement on probation for a period of time and subject to such reasonable conditions as the Board may specify. (d) Revocation or suspension of any license or registration issued pursuant to Chapter 477, Florida Statutes. (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 prosecution as provided for in Section 477.0265(2) or Section 477.031, Florida Statutes, 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 Statutes. (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. Specific Authority 455.2273, 477.016, 477.029(2) FS. Law Implemented 455.2273, 477.029(2) FS. History–New 10-20-86, Amended 10-18-87, 1-10-90, 1-30-92, 4-15-93, Formerly 21F-30.001.
61G5-30.004 Citations. (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 ($50.00): (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 a specialty with an inactive or expired license for one month or part of a month; (c) Operating a salon with a delinquent 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($100.00): (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; (c) Operating a salon with a delinquent 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-approved 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 ($500.00): (a) Practicing cosmetology or a specialty without a license; (b) Operating a salon without a license; (c) Employing a person to practice cosmetology or a specialty without a license; (d) Five or more violations of the safety, sanitary, or other salon requirements specified in Rule 61G5-20.002. Specific Authority 477.016, 455.224 FS. Law Implemented 455.224 FS. History–New 11-17-91, Amended 4-15-93, Formerly 21F-30.004, Amended 8-8-95, 2-28-96, 10-1-97.
61G5-30.005 Mediation. (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; (b) failure of the licensee to timely respond to a continuing education audit; (c) failure to submit change of address for a salon; and (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. Specific Authority 477.016, 455.2235(5) FS. Law Implemented 455.2235 FS. History–New 12-27-94.
61G5-30.006 Notice of Non Compliance. (a) Violations of Rule 61G5-20.004, F.A.C. (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 as 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: (a) Violations of Rule 61G5-20.004, F.A.C. (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 employees high school diploma or GED equivalency certificate and cosmetology school diploma or certificate of completion. Specific Authority 120.695, 455.225(3), 477.016 FS. Law Implemented 120.695, 455.225(3) FS. History–New 1-1-96, Amended 10-1-97.
References: Chapter 477 Cosmetology can be located at the following web site. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0477/titl0477.htm&StatuteYear=2000&Title=%2D%3E2000%2D%3EChapter%20477 All material was cited and obtained from Florida Laws. 455.225, 455.2275, 455.228, 477.015, 477.019, 477.0201, 477.0212, 477.025, 477.0265, 61 G5 - 18.008, 61 G5 - 20.001, 61 G5 - 20.002, 61 G5 - 20.005, 61 G5 - 24.009, 61 G5 - 24.010, 61 G5 - 24.01, 61 G5 - 24.016, 61 G5 - 24.017, 61 G5 - 29.002. 20. 61G5 – 30 DISCIPLINARY GUIDELINES 21. 61G5-30.004 Citations. 22. 61G5-30.005 Mediation. 23. 61G5-30.006 Notice of Non Compliance.
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