PCS for HB 1251 (2023): An Act Relating to Limited Barbering — Florida House of Representatives
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- Congressional materials
- Document type
- 2023 3236 Regulatory Reform Economic Development Subcommittee Proposed Committee Bills Pcb
Summary
The original 2023 text of the Florida House of Representatives PCS for HB 1251, a bill relating to limited barbering. Section 1 adds subsection (8) to section 476.144, Florida Statutes, defining limited barbering as hair cutting and styling, mustache and beard trimming, and shampooing and blow drying. It allows an unlicensed person to perform limited barbering if the person registers with the board, works in a licensed barbershop with a licensed barber present, completes a board-approved course on human immunodeficiency virus and acquired immune deficiency syndrome, and meets safety and sanitation requirements; the board may not charge a registration fee. Sections 2 through 6 amend ss. 476.184, 476.188, 476.194, 476.204 and 476.214 to conform and to allow the board to discipline registrants. Section 7 sets an effective date of July 1, 2023.
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Cite this document
“PCS for HB 1251 (2023): An Act Relating to Limited Barbering — Florida House of Representatives.”
Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-3236-regulatory-reform-economic-development-subcommittee-proposed-committee-bills-pcbs-fn-pcs-for-hb-1251/
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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
PCS for HB 1251 ORIGINAL 2023
1 A bill to be entitled
2 An act relating to limited barbering; amending s.
3 476.144, F.S.; authorizing persons without a license
4 to practice barbering to perform restricted barbering
5 at barbershops if certain requirements are met;
6 amending ss. 476.184, 476.188, 476.194, and 476.204,
7 F.S.; conforming provisions to changes made by the
8 act; amending s. 476.214, F.S.; authorizing the
9 Barbers' Board to discipline persons authorized to
10 practice restricted barbering; providing an effective
11 date; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Subsection (8) is added to section 476.144,
16 Florida Statutes, to read:
17 476.144 Licensure.—
18 (8)(a) As used in this chapter, “limited barbering” means
19 the following practices when done for remuneration for the
20 public, but not when done for the treatment of disease or
21 physical or mental ailments:
22 1. Hair cutting and styling, including the application of
23 hair tonics and hair spray, but not including the application of
24 any other chemical preparations or solutions to the hair,
25 2. Mustache and beard trimming, and
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PCS for HB 1251 ORIGINAL 2023
26 3. Shampooing the hair, including the application of
27 shampoos and hair conditioners, and blow drying the hair.
28 (b) Notwithstanding any other provision of this chapter or
29 board rule, a person without a license to practice barbering,
30 who has not completed the examination or training required under
31 s. 476.114 may perform limited barbering, if:
32 1. The person registers his or her name with the board.
33 2. The person performs limited barbering in a licensed
34 barbershop with a licensed barber present.
35 3. The person has completed the continuing educational
36 course approved by the board on human immunodeficiency virus and
37 acquired immune deficiency syndrome, as required by s. 455.2228.
38 4. The person complies with all safety and sanitation
39 requirements for barbershop personnel while practicing limited
40 barbering at a licensed barbershop.
41 (c) Upon receipt of the registration request, the board:
42 1. May not charge a fee for such registration.
43 2. May deny such registration if the person has been
44 disciplined relating to the practice of barbering in the
45 previous 3 years in any jurisdiction or as provided under s.
46 455.213(3).
47 3. Must list the person on the department’s website as a
48 limited barber upon granting a registration.
49 Section 2. Subsection (10) of section 476.184, Florida
50 Statutes, is amended to read:
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PCS for HB 1251 ORIGINAL 2023
51 476.184 Barbershop licensure; requirements; fee;
52 inspection; license display.—
53 (10) Each barbershop shall display, in a conspicuous
54 place, the barbershop license and each individual licensee's
55 certificate or each individual’s proof of limited barbering
56 registration.
57 Section 3. Subsection (1) of section 476.188, Florida
58 Statutes, is amended to read:
59 476.188 Barber services to be performed in registered
60 barbershop; exception.—
61 (1) Barber services shall be performed only by licensed
62 barbers in registered barbershops, except as otherwise provided
63 in this section. However, a person registered to perform limited
64 barbering pursuant to s. 476.144(8) may perform limited
65 barbering in a licensed barbershop.
66 Section 4. Paragraphs (a), (b), and (d) of subsection (1)
67 of section 476.194, Florida Statutes, are amended to read:
68 476.194 Prohibited acts.—
69 (1) It is unlawful for any person to:
70 (a) Engage in the practice of barbering without an active
71 license as a barber issued pursuant to the provisions of this
72 act by the department, unless the person is registered to
73 perform limited barbering under s. 476.144(8).
74 (b) Hire or employ any person to engage in the practice of
75 barbering unless such person holds a valid license as a barber
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76 or is registered to perform limited barbering under s.
77 476.144(8).
78 (d) Own, operate, maintain, open, establish, conduct, or
79 have charge of, either alone or with another person or persons,
80 a barbershop:
81 1. Which is not licensed under the provisions of this
82 chapter; or
83 2. In which a person not licensed as a barber is permitted
84 to perform services, unless the person is registered to perform
85 limited barbering under s. 476.144(8).
86 Section 5. Paragraph (a) of subsection (1) of section
87 476.204, Florida Statutes, is amended to read:
88 476.204 Penalties.—
89 (1) It is unlawful for any person to:
90 (a) Hold himself or herself out as a barber unless duly
91 licensed as provided in this chapter or registered to perform
92 limited barbering under s. 476.144(8).
93 Section 6. Subsections (1) and (2) of section 476.214,
94 Florida Statutes, are amended to read:
95 476.214 Grounds for suspending, revoking, or refusing to
96 grant license or certificate.—
97 (1) The board shall have the power to revoke or suspend
98 any license, registration card, or certificate of registration,
99 including a registration to practice limited barbering, issued
100 pursuant to this act, or to reprimand, censure, deny subsequent
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PCS for HB 1251 ORIGINAL 2023
101 licensure of, or otherwise discipline any holder of a license,
102 registration card, or certificate of registration, including a
103 registration to practice limited barbering, issued pursuant to
104 this act, for any of the following causes:
105 (a) Gross malpractice or gross incompetency in the
106 practice of barbering;
107 (b) Practice by a person knowingly having an infectious or
108 contagious disease; or
109 (c) Commission of any of the offenses described in s.
110 476.194.
111 (2) The board shall keep a record of its disciplinary
112 proceedings against holders of licenses or certificates of
113 registration, including a registration to practice limited
114 barbering, issued pursuant to this act.
115 Section 7. This act shall take effect July 1, 2023.
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- Original
- www.flhouse.gov