HB 887 by Representative Ingram amends barbering and cosmetology restrictions to allow services to be provided at locations outside of barbershops and salons, authorizes the cosmetology board to accept work experience in lieu of educational hours for endorsement applicants, and exempts makeup service professionals from licensure as cosmetologists. DBPR is willing to work with any changes BIC finds necessary. HB 887 passed out of Business & Consumer Affairs Subcommittee with 14 votes. It will be heard next in Rulemaking & Regulation Subcommittee. The identical bill in the Senate, SB 1252 has not yet been voted on, but will be heard in Regulated Industries.

RELATED BILLS

HB 887 Relating to Business and Professional Regulation

SB 1252 Relating to Business and Professional Regulation

SB 762 Relating to Practice of Professions Regulated by DBPR

HB 517 Relating to Reducing and Streamlining Regulations

UPDATES
2/3/2012
HB 887 by Representative Ingram passed out of the House Government Operations Appropriations Subcommittee on Tuesday of this week. The sponsor and the Department ofBusiness and Professional Regulation are working with FRF’s Beauty Industry Councilregarding makeup certification requirements and barbering services outside of a barbershop. Before the bill is heard in its next committee stop, the House Economic Affairs Committee, the Department will present new language regarding the industry's concerns.

Our concerns continue to be health and safety issues with barbers performing services away from their licensed businesses; the provision that exempts licensing and training requirements for persons that wish to apply make-up; and language that reduces the state standards for cosmetologists coming from other states.

Currently barbers may only provide services away from their licensed locations at nursing homes, hospitals, or residences when a client for reasons of ill health is unable to go to a registered barbershop. An exception to licensing requirements for persons applying make-up is only for those persons that apply make-up in conjunction with the sale of a retail product. And Florida’s current licensure by endorsement statute requires practitioners desiring to be licensed in this state who hold a current active license in another state to meet qualifications substantially similar to, equivalent to, or greater than the qualifications required of applicants from Florida.

Senator Jones bill, SB 1252, passed out of the Regulated Industries Committee Thursday afternoon. Like Representative Ingram’s bill, we are working with the Department on new language regarding the industry’s concerns. However Senator Jones, who chairs the committee, corrected the Beauty Industry Council’s concerns with the licensure by endorsement language. We will be working closely with DBPR Secretary Ken Lawson as the legislation moves through the process.

2/10/2012
The committee substitute for HB 887 by Representative Ingram passed out of the Economic Affairs Committee Wednesday of this week. The sponsor and the Department of Business and Professional Regulation have been working closely with FRF’s Beauty Industry Council to ensure safe regulations on the industry. The committee filed a strike-all amendment that did not include the changes to the barbering statute or the make-up statute that the industry had health and safety concerns with. The language that was approved by BIC regarding licensure by endorsement and cosmetology performed outside of a licensed salon in connection with a special event were both in the committee substitute. Economic Affairs was the last stop for HB 887 before it reaches the house floor.

The Senate bill, SB 1252 by Chairman Jones, had no scheduled action this week. SB 1252 will be amended in committee to line up with the House bill. We appreciate the Department’s efforts to work with the Industry to bring resolution to our concerns. SB 762, by Senator Hays, passed out of Senate Criminal Justice Committee Thursday afternoon.

SB 762 will be heard next in the Senate Budget Committee. This bill repeals provisions that provide criminal penalties for violations of agency rules and chapters of the Florida Statutes that govern the specified professions. Under the bill, the following professions would not be subject to criminal penalties for such violations: auctioneers, real estate professionals, barbers, and cosmetologists. The bill also caps the continuing education hours required to reactivate an inactive license to only one renewal cycle of hours, instead of the hours required for each year the license was inactive for the following professions: community association managers, home inspectors, architects, landscape architects, construction contractors, electrical and alarm system contractors, and cosmetologists.

HB 517, by Representative Grant, with similar language to SB 762 passed the House of Representatives and is now in senate messages.

2/27/2012
CS/HB 887 by Representative Ingram passed the Florida House Thursday afternoon. The sponsor and the Department of Business and Professional Regulation have been working closely with FRF’s Beauty Industry Council to ensure safe regulations on the industry. Language regarding the barbering statute and the make-up statute were deleted from the CS due to the industry’s health and safety concerns. The language that was approved by BIC regarding licensure by endorsement and cosmetology services performed outside of a licensed salon in connection with a special event were both in the CS. CS/HB 887 will be sent to the Florida Senate in Messages.

3/2/2012
CS/CS/SB 1252 by Senator Jones passed out of the Senate Budget Subcommittee on General Government Operations Tuesday. A strike-all was adopted that added language approved by BIC regarding the barbering statute, make-up statute, and licensure by endorsement to match the Senators bill with HB 887. CS/CS/SB 1252 will be heard next in the Senate Budget Committee. We appreciate Senator Jones and the Department’s efforts to work with the Industry to bring resolution to our concerns.