reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.0034 - Requirement for Instruction on HIV and Aids.

381.0034 Requirement for instruction on HIV and AIDS.—
(1) The Department of Health shall require each person licensed or certified under chapter 467, part IV of chapter 468, or chapter 483, as a condition of biennial relicensure, to complete an educational course approved by the department on the modes of transmission, infection control procedures, clinical management, and prevention of human immunodeficiency virus and acquired immune deficiency syndrome. Such course shall include information on current state law on acquired immune deficiency syndrome and its impact on testing, confidentiality of test results, and treatment of patients. Each such licensee or certificateholder shall submit confirmation of having completed the course, on a form provided by the department, when submitting fees or application for each biennial renewal.
(2) Failure to complete the requirements of this section shall be grounds for disciplinary action contained in the chapters specified in subsection (1). In addition to discipline by the department, the licensee or certificateholder shall be required to complete said course.
(3) The department shall require, as a condition of granting a license under chapter 467 or part I of chapter 483, that an applicant making initial application for licensure complete an educational course acceptable to the department on human immunodeficiency virus and acquired immune deficiency syndrome. Upon submission of an affidavit showing good cause, an applicant who has not taken a course at the time of licensure shall be allowed 6 months to complete this requirement.
(4) The department shall have the authority to adopt rules to carry out the provisions of this section.
(5) Any professional holding two or more licenses or certificates subject to the provisions of this section shall be permitted to show proof of having taken one department-approved course on human immunodeficiency virus and acquired immune deficiency syndrome, for purposes of relicensure or recertification for the additional licenses.
History.—s. 68, ch. 91-297; s. 40, ch. 95-196; s. 31, ch. 97-101; s. 19, ch. 2012-184; s. 1, ch. 2013-128; s. 3, ch. 2016-230; s. 7, ch. 2018-24; s. 56, ch. 2020-156.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.0035 - Educational Course on HIV and Aids; Employees and Clients of Certain Health Care Facilities.

381.0035 Educational course on HIV and AIDS; employees and clients of certain health care facilities.—
(1) The Department of Health shall require all employees and clients of facilities licensed under chapter 393, chapter 394, or chapter 397 and employees of facilities licensed under chapter 395, part II, part III, or part IV of chapter 400, or part I of chapter 429 to complete a one-time educational course on the modes of transmission, infection control procedures, clinical management, and prevention of human immunodeficiency virus and acquired immune deficiency syndrome with an emphasis on appropriate behavior and attitude change. Such instruction shall include information on current Florida law and its impact on testing, confidentiality of test results, and treatment of patients and any protocols and procedures applicable to human immunodeficiency counseling and testing, reporting, the offering of HIV testing to pregnant women, and partner notification issues pursuant to ss. 381.004 and 384.25. An employee who has completed the educational course required in this subsection is not required to repeat the course upon changing employment to a different facility licensed under chapter 393, chapter 394, chapter 395, chapter 397, part II, part III, or part IV of chapter 400, or part I of chapter 429.
(2) Facilities licensed under chapter 393, chapter 394, chapter 395, or chapter 397, part II, part III, or part IV of chapter 400, or part I of chapter 429 shall maintain a record of employees and dates of attendance at human immunodeficiency virus and acquired immune deficiency syndrome educational courses.
(3) The department shall have the authority to review the records of each facility to determine compliance with the requirements of this section. The department may adopt rules to carry out the provisions of this section.
(4) This section does not apply to an employee who is subject to the requirements of s. 456.033.
History.—s. 8, ch. 88-380; ss. 17, 69, ch. 91-297; s. 63, ch. 92-289; s. 32, ch. 97-101; s. 1, ch. 98-171; s. 190, ch. 99-13; s. 13, ch. 2006-197; s. 1, ch. 2008-103.
Note.—Former s. 381.043.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.0039 - Oversight of AIDS Education Programs.

381.0039 Oversight of AIDS education programs.—The Department of Education, the Department of Health, and the Department of Business and Professional Regulation are directed to establish an interagency agreement to oversee the quality and cost efficiency of acquired immune deficiency syndrome education programs being administered in the state pursuant to chapters 381, 456, 943, and 945. The interagency agreement shall also include development, where appropriate, of methods for coordinating educational programs for various professional groups.
History.—s. 16, ch. 89-350; s. 17, ch. 91-297; s. 38, ch. 94-218; s. 35, ch. 97-101; s. 19, ch. 98-166; s. 9, ch. 2000-160.
Note.—Former s. 381.6081.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.0042 - Patient Care for Persons With HIV Infection.

381.0042 Patient care for persons with HIV infection.—The department may establish human immunodeficiency virus patient care networks in each region of the state where the number of cases of human immunodeficiency virus transmission justifies the establishment of cost-effective regional patient care networks. Such networks shall be delineated by rule of the department which shall take into account natural trade areas and centers of medical excellence that specialize in the treatment of human immunodeficiency virus, as well as available federal, state, and other funds. Each patient care network shall include representation of persons with human immunodeficiency virus infection; health care providers; business interests; the department, including, but not limited to, county health departments; and local units of government. Each network shall plan for the care and treatment of persons with human immunodeficiency virus in a cost-effective, dignified manner that emphasizes outpatient and home care. Once per year, each network shall make its recommendations concerning the needs for patient care to the department.
History.—s. 39, ch. 88-380; s. 17, ch. 91-297; s. 36, ch. 97-101; s. 2, ch. 2020-133.
Note.—Former s. 381.612.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.0043 - Blood Donor Protection Act; Blood and Blood Component Donors; Confidentiality.

381.0043 Blood Donor Protection Act; blood and blood component donors; confidentiality.—
(1) This section may be cited as the “Blood Donor Protection Act.”
(2) A blood bank, a subsidiary or affiliate of a blood bank, an employee or agent of a blood bank, or a subsidiary or affiliate of an agent or employee of a blood bank, may not be compelled to disclose the identity or any identifying characteristics of a person who donates blood or a blood component. This subsection does not apply if written consent to disclose the donor’s identity or any identifying characteristics is obtained from the person who donates the blood or blood component and does not preclude disclosure to a local, state, or federal governmental public health authority as required by law.
History.—s. 1, ch. 2005-176.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.0045 - Targeted Outreach for Pregnant Women.

381.0045 Targeted outreach for pregnant women.—
(1) This section may be cited as the “Targeted Outreach for Pregnant Women Act of 1998.”
(2) It is the purpose of this section to establish a targeted outreach program for high-risk pregnant women who may not seek proper prenatal care, who suffer from substance abuse or mental health problems, or who have acquired human immunodeficiency virus (HIV), and to provide these women with links to much-needed services and information.
(3) The department shall:
(a) Conduct outreach programs through contracts with, grants to, or other working relationships with persons or entities where the target population is likely to be found.
(b) Provide outreach that is peer-based, culturally sensitive, and performed in a nonjudgmental manner.
(c) Encourage high-risk pregnant women of unknown status to be tested for HIV and other sexually transmissible diseases as specified by department rule.
(d) Educate women not receiving prenatal care as to the benefits of such care.
(e) Provide pregnant women who have HIV with information on the need for antiretroviral medication for their newborns, their medication options, and how they can access the medication after their discharge from the hospital.
(f) Link women with substance abuse treatment and mental health services, when available, and act as a liaison with Healthy Start coalitions, children’s medical services, Ryan White-funded providers, and other services of the Department of Health.
(g) Educate pregnant women who have HIV on the importance of engaging in and continuing HIV care.
(h) Provide continued oversight of any newborn exposed to HIV to determine the newborn’s final HIV status and ensure continued linkage to care if the newborn is diagnosed with HIV.
(4) The types of entities the department is encouraged to contract with, provide grants to, or enter into other working relationships with may include, but are not limited to, faith-based organizations, academic institutions, religious organizations, nonprofit community centers, and other social-services-related entities.
History.—s. 1, ch. 98-307; s. 18, ch. 2001-62; s. 1, ch. 2022-71.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.0046 - Statewide HIV and AIDS Prevention Campaign.

381.0046 Statewide HIV and AIDS prevention campaign.—
(1) The Department of Health shall develop and implement a statewide HIV and AIDS prevention campaign that is directed towards minorities who are at risk of HIV infection. The campaign shall include television, radio, and outdoor advertising; public service announcements; and peer-to-peer outreach. Each campaign message and concept shall be evaluated with members of the target group to ensure its effectiveness. The campaign shall provide information on the risk of HIV and AIDS infection and strategies to follow for prevention, early detection, and treatment. The campaign shall use culturally sensitive literature and educational materials and promote the development of individual skills for behavior modification.
(2) The Department of Health shall establish dedicated positions within the department for HIV and AIDS regional minority coordinators and a statewide HIV and AIDS minority coordinator. The coordinators shall facilitate statewide efforts to implement and coordinate HIV and AIDS prevention and treatment programs.
History.—s. 201, ch. 99-397; s. 47, ch. 2005-2; s. 22, ch. 2012-184.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.005 - Primary and Preventive Health Services.

381.005 Primary and preventive health services.—
(1) The department shall conduct a primary and preventive health care program as part of fulfilling its public health mission. This program shall include, but is not limited to:
(a) Acute and episodic care in accordance with chapter 154.
(b) Prenatal and postpartum care in accordance with chapters 154 and 383.
(c) Child health services in accordance with chapters 154 and 383.
(d) School health services in accordance with chapters 1003 and 1006.
(e) Dental health services in accordance with chapter 154 and this chapter.
(f) Nutrition services in accordance with chapter 154.
(g) Chronic diseases prevention in accordance with chapter 385.
(h) Family planning services in accordance with this chapter.
(i) Childhood immunizations.
(j) Health education and promotion.
(k) Regulation of the practice of midwifery.
(2) Between October 1, or earlier if the vaccination is available, and February 1 of each year, subject to the availability of an adequate supply of the necessary vaccine, each hospital licensed pursuant to chapter 395 shall implement a program to offer immunizations against the influenza virus and pneumococcal bacteria to all patients age 65 or older, in accordance with the recommendations of the Advisory Committee on Immunization Practices of the United States Centers for Disease Control and Prevention and subject to the clinical judgment of the responsible practitioner.
(3) The department may adopt, repeal, and amend rules related to the services discussed in this section.
History.—s. 18, ch. 91-297; s. 975, ch. 2002-387; s. 50, ch. 2004-350.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.0051 - Family Planning.

381.0051 Family planning.—
(1) SHORT TITLE.—This section shall be known as the “Comprehensive Family Planning Act.”
(2) ACCESS TO SERVICES; PROHIBITIONS.—Except as otherwise provided in this section, no medical agency or institution of this state or unit of local government shall interfere with the right of any patient or physician to use medically acceptable contraceptive procedures, supplies, or information or to restrict the physician-patient relationship.
(3) AUTHORITY AND POWERS.—
(a) The Department of Health shall implement a comprehensive family planning program which shall be designed to include, but not be limited to, the following:
1. Comprehensive family planning education and counseling programs.
2. Prescription for and provision of all medically recognized methods of contraception.
3. Medical evaluation, including cytological examination and other appropriate laboratory studies.
4. Treatment of physical complications other than pregnancy resulting from the use of contraceptive methods.
5. Provision of services at locations and times readily available to the population served.
6. Emphasis and stress on service to postpartum mothers.
(b) Services shall be available to all persons desirous of such services, subject to the provisions of this section, at a cost based on a fee schedule prepared and published by the Department of Health. Fees shall be based on the cost of service and ability to pay.
(4) MINORS; PROVISION OF MATERNAL HEALTH AND CONTRACEPTIVE INFORMATION AND SERVICES.—
(a) Maternal health and contraceptive information and services of a nonsurgical nature may be rendered to any minor by persons licensed to practice medicine under the provisions of chapter 458 or chapter 459, as well as by the Department of Health through its family planning program, provided the minor:
1. Is married;
2. Is a parent;
3. Is pregnant;
4. Has the consent of a parent or legal guardian; or
5. May, in the opinion of the physician, suffer probable health hazards if such services are not provided.
(b) Application of nonpermanent internal contraceptive devices shall not be deemed a surgical procedure.
(5) REFUSAL FOR RELIGIOUS OR MEDICAL REASONS.—The provisions of this section shall not be interpreted so as to prevent a physician or other person from refusing to furnish any contraceptive or family planning service, supplies, or information for medical or religious reasons; and the physician or other person shall not be held liable for such refusal.
(6) RULES.—The Department of Health may adopt rules to implement this section, including rules regarding definitions of terms and requirements for eligibility, informed-consent services, revisits, temporary contraceptive methods, voluntary sterilization, and infertility services.
History.—ss. 1, 2, 3, 4, 5, 6, ch. 72-132; s. 19, ch. 91-297; s. 37, ch. 97-101; s. 9, ch. 99-397; s. 5, ch. 2000-242; s. 23, ch. 2012-184.
Note.—Former s. 381.382.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.0052 - Dental Health.

381.0052 Dental health.—
(1) This section shall be known as the “Public Health Dental Program Act.”
(2) It is the intent of the Legislature to make available dental preventive and educational services to the citizens of the state and treatment services to indigent persons.
(3) The department shall implement a comprehensive dental program which shall be designed to include, but not be limited to:
(a) Comprehensive preventive and educational programs.
(b) Comprehensive treatment services, including diagnostic, basic restorative, surgical, pulpal therapy, prophylaxis, and limited prosthetic services.
(4) Services shall be available to eligible persons in accordance with eligibility criteria developed by the department. Fees for treatment shall be determined by the department.
History.—s. 20, ch. 91-297; s. 24, ch. 2012-184.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.0053 - Comprehensive Nutrition Program.

381.0053 Comprehensive nutrition program.—
(1) It is the intent of the Legislature to make available nutrition information to promote health and prevent disease for the citizens of the state and to provide nutrition assessment and diet counseling services to improve the nutritional status of indigent persons.
(2) The department shall implement a comprehensive nutrition program which shall include, but not be limited to, the following:
(a) Nutritional assessment and diet counseling for persons with nutritional risk factors who are provided health services through public health programs.
(b) Nutrition education to promote optimum health of the citizens of the state.
(c) Consultative nutrition services to group care facilities that promote the provision of safe and nutritionally adequate diets.
(3) Services shall be available to eligible persons in accordance with eligibility criteria adopted by the department. Fees for services shall be developed by the department.
History.—s. 66, ch. 91-297; s. 25, ch. 2012-184.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.0055 - Confidentiality and Quality Assurance Activities.

381.0055 Confidentiality and quality assurance activities.—
(1) All information which is confidential by operation of law and which is obtained by the Department of Health, a county health department, healthy start coalition, or certified rural health network, or a panel or committee assembled by the department, a county health department, healthy start coalition, or certified rural health network pursuant to this section, shall retain its confidential status and be exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(2) All information which is confidential by operation of law and which is obtained by a hospital or health care provider from the department, a county health department, healthy start coalition, or certified rural health network, or a panel or committee assembled by the department, a county health department, healthy start coalition, or certified rural health network pursuant to this section, shall retain its confidential status and be exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(3) Portions of meetings, proceedings, reports, and records of the department, a county health department, healthy start coalition, or certified rural health network, or a panel or committee assembled by the department, a county health department, healthy start coalition, or certified rural health network pursuant to this section, which relate solely to patient care quality assurance and where specific persons or incidents are discussed are confidential and exempt from the provisions of s. 286.011, and s. 24(b), Art. I of the State Constitution and are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution, respectively.
History.—s. 7, ch. 94-260; s. 187, ch. 96-406; s. 178, ch. 97-101; s. 19, ch. 97-237.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.0059 - Background Screening Requirements for School Health Services Personnel.

381.0059 Background screening requirements for school health services personnel.—
(1) Pursuant to the provisions of chapter 435, any person who provides services under a school health services plan pursuant to s. 381.0056 must meet level 2 screening requirements as described in s. 435.04. A person may satisfy the requirements of this subsection by submitting proof of compliance with the requirements of level 2 screening conducted within 12 months before the date that person initially provides services under a school health services plan.
(2) A person may provide services under a school health services plan pursuant to s. 381.0056 prior to the completion of level 2 screening. However, pending the results of the screening, such person may not be alone with a minor.
(3) As provided in s. 435.07, the Department of Health may grant an exemption from disqualification to provide services under a school health services plan pursuant to s. 381.0056.
(4) Under penalty of perjury, each person who provides services under a school health plan pursuant to s. 381.0056 must attest to meeting the level 2 screening requirements for participation under the plan and agree to inform his or her employer immediately if convicted of any disqualifying offense while providing services under a plan.
(5) As used in this section, the term “person who provides services under a school health services plan” includes unpaid volunteers, except for an unpaid volunteer who lectures students in group settings on health education topics.
History.—s. 2, ch. 99-214; s. 58, ch. 2000-349; s. 10, ch. 2000-367; s. 6, ch. 2001-53; s. 38, ch. 2004-267.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.00591 - Department of Health; National Environmental Laboratory Accreditation; Application.

381.00591 Department of Health; National Environmental Laboratory accreditation; application.—The Department of Health may apply for and become a National Environmental Laboratory Accreditation Program accreditation body.
History.—s. 54, ch. 99-397; s. 29, ch. 2012-184.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.0061 - Administrative Fines.

381.0061 Administrative fines.—
(1) In addition to any administrative action authorized by chapter 120 or by other law, the department may impose a fine, which may not exceed $500 for each violation, for a violation of s. 381.006(15), s. 381.0065, s. 381.0066, s. 381.0072, or part III of chapter 489, for a violation of any rule adopted under this chapter, or for a violation of chapter 386. Notice of intent to impose such fine shall be given by the department to the alleged violator. Each day that a violation continues may constitute a separate violation.
(2) In determining the amount of fine to be imposed, if any, for a violation, the following factors shall be considered:
(a) The gravity of the violation, including the probability that death or serious physical or emotional harm to any person will result or has resulted, the severity of the actual or potential harm, and the extent to which the provisions of the applicable statutes or rules were violated.
(b) Actions taken by the owner or operator to correct violations.
(c) Any previous violations.
(3) All amounts collected under this section shall be deposited into an appropriate trust fund of the department.
History.—s. 4, ch. 80-351; s. 2, ch. 85-300; s. 13, ch. 89-324; s. 22, ch. 91-297; s. 7, ch. 92-180; s. 11, ch. 99-397; s. 41, ch. 2020-150.
Note.—Former s. 381.112.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.0063 - Drinking Water Funds.

381.0063 Drinking water funds.—All fees and penalties received from suppliers of water pursuant to ss. 403.860(5) and 403.861(7)(a) shall be deposited in the appropriate County Health Department Trust Fund to be used by the department to pay the costs of expenditures required pursuant to ss. 381.0062 and 403.862(1)(c).
History.—s. 69, ch. 90-331; s. 24, ch. 91-297; s. 21, ch. 91-305; s. 38, ch. 97-101; s. 45, ch. 2009-21.
Note.—Former s. 381.2615.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.0064 - Continuing Education Program for Installation and Use of Onsite Sewage Treatment and Disposal Systems.

381.0064 Continuing education program for installation and use of onsite sewage treatment and disposal systems.—
(1) The Department of Environmental Protection shall establish a program for continuing education which meets the purposes of ss. 381.0101 and 489.554 regarding the public health and environmental effects of onsite sewage treatment and disposal systems and any other matters the department determines desirable for the safe installation and use of onsite sewage treatment and disposal systems. The department may charge a fee to cover the cost of such program.
(2) The department shall by rule establish criteria for the approval of continuing education courses and providers, including requirements relating to the content of courses and standards for approval of providers, and may by rule establish criteria for accepting alternative nonclassroom continuing education on an hour-for-hour basis.
(3) Septic tank contractors and master septic tank contractors registered under part III of chapter 489 shall meet the continuing education requirements set forth in s. 489.554.
History.—ss. 1, 2, 3, ch. 85-314; s. 59, ch. 91-224; s. 25, ch. 91-297; s. 5, ch. 93-151; s. 9, ch. 96-303; s. 180, ch. 97-101; s. 1, ch. 98-420; s. 42, ch. 2020-150.
Note.—Former s. 381.262.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.0067 - Corrective Orders; Private and Certain Public Water Systems and Onsite Sewage Treatment and Disposal Systems.

381.0067 Corrective orders; private and certain public water systems and onsite sewage treatment and disposal systems.—When the department or its agents, through investigation, find that any private water system, public water system not covered or included in the Florida Safe Drinking Water Act (part VI of chapter 403), or onsite sewage treatment and disposal system constitutes a nuisance or menace to the public health or significantly degrades the groundwater or surface water, the department or its agents may issue an order requiring the owner to correct the improper condition. If the improper condition relates to the drainfield of an onsite sewage treatment and disposal system, the department or its agents may issue an order requiring the owner to repair or replace the drainfield. If an onsite sewage treatment and disposal system has failed, the department or its agents shall issue an order requiring the owner to replace the system. For purposes of this section, an onsite sewage treatment and disposal system has failed if the operation of the system constitutes a nuisance or menace to the public health or significantly degrades the groundwater or surface water and the system cannot be repaired.
History.—s. 2, ch. 29834, 1955; ss. 19, 35, ch. 69-106; s. 74, ch. 77-147; s. 17, ch. 77-337; s. 28, ch. 91-297; s. 6, ch. 93-151; s. 6, ch. 2006-252.
Note.—Former s. 381.291.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.00771 - Definitions of Terms Used in Ss. 381.00771-381.00791.

381.00771 Definitions of terms used in ss. 381.00771-381.00791.—As used in ss. 381.00771-381.00791, the term:
(1) “Active license or registration” means a current license or registration issued by the department that is not suspended or revoked.
(2) “Department” means the Department of Health.
(3) “Guest tattoo artist” means a person who is licensed, registered, or certified to practice tattooing in a jurisdiction outside of this state who is registered with the department to practice tattooing in this state.
(4) “Operator” means a person designated by a tattoo establishment or temporary establishment to control the operation of the establishment.
(5) “Stop-use order” means a written notice from the department to a licensee or registrant requiring him or her to remove any tattooing equipment or supplies, or cease conducting any particular procedures, because the equipment or supplies are not being used or the procedures are not being conducted in accordance with ss. 381.00771-381.00791 or any rule adopted under those sections.
(6) “Tattoo” means a mark or design made on or under the skin of a human being by a process of piercing and ingraining a pigment, dye, or ink in the skin.
(7) “Tattoo artist” means a person licensed under ss. 381.00771-381.00791 to practice tattooing.
(8) “Tattoo establishment” means any permanent location, place, area, structure, or business where tattooing is performed.
(9) “Temporary establishment” means any location, place, area, or structure where tattooing is performed during, and in conjunction with, a convention or other similar event that does not exceed 14 consecutive days.
History.—s. 1, ch. 2010-220.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.00773 - Application of Ss. 381.00771-381.00791; Exemption.

381.00773 Application of ss. 381.00771-381.00791; exemption.—
(1) Except for s. 381.00787, which applies to all persons, ss. 381.00771-381.00791 do not apply to a person licensed to practice medicine or dentistry under chapter 458, chapter 459, or chapter 466 who performs tattooing exclusively for medical or dental purposes.
(2) Sections 381.00771-381.00791 apply exclusively to the tattooing of human beings and do not apply to the tattooing of any animal.
History.—s. 2, ch. 2010-220.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.00777 - Tattoo Establishments; Licensure; Temporary Establishments.

381.00777 Tattoo establishments; licensure; temporary establishments.—
(1)(a) Except as provided in s. 381.00773, a person may not tattoo the body of any human being in this state except at a tattoo establishment or temporary establishment licensed under this section.
(b) A person may not operate a tattoo establishment or temporary establishment in this state unless the establishment is licensed under this section.
(2) A person seeking licensure of a tattoo establishment must apply to the department in the format prescribed by the department. An application must include:
(a) The registered business name, including any fictitious names under which the tattoo establishment conducts business in the state.
(b) The street address and telephone number of the tattoo establishment.
(c) The name, mailing address, and telephone number of the tattoo establishment’s operator.
(d) The name and address of the tattoo establishment’s registered agent for service of process in the state.
(3) The department shall issue a tattoo establishment license to an applicant, if:
(a) The applicant submits a completed application.
(b) The applicant pays the applicable license fee established in s. 381.00781.
(c) The establishment complies with all applicable local building, occupational, zoning, and health codes.
(4) A temporary establishment must meet the same requirements for licensure as a permanent tattoo establishment.
(5)(a) A license is valid only for the location listed on the license. A tattoo establishment must notify the department in the format prescribed by the department before any change of the licensed location. A tattoo establishment with more than one location must obtain a separate license for each location.
(b) A tattoo establishment license is valid for 1 year and must be renewed annually.
(c) A temporary establishment license is valid for the duration of a convention or other similar event for which the license is issued not to exceed 14 consecutive days.
(6) A license issued by the department under this section is not transferable.
History.—s. 4, ch. 2010-220.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.00779 - Practice Requirements.

381.00779 Practice requirements.—
(1) A tattoo establishment or temporary establishment must:
(a) Display an active license for the establishment in a manner that is easily visible to the public at all times while tattooing is performed at the establishment.
(b) Ensure that each tattoo artist and guest tattoo artist, while practicing tattooing at the establishment, meets all applicable requirements of ss. 381.00771-381.00791.
(c) Maintain sanitary conditions of the establishment at all times.
(d) Comply with all state and local health codes and ordinances.
(e) Allow the department to inspect the establishment pursuant to subsection (4).
(f) Comply with s. 381.0098 and rules adopted under that section.
(2) A tattoo artist or guest tattoo artist must:
(a) Display his or her active license in a manner that is easily visible to the public at all times while practicing tattooing.
(b) Practice tattooing exclusively at an establishment licensed under ss. 381.00771-381.00791.
(c) Maintain sanitary conditions of the establishment at all times.
(d) Comply with all state and local health codes and ordinances.
(3) A tattoo artist or guest tattoo artist may tattoo the body of a minor child only to the extent authorized in s. 381.00787. A tattoo establishment or temporary establishment must keep, for the period prescribed by the department, each written notarized consent submitted under s. 381.00787(2)(c) by the parent or legal guardian of a minor child who is tattooed at the establishment.
(4) The department may inspect and investigate each tattoo establishment and temporary establishment as necessary to ensure compliance with ss. 381.00771-381.00791. However, the department shall inspect each tattoo establishment at least annually and shall inspect each temporary establishment before and, as necessary, during a convention or similar event with which the establishment is connected.
History.—s. 5, ch. 2010-220.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.00781 - Fees; Disposition.

381.00781 Fees; disposition.—The department shall establish by rule the following fees:
(1) For the initial licensure of a tattoo establishment and the renewal of such license, a fee not to exceed $250 per year.
(2) For licensure of a temporary establishment, a fee not to exceed $250.
(3) For the initial licensure of a tattoo artist and the renewal of such license, a fee not to exceed $150 per year.
(4) For registration or reregistration of a guest tattoo artist, a fee not to exceed $45.
(5) For reactivation of an inactive tattoo establishment license or tattoo artist license. A license becomes inactive if it is not renewed before the expiration of the current license.
History.—s. 6, ch. 2010-220; s. 38, ch. 2012-184.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.00783 - Grounds for Discipline; Administrative Penalties.

381.00783 Grounds for discipline; administrative penalties.—
(1) The following acts constitute grounds for which disciplinary action specified in subsection (2) may be taken by the department against any tattoo establishment, temporary establishment, tattoo artist, guest tattoo artist, operator of a tattoo establishment, or unlicensed person engaged in activities regulated under ss. 381.00771-381.00791:
(a) Providing false information on an application for licensure or registration.
(b) Violating a state or local health code or ordinance.
(c) Violating any provision of ss. 381.00771-381.00791, rule adopted under those sections, or lawful order of the department.
(d) Being found guilty of or pleading nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of tattooing or the operation of a tattoo establishment or temporary establishment.
(e) Committing fraud, deceit, negligence, or misconduct in the practice of tattooing or the operation of a tattoo establishment or temporary establishment.
(f) Aiding, procuring, or assisting a person to unlawfully practice tattooing or unlawfully operate a tattoo establishment or temporary establishment.
(g) Failing to keep the written notarized consent of the parent or legal guardian of a minor child who is tattooed at a tattoo establishment or temporary establishment for the period specified pursuant to s. 381.00779(3) or knowingly making false entries in a parent’s or legal guardian’s written notarized consent.
(2) When the department determines that a person commits any of the acts set forth in subsection (1), the department may enter an order imposing one or more of the following penalties:
(a) Refusal to issue a license or registration or renew a license.
(b) Suspension or revocation of a license or registration.
(c) Imposition of an administrative fine not to exceed $1,500 for each count or separate violation.
(d) Issuance of a reprimand.
(e) Placement of the licensee or registrant on probation for a specified period and subject to the conditions that the department may specify.
(f) Issuance of a stop-use order.
(g) Corrective action.
(3) The department shall impose stricter penalties for the repetition of violations and as the severity of violations escalate, distinguishing lesser violations from those that endanger the public health.
(4) Disciplinary proceedings shall be conducted as provided in chapter 120.
History.—s. 7, ch. 2010-220.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.00785 - Criminal Penalties.

381.00785 Criminal penalties.—
(1) A person may not:
(a) Operate a tattoo establishment or temporary establishment in this state without a license.
(b) Practice tattooing in this state without a tattoo artist license or guest tattoo artist registration, except as provided in s. 381.00773.
(c) Practice tattooing in this state at any place other than a tattoo establishment or temporary establishment, except as provided in s. 381.00773.
(d) Obtain or attempt to obtain a license or registration by means of fraud, misrepresentation, or concealment.
(2) A person who violates this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 8, ch. 2010-220.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.00787 - Tattooing Prohibited; Penalty.

381.00787 Tattooing prohibited; penalty.—
(1) A person may not tattoo the body of a minor child younger than 16 years of age unless the tattooing is performed for medical or dental purposes by a person licensed to practice medicine or dentistry under chapter 458, chapter 459, or chapter 466.
(2) A person may not tattoo the body of a minor child who is at least 16 years of age, but younger than 18 years of age, unless:
(a) The minor child is accompanied by his or her parent or legal guardian;
(b) The minor child and his or her parent or legal guardian each submit proof of his or her identity by producing a government-issued photo identification;
(c) The parent or legal guardian submits his or her written notarized consent in the format prescribed by the department;
(d) The parent or legal guardian submits proof that he or she is the parent or legal guardian of the minor child; and
(e) The tattooing is performed by a tattoo artist or guest tattoo artist licensed under ss. 381.00771-381.00791 or a person licensed to practice medicine or dentistry under chapter 458, chapter 459, or chapter 466.
(3) A person who violates this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. However, a person who tattoos the body of a minor child younger than 18 years of age does not violate this section, if:
(a) The person carefully inspects what appears to be a government-issued photo identification that represents that the minor child is 18 years of age or older.
(b) The minor child falsely represents himself or herself as being 18 years of age or older and presents a fraudulent identification.
(c) A reasonable person of average intelligence would believe that the minor child is 18 years of age or older and that the photo identification is genuine, was issued to the minor child, and truthfully represents the minor child’s age.
History.—ss. 1, 2, ch. 59-439; s. 1, ch. 69-118; s. 1148, ch. 71-136; s. 1, ch. 77-174; s. 124, ch. 92-149; s. 23, ch. 93-260; s. 1426, ch. 97-102; s. 9, ch. 2010-220.
Note.—Former s. 877.04.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.00789 - Rulemaking.

381.00789 Rulemaking.—The department shall adopt rules to administer ss. 381.00771-381.00791. Such rules may include, but are not limited to, rules defining terms; prescribing educational requirements for tattoo artists and guest tattoo artists, health and safety requirements, sanitation practices, and sterilization requirements and procedures; and providing requirements for tattoo equipment, customer notification, the contents of customer records, the retention of records, and physical plants. The department shall consult with representatives of the tattooing industry in this state during the development of such rules.
History.—s. 10, ch. 2010-220.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.00791 - Local Laws and Ordinances.

381.00791 Local laws and ordinances.—Sections 381.00771-381.00791 do not preempt any local law or ordinance of a county or municipality that imposes regulations on tattoo establishments, temporary establishments, tattoo artists, or the practice of tattooing which are in addition to those sections.
History.—s. 11, ch. 2010-220.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.0082 - Application for Permit to Operate Migrant Labor Camp or Residential Migrant Housing.

381.0082 Application for permit to operate migrant labor camp or residential migrant housing.—Application for a permit to establish, operate, or maintain a migrant labor camp or residential migrant housing must be made to the department in writing on a form and under rules prescribed by the department. The application must state the location of the existing or proposed migrant labor camp or residential migrant housing; the approximate number of persons to be accommodated; the probable duration of use, and any other information the department requires.
History.—s. 3, ch. 59-476; ss. 19, 35, ch. 69-106; s. 3, ch. 76-168; s. 86, ch. 77-147; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 3, 9, 10, ch. 83-249; s. 34, ch. 91-297; ss. 4, 15, ch. 93-133.
Note.—Former s. 381.442.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.0083 - Permit for Migrant Labor Camp or Residential Migrant Housing.

381.0083 Permit for migrant labor camp or residential migrant housing.—Any person who is planning to construct, enlarge, remodel, use, or occupy a migrant labor camp or residential migrant housing or convert property for use as a migrant labor camp or residential migrant housing must give written notice to the department of the intent to do so at least 45 days before beginning such construction, enlargement, or renovation. If the department is satisfied, after causing an inspection to be made, that the camp or the residential migrant housing meets the minimum standards of construction, sanitation, equipment, and operation required by rules issued under s. 381.0086 and that the applicant has paid the application fees required by s. 381.0084, it shall issue in the name of the department the necessary permit in writing on a form to be prescribed by the department. The permit, unless sooner revoked, shall expire on September 30 next after the date of issuance, and it shall not be transferable. An application for a permit shall be filed with the department 30 days prior to operation. When there is a change in ownership of a currently permitted migrant labor camp or residential migrant housing, the new owner must file an application with the department at least 15 days before the change. In the case of a facility owned or operated by a public housing authority, an annual satisfactory sanitation inspection of the living units by the Farmers Home Administration or the Department of Housing and Urban Development shall substitute for the pre-permitting inspection required by the department.
History.—s. 4, ch. 59-476; ss. 19, 35, ch. 69-106; s. 3, ch. 76-168; s. 87, ch. 77-147; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 5, 9, 10, ch. 83-249; s. 35, ch. 91-297; ss. 5, 15, ch. 93-133; s. 10, ch. 98-151.
Note.—Former s. 381.452.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.0084 - Application Fees for Migrant Labor Camps and Residential Migrant Housing.

381.0084 Application fees for migrant labor camps and residential migrant housing.—
(1) Each migrant labor camp operator or owner of residential migrant housing who is subject to s. 381.0081 shall pay to the department the following annual application fees:
(a) Camps or residential migrant housing that have capacity for 5 to 50 occupants: $125.
(b) Camps or residential migrant housing that have capacity for 51 to 100 occupants: $225.
(c) Camps or residential migrant housing that have capacity for 101 or more occupants: $500.
(2) The department shall deposit fees collected under this section in the County Health Department Trust Fund for use in the migrant labor camp program and shall use those fees solely for actual costs incurred in enforcing ss. 381.008-381.00895.
(3) Any existing migrant labor camp or residential migrant housing that is substantially renovated or newly constructed is exempt from the annual application fee described in this section for the next annual permit after the renovations or construction occurred.
(4) Any existing migrant labor camp or residential migrant housing that, during any permit year, has no major deficiencies cited by the department, no uncorrected deficiencies, and no administrative action taken against it is exempt from the annual application fee described in this section for the next annual permit period.
History.—ss. 4, 10, ch. 83-249; s. 36, ch. 91-297; ss. 6, 15, ch. 93-133; s. 41, ch. 97-101.
Note.—Former s. 381.455.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 381 - Public Health: General Provisions › 381.0085 - Revocation of Permit to Operate Migrant Labor Camp or Residential Migrant Housing.

381.0085 Revocation of permit to operate migrant labor camp or residential migrant housing.—The department may revoke a permit authorizing the operation of a migrant labor camp or residential migrant housing if it finds the holder has failed to comply with any provision of this law or any rule adopted hereunder. To reinstate a permit for migrant labor camp or residential migrant housing from which a permit has been revoked, the operator shall submit another application with the appropriate fee and satisfy the department that he or she is in compliance with all applicable rules.
History.—s. 5, ch. 59-476; ss. 19, 35, ch. 69-106; s. 3, ch. 76-168; s. 88, ch. 77-147; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 6, 9, 10, ch. 83-249; s. 37, ch. 91-297; s. 15, ch. 93-133; s. 652, ch. 95-148.
Note.—Former s. 381.462.