Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-30 - DISCIPLINARY GUIDELINES › Section 61G5-30.001 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) The Board shall
				act in accordance with the following guidelines when it finds the enumerated
				violations in disciplinary cases. The Board shall impose a penalty within the
				range of each applicable disciplinary violation set forth below unless the
				Board finds one or more aggravating or mitigating circumstances, in which case
				the Board may deviate from the guideline penalty. A penalty shall be imposed
				for each separate violation and/or offense. The penalty range indicated is for
				a single offense. A second or subsequent offense refers to a violation in which
				prior action has been taken by the Department either in the form of a citation,
				as set forth in Section
				455.224, F.S., and Rule
				61G5-30.004, F.A.C., or as prior
				discipline before the Board. Refer to the statutory and rule citations for a
				full description of each violation.
(2) VIOLATION
PENALTY RANGE
For first and subsequent offenses unless otherwise
							 indicated.
(a) A person without an active license or
							 registration who engages in the practice of, or holds oneself out to practice,
							 cosmetology or a specialty.
(Section
							 477.0265(1)(a)
							 or 477.029(1)(a),
							 F.S.)
1. For a person who was never licensed or otherwise
							 authorized to practice, or whose license or registration has been revoked, a
							 fine of $500.
2. For a licensee or registrant who fails to properly
							 renew and continues to provide services, a fine of $100 for every month or
							 partial month during which the individual was delinquent, unlicensed, or
							 unregistered, up to a maximum of $500. A second delinquent offense shall
							 include suspension for 60 days upon renewal, and a third offense shall include
							 suspension for 90 days upon renewal, revocation, or denial of license.
3. For a person who provides services with a
							 suspended license or registration, a fine of $500. A second offense shall
							 include a consecutive suspension for up to 90 days. A third offense shall
							 include a consecutive suspension for up to one year and/or revocation.
(b) Operating an unlicensed salon or a salon
							 otherwise not duly licensed; salon operating without a license.
(Section 477.0265(1)(b)1.,
							 477.029(1)(b),
							 or 477.025(1),
							 F.S.)
1. For a salon that has never been licensed, or for
							 which the salon license has been suspended or revoked, a fine of $500.
2. For a salon in which the license which has become
							 delinquent, a fine of $100 for every month or partial month of delinquency
							 during which the salon has operated, up to a maximum of $500.
3. For a salon operating on a suspended license, a
							 fine of $500 and/or a consecutive suspension for up to 60 days. A second or
							 subsequent violation shall include suspension for up to one year or
							 revocation.
4. For a salon operating on a revoked license: A fine
							 of $500 and/or refusal to certify to the department an application for
							 licensure.
(c) A licensed salon or a person operating a salon
							 that permits a person without a license or registration, unless exempt, to
							 perform cosmetology or specialty services in the salon.
(Section 477.0265(1)(b)2., F.S., or Rule
							 61G5-20.001, F.A.C.)
1. For a violation involving a person providing
							 services who was never licensed or registered in Florida, or whose license or
							 registration has been suspended or revoked, a fine of $500. The second and
							 subsequent offenses shall include salon suspension for up to 60 days or
							 revocation.
2. For a violation involving a person providing
							 services who failed to properly renew or whose exemption has terminated, a fine
							 of $100 for every month or partial month during which the violation took place,
							 up to a maximum of $500.
(d) A salon that permits an employee without a valid,
							 active license or registration to practice cosmetology or a specialty.
(Section
							 477.0265(1)(c)
							 or 477.029(1)(c),
							 F.S.)
1. For employing a person who was never licensed or
							 registered in Florida, whose license is suspended or revoked, or who is not
							 exempt, a fine of $500. A second offense shall include suspension for up to 60
							 days. A third offense shall include suspension for up to one year or
							 revocation.
2. For employing a person who failed to properly
							 renew or whose exemption has terminated, a fine of $100 for every month or
							 partial month during which the person was employed, up to a maximum of $500. A
							 second offense shall include suspension for up to 60 days. A third offense
							 shall include suspension for up to one year or revocation.
(e) A person or salon who obtains or attempts to
							 obtain a license or registration for money, other than the required fee, or any
							 other thing of value or by fraud, fraudulent misrepresentation, or the use of
							 false or forged information.
(Section
							 477.0265(1)(d),
							 477.028(1),
							 477.028(2), or
							 477.029(1)(e),
							 F.S.)
A fine of $500 and revocation of, or refusal to
							 certify to the department an application for, a salon or cosmetology license or
							 specialty registration.
(f) A person who uses or attempts to use a suspended
							 or revoked cosmetology license or specialty registration to practice
							 cosmetology or a specialty.
(Section
							 477.0265(1)(e)
							 or 477.029(1)(g),
							 F.S.)
1. Suspended license: A fine of $500 and/or a
							 consecutive suspension for up to one additional year of a cosmetology license
							 or specialty registration, and/or revocation for a third or subsequent
							 offense.
2. Revoked license: A fine of $500 and/or refusal to
							 certify to the department an application for licensure to practice the same
							 profession.
(g) A person who advertises or implies that skin care
							 services are related to massage therapy, except as allowed by statute.
(Section
							 477.0265(1)(f),
							 F.S.)
A fine of $250 for the first offense; a fine of $500
							 for subsequent offenses.
(h) Use or possess a product containing a liquid nail
							 monomer containing any trace of methyl methacrylate (MMA).
(Section
							 477.0265(1)(g),
							 F.S.)
1. A fine of $500 for the first salon offense and
							 reinspection of the premises within two weeks of the issuance of the Final
							 Order.
For a second salon offenses, a fine of $500 and
							 suspension for up to 60 days with a reinspection of the premises prior to
							 reinstatement of the license. For a third or subsequent salon offense, a fine
							 of $500 and suspension for up to 90 days with a reinspection of the premises
							 prior to reinstatement of the license, and/or revocation.
2. A fine of $500 for an individual offense.
(i) Violate or refuse to comply with an Order of the
							 Board or the Department.
(Section
							 477.029(1)(i),
							 F.S.)
A fine of $500 and compliance within 30 days or
							 within a time set by the Board.
(j) A person or salon guilty of fraud, deceit, gross
							 negligence, incompetency, or misconduct in the practice or instruction of
							 cosmetology or a specialty, or in operation of the salon.
(Section
							 477.028(1)(b)
							 or 477.028(2)(b),
							 F.S.)
1. For Fraud or Deceit -
A fine of $500 and suspension for up to two years
							 and/or revocation of the salon or cosmetology license or specialty
							 registration, or refusal to certify to the department an application for
							 licensure to practice the same profession.
2. For Gross Negligence -
A fine of $500 and suspension followed by supervised
							 probation as determined by the Board, or revocation of the salon or cosmetology
							 license, or specialty registration, or refusal to certify to the department an
							 application for licensure to practice the same profession.
3. For Incompetency or Misconduct -
For the first offense, a fine of $250 to $500 for the
							 holder of a cosmetology license or specialty registration, and/or the owner of
							 the salon, and the Board shall specify up to 6 hours of continuing education in
							 addition to any other continuing education requirement.
For subsequent offenses, a fine of $500 and
							 suspension or revocation and/or refusal to certify to the department an
							 application for licensure to practice the same profession.
(k) A cosmetology or salon license or specialty
							 registration holder is guilty of aiding, assisting, procuring, or advising any
							 unlicensed person to practice as a cosmetologist.
(Section
							 477.028(1)(c),
							 F.S.)
A fine of $500 for the first offense. A fine of $500
							 and/or suspension for up to one year or revocation of salon license,
							 cosmetology license, or specialty registration for a subsequent offense.
(l) Person who presents the license of another as his
							 or her own license.
(Section
							 477.029(1)(d),
							 F.S.)
A fine of $500 and a reprimand for the first offense.
							 A fine of $500 for subsequent offenses and/or suspension or revocation, or
							 refusal to certify to the department an application for licensure.
(m) A person who impersonates any other licenseholder
							 of like or different name.
(Section
							 477.029(1)(f),
							 F.S.)
A fine of $500 and a six month suspension of any
							 other license or registration held pursuant to Chapter 477, F.S., and/or
							 refusal to certify to the department an application for licensure to practice
							 the same profession.
(n) Failure to meet or maintain salon facility
							 safety, sanitary, building code, or fire code requirements.
(Paragraphs
							 61G5-20.002(2)(c),
							 (d), F.A.C.)
A fine of $100 to $500 and compliance within 60 days
							 with reinspection; suspension of salon license upon failure to timely comply
							 with facility requirements.
(o) Failure to meet minimum salon requirements for
							 cleanliness, disinfection procedures, and log book.
(Subsections
							 61G5-20.002(3),
							 (6) F.A.C.)
A fine of $100 per violation for up to three
							 violations. A fine of $500 for four or more violations and suspension of the
							 license pending successful reinspection prior to reinstatement of the
							 license.
(p) Salon operated in the same licensed space
							 allocation with any other business; lack of permanent wall separating
							 salon.
(Subsection
							 61G5-20.002(4),
							 F.A.C.)
Suspension of salon license until compliant as
							 evidenced by successful reinspection prior to reinstatement of the
							 license.
(q) Failure of a full or specialty salon to provide
							 adequate floor space for services.
(Subsection
							 61G5-20.002(5),
							 F.A.C.)
A fine of $100 for each individual noncompliant
							 service area up to a maximum of $500 per inspection, with reinspection in two
							 weeks; suspension until compliant after reinspection if not timely
							 compliant.
(r) Person or salon violation of required display of
							 licenses, inspection sheets, and/or consumer notices.
(Rule
							 61G5-20.004, F.A.C.)
A fine of $100 for each violation for the first
							 offense; for subsequent offenses, a fine of $250 for each violation up to a
							 maximum of $500.
(s) Practicing beyond the scope of a cosmetology
							 license or specialty registration as set forth in Chapter 477, F.S. or the
							 rules adopted thereto.
(Section
							 455.227(1)(o),
							 F.S.)
A fine of $500 and/or suspension for up to six months
							 for the first offense. For the second offense, a fine of $500 and/or suspension
							 for up to one year. For a third or subsequent offense, a fine of $500 and
							 suspension for one year and/or revocation of the license or registration under
							 which the violation occurred.
(t) Being convicted or found guilty of, or entering a
							 plea of guilty or nolo contendere to, regardless of adjudication, a crime in
							 any jurisdiction which relates to the practice of, or the ability to practice,
							 a licensee's profession.
(Section
							 455.227(1)(c),
							 F.S.)
A fine of $500 and/or revocation for the first or
							 second offense. For a subsequent offense, a fine of $500 and/or suspension for
							 up to six months of a salon or cosmetology license or specialist registration
							 and/or revocation.
(u) Failing to report in writing to the board within
							 30 days after the licensee is convicted or found guilty of, or entered a plea
							 of nolo contendere or guilty to, regardless of adjudication, a crime in any
							 jurisdiction.
(Section
							 455.227(1)(t),
							 F.S.)
A fine of $100 for the first offense. For a second
							 failure to report, a fine of $300. A fine of $500 for each subsequent failure
							 to report.
(v) Failing to report to the department any person
							 who the licensee knows is in violation of the laws and rules of the department
							 or the board.
(Section
							 455.227(1)(i),
							 F.S.)
A fine of $500 for the first failure to report. For a
							 second or subsequent failure to report, a fine of $500 and/or suspension of a
							 salon, cosmetology, or specialist license or registration for up to six
							 months.
(w) Improperly interfering with an investigation or
							 inspection authorized by statute, or with any disciplinary proceeding.
(Section
							 455.227(1)(r),
							 F.S.)
A fine of $500 and/or suspension for up to six months
							 for the first or second offense. For subsequent offenses including up to
							 revocation.
(x) Violate or refuse to comply with any provision of
							 Chapter 455, F.S., except as otherwise provided herein.
(Section
							 477.029(1)(i),
							 F.S.)
A fine of $500 and/or suspension, revocation, or
							 refusal to certify to the department for licensure.
(y) Violate or refuse to comply with any provision of
							 Chapter 477, F.S., or a rule of the Board except as otherwise provided
							 herein.
(Section
							 477.029(1)(i),
							 F.S.)
A fine of $300 for the first violation. A fine of
							 $500 and/or suspension for up to 30 days for any subsequent violation. A fine
							 of $500 and/or suspension or revocation of license or registration for a third
							 or subsequent violation.
(3)
				Based upon consideration of the following factors, the Board may impose
				disciplinary action other than the penalties recommended above:
(a) The danger to the public;
(b) The length of time since date of
				violation;
(c) The number of prior
				complaints filed against the licensee;
(d) The length of time licensee or registrant
				has practiced;
(e) The actual
				damage, physical or otherwise, caused by the violation;
(f) The deterrent effect of the penalty
				imposed;
(g) The effect of the
				penalty upon the licensee's or registrant's livelihood;
(h) Any efforts for rehabilitation;
(i) The actual knowledge of the licensee or
				registrant pertaining to the violation;
(j) Attempts by licensee or registrant to
				correct or stop violations or refusal by licensee or registrant to correct or
				stop violations;
(k) Related
				violations against a licensee or registrant in another state including findings
				of guilt or innocence, penalties imposed and penalties served;
(l) Actual negligence of the licensee or
				registrant pertaining to any violations;
(m) Penalties imposed for related offenses
				under subsection (2), above;