reglab/statecodes huggingface dataset:
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-21 - CONSTRUCTION INDUSTRIES RECOVERY FUND › Section 61G4-21.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "All reasonable searches and inquiries, "
				as provided in Section
				489.141(1),
				F.S., shall mean that reasonable efforts have been made to determine whether
				the contractor possesses any property or assets with which to satisfy the
				underlying judgment, order of restitution, or award in arbitration, in whole or
				in part, and that no such property or assets have been identified or located.
				Reasonable searches and inquiries can be evidenced by documentation of the
				following claimant's efforts:
(a) To locate
				the contractor;
(b) To discover if
				the contractor has assets from which to collect the judgment such as accounts
				and real or personal property and equipment;
(c) To collect against any applicable bond
				issued with the contractor as the principal and that is payable to the
				claimant; and,
(d) To file a
				garnishment against the contractor when the action is financially feasible
				under the circumstances.
Such documentation means proof from the claimant that the
				  claimant has conducted a property records search in the licensee's state(s) of
				  residence and principal place of business, and has made inquiries with the
				  Department of Highway Safety and Motor Vehicles, and such other proof as the
				  Construction Industry Licensing Board may from time to time require in
				  particular instances. For claims seeking $15, 000 or less, evidence that the
				  contractor's license is suspended due to nonpayment of ordered restitution or
				  fines; or evidence of a Final Order of the Board showing that the contractor
				  was prosecuted for nonpayment of a civil judgment will satisfy the requirement
				  for all reasonable searches and inquiries.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-21 - CONSTRUCTION INDUSTRIES RECOVERY FUND › Section 61G4-21.003 - Filing Claims

Current through Reg. 50, No. 138; July 16, 2024
(1) A claim against
				the Recovery Fund shall be made on Form DBPR/CILB/022, (Rev. August 2016)
				"Florida Homeowners' Construction Recovery Fund Claim Form, " hereby adopted
				and incorporated by reference at:
http://www.flrules.org/Gateway/reference.asp?No=Ref-07608
.
				The address of the Fund where the form can be obtained is: 2601 Blair Stone
				Road, Tallahassee, FL 32399-1039. The Fund phone number is
				(850)921-6593.
(2) Completed claim
				forms shall be forwarded to the Board, together with a copy of the complaint
				that initiated action against the contractor, a certified copy of the
				underlying judgment, order of restitution, or award in arbitration, together
				with the judgment; a copy of any contract between the claimant and the
				contractor, including change orders; proof of payment to the contractor and/or
				subcontractors; copies of any liens and releases filed against the property,
				together with the Notice of Claim and Notice to Owner; copies of applicable
				bonds, sureties, guarantees, warranties, letters of credit; certified copies of
				levy and execution documents, and proof of all efforts and inability to collect
				the judgment or restitution order, and other documentation as may be required
				by the Board to determine causation of injury or specific actual
				damages.
(3) Where the final
				judgment, board restitution order, or arbitration award is not expressly based
				on Section 489.129(1)(g), (j) or
				(k), F.S., claimant must present to the Board
				sufficient evidence to show that the contractor engaged in activity that is
				described in those subsections.
(4)
				In the event that the contractor filed for protection under the bankruptcy
				code, claimant must show that a diligent attempt was made to participate in the
				distribution of assets, if any. If there were no assets for unsecured
				creditors, failure to participate in the bankruptcy shall not be grounds for
				claim denial.
(5) If claimant dies
				before a claim is filed, claimant's estate is authorized to file a claim on
				claimant's behalf. If there is no estate, claimant's personal representative is
				authorized to file a claim on claimant's behalf.
(6) If claimant dies after a claim is filed,
				but before a claim is adjudicated, claimant's estate is authorized to proceed
				on claimant's behalf. If there is no estate, claimant's personal representative
				is authorized to proceed on claimant's behalf.
Rulemaking Authority
					 489.108,
					 489.141(3) FS.
					 Law Implemented 489.141
					 FS.
New 7-11-95, Amended 7-1-96, 7-7-05, 4-27-08, 3-18-10,
					 12-20-16, 5-11-21.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-21 - CONSTRUCTION INDUSTRIES RECOVERY FUND › Section 61G4-21.004 - Claims Review

Current through Reg. 50, No. 138; July 16, 2024
(1) No claims will
				be accepted until 35 days after the date indicated on the final judgment, board
				restitution order, or arbitration award.
(a) A
				claim number shall not be assigned until a completed and signed fund claim
				form, as incorporated in Rule
				61G4-12.006, F.A.C., is
				received, along with the documentation required in Rule
				61G4-21.003, F.A.C.
(b) Upon receipt of the completed claim form,
				notice will be given to the contractor(s) and the licensee determined to be the
				qualifier(s) of the business entity involved in the contract. Notice shall be
				given to the mailing address as it appears in the Department
				records.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-21 - CONSTRUCTION INDUSTRIES RECOVERY FUND › Section 61G4-21.005 - Payment of Claims

Current through Reg. 50, No. 138; July 16, 2024
(1) If the Board
				authorizes payment of any claim in full or in part, then it shall forward the
				final agency action with respect to the claim to the Secretary of the
				Department for payment.
(2)
				Procedures for disbursements of funds shall not commence until 35 days after
				the filing of the Final Order of the Board approving payment of any claim from
				the recovery fund.
(3) No claimant
				eligible for, or currently receiving, restitution under a civil or criminal
				restitution order or other repayment plan shall be eligible to recover from the
				Fund until two or more payments have been missed. Prior to receiving any
				payments, such a claimant shall provide the Board with a written statement
				indicating any amount received to date under such an order or plan, the date
				and amount of the last payment, and how much is still due and owing under such
				an order or plan.
Rulemaking Authority
					 489.108 FS. Law Implemented
					 489.141,
					 489.143
					 FS.
New 7-11-95, Amended 4-27-99, 6-19-03, 7-7-05,
					 5-11-09.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-21 - CONSTRUCTION INDUSTRIES RECOVERY FUND › Section 61G4-21.006 - Subrogation and Assignment

Current through Reg. 50, No. 138; July 16, 2024
(1) At the time
				of payment from the Recovery Fund, the claimant shall assign his or her right,
				title, and interest in any final judgment or board restitution order to the
				extent of such payment to the Recovery Fund.
(2) Upon payment from the Recovery Fund, the
				Board shall be surrogated to the right, title, and interest of the claimant.
				Any amount subsequently recovered on the final judgment, board restitution
				order, or arbitration award, shall be for the purpose of reimbursing the
				Recovery Fund, to the extent of such payment from the Recovery Fund.
(a) If the claim is based on a final
				judgment, Claimant shall record the assignment in the public records of each
				county where the original judgment has been recorded.
(b) If the claim is based on a board
				restitution order, Claimant shall record the assignment with the Agency Clerk
				of the Department of Business and Professional Regulation.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-22 - MEDIATION › Section 61G4-22.001 - Mediation

Current through Reg. 50, No. 138; July 16, 2024
The following alleged violations may be resolved by mediation
				  using the procedure adopted by the department pursuant to Section
				  455.2235, F.S.:
(1) Section
				489.129(1)(g),
				F.S., Committing misconduct or mismanagement in the practice of contracting
				that causes financial harm to a customer.
(2) Sections
				489.129(1)(i),
				489.1195, F.S., Failing in any
				material respect to comply with the provisions of Chapter 489, Part I, F.S., by
				failing to properly supervise the activities of a construction business
				qualified by the contractor.
(3)
				Section 489.129(1)(j),
				F.S., Abandoning a construction project.
(4) Section
				489.129(1)(l),
				F.S., Committing fraud or deceit in the practice of contracting.
(5) Section
				489.129(1)(m),
				F.S., Committing incompetency or misconduct in the practice of
				contracting.
(6) Section
				489.129(1)(n),
				F.S., Committing gross negligence, repeated negligence, or negligence resulting
				in a significant danger to life or property in the practice of
				contracting.
(7) Section
				489.129(1)(q),
				F.S., Failing to satisfy within a reasonable time the terms of a civil
				judgment.
Specific Authority
					 489.108,
					 455.2235 FS. Law Implemented
					 455.2235
					 FS.
New 6-27-95, Amended
					 8-10-09.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G4 - Construction Industry Licensing Board › Chapter 61G4-23 - NOTICE OF NONCOMPLIANCE › Section 61G4-23.001 - Notice of Noncompliance

Current through Reg. 50, No. 138; July 16, 2024
(1) As an
				alternative to the provisions of Sections
				455.255(1) and
				(2), Florida Statutes, the Department may
				provide a licensee with a notice of noncompliance for an initial offense of a
				minor violation.
(2) Minor
				violations that do not endanger the public health, safety and welfare, and
				which do not demonstrate a serious inability to practice the profession are:
(a) Failure to maintain proof of current
				workers' compensation or general liability insurance, as required by Rule
				61G4-15.003, F.A.C.
(b) Failure to inform CILB of change of name
				style, address, or that the licensee has ceased qualifying a business, as
				required by Rule 61G4-15.007, F.A.C.
(c) Failure to include license number on an
				advertisement offer of services, business proposal, bid or contract as required
				by Section 489.119, F.S.
(d) Failure to register local license with
				the CILB prior to contracting, as required by Sections
				489.115(1) and
				489.117(1),
				F.S.
(e) Failure to qualify a firm,
				or acting under a name not on license.
(f) Contracting outside the geographic scope
				of the license where the jurisdiction in which the contractor is not licensed
				is adjacent to one where the contractor is properly licensed, and the practice
				outside the geographic scope of the license was not willful.
(g) Contracting with a delinquent
				license.
(h) Failure to register a
				qualified business organization.
(i) Failure to obtain an
				inspection.
(j) Failure to correct
				a code violation.
(k) Failure to
				honor a written contractual warranty.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-17 - ORGANIZATION, PURPOSE, MEETINGS, PROBABLE CAUSE DETERMINATION, PROCEDURES › Section 61G5-17.006 - General Information and Forms (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 477.016 FS. Law Implemented
					 455.205,
					 119.07,
					 477.0201
					 FS.
New 11-2-80, Amended 9-30-85, Formerly 21F-17.06, Amended
					 11-4-86, 1-10-88, 1-10-90, Formerly 21F-17.006, Amended 10-1-97, Repealed
					 9-3-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-17 - ORGANIZATION, PURPOSE, MEETINGS, PROBABLE CAUSE DETERMINATION, PROCEDURES › Section 61G5-17.008 - Probable Cause Determination

Current through Reg. 50, No. 138; July 16, 2024
The determination as to whether probable cause exists to
				  believe that a violation of the provisions of Chapter 455 or 477, F.S., or of
				  the rules promulgated thereunder has occurred, shall be made by the Department
				  of Business and Professional Regulation.
Rulemaking Authority
					 455.225(4) FS.
					 Law Implemented 455.225(4)
					 FS.
New 11-2-80, Formerly 21F-17.08,
					 21F-17.008.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-17 - ORGANIZATION, PURPOSE, MEETINGS, PROBABLE CAUSE DETERMINATION, PROCEDURES › Section 61G5-17.009 - Meetings and Election of Officers (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53(1) FS.
					 Law Implemented 120.53(1),
					 455.207
					 FS.
New 11-2-80, Formerly 21F-17.09, 21F-17.009, Repealed
					 9-3-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-17 - ORGANIZATION, PURPOSE, MEETINGS, PROBABLE CAUSE DETERMINATION, PROCEDURES › Section 61G5-17.0095 - Unexcused Absences

Current through Reg. 50, No. 138; July 16, 2024
Unexcused absences shall include any absence other than: one
				  caused by serious illness of a member preventing attendance; death or serious
				  illness of a family member; unavoidable travel delays or cancellations
				  preventing attendance; or any conflict, extraordinary circumstances or event
				  approved by the chairperson of the board. Members shall communicate the reason
				  for any absence to the Executive Director prior to the meeting and the reason
				  for the absence shall be made part of the minutes of that
				  meeting.
Rulemaking Authority
					 455.207,
					 477.016 FS. Law Implemented
					 455.207
					 FS.
New 1-9-95.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-17 - ORGANIZATION, PURPOSE, MEETINGS, PROBABLE CAUSE DETERMINATION, PROCEDURES › Section 61G5-17.010 - Notice of Meetings (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53(1) FS.
					 Law Implemented 120.53(1)
					 FS.
New 11-2-80, Formerly 21F-17.10, 21F-17.010, Repealed
					 9-3-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-17 - ORGANIZATION, PURPOSE, MEETINGS, PROBABLE CAUSE DETERMINATION, PROCEDURES › Section 61G5-17.011 - Agenda (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53(1) FS.
					 Law Implemented 120.53(1)
					 FS.
New 11-2-80, Formerly 21F-17.11, 21F-17.011, Repealed
					 9-3-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-17 - ORGANIZATION, PURPOSE, MEETINGS, PROBABLE CAUSE DETERMINATION, PROCEDURES › Section 61G5-17.013 - Emergency Meetings (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53(1) FS.
					 Law Implemented 120.53(1)
					 FS.
New 11-2-80, Formerly 21F-17.13, 21F-17.013, Repealed
					 9-3-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-17 - ORGANIZATION, PURPOSE, MEETINGS, PROBABLE CAUSE DETERMINATION, PROCEDURES › Section 61G5-17.016 - Time for Payment of Administrative Costs and Fines

Current through Reg. 50, No. 138; July 16, 2024
In cases where the Board imposes costs and/or an
				  administrative fine for violation of Chapter 455 or 477, F.S., or the rules
				  promulgated thereunder, the costs and/or fine shall be paid to the Department
				  of Business and Professional Regulation within thirty (30) days of its
				  imposition by order of the Board unless otherwise stated by the
				  Board.
Rulemaking Authority
					 455.227(3)(b),
					 477.016 FS. Law Implemented
					 455.219(3),
					 455.227(3)(b),
					 477.028(4),
					 477.029
					 FS.
New 11-2-80, Amended 1-17-83, Formerly 21F-17.16, Amended
					 4-15-93, Formerly 21F-17.016, Amended
					 1-24-21.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-17 - ORGANIZATION, PURPOSE, MEETINGS, PROBABLE CAUSE DETERMINATION, PROCEDURES › Section 61G5-17.017 - Board Member Compensation

Current through Reg. 50, No. 138; July 16, 2024
In addition to receiving fifty dollars ($50.00) compensation
				  per day for attending official meetings of the board, a board member shall also
				  be eligible to receive compensation for the following "other business involving
				  the board":
(1) All joint Board or
				committee meetings required by statute, Board rule or Board action;
(2) Official meetings or workshops called by
				the chairman at which either a committee composed of two (2) or more board
				members or a quorum of the board is present pursuant to Chapters 120 and 477,
				F.S.;
(3) Meetings of Board members
				with Department staff or contractors of the Department at the Department's or
				the Board's request. Any participation or meeting of members noticed or
				unnoticed will be on file in the Board Office;
(4) Meetings or conferences which the board
				member attends at the request of the Secretary or the Secretary's
				designee;
(5) Administrative
				hearings or legal proceedings at which the board member appears as witness or
				representative of the board at the request of counsel to the board;
(6) All activity of Board members, if
				authorized by the Board, when grading, proctoring or reviewing examinations
				given by the Department;
(7) All
				participation in Board authorized meetings with professional associations of
				which the Board is a member or invitee. This would include all meetings of
				national associations or registration boards of which the Board is a member as
				well as Board authorized participation in meetings of national or professional
				associations or organizations involved in educating, regulating or reviewing
				the profession over which the Board has statutory authority;
(8) Any and all other activities which are
				Board approved and which are necessary for Board members to attend in order to
				further protect the public health, safety and welfare, through the regulation
				of which the Board has statutory authority;
(9) In the event that a board member is
				present for a meeting or hearing defined above, and the meeting is cancelled
				without prior notice, the attending board member will be eligible for
				compensation provided the member was present at the scheduled
				time.
Specific Authority
					 455.207(4) FS.
					 Law Implemented 455.207(4)
					 FS.
New 11-15-81, Formerly 21F-17.17, 21F-17.017, Amended
					 9-8-94.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-17 - ORGANIZATION, PURPOSE, MEETINGS, PROBABLE CAUSE DETERMINATION, PROCEDURES › Section 61G5-17.018 - Investigators; Criteria for Selection (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.203(8) FS.
					 Law Implemented 455.203(8)
					 FS.
New 4-6-82, Formerly 21F-17.18, 21F-17.018, Repealed
					 1-7-15.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-17 - ORGANIZATION, PURPOSE, MEETINGS, PROBABLE CAUSE DETERMINATION, PROCEDURES › Section 61G5-17.019 - Public Comment

Current through Reg. 50, No. 138; July 16, 2024
The Board of Cosmetology invites and encourages all members
				  of the public to provide comment on matters or propositions before the Board or
				  a committee of the Board. The opportunity to provide comment shall be subject
				  to the following:
(1) Members of the
				public will be given an opportunity to provide comment on subject matters
				before the Board after an agenda item is introduced at a properly noticed board
				meeting.
(2) Members of the public
				shall be limited to 3 minutes to provide comment. This time shall not include
				time spent by the presenter responding to questions posed by Board members,
				staff or board counsel. The chair of the Board may extend the time to provide
				comment if time permits.
(3) A
				member of the public shall notify board staff in writing of his or her interest
				to be heard on a proposition or matter before the Board. The notification shall
				identify the person or entity, indicate support, opposition, or neutrality, and
				identify who will speak on behalf of a group or faction of persons consisting
				of three or more persons. Any person or entity appearing before the Board may
				use a pseudonym if he or she does not wish to be
				identified.
Rulemaking Authority
					 286.0114 FS. Law Implemented
					 286.0114
					 FS.
New 6-18-14.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-17 - ORGANIZATION, PURPOSE, MEETINGS, PROBABLE CAUSE DETERMINATION, PROCEDURES › Section 61G5-17.020 - Security and Monitoring Procedures for Licensure Examination (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.217(1)(d),
					 120.54(8) FS.
					 Law Implemented 455.217(1)(d)
					 FS.
New 4-6-82, Formerly 21F-17.20, 21F-17.020, Repealed
					 9-3-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-17 - ORGANIZATION, PURPOSE, MEETINGS, PROBABLE CAUSE DETERMINATION, PROCEDURES › Section 61G5-17.0201 - Licensure Examinations and Examination Procedures for Handicapped Candidates (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 477.016,
					 455.203(5) FS.
					 Law Implemented 455.217(1)
					 FS.
New 1-9-95, Repealed
					 9-3-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-17 - ORGANIZATION, PURPOSE, MEETINGS, PROBABLE CAUSE DETERMINATION, PROCEDURES › Section 61G5-17.021 - Designation of Official Reporter (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53(2)(b), (c),
					 (4),
					 477.016 FS. Law Implemented
					 120.53(2)(b), (c),
					 (4)
					 FS.
New 2-26-85, Formerly 21F-17.21, 21F-17.021, Repealed
					 9-3-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-17 - ORGANIZATION, PURPOSE, MEETINGS, PROBABLE CAUSE DETERMINATION, PROCEDURES › Section 61G5-17.023 - Final Orders (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53(1),
					 477.016 FS. Law Implemented
					 120.53(1)
					 FS.
New 6-5-88, Formerly 21F-17.023, Repealed
					 9-3-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-18 - COSMETOLOGIST › Section 61G5-18.00015 - Cosmetologist and Compensation Defined

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				cosmetologist is a person who is licensed to perform the mechanical or chemical
				treatment of the head, face, and scalp for aesthetic rather than medical
				purposes, including, but not limited to, hair shampooing, hair cutting, hair
				arranging, hair braiding, hair coloring, permanent waving, and hair relaxing,
				for compensation. Cosmetologists and full and facial specialists may also
				perform skin care services and non-invasive hair removal including wax
				treatments, but not including electrolysis as that term is defined in Chapter
				478, F.S. Nail and full specialists may perform manicures and pedicures that
				include hand and foot massages.
(a) For the
				purposes of this act "compensation" is defined as the payment of money or
				valuable consideration directly or indirectly paid or promised, expressly or
				impliedly, or the intent to collect or receive payment of money or the intent
				to collect or receive anything of value in exchange for cosmetology
				services.
(b) For the purposes of
				this act "medical purposes" is defined as any form of bodily intrusion into the
				orifices, skin, muscles, or any other tissues of the body. Bodily intrusion
				includes but is not limited to skin perforation by any means, including the
				application of permanent makeup, the use of laser and intense pulsed light
				(IPL) treatments, ultrasound and high intensity focused ultrasound (HIFU)
				treatments, radiation, plasma pen, Hyaluron pen, injections, and FDA approved
				medical devices, all of which are beyond the scope of a cosmetology license and
				full and facial registrations.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-18 - COSMETOLOGIST › Section 61G5-18.001 - Who May Apply

Current through Reg. 50, No. 138; July 16, 2024
(1) Individuals
				desiring to be licensed as a cosmetologist shall meet all required
				qualifications as specified in Section
				477.019, F.S.
(2) If an applicant for licensure by
				examination meets all required qualifications except the required minimum hours
				of training, he or she shall be entitled to take the licensure examination to
				practice cosmetology if the applicant has received a minimum of 1, 000 hours of
				training established by the Board, and has been certified by the Director of
				the school or program in which he or she is currently enrolled to have achieved
				the minimum competency standards of performance as prescribed in Chapter
				61G5-22, F.A.C., for the hours completed.
Specific Authority
					 477.016,
					 477.019(2) FS.
					 Law Implemented 477.019(2)
					 FS.
New 11-3-80, Amended 12-18-83, Formerly 21F-18.01, Amended
					 10-18-87, 1-10-90, 12-17-90, Formerly 21F-18.001, Amended
					 2-1-98.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-18 - COSMETOLOGIST › Section 61G5-18.002 - Manner of Application (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53,
					 477.016 FS. Law Implemented
					 477.019
					 FS.
New 11-3-80, Amended 1-17-83, Formerly 21F-18.02, Amended
					 6-22-87, Formerly 21F-18.002, Amended 7-30-02, Repealed
					 9-3-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-18 - COSMETOLOGIST › Section 61G5-18.003 - Cosmetology Examination

Current through Reg. 50, No. 138; July 16, 2024
(1) The Cosmetology
				examination shall consist of two parts, a written theory examination and a
				written clinical examination, both parts must be successfully completed prior
				to licensure.
(2)
(a) The written theory examination shall be
				administered by the Department. The following subjects will be tested on the
				examination and will be weighted approximately as designated:
Category
Weight
1. General Safety and Sanitation Procedures
34%
2. Client Services
24%
3. Facial, Make-up, and Hair Removal
16%
4. Manicuring and Pedicuring
16%
5. Professional/Legal and Ethical Laws and
							 Rules
10%
(b)
				Passing Grade. Candidates' scores will be converted to a scale of 0 to 100; the
				minimum passing score as determined by the Board shall be set at 75 on that
				scale. All forms of the examination are statistically equated so that the
				relative passing scores remain equivalent.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-18 - COSMETOLOGIST › Section 61G5-18.004 - Re-examination

Current through Reg. 50, No. 138; July 16, 2024
(1) Any applicant who fails the examination
				shall be entitled to re-examination pursuant to the terms and conditions set
				forth in this rule. Those applicants not achieving a passing grade on each part
				will have failed that part of the examination and shall be required to retake
				and pass only that part failed in order to be licensed as a cosmetologist,
				provided however that the applicant must pass both parts of the examination
				within a two-year period. If any applicant fails to achieve a passing grade on
				all parts within the 2 years as provided in this rule, the applicant shall be
				required to retake and successfully complete the full examination. In rounding
				percentages, any percentage which is point five (.5) or above shall be rounded
				up to the next whole number. Percentages less than point five (.5) shall be
				rounded down to the next whole number.
(2) Any person desiring to be reexamined for
				licensure as a cosmetologist shall apply to the Department in writing upon
				forms prepared and furnished by the department and shall pay a reexamination
				fee as required by rule
				61G5-24.006, F.A.C.
(3) Those applicants who qualified to take
				the examination after completion of only 1, 000 hours of training pursuant to
				section 477.019(1)(b),
				F.S., and failed, shall be entitled to reexamination only upon completion of
				the full requirements provided for in section
				477.019,
				F.S.
Rulemaking Authority
					 455.217(2),
					 477.016 FS. Law Implemented
					 455.217(2),
					 477.022
					 FS.
New 11-3-80, Amended 8-10-83, 6-28-84, Formerly 21F-18.04,
					 Amended 6-18-86, Formerly 21F-18.004, Amended 8-20-96,
					 7-8-19.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-18 - COSMETOLOGIST › Section 61G5-18.005 - Examination Review Procedure (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 477.016,
					 455.217(2) FS.
					 Law Implemented 455.217(2)
					 FS.
New 11-3-80, Formerly 12F-18.05, Amended 8-20-90, Formerly
					 21F-18.005, Repealed 9-3-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-18 - COSMETOLOGIST › Section 61G5-18.0055 - Supervised Cosmetology Practice Exception (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 477.016,
					 477.019(4) FS.
					 Law Implemented 477.019(4), (5)
					 FS.
New 11-25-98, Amended 2-25-07, 5-19-09, 5-13-10, Repealed
					 9-3-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-18 - COSMETOLOGIST › Section 61G5-18.007 - Endorsement of Cosmetologists

Current through Reg. 50, No. 138; July 16, 2024
The Department of Business and Professional Regulation shall
				  issue a license to an applicant without examination who:
(1) Makes application and pays to the
				Department the fee specified in Rule
				61G5-24.002, F.A.C.;
(2) Demonstrates the applicant has completed
				a board approved HIV/AIDS course; and
(3) Demonstrates the applicant holds a
				current active license to practice cosmetology under the law of another
				state.
Rulemaking Authority
					 477.016 FS. Law Implemented
					 477.019(6)
					 FS.
New 11-3-80, Formerly 21F-18.07, Amended 6-22-87, 10-18-87,
					 12-17-90, Formerly 21F-18.007, Amended 7-1-02, 5-8-13, 8-28-18,
					 11-22-20.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-18 - COSMETOLOGIST › Section 61G5-18.008 - Cosmetologist License Renewal

Current through Reg. 50, No. 138; July 16, 2024
A cosmetologist shall renew his or her license on or before
				  October 31 each biennial year, according to the fee schedule as outlined in
				  Rule 61G5-24.008,
				  F.A.C.
Rulemaking Authority
					 477.016,
					 477.019(5) FS.
					 Law Implemented 477.019(5)
					 FS.
New 11-3-80, Amended 6-28-84, 10-6-85, Formerly 21F-18.08,
					 21F-18.008, Amended 8-8-95, 1-24-21.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-18 - COSMETOLOGIST › Section 61G5-18.011 - Initial Licensure or Registration Requirement for Instruction on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome; Course Content and Approval Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Each
				applicant for initial licensure or registration under Chapter 477, F.S., shall
				complete a board-approved educational course on Human Immunodeficiency Virus
				(HIV) and Acquired Immune Deficiency Syndrome (AIDS), and shall submit proof
				thereof in the form of a certificate of completion from the provider of such
				course with the application. A copy of the certificate will satisfy this
				requirement. Completion of such course shall be a condition of licensure or
				registration. Except as provided in subsection (2) below, no person shall be
				granted an initial license or registration unless he or she complies with this
				rule.
(2) If an applicant for
				initial licensure or registration under Chapter 477, F.S., has not completed a
				board-approved educational course on HIV and AIDS at the time of application,
				but has completed all other requirements for licensure or registration, he or
				she may request an additional 6 month period in which to complete this
				requirement. Such request shall be submitted at the time of filing the
				application for licensure or registration; and, will be made by filing a
				written affidavit showing good cause to grant the request. Upon the filing of
				such affidavit, the applicant shall be granted one, 6 month period in which to
				complete a board-approved educational course on HIV and AIDS. The applicant
				shall be required to submit proof of the completion of this course in the form
				of a certificate of completion from the provider of such course to the
				department within the 6 month period. A copy of the certificate will satisfy
				this requirement. Failure to submit such proof during the 6 month period shall
				cause any previously issued license or registration to become null and void
				without further action by the Board.
(3) All educational courses on HIV and AIDS
				which are taught to fulfill the requirements for initial licensure or
				registration under Chapter 477, F.S., shall be approved by the Board. To be
				considered for the Board's approval, courses on HIV and AIDS shall consist of 4
				hours combined education of:
(a) Education on
				the modes of transmission, infection control procedures, clinical management,
				and prevention of HIV and AIDS;
(b)
				Discussion of attitudes towards HIV and AIDS as well as appropriate behavior in
				dealing with persons who may have the virus or syndrome.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-20 - COSMETOLOGY SALONS › Section 61G5-20.001 - Salon Defined

Current through Reg. 50, No. 138; July 16, 2024
Salon means any establishment or place of business wherein
				  cosmetology as defined in Section
				  477.013(4),
				  F.S., or any specialty as defined in Section
				  477.013(6),
				  F.S., is practiced for compensation, however this does not prevent the practice
				  of cosmetology in a licensed barbershop, or the practice of barbering in a
				  licensed cosmetology salon, provided the salon employs a licensed
				  cosmetologist. Except as provided in Rule
				  61G5-20.010, F.A.C., a salon
				  must be at a fixed location.
Specific Authority
					 477.016 FS. Law Implemented
					 477.025
					 FS.
New 11-2-80, Amended 10-10-82, 10-6-85, Formerly 21F-20.01,
					 Amended 10-18-87, Formerly 21F-20.001, Amended 2-10-94,
					 2-25-07.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-20 - COSMETOLOGY SALONS › Section 61G5-20.0015 - Performance of Cosmetology or Specialty Services Outside a Licensed Salon

Current through Reg. 50, No. 138; July 16, 2024
(1) "Special events" are weddings, fashion
				shows, and other organized public or private events with a duration of no more
				than three consecutive days, and where cosmetology services are essential to
				the event, and the cosmetologist does not provide services to the general
				public.
(2) Cosmetology or
				specialty services may be performed by a licensed cosmetologist or specialist
				in a location other than a licensed salon, including a hospital, nursing home,
				residence, or similar facility, when a client for reasons of ill health is
				unable to go to a licensed salon. Such services are not to be performed upon
				employees or person who do not reside in the facility, or any other
				non-qualified persons. Arrangements for the performance of cosmetology services
				pursuant to this subsection shall be made only through a licensed
				salon.
(3) Cosmetology services may
				only be performed in a photography studio salon subject to the following
				requirements:
(a) Only hair-arranging services
				and the application of cosmetic products may be performed in a photography
				studio salon, and only for the purpose of preparing a model or client of the
				photography studio for a photographic session. Shampooing the hair, hair
				cutting, hair coloring, permanent waving of the hair, hair relaxing, hair
				removal, manicuring, pedicuring, and the performance of any other service
				defined as cosmetology may not be performed in a photography studio
				salon.
(b) All hair-arranging
				services and applications of cosmetic products to be performed in the
				photography studio salon shall be performed by a licensed Florida cosmetologist
				or under the supervision of a licensed cosmetologist employed by the salon.
				"Under the supervision of a licensed cosmetologist" shall mean that an
				individual who then holds a current, active Florida license as a cosmetologist
				shall be physically present at the photography studio salon at all times when
				hair-arranging services or applications of cosmetic products are being
				performed.
(c) When performing
				hair-arranging services, the photography studio salon shall use either
				disposable hair-arranging implements or shall use a wet or dry sanitizing
				system approved by the federal Environmental Protection
				Agency.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-20 - COSMETOLOGY SALONS › Section 61G5-20.00175 - Fashion Photography

Current through Reg. 50, No. 138; July 16, 2024
For purposes of Section
				  477.0263(3),
				  F.S., fashion photography is hereby defined to mean the photographing of one or
				  more human subjects or professional models for commercial purposes where the
				  subject or model receives remuneration, compensation or wages for being
				  photographed. Fashion photography shall not include instances in which the
				  subject pays a photographer a fee to be photographed or instances in which the
				  photographs are made for the personal use and enjoyment of the subject rather
				  than for commercial purposes.
Specific Authority
					 477.016 FS. Law Implemented
					 477.0263(3)
					 FS.
New 1-9-95.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-20 - COSMETOLOGY SALONS › Section 61G5-20.002 - Salon Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions:
				For the purposes of this rule, the following definitions apply:
(a) "Clean" means the removal of visible
				debris from a surface such as washing with soap/water.
(b) "Disinfect" means the use of a chemical
				to destroy potential pathogens.
(c)
				"Sterilize" means the complete destruction of all microbial life, commonly
				achieved through the use of heat and/or pressure.
(d) "Wet disinfection container" means a tub
				or jar with a lid, filled with disinfectant and large enough for all items to
				be completely immersed.
(e)
				"Infection control" means the process for reducing the risk of spreading
				disease causing pathogens.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-20 - COSMETOLOGY SALONS › Section 61G5-20.003 - Inspections

Current through Reg. 50, No. 138; July 16, 2024
The Department of Business and Professional Regulation shall
				  cause an inspection of all proposed salons to determine if all the requirements
				  have been met. Each licensed salon shall be inspected at least biennially by
				  the Department. No person shall, for any reason intentionally, or directly
				  inhibit an authorized representative of the Department from performing said
				  inspections.
Specific Authority
					 477.016 FS. Law Implemented
					 477.025(4), (9)
					 FS.
New 4-22-81, Amended 9-11-81, 5-3-82, 10-6-85, Formerly
					 21F-20.03, Amended 10-18-87, Formerly 21F-20.003, Amended
					 9-27-07.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-20 - COSMETOLOGY SALONS › Section 61G5-20.004 - Display of Documents

Current through Reg. 50, No. 138; July 16, 2024
(1) All holders of a
				cosmetology or specialty salon license shall display within their salons in a
				conspicuous place which is clearly visible to the general public upon entering
				the salon the following documents:
(a) The
				current salon license,
(b) A
				legible copy of the most recent inspection sheet for the
				salon.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-20 - COSMETOLOGY SALONS › Section 61G5-20.005 - Salon License Renewal

Current through Reg. 50, No. 138; July 16, 2024
All salon licenses shall be renewed on or before November 30
				  of each biennial (even-numbered) year, by meeting all the current requirements
				  for salon licensure as expressed in Rule Chapter 61G5-20, F.A.C., and by paying
				  the renewal fee specified in Rule
				  61G5-24.009, F.A.C. A salon
				  license is delinquent if not renewed by the November 30 renewal date. To renew
				  a delinquent license, a licensee shall pay delinquent fee as outlined in Rule
				  61G5-24.009, F.A.C. (in addition
				  to the biennial renewal fee). A delinquent salon license shall expire at the
				  end of the biennium in which it becomes delinquent. After a salon license has
				  expired at the end of the biennium, a new salon license application, the
				  delinquent fee as outlined in Rule
				  61G5-24.009, F.A.C., and all
				  fees as outlined in Rule
				  61G5-24.005, F.A.C., must be
				  filed with the Board. Until such new license is issued for and received by the
				  salon, all cosmetology and specialty services shall cease.
Specific Authority
					 477.016,
					 477.025,
					 477.026 FS. Law Implemented
					 477.025(8),
					 477.026(1)(c)
					 FS.
New 11-2-80, Amended 5-3-82, 10-6-85, Formerly 21F-20.05,
					 Amended 1-28-91, Formerly 21F-20.005, Amended 2-28-96, 8-20-96,
					 10-1-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-20 - COSMETOLOGY SALONS › Section 61G5-20.006 - Transfer of Ownership or Location of a Salon (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 477.016 FS. Law Implemented
					 477.025(7)
					 FS.
New 5-12-81, Amended 10-6-85, Formerly 21F-20.06,
					 21F-20.006, Amended 10-30-97, Repealed
					 9-3-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-20 - COSMETOLOGY SALONS › Section 61G5-20.007 - Communicable Disease

Current through Reg. 50, No. 138; July 16, 2024
(1) No person
				engaged in the practice of cosmetology or a specialty in a salon shall proceed
				with any service to a person having a visible disease, pediculosis, or open
				sores suggesting a communicable disease, until such person furnishes a
				statement signed by a physician licensed to practice in the State of Florida
				stating that the disease or condition is not in an infectious, contagious or
				communicable stage.
(2) No
				cosmetologist or person registered to practice any specialty in Florida, who
				has a visible disease, pediculosis, or open sores suggesting a communicable
				disease, shall engage in the practice of cosmetology or any specialty, until
				such cosmetologist or registrant obtains a statement signed by a physician
				licensed to practice in the State of Florida stating that the disease or
				condition is not in an infectious, contagious, or communicable
				stage.
Specific Authority
					 477.016 FS. Law Implemented
					 477.025(2)
					 FS.
New 5-12-81, Amended 10-6-85, Formerly 21F-20.07, Amended
					 5-11-92, Formerly 21F-20.007.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G5 - Board of Cosmetology › Chapter 61G5-20 - COSMETOLOGY SALONS › Section 61G5-20.008 - Employment of Applicants for Licensure as a Cosmetologist Prior to Licensure; Employment of Applicants for Registration as a Specialist Prior to Registration

Current through Reg. 50, No. 138; July 16, 2024
(1) Holders of a
				cosmetology salon license who wish to permit an applicant for licensure as a
				cosmetologist by examination to perform cosmetology services in their salon
				shall:
(a) Prior to permitting an applicant to
				perform cosmetology services in their salon, obtain from the applicant proof
				that they have passed all parts of the examination for licensure as a
				cosmetologist within the two years as provided by Rule
				61G5-18.004, F.A.C.;
(b) Display in a conspicuous place at the
				cosmetology salon in which the applicant performs cosmetology services a copy
				of the cosmetology examination passing certificate(s).