61G5-30.001: Disciplinary Guidelines
PURPOSE AND EFFECT: The rule outlines the normal discipline imposed for penalty violations.
SUMMARY: The rule revises the Disciplinary Guidelines requirements.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 455.2273 FS. 477.016 FS. 477.029(2) FS.
LAW IMPLEMENTED: 455.2273 FS. 477.029(2) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Robyn Barineau, Executive Director, Board of Cosmetology, 1940 North Monroe Street, Tallahassee, Florida 32399-0750.
THE FULL TEXT OF THE PROPOSED RULE IS:
61G5-30.001 Disciplinary Guidelines
(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 an aggravating or mitigating circumstance, in which case the board may deviate from the guideline penalty.
(1) When the Board finds that any person has committed any of the acts set forth in Section 477.029(1), F.S., it shall issue a final order imposing appropriate penalties as recommended in the following disciplinary guidelines.
(a) Holding oneself out as a cosmetologist or specialist unless duly licensed or registered as provided in Chapter 477, F.S. The usual recommended penalty shall be:
1. For an individual who has never been licensed in
2. For a licensee or registrant who fails to properly renew, an administrative fine of $50.00 per month or part of a month during which the licensee or registrant remained unlicensed or unregistered up to a total of $500.00.
(b) Operating any cosmetology salon unless it is duly licensed as provided in Chapter 477, F.S., the usual penalty shall be:
1. For a salon which has never been licensed, or for operation of an unlicensed salon within a residence, an administrative fine of $500.00;
2. For a salon license which has become delinquent, an administrative fine of $50.00 per month or part of the month during which such operation has taken place up to a total of $200.00;
3. For a salon license which has expired, an administrative fine of $500.00.
(c) Permitting an employed person to practice cosmetology or a specialty unless duly licensed or registered as provided in
Chapter 477, F.S., unless such employed person is exempted pursuant to Section 477.0135(8), F.S. The usual recommended penalty shall be:
1. For employing an individual who has never been licensed or registered in
2. For employing an individual who failed to properly renew or whose exemption has terminated, an administrative fine of $50 per month or part of a month during which such individual was employed up to a total of $500.
(d) Presenting as one’s own the license or registration of another. The usual recommended penalty shall be an administrative fine of $500 and a reprimand.
(e) Giving false or forged evidence to the Department or the Board in order to obtain any license or registration provided for in Chapter 477, F.S. The recommended penalty shall be an administrative fine of $500 and refusal to recommend approval of said license or registration or revocation of any license or registration received as a result of such action.
(f) Impersonate any other licenseholder or registrant of like or different name. The usual recommended penalty shall be an administrative fine of $500 and a 6 month suspension of any other license or registration held by the licensee pursuant to Chapter 477, F.S.
(g) Using or attempting to use a license or registration that has been revoked. The usual recommended penalty shall be an
administrative fine of $500 and a one year suspension of any other license or registration held by the licensee or registrant pursuant to Chapter 477, F.S.
(h) Violating any provision of Section 477.0265, 477.028 or 455.227(1), F.S. The usual recommended penalty shall be the penalty recommended in subsections (2) and (3) below or subparagraph (1)(i)2. below.
(i) Violating or refusing to comply with any provision of Chapter 477 or 455, F.S., or a rule or final order of the Board. The usual recommended penalty shall be:
1. For a violation of Chapter 477, F.S., the recommended penalty stated in this section for such violation;
2. For a violation of Chapter 455, F.S., imposition of a penalty within the range stated in Section 455.227, F.S., for violation thereof;
3. For a violation of a rule of the Board, the recommended penalty as stated in this section for such violation, and any further penalty deemed appropriate by the Board within the limits of subsection 61G5-30.001(5), F.A.C.;
4. For a violation of a final order of the Board, an administrative fine of $500 and a 6 month suspension.
(j) Violating the safety and sanitary requirements of subsections 61G5-20.002(3)-(7), F.A.C. The usual recommended penalty shall be an administrative fine of $50 per violation if less than 3 violations are found to have occurred, or an administrative fine of $250 if 3 or more violations are found to have occurred, or an administrative fine of $500.00 if 5 or more violations are found to have occurred at the time of this violation.
In any case where a salon is found to be operating without sterilization equipment the Board shall impose an administrative fine of $250.
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(2) VIOLATION |
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(a) Unlicensed cosmetology or specialty practice. (477.0265(1)(a) or 477.029(1)(a), F.S.) |
For an individual who was never licensed,a fine of $500. For a licensee or registrant who fails to properly renew, a fine of $50 for every month or partial month during which the individual was unlicensed or unregistered, up to a maximum of $500. |
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(b) Unlicensed Salon and Delinquent Salon License. (477.0265(1)(b)1 or 477.029(1)(b), F.S.) |
For a salon which has never been licensed, or for which the salon license has expired, a fine of $500. For a salon license which has become delinquent, a fine of $50 for every month or partial month of delinquency during which the salon has operated, up to a total of $500. |
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(c) Permitting a person without a license or registration, unless exempt, to perform cosmetology services or any specialty in a salon. (477.0265(1)(b)2, F.S.) |
For a violation involving a person who was never licensed or registered in |
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(d) Permitting an employee to practice cosmethology or a specialty without being duly licensed, registered, or otherwise authorized. (477.0265(1)(d) or 477.029(1)(c), F.S.) |
For employing a person who was never licensed or registered in For employing a person who failed to properly renew or whose exemption has terminated, a fine of $50 for every month or partial month during which the person was employed, up to $500. |
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(e) Engage in willful or repeated violations of Chapter 477, F.S. or any rule adopted by the board. (477.0265(1)(c), F.S.) |
For a first offense, a fine of $500. For a subsequent offense, a fine of $500 and suspension or revocation of any license or registration issued pursuant to Chapter 477, F.S. |
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(f) Obtain or attempt to obtain a license or registration for money, other than the required fee, or any other thing of value or by fraudulent misrepresentations. (477.0265(1)(e), F.S.) |
A fine of $500 and denial or revocation of the license or registration. |
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(g) Using or attempting to use a suspended or revoked cosmetology license or specialty registration to practice cosmetology or a specialty. (477.0265(1)(f) or 477.029(1)(g), F.S.) |
A fine of $500 and suspension for one year of any license or registration issued pursuant to chapter 477, F.S. |
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(h) Advertising or implying that skin care services or body wrapping are related to massage therapy, except as allowed by statute. (477.0265(1)(g), F.S.) |
A fine of $100 to $200 for the first offense; a fine of $500 for subsequent offenses. |
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(i) Use or possess a product containing a liquid nail monomer containing any trace of methyl methacrylate (MMA): (477.0265(1)(h), F.S.) |
A fine of $500 for the first offense; a fine of $500 and suspension or revocation for a subsequent offense. |
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(j) License or registration obtained by fraud or false or forged evidence. (477.028(1)(a), 477.028(2)(a) or 477.029(e), F.S.) |
A fine of $500 and revocation of the salon license, cosmetology license, or specialty registration. |
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(k) Guilty of fraud, deceit, gross negligence, incompetency, or misconduct in practice or instruction of cosmetology or specialty, or in operation of the salon. (477.028(1)(b) or 477.028(2)(b), F.S.) |
A fine of $200 to $500 and suspension or revocation of the of salon license, cosmetology license, or specialty registration. |
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(l) License or registration holder is guilty of aiding, assisting, procuring, or advising any unlicensed person to practice as a cosmetologist. (477.028(1)(c), F.S.) |
A fine of $250 for the first offense. A fine of $500 and revocation or suspension of salon license, cosmetology license, or specialty registration for a subsequent offense. |
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(m) Present license of another as his or her own license. (477.029(1)(d), F.S. |
A fine of $500 and a reprimand for the first offense. A fine of $500 and refusal to certify for licensure for a subsequent offense. |
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(n) Impersonate any other licenseholder of like or different name. |
A fine of $500 and a 6 month suspension of any other license or registration held pursuant to (477.029)(1)(f) Chapter 477, F.S. |
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(o) Violate or refuse to comply with: |
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1. Any provision of chapter 455, or final order of the Board or the department. |
A fine of $500 and suspension, revocation, or refusal to certify to the department for licensure |
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2. Any provision of Chapter 477, F.S., or a rule of the Board or the Department except as otherwise provided; |
A fine of 4100 to $200 for the first viloation . A fine of $300 to $500 for a subsequent violation. A fine of $500 and suspension or revocation of license or registration for a refusal to comply. |
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3. Salon requirements subsection 61G5-20.002(3)-(7), F.A.C., relating to sanitation and safety;or |
A fine $50 per violation for less than three violations. A fine of $250 for three to four violations. A fine of $500 for five or more violations. A fine of $250 for a salon operating without sterilization equipment. |
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4. Display of documents subsection 61G5-20.004, F.A.C., relating to display of licenses and inspection sheets (477.029(1)(h)-(i), F.S.) |
A fine of $100 for each violation for the first offense. A fine of $200 to $300 for each subsequent offense. |
(2) When the Board finds that any person has committed any of the acts set forth in Section 477.0265(1), F.S., it shall also find that person to be in violation of Section 477.029(1)(h), F.S., and it shall issue a final order imposing appropriate penalties as recommended in the following disciplinary guidelines.
(a) Engaging in the practice of cosmetology or a specialty without an active license as a cosmetologist or a registration as a specialist issued by the Department pursuant to the provisions of Chapter 477, F.S. The usual recommended penalty shall be:
1. For an individual who has never been licensed or registered in
2. For a licensee or registrant who fails to properly renew, an administrative fine of $50 per month or part of a month during which the licensee remained unlicensed or registrant remained unregistered up to a total of $500.
(b) Owning, operating, maintaining, opening, establishing, conducting, or having charge of, either alone or with another person or persons, a cosmetology salon or specialty salon which is not licensed or registered under the provisions of Chapter 477, F.S. The usual recommended penalty shall be an administrative fine of $50 per month or part of a month during which such operation has taken place up to a total of $500.
(c) Owning, operating, maintaining, opening, establishing, conducting, or having charge of, either alone or with another person or persons, a cosmetology salon or specialty salon in which a person not licensed as a cosmetologist or registered as a specialist and who is not exempt pursuant to Section 477.0135(8), F.S., is permitted to perform cosmetology services or any specialty. The usual recommended penalty shall be:
1. For a violation involving a person who has never been licensed or registered in
2. For a violation involving a person who failed to properly renew or whose exemption has terminated, an administrative fine of $50 per month or part of a month during which each violation took place.
(d) Engaging in willful or repeated violations of Chapter 477, F.S., or any rule adopted by the Board. The usual recommended penalty shall be an administrative fine of $500 and suspension or revocation of any license or registration issued pursuant to Chapter 477, F.S.
(e) Permitting an employed person to engage in the practice of cosmetology or of a specialty unless such person holds a valid, active license as a cosmetologist or registration as a specialist unless such person is exempted pursuant to Section 477.0135(8), F.S. The usual recommended penalty shall be:
1. For a violation involving an employed person who has never been licensed or registered in
2. For a violation involving an employed person who failed to properly renew or whose exemption has terminated, an
administrative fine of $50 per month or part of a month during which such violation took place.
(f) Obtaining or attempting to obtain a license or registration for money, other than the required fee, or any other thing of value or by fraudulent misrepresentations. The usual recommended penalty shall be an administrative fine of $500 and a refusal to recommend approval of said license or registration or revocation of any license or registration received as a result of such action.
(g) Using or attempting to use a license to practice cosmetology or a registration to practice a specialty which license or
registration is suspended or revoked. The usual recommended penalty shall be an administrative fine of $500 and a suspension, for a period of up to one year, of any other license or registration held by the licensee or registrant pursuant to Chapter 477, F.S.
(3) through (7) No change.
Specific Authority 455.2273 FS., 477.016 FS., 477.016 FS., 477.029(2) FS. Law Implemented 455.2273 FS., 477.029(2) FS.
History–New 10-20-86, Amended 10-18-87, 1-10-90, 1-30-92, 4-15-93, Formerly 21F-30.001, Amended 4-23-02,________.