The purpose of the rule amendment is to update the disciplinary rules to make them comply with requirements in Chapter 455, F.S., to establish new penalties for violations of statute and rule provisions, and to delete unnecessary rules.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Barbers’ Board

RULE NOS.:RULE TITLES:

61G3-21.002Aggravating and Mitigating Circumstances

61G3-21.003Repeat Violations

61G3-21.004Penalties Cumulative and Consecutive

61G3-21.006Probation

61G3-21.009Citations

61G3-21.010Revocation

61G3-21.012Notice of Non-Compliance

PURPOSE AND EFFECT: The purpose of the rule amendment is to update the disciplinary rules to make them comply with requirements in Chapter 455, F.S., to establish new penalties for violations of statute and rule provisions, and to delete unnecessary rules.

SUMMARY: Disciplinary rules.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Compliance with the new disciplinary guidelines does not impose cost. No person or interested party submitted additional information regarding the economic impact at that time.

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.

RULEMAKING AUTHORITY: 455.2273, 455.224, 455.225(3)(a), 476.004, 476.064(4), 476.194(1)(b), 476.204(2) FS., Ch. 86-90, § 2, Laws of Florida.

LAW IMPLEMENTED: 455.2273, 455.224, 455.225(3), 476.204(1)(h), 476.204(2), 477.204 FS., Ch. 86-90, § 2, Laws of Florida.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Robyn Barineau, Executive Director, Barbers’ Board, 2601 Blair Stone Road, Tallahassee, Florida 32399-0771.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G3-21.002 Aggravating and Mitigating Circumstances.

Circumstances which may be considered for the purposes of mitigation or aggravation of penalty shall include, but are not limited to, the following:

(1) Where licensee has relied upon the advice of a professional advisor, for example, an attorney or /accountant;.

(2) Where the address of the shop or the owner has been changed by the post office through no fault of the shop owner;.

(3) Where the salon or shop owner has relied upon the advice of a prior owner;.

(4) Infirmity Age or illness;.

(5) The danger to the public;.

(6) The number of complaints filed against the licensee;.

(7) The length of time the licensee has practiced;.

(8) The actual damage, physical or otherwise, to the licensee’s customer;.

(9) The deterrent effect of the penalty in Rule 61G3-21.001 versus the deterent effect of an enhanced or reduced penalty; imposed.

(10) The effect of the penalty upon the licensee’s livelihood;.

(11) Any efforts at rehabilitation;.

(12) Whether there was demonstrable intent of deceit; Any other mitigating or aggravating circumstances.

(13) Blatant disrespect for the law;

(14) Whether the licensee has had previous discipline imposed and the violations that resulted in the previous discipline; and

(15) Whether the license is on probation.

Rulemaking Authority 455.2273(3), 476.064(4) FS. Law Implemented 455.2273(3) FS. History–New 11-25-86, Formerly 21C-21.002, Amended 2-11-02,                        .

 

61G3-21.003 Repeat Violations.

Rulemaking Authority 476.064(4), 476.194(1)(b) FS., Ch. 86-90, § 2, Laws of Florida. Law Implemented 476.204(1)(h) FS., Ch. 86-90, § 2, Laws of Florida. History–New 11-25-86, Formerly 21C-21.003, Repealed___.

 

61G3-21.004 Penalties Cumulative and Consecutive.

Rulemaking Authority 476.064(4) FS., Ch. 86-90, § 2, Laws of Florida. Law Implemented Ch. 86-90, § 2, Laws of Florida. History–New 11-25-86, Formerly 21C-21.004, Repealed___.

 

61G3-21.006 Probation.

Rulemaking Authority 476.064(4) FS., Ch. 86-90, § 2, Laws of Florida. Law Implemented Ch. 86-90, § 2, Laws of Florida. History–New 11-25-86, Formerly 21C-21.006, Repealed___.

 

Substantial rewording of Rule 61G3-21.009 follows.  See Florida Administrative Code for present text.

61G3-21.009 Citations.

(1) A citation and fine shall be issued for a violation of any of the provisions in this paragraph, except when a notice of non-compliance can be issued first, pursuant to Rule 61G3-21.012, F.A.C.  

(a) Practicing barbering with a license that has been delinquent or inactive for no more than 3 months in violation of Sections 476.194(1)(a), 476.204(1)(a), and 455.271(1), F.S.:  fine of $200.00; 

(b) Failure to post inspection report in violation of Rule 61G3-19.015(1), F.A.C.:  fine of $50.00;

(c) Failure to properly display barber’s license in violation of Rule 61G3-19.009(1), F.A.C. : fine of $50.00;

(d) Failure to properly display barbershop’s license in violation of Rule 61G3-19.009(2), F.A.C.: fine of $50.00;

(e) Failure to post the barbershop requirements listed in 61G3-19.011, F.A.C., in violation of Rule 61G3-19.012, F.A.C.: fine of $50.00;

(f) Failure to transfer ownership of barbershop license for not more than 3 months, in violation of paragraph 61G3-19.013, F.A.C.: fine of $200.00; 

(g) Failure to maintain a portable fire extinguisher, in violation of Rule 61G3-19.011(2)(c), F.A.C., provided the inspection is not more than 60 days overdue: fine of $100.00; and

(h) Failure to immediately deposit towels in the proper receptacle, in violation of Rule 61G3-19.011(13), F.A.C.: fine of $50.00.

(2) A citation and fine shall be issued for a first violation of any of the statutes and rules listed in this paragraph. 

(a) Operating a barbershop with a license that has been expired for no more than 3 months in violation of Section 476.194(1)(d)1., F.S.: fine of $200.00;

(b) Relocating a barbershop in violation of Sections 476.184(7) and 476.194(1)(d)1., F.S.: fine of $200.00;

(c) Performing barber services outside a licensed shop in violation of Rule 61G3-19.010, F.A.C.: fine of $200.00; and 

(d) A citation shall be issued for violation of any of the following safety, code, and structural provisions: Rules 61G3-19.011(2)(a)-(c), (6), and (15) – (22)(a)-(f), F.A.C.:  The fine for violation of any one of these provisions shall be $50.00.

(3) A citation shall not be issued if more than three of the violations listed in (1) and (2) occur during the same inspection.  

(4) At least three years must pass between the issuance of citations for violations of the same provision.

Rulemaking Authority 455.224(1), (2), 476.064(4) FS. Law Implemented 455.224, 477.204 FS. History–New 1-19-92, Amended 3-22-92, 2-18-93, Formerly 21C-21.009, Amended 6-16-94, 9-22-94, 8-21-95, 2-14-96, 11-6-97, 5-13-01, 9-20-05, 12-2-09, 2-26-15,                   .

 

61G3-21.010 Revocation.

Unless otherwise provided in the by order of revocation, whenre the Board revokes any barber’s license, the revocation shall be permanent.  However, the person whose license was revoked may not reapply for relicensure as a barber for a period of after three (3) years.  Any mitigating and aggravating circumstances that exist at the time of revocation shall be evaluated to determine whether to alter the three (3) year waiting period.  If the former licensee reapplies, he or she shall satisfy the requirements for initial licensure in place at the time of reapplication, and shall after revocation and he or she must make a personal appearance before the Board, prior to relicensure.

Rulemaking Authority 455.227(5), 476.064(4), 476.204(2) FS. Law Implemented 455.227(3), 455.2273(3) 476.204(2) FS. History–New 2-18-93, Formerly 21C-21.010,                     .

 

61G3-21.012 Notice of Non-Compliance.

(1) The department shall provide a licensee with a notice of non-compliance for an initial offense of the rules and statutes listed below.

(a) Sections 476.194(1)(a) and 455.271(1), F.S.: Engaging in the practice of barbering with a license that has been delinquent or inactive for 30 days or less;.

(b) Section 455.271(1), F.S.: Engaging in the practice of barbering with a license that has been inactive for 30 days or less.

(b)(c)  Rule 61G3-19.015(1), F.A.C. – failure to post inspection report;.

(c)(d) Rule 61G3-19.009(1), F.A.C. – failure to properly laminate and display barber’s license; as long as license is current.

(d) Rule 61G3-19.009(2), F.A.C. – failure to properly display barbershop’s license;

(e) Rule 61G3-19.012, F.A.C. – failure to post the barbershop requirements listed in 61G3-19.011, F.A.C.; sanitation rules.

(f) Rule 61G3-19.013, F.A.C. – failure to transfer ownership ofn barbershop license for no more than , provided the transfer has not exceeded 30 days;.

(g) Rule 61G3-19.011(2)(c), F.A.C. – failure to maintain a portable fire extinguisher, provided the expiration date does not exceed 30 days; and.

(h) Rule 61G3-19.011(13), F.A.C. – failure to immediately deposit towels in the proper receptacle.

(2) No change.

Rulemaking Authority 455.225(3)(a), 476.064(4) FS. Law Implemented 455.225(3) FS. History–New 12-22-94, Amended 2-14-96, 5-1-96, 11-6-97, 11-25-09, 2-7-17, 12-27-17,                            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Barbers’ Board

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Barbers’ Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 15, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 17, 2018