4.1 Barbers’ Board Membership, Organization & Powers
Key Takeaways
- Section 476.054(1), F.S., creates the Barbers’ Board within the department, consisting of seven members appointed by the Governor subject to confirmation by the Senate.
- Five members must be barbers who have practiced the occupation of barbering in this state for at least five years; the remaining two must be citizens of the state who are not presently licensed barbers.
- Members serve four-year terms, may not serve more than two consecutive terms, and the Governor may remove any member for cause; a vacancy is filled by the Governor for the unexpired portion of the term.
- Section 476.064(3), F.S., sets a quorum at not less than four members, requires an annual meeting, and requires the Board to maintain its headquarters in Tallahassee.
- Section 476.074, F.S., assigns all legal, investigative, and inspection services to the department rather than to the Board.
Barbers' Board Membership, Organization & Powers
Blueprint anchor: Florida Barber Laws and Rules (25%) → Board Membership; Power, Duties, and Procedures. Two of seven bullets — and on the 30-question restricted barber examination, roughly two-sevenths of the whole test.
Florida splits barbering governance between two bodies with genuinely different jobs. Confusing them is the most common error on this material.
1. Composition — Section 476.054(1)–(2), F.S.
"There is created within the department the Barbers' Board, consisting of seven members who shall be appointed by the Governor, subject to confirmation by the Senate."
"Five members of the board shall be barbers who have practiced the occupation of barbering in this state for at least 5 years. The remaining two members shall be citizens of the state who are not presently licensed barbers. No person shall be appointed to the board who is in any way connected with the manufacture, rental, or wholesale distribution of barber equipment and supplies."
┌────────────────────────────────────────────────────────────────────────┐
│ BARBERS' BOARD — SEVEN MEMBERS TOTAL │
│ Appointed by the GOVERNOR · Confirmed by the SENATE │
├──────────────────────────────────┬─────────────────────────────────────┤
│ 5 BARBER MEMBERS │ 2 CONSUMER MEMBERS │
│ • Practiced barbering IN THIS │ • Citizens of the state │
│ STATE for at least 5 YEARS │ • NOT presently licensed barbers │
├──────────────────────────────────┴─────────────────────────────────────┤
│ DISQUALIFIER (applies to ALL seven): no person connected in any way │
│ with the MANUFACTURE, RENTAL, or WHOLESALE DISTRIBUTION of barber │
│ equipment and supplies may be appointed. │
└────────────────────────────────────────────────────────────────────────┘
Three precision points that get tested:
- "in this state for at least 5 years." Twenty years of barbering in Ohio does not satisfy it.
- "not presently licensed barbers." The consumer members need not be laypersons who have never held a license — the statute's word is presently.
- The supply-industry disqualifier applies to all seven seats, not just the consumer seats.
2. Terms, Removal and Vacancies — Section 476.054(3)–(6), F.S.
| Provision | Rule |
|---|---|
| Term length | As terms expire, the Governor appoints successors for terms of 4 years |
| Holdover | Members serve until their successors are appointed and qualified |
| Term limit | No person may be appointed to serve more than two consecutive terms |
| Vacancy | Filled by appointment by the Governor for the unexpired portion of the term |
| Removal | "The Governor may remove any member for cause." |
| Compensation | Each member receives per diem and mileage allowances as provided in Section 112.061, F.S., from the member's residence to the meeting and back |
| Accountability | Each member is accountable to the Governor, who must investigate complaints about the Board or its members and may remove a member for malfeasance, misfeasance, neglect of duty, commission of a felony, drunkenness, incompetency, or permanent inability to perform official duties |
The Board also disciplines its own attendance. Rule 61G3-15.024, F.A.C., defines an unexcused absence as any absence other than one caused by serious illness of a member preventing attendance, death or serious illness of an immediate family member, or unavoidable travel delays or cancellations preventing attendance. The reason must be communicated to the Executive Director before the meeting and must be made part of the minutes of that meeting.
3. Organization, Meetings and Quorum — Section 476.064, F.S.
| Provision | Rule |
|---|---|
| Officers | The Board annually elects a chair and a vice chair from its own number |
| Headquarters | The Board maintains its headquarters in Tallahassee |
| Staff | The department appoints or employs necessary personnel; they need not be licensed barbers and may not be Board members |
| Meetings | The Board holds an annual meeting plus such other meetings during the year as it determines necessary; the chair may call other meetings at his or her discretion |
| Quorum | "A quorum of the board shall consist of not less than four members." |
| Rulemaking | The Board has authority to adopt rules pursuant to Sections 120.536(1) and 120.54, F.S., to implement Chapter 476 |
Exam Key — the quorum is four. Four of seven. Candidates who reason "a majority of seven is four" arrive at the right number by luck; the statute states it outright, and item writers offer three, five, and "a simple majority of those present" as distractors.
Public comment — Rule 61G3-15.025, F.A.C.
The Board wrote its own public-participation rule, and the numbers in it are exam-friendly:
- Public comment is taken after an agenda item is introduced at a properly noticed meeting.
- An individual is limited to three minutes.
- A group of five or more persons must have a single person speak on its behalf, and that speaker is limited to five minutes.
- Time spent responding to questions from Board members, staff, or Board counsel does not count against the limit.
- The chair may extend the time limits if time permits.
- A person or group wishing to be heard must notify board staff in writing, identifying the person or group, indicating support, opposition, or neutrality, and identifying the group's speaker. A pseudonym may be used by a person or entity that does not wish to be identified.
4. Board vs. Department: Who Does What
Section 476.074, F.S., allocates the operational functions unambiguously — and it gives all three to the Department:
"(1) The department shall provide all legal services needed to carry out the provisions of this act. (2) The department shall provide all investigative services required by the board or the department… (3) The department shall provide all inspection services."
| Function | Who |
|---|---|
| Legal services | Department (§ 476.074(1)) |
| Investigative services | Department (§ 476.074(2)) |
| Inspection services | Department (§ 476.074(3)) |
| Probable cause determination | Department (Rule 61G3-15.008, F.A.C.) |
| Issuing licenses | Department (§ 476.144(1), (3)) |
| Keeping the licensure record | Department (§ 476.144(4)) |
| Setting fees by rule | Board (§ 476.192(1)) |
| Establishing the passing grade | Board (§ 476.144(2); Rule 61G3-16.0010(3)) |
| Specifying examination competency areas and weights | Board (§ 476.134(2)) |
| Certifying applicants as qualified | Board (§ 476.144(1)–(2)) |
| Rules for barbershop licensure and operation | Board (§ 476.184(2), (9)) |
| Final orders and discipline | Board (§ 476.204(2)) |
Exam Key: Rule 61G3-15.008, F.A.C., is one sentence and it is counter-intuitive: "The determination as to whether probable cause exists to believe that a violation of the provisions of Chapters 455 and 476, F.S., or of the rules promulgated thereunder has occurred, shall be made by the Department of Business and Professional Regulation." Many Florida boards seat a two-member probable cause panel of board members. The Barbers' Board has delegated that determination to the Department by rule.
5. Examination Authority — Section 476.134, F.S.
The Board's power over the examination itself is worth isolating, because it explains where the blueprint you are studying comes from:
- Examinations of applicants shall be offered not less than four times each year.
- The examination shall include a written test.
- The Board shall adopt rules specifying the areas of competency to be covered, and those rules shall include the relative weight assigned in grading each area — this is the statutory authority for the seven weighted categories in Rule 61G3-16.0010(2), F.A.C.
- All areas tested shall be reasonably related to the protection of the public and to the applicant's competency to practise without endangering the public.
- The written examination is identifiable by number only until grading is complete, and each applicant is informed of the grade as soon as practicable.
- An accurate record of each examination shall be made and kept for reference and inspection.
Connect the dots: Section 476.134(2) is why the seven content areas exist and why each has a published weight. When an exam item asks where the 30% / 25% / 15% / 10% / 10% / 5% / 5% split comes from, the chain is Section 476.134(2), F.S. → Rule 61G3-16.0010(2), F.A.C. → the DBPR Candidate Information Booklet.
Under Section 476.054, Florida Statutes, what is the required composition of the Barbers’ Board?
Section 476.064(3), Florida Statutes, addresses Board meetings. What constitutes a quorum of the Barbers’ Board?
A consumer complaint about a Florida barbershop is investigated and the file is complete. Under Rule 61G3-15.008, F.A.C., who determines whether probable cause exists to believe a violation occurred?
Under Rule 61G3-15.025, F.A.C., a group of eight members of the public wishes to address the Barbers’ Board on an agenda item. What does the rule require?