3.4 Prohibited Acts, Violations & Statutory Penalties

Prohibited Acts, Violations & Statutory Penalties

Statutory Authority: Florida Statutes (F.S.) Section 476.194, Section 476.204, Chapter 455 & Florida Administrative Code (F.A.C.) Rule 61G3-21.

To safeguard the public and uphold the integrity of the barbering profession, Florida law strictly delineates prohibited acts, statutory infractions, and administrative violations. Disciplinary enforcement operates across two distinct legal tracks:

1. Criminal Prosecutions: Enforced through Florida State Courts and local State Attorneys for misdemeanor offenses under Section 476.194, F.S.
2. Administrative Disciplinary Proceedings: Enforced through the Department of Business and Professional Regulation (DBPR) and the Florida Barbers' Board under Section 476.204, F.S., Chapter 455, F.S., and Rule 61G3-21, F.A.C.

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1. Statutory Prohibited Acts (Section 476.194 F.S.)

Section 476.194(1), Florida Statutes, enumerates exactly five unlawful acts — lettered (a) through (e). Count them. Florida exam items regularly offer a plausible sixth or seventh "prohibited act" that actually lives somewhere else in the statutes, and the candidate who has memorized the real five will spot it instantly.

The 5 Statutory Prohibited Acts — Section 476.194(1), F.S.

Exam Trap — three things that are NOT in Section 476.194.

1. Practicing with a contagious disease. That is a ground for discipline under Section 476.214(1)(b), F.S. — "practice by a person knowingly having an infectious or contagious disease" — not a Section 476.194 prohibited act.
2. Advertising without the shop license number. Chapter 476 contains no advertising-license-number provision at all. (Chapter 477, F.S., governing cosmetology, is the chapter that carries a separate advertising rule; do not import it.)
3. Gross malpractice or gross incompetency. Also a Section 476.214(1)(a) disciplinary ground, not a Section 476.194 crime.

Section 476.194(1)(e) is about using a suspended or revoked license — nothing else.

┌────────────────────────────────────────────────────────────────────────┐
│                     SECTION 476.194 F.S. PROHIBITED ACTS               │
├────────────────────────────────────────────────────────────────────────┤
│  (a) Practicing barbering without an active barber license            │
│  (b) Hiring or employing an unlicensed person to practice barbering   │
│  (c) Obtaining a license by money, thing of value, or misrepresentation│
│  (d) Owning/operating an unlicensed barbershop, OR a barbershop where  │
│      an unlicensed person is permitted to perform services            │
│  (e) Using or attempting to use a suspended or revoked license        │
│  ────────────────────────────────────────────────────────────────────  │
│  CRIMINAL CLASSIFICATION: Misdemeanor of the Second Degree             │
│  MAXIMUM PENALTY: Up to 60 Days Jail and/or $500 Criminal Fine         │
└────────────────────────────────────────────────────────────────────────┘

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2. Criminal Misdemeanor Penalties (Section 476.194(2) F.S.)

Under Section 476.194(2), Florida Statutes, any person who commits any of the prohibited acts enumerated in Section 476.194(1) commits a misdemeanor of the second degree.

Under the Florida Criminal Code (Sections 775.082 and 775.083, Florida Statutes), a conviction for a second-degree misdemeanor carries the following statutory criminal penalties:

• Incarceration: A term of imprisonment in the county jail not to exceed 60 days.
• Criminal Fine: A fine not to exceed $500 per count or conviction.
• Criminal Record: A formal criminal conviction on the individual's permanent criminal history record.

Enforcement Mechanics: DBPR Division of Regulation field investigators work in coordination with local police departments, county sheriffs, and the State Attorney's Office to execute sting operations and file criminal affidavits against unlicensed barbers and illegal shop operations.

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3. Grounds for Administrative Discipline (Section 476.204 F.S.)

In addition to criminal sanctions, the Florida Barbers' Board possesses direct administrative jurisdiction under Section 476.204, Florida Statutes, and Section 455.227, Florida Statutes, to discipline licensed barbers, restricted barbers, and barbershops for the following administrative infractions:

• Gross Malpractice or Incompetence: Demonstrating gross negligence, unskillfulness, or incompetence in performing barbering services.
• Sanitation & Sterilization Violations: Failing to maintain required EPA-registered hospital-grade disinfectant immersion containers, closed linen storage, covered soiled-towel receptacles, or hot and cold running water at the shampoo bowl.
• Workstation License Display Violations: Failing to display the original active barber license with a laminated 2-inch by 2-inch photograph at the workstation, in violation of Rule 61G3-19.009(1), F.A.C.
• Practicing Beyond Scope: A restricted barber performing chemical hair relaxing, waving, or coloring services.
• Failure to Comply with Board Orders: Failing to pay administrative fines, complete required remedial education, or cooperate with lawful DBPR investigations.

Section 476.214, F.S. — Grounds for Suspension, Revocation or Refusal

Section 476.214(1), F.S., is short enough to memorize outright. The Board may revoke, suspend, reprimand, censure, deny subsequent licensure, or otherwise discipline for exactly three causes:

1. Gross malpractice or gross incompetency in the practice of barbering. Rule 61G3-21.013, F.A.C., supplies one concrete definition: it is gross malpractice or incompetency for a barber to provide barber services to the public while under the influence of intoxicating drugs or alcohol as measured by Section 316.1934, F.S.
2. Practice by a person knowingly having an infectious or contagious disease.
3. Commission of any of the offenses described in Section 476.194.

Section 476.214(3), F.S., adds a collection hook that surprises many licensees: the Department may not issue or renew any license to a person or barbershop against whom the Board has assessed a fine, interest, or investigative and prosecution costs until those amounts are paid in full or the final order is otherwise satisfied.

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4. The DBPR Administrative Complaint Process

Administrative enforcement follows strict procedural steps governed by Chapter 120, Florida Statutes (The Administrative Procedure Act):

┌────────────────────────────────────────────────────────────────────────┐
│               DBPR ADMINISTRATIVE DISCIPLINARY WORKFLOW                │
│                        (Chapter 120 / 455 F.S.)                        │
├────────────────────────────────────────────────────────────────────────┤
│  1. Filing of Complaint (Consumer, inspector, or board-initiated)      │
│  2. DBPR Investigation (Evidence gathering & sworn witness interviews) │
│  3. DBPR probable cause determination (Rule 61G3-15.008, F.A.C.)       │
│  4. Formal Administrative Complaint (AC served on the licensee)        │
│  5. Election of Rights (Licensee chooses response option):             │
│     • Option A: Formal Hearing before DOAH Administrative Law Judge    │
│       (Used when licensee DISPUTES material facts)                     │
│     • Option B: Informal Hearing before Florida Barbers' Board         │
│       (Used when licensee DOES NOT dispute material facts)             │
│     • Option C: Settlement / Consent Agreement                         │
│  6. Final Order Issued by Florida Barbers' Board                       │
│  7. Judicial Review / Appeal to Florida District Court of Appeal       │
└────────────────────────────────────────────────────────────────────────┘

Who Decides Probable Cause

For the Barbers' Board this is settled by rule rather than by a member panel. Rule 61G3-15.008, F.A.C., provides that the determination whether probable cause exists to believe a violation of Chapters 455 and 476, F.S., or the rules adopted under them has occurred shall be made by the Department of Business and Professional Regulation. If the Department finds reasonable grounds, DBPR counsel files a formal Administrative Complaint; if not, the matter is dismissed or closed with a letter of guidance.

Licensee Election of Rights

Upon receipt of an Administrative Complaint, the licensee has 21 days to submit an Election of Rights:

• Disputed Facts (Formal Hearing): If the licensee contests the factual allegations, the matter is referred to the Division of Administrative Hearings (DOAH). An independent Administrative Law Judge (ALJ) conducts a trial-style evidentiary hearing and submits a Recommended Order to the Board.
• Undisputed Facts (Informal Hearing): If the licensee does not contest the facts, they appear directly before the full Barbers' Board to present mitigating evidence before the Board issues its Final Order.

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5. Board Disciplinary Guidelines & Penalty Schedule

Under Rule 61G3-21, Florida Administrative Code, the Barbers' Board established standard disciplinary guidelines setting administrative fines and sanctions based on the severity and frequency of the violation:

The single number to memorize: Section 476.204(2)(c), F.S., authorizes an administrative fine not to exceed $500 for each count or separate offense. There is no $1,000 administrative fine anywhere in Chapter 476. Where a licensee ends up owing more than $500, it is because the Board charged multiple counts — not because it exceeded the per-count ceiling.

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6. Types of Administrative Penalties (Section 455.227(2) F.S.)

The Florida Barbers' Board may impose one or more of the following disciplinary sanctions in its Final Order:

1. Revocation: Permanent or long-term termination of the license.
2. Suspension: Temporary prohibition against practicing for a specified period (e.g., 30 days to 2 years).
3. Administrative Probation: Allowing practice under supervised conditions, mandatory quarterly reports, or unannounced inspections.
4. Formal Reprimand: A public censure entered onto the licensee's permanent public DBPR record.
5. Administrative Fines: Financial penalties of up to $500 for each count or separate offense (Section 476.204(2)(c), F.S.). Multiple counts may be stacked, but no single count may exceed $500.
6. Refusal to Certify an Applicant: Section 476.204(2)(e), F.S., allows the Board to refuse to certify to the Department an applicant for licensure.

Revocation is presumptively permanent. Under Rule 61G3-21.010, F.A.C., unless the order of revocation says otherwise, a revocation is permanent — but the person may reapply after three (3) years. Mitigating and aggravating circumstances existing at the time of revocation are weighed to decide whether to alter the three-year wait. A reapplying former licensee must satisfy the licensure requirements in place at the time of reapplication and must appear personally before the Board.