7.2 Florida DBPR Rules and Board Structure (61G5)

The administration and enforcement of cosmetology regulations in Florida rely on a dual structure consisting of the Department of Business and Professional Regulation (DBPR) and the Florida Board of Cosmetology. While the Board establishes the administrative rules, the DBPR acts as the executive agency that executes these rules, manages licensure databases, collects fees, and conducts inspections and investigations.

The Role of the DBPR in Licensing and Enforcement

The DBPR is responsible for licensing all business sectors and professionals regulated by the state of Florida, including cosmetology. The Department performs several key administrative functions:

• Application Processing: The DBPR receives and processes applications for individual cosmetologist licenses, specialist registrations, and salon licenses.
• Fee Collection: The DBPR collects all fees associated with initial licensure, renewals, and unlicensed activity fees.
• Investigation: The DBPR employs inspectors and investigators who conduct routine inspections of cosmetology salons and investigate complaints filed against licensed and unlicensed individuals.
• Prosecution: When investigations reveal violations of law or rule, the DBPR prosecutes the cases through its legal department, presenting evidence to the Board of Cosmetology for final action.

Rulemaking Authority of the Board of Cosmetology

Under Chapter 477, the Florida Board of Cosmetology is granted the authority to promulgate rules. These rules are codified under Chapter 61G5 of the Florida Administrative Code (F.A.C.). The rulemaking process allows the Board to respond to changing industry practices, technological advancements, and public health concerns. The Board determines:

• Sanitation and Disinfection Standards: The specific chemical concentrations and processes required to sanitize and disinfect salon tools and workstations.
• Curriculum Guidelines: The educational frameworks and service minimums that cosmetology schools must teach.
• Disciplinary Guidelines: The standard penalties for specific violations, ensuring consistency in enforcement.

Unlicensed Activity and Enforcement Mechanisms

Operating without a license is a serious threat to public safety and is heavily regulated under Florida law. Unlicensed activity refers to any individual practicing cosmetology or specialty services for compensation without a valid license or registration, or any business operating a cosmetology salon without a salon license.

The DBPR utilizes several tools to combat unlicensed activity:

1. Inspections: DBPR investigators have the right to enter and inspect any salon during normal business hours to verify that all working practitioners are licensed and that the salon license is active.
2. Citations: For minor violations, investigators can issue immediate citations on-site. Citations include a description of the violation and a financial penalty that must be paid.
3. Notices of Noncompliance: For first-time, minor violations that do not endanger public health, the DBPR may issue a notice of noncompliance, giving the salon owner or practitioner 15 days to correct the issue without a fine.
4. Administrative Complaints: For serious or repeat violations, the DBPR files a formal administrative complaint, initiating a legal process that can lead to hearings and significant penalties.

Penalties and Disciplinary Guidelines

The Board of Cosmetology maintains a structured penalty schedule under Rule 61G5-30.001, F.A.C. This guide ensures that disciplinary measures match the severity of the offense. Administrative penalties can include fines, probation, suspension, or permanent revocation of a license.

• Practicing Without a License: Individuals caught practicing cosmetology without a license face an administrative fine of $500. Additionally, the state can refer the matter to local law enforcement, as unlicensed practice is a second-degree misdemeanor in Florida.
• Operating an Unlicensed Salon: Salon owners operating without a salon license are subject to a $500 fine.
• Failure to Clean and Disinfect: Salons that fail to clean and disinfect tools properly are fined $50 per violation (up to a maximum of $500).
• Working with an Expired License: Practitioners working with an expired or inactive license face a fine of $50 per month of inactive practice, up to a maximum of $500.

Administrative Hearings

If a practitioner or salon owner receives an administrative complaint from the DBPR, they have the right to a hearing. In Florida, these disputes are resolved in two ways:

• Informal Hearing: If the licensee does not dispute the facts of the case, they can appear before the Board of Cosmetology at an informal hearing to explain mitigating circumstances and receive a final order.
• Formal Hearing: If the licensee disputes the facts, the case is referred to an Administrative Law Judge (ALJ) from the Division of Administrative Hearings (DOAH). The judge conducts a trial-like hearing and issues a recommended order, which the Board of Cosmetology then reviews to issue a final order.