The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: SB 1176
INTRODUCER: Senator Stewart
SUBJECT: Barber Services
DATE: April 2, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Oxamendi Imhof RI Favorable
2. Reeve McKay CM Favorable
3. Oxamendi Phelps RC Favorable
I. Summary:
SB 1176 permits a barber to shampoo, cut, or arrange hair in a location other than a registered
barbershop without arranging the barber service through a registered barbershop. Current law
requires arrangements for the performance of barber services in a location other than a registered
barbershop to be made through a registered barbershop.
The bill takes effect July 1, 2021.
II. Present Situation:
Barbering in Florida
Barbers and barbershops in Florida are regulated by ch. 476, F.S., known as the Barbers’ Act
(act), and licensed by the Barber’s Board (board) under the Department of Business and
Professional Regulation (DBPR).
The act defines barbering as any of the following practices when done for payment by the public:
shaving, cutting, trimming, coloring, shampooing, arranging, dressing, curling, or waving the
hair or beard, or applying oils, creams, lotions, or other preparations to the face, scalp, or neck,
either by hand or by mechanical appliances.1
1
Section 476.034(2), F.S. The term does not include those services when done for the treatment of disease or physical or
mental ailments.
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Licensing
An applicant for licensure as a barber must pass an examination. To be eligible to take the
examination, an applicant must:2
Be at least 16 years of age;
Pay the application fee;3 and
Hold an active valid license to practice barbering in another state for at least 1 year and not
qualify for licensure by endorsement,4 or have received a minimum of 900 hours of specified
training at a certain barbering school or program.
The board is authorized to establish by rule a procedure for a barber school or program to certify
that an applicant is qualified to take the examination after completing a minimum of 600 actual
school hours. If such an applicant passes the examination, the required 900 training hours is
deemed satisfied; failing the examination requires the applicant to complete the full 900 hours.5
Alternatively, a person may apply for and receive a “restricted license,” which authorizes the
licensee to practice only in areas in which they have demonstrated competency pursuant to the
rules of the board. An applicant for a restricted license must: 6
Complete a restricted barber course at a barbering school or program; or
Hold, or have held within the last 5 years, an active barber license in another state; or
Have held a Florida barber license declared null and void for failure to renew the license.7
Applicants must not have been disciplined relating to the practice of barbering in the past 5 years
and must pass a written examination on the laws and rules governing the practice of barbering in
Florida, as established by the board.8
Barbers must complete an education course by the board on HIV and AIDS as part of licensure
or biennial license renewal.9
Performance of Barber Services
A barbershop, defined as “any place of business wherein the practice of barbering is carried
on,”10 must be licensed by the DBPR in order to operate. Barbershops are inspected periodically
by the DBPR in accordance with sanitary standards set forth by the board.11
Generally, barber services may only be performed by licensed barbers in registered
barbershops.12 However, the board may establish rules allowing a licensed barber to perform
2
Section 476.114(2), F.S.
3
See Fla. Admin. Code R. 61G3-20.002.
4
See s. 476.144(5), F.S.
5
Supra note 2.
6
Section 476.144(6), F.S.
7
Section 476.154, F.S., requires each barber that continues in active practice to renew their license biennially.
8
Supra note 6.
9
Section 455.2228, F.S.
10
Section 476.034(3), F.S.
11
Section 476.184, F.S.
12
Section 476.188(1), F.S.
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barber services in a location other than a registered barbershop, such as a nursing home, hospital,
or residence, when a client or resident of such a facility is unable to go to a registered barbershop
due to ill health.13
Arrangements for the performance of such barber services in a location other than a registered
barbershop must be made through a registered barbershop.14 The registered barbershop must
record the name of the client and the address at which the services are to be performed in the
appointment book of the barbershop, which must remain at the barbershop and made available to
any investigator or inspector of the DBPR.15
Licensed barbers may perform barber services for a manufacturer trade show demonstration, for
an education seminar, or in connection with the motion picture, fashion photography, theatrical,
or television industries at a location other than a registered barbershop without arranging the
services through a registered barbershop.16
Cosmetology in Florida
Generally, cosmetology services must be performed by a cosmetologist or a specialist in a
licensed cosmetology salon. However, cosmetologists and specialists are permitted to perform
hair shampooing, hair cutting, hair arranging, nail polish removal, nail filing, nail buffing, and
nail cleansing in a location other than a licensed salon.17
A cosmetologist or specialist was previously prohibited from performing cosmetology services
outside a salon except in limited circumstances and was required to make arrangements through
a salon for services provided outside the salon, similar to the current requirements for barbers. In
2020, the law was changed to allow cosmetologists and specialists to perform a limited number
of cosmetology services outside of a salon and to do so without making such arrangements
through a salon.18
III. Effect of Proposed Changes:
The bill amends s. 476.188, F.S., to permit a barber to shampoo, cut, or arrange hair in a location
other than a registered barber shop without arranging the barber service through a registered
barbershop.
The bill takes effect July 1, 2021.
13
If such services are performed on employees or persons who do not reside in the facility, or any other nonqualified persons,
the location must be a licensed barbershop. See Fla. Admin. Code R. 61G3-19.010(2).
14
Section 476.188(2), F.S.
15
Fla. Admin. Code R. 61G3-19.010(1).
16
Section 476.188(3), F.S.
17
Section 477.0263, F.S.
18
Chapter 2020-160, s. 37, Laws of Fla.
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IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 476.188 of the Florida Statutes.
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IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Statutes affected: S 1176 Filed: 476.188