Ch. 476 BARBERS Ch. 476 (f) District 6, consisting of ... · Ch. 476 BARBERS Ch. 476 (f) District...

Ch. 476 BARBERS Ch. 476

(f) District 6, consisting of Collier, Monroe, and Dade Counties.

(2) Each member shall be a practical barber who has followed the occupation ofbarbering in the state for at least 5 years. No person shall be appointed to the commission or as an inspector, investigator or clerical appointee who is in any way connected with the manufacture, rental, sale or distribution of barber equipment and supplies; and no person connected with a school ofbarbering in any capacity shall be eligible to serve on the commission.

(3) Within 30 days after May 31, 1963, the governor shall appoint seven eligible and qualified persons to be members of the board as follows:

(a) One member from district 1 for 1 year. (b) One member from district 2 for 4 years. (c) One member from district 3 for 3 years. (d) One member from district 4 for 1 year. (e) One member from district 5 for 2 years. (f) One member from district 6 for 4 years. (g) One member from the state at large for 1

year. (4) Annually, thereafter, as the terms of the

members expire, the Governor shall appoint successors for a period of 4 years and such members shall serve until their successors are appointed and qualified, but the Governor may remove any member for cause.

(5) No person shall be appointed to serve more than two consecutive terms. A vacancy resulting from any cause other than the expiration of the term shall be filled for the unexpired term by appointment by the Governor.

History.-s. 20, ch. 19183, 1939; CGL 1940 Supp. 4151(41); s. 1, ch. 57-375; s. 6, ch. 63-251; ss. 30, 35, ch. 69-106; ss. 2-4, ch. 72-383.

476.18 Organization, quarters, seal, employees, compensation and reports of commission; quorum; bond of secretary; director.-

(!) The commission shall elect a president and a secretary. The secretary may, or may not, be a member of the commission. The commission shall maintain its headquarters in Tallahassee, Leon County, and at its own expense. The commission shall adopt and use a common seal for the authentication of its orders and records, and its secretary shall keep a record of all proceedings of the commission.

(2) The secretary shall give to the state a bond in the sum of $5,000, with sufficient sureties, to be approved by the commission for the faithful performance of his duties. A majority of the commission in meeting duly assembled may perform and exercise all the duties and powers devolving upon the commission. The commission shall meet at least once each month. An assistant attorney general shall be present at any meeting when general policies are changed.

(3) Each member of the commission shall receive a salary of $100 per month and shall receive per diem and mileage as provided in s. 112.061 from the place of their residence to the place of meetings and the return therefrom.

(4) The commission may appoint or employ such other personnel, including but not limited to an executive director, as may be necessary to assist the commission in doing and performing all of its powers, duties, and obligations as set forth in this chap-

ter; provided, however, that all duties and responsibilities delegated to the executive director by this chapter or by the commission shall be performed by the executive director under the direction and authorization of the commission. The executive director shall be subject to all ofthe provisions of chapter 110, and to all rules and regulations adopted by the Department of Administration. The commission shall report annually to the Governor a full statement of its work during the year, and shall transfer all surplus funds at the end of each year to the State Agency Fund.

History.-s. 21, ch. 19183, 1939; CGL 1940 Supp. 4151(42); s. 27, ch. 28215, 1953; s. 24, ch. 57-1; s. 7, ch. 63-251; ss. 31, 35, ch. 69-106; s. 1, ch. 69-375.

476.19 Receipts and their disposition.-All moneys collected by the commission from fees prescribed or authorized to be charged by this chapter, shall be paid to the secretary of the commission, who shall give a receipt for the same. Such moneys shall be deposited and expended pursuant to the provisions of s. 215.37. Sufficient moneys shall be expended in accordance with law for all necessary and proper expenses in carrying out the provisions of this chapter upon proper claim approved by said commission, or a finance committee thereof.

History.-s. 22, ch. 19183, 1939; CGL 1940 Supp. 4151(43); s. 115, ch. 26869, 1951; s. 28, ch. 28215, 1953; s. 18, ch. 61-514.

Note.-See s. 20.30(5) as to administrative functions that may be assigned to the Bureau of Records Administration, Department of Professional and Occupational Regulation. cf.-s. 215.37 Examining and licensing boards to be financed from fees collect

ed; moneys deposited in trust funds; 10 percent to general revenue fund; appropriation.

476.20 Power of municipalities to regulate barbering.-Nothing contained in this chapter shall be construed to prevent any municipal government in this state from passing and enforcing reasonable laws and regulations governing the barber practice within its limits.

History.-s. 23A, ch. 19183, 1939; CGL 1940 Supp. 4151(45).

476.21 Records of commission.-The commission shall keep a record of its proceedings relating to the issuance, refusal, renewal, suspension and revocation of certificates of registration. This record shall also contain the name, place of business and residence of each registered barber and registered apprentice and the date and number of his certificate of registration. This record shall be open to the public at all reasonable times.

History.-s. 24, ch. 19183, 1939; CGL 1940 Supp. 4151(46). Note.-See s. 20.30(5) as to administrative functions that may be assigned

to the Bureau of Records Administration, Department of Professional and Occupational Regulation.

476.22 Rules and regulations; inspections; etc.-

(1) The following rules and regulations shall govern the conduct of barbers and barber colleges in fixing standards of sanitation and cleanliness, and shall be enforced by the Barbers' Sanitary Commission.

(a) No barber, barber teacher, apprentice, or student shall be allowed to practice in the state if he is infected with, and in a communicable stage of the following conditions or diseases: tuberculosis, ringworm of the skin or scalp, pediculosis, scabies, favus, impetigo, diphtheria, streptococcal sore throat, venereal disease, influenza, herpes zoster, smallpox,

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typhoid fever, or other diseases capable of being communicated from person to person, and no patron showing evidence of any such disease shall be served by any person practicing barbering, or by any other person, in any barbershop or barber school until he presents a current statement from a physician to the effect that such disease or infection is not communicable.

(b) The medical certificate required in ss. 476.01 and 476.08 shall include the name of the laboratory, number, date, and result of serology for syphilis and chest X-ray. ·

(c) The commission may at any time require any barber, barber teacher, apprentice or student to produce a certificate by a physician, licensed as such under the laws of this state, certifying that such barber, barber teacher, apprentice, or student, is free from any contagious or infectious disease, which certificate shall, when required by the commission, state the name of the laboratory at which blood tests were made and the serial number of the report on such test or tests.

(d) After the handling of a customer affected with any eruption, or whose skin is broken out, or is inflamed or contains pus, the hands ofthe attendant shall be disinfected immediately. This shall be done by thorough washing with soap and water, followed by rinsing in alcohol (70 to 80 percent) or by the use of some equally efficient disinfectant.

(e) No person practicing barbering in any capacity shall remove, or attempt to remove warts or moles or treat, or attempt to treat, any disease of the skin, scalp, or other disease.

(f) Every person practicing barbering in any capacity shall wash his hands thoroughly with soap and water before serving each patron.

(g) No owner or manager of a barbershop or barber school shall allow any dog, cat, bird, or other pet where the practice of barbering is performed.

(h) No owner or manager shall control or operate a barbershop or barber school unless such barbershop or barber school, together with all furniture, equipment, tools, utensils, floors, walls, and ceilings, is clean and sanitary and well lighted and ventilated during all hours of operation.

(i) No owner or manager shall control or operate a barbershop or barber school unless all bathrooms, toilets and other adjoining rooms are kept clean and in a sanitary condition; unless all bathtubs are thoroughly washed and cleaned after each patron's or person's use; unless individual soap, washcloths, and clean towels are furnished each patron; and unless all bathrooms are kept free and clear of used brushes, sponges, washcloths, and towels between use of patrons or persons.

(j) No owner or manager shall control or operate a barbershop or barber school unless all clean towels and linens used in the practice of bar bering therein are kept in a closed container or compartment, protected from dust and dirt.

(k) No owner or manager shall control or operate a barbershop or barber school unless such barbershop or barber school is equipped with at least one lavatory for each two barber chairs in said barbershop or barber school, and said lavatory shall be

installed m the most convenient place for said chairs.

(1) And it shall be unlawful: 1. For any barber or apprentice to knowingly

continue the practice ofbarbering or for any student knowingly to continue as a student in any school of barbering while such person has an infectious, contagious, or communicable disease.

2. To own, manage, operate or control any barbershop or barber school unless continuously hot and cold running water be provided for therein.

3. To own, manage, operate, or control any barber school, or part or portion thereof, whether connected therewith or in a separate building wherein the practice ofbarbering is engaged in or carried on unless all entrances to the place wherein the practice of bar bering is so engaged in or carried on shall display a sign indicating that the work therein is done by students exclusively.

4. To own, manage or control or operate any barbershop unless there is displayed a recognized sign indicating that it is a barbershop, which said sign shall be clearly visible at the main entrance to said shop.

5. To use upon one patron a towel that has been used upon another patron unless and until the towel has been relaundered.

6. To fail to provide the headrest on each chair with a relaundered towel or a sheet of clean paper for each patron.

7. To fail to place around the patron's neck a strip of cotton, towel or neckband so that the haircloth does not come in contact with the neek or skin of the patron's body.

8. To use on any patron any razor, scissors, tweezers, combs, rubber discs, or parts of vibrators used on another patron unless the same be:

a. Immersed in a 2 percent carbolic acid solution, or its equivalent, for a period of not less than 15 minutes; or

b. Placed in boiling water at a temperature of 212 degrees Fahrenheit for a period of not less than 15 minutes; or

c. Placed in a closed compartment or cabinet containing fumes from a 40 percent formaldehyde solution, for a period of not less than 15 minutes; or

d. Placed in an ultra-violet ray sterilizing cabinet containing bactericidal2537 A radiation for aperiod of 15 minutes, or for a period as recommended by the manufacturers of such radiation lamp, sufficient to equal the germicidal and organism destruction of 2 percent carbolic acid solution, or its equivalent.

e. Cleaned and prepared for use by any other method that shall be the equivalent in germicidal or organism destructive effect of a 2 percent carbolic acid solution used for 15 minutes, as provided in (a).

After complying with any of the above requirements, the razors, scissors, tweezers, combs, rubber discs, or parts of vibrators may then be placed and kept in a clean, closed cabinet until next ready for use.

(2) Any member of the Barbers' Sanitary Commission or its agents or assistants may enter into and inspect any barbershop or barber college at any time during business days and hours.

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(3) The Barbers' Sanitary Commission may, from time to time, make such recommendations to the Legislature concerning sanitation and cleanliness as it may be advised will protect the public health and promote sanitation and cleanliness in the barbershops of Florida.

Histor y.-s. 23, ch. 19183, 1939; CGL 1940 Supp. 4151(44); s. 1, ch. 57-137.

476.221 Barbershop registration; requirements; fee.-Every person, whether as owner, manager, or agent, who opens or establishes a barbershop, place, or establishment in this state shall, prior to opening or establishing of such shop, place, or establishment, file with the Florida Barbers' Sanitary Commission the name and address of the owner of such shop and the city or town and the street and number where the same is located, together with a fee of $25. The commission shall furnish the applicant with filing forms upon request for registration. Upon receipt of the completed form and the fee, the Florida Barbers' Sanitary Commission shall issue a certificate of registration for a period of 1 year. Said registration shall be renewed during the period June 1 through July 31 of each year, upon payment of a renewal fee of $15. In the event of a change of location or ownership of any registered barbershop and upon notice thereof and filing a fee of $25 with said commission, the commission shall issue a transfer of the certificate of registration of such shop to its new location or new owner, the fee to be paid for the restoration of an expired certificate is $25.

History.-s. 1, ch. 63-483; s. 3, ch. 70-104; s. 3, ch. 75-119. Note.-See s. 20.30(5) as to administrative functions that may be assigned


476.222 Barbershop registration; revocation.--

(1) The commission may suspend or revoke any certificate of registration to practice barbering of any person either as owner or operator, manager or agent, who shall open, establish, conduct or maintain a shop, place, or establishment in this state for the conduct of the occupation of barbering without first having received from the commission a certificate of registration for such barbershop or establishment.

(2) Before any such certificate is suspended or revoked, the holder thereof shall be given written notice of such suspension or revocation and shall, at a day specified in such notice, at least 15 days after the service thereof, be given a public hearing.

(3) Such person may, at any time before the day specified in such notice, apply for a barbershop registration certificate, which shall be issued after payment of an additional fee of $10.

History.-s. 1, ch. 63-483.

476.23 False statements.-The willful making of any false statement as to material matter in any oath or affidavit which is required by the provisions of this chapter is perjury and constitutes a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.-CGL 1936 Supp. 7476(3); s. 19, ch. 19183, 1939; s. 422, ch. 71-136.

476.24 Offenses and penalties.-Each of the following shall constitute a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083:

(1) The violation of any of the provisions of s. 476.01.

(2) Permitting any person in one's employ, supervision, or control to practice as an apprentice unless that person has a certificate of registration as a registered apprentice.

(3) Obtaining or attempting to obtain a certificate of registration for money other than the required fee, or any other thing of value or by fraudulent misrepresentations.

(4) Practicing or attempting to practice by fraudulent misrepresentations.

(5) The willful failure to display a certificate as required by this chapter.

(6) The use of any room or place for barbering which is also used for residential or business purposes (except the sale of hair tonics, lotions, creams, toilet articles, cigars, tobacco, and such commodities as are used and sold in barbershops), unless a solid partition of ceiling height separates the portion used for residential or business purpose.

(7) A violation of any of the provisions of s. 476.22.

(8) The willful failure by any owner or manager of a barbershop to display the copy ofs. 476.22, with rules and regulations as provided in this chapter.

The commission is specifically given the authority to enforce this law by injunction.

History.-s. 18, ch. 19183, 1939; CGL 1936 Supp. 8135(4); s. 423, ch. 71-136.

476.25 "Commission" defined.-As used in ss. 476.26-476.32 unless otherwise expressly stated, or unless the context or subject matter otherwise require, "commission" means the Barbers' Sanitary Commission.

History.-s. 2, ch. 20425, 1941.

476.26 Legislative findings and statement of policy.-This law is enacted in the interest of the public health, public safety, and general welfare; that the occupation of barbering and the operation of barbershops is hereby declared to be affected with a public interest; that in order to attain the purposes of this law in promoting and conserving fair competition and salutary and sanitary practices among barbers and barbershops, reasonable minimum charges should prevail for services customarily performed by barbers in barbershops and reasonable opening and closing hours for barbershops should be established under the provisions hereof.

History.-s. 1, ch. 20425, 1941.

476.27 Powers.-(1) Whenever a petition signed by 66% percent of

all the barbers holding certificates of registration and regularly engaged in barbering in any county of the state is filed with the commission and it appears therefrom to the Barbers' Sanitary Commission that unfair or unreasonable economic practices prevail among barbers or barbershops in such county, which may tend to make insecure the economic status of the barbers therein, or that the hours of operation of

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barbershops in such county are unreasonably long or irregular and tend to make difficult adequate and timely sanitary inspection or tend to impair the health or efficiency of barbers or to endanger the health or safety of their patrons, it shall be the duty of the commission to investigate and determine whether the conditions or practices above mentioned, or any of them, prevail in such county and if found to exist or to be threatened by conditions existing therein, the commission may, by official order, after due notice and hearing as provided for herein, promulgate scales of reasonable minimum prices to be charged for barber services in such county and may establish reasonable opening and closing hours for barbershops therein and may make and promulgate such other reasonable orders, rules, and regulations as may be calculated to promote the purposes of this law as herein expressed.

(2) The board may in its discretion establish zones in a county with appropriate varying prices therein.

History.-ss. 3, 3A, ch. 20425, 1941. cf.-Robbins v. Webb's Cutrate Drug Store, 16 So.2d 121 (1944).

476.28 Investigations, procedure.-(!) The practice and procedure of the commission

with respect to any investigation authorized by this law shall be in accordance with rules and regulations to be promulgated by the commission, which shall provide for reasonable notice to all persons affected by 9rders to be made by the commission, and opportunity to be heard either in person, or by counsel, and to introduce testimony in their behalf at any hearing to be held for that purpose.

(2) After receipt of the petition provided for ins. 476.27 and at least 30 days before making any order promulgating a scale of minimum service charges or opening or closing hours, the commission shall adopt a resolution to investigate barbering and barbershop conditions in such county and within 5 days after such resolution is adopted the commission shall cause written notices thereof to be mailed to the last known address of all barbers holding certificates of registration, residing and then regularly engaged in barbering in such county, and all barbershops operating within such county, as shown by the files of the commission, notifying them of the adoption of such resolution and fixing a time and place for the hearing of evidence as to conditions existing in such county.

(3) For the purpose of such investigation or of any hearing on any matter covered by this law or by any rule, regulation, or order of the commission, the commission or any member thereof, shall have the power to administer oaths, take depositions, issue subpoenas, compel the attendance of witnesses, and the production of books, papers, documents, and other evidence. In case of disobedience of any person in complying with any order of the commission, or a subpoena issued by the commission, or any of its members, or on the refusal of a witness to testify to any matter regarding which he may be lawfully interrogated, the county court judge of the county in which the person resides, on application by any member of the commission, shall compel obedience by attachment proceedings as for contempt, as in the case of disobedience to a subpoena issued from such

court, or a refusal to testify therein. Each public officer who serves such subpoena shall receive the same fees as a sheriff for similar services and each witness who appears in obedience to a subpoena before the commission, or any member thereof, shall receive for his attendance the fees and mileage provided for witnesses in civil cases in the circuit courts of this state, and the bills therefor shall be audited and paid in the manner as other expenses are audited and paid by the commission. No witnesses subpoenaed at the instance of a party, other than those herein authorized to issue subpoenas, shall be entitled to compensation from the commission unless the commission shall certify that his testimony was material to the matter investigated.

(4) In making any investigation as to conditions existing in the occupation of barbering and in barbershops, the commission shall give due consideration to the costs incurred in the particular county under investigation with regard to adequacy of income of barbers and barbershop operators to assure full compliance with all sanitary regulations imposed by any law of this state and the commission shall give due consideration to healthful and reasonable working conditions and hours of service in barbershops.

History.-s. 4, ch. 20425, 1941; s. 26, ch. 73-334. cf.-s. 30.231 Fees of sheriffs.

s. 90.14 Compensation of witnesses in various courts.

476.29 Adoption and posting of rules.-The commission shall adopt and enforce all rules, regulations, and orders necessary to carry out the provisions of this law. All orders fixing minimum prices or opening and closing hours shall be printed and posted for public inspection in the office of the secretary of the commission, and notice thereof shall be mailed to the last known address of each barber holding a certificate of registration and barbershop directly affected by such order, but failure to receive such notice shall not relieve any person from the duty of compliance therewith.

History.-s. 5, ch. 20425, 1941.

476.30 Duration of orders.-All orders of the commission fixing schedules of prices to be charged for barber service or fixing opening and closing hours for barbershops, shall remain in force and effect until rescinded, modified, or replaced by a new order promulgated by the commission under the same procedure as provided herein for such original orders.

History.-s. 6, ch. 20425, 1941.

476.31 Revocation of certificates of registration, hearing.-For violation of any of the provisions of ss. 4 76.25-4 76.32 or of any rule, regulation, or order promulgated hereunder, the commission may decline to grant or renew a barber's certificate of registration or may suspend or revoke such certificate of registration, if already granted. If the commission shall refuse to grant or renew a certificate of registration, it shall forthwith notify the applicant by mailing to him a copy of the order at his last known address as shown by the files of the commission and such applicant shall have 10 days from the date of the mailing of the notice within which time

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to request a public hearing upon his application. On receipt of such request the commission shall fix the time, place, and manner of holding such hearing under rules and regulations adopted by the commission, which shall provide for reasonable notice to the applicant, and reasonable opportunity for the applicant to appear in person or by counsel and to present his defenses to any charge that is to be heard by the commission. Before the commission shall suspend or revoke such certificate of registration it shall, under rules and regulations adopted by the commission, hold a hearing upon charges against the holder of such certificate of registration, and such rules and regulations shall provide for reasonable notice to the holder of a certificate of registration. Such holder of a certificate of registration shall be afforded reason-

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able opportunity to appear in person or by counsel and to present his defenses to any charge that is to be heard by the commission.

Hiatory.-s. 7, ch. 20425, 1941.

476.32 Service of order of commission.-Any order of the commission shall be served by the sheriff of the county in the same manner as summons is served in civil actions in the circuit court.

Hiatory.-s. 8, ch. 20425, 1941.

476.34 Administrative proceedings.-All hearings and other administrative proceedings shall be conducted under the provisions of chapter 120.

Hiatory.-s. 5, ch. 70-104.

Ch. 477

477.01 477.02

477.03

477.04

477.05

477.06

477.07

477.08

477.081 477.09

477.10

477.101

477.11

477.12

477.13

477.14

477.15

477.16 477.17 477.18

477.19

477.20

477.21

477.22 477.23

477.24

477.25 477.26 477.27 477.28 477.29

FLORIDA COSMETOLOGY LAW Ch. 477

CHAPTER 477

FLORIDA COSMETOLOGY LAW

Short title. Master cosmetologist, instructors of cos

metology, cosmetologist, specialists, manicurists and pedicurists required to be certified; regulations.

"Cosmetology," "cosmetology salon," "manicurist," and "pedicurist" defined.

Cosmetologists to practice under master cosmetologist.

Persons exempted from operation of chapter.

Qualifications for certificate as specialists, manicuring, pedicuring, etc.

Persons qualified to receive certificate as cosmetologist.

Schools of cosmetology; requisites; courses taught; enrollment of students.

Student instructor training program. Requirements as to applications for exami

nations. Examinations; times and places; to be in

theory and practice and to be written and oral.

Waiver of written examination for certain applicants.

Certificate issued to applicant with passing grade.

Prerequisites and qualifications of nonresident applicants.

Display of certificates; rules and regulations.

Renewal of certificates; date of expiration; required training for instructors; training course by board, availability to master cosmetologists.

Suspension or revocation of certificate; grounds.

Procedure for revocation, etc. Fees; duplicate certificates. State Board of Cosmetology; qualifications;

terms. Members of board appointed from dis

tricts. Board; organization; compensation; annu

al report; bond of secretary. Disposition of money received by board; ex

ecutive secretary. Board to keep records. Rules and regulations governing all cosme

tologists. Power of municipalities tG regulate cosme-

tology. Barber law unaffected by this chapter. False statements. Penalty for violation of chapter. Injunctions; when authorized. Transitory provisions.

Law," which shall govern the profession of cosmetology in the state.


477.02 Master cosmetologist, instructors of cosmetology, cosmetologist, specialists, manicurists and pedicurists required to be certified; regulations.-

( I) It shall be unlawful for any person to engage in the practice or attempt to practice cosmetology without a certificate of registration as a registered master cosmetologist, registered cosmetologist, or registered manicurist and pedicurist issued pursuant to the provisions of this chapter by the Board of Cosmetology, hereinafter established.

(2) No person shall teach or attempt to teach in a school of cosmetology, not operated as a part of the public school system, without a certificate of registration as an instructor of cosmetology, issued by the board.

(3) It shall be unlawful for any person, firm, or corporation to serve as a cosmetologist under a registered master cosmetologist without a certificate of registration as a registered cosmetologist issued by the board.

(4) It shall be unlawful for any person, firm, or corporation to operate a cosmetology salon unless such salon at all times be under the direct supervision and management of a registered master cosmetologist.

(5) It is unlawful for any person, firm, or corporation to operate a school of cosmetology, not operated as a part of the public school system, without a certificate of registration issued pursuant to the provisions of this chapter by the Board of Cosmetology hereinafter established and unless such school of cosmetology shall at all times be under the direct

· supervision and management of a registered instructor of cosmetology.

(6) It is unlawful for any person, firm, or corporation to hire or employ any person to engage in the practice of cosmetology as hereinafter defined, unless such person holds a valid, unexpired, and unrevoked certificate of registration to practice cosmetology or a certificate of registration as a registered master cosmetologist, registered cosmetologist, registered manicurist and pedicurist, or specialist or a permit to work issued by the board to graduates of Florida cosmetology schools after requirements for examination have been filed with the board. Such permit will be issued until the next examination given by the board and shall not be extended should the applicant fail to appear for the examination or fail any portion of the examination.

History.-s. 1, ch. 16800, 1935; CGL 1936 Supp. 4151(278); s. 1, ch. 20333, 1941; s. 1, ch. 21984, 1943; s. 1, ch. 24039, 1947; s. 12, ch. 63-195; s. 10, ch. 65-363; s. 1, ch. 67-338.

Note.-See s. 20.30(5) as to administrative functions that may be assigned to the Bureau of Records Administration, Department of Professional and Occupational Regulation.

477.01 Short title.-This chapter shall be known and may be cited as the "Florida Cosmetology

477.03 "Cosmetology," "cosmetology salon," "manicurist," and "pedicurist" defined.-

(1) Any one or any combination of the following

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Ch. 477 FLORIDA COSMETOLOGY LAW Ch. 477

practices, when not done for the treatment of disease or physical or mental ailments and when done for payment either directly or indirectly or without payment for the public generally, constitutes the teaching and practice of cosmetology:

(a) Cutting or bobbing the hair. (b) Facial and scalp massage or treatment with

oils, creams, lotions, or other preparations. (c) Singeing, shampooing, or coloring the hair or

applying hair tonics. (d) Applying cosmetic preparations, antiseptics,

powders, oil, clay, or lotions to scalp, face, or neck. (e) Hairdressing or the arranging, waving, dress

ing, curling, cleansing, thinning, cutting, singeing, bobbing, bleaching, tinting, coloring, steaming, straightening, dyeing, brushing, beautifying, or otherwise treating by any means the hair of any person.

(f) Manicuring, or the cutting, polishing, tinting, coloring, cleansing, or manicuring the nails of any person, and massaging.

(g) Pedicuring, or the shaping, polishing, tinting, coloring, clea.nsing, or pedicuring the nails of the feet of any person, and massaging, or beautifying the feet of any person.

(h) Permanent waving or the preparing, arranging, curling, cleansing, and treatment of the hair for curling, by the use of permanent waving machines, mechanical appliances, or chemical heat devices or heat materials, or chemical means.

(2)(a) For the purpose of this chapter and as used herein, the term "cosmetology salon" is hereby defined to embrace and include any establishment or place of business wherein the p1·actice of cosmetology as hereinabove defined is engaged in or carried on.

(b) The term "master cosmetologist" is hereby defined as one who practices cosmetology in its entirety.

(3) The term "manicurist and pedicurist" is hereby defined as any person who manicures or pedicures or engages in the practice of cutting, trimming, polishing, tinting, coloring, cleansing of the nails of any person, or engages in the practice of shaping, polishing, tinting, coloring, cleansing, the nails of the feet and massaging, cleansing, or beautifying the hands or feet of any person shall be construed to be practicing the occupation of a manicurist or pedicurist.

History.-s. 2, ch. 16800, 1935; CGL 1936 Supp. 4151(279); s. 2, ch. 20333, 1941; s. 2, ch. 24039, 1947; s. 10, ch. 26484, 1951; s. 12, ch. 63-195; s. 10, ch. 65-363.

477.04 Cosmetologists to practice under master cosmetologist.-No registered cosmetologist may independently practice cosmetology, but he may, as a cosmetologist, do any or all of the acts constituting the practice of cosmetology under the immediate personal supervision of a registered master cosmetologist. The ratio of registered master cosmetologists to cosmetologists shall be as follows: one registered master cosmetologist to every five cosmetologists.

History.-s. 3, ch. 16800, 1935; CGL 1936 Supp. 4151(280); s. 2, ch. 21984,

1943; s. 12, ch. 63-195; s. 10, ch. 65-363; s. 1, ch. 73-281.

477.05 Persons exempted from operation of chapter.-The provisions of this chapter shall not be construed to apply to:

(1) Persons authorized by the laws of this state to practice medicine and surgery or osteopathy or chiropractic or persons holding a drugless practitioner certificate under the laws of this state.

(2) Commissioned medical or surgical officers of the United States Army, Navy or Marine hospital service.

(3) Registered nurses under the laws of this state. (4) Persons employed in state or local institu

tions or hospitals as master cosmetologists. (5) Barbers duly licensed under the laws of this

state, in so far as their usual and ordinary vocation and profession is concerned when engaged in any of the following practices, namely: shaving or trimming the beard or cutting or bobbing the hair, facial and scalp massages or treatments with oils, creams, lotions or either preparations, singeing, shampooin~ or dyeing the hair or applying hair tonics, applying cosmetic preparations, antiseptics, powders, oil, clay or lotions to scalp, face or neck of any person.

(6) Manicuring, or the cutting, trimming, tinting, polishing, coloring, cleansing or manicuring the fingernails of any person when said manicuring is done in a licensed barbershop which is carrying on a regular and customary business ofbarbering. This exemption does not apply to manicuring done in other establishments or places.

History.-s. 4, ch. 16800, 1935; CGL 1936 Supp. 4151(281); (4) s. 12, ch. 63-195; s. 10, ch. 65-363.

477.06 Qualifications for certificate as specialists, manicuring, pedicuring, etc.-

(1) Any person is qualified to receive a certificate of registration to practice cosmetology as a master cosmetologist:

1(a) Who is qualified under the provisions of s. 477.07, and who is a citizen of the United States;

(b) Who is at least 17 years of age, of good moral character and temperate habits, and

(c) Who has practiced as a registered cosmetologist for a period of not less than 24 nor more than 36 months under the immediate supervision of a registered master cosmetologist, and in a salon in which a majority of the practices of cosmetology are engaged in;

(d) Who files an application for a certificate of registration to practice cosmetology as a master cosmetologist within the 36-month period prescribed in subsection (1)(c). If an applicant fails to apply within such period then a fee of $50 shall be required with the application before a certificate of registration is issued;

(e) Provided, however, any person who has practiced as a cosmetologist for more than 36 months shall within 90 days after the effective date of this act make application for a master cosmetologist certificate which shall be issued without cost; provided, however, that if such application is made after the expiration of the 90-day period then a fee of$50 shall accompany the application before a certificate is issued.

(f) Provided, further, that as an alternative to

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the procedure set forth in this section, any person who has practiced as a cosmetologist for a period not less than 12 months under the immediate supervision of a registered master cosmetologist is qualified to receive a certificate of registration to practice cosmetology as a master cosmetologist upon passing a satisfactory practical examination conducted by the board to determine his or her fitness to practice cosmetology. The fee for such examination shall be fixed by the board but shall not exceed $15.

(2) After the effective date of this act a certificate of registration to practice manicuring and pedicuring in a cosmetology salon shall no longer be issued.

(3) All outstanding and current certificates of registration to practice manicuring and pedicuring shall be entitled to be renewed; provided further that any person currently enrolled in a school of cosmetology or pursuing an approved course of study leading to a certificate to practice manicuring and pedicuring shall be entitled to receive such certificate after complying with the provisions of subsection (2), as heretofore required prior to the effective date of this act, which certificate shall be entitled to be renewed.

(4)(a) Any person is qualified to receive a certificate of registration to practice cosmetology as a specialist in manicuring, pedicuring, facials, and shampooing in a cosmetology salon:

'1. Who is a citizen of the United States or who has made declaration of intention to become a citizen of the United States or who, having made such declaration of intention, has filed a petition for naturalization within 30 days after becoming eligible to do so, and

2. Who is qualified under s. 477.08(1), and is of good moral character and temperate habits, and

3. Who has completed the following prescribed course and number of hours in the study and practice of manicuring, pedicuring, facials, and shampooing in a school of cosmetology approved by the board:

a. One hundred twenty-five hours for theory and practice of manicuring and pedicuring and 25 hours for ethics, sanitation, hygiene, and anatomy, these being the only subjects the applicant is required to take. The 125 hours of theory and practice shall be divided as follows: Seventy-five hours for practice and 50 hours for theory.

b. Three hundred hours for theory and practice of facials to be divided as follows: Two hundred fifty hours for practice and 50 hours for theory.

c. Fifty hours for theory and practice of shampooing to be divided as determined by the board.

4. Who can furnish to the board a certificate from a licensed physician of this state dated not more than 30 days prior to date of application attesting that he or she is free from any contagious or infectious disease, and

5. Who has satisfactorily passed an examination in the fundamentals of manicuring, pedicuring, facials, and shampooing, physiology and hygiene, elementary chemistry relating to sterilization and antisepsis.

(b) Any applicant who fails to pass the examination is required to:

1. Reenroll in a school of cosmetology and complete a further course in practice of not less than 50

hours for each practical subject failed. 2. Return to a school of cosmetology only for the

purpose of passing an examination on the theory subjects failed if the practical examination has been passed.

3. Complete a course of study and practice. Schools must file verification of completed hours and grades within 2 months.

(c) Any person holding a certificate of registration to practice manicuring and pedicuring as set forth in subsections (2) and (3) or who has a license or certificate of registration from another state or country which has substantially the same standard of requirements for licensing or registering as required by this chapter may apply for the issuance of a specialist license in manicuring, pedicuring, facials, and shampooing upon completion of an additional 350 hours in the theory and practice of facials and shampooing as set forth in subparagraph (a)3., and such additional hours shall be completed within 14 weeks in a school approved by the board. Upon completing such additional hours and before a certificate can be issued, such person must satisfactorily pass an examination conducted by the board to determine his fitness to practice as a specialist. The examination shall include both theory and practice and the fundamentals of facials and shampooing.

History.-s. 5, ch. 16800, 1935; CGL 1936 Supp. 4151(282); s. 3, ch. 20333, 1941; s. 3, ch. 21984, 1943; s. 7, ch. 22000, 1943; s. 3, ch. 24039, 1947; ss. lOA, 12, ch. 63-195; s. 1, s. 10, ch . 65-363; s. 1, ch. 65-444; s. I , ch. 67-275.

•Note.-Chapter 74-37 provides that no person may be disqualified from practicing an occupation or profession regulated by the state solely because he is not a United States citizen.


477.07 Persons qualified to receive certificate as cosmetologist.-

(!) Any person is qualified to receive a certificate of registration as a registered cosmetologist:

'(a) Who is a citizen of the United States or has duly declared his intention of becoming a citizen of the United States; and

(b) Who is at least 16 years of age; and (c) Who is of good moral character and temperate

habits, and (d) Who has graduated from a school of cosmetol

ogy approved by the board or from the Cosmetology Division ofthe Florida School for the Deaf and Blind, provided said division meets the standards of the board and this chapter; and

(e) Who has passed a satisfactory examination conducted by the board to determine his or her fitness to practice as a cosmetologist; and which shall cover the practices as defined ins. 477.03; and

(f) Who can furnish to the board a certificate from a licensed physician of this state dated not more than 30 days prior to the date of the application attesting that she is free from any contagious or infectious disease. •

(2) An applicant for a certificate of registration to practice as a cosmetologist in a cosmetology salon who fails to pass a satisfactory examination is required to return to a school of cosmetology for the purpose of passing an examination on any theory or practical subject failed.

History.-s. 6, ch. 16800, 1935; CGL 1936 Supp. 4151(283); s. 4, ch. 20333, 1941; s. 4, ch. 2!984, 1943; s. 4, ch. 24039, 1947; s. 12, ch. 63-195; s. I, ch. 63-388; s. 2, ch. 65-444; ss. 2, 10, ch. 65-363; s. 4, ch. 67-338; s. 2, ch. 73-281.

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'Note.-Chapter 74.37 provides that no person may be disqualified from practicing an occupation or profession regulated by the state solely because he is not a United States citizen.

477.08 Schools of cosmetology; requisites; courses taught; enrollment of students.-

(1) No school of cosmetology not operated as a part of the public school system shall be approved by the board unless its owner has paid the required fee as prescribed ins. 477.17, and unless the instructors and faculty are registered instructors of cosmetology under this chapter, and unless it requires as a prerequisite for graduation therefrom, a high school diploma or if such applicant is a graduate of a school for the deaf and blind. Provided, however, that said schools shall waive the high school diploma requirement for students over the age of 18 years who have successfully completed the tenth grade in an accredited high school or shall pass a standard equivalency test for same that is administered by the testing center approved by the Department of Education. Such cosmetology school shall require as a prerequisite to graduation a course of instruction and practice of not less than 1200 hours of continuous study and practice of not more than 8 hours in any 1 day or not more than 40 hours in any 1 week within a maximum period of 18 months and a minimum period of7 months. Schools shall comply with and offer the following:

(a) Scientific fundamentals for cosmetology, physiology, hygiene, elementary chemistry relating to sterilization and antiseptics, massaging and manipulating the muscles of the face, neck and scalp, hair cutting, bobbing, hair trimming, and coloring the hair, salon management and business methods, facial and scalp massage, or treatments with oils, cream.s, lotions, or other preparations, shampooing, singeing, or applying hair tonics, applying cosmetic preparations, antiseptics, powders, oil, clay or lotions to scalp, face or neck.

(b) Hairdressing or the arranging, waving, dressing, curling, cleansing, thinning, cutting, singeing, bobbing, bleaching, tinting, coloring, straightening, dyeing, brushing, beautifying, or otherwise treating by any means the hair of any person.

(c) Manicuring or the cutting, trimming, polishing, tinting, coloring, cleansing, or manicuring the nails of any person, and massaging, cleansing, treating, or beautifying the hands or feet of any person.

(d) Pedicuring, or the shaping, polishing, tinting, coloring, cleansing the nails of the feet of any person.

(e) Permanent waving, or the preparing, arranging, curling, cleansing, and treatment of the hair for curling by the use of permanent waving machines, mechanical appliances, or chemical heat devices or heat materials or other chemical means.

(f) Removing superfluous hair from the body of any person by the use of depilatories, by the use of tweezers, chemical preparation, or by the use of devices or appliances of any kind or description, except by the use of light waves commonly known as rays and by the use of electrolysis.

(g) Provided that no student shall be allowed to work on the public until such student has had at least 200 hours in theory and practical work on wefts and fellow students.

(h) Provided that no patron shall be given a com-

plete service in the junior department; the patron may obtain the service of the student only as she progresses according to schedule. That is, one student may give a wave, depending on the progress the student has made at the time in her course of study.

(i) Provided that students who have completed 500 hours of their course may render complete service to patrons, in the senior department, as advanced students.

(j) Schools shall require a student in the advanced or senior department to wear some kind of insignia, badge, cap, or marking on her uniform to indicate that she is a student in the senior department.

(2) No school of cosmetology shall actively enroll or admit any student thereto until that school has received a student permit from the state board, which permit can be issued by the state board only after the student shall make and file in triplicate a duly verified application. One copy of such application shall be retained by the school, one copy retained by the student and the third copy shall be filed by the school with the board along with the student's enrollment fee. The same procedure shall apply for those students who must reenroll for the purpose of further practice in the practical subjects failed on the state board examination. No school of cosmetology shall conduct a postgraduate course unless the time required for completing same does not exceed a maximum of 6 weeks. No school of cosmetology shall enroll or admit any student in a postgraduate course thereof, which course shall be for the purpose of qualifying persons to pass the examination conducted by the board to determine fitness to practice cosmetology, unless the student shall file, in triplicate, an application duly verified, which shall be obtained by the student or school from the State Board of Cosmetology and shall be in such form as prescribed by the board. The application sent to the state board shall be accompanied by enrollment fee. The application shall also show that the applicant has completed the tenth grade in school, or its equivalent, and that the applicant has either:

(a) Graduated from a school of cosmetology approved by the board; or

(b) Holds a valid, unexpired and uncanceled certificate of registration as a registered master cosmetologist, for at least 5 years immediately prior to making such application. One copy of the application shall be retained by the school so admitting or enrolling the student, and the other shall be filed by the school with the board along with the enrollment fee. Nothing in this section contained shall be construed as limiting or modifying the provision of s. 477.06. The school must be located in one building only.

(3) No school of cosmetology, except vocational training schools, shall commence operations unless and until the owner thereof shall obtain from the board a certificate of registration to operate a school of cosmetology. Every such certificate so issued shall be renewed annually on May 20. The fee to be paid each year by the owner of the school to the board for the issuance of this certificate of registration shall be $75; provided, however, that whenever a school shall

559


be established within 6 months of the expiration date of the then current certificates of registration the fee required of that school for a certificate of registration for the remainder of that year shall be only one-half of the regular yearly fee. The certificate of registration is nontransferable from one person to another, from one corporation to another or from one location to another.

(4) Every application for a certificate of registration to operate a school of cosmetology shall be in writing on blanks provided by the board and shall contain the name of the school, its local address, the name and address of the owner or owners, and a statement that all the requirements oflaw and of the rules and regulations of the board relative to schools of cosmetology have been complied with. Such application shall be signed by the owner or by one of the owners of the said school and shall also be verified by oath, and shall be accompanied by a remittance of the required fee. Upon receipt by the board of an application properly filled out, signed and verified, and of the required fee, it shall issue the certificate of registration, but the mere issuance of such certificate shall not be construed as constituting an approval by the board of the said school.

(5) Notwithstanding the provisions of this section, wherein the subjects comprising the course of instruction in schools of cosmetology are outlined, the board shall have authority to change or modify the course of instruction for such schools by adding new subjects or by substituting other subjects for these therein mentioned. The board shall also have authority to prescribe the number of hours which shall be devoted by schools of cosmetology to each of the subjects which the board may require to be taught provided the board does not thereby increase the total number of hours prescribed in this section.

(6) Any person is qualified to receive a certificate of registration as an instructor of cosmetology:

'(a) Who is a citizen of the United States, or who has made a declaration of intention to become a citizen of the United States, or who having made such declaration of intention, has filed a petition for naturalization within 30 days after becoming eligible to do so;

(b) Who is of good moral character; (c) Who has a high school education, or equiva

lent; (d) Who has been a practicing registered cosme

tologist or master cosmetologist for at least 3 years and holds a valid Florida master cosmetologist license at the time of making the application; and

(e) Who passes examination in theory and practice of teaching cosmetology in addition to other subjects, with no mark in any one subject below 75. An applicant for a certificate of registration as an instructor of cosmetology who fails to pass a satisfactory examination is required to retake that portion of the examination for each subject failed until the entire examination is successfully passed.

(7)(a) Any person, firm, or corporation who desires to establish a school of cosmetology (except vocational school, and those schools of cosmetology established prior to May 20, 1941) and who applies to the board for a certificate of registration to operate such schools, shall at the same time file with the

board a good and sufficient surety bond executed by the applicant as a principal and by a surety company as surety in the amount of $10,000 payable to the state. The bond shall be in the form and shall be signed by a surety company approved by the board and shall be conditioned upon compliance with all laws relative to schools of cosmetology and upon faithful performance of all contracts existing between the school and the students thereof during the life of the bond, whether such contracts be written, oral, or implied. Every such bond shall continue in full force and effect for the lifetime of the school, except as provided~ in subsection (8). Any bona fide stud,ent of the school during the life of the bond may maintain an action against either the maker thereof or the surety thereon or both, and the bond shall be for the purpose of satisfying any judgment which the student may recover as damage for the breach ofthis contract.

(b) Provided, that upon it being made to appear to the board that any person, firm, or corporation is unable to obtain a surety bond may, in its discretion, permit such person to file a good and sufficient surety bond executed by not less than two personal sureties as surety thereon, each of whom shall be worth the full amount of such bond over and above his debts, liabilities, and exemptions at law, and each shall make an affidavit to such effect which shall be attached to such bond. Every such bond shall be approved by the board, and the board may at any time require a new and additional bond upon determining that the sureties upon any bond have become insolvent or are not any longer qualified as such sureties and upon failure to file such new and additional bond the board shall revoke the certificate of registration.

(8) Any school of cosmetology which has furnished a good and sufficient surety bond as required by subsection (7) during the first 2 years of operation of such school shall not be required to renew said bond or secure any additional surety bond unless it is made to appear to the board that the interest of the public and students would best be served by furnishing a renewal of such bond or an additional bond as contemplated by subsection (7).

History.-s. 7, ch. 16800, 1935; CGL 1936 Supp. 4151(284); s. 5, ch. 20333, 1941; s. 5, ch. 21984, 1943; ss. 5, 17, ch. 24039, 1947; s. 10, ch. 26484, 1951; ss. 2, 3, 12, ch. 63·195; ss. 3·5, 10, 11, ch. 65·363; s. 1, ch. 67-283; ss. 15, 35, ch. 69-106; s. 3, ch. 73-281.

'Note.-Chapter 74-37 provides that no person may be disqualified from practicing an occupation or profession regulated by the state solely because he is not a United States citizen.

Note.-See s. 20.30(5) as to administrative functions that may be assigned to the Bureau of Records Administration, Department of Professional and Occupational Regulation. cf.-s. 455.03 Dispensing with examination for veterans.

477.081 Student instructor training program.-

(1) A student instructor training program may be conducted by schools of cosmetology which have been issued a student instructor training certificate of registration by the State Board of Cosmetology.

(2) Any person is qualified to enroll in the student instructor training program:

(a) Who is a registered practicing master cosmetologist;

(b) Who is at least 23 years of age and of good moral character;

560


(c) Who has a high school education or its equivalent.

(3) Notwithstanding any of the provisions to the contrary, any person is deemed qualified to receive a certificate of registration as an instructor of cosmetology if such person shall have fulfilled the requirements i:n an instructor training program as required by the State Board of Cosmetology before being eligible to apply for the instructor's examination. The 1500-hour instructor training program, including curriculum and other details, shall be formulated and supervised by a joint committee selected from and by the members of the State Board of Cosmetology, the Florida Hairdressers and Cosmetologist Association and the Florida Cosmetology School Association.

History.-s. 1, ch. 65·362. Note.-See s. 20.30(5) as to administrative functions that may be assigned


477.09 Requirements as to applications for examinations.-Each applicant for an examination shall:

(1) Make application to the board at least 10 days prior to examination date, on blank forms prepared and furnished by the board, such application to contain proof under the applicant's oath of the particular qualifications of the applicant;

(2) Furnish to the board one signed photograph of the applicant, size 2 by 2 inches.

(3) JPay the required fee to the board as provided in this chapter; and

(4) Present upon application for examination to become a cosmetologist a high school diploma, or such applicant shall pass a standard equivalency test for same that shall be uniform throughout the state. The test shall be administered by the testing center approved by the Department of Education. A certified copy of the results shall be filed with the State Board of Cosmetology provided, however, that ifsuch applicant is over the age of18 years the high school diploma requirement shall be waived if said applicant has successfully completed the tenth grade in an accredited high school; or if such applicant is a qualified graduate of a school for the deaf and blind.

History.-s. 8, ch. 16800, 1935; CGL 1936 Supp. 4151(285); s. 6, ch. 21984, 1943; s. 4, ch. 63·195; ss. 6, 10, ch. 65·363; s. 2, ch. 67.275; ss. 15, 35, ch. 69·106.


477.10 Examinations; times and places; to be in theory and practice and to be written and oral.-·

(1) The board shall conduct examination of applicants for certificates of registration to practice as registered instructors of cosmetology, registered master cosmetologists, registered cosmetologists, and registered specialists not less than 12 times each year at such time and place as the board may determine. The examination of applicants for a certificate of registration as registered instructors of cosmetology, registered master cosmetologists, registered cosmetologists, and registered specialists shall include both practical demonstrations and written and oral tests and shall embrace the subjects required in s. 477.08, to be taught in schools of cosmetology ap-

proved by the board. An applicant for a cosmetologist's examination shall have completed the number of hours of continuous study and practice of cosmetology as required by s. 4 77 .08(1).

(2) Any blind person, as defined in s. 413.021, making application for a certificate of registration pursuant to the provisions of this chapter shall be allowed to have the written portion of the examination read to him or her and his or her answers recorded with recording equipment and transcribed by a person or persons approved by the board.

History.-s. 9, ch. 16800, 1935; CGL 1936 Supp. 4151(286); s. 6, ch. 24039, 1947; ss. lOA, 12, ch. 63·195; s. 10, ch. 65.363; s. 2, ch. 67·338.

477.101 Waiver of written examination for certain applicants.-Notwithstanding anything to the contrary contained in this chapter, any student ofthe Florida School for the Deaf and the Blind who is blind, deaf, or seriously impaired of hearing and who makes an application for a certificate of registration pursuant to the provisions of this chapter shall, upon certification to the board by the chief executive officer of the school that said person has demonstrated competence and proficiency in cosmetology theory, be entitled to waiver of all written or oral examinations of cosmetology theory provided hereunder, and shall be entitled to receive a certificate of registration upon meeting the remaining qualifications provided in this chapter, including examinations in cosmetology skills.

History.-s. 1, ch. 70.393.

477.11 Certificate issued to applicant with passing grade.-A certificate as a registered master cosmetologist or as a registered cosmetologist shall be issued by the board to any applicant whose application for an examination has been properly made within 36 months from graduation from a qualified school of cosmetology who shall pass a satisfactory examination making an average grade of not less than 75 percent, with a minimum of65 percent in any subject, and who shall possess the other qualifications required by this chapter.

History.-s. 10, ch. 16800, 1935; CGL 1936 Supp. 4151(287); s. 7, ch. 21984, 1943; s. 7, ch. 24039, 1947; s. 12, ch. 63·195; s. 10, ch. 65·363.


477.12 Prerequisites and qualifications of nonresident applicants.-

(!) Any person is qualified to receive a certificate of registration as a master cosmetologist:

'(a) Who is a citizen of the United States, or who has made a declaration of intention to become a citizen of the United States and submits form N-315; and


habits; and (d) Who can furnish to the board a certificate

from a licensed physician of this state dated not more than 30 days prior to the date of the application attesting that he or she is free from any contagious or infectious disease; and

(e) Who has a license or certificate of registration as a practicing master cosmetologist from another state or country which has substantially the same

561


standard of requirements for licensing or registering master cosmetologists as required by this chapter; or, who can prove by sworn affidavits that he or she has practiced as a master cosmetologist in another state or country for at least 5 years immediately prior to making application in this state; and

(f) Who pays the examination and certificate fees for master cosmetologists as set forth in s. 477.17; and

(g) Who passes examination in theory and practice of cosmetology in addition to other subjects, with no mark in any one subject below 65 and a general average of 75.

(2) Any person is qualified to receive a certificate of registration as a cosmetologist:

1(a) Who is a citizen of the United States, or who has made a declaration of intention to become a citizen of the United States and submits form N-315; and


habits; and (d) Who can furnish to the board a certificate

from a licensed physician of this state dated not more than 30 days prior to the date of the application attesting that he or she is free from any contagious or infectious disease; and

(e) Who meets the educational requirements as prescribed in s. 477.09(4); and

(f) Who has a certificate of registration as a cosmetologist in a state or country which has substantially the same requirements for registration as a cosmetologist as are required by this chapter. The time spent in another state or country as a cosmetologist may be credited upon the period of training required by this chapter as a qualification to receive a certificate ofregistation as a master cosmetologist; and

(g) Who pays the examination and certificate fees for cosmetologists as set forth ins. 477.17; and

(h) Who passes examination in theory and practice of cosmetology in addition to other subjects, with no mark in any one subject below 65 and a general average of 75. Should the applicant fail to pass the examination the procedure and requirements as set forth ins. 477.07 shall be applied.

(3) Any person who has practiced as a cosmetologist in another state or country, which does not have substantially the same requirements for registration as a cosmetologist as required by this chapter and who has the qualifications as required in s. 4 77 .07(1)(a)-(f) may be credited with the time so spent as a cosmetologist in such state or country upon the period of training required by this chapter as a qualification to take the examination to determine his fitness to receive a certificate of registration as a registered master cosmetologist.

History.-s. 11, ch. 16800, 1935; CGL 1936 Supp. 4151(288); s. 8, ch. 21984, 1943; s. 8, ch. 24039, 1947; s. 12, ch. 63-195; ss. 7, 10, ch. 65-363; s. 3, ch. 67-338.

'Note.-Chapter 74-37 provides that no person may be disqualified from practicing an occupation or profession regulated by the state solely because he is not a United States citizen.

477.13 Display of certificates; rules and regulations.-

(1) Every holder of a certificate of registration shall display it in a conspicuous place adjacent to or near his workchair or booth.

(2) The board shall prepare copies of the provisions ofs. 477.23, together with any other rules and regulations or sanitary requirements for conduct of cosmetology salons and schools of cosmetology which may be adopted by said board in aid or furtherance of the provisions of this chapter, and furnish to the owner or manager of each cosmetology salon and school of cosmetology one such copy to be posted in a conspicuous place in such cosmetology salon or school of cosmetology by the said owner or manager thereof.

Hl.story.-s. 13, ch. 16800, 1935; CGL 1936 Supp. 4151(290); s. 9, ch. 21984, 1943; s. 12, ch. 63-195.

477.14 Renewal of certificates; date of expiration; required training for instructors; training course by board, availability to master cosmetologists.-

(1) Every registered instructor of cosmetology, master cosmetologist, cosmetologist, and manicurist and pedicurist who continues in active practice or service shall annually on or before July 1 renew his or her certificate of registration and pay the required fee. Every certificate of registration which has not been renewed during the month of July in any one year shall be subject further to the restoration fee on August 1 in that year, provided, however, that after the expiration of the 1965-66 renewals, all certificates of registration shall be renewed for a 2-year period, upon payment of the required fee. Every certificate of registration which has not been renewed during the month of July in the renewal year shall be subject to the further restoration fee on August 1 of that year.

(2) A registered master cosmetologist, cosmetologist, or manicurist and pedicurist whose certificate of registration has expired may have his or her certificate restored within 3 years thereafter upon payment of the current certificate fee and restoration fee.

(3) At least once every 2 years every registered instructor of cosmetology shall attend a course of study and training of not less than 2 weeks' continuous duration or 1 week each year. Such course shall be conducted by the board every year. Attendance in a school approved by the State Board of Cosmetology shall satisfy this requirement. Failure to comply with the provisions hereof shall be cause for the refusal to renew a certificate of registration upon application, or for the cancellation thereof by the board. This requirement shall not apply to a registered instructor of cosmetology employed as an instructor in the public school system.

(4) Any registered master cosmetologist, manicurist and pedicurist who retires from practice, and any registered instructor of cosmetology who retires from teaching for not more than 3 years may renew his or her certificate upon the payment of the required renewal and restoration fees and due compliance herewith.

History.-s. 14, ch. 16800, 1935; CGL 1936 Supp. 4151(291); s. 6, ch. 20333, 1941; s. 1, ch. 20860, 1941; s. 10, ch. 21984, 1943; s. 9, ch. 24039, 1947; s. 12, ch. 63-195; ss. 8, 10, ch. 65-363.

477.15 Suspension or revocation of certificate; grounds.-The board may either refuse to issue, or renew, or may suspend or revoke any

562


certificate of registration for any of the following causes:

(1) Conviction of a felony shown by a certified copy of the record of the court of conviction;

(2) Gross malpractice or gross incompetency; (3) Continued practice by a person knowingly

having an infectious or contagious disease; (4) Advertising by means of knowingly false or

deceptive statements; (5) Advertising, practicing or attempting to prac

tice under a trade name other than one's own; (6) Habitual drunkenness or habitual addiction

to the use of morphine, cocaine or other habit-forming drugs;

(7) Immoral or unprofessional conduct; (8) The commission of any of the offenses de

scribed ins. 477.27; (9) The violation of any of the rules and regula

tions provided by s. 477.23; (10) The failure of an instructor to attend a

course of study and training as is required in s. 477.14.

(11) The failure of a cosmetologist to send in proof on forms furnished by the board at the expiration of~~4 but not more than 36 months that he or she has practiced as a cosmetologist under the immediate supervision of a master cosmetologist.

History.-s. 15, ch. 16800, 1935; CGL 1936 Supp. 4151(292); s. 11, ch. 21984, 1943; s. 12, ch. 63-195; s. 9, ch. 65-363.

477.16 Procedure for revocation, etc.-The board shall have the authority to establish rules of procedure for revocation, suspension, or denial of license, or other disciplinary action in accordance with chapter 120.


477.17 Fees; duplicate certificates.-(!) The fees to be paid by the various applicants

and to e collected by the State Board of Cosmetology for the various examinations to be given, for the issuanc:e of the various certificates of registration, for the renewal of the unexpired certificates and for the restoration of expired certificates, are as follows:

(a) For an examination to determine the qualifications of an applicant to teach cosmetology, $70.

(b) For an examination to determine the qualifications of an applicant to practice cosmetology as a master cosmetologist, not to exceed $40.

(c) For an examination to determine the qualifications of an applicant to practice cosmetology as a cosmetologist, $25.

(d) For an examination to determine the fitness of an applicant to practice cosmetology as a specialist in manicuring, pedicuring, facials, and shampooing, $25.

(e) For the issuance of a certificate of registration to teach cosmetology, $10.

(f) For the issuance of a certificate of registration to prac:tice cosmetology as a master cosmetologist, $10.

(g) For the issuance of a certificate of registration to practice cosmetology as a cosmetologist, $10.

(h) For the issuance of a certificate of registration to practice cosmetology as a specialist in manicuring, pedicuring, facials, and shampooing, $10.

(i) For the issuance of a certificate of registration

to the owners of a school of cosmetology, $150. (j) For the 2-year renewal of an unexpired certifi

cate of registration to teach cosmetology, $30. (k) For the 2-year renewal of an unexpired certif

icate of registration to practice cosmetology as a master cosmetologist, manicurist and pedicurist, $10.

(l) For the 2-year renewal of an unexpired certificate of registration to practice cosmetology as a specialist in manicuring, pedicuring, facials, and shampooing, $10.

(m) For the 2-year renewal of an unexpired certificate of registration to practice cosmetology as a cosmetologist, $15.

(n) For the annual renewal of an unexpired certificate of registration to the owner of a school of cosmetology, $75.

(o) For the restoration of an expired certificate of registration to teach cosmetology, $15 in addition to the renewal fee for each year of delinquency.

(p) For the restoration of an expired certificate of registration to practice cosmetology as a master cosmetologist, manicurist and pedicurist, and specialist, $10 in addition to the renewal fee for each year of delinquency.

(q) For the restoration of an expired certificate of registration to practice cosmetology as a cosmetologist, $10 in addition to the renewal fee for each year of delinquency.

(r) For the restoration of an expired certificate of registration to the owner of a school of cosmetology, $40 in addition to the renewal fee for each year of delinquency.

(s) For issuance of a certificate of registration to the owner of a cosmetology salon, $35. Such certificate is nontransferable.

(t) Fees for retake examinations will be prorated according to number of subjects failed not to exceed the maximum cost of original examination.

(2) If a certificate of registration has expired more than 3 years prior to the date of application for restoration, no such certificate may be restored, and such applicant may secure a new certificate of registration only by passing an examination and paying the examination fee therefor in addition to the fee for the renewal of a certificate.

(3) Any holder of an expired certificate of registration which is entitled to restoration under the provisions of this chapter shall, after payment of the proper restoration fee to and after restoration thereof by the board, thereupon be entitled to have the restored certificate renewed upon the further payment to the board of the proper renewal fee, the restoration fees prescribed by this section being in addition to the renewal fees and in the nature of penalties for permitting a certificate of registration to expire.

(4) Any holder of an unexpired certificate of registration who loses the same may obtain a duplicate thereof by filing with the board a statement of the loss, and submitting a signed photograph and paying a fee of $2. Each duplicate certificate shall have the word "duplicate" stamped across the face thereof but shall otherwise be the same as the certificate in place of which it is issued.

(5) Each certificate of registration, including du-

563


plicate certificates, and renewals which shall be issued by the board after June 16, 1947, shall have firmly affixed thereto a signed 2-by 2-inch photograph (passport size) of the person to whom it is issued and the photograph shall at no time thereafter during the life of the certificate be detached therefrom. It shall be the duty and responsibility of the person to whom a certificate is issued to affix the photograph mentioned herein to the said certificate, duplicate, and renewal upon receipt thereof.

History.-s. 17, ch. 16800, 1935; CGL 1936 Supp. 4151(294); s. 7, ch. 20333, 1941; s. 12, ch. 21984, 1943; s. 10, ch. 24039, 1947; s. 11, ch. 25035, 1949; ss. 6, ~2. ch. 63-195; s. 10, ch. 65-363; ss. 3, 4, ch. 67-275.


477.18 State Board of Cosmetology; qualifications; terms.-

(l)(a) An examining and licensing board is created within the Division ofOccupations of the Department of Professional and Occupational Regulation to be known as the State Board of Cosmetology consisting of five members to be appointed by the Governor, and confirmed by the Senate, one member from each of the five districts of the state as hereinafter set forth:

1. District one: Broward, Charlotte, Collier, Glades, Hendry, Highlands, Indian River, Lee, Martin, Okeechobee, Palm Beach, and St. Lucie.

2. District two: Alachua, Brevard, Dixie, Flagler, Gilchrist, Lake, Levy, Marion, Orange, Osceola, Polk, Putnam, Seminole, and Volusia.

3. District three: Baker, Bay, Bradford, Calhoun, Clay, Columbia, Duval, Escambia, Franklin, Gadsden, Gulf, Hamilton, Holmes, Jackson, Jefferson, Lafayette, Leon, Liberty, Madison, Nassau, Okaloosa, St. Johns, Santa Rosa, Suwannee, Taylor, Union, Wakulla, Walton, and Washington.

4. · District four: Citrus, DeSoto, Hardee, Hernando, Hillsborough, Manatee, Pasco, Pinellas, Sarasota, and Sumter.

5. District five: Dade and Monroe. (b) The members from the five districts shall be

appointed by the Governor and confirmed by the Senate as follows: One member for 1 year, one member for 2 years, one member for 3 years and two members for 4 years. Immediately thereafter as the terms of the members expire, the Governor shall appoint successors for the period of 4 years and such members shall serve until their successors are appointed or qualified.

(c) Each district of the Florida Cosmetologist Association, Inc. and each district of the Florida Cosmetology School Association may submit to the Governor for his consideration in making appointments under this act, a list of three persons. Each member shall be a practicing master cosmetologist, who has followed the profession of cosmetology in this state for at least 5 years immediately prior to his appointment, and shall have completed twelve grades of school, or its equivalent. Equivalency shall be determined by an equivalency test to be administered by the testing center approved by the Department ofEducation. He shall be a graduate of a school of cosmetology; provided, that the educational requirements shall not disqualify any person who is presently appointed as a member of the board who

is not actually engaged in conducting a cosmetology salon in this state. No such master cosmetologist shall be appointed a member of the board who is connected directly or indirectly in the business of manufacture, rental, sale, or distribution of cosmetology salon equipment or supplies.

(2) No school owner, operator, manager or instructor or anyone connected in any manner with a school shall be a member of the board. No person who is a member of the Board of Barber Examiners shall be a member of the Board of Cosmetology.

(3) No member who has served a full term shall be eligible for reappointment to succeed himself. The Governor may remove any member for cause.

(4) Members appointed to fill vacancies caused by death, resignation or removal shall serve during the unexpired term of their predecessors.

(5) The amendment of this section shall not in any manner affect the length of current terms of office of present members of the State Board of Cosmetology.

History.-s. 20, ch. 16800, 1935; CGL 1936 Supp. 4151(295); s. 13, ch. 21984, 1943; ss. 11, 18, ch. 24039, 1947; s. 11, ch. 25035, 1949; ss. 7, 12, ch. 63-195; s. 10, ch. 65-363; s. 1, ch. 67-388; ss. 30, 35, ch. 69-106.

477.19 Members of board appointed from districts.-For the purpose of having different sections of the state represented by a member of the board, the state is divided by counties into five districts, based on population and geographical juxtaposition of shop distribution and one member of said board shall be appointed and come from each district. Said districts shall be known as districts one, two, three, four, and five, the boundaries of which shall be determined by the State Board of Cosmetology.


477.20 Board; organization; compensation; annual report; bond of secretary.-

(!) A majority of the members of the board in meeting duly assembled may perform and exercise all of the duties and powers devolving upon the board. The board shall adopt and use a common seal or its official seal for the authentication of its orders and records. An office shall be maintained in Tallahassee, Florida, but this requirement shall not be construed to prevent the board from maintaining other offices in some other cities within the state if, in the opinion of the board, such other offices are necessary in order for the board to perform its duties in a more efficient manner, provided however, that not more than one of such offices shall be maintained in each of said districts established by this chapter, exclusive of said office to be maintained at Tallahassee.

(2) It shall be the duty of the members of the board to attend all board meetings, inspect all schools quarterly, conduct as many examinations as shall be deemed by the board to be necessary during each year of applicants for certificate of registration to practice cosmetology as provided and required by law, and to keep a general supervision over the affairs of the board.

(3) An executive secretary shall be employed who shall conduct and supervise the Tallahassee office, shall assist the board members in carrying out the provisions of the State Cosmetology Law, and

564


shall instruct the inspectors in the performance of their duties. The executive secretary shall make an annual report to the Governor and the members of the board, which report shall contain a full statement of the work of the board during the year reported. In order to insure the faithful performance of the duties of the board, the executive secretary shall execute and deliver to the state a bond in the amount of$10,000 with sufficient sureties, to be approved by the board. The annual salary of the executive secretary shall be fixed by the board, payable monthly, unless otherwise fixed by any law enacted at this or any sueceeding Legislature. Each member of the board shall receive $20 per day, or for any part of a day, when performing administrative duties. When examinations are held by the board each member shall receive an additional $10 per day or any part of a day. The board members shall also receive the same travel subsistence and mileage as provided in s. 112.061, as allowed other state officers and employees.

(4) The board shall have the authority to employ inspectors and to employ and fix the compensation of such regular or special counsel, clerks, and other assistants as it may deem necessary in order to carry out the provisions of this chapter, and shall receive the same travel subsistence and mileage as provided in s. 11!~.061, as allowed other state officers and employees. No employee of the board shall be related by blood or marriage to any member of said board.

(5) All inspectors appointed under the provisions of this law shall be registered master cosmetologists who have engaged in the practice of cosmetology in this state for not less than 3 years, and who are not less than 25 years of age; provided, however, that the provisions of this subsection shall not apply to those inspectors who are now employed by the State Board of Cosmetology.

(6) The board may employ a full-time educational director and shall have the authority to employ an assistant educational director if necessary. Duties of the educational director shall be to survey all schools at least annually, and recommend the accreditation status of each school for action ofthe board. In addition, the educational director shall recommend curriculum standards, and promote education for the cosmetologists through surveys, institutes, conferences and such other means as may result in improving the profession of cosmetology in this state. The educational director and assistant educational director shall have had 6 years' experience as a practicing master cosmetologist, a high school diploma, and such other qualifications as may be established by the Florida State Board of Cosmetology. Said directors shall be entitled to per diem and travel expenses as provided by s. 112.061. The board shall provide necessary clerical assistance, not to exceed two persons, for the educational director.

Hlstory.-s. 22, ch. 16800, 1935; CGL 1936 Supp. 4151(297); s. 9, ch. 20333, 1941; s. 14, ch. 21984, 1943; s. 1, ch. 24082, 1947; s. 11, ch. 25035, 1949; s. 117, ch. 26869, 1951; s. 29, ch. 28215, 1953; s. 16, ch. 57-1; ss. 9, 12, ch. 63-195; s. 10, ch. 65-363; s. 1, ch. 73-305. cf.-s. 112.061 Per diem and traveling expenses of state officers and em

ployees.

477.21 Disposition of money received by board; executive secretary.-All moneys received by the board under this chapter shall be paid to the

executive secretary at Tallahassee, who shall give a receipt for same. Such moneys shall be deposited and expended pursuant to the provisions of s. 215.37. All necessary and proper expenses in carrying out the provisions of this chapter shall be paid upon presentation of vouchers approved by said board; provided, that the board is charged with the duty and responsibility of awarding each year not in excess oflO scholarships in cosmetology training for courses in the various schools of cosmetology of this state, which scholarships shall be in the amount of $200 each. The executive secretary of the board shall not be a person registered under this law.

History.-s. 23, ch. 16800, 1935; CGL 1936 Supp. 4151(298); s. 10, ch. 20333, 1941; s. 15, ch. 21984, 1943; ss. 12, 13, ch. 24039, 1947; s. 118, ch. 26869, 1951; s. 30, ch. 28215, 1953; s. 19, ch. 61-514; s. 12, ch. 63-195.

Note.-See s. 20.30(5) as to administrative functions that may be assigned to the Bureau of Records Administration, Department of Professional and Occupational Regulation. cf.-s. 215.37 Minor regulatory boards to be financed by fees collected.

477.22 Board to keep records.-The board shall keep a record of its proceedings relating to the issuance, refusal, renewal, suspension, and revocation of certificates of registration. This record shall also contain the name, place of business, and residence of each registered master cosmetologist and registered cosmetologist and the date and number of his certificate of registration. This record shall be open to the public at all reasonable times.

History.-<~. 24, ch. 16800, 1935; CGL 1936 Supp. 4151(299); s. 12, ch. 63-195; s. 10, ch. 65-363.


477.23 Rules and regulations governing all cosmetologists.-

(!) It is unlawful: (a) For any master cosmetologist or cosmetolo

gist to knowingly continue the practice of cosmetology or for any student knowingly to continue as a student in any school of cosmetology, while such person has an infectious, contagious, or communicable disease.

(b) To own, manage, operate, or control any cosmetology salon or school of cosmetology unless continuously hot and cold running water be provided therein.

(c) To own, manage, operate, or control any school of cosmetology or part or portion thereof whether connected therewith or in a separate building wherein the practice of cosmetology is engaged in or carried on unless all entrances to the place wherein the practice of cosmetology is so engaged in or carried on shall display a sign indicating that the work therein is done by students exclusively.

(d) To own, manage, or control or operate any cosmetology salon unless there is displayed a recognized sign indicating that it is a cosmetology salon, which said sign shall be clearly visible at the main entrance of said salon.

(e) To use upon one patron a towel that has been used upon another patron unless the towel has been relaundered.

(f) To fail to provide the headrest on each chair with a relaundered towel or a sheet of clean paper for each patron.

(g) To use in the practice of cosmetology any styptic pencil, sponges, lump alum or powder puff, or

565


powder blenders. Possession of a styptic pencil, sponge, lump alum, or powder puff in a cosmetology salon is prima facie evidence that the same is being used therein in the practice of cosmetology.

(h) To fail to place around the patron's neck a strip of cotton, towel, or neckband so that the haircloth or shampoo capes do not come in contact with the neck or skin of the patron's body.

(i) To use on any patron any violet ray electrodes, scissors, tweezers, manicure instruments, combs, hairbrushes, rubber discs, or parts of vibrators used on another patron, unless the same be kept in a closed compartment and immersed in boiling water or in a solution of2 percent carbolic acid, or its equivalent, before each such use, excepting permanent waving equipment.

(2) The board may make other rules and regulations and prescribe other sanitary requirements in addition to the foregoing in aid or furtherance of the provisions of this chapter, subject to the approval of the '[Department of Health and Rehabilitative Services.]

(3) Any member of said board or its agents or assistants may enter into and inspect any cosmetology salon or school of cosmetology at any time during business days and hours.

(4) Inspection rating sheets issued by the board shall show the sanitary rating of each cosmetology salon, and must be publicly displayed in a conspicuous location in the cosmetology salon.

History.-s. 25, ch. 16800, 1935; CGL 1936 Supp. 4151(300); s. 16, ch. 21984, 1943; s. 12, ch. 63-195; s. 10, ch. 6~363; ss. 19, 35, ch. 69-106.

'Note.-Bracketed language substituted for "Division of Health of the Department of Health and Rehabilitative Services." See s. 3(3), ch. 75-48.

477.24 Power of municipalities to regulate cosmetology.-Nothing contained in this chapter shall be construed to prevent any municipal government in this state from passing and enforcing reasonable laws and regulations governing the cosmetology practice within its limits.


477.25 Barber law unaffected by this chapter.-Nothing in this chapter shall be construed or interpreted as changing, modifying or repealing any of the provisions of chapter 4 7 6 and the provisions of said chapter and the provisions of this chapter shall be construed, interpreted, considered, and enforced as separate laws and independent each of the other.

History.-s. 27, ch. 16800, 1935; CGL 1936 Supp. 4151(302).

477.26 False statements.-The willful making of any false statement as to material matter in any oath or affidavit which is required by the provisions of this chapter is perjury and constitutes a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.


477.27 Penalty for violation of chapter.Each of the following shall constitute a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083:

(1) The violation of any of the provisions of s. 477.02.

(2) Permitting any person in one's employ, supervision or control to practice as a master cosmetolo-

gist, manicurist and pedicurist, specialist, or as a cosmetologist, unless that person has a certificate of registration.

(3) Permitting any manicurist and pedicurist in one's employ, supervision or control to do any other work than manicuring and pedicuring.

(4) Obtaining or attempting to obtain a certificate of registration for money other than the required fee, or any other thing of value, or by fraudulent misrepresentations.

(5) Practicing or attempting to practice by fraudulent misrepresentations.

(6) The willful failure to display a certificate as required by s. 477.13.

(7) The use of any room or place for cosmetology which is also used for residential or business purposes not connected with cosmetology (except the sale of hair tonics, lotions, creams, toilet articles, and such commodities as are used and sold in cosmetology salons) unless a partition of ceiling height which has been approved in writing by the State Board of Cosmetology or by its representative, separates the portion used for residential or business purposes from the room or portion used for cosmetology; provided, however, that in determining whether or not a particular partition is sufficient in character and construction to warrant approval, the state board or its representatives shall be guided solely by the principle that the more unsanitary the conditions are in the portion of the residence or building which is to be separated from the portion used as a cosmetology salon, the more substantial and impenetrable the partition must be. Nothing herein shall be construed to prohibit the work of body contouring in any regularly licensed cosmetology salon.

(8) A violation of any of the provisions of ss. 477.15 and 477.23.

(9) The willful failure by any owner or manager of a cosmetology salon or school of cosmetology to display the copy of s. 4 77.23 with rules and regulations as provided in s. 477.13.

(10) The refusal by any owner of a cosmetology salon or school of cosmetology or by any employee in charge thereof, to permit the board or its representatives to inspect the cosmetology salon or school of cosmetology during regular business hours, or any material interference by such owner or employees with the inspection of such salon or school by the board or its representatives during regular business hours.

(11) The willful or intentional removal of any photograph from the certificate to which it has been attached or the transfer of any photograph from one certificate to another certificate, by any person other than the members of the board or its representatives.

(12) The violation of any rule or regulation officially made by the board in aid or furtherance ofthis chapter, and approved by the '[Department of Health and Rehabilitative Services.]

(13) The practicing or attempting to practice any branch of cosmetology other than the branch or branches covered by the certificate.

(14) The failure of any master cosmetologist, cosmetologist, manicurist and pedicurist, or specialist to display his health certificate.

566


(15) The willful failure of any school of cosmetology to publicly display a certificate of registration which has been issued to it pursuant to law.

History.--s. 18, ch. 16800, 1935; CGL 1936 Supp. 8135(15); s. 8, ch. 20333, 1941; s. 2, ch. 20860, 1941; s. 17, ch. 21984, 1943; s. 12, ch. 63-195; s. 10, ch. 65-363; s. 5, ch. 67-275; ss. 19, 35, ch. 69-106; s. 425, ch. 71-136.

'Note.-Bracketed language substituted for "Division of Health." See s. 3(3), ch. 75-48.

477.28 Injunctions; when authorized.-The State Board of Cosmetology may institute legal proceedings to enjoin the violation of the provisions of this law upon the grounds set forth in subsections (1) and (2) in any court of competent jurisdiction, and such court may grant a temporary or permanent injunction restraining the violation thereof, and closing any cosmetology salon failing to comply therewith, and no injunction bond shall be required of the State Board of Cosmetology in any such proceedings:

(1) Upon any person, firm, or corporation violating any ofthe provisions ofss. 477.02, 477.08, 477.15, 477.23 and 477.27.

(2) Any cosmetology salon with a rating of less than 75 percent for three sanitary inspections during any calendar year, such rating to be based on the uniform system of ratings for sanitary inspection adopted by the State Board of Cosmetology.

History.-s. 18, ch. 21984, 1943; s. 12, ch. 63-195.

477.29 Transitory provisions.-(!) Every license, certificate or permit in force

immediately prior to May 28, 1963, and existing or issued under any law herein repealed is valid and will not be terminated by this amended law, unless earlier terminated or suspended.

(2) All rules and regulations adopted by the board and in effect immediately prior to May 28, 1963, which are not in direct conflict with any provisions herein, shall remain in full force and effect unless and until repealed, modified, or amended by the State Legislature.

(3) All persons who were members of the board immediately prior to May 28, 1963, shall serve as members of the board until the expiration of term to which each member was appointed.

(4) Chapter 63-195, Laws of Florida, shall not impair or affect any act done, offense committed, right accruing, accrued, or acquired, or liability, penalty, forfeiture, or punishment incurred prior to May 28, 1963, but the same may be enjoyed, asserted, enforced, prosecuted, or inflicted, as fully and to the same extent as if chapter 63-195, Laws of Florida, had not been passed.

Hlstory.-s. 10, ch. 63-195.

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Ch. 478 FLORIDA UNIFORM LAND SALES PRACTICES LAW Ch. 478

CHAPTER 478

FLORIDA UNIFORM LAND SALES PRACTICES LAW

478.011 478.021 478.041 478.061

478.081 478.091 478.121 478.131 478.141 478.151 478.161 478.171 478.191 478.211 478.221 478.23

478.24 478.25 478.26 478.27 478.28 478.29 478.30 478.31 478.33

Short title. Purpose and definitions. General powers and duties. Division to designate place of executive of-

fices. Employees of division. Seal and authentication of records. Application for registration. Fees. Inquiry and examination. Investigations and proceedings. Revocation; civil penalties. Cease and desist orders. Civil remedy. Penalties. Exemptions. Prohibitions on dispositions of interests in

subdivisions. Public offering statement. Notice of filing and registration. Annual report. Jurisdiction. Interstate rendition. Service of process. Uniformity of interpretation. Registration and regulation of salesmen. Inactive registrations.

478.011 Short title.-This chapter may be cited as the "Florida Uniform Land Sales Practices Law."

History.-s. 1, ch. 63-129; s. 1, ch. 67-229.

478.021 Purpose and def"mitions.-(1) This law is remedial as well as penal and the

remedial portions thereof shall be liberally construed to effectuate this purpose.

(2) When used in this chapter, unless the context otherwise requires:

(a) "Disposition" includes sale, lease, assignment, award by lottery, or any other transaction concerning a subdivision, if undertaken for gain or profit;

(b) "Offer" includes every inducement, solicitation or attempt to encourage a person to acquire an interest in land, if undertaken for gain or profit;

(c) "Person" means an individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity;

(d) "Purchaser" means a person who acquires or attempts to acquire or succeeds to an interest in land;

(e) "Subdivider" means any owner of subdivided land who offers it for disposition or the principal agent of an inactive owner;

(f) "Subdivision" and "subdivided lands" mean any land which is divided or is proposed to be divided for the purpose of disposition into 50 or more lots, parcels, units or interests and also includes any land, whether contiguous or not, if 50 or more lots, parcels, units or interests are offered as a part of a common

promotional plan of advertising and sale; (g) "Division" means the Division of Florida

Land Sales '[and Condominiums] of the Department of Business Regulation.

(h) "Salesman" means any person who within the state as agent or employee performs on behalf of a subdivider any one or more of the services or acts set forth in s. 475.01(2);

(i) "Notice" means a communication by mail from the division executed by its director or other duly authorized officer. Notice to subdividers shall be deemed complete when mailed to the subdivider's address currently on file with the division.

(j)l. "Advertising" shall include the publication or causing to be published of any information offering for sale or for the purpose of causing or inducing any other person to purchase or to acquire an interest in the title to subdivided lands, including the land sales contract to be used and any photographs or drawings or artist's representations of physical conditions or facilities on the property existing or to exist by means of any:

a. Newspaper or periodical; b. Radio or television broadcast; c. Written or printed or photographic matter

produced by any duplicating process producing 10 copies or more; or

d. Material used in connection with the disposition or offer of subdivided lands by radio, television, telephone or any other electronic means.

2. "Advertising" shall further include material used by subdividers or their agents, distributors, or any other persons to induce prospective purchasers to visit this state, particularly vacation certificates which involve a land sales presentation by a subdivider or his agents. The division may require full disclosure of pertinent information concerning a vacation or visitor campaign, including, but not limited to, terms and conditions of such offers and the fact and extent of participation in such a campaign by a subdivider. The division may further require reasonable assurances that the obligations incurred by a subdivider or his agents in a certificate program can be met.

3. "Advertising" shall not be deemed to include: stockholder communications such as annual reports and interim financia l reports, proxy materials, registration statements, securities prospectuses, applications for listing securities on stock exchanges, and the like; prospectuses, property reports, offering statements, or other documents required to be delivered to a prospective purchaser by an agency of any other state or the Federal Government; all communications addressed to and relating to the account of any persons who have previously executed a contract for the purchase of the subdivider's lands except when directed to the sale of additional lands; press releases or other communications delivered to newspapers or other periodicals for general information or public relations purposes, if no charge is made by such newspapers or other periodicals for the publication or use of any part of such communi-

568


cations. In all communications wherein any subdivider solicits or attempts to induce, entice, or otherwise influence any person who has previously executed a contract to prepay or accelerate payments on the contract, such as, but not limited to, discounts, vacation certificates, or trading stamps, the subdivider shall be required to advise such person that such prepayment will not accelerate the seller's obligation to deliver a deed or the time for making improvements to the subdivider's property, as set forth in the public offering statement required by this law to be furnished to the purchaser.

History.-s. 2, ch. 63-129; s. 1, ch. 65-274; s. 2, ch. 67-229; ss. 16, 35, ch. 69-106; s. 1, ch. 69-393; s. 2, ch. 71-98; s. 1, ch. 73-53; s. 1, ch. 73-54; s. 131, ch. 73-333.

'Note.-Bracketed words inserted by the editors. See ch. 75-62.

478.041 General powers and duties.-(1) The Division of Florida Land Sales '[and Con

domimiums] shall prescribe reasonable rules which shall be adopted, amended, or repealed in compliance with the Administrative Procedure Act.

(2) The division by rule or by an order, after reasonable notice and hearing, may require the filing of advertising material relating to subdivided lands prior to its distribution and may charge a fee not to exceed $10 for such advertising material filed.

(3) If it appears that a person has engaged or is about to engage in an act or practice constituting a violation of a provision of this chapter or a rule or order hereunder, the division, with or without prior administrative proceedings may bring an action in the Circuit Court to enjoin the acts or practices and to enforce compliance with this chapter or any rule or order hereunder. Upon proper showing, injunctive relief or temporary restraining orders shall be granted, and a receiver or conservator may be appointed. The division is not required to post a bond in any court proceedings.

(4) The division may intervene in a suit involving subdivided lands. In any suit by or against a subdivider involving subdivided lands, the subdivider promptly shall furnish the division notice of the suit and copies of all pleadings.

(5) The division may: (a) Accept registrations filed in other states or

with the Federal Government; (b) Contract with similar agencies in this state or

other jurisdictions to perform investigative functions;

(c) Accept grants-in-aid from any source; and (d) Require a subdivider to create an escrow ac

count, which account shall be maintained in a financial institution located within the State of Florida.

(6) The division shall cooperate with similar agencies in other jurisdictions to establish uniform filing procedures and forms, uniform public offering statement, advertising standards, rules and common administrative practices.

(7) Advertising submitted as part of the initial registration of land shall be treated as part of such initial registration. Advertising submitted subsequent thereto shall be deemed a subsequent filing and the division may require such further or other supporting data as may be deemed necessary at the time of the subsequent filing. Such subsequent filing shall be approved or disapproved within 10 days from the date of filing, provided, however, that in the

event the division or its staff fails to approve or disapprove such information within 10 days, the subdivider filing the same may publish or cause to be published or distributed all information which has been properly filed.

History.-s. 4, ch. 63-129; s. 4, ch. 67-229; s. 2, ch. 71-98; s. 1, ch. 72-378; s. 2, ch. 73-108.

'Note.-Bracketed words inserted by the editors. See ch. 75-62.

478.061 Division to designate place of executive offices.-The executive offices shall be established and maintained at a ·place designated by the division, which designated place may be changed in the discretion of the division.

History.-s. 6, ch. 63-129; s. 5, ch. 67-229; s. 2, ch. 71-98.

478.081 Employees of division.-The division shall employ, and at its pleasure discharge, such attorneys, inspectors, clerks and any other employees as shall be deemed necessary, and shall outline their duties and fix their compensation. The amount of per diem and mileage and expense money paid to employees shall be as provided in s. 112.061.


478.091 Seal and authentication ofrecords.The division shall adopt a seal by which it shall authenticate its proceedings. Copies of the proceedings, records and acts of the division, and certificates purporting to relate the facts concerning such proceedings, records and acts, authenticated by said seal, shall be prima facie evidence thereof in all the courts of this state.


478.121 Application for registration.-(!) The application for registration of subdivided

lands shall be filed as prescribed by the division's rules and shall contain such of the following documents and information as may be required by the division:

(a) An irrevocable appointment of the agency to receive service of any lawful process in any noncriminal proceeding arising under this chapter against the applicant or his personal representative;

(b) If the subdivided lands offered for registration are located within this state, '[a proposed plat meeting the criteria required by applicable law or ordinance and recorded prior to the sale of any lands and a showing of the relation of the subdivided lands to existing streets, roads, and other offsite improvements];

(c) If the subdivided lands offered for registration are located outside the state, a legal description of such lands, together with a map showing the division proposed or made, the dimensions of the lots, parcels, units, and interests, and the relation of the subdivided lands to existing streets, roads, and other offsite improvements;

(d) As to lands within this state, a showing that such lands meet or will meet at the time specified by the local governing bodies all requirements of the local governing bodies in effect on the date of registration, including, but not limited to, public roads and streets, drainage, telephone and electric utilities, domestic water supply, and sanitary sewage disposal.

(e) Notwithstanding paragraphs (b) and (d), for

569


lands within this state that are subdivided in lots or parcels that are larger than the maximum size lot for which subdivision improvements are required by local ordinance, special act, or general act of local application, 2[a showing of compliance] on the date of registration only with the applicable provisions of chapter 177.

(f) Notwithstanding paragraph (e) as to subdivisions or subdivided lands located within this state required to be registered under this chapter in which the minimum size lot or parcel is 2% acres or less, a showing that the access road to, and all streets within, the subdivision or subdivided lands will be traversable by conventional automobile pursuant to specifications adopted by the appropriate local governing body acceptable to the division and that arrangements acceptable to the division have been made for their permanent maintenance, taking into account the use for which the land is offered for sale and the requirements of the local governing body.

(g) The states or jurisdictions in which an application for registration or similar documents has been filed, and any adverse order, judgment, or decree entered in connection with the subdivided lands by the regulatory authorities in each jurisdiction or by any court;

(h) The applicant's name, address and the form, date and jurisdiction of organization, and the address of each of its offices in this state;

(i) The name, address, principal occupation for the past 5 years of every director and officer of the applicant or person occupying a similar status or performing similar functions; the extent and nature of any interest in the applicant or the subdivided lands as of a specified date within 30 days of the filing ofthe application of every person whose interest exceeds a 10 percent interest in the subdivider;

(j) A statement, in a form acceptable to the division, of the condition of the title to the subdivided lands including encumbrances as of a specified date within 30 days of the date of application by a title opinion of a licensed attorney, not a salaried employee, officer or director of the applicant or owner, or by other evidence of title acceptable to the agency;

(k) Copies of the instruments which will be delivered to a purchaser to evidence his interest in the subdivided lands and of the contracts and other agreements which a purchaser will be required to agree to or sign;

(l) Copies of the instruments by which the interest in the subdivided lands was acquired and a statement of any lien or encumbrance upon the title and copies of the instruments creating the lien or encumbrance, if any, with data as to recording;

(m) If there is a lien or encumbrance affecting more than one lot, parcel, unit or interest, a statement of the consequences for a purchaser of failure to discharge the lien or encumbrance and the steps, if any, taken to protect the purchaser in case of this eventuality;

(n) Copies of instruments creating easements, restrictions or other encumbrances affecting the subdivided lands;

(o) A statement of the zoning and other governmental regulations affecting the use of the subdivided lands and also of any existing tax and existing or

proposed special taxes or assessments which affect the subdivided lands;

(p) A statement of the existing provisions for legal and physical access, but ifthere are no provisions for physical access, then a statement to that effect; a statement of the existing or proposed provisions for sewage disposal and potable water; a statement of other public utilities available in the subdivision; a statement of the improvements to be installed and the schedule for their completion; and a statement as to the provisions for improvement maintenance;

(q) A narrative description of the promotional plan for the disposition of the subdivided lands together with copies of all advertising material which has been prepared for public distribution by any means of communication;

(r) The proposed public offering statement; (s) Any other information, including any current

financial statement, which the division by its rules requires for the protection of purchasers.

(2) If the subdivider registers additional subdivided lands to be offered for disposition, he may consolidate the subsequent registration with any earlier registration offering subdivided lands for disposition under the same promotional plan.

(3) After an order of registration has been issued, no material change, alteration, or modification of the offering shall be made by the subdivider without first notifying the division director in writing and obtaining written approval of the division director. Such approval will not be unreasonably withheld, and in any event a decision will be rendered within 20 days from the date adequate information has been provided the division director by the subdivider.

(4) If the subdivided lands, or any portion thereof, are subject to the permit requirements of chapter 253, the subdivider shall, prior to the entry of an order pursuant to s. 478.25(2) registering the subdivided lands, furnish evidence satisfactory to the division that all permits required by the terms of chapter 253 have been obtained. However, all permits required by this subsection shall be issued for an initial period of time which shall terminate not earlier than the scheduled completion date of the promised improvements for the subdivided lands being filed for registration, but in no event shall such permits be for a term longer than 5 years from the date of issuance. The 5-year period shall commence upon receipt by the applicant of all governmental authorizations, state and federal, including such certification from the "[Department of Environmental Regulation] under chapter 403, as may be required for the promised improvements. Extentions of the permits referred to herein shall be governed by the provisions of chapter 253.

(5) If the subdivided lands or any portion thereof are subject to the certification requirements of the Federal Water Pollution Control Act (Public Law 92-500), the subdivider shall, prior to the entry of an order pursuant to s. 478.25(2) registering the subdivided lands, furnish evidence satisfactory to the division that state certificates required by the Federal Water Pollution Control Act have been obtained.

(6) The registrant of any unplatted subdivision or subdivided lands for which the division has grant-

570


ed a registration prior to July 1, 1973, shall have until January 1, 1975, within which to provide the affirmative showing required by paragraphs (b), (c), (d), (e), and (f) of subsection (1) without additional registration of the subdivision or subdivided lands. The registration of any unplatted subdivision or subdivided lands for which the affirmative showing herein required is not made by January 1, 1975, as herein provided shall be canceled by the division and shall be of no further force or effect unless at least 30 percent of the lots or parcels in such unplatted subdivision or subdivided lands have been subject to deeds, agreements for deeds, installment land sales contracts, or other instruments of conveyance properly executed prior to January 1, 1975. However, any lots or parcels within any such unplatted subdivision that were sold, or for which contracts for sale were entered into, prior to January 1, 1975, may be excluded from the plat of such subdivision required by this act.

History.-s. 12, ch. 63-129; s. 11, ch. 67-229; s. 2, ch. 69-393; s. 2, ch. 71-98; s. 1, ch. 73-51; s. 1, ch. 73-52; ss. 1, 2, 4, ch. 73-348; s. 1, ch. 74-179.

'Note.-In the interest of clarity, the editors substituted the bracketed words for the following: "a proposed plat shall be recorded prior to the sale of any lands which plat meets the criteria required by applicable law or ordinance, and a showing shall be made of the relation of the subdivided lands to existing streets, roads and other offsite improvements."

'Note.-In the interest of clarity, the editors substituted the bracketed phrase for the following: "the subdivider shall be required to comply."

'Note.-Bracketed language substituted for "Department of Pollution Con· trol." See s. 8, ch. 75-22.

478.131 Fees.-The division shall charge a filing fee for each application for registration of subdivided lands located within the state, which fee shall be based on the following schedule:

(1) A fee which shall not exceed $250 for a subdivision comprised of fewer than 100 lots, parcels, units, or interests, plus a fee not to exceed $1 for each lot, parcel, unit, or interest over 100. .

(2) Each filing or registration shall be renewed annually and the fee therefor shall not exceed $200. The renewal fee shall be payable no later than January 31. The division may assess a penalty not to exceed $10 per day for each day after January 31 that the registration is delinquent, but said penalty shall not exceed the sum of $300. The registration of any subdivision for which renewal of registration is more than 10 days delinquent shall be automatically suspended until such time as the proper renewal fee, plus penalties, if any, has been submitted to the division.

(3) The division shall charge subdividers of outof-state subdivisions disposed of or offered for disposition in this state an initial fee and an annual fee equal to the fees charged for subdivided lands located within the state. The application for registration required by s. 478.121 shall be accompanied by the initial fee, and when an inspection is to be made of subdivided lands situated outside of the state and being disposed of or offered for disposition in this state, the application for registration shall also be accompanied by an amount equivalent to the cost of travel from Florida to the location of the subdivided lands and return, as estimated by the division, and by a further amount estimated to be necessary to cover the additional expenses of such inspection as prescribed by s. 112.061, for each day spent in the examination of the subdivided lands. Before acceptance of the registration, as provided in this law, the

subdivider shall pay any other actual verified expenses incurred in such inspection and examination.

(4) The division may charge subdividers who seek an exemption under this chapter an initial fee of$50. The application for exemption shall be accompanied by the initial fee, and when an inspection or examination is to be made of subdivided lands for which an exemption is sought, the subdivider shall also pay all actual verified expenses incurred in such inspection or examination.

(5) The division may contract with any subdivider or others for reasonable charges for any extra or special service pertaining to any registration or application for registration.

History.-s. 13, ch. 63-129; s. 12, ch. 67-229; s. 3, ch. 69-393; s. 2, ch. 71-98.

478.141 Inquiry and examination.-Upon receipt of an application for registration in proper form, the division shall forthwith initiate an examination to determine that:

(1) The subdivider can convey or cause to be conveyed the interest in subdivided lands offered for disposition if the purchaser complies with the terms of the offer, and when appropriate, that release clauses, conveyances in trust or other safeguards have been provided;

(2) There is reasonable assurance that all proposed improvements will be completed as represented·

(3) The advertising material and the general promotional plan are not false or misleading and comply with the standards prescribed by the division in its rules and afford full and fair disclosure;

(4) The subdivider has not, or if a corporation, its officers, directors, and principals have not been convicted of a crime involving land dispositions or any aspect of the land sales business in this state, United States, or any other state or foreign country within the past 10 years;

(5) There is no evidence which would reasonably lead the division to believe that the subdivider, or if a corporation, its officers, directors or principals are contemplating a fraudulent or misleading sales promotion;

(6) The public offering statement requirements of this chapter have been satisfied.


478.151 Investigations and proceedings.(!) The division may: (a) Make necessary public or private investiga

tions within or outside of this state to determine whether any person has violated or is about to violate this chapter or any rule or order hereunder, or to aid in the enforcement of this chapter or in the prescribing of rules and forms hereunder;

(b) Require or permit any person to file a statement in writing, under oath or otherwise as the division determines, as to all the facts and circumstances concerning the matter to be investigated.

(2) For the purpose of any investigation or proceeding under this chapter, any officer designated by rule may administer oaths or affirmations, and upon motion of the division or upon request of any party to such investigation or proceeding the division shall subpoena witnesses, compel their attendance, take

571


evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence.

(3) Upon failure to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable notice to all persons affected thereby, the division may apply to circuit court for an order compelling compliance.

(4) The division may permit a subdivider or salesman registered with the division whose conduct or actions may be under investigation to waive formal proceedings and enter into a consent proceeding whereby orders, rules, or letters of censure or warning, whether formal or informal, may be entered against said subdivider or salesman.

History.--s. 15, ch. 63-129; s. 14, ch. 67-229; s. 4, ch. 69-393; s. 2, ch. 71-98.

478.161 Revocation; civil penalties.-(!) A registration may be revoked after notice

and hearing upon a written finding of fact that the subdivider has:

(a) Failed to comply with the terms of a cease and desist order;

(b) Been convicted in any court subsequent to the filing of the application for registration for a crime involving fraud, deception, false pretenses, misrepresentation, false advertising or dishonest dealing in real estate transactions;

(c) Disposed of, concealed or diverted any funds or assets of any person so as to defeat the rights of subdivision purchasers;

(d) Failed to faithfully perform any stipulation or agreement made with the division as an inducement to grant any registration, to reinstate any registration, or to approve any promotional plan or public offering statement;

(e) Made intentional misrepresentations or concealed material facts in an application for registration. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings.

(2) If the division finds after notice and hearing that the subdivider has been guilty of a violation for which revocation could be ordered, it may issue a cease and desist order instead.

(3) In lieu of revocation, the division may impose civil penalties against the holders of registrations for violations of this chapter or rules and regulations relating thereto. No civil penalty so imposed shall exceed $1,000 for each offense, and all amounts collected shall be deposited with the State Treasurer to the credit of the General Revenue Fund. If the holder of such registration fails to pay the civil penalty, the division shall thereupon issue an order to such registrant directing that such registrant cease and desist from further operation until such time as the civil penalty is paid. In order to permit the registrant an opportunity either to appeal such decision administratively or to seek relief in a court of competent jurisdiction, the order requiring the payment of a civil penalty shall not become effec:tive until 20 days

after the date of said order. If the registrant, during such 20-day period, seeks relief from such order, then such order for payment shall be superseded until the registrant has exhausted his administrative or judicial review.

History.-s. 16, ch. 63-129; s. 15. ch. 67-229; s. 2, ch . 71-98; s. 1, ch. 72-365.

478.171 Cease and desist orders.-(1) If the division determines after notice and

hearing that a person has: (a) Violated any provision of this chapter; (b) Directly or through an agent or employee

knowingly engaged in any false, deceptive, or misleading advertising, promotional or sales methods to offer or dispose of an interest in subdivided lands;

(c) Made any substantial change in the plan of disposition and development of the subdivided lands subsequent to the order of registration without obtaining prior written approval from the division;

(d) Disposed of any subdivided lands which have not been registered with the division; or

(e) Violated any lawful order or rule of the division;

it may issue an order requiring the person to cease and desist from the unlawful practice and take such affirmative action as in the judgment of the division will carry out the purposes of this chapter.

(2) If the division makes a finding of fact in writing that the public interest will be irreparably harmed by delay in issuing an order, it may issue a temporary cease and desist order. Prior to issuing the temporary cease and desist order, the board, whenever possible, by telephone or otherwise shall give notice of the proposal to issue a temporary cease and desist order, the division, whenever possible, by cease and desist order shall include in its terms a provision that upon request a hearing will be held promptly to determine whether or not it becomes permanent.


478.191 Civil remedy.-(1) Any subdivider who disposes of subdivided

lands in violation ofs. 478.23, or who in disposing of subdivided lands makes an untrue statement of a material fact, or who in a registration statement or public offering statement makes an untrue statement of a material fact or omits a material fact required to be stated therein, is liable as provided in this section to the purchaser unless in the case of an untruth or omission it is proved that the purchaser knew of the untruth or omission or that the subdivider offering or disposing of subdivided lands did not know and in the exercise of reasonable care could not have known of the untruth or omission, or that the purchaser did not rely on the untruth or omission.

(2) In addition to any other remedies, the purchaser, under the preceding subsection, may sue either in law or in equity to recover the consideration paid for the lot, parcel, unit or interest in subdivided lands together with interest at the rate of 6 percent per year from the date of payment, property taxes paid, court costs and reasonable attorney's fees to the prevailing party, less the amount of any income received from the subdivided lands upon tender of

572


appropriate instruments of reconveyance made at any time before the entry of judgment.

(3) Every person who materially participates in any disposition of subdivided lands in the manner specified in subsection (1), if such person directly or indirectly controls a subdivider, is a general partner, officer, director, salesman, agent or an employee of a subdivider, shall also be liable jointly and severally with and to the same extent as the subdivider, unless such person otherwise liable did not know, and in the exercise of reasonable care could not have known, of the existence of the facts by which such liability is alleged to exist. There is a right of contribution as in cases of contracts among persons so liable.

(4) Every person whose occupation gives authority to a statement which with his consent has been used in an application for registration or public offering statement, if he is not otherwise associated with the subdivision and development plan in a material way, is liable only for false statements and omissions in his statement if he did know or in the exercise of the reasonable care of a man in his occupation could have known of the existence of the facts by reason of which the liability is alleged to exist.

(5) Any stipulation or provision purporting to bind any person acquiring subdivided lands to waive compliance with this chapter or any rule or order under it is void.


478.211 Penalties.-(!) Any subdivider who willfully violates any

provision of this chapter or who willfully, in an application for registration makes any untrue statement of a material fact or omits to state a required material fact, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) Any person other than a subdivider who willfully violates any cease and desist order issued under any provision of this chapter or who willfully, in an application for registration makes any untrue statement of a material fact or omits to state a required material fact, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.


478.221 Exemptions.-(!) Unless the method of disposition is adopted

for the purpose of evasion of this chapter, the provisions of this chapter do not apply to offers or dispositions of an interest in land:

(a) By a purchaser of subdivided lands for his own account in a single or isolated transaction;

(b) Pursuant to court order; (c) By any government or government agency; (d) As cemetery lots or interests; (e) Offers or dispositions of evidences of indebted

ness secured by a mortgage or deed of trust of real estate;

(f) Offers or dispositions of securities or units of interest issued by a real est11-te investment trust regulated under any state or federal statute;

(g) A subdivision as to which the plan of disposition is to dispose to 10 or fewer persons;

(h) Offers or dispositions of securities currently

registered with the Department of Banking and Finance;

(i) Offers or dispositions of any interest in oil, gas or other minerals or any royalty interest therein if the offers or dispositions of such interests are regulated as securities by the United States or by the Department of Banking and Finance; and

(j) Any offer or disposition constituting a single sale or offer to sell to a person when the sale and purchase price is $50,000 or more.

(2) The provisions of this chapter shall not apply to:

(a) The sale or lease of land to any person engaged in the business of construction of residential or commercial buildings or to any person who acquires such land for the purpose of resale or lease to a person engaged in any such business. This exemption shall not apply if the person who acquires land for the purposes stated herein sells such land to individuals as unimproved lots with no legal obligation on the part of the seller to construct a building on said lot within 2 years from the date of disposition, nor shall this exemption apply to persons otherwise regulated under this chapter.

(b) Offers or dispositions of an interest in land on which there is a residential, commercial, or industrial building or as to which there is a legal obligation on the part of the seller to construct such a building within 2 years from date of disposition;

(c) Offers or dispositions of lots contained in a recorded subdivision plat, provided all of the following conditions exist:

1. Each lot is situated on a paved and dedicated road or street constructed to the specifications of the board of county commissioners of the county, or the governing body of the municipality, which has accepted such road or street for maintenance;

2. The subdivision has drainage structures and fill necessary to prevent flooding, which structures and fill have been approved by the board of county commissioners in the county or the governing body of the municipality;

3. Electric power is available at or near each lot; 4. Domestic water supply and sanitary sewage

disposal are available at or near each lot, meeting the requirements ofthe applicable governmental authority; and

5. The subdivider is at all times prepared to convey title to the purchaser by general warranty deed unencumbered by any mortgages or other liens.

(3) The division director may also grant additional exemptions after the division has had demonstrated to its satisfaction that the subdivider has qualified for an order of exemption in those cases involving offers or dispositions of interests in subdivided lands where:

(a) At all times during the life of the agreements to purchase, the subdivider has clear title to such subdivided lands;

(b) The subdivider is at all times prepared to convey clear title to the purchaser and has completed all improvements promised, if any;

(c) The land is useful for the purpose for which it

573


is offered; and (d) The purchaser has personally inspected the

property to be purchased prior to the execution of the agreement and has so certified in writing.

History.-s. 19, ch. 67-229; ss. 12, 35, ch. 69-106; s. 5, ch. 69-393; s. 2, ch. 71-98; s. 1, ch. 73-108.

478.23 Prohibitions on dispositions of interests in subdivisions.-

(!) Unless the subdivided lands or the transaction is exempt by s. 478.221:

(a) No person may offer or dispose of, or participate in an offer or disposition of, any interest in subdivided lands located in this state, nor may any person offer or dispose of, or participate in an offer or disposition of, subdivided lands or any interest in subdivided lands located without this state to persons in this state, prior to the time the subdivided lands are registered in accordance with this chapter;

(b) No person may dispose or participate in the disposition of any interest in subdivided lands unless a current public offering statement is delivered to the purchaser at least 48 hours prior to the disposition and the purchaser is afforded a reasonable opportunity to examine the public offering statement prior to the disposition, except that this provision shall not apply when the contract used contains a 48-hour voidability clause.

(c) No person may dispose or participate in the disposition of any interest in subdivided lands by solicitation of sales by long distance telephone of subdivisions or subdivided lands required to be registered pursuant to this chapter unless one of the following enumerated actions takes place subsequent to the solicitation of the sale by long distance telephone:

1. The prospective purchaser has personally inspected the property prior to the execution of the agreement to purchase and has so certified in writing; or

2. The subdivider has furnished the prospective purchaser with a copy of a synopsis or summary of the sales script, which synopsis or summary has been approved by the division, and a current public offering statement, either by certified mail or personal delivery, prior to the execution of the agreement to purchase and the purchaser has so certified in writing to the receipt thereof.

The documents mailed or delivered in accordance herewith shall be governed by s. 478.24(4). The prospective purchaser shall be given an unconditional 90-day refund privilege extending from the time of the execution by the prospective purchaser of the agreement to purchase, and the subdivider shall include this unconditional right in the agreement to purchase and the public offering statement.

(2) Any contract for sale or sale of subdivided lands in violation of this section shall be voidable by the purchaser, and the purchaser may, in addition to any other remedy provided by law, recover from the subdivider the total amount paid on the contract or sale by the purchaser and a reasonable attorney's fee if suit is brought and the purchaser prevails. No action shall be maintained to enforce any liability created under this section unless brought within 3 years after the discovery of the violation of this sec-

tion or after such discovery should have been made by the exercise of reasonable diligence. In no event shall any action be brought more than 5 years after the date the purchaser made his first payment of money to the subdivider.

History.-s. 20, ch. 67-229; s. 6, ch. 69-393; s. 131, ch. 71-355; s. 1, ch. 73-175; s. 1, ch. 73-178.

478.24 Public offering statement.-(!) A public offering statement shall disclose ful

ly and accurately the physical characteristics of the subdivided lands offered and shall make known to prospective purchasers all unusual and material circumstances or features affecting the subdivided lands. The proposed public offering statement submitted to the division shall be in a form prescribed by its rules and shall include the following, unless otherwise provided by the division:

(a) The name and principal address of the subdivider;

(b) A general description of the subdivided lands stating the total number of lots, parcels, units or interests in the offering;

(c) The significant terms of any encumbrances, easements, liens and restrictions, including zoning and other regulations affecting the subdivided lands and each unit or lot, and a statement of all existing taxes and existing or proposed special taxes or assessments which affect the subdivided lands;

(d) A statement of the use for which the property is offered;

(e) Information concerning improvements, including streets, water supply, levees, drainage control systems, irrigation systems, sewage disposal facilities and customary utilities, and the estimated cost, date of completion and responsibility for construction and maintenance of existing and proposed improvements which are referred to in connection with the offering or disposition of any interest in subdivided lands;

(f) Additional information required by the division to assure full and fair disclosure to prospective purchasers.

(2) The public offering statement shall not be used for any promotional purposes before registration of the subdivided lands and afterwards only if it is used in its entirety. No person may advertise or represent that the division approves or recommends the subdivided lands or disposition thereof. No portion of the public offering statement may be underscored, italicized or printed in larger or heavier or different color type than the remainder of the statement unless the division requires it.

(3) The division may require the subdivider to alter or amend the proposed public offering statement in order to assure full and fair disclosure to prospective purchasers, and no change in the substance ofthe promotional plan or plan of disposition or development of the subdivision may be made after registration without notifying the division and without making appropriate amendment of the public offering statement. A public offering statement is not current unless all amendments are incorporated.

(4) The division may limit the amount and format of the promotional materials that are submitted

574


to a prospective purchaser with the public offering statement.


478.25 Notice of filing and registration.-(!) Upon receipt of the application for registra

tion in proper form, the division shall issue a notice of filing to the applicant. Within 45 days from the date of the notice of filing, the division shall enter an order registering the subdivided lands or rejecting the registration. If no order of rejection is entered within 45 days from the date of notice of filing, the land shall be deemed registered unless the applicant has consented in writing to a delay.

(2) If the division affirmatively determines, upon inquiry and examination, that the requirements ofs. 478.141 have been met, it shall enter an order registering the subdivided lands and shall designate the form of the public offering statement.

(3) If the division determines upon inquiry and examination that any of the requirements of s. 478.141 have not been met, the division shall notify the applicant that the application for registration must be corrected in the particulars specified within 10 days. If the requirements are not met within the time allowed the division shall enter an order rejecting the registration which shall include the findings of fact upon which the order is based. The order rejecting the registration shall not become effective for 20 days during which time the applicant may petition for reconsideration and shall be entitled to a hearing.

(4) Notwithstanding the provisions of subsections (4) and (5) ofs. 478.121, the land sales division shall enter an order registering subdivided lands which are otherwise qualified for registration pursuant to this act when:

(a) The applicant submits evidence that he has applied for the permits required by chapter 253 and the certificates required by the Federal Water Pollution Control Act (Public Law 92-500), and

(b) The state agency charged with the responsibility of issuing such permits or certificates has failed within 120 days of the filing of the applications either:

1. To issue such a permit or certificate; or, 2. To issue a denial of such application setting

forth in writing: a. The regulations, guidelines, and criteria or

standards used in evaluating the application; b. The reasons for denial and the regulations,

guidelines, and criteria the application fails to satisfy; and

c. The action the applicant would have to take to satisfy the agency's permit or certificate requirements.

Any subdivider who is issued an order of registration under this subsection shall be required to show in its public offering statement, in a manner prescribed by the division, that it has not been granted the necessary permit, certificate, or other authorization which must be granted prior to the construction of a specified improvement.

History.-s. 22, ch. 67-229; s. 2, ch. 71-98; s. 3, ch. 73-348; s. 1, ch. 74-226.

478.26 Annual report.-(1) Within 30 days after each annual anniversa

ry date of an order registering subdivided lands, the subdivider shall file a report in the form prescribed by the rules of the division. The report shall reflect any material changes in information contained in the original application for registration.

(2) The division at its option may permit the filing of annual reports within 30 days after the anniversary date of the consolidated registration in lieu of the anniversary date of the original registration.

History.-s. 23, ch. 67-229; s. 2, ch. 71-98.

478.27 Jurisdiction.-Dispositions of subdivided lands are subject to this chapter, and the circuit courts of this state have jurisdiction in claims or causes of action arising under this law, if:

(1) The subdivided lands offered for disposition are located in this state; or

(2) The subdivider's principal office is located in this state; or

(3) Any offer or disposition of subdivided lands is made in this state, whether or not the offeror or offeree is then present in this state, if the offer originates within this state or is directed by the offeror to a person or place in this state and received by the person or at the place to which it is directed.

History.-s. 24, ch. 67-229.

478.28 Interstate rendition.-In the proceedings for extradition of a person charged with a crime under this chapter, it need not be shown that the person whose surrender is demanded has fled from justice or at the time of the commission of the crime was in the demanding or other state.

History.-s. 25, ch. 67-229.

478.29 Service of process.-(!) In addition to the methods of service provided

for in the Rules of Civil Procedure and the Florida Statutes, service may be made by delivering a copy of the process to the director of the division, but it is not effective unless:

(a) The plaintiff (which may be the division in a proceeding instituted by it) forthwith sends a copy of the process and of the pleading by certified mail to the defendant or respondent at his last known address, and

(b) The plaintiffs affidavit of compliance with this section is filed in the case on or before the return day of the process, if any, or within such further time as the court allows.

(2) If any person, including any nonresident of this state, engages in conduct prohibited by this chapter, or any rule or order hereunder, and has not filed a consent to service of process and personal jurisdiction over him cannot otherwise be obtained in this state, that conduct authorizes the director to receive service of process in any noncriminal proceeding against him or his successor which grows out of that conduct and which is brought under this chapter or any rule or order hereunder, with the same force and validity as if served on him personally. Notice shall be given as provided in subsection (1).

History.-s. 26, ch. 67-229; s. 2, ch. 71-98.

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478.30 Uniformity of interpretation.-This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.

History.-s. 27, ch. 67-229.

478.31 Registration and regulation of salesmen.-

(1) No person shall dispose of or attempt to dispose of subdivided land as a salesman until he is registered with the division as a salesman; provided, however, registration shall not be required of any person who is currently licensed by the Fiorida Real Estate Commission as a broker or as a salesman in such a broker's employ where such broker and salesman do not engage in repeated and successive transactions of a similar character on behalf of a subdivider; provided, this section shall not apply to salesmen in other states, territories or countries disposing of or offering to dispose of, in such other states, territories or countries, subdivided landf> in this state, if such salesman is authorized to make dispositions or offers of dispositions of real estate in the state, territory, or country in which he makes such dispositions or offers for dispositions.

(2) Each application filed for registration as a salesman shall be accompanied by a filing fee not to exceed $10, said fee being nonrefundable. Each salesman's certificate issued hereunder shall be renewed annually upon the payment of a fee not to exceed $10 on a date prescribed by rule or regulation.

(3) A certificate of registration of a salesman may be suspended for a period of not more than 6 months or a fine imposed of not more than $500, after notice and hearing and upon a finding of fact showing that the salesman has:

(a) Violated any provisions of this chapter; (b) Directly and knowingly engaged in any false,

deceptive, or misleading promotion or sales method for the purpose of offering or disposing of interest in subdivided land:

(c) Made statements contrary to the information contained in the approved promotional publications and the current public offering statement;

(d) Failed to deliver to a purchaser of registered land a copy of the current public offering statement at least 48 hours prior to the execution of a purchase

agreement unless the contract used contains a provision for voidability at the option of the purchaser for 48 hours following the signing thereof;

(e) Violated any lawful order, rule or regulation made or issued, or promulgated by the division.

(4) The registration of a salesman may be revoked or suspended for a period of not more than 1 year or a fine imposed of not more than $1,000 after notice and hearing and upon a finding of fact showing that the salesman has:

(a) Persisted in the doing of any act for which his registration could be suspended;

(b) Been convicted in any court for a crime involving fraud, deception, false pretense, misrepresentation, or dishonest dealing in any business transaction or of a crime involving moral turpitude;

(c) Disposed of, concealed or diverted any funds or assets of a purchaser, for his own use and benefit;

(d) Failed to account for any funds or assets received from purchasers to his employer;

(e) Obtained his registration certificate or any other order, ruling or authorization by means of fraud, misrepresentation, or concealment of material facts.

(5) No certificate of registration of a salesman shall be issued by the division until the applicant has demonstrated, by examination or otherwise, that he is familiar with this chapter and the rules and regulations of the division. Salesmen having valid certificates of registration on January 1, 1969, shall be exempt from this provision, except that any registered salesman whose conduct becomes the subject of disciplinary measures, whether formal or informal, or who seeks to transfer his license, may also be required to comply with the testing procedures adopted pursuant to this section.

History.-s. 29, ch. 67-229; ss. 7, 8, ch. 69-393; s. 2, ch. 71-98; s. 1, ch. 73-55.

478.33 Inactive registrations.-Each filing or registration shall be renewed annually until such time as the contracts and obligations assumed in the disposition of the subdivided lands have been substantially fulfilled, as may be determined by the division, and the annual registration fee shall be that determined by the division.


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Ch. 479 OUTDOOR ADVERTISERS Ch. 479

CHAPTER 479

OUTDOOR ADVERTISERS

479.01 479.02 479.025

479.03

479.04 479.05 479.06 479.07 479.08 479.10 479.11 479.111 479.12 479.13 479.14 479.15 479.16 479.17 479.18 479.19 479.20 479.21

479.22 479.23 479.24

Definitions. Enforcement of provisions by department. Execution of agreement; construction

moratorium. Territory to which act applies; entries, ex-

aminations and surveys. Licensed outdoor advertisers. Revocation of license. Bond required from out of state licensee. Individual device permits; fees; tags. Revocation of permit. Removal. Certain outdoor advertising prohibited. Certain advertising signs permitted. Outdoor advertising on highways. Written permission of owner required. Disposition of fees. Harmony of regulations. Certain advertisements excepted. Violation a nuisance; abatement. Penalties. Application of chapter. Duty of department. Penalties for molesting licensed struc-

tures. Inapplicability of chapter. Removal of signs. Compensation for removal of signs; emi

nent domain; exceptions.

479.01 Definitions.-The following terms, wherever used or referred to in this chapter, shall have the following meanings unless a different meaning clearly appears from the context:

(1) "Sign" means any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing, whether placed individually or on a V-type, back-to-back, or doublefaced display, designed, intended, or used to advertise or inform, any part of the advertising or informative contents of which is visible from any place on the main-traveled way of the interstate, federal-aid primary highway system or the state highway system.

(2) "Business of outdoor advertising" means the business of constructing, erecting, operating, using, maintaining, leasing, or selling outdoor advertising structures, outdoor advertising signs, or outdoor advertisements.

(3) "Department" means the Department of Transportation of the state.

(4) "Highway" means every way or place of whatever nature open to the use of the public for purposes of vehicular travel in this state.

(5) "Person" means an individual, partnership, association, or corporation.

(6) "Post" means post, display, print, paint, burn, nail, paste, or otherwise attach.

(7) "Real property" means any property physically attached or annexed to real property in any manner whatsoever.

(8) "Town" means an incorporated town or city. (9) "Commercial or industrial zone" means an

area within 660 feet of the nearest edge of the rightof-way of the interstate, federal-aid primary system or state highway system zoned commercial or industrial under authority of state law.

(10) "Unzoned commercial or industrial area" means an area within 660 feet of the nearest edge of the right-of-way of the interstate, federal-aid primary system or state highway system not zoned by state or local law regulation or ordinance, in which there is located one or more industrial or commercial activities generally recognized as commercial or industrial by zoning authorities in this state, except that the following activities may not be so recognized:

(a) Outdoor advertising structures. (b) Agricultural, forestry, ranching, grazing,

farming, and related activities, including, but not limited to, wayside fresh produce stands.

(c) Transient or temporary activities. (d) Activities not visible from the main-traveled

way. (e) Activities more than 660 feet from the near

est edge of the right-of-way. (f) Activities conducted in a building principally

used as a residence. (g) Railroad tracks and minor sidings.

Distances adjacent to the activity and other measurements for the purpose of this section shall be defined by agreement between the Federal Government and the department.

(11) "Urban area" means an urbanized area or an urban place, as designated by the United States Bureau of the Census, having a population of 5,000 or more and not within any 1[urbanized] area, within boundaries to be fixed by the state Department of Transportation and approved by the United States Secretary of Transportation. Such boundaries shall, at a minimum, encompass the entire urban 1[place] designated by the Bureau of the Census.

(12) "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into or establish; but it shall not include any of the foregoing activities when performed as an incident to the change of advertising message or customary maintenance or repair of a sign structure.

(13) "Interstate highway" means any highway officially designated as part of the national system of interstate and defense highways by the Department of Transportation and approved by the appropriate authority of the Federal Government.

(14) "Federal-aid primary highway system" means any highway, other than an interstate highway, officially designated as a part of the federal-aid primary system by the Department of Transportation and approved by the appropriate authority of the Federal Government.

(15) "Maintain" means to allow to exist. (16) "Main-traveled way" means the traveled

way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separate roadways for traffic in opposite

577


directions is a main-traveled way. It does not include such facilities as frontage roads, turning roadways, or parking areas.

(17) "Visible" means that the advertising copy of informative contents, whether or not legible, is capable of being seen without visual aid by a person of normal visual acuity.

History.-s. I, ch. 20446, 1941; s. I, ch. 65-397; s. 5, ch. 67-461; ss. 23, 35, ch. 69-106; s. 175, ch . 71-377; s. I , ch. 71-971; s. I , ch. 75-202.

1Note.-Word "urbanized" substituted for "unurbanized" and word "place" substituted for "area" to correct apparent error in preparation of H.B. 1384. Apparent intent was to conform definition to federal law." See s. IOI(a), Title 23, U.S. Code.

479.02 Enforcement of provisions by department.-It shall be the function and duty of the department to:

(1) Administer and enforce the provisions of this chapter including, but not limited to, executing agreements in conjunction with the governor in accordance with title I of the Highway Beautification Act of 1965 and Title 23, U.S. Code;

(2) Regulate size, lighting, and spacing of signs permitted in the zoned and unzoned commercial and zoned and unzoned industrial area;

(3) Determine unzoned commercial and industrial areas; and

(4) Regulate signs relating to food, lodging, camping, vehicle service, and attractions, subject to current federal regulations.

History.-s. 2, ch. 20446, 1941; s. 5, ch. 67-461; ss. 23, 35, ch. 69-106; s. 2, ch. 71-971; s. I , ch. 72-274.

479.025 Execution of agreement; construction moratorium.-The Governor is authorized to negotiate and execute an agreement as described in s. 479.02, which said agreement shall be effective upon execution. The agreement shall be considered for ratification by the Legislature at its next regular session, and no signs shall be removed under this chapter and the agreement until the agreement is ratified. However, there is hereby declared to be a moratorium on the construction of any signs declared or by said agreement to be unlawful except in commercial or industrial zoned areas until such agreement is ratified by the Legislature.

History.-s. 3, ch. 71-971.

479.03 Territory to which act applies; entries, examinations and surveys.-The territory under the jurisdiction of the department for the purpose of this chapter shall include all the state. Employees of the department, in the performance of their functions and duties under the provisions of this chapter, may enter into and upon any land upon which advertising structures are standing or upon which advertising signs or advertisements are displayed and make such examinations and surveys as may be relevant.

History.-s. 3, ch. 20446, 1941; s. 7, ch. 22858, 1945; s. 5, ch. 67-461; ss. 23, 35, ch. 69-106; s. 4, ch. 71-971.

479.04 Licensed outdoor advertisers.-(!) No person shall engage in or continue in the

business of outdoor advertising in this state outside the corporate limits of any city or town without first obtaining a license therefor from the department; and no person shall construct, erect, operate, use, maintain, lease or sell any neon, outdoor advertising structure or outdoor advertising sign or outdoor ad-

vertisement of any kind in this state outside the corporate limits of any city or town without first obtaining such license from the department. The fee for such license, hereby imposed for revenue for the use of the state shall be $25 per annum for the operation in one county, $75 per annum for persons or corporations operating under this act in two to eight counties, and $200 per annum for those operating in more than eight counties, payable in advance, and $15 per annum, payable annually in advance for the use of the county, in each and every county within the state in which such licensee shall engage or continue in the business of outdoor advertising as aforesaid. Applications for licenses, or renewal oflicenses, shall be made on forms furnished by the department and shall contain such pertinent information as the department may require and shall be accompanied by the annual fee. All outdoor advertisement fees shall be payable January 1 of each year. Fees for licenses to engage in the business of outdoor advertising shall not be prorated. Nothing in this section shall be construed to require any person to obtain a license who constructs, erects, operates, uses or maintains an outdoor advertising structure or outdoor advertising sign or outdoor advertisement solely on his own property, as herein provided; nor shall any person be required to obtain the license provided for in this section to erect, use or maintain signs at whatever location which relate solely to merchandise, services or entertainment sold, produced, manufactured or furnished by said person at a place of business or residence of which said person is the owner or lessee.

(2) No person shall be required to obtain the license provided for in this section to erect outdoor advertising signs or structures as an incidental part of a building construction contract.

History.-s. 4, ch. 20446, 1941; s. I, ch. 26959, 1951; s. I, ch. 63-237; s. 5, ch. 67-461; s. I, ch. 69-331; ss. 23, 35, ch. 69-106.

479.05 Revocation of license.-The department shall have authority, after 30 days' notice in writing to the'licensee, to revoke any license granted by it upon repayment of a proportionate part of the license fee, in any case where it shall find that any material information required to be given in the application for the license is knowingly false or misleading or that the licensee has violated any of the provisions of this chapter unless such licensee shall, before the expiration of said 30 days, correct such false or misleading information and comply with the provisions of this chapter. Any person whose license is so revoked may, within the time provided by the Florida Appellate Rules apply to the circuit court for a declaratory judgment as to the validity of said order of revocation as provided by chapter 86.

History.-s. 4, ch. 20446, 1941; s. 17, ch. 63-512; s. 5, ch. 67-461; s. I, ch. 69-267; ss. 23, 35, ch. 69-106.

479.06 Bond required from out of state licensee.-No such license as is provided for in s. 479.04 shall be granted to any person not residing in this state or to any person having his principal place of business outside the state, or which is incorporated outside the state, until such person shall have furnished and filed with the department a bond payable to the state, with surety approved by the department and in form approved by the Department of Legal

578


Affairs, in the sum of $2,500, conditioned that such licensee shall fulfill all requirements of law and observe and obey all the requirements of this chapter. Such bond shall remain in full force and effect so long as any obligations of such licensee to the state shall remain unsatisfied.

History.-s. 5, ch. 20446, 1941; s. 5, ch. 67-461 ; ss. 11, 23, 35, ch. 69-106.

479.07 Individual device permits; fees; tags.-

(1) Except as in this chapter otherwise provided, no person shall construct, erect, operate, use, maintain, or cause or permit to be constructed, erected, operated, used or maintained any outdoor advertising structure, outdoor advertising sign or outdoor advertisement, outside any incorporated city or town, without first obtaining a permit therefor from the department, and paying the annual fee therefor, as herein provided. Any person who shall construct, erect, operate, use, or maintain, or cause or permit to be constructed, erected, operated, used, or maintained, any outdoor advertising structure, outdoor advertising sign, or outdoor advertisement along any federal aid primary highway or interstate highway within any incorporated city or town shall apply for a permit on a form provided by the department. A permanent permit tag of the kind hereinafter provided shall be issued by the department without charge and shall be affixed to the sign in the manner provided in subsection (4). The department shall not issue such a permit to any person in the business of outdoor advertising who has not obtained the license provided for ins. 479.04.

(2) Applications for permits for advertising structures, advertising signs or advertisements shall be made on forms provided by the department and shall be signed by the applicant, or his duly authorized representative. Said applications shall set forth the number of permits for which application is made, the sizes of all advertising structures, advertising signs or advertisements included in the application, and the amounts of the annual permit fees. Every application for permit shall be accompanied by payment of the fee for each advertising structure, advertising sign or advertisement included in the application, which fee shall be based on the size of the advertising structure, advertising sign or advertisement as follows: Four lineal feet or less, $1; over 4 lineal feet, $2 per 8 lineal feet or fraction thereof above 4. In addition thereto, the sum of$1 per advertising structure will be added. The size in lineal feet shall be determined by measuring the width or the height, whichever is greater, of the advertising structure, advertising sign or advertisement, including all boards, lattice work, borders, flags, decorative parts, devices or other attachments, except and exclusive of the essential structural supports. Application shall also be made in like manner for a permit to operate, use, maintain or display any existing advertising structure, advertising sign or advertisement. No fee may be prorated for a period less than the remainder of the permit year to accommodate short term publicity features; however, all first-year fees may be prorated by the payment of an amount equal to one-fourth of the annual fee for each remaining whole quarter or part quarter of the permit year ending on January 1, provided that any aggre-

gate payment of prorated fees amounting to less than $5 and submitted with a single application shall be accompanied by a service fee of $1.

(3) Fees for permits issued hereunder shall be payable on January 1 of each year. On or before November 1 of each year, the department shall prepare and send to each licensee and permittee a notice of fees due for all licenses and permits of said licensee or permittee which were issued prior to December L Such notice shall be itemized to indicate the amount of the state license fee, the amounts of county license fees, the names of all counties to which the county license fees are applicable, and the number of permits and permit fees of each size. The permittee shall, within 60 days of the receipt of the said notice, pay the fees due for each outstanding permit or return the permit to the department for cancellation. Permits not renewed or returned to the department shall be accounted for on a form furnished by the department, which shall be in affidavit form and returned with the payment of the annual fees. Permits for structures along any federal aid primary highway '[or] interstate highway within any incorporated city or town which shall not be renewed in the manner herein provided shall be returned for cancellation or accounted for in the same manner.

(4) For every permit issued the department shall deliver to the applicant a serially numbered permanent metal permit tag which shall indicate the size of the advertising structure, advertising sign or advertisement. The tag shall be of a kind furnished by the department for the year 1974. The permittee shall attach a currently valid permanent permit tag to each advertising structure, advertising sign or advertisement which he owns and which is required to be permitted wherever located within the state. Such tag shall indicate the amount of permit fee for the advertising structure, advertising sign or advertisement to which it is attached. The tag shall be attached to the face of the advertising structure, advertising sign or advertisement on the end nearest the highway in a manner that shall cause it to be plainly visible. Permit tags issued for use in 1974 and thereafter shall be considered permanent permit tags and shall be maintained on the structure until returned to the department for cancellation. The construction, erection, use or maintenance of any advertising structure, advertising sign or advertisement which is required by this chapter to be permitted, without having affixed thereto a currently valid permanent permit tag shall be prima facie evidence that the same has been constructed or erected and is being operated, used or maintained in violation of the provisions of this chapter, and shall be subject to removal by legal representatives of the department. No person shall paint, alter, mutilate, deface or change the color of a permit tag and no one other than the owner of such tag or his lawful representative shall remove such tag from the advertising structure, advertising sign or advertisement to which it has been affixed. Any person violating this provision shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(5) If more than one side of an advertising struc-

579


ture, advertising sign or advertisement is used for advertising, a fee for each such side shall be required. Advertisements sculptured in the round shall be treated ;J.s using three sides.

(6) No person shall erect or cause to be erected an advertising structure, advertising sign or advertisement upon the property of another without first securing the written permission of the owner or lessee of said property and applying for and receiving a current permit tag as herein provided.

(7) Any person who shall construct, erect, operate, use, or maintain, or cause or permit to be constructed, erected, operated, used, or maintained, any outdoor advertising structure, outdoor advertising sign, or outdoor advertisement as provided herein shall affix the name of such person or the owner thereof to the structure in such a manner as to be visible from the front surface of the structure.

History.-s. 6, ch. 20446, 1941; s . 7, ch. 22858, 1945; s. 1, ch. 61-151; s. 2, ch. 63-237; s. 5, ch. 67-461; ss. 23, 35, ch. 69-106; s. 427, ch. 71-136; s. 1, ch. 74-80.

'Note.-"Or" substituted for "and" by the editors.

479.08 Revocation of permit.-(1) The department may after 30 days' notice in

writing to the permittee, revoke any permit issued by it under s. 479.07 upon repayment of a proportionate part of the fee in any case where it shall appear to the department that the application for the permit contains knowingly false or misleading information or that the permittee has violated any of the provisions of this chapter unless such permittee shall, before the expiration of said 30 days, correct such false or misleading information and comply with the provisions of this chapter. If the construction, erection, .operation, use, maintenance and display of any advertisement, advertising sign or advertising structure for which a permit is issued by the department and the permit fee has been paid as above provided, shall be prevented by any zoning board, commission or other public agency which also has jurisdiction over the proposed advertisement, advertising sign or advertising structure or its site, the fee for such advertisement, advertising sign or structure shall be returned by the department and the permit revoked. But one-half of the fee shall be deemed to have accrued upon the erection of advertising sign or advertising structure or the display of an advertisement followed by an inspection by the representatives of the department.

(2) Any person aggrieved by any action of the department in refusing to grant or in revoking a permit under s. 479.07 may, within the time provided by the Florida Appellate Rules after the date of such refusal or revocation apply to the circuit court for a declaratory judgment as to the validity of said order of revocation as provided by chapter 86.

History.-s. 6, ch. 20446, 1941; s. 7, ch. 22858, 1945; s. 17, ch. 63-512; s. 5, ch. 67-461; s. 1, ch. 69-267; ss. 23, 35, ch. 69-106.

479.10 RemovaL-All outdoor advertisements, advertising signs and advertising structures shall be removed by the permittee within 30 days after the date ofthe expiration or revocation of the permit for the same. Any permittee failing to remove any such advertisement, advertising sign or advertising structure within said 30 days shall be guilty of a misde-

meanor ofthe second degree, punishable as provided in s. 775.082 or s. 775.083.

History.-s. 8, ch. 20446, 1941; s. 7, ch. 22858, 1945; s. 428, ch. 71-136.

479.11 Certain outdoor advertising prohibit· ed.-No advertisement, advertising sign or advertising structure shall be constructed, erected, used, operated or maintained:

(1) Within 660 feet of the nearest edge of the right-of-way of all portions of the interstate system or the federal~aid primary system except as provided ins. 479.111, or within 15 feet of the outside boundary of any other federal or state highway or within 100 feet of any church, school, cemetery, public park, public reservation, public playground, state or national forest , or railroad intersection outside the limits of any incorporated city or town.

(2) Beyond 660 feet of the nearest edge of the right-of-way of all portions of the interstate system or the federal-aid primary systems outside of urban areas that is erected with the purpose of its message being read from the main-traveled ways of such system, unless it is of a class or type permitted in subsection 479.111(1) or subsections 479.16(1) or (3).

(3) Which displays intermittent lights not embodied in an outdoor advertising sign, or any rotating or flashing light within 100 feet of the state-owned right-of-way.

(4) Which uses the word "stop" or "danger," or presents or implies the need or requirement of stopping or the existence of danger, or which is a copy or imitation of official signs;

(5) Which is placed on the inside of a curve or in any manner that may prevent persons using the highway from obtaining an unobstructed view of approaching vehicles.

(6) No advertisement shall be nailed, fastened or affixed to any tree or upon any right-of-way of any state-maintained road.

(7) Which is erected or maintained in an unsafe, insecure or unsightly condition.

History.-s. 9, ch. 20446, 1941; s. 3, ch . 26959, 1951; s. 1, ch. 31413, 1956; s. 1, ch. 57-282; s. 2, ch. 61-151; s . 5, ch. 71-971; s. 2, ch. 75-202.

479.111 Certain advertising signs permitted. -Only the following signs shall be permitted within controlled positions of the interstate and federal-aid primary systems:

(1) Directional or other official signs a~1d notices which conform to 23 CFR ss. 750.151-750.155.

(2) Signs in commercial and industrial zoned or commercial and industrial unzoned areas subject to agreement established by s. 479.02.

(3) The department, as authorized, may maintain a facility at safety rest areas to deposit or display maps, pamphlets, directories, or other materials approved by the department and furnished by those interested advertisers whose businesses or attractions are accessible from any interstate or primary highway; such information shall be available for public use; however, every advertiser must compensate the department a reasonable cost fee for such use.

History.- s. 6, ch. 71-971; s. 3, ch. 75-202.

580


479.12 Outdoor advertising on highways.Any person who willfully or maliciously displaces, removes, destroys or injures a mileboard, milestone, danger sign, signal, guide sign, guidepost, highway sign, or historical marker or any inscription thereon, lawfully within or adjacent to a highway, or who in any manner paints, prints, places, puts or affixes any advertisement upon or to any rock, stone, tree, fence, stump, pole, mileboard, milestone, danger sign, guide sign, guidepost, highway sign, historical marker, buildings, barns or other object lawfully within the limits of any highway, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.-s. 10, ch. 20446, 1941; s. 429, ch. 71-136.

479.13 Written permission of owner required.-No person shall construct, erect, operate, use or maintain any outdoor advertising structure, outdoor advertising sign or advertisement without the written permission of the owner or other person in lawful possession or control of the property on which such structure or sign is located.

History.-s. 11, ch. 20446, 1941.

479.14 Disposition of fees.-All moneys received by the department under the provisions of this chapter shall be paid by it into the state treasury, and placed in the state transportation trust fund for use, in the administration of this chapter and in the construction and maintenance of roads.

History.-s. 12, ch. 20446, 1941; s. 2, ch. 61-119; s. 5, ch. 67-461 ; ss. 23, 35, ch. 69-106; ss. 2, 3, ch. 73-57.

479.15 Harmony of regulations.-(!) No zoning board or commission nor any other

public officer or agency shall permit any advertisement or advertising structure which is prohibited under the provisions of this chapter nor shall the department permit any advertisement or advertising structure which is prohibited by any other public board, officer or agency in the lawful exercise of its or their powers.

(2) No municipality, county, local zoning authority, or other political subdivision shall remove, or cause to be removed, any advertisement or advertising structure without paying compensation in accordance with s. 479.24(1). Said compensation may, at the discretion of the political subdivision, be paid out of secondary road funds available to that political subdivision.

(3) The removal of outdoor advertisements or advertising structures adjacent to roads or highways on the federal interstate or primary highway systems shall be the sole responsibility of the Department of Transportation.

History.-s. 13, ch. 20446, 1941; s. 5, ch. 67-461; ss. 23, 35, ch. 69-106; s. 1, ch. 74-273.

479.16 Certain advertisements excepted.The following advertisements, advertising signs and the advertising structures, or parts thereof, upon which they are posted or displayed, are excepted from all the provisions of this chapter except those contained in s. 479.11(3)-(5).

(1) Those constructed by the owner or lessee of a place of business or residence on land belonging to said owner or lessee and not more than 100 feet from

such place ofbusiness or residence, and relating solely to merchandise, services or entertainment sold, produced, manufactured or furnished at such place of business or residence, are excepted from the permit fee, but do not exempt the license of a contractor who is engaged in the manufacture, erection or maintenance of such advertising sign; ' (2) Those constructed, erected, operated, used or maintained on any farm by the owner or lessee of such farm and relating solely to farm produce, merchandise, service or entertainment sold, produced, manufactured or furnished on such farm;

(3) Those upon real property posted or displayed by the owner or by the authority of the owner, stating that real property is for sale or rent, but if said advertisement carries any other wording not pertaining to said property, then the same shall be subject to the conditions of s. 479.07(2);

(4) Official notices or advertisements posted or displayed by or under the direction of any public or court officer in the performance of his official or directed duties, or by trustees under deeds of trust, deed of assignment or other similar instruments;

(5) Danger or precautionary signs relating to the premises on which they are, or signs warning of the condition of or dangers of travel on a highway, erected or authorized by the department; or forest fire warning signs erected under authority of the Division of Forestry of the Department of Agriculture and Consumer Services and signs, notices or symbols erected by the United States Government under the direction of the United States Forestry Service;

(6) Signs solely to denote route to any city, town, village or historic place or shrine;

(7) Notices of any railroad, bridge, ferry or other transportation or transmission company necessary for the direction or safety of the public;

(8) Signs, notices or symbols for the information of aviators as to location, directions and landings and conditions affecting safety in aviation erected or authorized by the department;

(9) Advertisements, advertising signs and advertising structures not visible from any highway or other public place;

(10) Signs or notices containing 2 square feet or less, placed at a junction of two or more roads in the state highway system denoting only the distance or direction of a residence;

(11) Signs or notices erected or maintained upon property giving the name of the owner, lessee or occupant of the premises;

(12) Advertisements, advertising signs and advertising structures within the corporate limits of cities or towns, adjacent to highways other than interstate and federal-aid primary systems;

(13) Historical markers erected by duly constituted and authorized public authorities;

(14) Highway markers and signs erected or caused to be erected by the department;

(15) Signs erected upon property warning the public against hunting and fishing or trespassing thereon;

(16) Signs erected by Red Cross authorities relating to Red Cross emergency stations.

(17) Advertisements, advertising signs and advertising structures relating to the facilities and ac-

581


tivities of churches, civic organizations, fraternal organizations, charitable organizations, corporations not for profit, units of government or agencies of government shall be excluded from all the provisions of this chapter except those contained in s. 479.11(3)-(6), provided such signs are owned by the church, organization or agency to which they are related.

History.-s. 14, ch. 20446, 1941; s. 4, ch. 26959, 1951; s. 2, ch. 65-397; s. 5, ch. 67-461; ss. 14, 23, 35, ch. 69-106; s. 7, ch. 71-971; s. 4, ch. 75-202.

479.17 Violation a nuisance; abatement.Any advertisement, advertising sign or advertising structure which is constructed, erected, operated, used, maintained, posted, or displayed in violation of this chapter is hereby declared to be a public and private nuisance and shall be forthwith removed, obliterated or abated by the department, and for that purpose its representatives may enter upon private property without incurring any liability therefor: provided, however, that if any outdoor advertising structure or outdoor advertising sign of the value of$100 or more bears thereon the name of the owner thereof, and said owner holds an unexpired license issued under s. 479.04 the said owner shall be given written notice of the alleged violation, and shall have 30 days after the receipt thereof within which to show that the said advertisement, advertising sign or advertising structure does not violate the provisions of this chapter.

History.-s. 15, ch. 20446, 1941; s. 5, ch. 67-461; ss. 23, 35, ch. 69-106.

479.18 Penalties.-Any person, violating any provision ofthis chapter whether as principal, agent or employee, for which violation no other penalty is prescribed, shall be guilty of a misdemeanor of the second degree, punishable as provided ins. 775.083; and such person shall be guilty of a separate offense for each month during any portion of which any violation of this chapter is committed, continued or permitted. The existence of any advertising copy on any outdoor advertising structure or outdoor advertising sign or advertisement outside incorporated towns and cities shall constitute prima facie evidence that the said outdoor advertising sign or advertisement was constructed, erected, operated, used, maintained or displayed with the consent and approval and under the authority of the person whose goods or services are advertised thereon.

History.-s. 16, ch. 20446, 1941; s. 430, ch. 71-136.

479.19 Application of chapter.-The provisions of this chapter shall not apply to structures or shelters erected primarily for the comfort and convenience of the school children of the state or advertising thereon.

History.-s. 14A, ch. 20446, 1941.

479.20 Duty of department.-The department shall enforce this law.

History.-s. 21, ch. 20446, 1941; ss. 23, 35, ch. 69-106.

479.21 Penalties for molesting licensed structures.-Any person who shall remove, destroy, damage, injure, deface or tamper with any advertising structure, or the advertisement thereon, which has been duly licensed under the terms of this chapter, without the consent of either the licensee or the own-

er of the real estate on which same is located, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $10 nor more than $300, or by imprisonment for not more than 30 days, or by both such fine and imprisonment.

History.-s. 1, ch. 22757, 1945.

479.22 Inapplicability of chapter.-The provisions of this chapter shall not apply to any political sign; provided, however, that no political sign shall be erected, posted, painted, tacked, nailed or otherwise displayed, placed or located on or above any state or county road right-of-way.

History.-s. 1, ch. 65-425.

479.23 Removal of signs.-All signs which are lawfully in existence or are lawfully erected and which do not conform to the provisions of this chapter shall be removed by the department by the end of the fifth year after they have become nonconforming.

History.-s. 8, ch. 71-971.

479.24 Compensation for removal of signs; eminent domain; exceptions.-

(!) Compensation shall be paid upon the removal of all signs lawfully in existence on December 8, 1971 or signs lawfully erected which later become nonconforming. Compensation for any sign erected or completed after December 8, 1971 shall be limited to the actual replacement value of the materials in such sign. It is the legislative intent that any person erecting or completing such a sign after December 8, 1971 shall be fully compensated by the method herein provided.

(2) Compensation shall be made pursuant to the state's eminent domain procedures, chapters 73 and 74.

(3) No sign, display, or device shall be required to be removed under this section if the federal share of the just compensation to be paid upon removal of such sign, display, or device is not available to make such payment.

(4) The department is authorized to use the power of eminent domain when necessary to carry out the provisions of this chapter.

(5) It is presumed that any party erecting a sign after July 1, 1971, did so with the knowledge of the existing federal legislation and the pendency of this legislation. The measure of damages on condemnation of any such sign shall be limited to the replacement value of the materials used in construction of such signs.

(6) Lawfully erected outdoor advertising signs, displays, or devices prohibited by subsection 479.11(2) shall be removed upon the payment of just compensation. Notwithstanding any other provisions of this chapter, compensation shall be in the same manner and subject to the same limitations as '[for] signs lawfully erected prior to July 1, 1971, within 660 feet '[of the nearest edge of the right-ofway].

History.-s. 9, ch. 71-971; s. 5, ch. 75-202. 'Note.-Bracketed language inserted by the editors.

cf.-Chs. 73, 74 Eminent domain procedures.

582

Ch. 480 MASSEURS AND MASSEUSES Ch. 480

CHAPTER 480

MASSEURS AND MASSEUSES

480.01 Definitions. 480.02 Masseurs and masseuses to be registered. 480.03 Exemptions. 480.04 Board of Massage; terms. 480.05 Removal of members of board; officers;

meetings. 480.06 Requisites for examinations; subjects, mini

mum passing grade; fees. 480.07 Fees for certificates of registration. 480.08 Certificate of registration; recording; dis-

play; renewal. 480.09 Massage schools. 480.10 Sanitary requirements. 480.11 Revocation of certificates and licenses; pref

erment of charges. 480.12 Form of accusation; notice, etc. 480.13 Power to revoke, suspend or annul certifi

cates and licenses; review; reissuance of certificates and licenses.

480.14 Records to be kept by secretary-treasurer of board.

480.15 Compensation of board members; employment of counsel, inspectors, clerks and assistants.

480.16 Disposition of money received by board. 480.17 Powers of municipalities to regulate mas-

sage. 480.18 Other laws unaffected by this chapter. 480.20 Penalty for violation. 480.21 Short title. 480.23 Examinations for teachers.

480.01 Definitions.-(!) MASSEUR AND MASSEUSE.-(a) For the purpose of this chapter the term

"masseur" or "masseuse" shall be deemed to be a person who practices, administers or teaches all or any one or more of the following subjects and methods of treatments, viz: who administers or teaches treatments with any mechanical or electrical apparatus for the purpose of body slenderizing, body reducing or body contouring.

(b) Further, a person who has studied the underlying principles of anatomy and physiology, including the theory of massage, its indications and contraindications, and administers or teaches all or any one or more of the following subjects and methods of treatments, viz: Oil rubs, salt glows, hot or cold packs, all kinds of baths including steamrooms, cabinet baths, sitz baths, colon irrigations, body massage either by hand or by any mechanical or electrical apparatus or device, excluding fever therapy, applying such movements as stroking, friction, rolling, vibration, kneading, cupping, petrissage, rubbing, effleurage, tapotement.

(c) Nothing in this section shall be construed as applying to licensed practical nurses, or to orderlies, or attendants, or nurses aides in hospitals under the direction of a licensed physician.

(2) MASSAGE ESTABLISHMENT.-(a) The term "massage establishment" as used in

this chapter shall be construed and deemed to mean

any shop, establishment or place ofbusiness wherein all or any one or more of the named subjects and methods of treatments, as defined in subsection (1), are administered or practiced.

(b) It shall be unlawful to operate a massage establishment as defined in par:agraph (a), unless there shall be in its employ and on duty full-time during the hours open for business at least one registered masseur or registered masseuse.

(c) No massage establishment as defined in this section shall be granted an occupational license until approved by the board. Any such establishment must have hot and cold shower baths. Massage treatment rooms must have either swinging doors or washable cloth or plastic curtains with openings at the top and bottom, above and below the door. The door or curtain shall be high enough to prevent seeing over the top.

(3) MASSAGE SCHOOL.-The term "massage school" shall be construed and deemed to mean any duly registered massage establishment wherein a tuition fee is charged for instruction of massage or all or any one or more of the subjects and methods of treatments defined in subsection (1).

(4) MASSAGE.-For the purpose ofthis chapter, the term "massage" shall be deemed and held to include all or any one or more of the above named subjects or methods of treatments as defined in paragraph (b) of subsection (1); the practice of massage, however, shall include paragraphs (a) and (b) of subsection (1).

(5) BOARD.-The term "board" as used in this chapter shall be construed and deemed to mean the Florida Board of Massage created by this chapter.

Hlstory.-s. 2, ch. 22034, 1943; s. 1, ch. 23751, 1947; s. 1, ch. 29971, 1955; s. 24, ch. 57-1; s . 1, ch. 63-172; s. 1, ch . 72-163.

480.02 Masseurs and masseuses to be registered.-

(1) It shall be unlawful for any person or persons to engage in the practice or attempt to practice massage for a fee, or for a gratuity, or to conduct or teach in a school of massage without a certificate of registration issued pursuant to the provisions of this chapter.

(2) It shall be unlawful for any person or persons to operate or conduct any massage establishment which does not conform to the sanitary regulations herein contained, or which may be adopted by the board created herein, or to employ any person as an operator or instructor who does not hold a certificate of registration; or to open and conduct a massage establishment or school in a place of residence in the state.

(3) It shall be unlawful for any person or persons to practice any branch of massage as defined in s. 480.01(1), either for payment or free demonstrations without first being a registered masseur or masseuse under the provisions of this chapter, or without operating and maintaining a bona fide and duly licensed massage establishment, or being employed in such establishment, and without first paying a license fee to the state. No occupational license, state, county or

583


city, shall be issued to any person unless he or she shall have in his or her possession a certificate of registration and current certificate of renewal, duly authorized by the Board of Massage.

(4) Apprentices shall be passed upon by the Board of Massage as proper persons who are satisfactorily apprenticed to some person who maintains and conducts a properly licensed place of business for treatment by massage. Certificates may be issued to such apprentices for a period of 9 continuous months of service in a properly licensed massage establishment or school.

(5) The number of apprent ices shall not exceed the number of registered masseurs and masseuses employed in any one massage establishment.

(6) Any person who has documentary proof that he or she has substantially the same qualifications and training to meet the standards of this chapter may be eligible for registration by the board by meeting all the requirements for the registration except the written examination and by passing a practical demonstration examination, provided that the same privilege of reciprocity be granted to registrants of the board by other states or territories.

History . .....,;. 3, ch. 22034, 1943; ss. 2-4, ch. 23751, 1947; s. 2, ch . 29971, 1955; s. 1, ch. 59-455; s. 2, ch. 63-172; s. 2, ch. 72-163.

480.03 Exemptions.-The following classes of persons are exempted from this chapter:

(1) Persons authorized by the laws of the state to practice medicine, surgery, osteopathy, chiropractic, naturopathy, or podiatry, or persons holding a drugless practitioners certificate under the laws of this state.

(2) Registered nurses under the laws of this state. (3) Barbers duly licensed under the laws of this

state. (4) Cosmetologists duly licensed under the laws

of this state. (5) Athletic trainers employed by, or on behalf of,

any professional athletic team located or training within this state.

(6) Any exemption granted under this act is effective only insofar as and to the extent that the bona fide practice ofthe profession or business of the person exempted overlaps into the field comprehended by this act, and exemptions under this act are only for those activities which are performed in the course of the bona fide practice of the business or profession of the person exempted.

History.-s. 4, ch. 22034, 1943; s. 2, ch. 59-455; s. 12, ch. 63-195; s. 2, ch. 65-170; s. 1, ch. 75-28.

480.04 Board of Massage; terms.-For the purpose of carrying out the provisions of this chapter the Governor shall appoint an examining and licensing board within the Division of Occupations of the Department of Professional and Occupational Regulation to be known as the Florida Board of Massage, to consist of five masseurs or masseuses actively engaged in said practice in the state, and the secretary of the State Board of Medical Examiners, who shall ex officio act as a member of said board. The two additional members to be appointed under this chapter shall be appointed for terms of 2 and 3 years respectively and hold office until their successors are appointed and qualified. The present members of the

board shall continue in office until the expiration of their terms. Successors of said members shall be appointed for terms of 3 years.

History.-s. 5, ch. 22034, 1943; ss. 30, 35, ch. 69-106; s. 3, ch. 72-163.

480.05 Removal of members of board; officers; meetings.-

(1) The Governor may remove from office members of the Florida Board of Massage for neglect of duties as required by this chapter, or for malfeasance in office and incompetency, or for unprofessional conduct. The Governor may fill any vacancy caused by the removal of any member of the board or by resignation or death, all such appointees to be practicing masseurs or masseuses in the state.

(2) The Florida Board of Massage shall, within two weeks after their appointment, meet at some convenient place in the state, and shall then elect a president from their own members, and a secretarytreasurer. The Board of Massage shall appoint annually an administrative officer to handle the administrative functions of the Board of Massage. The secretary-treasurer shall give to the Governor of the state a penal bond in the sum of $1,000 with sufficient sureties, to be approved by the Governor, for the faithful discharge of his duties. The Board of Massage shall hold at least one examination each year, and may hold other examinations, from time to time, at such place or places as said board may designate.

(3) It shall also be the duty of said board, from time to time, to examine and inspect, or cause to be examined and inspected, all massage establishments and massage schools operated in the state, and for this purpose said board and its agents and employees, shall have, and they are hereby given authority to enter and to inspect any such massage establishments or massage schools at any time during which such establishment or school is open for the transaction of business.

History.-s. 6, ch. 22034, 1943; s. 3, ch . 72-163.

480.06 Requisites for examinations; subjects, minimum passing grade; fees.-

2(1) Any person who shall furnish to the Florida Board of Massage satisfactory proof that he or she is 18 years of age, or more, a bona fide citizen of the United States, of good moral character and temperate habits, and shall make oath that he or she has not been convicted of any offense that would constitute a felony, either in Florida or any other state or country, shall present a copy of his fingerprints to become a permanent record in his files, and shall present a diploma or credentials, issued by a recognized, accredited school of massage, or like institution, or furnishes proof of experience or education which qualifies him or her for the practice of massage, and who furnishes a certificate of physical examination, including a Wassermann test, signed by a regularly practicing physician declaring such person to be free from any contagious, infectious or communicable diseases, such examinations having taken place or certificate issued within the preceding 30 days, and who passes a reasonable demonstrative, oral or written examination, conducted by or under the supervision and direction of said board in the underlying principles of anatomy and physiolo-

584


gy, indications and contraindications of massage, oil rubs, salt glows, hot or cold packs, all kinds of baths including steamrooms, cabinet baths, sauna baths, sitz baths, colon irrigations, body massage either by hand or by any mechanical or electrical apparatus or device, excluding fever therapy, in such movements as stroking, friction, rolling, vibration, kneading, cupping, petrissage, rubbing, effleurage, tapotement, and shall pay the fees hereinafter specified, which fees shall accompany the application to the secretary-treasurer of the board, shall be entitled to be registered, and to be issued a certificate of registration, as masseur or masseuse. Minimum requirements for certificate of registration and licenses shall be a general average in the said examination of 75 percent in all subjects involved, and not less than 50 percent in any one subject.

(2) Any applicant failing to pass said requirements shall be entitled, within 6 months, to a reexamination, upon the payment of an additional fee of $10, but two such reexaminations shall exhaust the privilege under the original application.

(3) Every person who has successfully passed the examination provided herein, and to whom a certificate of registration has been issued, shall not be entitled to practice the profession of massage in this state, until such person causes his name to be registered in the office of the '[Department of Health and Rehabilitative Services] at Jacksonville, within 30 days after date of issuance, and every such person must present his or her certificate from the above named officials, showing registration, as aforesaid, before an occupational license may be applied for, or procured from any city, state or county officer having jurisdiction of the issuance of occupational licenses. Any person who attempts to procure or does procure an occupational license in violation of the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.-s. 7, ch. 22034, 1943; s. 5, ch. 23751, 1947; s. 4, ch. 29971, 1955; s. 3, ch. 63-172; ss. 19, 35, ch. 69-106; s. 431, ch. 71·136; s. 3, ch. 72·163.

'Note.-Bracketed language substituted for "Division of Health of the Department of Health and Rehabilitative Services." See s. 3, ch. 75-48.

11Note.-Chapter 74-37 provides that no person may be disqualified from practicing an occupation or profession regulated by the state solely because he is not a United States citizen.


480.07 Fees for certificates of registration.(!) FOR MASSEUR, MASSEUSE AND AP

PRENTICE.-The fee to be paid by an applicant to determine his or her fitness to receive a certificate of registration to practice as a registered masseur or masseuse, as classified and defined in s. 480.01(1), and excepting a massage school shall be $35 and as an apprentice as classified ins. 480.02(4) the sum of $25.

(2) FEES.- The fee to be paid by an applicant for a certificate of registration for a massage school shall be $150.

(3) RENEWALS OF CERTIFICATES.-The fee to be paid by a masseur or masseuse for the renewal of a certificate shall be $20 for each such renewal, and for the renewal of a certificate for a massage school the fee is $15 for each renewal. An additional fee of $5 shall be paid by a masseur, masseuse, or massage school renewing an expired certificate. Cer-

tificates issued to apprentices are not subject to renewal.

(4) LATE FEES.-A late fee of$2 shall be paid to the board by any person licensed or certified by the board who fails to pay his renewal fee within the time allowed by this law.

(5) DUPLICATE CERTIFICATES.-A fee of $2 shall be paid to the Board of Massage by any person licensed or certified by the board who requests a duplicate certificate.

History.-s. 8, ch. 22034, 1943; s. 6, ch. 23751, 1947; s. 3, ch. 59-455; s. 4, ch. 72·163.

Note.-See s. 20.30(5) as to administrative functions that may be assigned to the Bureau of Records Administration, Department of Professional and Occupational Regulation. cf.-s. 455.03 Dispensing with examination for veterans.

480.08 Certificate of registration; recording; display; renewal.-Every certificate of registration shall be conspicuously displayed at the place of practice, and must be recorded in the office of the clerk of the circuit court of each county wherein such registered masseur or masseuse practices, or in which such massage school is operated, and within 30 days of the issuance of such certificate. Annually, on or before January 1, each registered masseur, masseuse, or massage school shall pay to the secretarytreasurer of the Florida Board of Massage the renewal fee hereinabove provided for, and shall furnish a new certificate of physical examination taken and issued within the preceding 30 days by a regularly practicing physician declaring the applicant for renewal to be free from any contagious, infectious, or communicable disease and a copy of his fingerprints to become a permanent record in his file in the office of the board. The holder of an expired certificate of registration may within 3 months from date of expiration thereof have the certificate renewed upon payment of the required renewal fees and production of a new certificate of physical examination as above provided. Any expired certificate of registration which is not renewed within said 3 months shall lapse. Every renewal certificate shall be registered with the '[Department of Health and Rehabilitative Services] and displayed in connection with the original certificate. All certificate holders shall be designated as certified masseurs or masseuses, and shall not use any title or abbreviation thereof without the designation "masseur" or "masseuse." No certificate of registration for masseur or masseuse shall be displayed in a massage establishment unless that registrant is actively practicing massage within said establishment.

History.-s. 9, ch. 22034, 1943; ss. 19, 35, ch. 69·106; s. 5, ch. 72-163. 'Note.- Bracketed language substituted for "Division of Health." Sees. 3,

ch. 75-48. Note.-See s. 20.30(5) as to administrative functions that may be assigned


480.09 Massage schools.-No massage school shall be approved by the board, or granted a certificate of registration, until it shall have paid the registration fee and unless it shall have attached to its staff a regularly licensed physician, and shall employ and maintain one or more registered masseurs or masseuses qualified as instructors, nor unless it shall have a minimum requirement of a continuous course of study and training of not less than 950 hours, distributed over a period of not less than 6

585


months, and to consist of: (1) 200 hours of physiology; (2) 200 hours of anatomy; (3) 100 hours of the theory of massage including

indications and contraindications thereof; (4) 200 hours of hydrotherapy; (5) 150 hours of colon therapy; (6) 100 hours of hygiene and practical demon

stration which course of study and training shall have been approved by the Board of Massage.

History.-s. 10, ch. 22034, 1943; s. 7, ch. 23751, 1947; s. 11, ch. 25035, 1949; s. 4, ch. 59-455; s. 4, ch. 63-172.

480.10 Sanitary requirements.-It shall be unlawful for any person, persons, firm or corporation:

(1) To own, manage or operate any massage school or establishment unless continuous hot and cold running water be provided therein;

(2) To use upon one patron a towel that has been used upon another person, unless the towel has been relaundered;

(3) Not to provide the headrest on each table with a relaundered towel or sheet, or clean paper towel for each patron;

(4) For any masseur or masseuse to continue to practice while such person has an infectious, contagious or communicable disease;

(5) To own, manage or operate a massage school or massage establishment, unless the same shall have been equipped with a massage table, or tables, from 20 to 25 inches in width, 24 to 27 inches in height, and 60 to 70 inches in length.

(6) To give cabinet baths, unless such school or establishment shall be equipped with shower baths.

History.-s. 11, ch. 22034, 1943.

480.11 Revocation of certificates and licenses; preferment of charges.-

(1) The certificate of registration and license of a masseur, masseuse or school of massage may be revoked, suspended or annulled upon any one or more of the following grounds:

(a) That the registrant is guilty of fraud in the practice of massage, or fraud or deceit in his admission to the practice of massage;

(b) That the registrant has been convicted in a court of competent jurisdiction of a felony. The conviction of a felony shall be the conviction of any offense, which, if committed within the state, would constitute a felony under the laws thereof;

(c) That the registrant is engaged in the practice of massage under a false or assumed name, or is impersonating another practitioner of a like or different name;

(d) That the registrant is addicted to the habitual use of intoxicating liquors, narcotics or stimulants to such an extent as to incapacitate him or her for the performance of his or her professional duties;

(e) That the registrant is guilty of untrue, fraudulent, misleading or deceptive advertising;

(f) That the registrant is grossly ignorant, or guilty of willful negligence in the practice of massage, or has been guilty of employing, allowing or permitting any unlicensed or unregistered person to perform any work constituting the practice of massage as defined in s. 480.01 (1) (a) and (b), in his or her massage establishment or massage school.

(g) That the registrant is a person of immoral character;

(h) That said registrant has violated any provisions of this chapter.

(i) The certificate of an apprentice shall be revoked if he or she violates any of the provisions of this chapter.

(j) Any registrant who does not renew his or her registration license for 2 consecutive years must take the examination as prescribed for an applicant to become a registered operator and to comply with all the provisions hereof applicable to any applicant to become a registrant.

(k) That the registrant is guilty of identifying himself or herself as a member of a branch of the healing arts by the use of any mark, sign, advertisement, words, letters, abbreviations, or insignia indicating or implying such or who in any other way, orally, in writing or in print directly or by implication represents himself or herself as such, unless so registered in Florida by such other regulatory agency or board governing that particular profession.

(1) That the registered masseur or masseuse allows his certificate of registration to be displayed in a place of business which he does not own or operate or in which he is not employed to practice massage.

(2) Charges may be preferred by any person, or the board may, on its own motion, direct the executive officer of said board to prefer said charges. An accusation may be filed with the secretary-treasurer of the board charging any licensed masseur, masseuse or school of massage with any of the offenses herein enumerated. Such accusation shall be in writing, signed by the accuser and verified under oath.

History.-s. 12, ch. 22034, 1943; s. 8, ch. 23751, 1947; ss. 5, 6, ch. 63-172; s. 6, ch. 72-163.

480.12 Form of accusation; notice, etc.Whenever such accusations as provided for in s. 480.11 are filed, the board shall set a day for a hearing, and the secretary-treasurer of the board shall transmit to the accused a true copy of any and all charges filed with him relating to such accusations, and shall notify, in writing, the accused, that on the day fixed for the hearing, which shall not be less than 10 days from the date of such notice, he may appear, or show cause, if any, why his or her certificate and license to practice massage in the state should not be revoked, suspended or annulled. For the purpose of such hearing the board may require by subpoena the attendance of witnesses to administer oaths and hear testimony and receive evidence, either oral or documentary, for and against the accused, and said accused shall have the right at said hearing to cross-examine the witnesses, to produce witnesses in his defense, and to appear personally or by counsel. The notice provided for in this section shall be substantially in the following form:

To ..... You are hereby notified that charges have been

filed with the secretary-treasurer of the Florida Board of Massage against you as a practicing .. J'.':\~!'¥..\\f .. Rr..m.?,~~~-~~L. in the State of Florida, a true copy of such charges being attached hereto, and that the said board has fixed the ..... day of .... . , A.D. 19 .... . , at the hour of .... . , in ..... , Florida, for a hearing on such charges, at which time and place you are here-

586


by notified to appear before said board and show cause, if any you can, why your certifi~ate and license to practice massage in the State of Florida should not be .. J~~.Y.9.~~!! •.. ~,..~P.~.J;l\!~!! .. 9.r..~!1!:\\!!)g.<:IL. At the same time and place the board will hear testimony and receive evidence, either oral or documentary, both for and against you relating to such charges.

Dated at ..... , Florida, this the ..... day of ..... A.D. 19 ..... .

Su~h n?tice shall ~e sent to the accused by registered mall, directed to his last known mailing address, and the post-office registration receipt thereof or the post-?ffice registration receipt signed by the ~ccused, or his agent, shall be prima facie evidence of the service of said notice.

History.-s. 13, ch. 22034, 1943.

480.13 Power to revoke, suspend or annul certificates and licenses; review· reissuance of certificates and licenses.- ' . (1) The Florida Board of Massage may, upon satIsfactory proof that any certificate holder or licensee has been guilty of any of the charges preferred against h_im, revoke, suspend or annul any certificate or license to do business issued thereunder upon a vote of two of the three board members. Or: ders of the board may be reviewed by certiorari in the ~anner and within the time provided by the Flonda Appellate Rules by the circuit court of the circuit in which the certificate is recorded. In the event that such certificate or license is revoked, suspended or annulled under the provisions of this chapter, the board shall forthwith transmit to the clerk of the circuit court or courts in which the accused is registered as a masseur or masseuse a certificate under its seal, certifying that' such registration has been revoked, suspended or annull~d, as the case may be, and such clerk shall, upon re_ce1pt of such certificate, file the same, and forthWith mark such registration revoked, suspended or annulled, as the case may be, and in the event of suspension, shall indicate thereon the period for which it is suspended.

(2) Any person who shall practice massage after his or her certificate has been revoked, suspended or al?-nulled, shall_be deemed to have practiced massage ~Ithout a certificate and license. However, at any time after 6 months from the date of said conviction said board may, in the exercise of its reasonable dis: cretion, by a majority vote, issue a new certificate to t~e person an:e~ted, restoring or conferring all of the nghts and pnvileges of and pertaining to the practice ?fmassage, but the fee shall be the same as upon the Issuance of the original certificate.

History.-s. 14, ch. 22034, 1943; s. 5, ch. 59-455; s. 13, ch. 63-509. Note.-See s. 20.30(5) as to administrative functions that may be assigned

to the ~ureau of Records Administration, Department of Professional and OccupatiOnal Regulation.

cf.-s. 480.07 Fees for registration of masseurs.

480.14 Records to be kept by secretary-treasurer of board.-The secretary-treasurer of the board shall keep a record book in which shall be entered the names of all persons to whom certific~tes have been granted under this chapter, the certificate number and the dates of granting such certificates and renewals thereof, and other matters of record, and the books so provided and kept shall be deemed and considered a book of records and a transcript of any record therein, or a certific~te that there is not entered therein the name and certificate number of, or date of granting, such certificate to a p~rson ch~rged with a violation of any of the proviswns of this chapter, certified under the hand of the secretary-treasurer, and the seal of the board shall be admitted as evidence in any of the courts of this state. The original books, records and papers of the board shall be kept at the office of the secretarytreasurer of said board, which office shall be at such place as may be designated by the board. The secretary~tre~surer shall furn~sh to any person making apphcatwn therefor, certified by him as secretarytreasurer, upon payment of a fee of 25 cents per hundred words so copied, the fee to belong to the secretary-treasurer.

History.-s. 15, ch. 22034, 1943. Note.-See s. 20.30(5) as to administrative functions that may be assigned

to the B_ureau of Records Administration, Department of Professional and OccupatiOnal Regulation.

480.15 Compensation of board members; employment of counsel, inspectors, clerks and assistants.-

(1) The annual salary of the administrative officer shall be fixed by the Board of Massage, payable monthly. Members of the board shall receive $25 per day, or any part of a day, while attending official board meetings and state examinations or while conducting official business on behalf of the board, not t~ exceed 12 l?eetings per year, and shall receive per diem and mileage as provided in s. 112.061, from place of their residence to place of meeting and return. All expenditures shall be in accordance with the provisions of s. 215.37, upon vouchers to be si~ned by the secretary-treasurer and approved by said board or a finance committee thereof. The board shall make an annual report to the Governor which shall contain a full statement of the works of the board during the preceding year, together with such recommendations as it may deem expedient.

(2) The board shall have authority to employ and fix the compensation of such regular or special counsel, inspectors, clerks and other assistants as it may deem necessary in order to carry out the provisions of this cl;lapter; subject, however, to the limitation that the number of clerks and other assistants shall at no time exceed a total of 10 and that the number of inspectors shall at no time exceed 8, and subject to the further limitatiGn that no employee of the board shall be related by blood or marriage to any member of said board.

History.-s. 16, ch. 22034, 1943; s. 9, ch. 23751, 1947; s. 31, ch. 28215, 1953; s. 20, ch. 61-514; ss. 110, I32, ch. 71-355; s. 7, ch. 72-163.

587


480.16 Disposition of money received by board.-All moneys received by the board under this chapter shall be paid to the secretary-treasurer of said board, who shall give a receipt for same. Such moneys shall be deposited pursuant to the provisions of s. 215.37.

History.-s. 17, ch. 22034, 1943; s. 119, ch. 26869, 1951; s. 32, ch. 28215, 1953; s. 20, ch. 61-514.

Note.-See s. 20.30(5) as to administrative functions that may be assigned to the Bureau of Records Administration, Department of Professional and Occupational Regulation. cf.-s. 215.37 Examining and licensing boards to be financed from fees collect·

ed; moneys deposited in trust funds; 10 percent to genera l revenue fund; appropria tion.

480.17 Powers of municipalities to regulate massage.-Nothing contained in this chapter shall be construed to prevent any municipal government in this state from passing and enforcing reasonable laws and regulations governing the practice of massage within its limits.

History.-s. 18, ch. 22034, 1943.

480.18 Other laws unaffected by this chapter. -Nothing contained in this chapter shall be construed or interpreted as changing, modifying or repealing any of the provisions of chapters 458 (relating to physicians), 459 (relating to osteopaths), 460 (relating to chiropractors), 461 (relating to podiatrists), 462 (relating to naturopaths), 463 (relating to optometrists), 464 (relating to nurses), 476 (relating to barbers) and 4 77 (relating to cosmetologists), and the provisions of said several chapters, and the provisions of this chapter shall be construed, interpreted, considered and enforced as separate laws and independent of each other.

History.-s. 19, ch. 22034, 1943; s . 12, ch. 63-195; s. 2, ch. 65-170.

480.20 Penalty for violation.-Any person who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--il. 21, ch. 22034, 1943; s. 432, ch. 71-136.

480.21 Short title.-This chapter may be referred to and cited as the "Massage Registration Law of 1943."

History.-s. 1, ch. 22034, 1943.

480.23 Examinations for teachers.-The board may give examinations to individuals who are qualified to be teachers or instructors in massage schools. Each person to be examined must present satisfactory evidence to the board that he is a graduate of an accredited high school, that he is a graduate of an accredited massage school or that he has 5 years or more active experience as a masseur or masseuse, and that he is able to impart knowledge of massage, and thp.t he bears a good reputation and is of strong moral character. The fee for the instructor's examination is $35 per person each time taken. The board may issue certificates to instructors. Each certificate must be renewed on or before January 1 of each year for a fee of $10.

History.- s. 6, ch. 59-455. Note.-See s. 20.30(5) as to administrative functions that may be assigned

to the Bureau of Records Administration, Department of Professional and Occupational Regulation .

588

Ch. 481 FLORIDA BOARD OF LANDSCAPE ARCHITECTS Ch. 481

CHAPTER 481

FLORIDA BOARD OF LANDSCAPE ARCHITECTS

481.011 Definitions as used in this chapter. 481.021 Qualifications for practice; seal. 481.031 Board of examiners. 481.041 Fees and expenses. 481.051 Examinations. 481.061 Registration; renewals, etc. 481.071 Construction of this chapter. 481.081 Corporate and partnership practice of

landscape architecture; certificate of authorization; fees; revocation or suspension; rules.

481.091 Disciplinary proceedings. 481.101 Penalties. 481.111 Prosecution of violations. 481.121 Fees. 481.131 Report of receipts and expenditures made

to Governor. 481.151 Civil proceedings.

481.011 Definitions as used in this chapter.(1) "Board" means the Florida Board of Land

scape Architects of the Division of Professions of the Department of Professional and Occupational Regulation.

(2) "Landscape architect" means a person who holds a certificate to practice landscape architecture in this state under the authority of this chapter.

(3) A person who practices landscape architecture within the meaning and intent of this chapter is a person who performs professional services such as consultation, investigation, reconnaissance, research, design, preparation of drawings and specifications, and responsible supervision when the dominant purpose of such services is the preservation and enhancement ofland uses and natural land features; the location and construction of aesthetically pleasing and functional settings and approaches for structures, roadways and walkways; the design for trails, plantings, onsite landscape sprinkler systems and landscape water features, landscape lighting effects, landscape grading, and landscape drainage design which shall not include detailed engineering design for highways, streets, bridges, or parking areas or principal storm drainage systems, canals, channels, mains or other arteries or conveyances of storm drainage water; and the design for land use and site planning. This practice shall include the design location, arrangement, and design of such tangible objects and features as are incidental and necessary· to the purposes outlined herein. Nothing herein shall preclude a duly licensed landscape architect from planning land areas or performing any of the services described in this section in connection with the settings, approaches, or environment for buildings, structures, or facilities in accordance with the accepted public standards of health, safety, and welfare. Nothing contained herein shall preclude a registered architect, engineer, or land surveyor. from performing any of the services described in this subsection.

(4) This chapter shall not empower a landscape architect registered under this chapter to practice or

offer to practice architecture or engineering, except in the above listed recognized branches, or land surveying, or to make land surveys or final land plats for official recording. However, this limitation shall not prohibit landscape architects registered under this chapter from performing professional services described in this chapter.

History.-s. 1, ch. 65-419; ss. 30, 35, ch. 69-106; s. 1, ch. 72-59; s. 1, ch. 75-170.

481.021 Qualifications for practice; seal.(1) On and after January 15, 1966, no person

shall use the designation "landscape architect," "landscape architecture," or "landscape architectural," or advertise any title or description tending to convey the impression that he is a landscape architect unless such person is registered or has obtained a temporary permit as a landscape architect in the manner hereinafter provided and shall thereafter comply with the provisions of this chapter. Every holder of a certificate shall display it in a conspicuous place in his principal office, place of business or employment.

(2) Every landscape architect shall have a seal, approved by the board, which shall contain the name of the landscape architect and the words "Registered Landscape Architect, State of Florida," and such other words or figures as the board may deem necessary. All drawings and specifications, prepared by such landscape architect or under the supervision of such landscape architect, which are required by law to be filed with public officials shall be stamped with the aforesaid seal. Provided, however, that nothing contained herein shall be construed to permit the seal of a landscape architect to serve as a substitute for the seal of a licensed architect, a licensed professional engineer or land surveyor nor to authorize any licensed architect, licensed professional engineer or land surveyor, as the case may be, to permit his seal to be affixed to any plans, specifications or drawing, if such portions thereof, as involved in the practice of his particular profession, were not prepared by him or under his personal supervision by his regularly employed subordinate.

(3) A person engaged in the practice oflandscape architecture outside the state may prepare plans and specifications, or act as a landscape architect, for a specified site within this state if he presents evidence to the board that he is competent to practice his profession and if the board issues a temporary certificate of registration to him for the specified site. A temporary certificate shall not extend beyond the completion of the project for which it was issued and shall be subject to the same expiration and renewal provisions as regular certificates.

History.-s. 2, ch. 65-419; s. 2, ch. 75-170.

481.031 Board of examiners.-(!) There is hereby created the Florida Board of

Landscape Architects consisting of five members appointed by the Governor to examine applicants for registration as landscape architects and to promulgate rules and regulations necessary to carry out the provisions of this chapter. The board shall provide

589


for the manner of applying for examinations and the time, place, and notice of examinations.

(2) Each member of the board shall be a registered landscape architect or shall be eligible to receive a certificate of registration from the board under the provisions of this chapter, a citizen ofthe United States, a resident of this state for not less than 5 years and shall have been engaged in the practice of landscape architecture as above defined for not less than 10 years. Upon this chapter becoming a law the Governor shall make appointments to the board as herein provided.

(3) The terms of the members of the board first appointed shall expire as follows: One member January 1, 1967; two members January 1, 1968; and two members January 1, 1969. All appointments thereafter shall be for 3-year terms. The Governor may at any time fill vacancies on such board for the unexpired term. Each member of such board shall hold over after the expiration of his term until his successor shall have been duly appointed and qualified.

( 4) Each member of the board, before beginning his term of office, shall file with the Department of State the constitutional oath of office.

(5) The board may sue and be sued and may employ counsel for such purposes.

(6) The board shall have the power to make such rules and regulations, not inconsistent with the law, as shall be necessary in the performance of its duties.

(7) The board shall, as soon as organized, and annually thereafter, in the month of January, elect from its number a chairman, a vice chairman, and secretary who shall also be treasurer.

(8) The treasurer shall file a bond for the penal sum of $1,000 with the Department of State, said bond to be accepted and approved by the Department of State before the treasurer shall enter upon the duties of his office.

(9) The board shall hold such meetings during the year as it may determine to be necessary, one of which shall be the annual meeting. The chairman of the board shall have the authority to call other meetings at his discretion. A quorum of the board shall consist of not less than three members.

(10) The board shall adopt a seal by which it shall authenticate its proceedings and the secretary shall have the care and custody thereof. The secretary shall keep a record of the proceedings of the board, which record shall be kept open to the public for examination.

(11) The board is authorized to employ necessary personnel.

History.-s. 3, ch. 65-419; ss. 10, 35, ch. 69-106; s. 3, ch. 75-170.

481.041 Fees and expenses.-(1) Every applicant for examination for registra

tion as a landscape architect shall pay a nonrefundable application fee of$75 to the board. If a candidate fails any subject of an examination, he may take subsequent examinations upon making a nonrefundable payment to the board of $15 per subject, with a maximum payment of $45, subject to the provisions of s. 481.051.

(2) All moneys collected by the board from fees authorized by this chapter shall be received and accounted for by the board and deposited and expended as provided ins. 215.37. Members of the board shall

receive $25 per day, or any part of a day, while attending official board meetings, not to exceed 12 meetings per year, or when conducting official business as authorized by the board, and per diem and mileage as provided in s. 112.061 from the place of their residence to the place of meeting and return. The secretary-treasurer of the board shall receive annual compensation as provided by the board by resolution adopted at a regular meeting.

Hlstory.-s. 4, ch. 65-419; s. 4, ch. 75-170. Note.-See s. 20.30(5) as to administrative functions that may be assigned


481.051 Examinations.-(!) Provisions shall be made by the Florida Board

of Landscape Architects for holding not less than one examination each year.

(2) The board shall ascertain by oral or written examination that an applicant is qualified in the use and understanding of the theory and practice of landscape architecture. The board shall determine the subject and scope of the examinations.

(3) To be eligible for admittance to the examination for registration as a landscape architect, evidence must be submitted that the applicant:

(a) Is at least 18 years of age. 1(b) Is a citizen of the United States or has legally

declared his intention of becoming a citizen. (c) Has satisfactorily completed an approved 4-

year high school course of study or the equivalent thereof as determined by the board.

(d) Has completed a minimum 4-year curriculum in landscape architecture approved by the Board of Landscape Architectural Accreditation and has been graduated from an accredited school, college, or university.

(e) In lieu of graduation from a recognized school, an applicant may be admitted to the examination upon presenting evidence of not less than 7 years of actual practical experience in landscape architectural work of a grade and character satisfactory to the board. Each year of education completed in a recognized school shall be considered to be equivalent to 1 year of experience, with a maximum credit of 4 years.

(4) The applicant shall be examined on all subjects in the year for which the original application is made. Passing any subject shall be a basis of eligibility for admission to subsequent examinations, except that if a candidate has not successfully passed all subjects in six successive examinations, he shall reapply for the total examination. Upon the applicant's examination being satisfactory to the board and the applicant having made a passing grade on all subjects examined upon, with not less than 75 percent in any one subject, and fulfilled the aforesaid requirements, the secretary shall issue a certificate to the applicant in accordance with the other provisions of this chapter.

(5) Time spent in landscape architectural activities as part of military duties while in the Armed Forces of the United States shall apply towards the periods of diversified training required herein.

(6) The board may exempt from examination, or any part thereof, any applicant for registration as a landscape architect who holds a license or certificate to practice landscape architecture issued to him

590


upon examination by a legally constituted board of examiners in any other state of the United States provided the requirements for such license or certificate were the full equivalent of the requirements in this state at the time it was issued, and provided further, that the applicant's record fully meets the requirements of this state in all respects other than examination.

(7) All examinations shall be prepared and conducted by or under the direction and supervision of the board and due notice of the time and place of the holding of such examinations shall be published in at least one daily newspaper in the state.

History.-s. 5, ch. 65·419; s. 5, ch. 75-170. 'Note.-Chapter 74-37 provides that no person may be disqualified from

practicing an occupation or profession regulated by the state solely because he is not a United States citizen.


481.061 Registration; renewals, etc.-(1) The result of every examination or other evi

dence of qualification shall be published by the board and a record shall be kept by the board. The board shall issue a certificate of registration to every person certified by the board as entitled to receive it, upon receipt of the original certificate fee of $50.

(2)(a) Every person to whom such a certificate of registration is issued shall renew registration annually as required by this chapter. On or before September 1 of each year, the board shall mail to every landscape architect registered in Florida and to every holder of a temporary permit, a blank application for registration, using the address given at the last previous registration or the most recent address filed with the board subsequent to such registration.

(b) Upon receipt of such application, a registrant shall complete, sign and forward the application to the board, together with the annual registration fee of $50. Upon receipt of such an application and fee, the board shall issue a certificate of registration which shall render the holder thereof a legal practitioner of landscape architecture for the period commencing November 1 of the year of issue and expiring on October 31 in the year ending the annual registration period for which such license is issued.

(c) Applications for renewal of registration must be made annually on or before November 1 of each year, and, if not so made, additional penalty of $10 for each month that the applicant is in default shall be added to the regular annual fee. Such penalties may, for good cause shown, be remitted or compromised at the discretion of the board.

(d) The board may terminate the registration of any registrant who has not renewed his registration for 3 years.

History.-s. 6, ch. 65-419; s. 6, ch. 75-170. Note.-See s. 20.30(5) as to administrative functions that may be assigned


481.071 Construction of this chapter.-(!) None of the provisions of this chapter shall

prevent employees of those lawfully practicing as landscape architects from acting under the instructions, control or supervision of their employers.

(2) None of the provisions of this chapter shall apply to supervision by builders or superintendents employed by such builders, in the installation of

landscape projects by landscape contractors. (3) None of the provisions of this chapter shall

apply to the business conducted in this state by any agriculturist, horticulturist, tree expert, arborist, forester, nurseryman or landscape nurseryman, gardener, landscape gardener, landscape designer, landscape consultant, landscape contractor, garden or lawn caretaker, or grader or cultivator ofland, as these terms are generally used, including also, but not limited to, their right to plan and supervise in connection therewith, except that no such person shall use the designation "landscape architect," "landscape architecture," or "landscape architectural," or any description tending. to convey the impression that he is a landscape architect unless he is registered as provided in this chapter. Nothing in this chapter shall prevent a duly registered landscape architect from engaging in or conducting any other business whatsoever.

(4) This chapter shall not be construed to affect chapters 467,471 or 472, respectively, except that no such person shall use the designation or term landscape architect," "landscape architectural," "landscape architecture," "landscape engineering," or any description tending to convey the impression that he is a landscape architect unless he is registered as provided in this chapter. Architects, professional engineers and land surveyors, holding certificates to practice under their respective statutes, insofar as they practice their professions within their various branches, are exempt from registration under the provisions of this chapter.

(5) There is specifically excepted from the provisions of this chapter relating to the practice of landscape architecture all land improvements and all plans, designs, supervisions, works and executions of or for land improvements by building contractors or by owners of a substantial legal or equitable ownership interest in lands being improved, together with contiguous road rights-of-way, playgrounds and parks, provided, however, the provisions of this section shall in nowise authorize or permit the use of the terms "landscape architect," "landscape architecture," "landscape architectural," or any description tending to convey the impression that such builder or owner is a landscape architect unless he is registered as provided in this chapter.

History.-s. 7, ch. 65·419.

481.081 Corporate and partnership practice of landscape architecture; certificate of authorization; fees; revocation or suspension; rules.-

(1) The practice or offer to practice of landscape architecture by individual landscape architects registered under this chapter through a corporation or partnership offering landscape architectural services to the public, or through a corporation or partnership offering landscape architectural services to the public through individual registered landscape architects as agents, employees, officers, or partners, is permitted, subject to the provisions of this section if:

(a) One or more of the principal officers of such corporation, or partners of such partnership, and all personnel of such corporation or partnership who act in its behalf as landscape architects in this state

591


are registered landscape architects as provided by this chapter;

(b) All persons in control of such corporation and all partners of such partnership are registered landscape architects under this chapter, registered professional engineers as provided in chapter 471, registered land surveyors as provided in chapter 472, or registered architects as provided in chapter 467;

(c) One or more of the officers, one or more of the directors, one or more of the owners of such corporation, or one or more ofthe partners of such partnership is a registered landscape architect as provided in this chapter; and

(d) Said corporation or partnership has been issued a certificate of authorization by the board as provided herein.

(2) All documents involving the practice oflandscape architecture which are prepared for the use of such corporation or partnership shall bear the signature and seal of a registered landscape architect. However, no landscape architect shall affix, or permit to be affixed, his seal or his name to any plan, specification, drawing, or other related document which was not prepared by him or under his responsible supervising control.

(3) Nothing in this section shall be construed to mean that a certificate of registration to practice landscape architecture may be held by a corporation or partnership.

(4) A corporation or partnership desiring a certificate of authorization shall file with the board an application upon such a form to be prescribed by the board and the designation required by subsection (5) accompanied by the fee prescribed by the board, which fee shall not exceed $75.

(5) A corporation shall file with the board, using a form provided by the board, the names and addresses of all officers and board members of the corporation, including the principal officer or officers, duly registered to practice landscape architecture in this state, and also of all individuals duly registered to practice landscape architecture in this state who shall be in responsible charge of the practice oflandscape architecture by said corporation in this state. A partnership shall file with the board, using a form provided by the board, the names and addresses of all partners of the partnership, including the partner or partners duly registered to practice landscape architecture in this state, and also of an individual or individuals duly registered to practice landscape architecture in this state who shall be in responsible charge of the practice of landscape architecture by said partnership in this state. The same form, giving the same information, must accompany the annual certificate of authorization renewal fee prescribed by the board. In the event there is a change in any of these persons during the year, such changes shall be designated on the same form and filed with the board by the corporation or partnership within 30 days after the effective date of such change.

(6) If all the requirements ofthis section are met, the board shall issue to such corporation or partnership a certificate of authorization. Revocation or suspension of a certificate of authorization held by such corporation or partnership as provided in this section shall be administered by the board in the same

manner as provided for revocation of an individual landscape architect's certificate of registration as provided in s. 481.091.

(7) Persons seeking to incorporate under the provisions of this section shall obtain approval from Florida State Board of Landscape Architecture prior to filing their articles of incorporation with the Department of State.

(8) The fact that individual registered landscape architects practice landscape architecture through a corporation or partnership as provided in this section shall not relieve such landscape architects from personal liability for their professional acts, and each such corporation, and such stockholders as are landscape architects, or partnership shall be jointly and severally liable for the professional acts of agents, employees, officers, or partners.

History.-s. 8, ch. 65-419; s. 2, ch. 72-59.

481.091 Disciplinary proceedings.-(!) The board shall have the power to revoke or

suspend the certificate of registration or temporary permit of a landscape architect or reprimand, censure, or otherwise discipline a landscape architect in accordance with the following provisions and procedures in any of the following cases:

(a) Upon proof that such a certificate or permit has been obtained or that the holder thereof has obtained such license by fraud or misrepresentation.

(b) Upon proof that the holder of such a certificate or permit has been adjudged guilty of a felony by a competent court.

(c) Upon proof that the holder of such a certificate or permit is guilty of fraud or deceit or of gross negligence, incompetency or misconduct in the practice of landscape architecture.

(d) Upon proof that the holder of such a certificate or permit has permitted his seal to be affixed to any plans, specifications or drawings if such portions thereof as involve the practice oflandscape architecture were not prepared by him or under his personal supervision by his regularly employed subordinate.

(2)(a) Any person may prefer charges against a landscape architect. Such charges shall be in writing and sworn to by a complainant and shall be furnished the board. Unless the charges are dismissed by the board as unfounded or trivial, they shall be heard by the board within 6 months after the date on which they are filed.

(b) The accused shall have the right at such hearing, to appear personally and by counsel, to crossexamine witnesses against him and to produce evidence and witnesses in his defense. The board shall fix the time and place for such hearing and shall cause a copy of the charges, together with a notice of the time and place fixed for the hearing, to be served on the accused at least 30 days before the date fixed for the hearing.

(c) Ifby a majority vote of the board the accused is found guilty of the charges or any of them, the board shall issue an order revoking, suspending or annulling the certificate or permit of the accused or reprimanding, censuring or otherwise disciplining him or dismissing the charges.

(d) Nothing herein contained shall estop the board from initiating proceedings in any case.

(e) The board may restore a certificate to any

592


person whose certificate has been revoked. Application for the reissuance of a certificate shall be made in such manner as the board may direct.

History.-s. 9, ch. 65-419.

481.101 Penalties.-(!) It shall be a misdemeanor of the first degree,

punishable as provided ins. 775.082 or s. 775.083, for any person to:

(a) Hold himself out as a landscape architect, unless duly registered as provided in this chapter.

(b) Present as his own the certificate of another. (c) Give false or forged evidence to the board or

member thereof in obtaining a certificate of registration.

(d) Falsely impersonate any other practitioner, of like or different name.

(e) Use or attempt to use a certificate that has been revoked.

(f) Otherwise violate any of the provisions of this chapter.

(2) All courts within this state having jurisdiction over misdemeanors are hereby empowered to hear, try and determine such crimes upon information and to impose in full the punishments herein prescribed.

History.-s. 10, ch. 65-419; s. 433, ch. 71-136.

481.111 Prosecution of violations.-(!) All violations of the provisions of this chapter

when reported to the board and duly substantiated by affidavits or other satisfactory evidence shall be investigated by it, and if the report is found to be true and the evidence substantiated, the board shall report such violation to the proper prosecuting officer and request prompt prosecution.

(2) The board may appoint a secretary and inspector for the purpose of enforcing the provisions of this chapter.

(3) All officials of any city, town, or village in this state charged with the enforcement of laws, ordinances or regulations relating to the development of land areas, shall assist the board in the enforcement of this chapter.

History.-s. 11, ch. 65-419.

481.121 Fees.-The board shall issue a receipt to each landscape architect promptly upon payment of the annual registration fee. The amount of fees prescribed by this section is that fixed by the following schedule:

(1) The application fee for examination shall be $75.

(2) The fee for an original certificate shall be $50. (3) The fee for a replacement or duplicate certifi

cate shall be $10. (4) The annual registration fee shall be $50.



481.131 Report of receipts and expenditures made to Governor.-Annually, during the month of July, the secretary of the board shall make to the Governor of the state a complete statement of the receipts and expenditures of the board, attested by affidavit of the president and secretary, and a complete report of the transactions ofthe board with its recommendations for the advancement and better-ment of the profession. ·



481.151 Civil proceedings.-(!) As cumulative of any other remedy or crimi

nal prosecution, whenever it shall appear to the Florida State Board of Landscape Architecture that any person is or has been violating any of the provisions of this chapter, or the lawful rules, regulations, or orders of the board, or any of the laws of the state relating to landscape architecture, the said board may file a proceeding in the name of the state, on its own relation, and by its counsel alleging the facts, and praying for a temporary restraining order, an injunction and permanent injunction, against such person, restraining him from violating or disobeying or commanding him to obey such law, order, rule or regulation.

(2) Upon proper application and showing that such person is not registered or that a renewal certificate has not been applied for, or that registration has been denied, revoked or suspended, or that the law, order, rule, or regulation has been or is about to be violated or disobeyed, which showing may be made by affidavit, the court wherein the proceeding shall have been filed, may issue a temporary restraining order or injunction, or a preemptory writ of mandamus, and upon final hearing may grant and issue an injunction including mandatory injunction, or a preemptory writ of mandamus, upon finding the truth and sufficiency of the allegations of the bill or petition justifies such action. The court may enforce said injunction, or by such other writs and process, mesne or final as are permitted to circuit courts and shall make such other orders as its discretion and rules shall require. Such injunction or writ may be limited in time, perpetual or conditional, as may be necessary and proper to the enforcement of this chapter, or the lawful rules, regulations, or orders of the board, or the law of the state relating to landscape architecture.

History.-s. 15, ch. 65-419.

593

Ch. 482 PEST CONTROL Ch. 482

CHAPTER 482

PEST CONTROL

482.011 482.021 482.032 482.051 482.061 482.071 482.081

482.091 482.111 482.121 482.132 482.133 482.141 482.151 482.152

482.161 482.162

482.171

482.181 482.182 482.183 482.191 482.201 482.211 482.221 482.231 482.241 482.242 482.25

Short title. Definitions. Enforcement. Rules. Inspectors. Licenses. Prerequisite for issuance of occupational

license. Identification cards. Certificate; disposition of moneys received. False use of certificate. Qualifications for certificate. Qualification for examination. Examinations. Special identification card. Duties of certified pest control operator in

charge of pest control activities oflicensee.

Grounds for suspension and revocation. Other disciplinary measures and proba

tion. Revocat ion or suspension of certificate or

license. Judicial review. Offenses committed prior to this act. Limitations. Violation and penalty. Liens on real and personal property. Exemptions. Grandfather clause. Use of fogging machines permitted. Liberal interpretation. Preemption. Application of law.

482.011 Short title.-This act may be cited as the "Pest Control Act."

History.-s. 1, ch. 59-454; s. 1, ch. 65-295.

482.021 Definitions.- For the purposes of this measure, and unless otherwise required by the context, the following definitions shall prevail, to wit:

(1) "Agricultural area" means any area upon which a ground crop, trees, or plants, are grown for commercial purposes; or where a golf course, park, nursery, or cemetery is located; or where farming of any type is performed, or livestock is raised.

(2) 1["Department" means the Department of Health and Rehabilitative Services.]

(3) "Business location" means any advertised location in or from which pest control business is solicited, accepted and conducted.

(4) "Category" means a distinct branch or phase of pest control for which a pest control operator's certificate may be issued such as: Fumigation, general household pest control, rodent control, pest control with respect to termites and other wood-infesting organisms; and, lawn and ornamental pest control; and, such a combination or division of such branches of pest control as the division may by rule establish.

(5) "Certified operator" means an individual holding a current valid pest control operator's certif-

icate issued by the division. (6) "Fumigation" means the use, within an en

closed space, in or under a structure, of a fumigant in concentrations which may be hazardous to man.

(7) "Fumigant" means a chemical which, at a required temperature and pressure, can exist in the gaseous state in sufficient concentration to be lethal to a given organism. This definition implies that a fumigant acts as a gas in the strictest sense of the word. This definition excludes aerosols which are particulate suspensions ofliquids or solids dispersed in air.

(8) "General household pest control" means pest control with respect to any structure, not including fumigation or pest control with respect to termites or other wood-infesting organisms.

(9) "Identification cardholder" means a person to whom a card has been issued by the 1[department] appropriately identifying the holder to the public or to any officer, or any agent of the 1[department] charged with, or entitled to exercise any function in connection with the enforcement of this chapter and any rules made pursuant to this chapter.

(10) "Lawn" means the turf formed from grass or other plants.

(11) "Lawn and ornamental pest control" means pest control with respect to any lawn or ornamental, but specifically excluding the application of pest control to structures or reference thereto.

(12) "Licensee" means a person, partnership, firm, corporation, or other business entity having a license issued by the 1[department] for engaging in pest control in a particular business location.

(13) "This measure" means this law and rules of the 1[department].

(14) "Ornamental" means any shrub, bush, tree or other plant used or intended for use in connection with the occupation or use of any structure or the use 2[by] man for purposes other than as an agricultural area.

(15) "Pest control" means all or any one or more of the following: The use of any method or device or the application of any substance to prevent, destroy, repel, mitigate, curb, control, or eradicate any pest in, on, or under a structure, lawn or ornamental; the identification of infestation or infections in, on, or under a structure, lawn or ornamental; the use of any pesticide, attractant, repellent, rodenticide, fumigant or mechanical device, for preventing, controlling, eradicating, identifying, mitigating, diminishing, or curtailing insects, vermin, rodents, weeds, or other pests, in, on or under a structure, lawn or ornamental, all phases of fumigation, including treatment of products by vault fumigation and the fumigation of boxcars, trucks, ships, airplanes, docks, warehouses and common carriers; also, the soliciting or acceptance of such work.

(16) "Pests" means arthropods; wood-infesting organisms; rodents; any obnoxious or undesirable living plant or animal organism.

(17) "Rodent" means rats, mice, squirrels and flying squirrels, and any other animal of the order

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"rodentia," including bats, which may become a structure pest.

(18) "Rodent control" means application of remedial measures for the purpose of controlling rodents.

(19) "Special identification cardholder" means a person to whom an identification card has been issued by the '[department] showing that he, the holder, is authorized to perform a particular function or functions of a certified pest control operator as may be specified thereon.

(20) "Structure" means any type of edifice or building, together with the land thereunder, together with the contents thereof; together with any patio or terrace thereof; also, that portion of land upon which work has commenced for the erection of an edifice or building; also, railway cars, motor vehicles, trailers, barges, boats, ships, aircraft, wharves, docks, warehouses, and common carriers.

(21) "Structural pest control" means pest control except with regard to lawns and ornamentals.

(22) "Termite or other wood-infesting organism control" means pest control with respect to any termite and other wood-infesting organisms by the use of any chemical or mechanical methods, not including fumigation or general household pest control.

Hlstory.-s. 1. ch. 59·454; s. 1, ch. 65-295; ss. 19, 35, ch. 69-106; s. 176, ch. 71·377.

'Note.-Division of Health abolished and its functions assigned by s. 3, ch. 75-48. Bracketed language substituted by the editors to reflect this change.

'Note.-"By" substituted for "of' by the editors.

482.032 Enforcement.-(!) The '[department] is empowered to enforce

this measure. (2) It shall be the duty of every state attorney,

sheriff, police officer and other appropriate city and county officers to enforce, or to assist the '[department] or any duly authorized inspector or other agent of the '[department] in the enforcement of this act and the rules and regulations promulgated by the '[department] under the provisions of this measure.

(3) The '[department] may commence and maintain all proper and necessary actions and proceedings for any or all of the following purposes:

(a) To enforce its rules and regulations. (b) To make application for injunction to the

proper circuit court and the judge of said court shall have jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of this measure or from failing or refusing to comply with the requirements of this measure.

Hlstory.-s. 1, ch. 65-295; ss. 19, 35, ch. 69-106; s. 26, ch. 73-334. 'Note.-See Note 1, s. 482.021.

482.051 Rules.-(1) The '[department] is authorized, empowered,

and directed to make rules to carry out the intent and purpose of this act. The '[department] shall promulgate regulations for the protection of health and safety of pest control employees and the general pub

ministration, or the state Department of Agriculture and Consumer Services.

(2) The '[department] shall hold a public hearing before its rules become effective. The current rules and regulations of the '[department] relative to structural pest control are continued in force with respect to this measure insofar as are appropriate until repealed or amended by the '[department].

(3) To formulate recommendations, the '[department] may appoint an advisory council or may hold public hearings or may counsel with members of the industry.

Hlstory.-s. 1, ch. 59-454; s. 1, ch. 65-295; ss. 14, 19, 35, ch. 69-106. 'Note.-See Note 1, s. 482.021.

482.061 Inspectors.-The '[department] shall appoint one and may appoint two or more graduate entomologists as inspectors of the '[department]. The inspectors shall also enforce this measure and shall make, or have made by representatives of the '[department], county or municipal health unit, inspections oflicensees. The inspectors shall report all violations to the '[department]. Appointment as a '[department] inspector qualifies and admits a person to the certified operators examinations, and when he passes he shall receive a certificate valid only during his tenure of office. For the time a person serves as a '[department] inspector all fees for his certificate are waived.

Hlstory.-s. 1, ch. 59454; s. 1, ch. 65-295; ss. 19, 35, ch. 69-106. 'Note.-See Note 1, s. 482.021.

482.071 Licenses.-(!) The '[department] may issue licenses to quali

fied businesses to engage in pest control in this state. It is unlawful for any person to operate a pest control business that is not licensed by the '[department]. Before entering business and also annually thereafter, on or before an anniversary date to be set by the '[department] for each licensee, each person, firm, partnership, or corporation engaged in pest control shall apply to the '[department] for a license, or a renewal thereof, for each business location. Applications shall be on forms prescribed and furnished by the '[department]. Each license expires the next anniversary date following issuance or renewal. The license fee is $25. A license shall cease to be in force when a licensee changes his business address and the old license shall be surrendered and a new license issued for a fee of $5. The '[department] shall not issue a license to a pest control business unless its pest control activities shall be in charge of a certified operator or operators certified in the categories of the licensee and resident in the state. All fees collected by the '[department] shall be deposited in the Pest Control Trust Fund and shall be used in carrying out the provisions of this measure.

(2) Each licensee shall display his license within his business location. Each business location must be licensed.

Hlstory.-s. 1, ch. 59-454; s. 1, ch. 65-295; ss. 19, 35, ch. 69-106; s. 1, ch. 74-74. 'Note.-See Note 1, s . 482.021.

lic, in conformity with this act, by requiring that all 482.081 Prerequisite for issuance of occupapesticides, fumigants, and rodenticides shall be used tionallicense.-No municipality or county shall isonly in accordance with the registered label, or oth- sue an occupational license to any pest control erwise accepted by the United States Department of business coming under the provision of this act, unAgriculture, the United States Food and Drug Ad- less a current license has been procured for each

595


business location from the division. Upon presentation of a current business license from the '[department] and the required fee an occupational license shall be issued in the county or municipality in which application is made.

Hlstory.-s. 1, ch. 59-454; s. 1, ch. 65-295; ss. 19, 35, ch. 69-106. 'Note.-See Note 1, s. 482.021.

482.091 Identification cards.-(1) No licensee shall assign any person to per

form or be trained for pest control without first applying for an identification card for such person from the '[department], on a form prescribed by the '[department]. The identification card shall be carried on the employee's person while performing or soliciting pest control and shall be presented on demand to the person for whom pest control is being performed or solicited or to any inspector, or to such other persons as may be prescribed by the rules of the '[department].

(2) The responsibility for obtaining identification cards for employees is jointly on the licensee and the certified pest control operator. However, no one shall perform pest control without being of good moral character and carrying on his person a current valid identification card and without having affixed thereto his signature and a current photograph of himself. No licensee or certified operator shall assign or use any employee to perform pest control without trained supervision unless said employee is trained and qualified. An identification card shall cease to be in force when the holder thereof ceases to be an employee of the licensee which secured the said card. In such case, the licensee or certified operator will obtain and destroy the old card and shall notify the '[department] in writing of the date of termination within 10 days. Each card issued shall expire on the licensee's next anniversary date after issuance or upon change of licensee's business address. Each card shall be renewed annually thereafter on or before the licensee's anniversary date as set by the '[department] for each licensee. The fee for each identification card is $2.

(3) An employee whose duties are confined to office secretarial, bookkeeping, office clerical, office filing, trenching, digging, raking, putting up or taking down tents, clamping, carrying away debris or such activities as specified by the '[department], shall be made exempt by the '[department] from being required to hold an identification card.

(4) An identification card must be applied for or obtained for each person who in any way applies any fumigant, insecticide, attractant, repellent, rodenticide, pesticide, chemical or fungicide and for each person who operates any machine or device for applying the same, and also for each person who performs any of the services of routeman, serviceman, or salesman.

Hlstory.-s. 1, ch. 59-454; s. 1, ch. 65-295; s. 5, ch. 67-520; ss. 19, 35, ch. 69-106; s. 2, ch. 74-74.

'Note.-See Note 1, s. 482.021.

or before June 1, of each year, each individual qualified under the provisions of this act for a pest control operator's certificate and permitted to be in charge ofthe pest control activities of a licensee, shall apply to the '[department] on forms of the '[department] for a pest control operator's certificate or a renewal of such certificate. Each certificate will expire unless renewed on or before June 1, following the issuance thereof. Each certified operator in charge of pest control activities of a licensee must display his certificate and current renewal form at the business location in his charge.

(3) Each category of each licensee shall be in the charge of a certified operator who is certified for the particular category. A certified operator may be in charge of one or more of all categories provided he is certified for said categories.

(4) No person shall be in charge of the performance of pest control activities of any category of any licensee unless such person is properly certified.

(5) No certified operator shall be in charge of the performance of pest control activities at more than one business location.

(6) The issuance fee and the renewal fee for each certificate shall not exceed $25.

(7) A certified operator who is inactive in pest control for a period not exceeding 5 years may secure a renewal at any time during 5 years upon payment of all past fees . ·

(8) All moneys received by the '[department] under this measure shall be deposited and expended pursuant to the provisions of s. 215.37, and shall be used by the '[department] in carrying out the provisions of this measure and in the education of and of the promoting of the pest control industry. All expenditures authorized by this measure shall be paid upon presentation of vouchers approved by the '[department].

(9) Certificates issued by the '[department] are not transferable to another person.

(10) In the event of death, loss of certified operator or other emergency, one or more emergency pest control certificates or special identification cards shall be issued upon the request of the licensee, to one or more designated, trained persons by the '[department] for a period of 10 days. The '[department] may renew the same for an additional period up to 90 days and for similar additional periods up to 1 year. The '[department] may collect not more than $10 for each emergency certificate or card and not more than $10 for each renewal thereof. The '[department] shall promulgate rules and prescribe forms for this purpose, provided that an emergency certificate shall not be issued in the category offumigation.

Hlstory.-s. 1, ch. 59-454; s. 21, ch. 61-514; s. 1, ch. 65-295; ss. 14, 35, ch. 69-106.


482.121 False use of certificate.-(!) No certifiE:'d pest control o_r,'drator shall allow

482.111 Certificate; disposition of moneys re- his certificate to be used by any licensee to secure or ceived.- keep a license unless such certified operator is in

(1) The '[department] shall issue a pest control charge of the pest control activities of the licensee in operator's certificate to each individual who quali- the category or categories covered by his certificate. fies under this measure. (2) No licensee shall use the certificate of any

(2) Before engaging in pest control work and on certified operator to secure or keep a license unless

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the holder of said certificate is in charge of the pest control activities in the category or categories of the licensee covered by his certificate.

History.-s. 1, ch. 59-454; s. 1, ch. 65-295.

482.132 Qualifications for certificate.- The '[department]may award a pest control operator's certificate or a renewal thereof to an individual who has passed the examinations prescribed by the '[department] and who makes it appear to the '[department] that he is not under the disabilities of minority; that he is a United States citizen domiciled in and a resident citizen ofthe state, of good character and of good reputation for fair dealings, is qualified to be a certified operator with safety to persons and property, and is otherwise qualified under the provisions of this act and the rules made pursuant thereto.

Hlstory.-s. 1, ch. 59-454; s. 1, ch. 63-48; s. 1, ch. 65-295; ss. 19, 35, ch. 69-106. 'Note.-See Note 1, s. 482.021.

482.133 Qualification for examination.-Each applicant for examination for pest control operator's certificate must be possessed of the following basic qualifications, to wit:

(1) Three years as a service employee of a licensee who performs pest control in the category or categories in which the service employee seeks certification, 1 year of which employment must have been in this state immediately preceding application for examination; or a degree with advanced training, or a major in entomology or horticulture from a recognized college or university. Those holding a degree with advanced training or a major in entomology are qualified for the examination in general household pest control, lawn and ornamental pest control, termite or other wood-infesting organisms control and fumigation. Those holding a degree with advanced training or a major in horticulture are qualified for the examination in lawn a-nd ornamental pest control.

(2) Each applicant must have knowledge of practical and scientific facts of pest control and effective January 1, 1966, be a graduate of an accredited high school or submit to the '[department] evidence satisfactory to it of equivalent education; however, those persons who have previously qualified and been accepted to take these examinations shall be exempted from the formal education requirement.

History,_,. 2, ch. 65-295; ss. 19, 35, ch. 69-106. 'Note.-See Note 1, s. 482.021.

482.141 Examinations.-(!) Each individual seeking certification must

satisfactorily pass an examination which must be written but which may include practical demonstration. A minimum of two examinations shall be held annually.

(2) Applications for examination shall be made in accordance with rules of the '[department]. Each application must be accompanied by a fee of not more than $25, to be set by the '[department], for each category in which the applicant desires to be examined. Any applicant who fails to pass one or more categories may reapply for examination upon the payment of additional fees as provided for in the original application.

(3) The '[department] shall give an examination in each category testing the applicant's knowledge of pest control as applicable to the specific category applied for. Applicants may seek certification on one or more categories. The certificate shall state the categories allowed thereby.

(4) All provisions of this measure apply whenever a certified operator is certified in less than all categories except that the activities of each certified operator, and the categories in his charge of any licensee, are confined to the category or categories granted.

(5) No refunds of these fees shall be made. History.-s. 1, ch. 59-454; s. 1, ch. 65-295; ss. 19, 35, ch. 69-106. 'Note.-See Note 1, s. 482.021.

482.151 Sp~cial identification card.-(1) The privilege of being a special identification

cardholder may be available to individuals who qualify under this measure but no one shall be required to become a special identification cardholder.

(2) The '[department] in its rules, shall provide qualifications, privileges, duties and limitations regarding holders of special identification cards.

(3) The '[department] may issue special identification cards to qualified individuals who pass written examinations which may include practical demonstration. Application forms shall be prescribed by the '[department].

The '[department], in its rules, shall provide for such matters as: Required qualifications for applications; phases or categories of examinations; time of examinations and fees for each time the examinations are taken which shall not exceed $10 per category. Application to the '[department] for renewal of each special identification card must be made on or before June 1, following the issuance thereof. The issuance fee and the renewal fee of each special identification card is $5.

History.-s. 1, ch. 59-454; s. 1, ch. 65-295; ss. 19, 35, ch. 69-106. 'Note.-See Note 1, s. 482.021.

482.152 Duties of certified pest control operator in charge of pest control activities of licensee.-A certified operator in charge of pest control activities of a licensee shall be a Florida resident whose primary occupation is in the pest control industry and who shall take an active and continuing part in the direction of the pest control functions of the licensee as relates to the following:

(1) The selection of proper and correct chemicals for the particular pest control work to be performed.

(2) The safe and proper use of these pesticides. (3) The correct concentration and formulation of

pesticides used in all pest control work performed. ( 4) The training of personnel in the proper and

acceptable methods of pest control. (5) The control measures and procedures used. (6) The notification of the '[department] within

24 hours of any knowledge of accidental human poisoning or death connected with pest control work performed on jobs he is supervising.

History.-s. 2, ch. 65-295; ss. 19, 35, ch. 69-106. 'Note.-See Note 1, s. 482.021.

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482.161 Grounds for suspension and revocation.-The '[department] may suspend, revoke or stop the issuance or renewal of any certificate, special identification card, license or identification card coming within the scope of this measure upon any one or more of the following grounds as the same may be applicable:

(1) Violation of any rule of the '[department] or any provision of this act;

(2) Conviction in any court within this state of a violation of any provision of this act or any rule of the '[department];

(3) Habitual intemperance; addiction to narcotics;

(4) Conviction in any court in any state or in any federal court of a felony unless civil rights have been

· restored; (5) Knowingly making false or fraudulent

claims; knowingly misrepresenting the effects of material or methods; knowingly failing to use methods or materials suitable for the pest control undertaken;

(6) Performing pest control in a negligent manner;

(7) Failure to give to the '[department] or authorized representative thereof, true information upon request regarding methods and materials used, work performed, or other information essential to the administration of this measure;

(8) Fraudulent or misleading advertising or advertising in an unauthorized category.

History.-<~. 1, ch. 59-454; s. 1, ch. 65-295; ss. 19, 35, ch. 69-106. 'Note.-See Note 1, s. 482.021.

482.162 Other disciplinary measures and probation.-

(!) If, after appropriate hearing, the '[department] shall find that any identification cardholder, special identification cardholder, certified operator or licensee, has committed any act set forth in s. 482.161, but shall further find that such violation is of such nature or under such circumstances that revocation or suspension of a certificate would either be detrimental to the public; or, is unnecessarily harsh under the circumstances, it may in its discretion, and in lieu of executing the order of suspension or revocation, either:

(a) Reprimand the party publicly or privately; or, (b) Place the party on probation for a period of

not more than 2 years. (2)(a) If the '[department] shall find, with or

without a hearing, that the terms of any such probation have been violated, it may revoke such probation immediately and its initial order shall become effective, provided that upon the filing of request with the '[department] within 30 days of the revocation of such probation, such party may be permitted to show cause why such probation should not be revoked.

(b) In the event that a party is found by the '[department],after appropriate hearing, to have violated any of the other terms of this measure, the '[department] may declare such probation revoked and in its hearing with regard to such additional

violation, the '[department] may consider the violation for which probation is in effect in determining the extent of its order with regard to such new violation.

History.-<~. 2, ch. 65-295; ss. 19, 35, ch. 69-106. 'Note.-See Note 1, s. 482.021.

482.171 Revocation or suspension of certifi· cate or license.-

(!) When the holder of any certificate, special identification card, license or identification card has committed any act which is ground for suspension or revocation, the certificate, special identification card, license or identification card of the violator may be declared revoked or suspended by the '[department] after reasonable notice and hearing. Before suspending or revoking any certificate, special identification card, license or identification card, the '[department] shall give notice to the holder thereof by registered or certified mail sent to the last known address appearing in the records of the '[department]. Such notice shall advise the holder of the certificate, special identification card, license, or identification card:

(a) The charge placed against him; (b) The time and place of the hearing to be held; (c) That he may be represented in person or by

counsel; (d) Failure to appear will result in the suspen

sion or revocation of the certificate, special identification card, license or identification card.

(2) After the service of such notice, the '[department] shall hold a hearing, open to the public, at the time and place specified in the notice at which hearing the holder of the certificate, special identification card, license or identification card may appear and defend against the charges.

(a) The hearing shall proceed civilly. (b) Charges shall be made by the '[department]

by setting the same forth in the notice. (c) The '[department] may administer oaths,

hear testimony, receive evidence and perform all functions and duties necessary or incident to such hearing.

(d) Subpoenas for witnesses to appear before the '[department] and subpoenas duces tecum may be issued by the circuit court clerk or state attorney of any judicial circuit and the same may be served by any sheriff or deputy.

(3) The '[department] may stay its orders for 1 year or less with conditions.

(4) A revocation or suspension of a certificate, special identification card or license shall be of all categories unless the '[department] in its sole discretion suspends or revokes one or more categories thereof.

(5) Two years after a revocation, application may be made once to the '[department] for reinstatement and the '[department] may authorize reinstatement. One additional application may be made 2 years thereafter.

(6) Any charge of a violation of this measure by a licensee shall affect only the license of the business

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location from which the violation is alleged to have occurred.

History.-s. 1, ch. 59-454; s. 1, ch. 65-295; ss. 19, 35, ch. 69-106; s. 26, ch. 73-334.


482.181 Judicial review.---Judicial review of any order of the '[department] shall be had in the manner and before the court as set forth in chapter 120, part III, except that such method of review shall be mandatory and not in the alternative.

History.-s. 1, ch. 59-454; s. 14, ch. 63-509; s. 1, ch. 65-295; ss. 19, 35, ch. 69-106.


482.182 Offenses committed prior to this act. -Nothing in this act shall be construed to relieve an identification cardholder, special identification cardholder, certified operator or licensee of any violation of the terms of this chapter committed before the effective date of this act.

History.-s. 2, ch. 65-295.

482.183 Limitations.-(!) No person shall be charged with violation of

this act or any rules effective or adopted pursuant hereto more than 3 years after the date of such violation.

(2) For the purpose of this section a charge of violation of this act or rules adopted pursuant hereto shall be construed to mean the issuance of a notice or citation by the '[department] charging such violation.

History.-s. 2, ch. 65-295; ss. 19, 35, ch. 69-106. 'Note.-See Note 1, s. 482.021.

482.191 Violation and penalty.-(1) It is unlawful to solicit, practice, perform or

advertise in pest control except as provided by this measure.

(2) Any person who violates any provision ofthis act is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(3) Any person who violates any rule of the '[department] relative to pest control is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.-s. 1, ch. 59-454; s. 1, ch. 65-295; ss. 19, 35, ch. 69-106; s. 434, ch. 71-136.


482.201 Liens on real and personal property.-

(1) A licensee may have and enforce a lien on real property improved for any money that shall be owing him for labor or services performed or materials furnished in accordance with his contract and with the direct contract, subject to the licensee's compliance with the provisions of mechanics' lien laws.

(2) A licensee may have and enforce a lien for labor and services on personal property upon which the licensee has performed pest control and the same may be enforced in accordance with the provisions of and subject to the licensee's compliance with the provisions of part I of chapter 713 and s. 713.58.

History.-s. 1, ch. 59-454; s. 1, ch. 65-295.

482.211 Exemptions.-(!) This act does not apply: to pest control per

formed by the state, federal, municipal; to county governmental agencies while officially engaged; to state and educational agencies engaged in research pertaining to pest control; to the measure of control used in greenhouses, nurseries for plants, agricultural crops, trees, groves, orchards, or crop dustings; or to pest control, other than fumigation, performed by a person upon his own individual residence or property.

(2) This act shall not apply to lawn and ornamental pest control being performed on an agricultural area as defined.

(3) This act does not apply to the use of wood preservatives used only on wood, properly pretreated timber, properly pretreated lumber or to metal shields, when used in construction on structures.

(4) This act does not apply to the use of the antibiotic oxytetracycline hydrochloride for the control of lethal yellowing.

(5) Each person when performing pest control under an exemption shall employ all necessary equipment and materials in a manner that will avoid hazards to public health and safety and such person shall not be entitled to perform fumigation.


482.221 Grandfather clause.-Each person holding a current valid Florida structural pest control operator's certificate on the effective date of this act, shall be entitled to receive a certificate and shall continue to be certified in each of the categories for which he is presently certified.

(1) Each person holding a current Florida structural pest control operator's certificate on the effective date shall be entitled to have included on the amended certificate as a pest control operator issued to him by the commission, the category of lawn and ornamental pest control.

(2) Each holder of a current special identification card on the effective date of this act shall continue to be entitled to a special identification card with qualifications and limitations contained on his special identification card which he had prior to the effective date of this act.

(3) No fee shall be assessed for the issuance of the amended or substituted pest control operator's certificates or special identification cards referred to in the foregoing subsections of this act.

(4) In addition to persons holding structural pest control operator's certificates on the effective date of this act, each person, firm, partnership, corporation, association or other business entity actively operating a business engaged in lawn or ornamental pest control in the state, on or before October 1, 1964, shall be entitled to receive from the commission a pest control operator's certificate in the category of lawn and ornamental pest control for each office or location from which they have been actively engaged in lawn or ornamental pest control for a period of 6 months next preceding the effective date of this act, upon the following conditions:

(a) An individual operating such a business must be, at the time of his application for such certificate domiciled in and a resident citizen of the state;

(b) A partnership, firm, association or corpora-

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tion applying for such certificate must be entitled to do business in the state;

(c) A partnership, firm, association or corporation entitled to the issuance of a certificate must designate not more than one individual for each business location to receive such pest control operator's certificate;

(d) An individual operating a lawn and ornamental pest control business may designate a person other than himself to receive the pest control operator's certificate to which he is entitled under this section, and if he is doing business as contemplated in this section, he may designate an additional person to receive such pest control operator's certificate for each business location;

(e) No partnership, firm, association or corporation shall be entitled to the issuance of more than one pest control operator's certificate for each business location without examination;

(f) Each person, partnership, firm, association or corporation, or other business entity entitled to a pest control operator's certificate other than persons holding Florida structural pest control operator's certificates on the effective date of this act, shall accompany each application for a certificate to the commission with a fee of $25;

(g) Each person, partnership, firm, association or corporation entitled to the issuance of a pest control operator's certificate without examination under the foregoing provisions of this section shall apply to the commission upon a form furnished or approved

by it on or before the effective date of this act or within such additional time as the commission may, by its rules, permit, up to 1 year from the effective date of this act.


482.231 Use of fogging machines permitted. -Only certified operators certified in the category of general household pests may use thermal-aerosol fogging machines in general household pest control.

History.-s. 1, ch. 59-454; s. 1, ch. 65-295.

482.241 Liberal interpretation.-The provisions of this act shall be liberally construed in order to effectively carry out the provisions of this act in the interest of the public and safety.

History.-s. 1, ch. 59-454; s. 1, ch. 65-295.

482.242 Preemption.-The provisions of this measure preempt any and all city and county ordinances which may conflict with this act.

History.-s. 2, ch. 65-295.

482.25 Application of law.-This act does not apply to pending litigation or to any offense committed prior to effective date of passage of this act and any such offense is punishable as provided by the statutes in force at the time such offense was committed.

History.-s. 2, ch. 59-454; s. 1, ch. 65-295.

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