BARBERS Ch promote the purposes of this law as herein expressed.

Size: px

Start display at page:

Download "BARBERS Ch promote the purposes of this law as herein expressed."

Georgia Boyd
5 years ago
Views:

1 promote the purposes of this law as herein expressed. The board may in its discretion establish zones in a county with appropriate varying prices therein. History.- 3, 3A, ch , Robbins v Webb's Cutrate Drug Store 16 So. 2d Same; 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 orders 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 hear ing to be held for that purpose. (2) After receipt of the petition provided for in and at least thirty 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 barber shop conditions in such county and within five 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 barber shops 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 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 BARBERS Ch 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 barber shops, 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 barber shop 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 barber shops. Hiotory.- 4, ch , cf Fees of sheriffs and constables Compensation of witnesses In various courts Same; 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 barber shop directly affected by such order, but failure to receive such notice shall not relieve any person from the duty of compliance therewith. Hiotory.- 5, ch , Same; 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 barber shops, shall remain in force and effect until rescinded, modified, or replaced by a new ordet; promulgated by the commission under the same procedure as provided herein for such original orders. History.-~6, ch , Same; revocation of certificates of registration, hearing.-for violation of any of the provisions of 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 file~ of the commission and such applicant shall have ten days from the date of the mailing of the notice within which time 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 certifi-

Ch. 476 BARBERS cate 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 holder of a certificate of registration shall be afforded reasonable opportunity to appear in person or by counsel and to present his defenses to any charge that is to be heard by the

2 Ch. 476 BARBERS cate 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 reasonable opportunity to appear in person or by counsel and to present his defenses to any charge that is to be heard by the commission. History.- 7, ch , Same; 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. Hlstory. - 8, ch ,

3 FLORIDA BEAUTY CULTURE LAW Ch. 477 CHAPTER 477 FLORIDA BEAUTY CULTURE LAW Short title of chapter Beauticians, beauty culture teachers, junior operators, and manicurists and pedicurists required to be certified; regulations Beauty culture, beauty shop, manicurist, and pedicurist defined Junior operators to practice under beau tician Persons exempted from operation of chapter Persons qualified to receive certificate as beautician, manicurist or pedicurist Persons qualified to receive certificate as junior operator Beauty culture schools; requisites; courses taught; enrollment of students Requirements as to applications for examinations Examinations; times and places; to be in theory and practice and to be written and oral Certificate issued to applicant with passing grade Prerequisites and qualifications of nonresident applicants Display of certificates; rules and regulations. Annual renewal of certificates; date of expiration; required training for teachers; training course by board, availability to beauticians. Suspension or revocation of certificate; grounds. Procedure for revocation, etc., board may administer oaths; witnesses. Fees; duplicate certificates. State board of beauty culture; qualifications; terms. Members of board appointed from districts. Board; organization; compensation; annual report; bond of secretary. Disposition of money received by board. Board to keep records. Rules and regulations governing beauticians. Power of municipalities to regulate beauty culture. Barber law unaffected by this chapter. False statements. Penalty for violation of chapter. Injunctions; when authorized Short title of chapter.-this chapter shall be known and may be cited as the "Flor- or corporation to hire or employ any person to ida Beauty Culture Law". engage in the practice of beauty culture as Hlstory.- 30, ch , 1936; CGL 1936 Supp. 4151(277). hereinafter defined, unless such person holds a valid, unexpired and unrevoked certificate of Beauticians, beauty culture teachers, registration to practice beauty culture or a cerjunior operators, and manicurists and pedicur- tificate of registration as a registered junior ists required to be certified; regulations.- operator or registered manicurist and pedicur- (1) It shall be unlawful for any person to ist, or a permit to work as a junior operator, or engage in the practice or attempt to practice permit to work as a manicurist and pedicurist, beauty culture without a certificate of regis- issued under the provisions of this chapter. tration as a registered beautician, registered History.- 1, ch , 1935 ; CGL 1936 supp. 4161(278); junior operator or registered manicurist ::.nd 1, ch , 1941; am. 1, ch , 1943; am. u, ch. pedicurist issued pursuant to the provisions of 24039, this chapter by the board of beauty culture Beauty culture, beauty shop, manihereinafter established. curist, and pedicurist defined.- (2) No person shall teach or dtempt to (1) Any one or any combination of the folteach in a school of beauty culture, not operated lowing practices (when not done for the treatas a part of the public school system, without a ment of disease or physical or mental ailments certificate of registration as a beauty culture and when done for payment either directly or teacher, issued by the board. indirectly or without payment for the public (3) It shall be unlawful for any person, firm generally) constitutes the teaching and practice or corporation to serve as a junior opera:or of beauty culture: under a registered beautician without a certifi- (a) Cutting or bobbing the hair. cate of registration as a registered junior opera- (b) Facial and scalp massage or treatment tor issued by the board. with oils, creams, lotions or other preparations. (4) It shall be unlawful for any person, firm (c) Singeing, shampooing, or coloring the or corporation to operate a beauty shop unless hair or applying hair tonics. such shop at all times be under the direct (d) Applying cosmetic preparations, antisupervision and management of a registered septics, powders, oil, clay, or lotions to scalp, beautician. face, or neck. (5) It shall be unlawful for any person, firm (e) Hairdressing or the arranging, waving, or corporation to operate a school of beauty cui- dressing, curling, cleansing, thinning, cutting, ture, not operated as a part of the public school singeing, bobbing, bleaching, tinting, coloring, system, without a certificate of registration steaming, straightening, dyeing, brushing, issued pursuant to the provisions of this chap- beautifying, or otherwise treating by any means ter by the board of beauty culture hereinafter the hair of any person. established and unless such school of beauty (f) Manicuring, or the cutting, polishing, culture shall at all times be under the direct tinting, coloring, cleansing, or manicuring the supervision and management of a registered nails of any person, and massaging. beauty culture teacher. (g) Pedicuring, or the shaping, olishing, (6) It shall be unlawful for any person, firm tinting, coloring, cleansing, or pedicurin the 1903

4 Ch. 477 FLORIDA BEAUTY CULTURE LAW nails of the feet of any person, and massaging, oil, clay or lotions to scalp, face or neck of any or beautifying the feet of any person. person. (h) Permanent waving or the preparing, ar- (6) Manicuring, or the cutting, trimming, ranging, curling, cleansing, and treatment of tinting, polishing, coloring, cleansing or manithe hair for curling, by the use of permanent curing the finger nails of any person when said waving machines, mechanical appliances, or manicuring is done in a licensed barber shop chemical heat devices or heat materials, or which is carrying on a regular and customary chemical means. business of barbering. This exemption does (2) For the purpose of this chapter and as not apply to manicuring done in other estabused herein, the term "beauty shop" is hereby lishments or places. defined to embrace and include any establish- Hlstory.- 4, ch , 1935; CGL 1936 Supp. 4151(281). ment or place of business wherein the practice Persons qualified to receive certifiof beauty culture as hereinabove defined is en- cate as beautician, manicurist or pedicurist. gaged in or carried on. (1) Any person is qualified to receive a cer- The term "beautician" is hereby defined as tificate of registration to practice beauty culture as a beautician: one who practices beauty culture in its entirety. (a) Who is qualified under the provisions of (3) The term "manicurist and pedicurist" , and who is a citizen of the United is hereby defined as any person who manicures or pedicures or engages in the practice of cut- States; ting, trimming, polishing, tinting, coloring, (b) Who is at least seventeen years of age, cleansing of the nails of any person, or engages of good moral character and temperate habits, and in the practice of shaping, polishing, tinting, (c) Who has practiced as a registered junior coloring, cleansing, the nails of the feet and operator for a period of twelve months under massaging, cleansing or beautifying the hands the immediate supervision of a registered beauor feet of any person shall be construed to be practicing the occupation of a manicurist or tician; and in a shop in which a majority of P edicurist. the practices of beauty culture are engaged in, and Hlstory.- 2, ch , 1936; CGL 1936 Supp. 4151(279); d f 2, ch , 1941; 2, ch , 1947; sub. <2>. 1o, ch , (d) Who has passe a satis actory examma tion conducted by the board to determine his or Junior operators to practice under her fitness to practice beauty culture, and shall beautician.-no registered junior operator may include practical demonstrations in shampooindependently practice beauty culture, but he ing the hair, hairdressing, permanent waving, may, as a junior operator, do any or all of the finger waving, hair colox:ing, manicuring and acts constituting the practice of beauty culture pedicuring,. facial massage, and scalp massage, under the immediately personal supervision of a with the hand, written and oral tests in antiregistered beautician; and only two such junior sepsis, sterilization, sanitation, and the use of operators shall be employed in any licensed shop mechanical apparatus, and electricity as applicin ratio of two junior operators to each regis- able to the practices of the occupation of a beautician and may include such other demontered beautician in that shop. strations and tests as the board in its discretion Hlstory.- 3, ch , 1935; CGL 1936 Supp. 4151(280); may require. am. 2, ch , Persons exempted from operation of (e) An applicant for a certificate of regischapter.-the provisions of this chapter shall tration to practice beauty culture as a registered not be construed to apply to: beautician who fails to pass a satisfactory examination conducted by the board, must con- (1) Persons authorized by the law of this tinue to practice as a junior operator until an state to practice medicine and surgery or examination is again held in the district in osteopathy or chiropractic or persons holding a which the applicant resides before he or she drugless practitioner certificate under the law is entitled to take a second examination for a of this state. registered beautician. (2) Commissioned medical or surgical offi- (2) Any person is qualified to receive a cercers of the United States army or navy or tificate of registration to practice manicuring marine hospital service. and pedicuring in a beauty shop: (3) Registered nurses under the laws of this (a) Who is a citizen of the United States; state. or who has made a declaration of intention to ( 4) Persons employed in state or local insti- become a citizen of the United States; or who tutions, or hospitals as beauticians. having made such declaration of intention, has (5) Barbers duly licensed under the laws filed a petition for naturalization within thirty of this state, in so far as their usual and ordin- days after becoming eligible to do so, and ary vocation and profession is concerned when (b) Who is at least seventeen years of age, engaged in any of the following practices, of good moral character and temperate habits; namely; shaving or trimming the beard or cut- and ting or bobbing the hair, facial and scalp mas- (c) Who has completed the following presages or treatments with oils, creams, lotions scribed course and number of hours in the or other preparations, singeing, shampooing or study and practice of manicuring and pedicurdyeing the hair or applying hair tonics, apply- ing in a school of beauty culture approved by ing cosmetic preparations. antiseptics, powders, the board. One hundred twenty-five hours for 1904

5 theory and practice of manicuring and pedicuring and twenty-five hours for ethics, sanitation, hygiene and anatomy; these being the only subjects the applicant is required to take. The hundred and twenty-five hours for theory and practice to be divided as follows: Seventy-five hours for practice and fifty hours for theory. (d) Who can prove by sworn affidavits that she has practiced as a manicurist and pedicurist in another state or country for at least one year immediately prior to making application in this state, and (e) Who can furnish to the state board a certificate from a practicing medical doctor, dated not more than thirty days prior to date of application, attesting that she is free from any contagious or infectious disease, and (f) Who has passed a satisfactory examination in the scientific fundamentals for manicuring and pedicuring, physiology and hygiene, elementary chemistry relating to sterilization and antisepsis, in addition to the subjects comprising manicuring and pedicuring shall be qualified to receive a certificate of registration as a manicurist and pedicurist. (g) Any applicant who fails to pass the examination is required to further complete a course of study of fifty hours to be completed within two weeks in a school approved by the board. lllstory.- 5, ch , 1935; CGL 1936 Supp. 4151(282) ; 3, ch , 1941; am. 3, ch , 1943; am. 7, ch , 1943; am. 3, ch , Persons qualified to receive certificate as junior operator.- (!) Any person is qualified to receive a certificate of registration as a registered junior operator: (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 thirty days after becoming eligible to do so, and (b) Who is at least sixteen years of age; and (c) Who is of good moral character and temperate habits, and (d) Who has graduated from a school of beauty culture approved by the board; and (e) Who has passed a satisfactory examination conducted by the board to determine his or her fitness to practice as a junior operator; and which shall cover the practices as defined in ; and (f) Who can furnish to the board a certificate from a practicing medical doctor, dated not more than thirty days prior to the date of the application attesting that he or she is free from any contagious or infectious disease. (2) An applicant for a certificate of registration to practice as a junior operator in a beauty shop who fails to pass a satisfactory examination is required to complete a further course of study and practice of not less than fifty hours for each subject failed, to be completed within two months, provided that if an applicant fails in three or less practical subjects on the examination such applicant shall be FLORIDA BEAUTY CULTURE LAW Ch given a permit to practice as a junior operator until the next examination is given in the district in which he resides, but provided, however, that if on the third examination the applicant does not pass all subjects no such interim permit shall be issued. Hlstory.- 6, ch , 1935; CGL 1936 Supp. 4151(283); 4, ch , 1941; am. 4, ch , 1943; am. 4, ch , Beauty culture schools; requisites; courses taught; enrollment of students.- (!) No school of beauty culture, 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 in and unless its instructors and faculty are registered beauty culture teachers under this chapter, one of which shall be a licensed physician, and unless it requires as a prerequisite to admission thereto, completion of ten grades of school, or its equivalent; provided, this shall not affect those presently registered as students in beauty culture schools in this state, and further, graduation from an approved beauty culture school within one year prior to the effective date of this law shall preserve the status of those who have not taken or completed the required examination for the issuance of a certificate hereunder. Such beauty culture school shall possess apparatus and equipment sufficient for the proper and full teaching of beauty culture, and require as a prerequisite to graduation a course of instruction and practice of not less than twelve hundred hours of continuous study and practice of not more than eight hours in any one day, within a maximum period of eighteen months and a minimum period of seven months, such course of instruction to include the following subjects: (a) Scientific fundamentals for beauty culture, 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, shop management and business methods, facial and scalp massage, or treatments with oils, creams, 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

Ch. 477 FLORIDA BEAUTY CULTURE LAW waving machines, mechanical appliances or chemical heat devices or heat materials or other chemical means.

on, 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.

(h) Provided that no patron shall be given a complete service in the junior department; the patron may obtain the service of the student only as she progresses according to schedule.

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

6 Ch. 477 FLORIDA BEAUTY CULTURE LAW 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 preparati.on, 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 two hundred hours in theory and practical work on wefts and fellow students. (h) Provided that no patron shall be given a complete 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 five hundred 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 beauty culture shall enroll or admit any student thereto unless such a student shall make and file, in duplicate, a duly verified application which said application shall be of such form and contain such matters as the state board of beauty culture may prescribe and shall be obtained by such student or the school from said board. One copy of such application shall be retained by the school enrolling or admitting the student and the other copy shall be filed by the school with said board. No school of beauty culture shall conduct a post graduate course unless the time required for completing same does not exceed a maximum of six weeks. No school of beauty culture shall enroll or admit any student in a post graduate course thereof, which said post graduate course shall be for the purpose of qualifying persons to pass the examination conducted by the board to determine fitness to practice beauty culture, unless such student shall file, in duplicate, an application duly verified, which said application shall be obtained by such student or school from the state board of beauty culture and shall be such form as prescribed by said board. Said application shall also show that the applicant has completed the tenth grade in school, or its equivalent, and that such applicant has either (a) graduated from a school of beauty culture approved by the board, (b) holds a valid, unexpired and uncanceled certificate of registration as a registered junior operator, or (c) who can prove by sworn affidavits that he or she has practiced as a beautician, manicurist and pedicurist in another state or country for at least five years immediately prior to making such application. One copy of such application shall be retained by the school so admitting or enrolling such student, and the other shall be filed by such school with said board. Nothing in this section contained shall be construed as limiting or modifying the provision of The school must be located in one building only. (3) No beauty culture school (except vocational training schools) existing in this state on May 20, 1941, shall continue to operate for a period of more than ninety days thereafter, nor shall any beauty culture school (except vocational training schools) established after May 20, 1941, commence operations, unless and until the owner thereof shall obtain from the board a certificate of registration to operate a beauty culture school. Every such certificate so issued shall expire one year from May 20, 1941, and a new certificate shall be obtained at that time and yearly thereafter by each beauty culture school. 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 fifty dollars; provided, however, that whenever a school shall be established within six 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. (4) Every application for a certificate of registration to operate a beauty culture school 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 of law and of the rules and regulations of the board relative to beauty culture schools 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 , wherein the subjects comprising the course of instruction in beauty culture schools 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 beauty culture schools 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 (6) Any person is qualified to receive a certificate of registration as a teacher of beauty culture: (a) Who is a citizen of the United States, or who has made a declaration of intention to b& come a citizen of the United States, or who having made such declaration of intention, has filed

a petition for naturalization within thirty days after becoming eligible to do so, and (b) Who is at least twenty-three years of age, and of good moral character. (c) Who has a high school education.

7 a petition for naturalization within thirty days after becoming eligible to do so, and (b) Who is at least twenty-three years of age, and of good moral character. (c) Who has a high school education. (d) Who was a registered, practicing beautician for at least five years, before being allowed to take the teachers' examination, provided that persons who have had at least one year in a college are exempted from this requirement. (e) Who passes examination in theory and practice of teaching beauty culture in addition to other subjects, with no mark in any one subject below seventy-five, and a general average of eighty. (7) Any person, firm or corporation who shall desire to establish a beauty culture school (except vocational schools, and those beauty culture schools established prior to May 20, 1941), and who shall apply to the board for a certificate of registration to operate such school 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 twelve hundred dollars and 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 beauty culture schools 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 and any bona fide student 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 damages for the breach of this contract. Provided, that upon it being made to appear to the board that any person, firm or corporation ic unable to obtain a surety company as surety upon the bond required by this subsection, that the board 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. History.- 7, ch , 1935; CGL 1936 Supp. 4161(284); 6, ch , 1941; am. 5, ch , 1943; am. 5, 17, ch , 1947; am. 10, ch , cf Dispensing with examination for veterans. FLORIDA BEAUTY CULTURE LAW Ch Requirements as to applications for examinations.-each applicant for an examination shall: (1) Make tpplication to the board at least ten 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 two signed photographs of the applicant, size two inches by two inches, one to accompany the application and one to be placed on the certificate of registration when issued; and, (3) Pay the required fee to the board as provided in this chapter. Hlstory.- 8, ch , 1935; CGL 1936 Supp. 4151(285); am. 6, ch , Examinations; times and places; to be in theory and practice and to be written and oral.-the board shall conduct examination of applicants for certificates of registration to practice as registered beauty culture teachers, registered beauticians, registered junior operators and registered manicurists and pedicurists not less than twelve times each year at such time and place as the board may determine. The examination of applicants for a certificate of registration as registered beauty culture teachers, registered beauticians and registered junior operators and registered manicurists and pedicurists shall include both practical demonstrations and written and oral tests and shall embrace the subjects required in to be taught in schools of beauty culture approved by the board, provided however, that any graduate from a school of beauty culture recognized by the board may be issued a certificate to practice until an examination is held by the board in the locality of such applicant, at which time said applicant shall take said examination and her temporary certificate shall expire. Hlstory.- 9, ch , 1935; CGL 1936 Supp. 4151(286); am. 6, ch , Certificate issued to applicant with passing grade.-a certificate as a registered beautician or as a registered junior operator shall be issued by the board to any applicant whose application for an examination has been properly made within thirty-six months from graduation from a qualified school of beauty culture who shall pass a satisfactory examination making an average grade of not less than seventy-five per cent, with a minimum of sixtyfive per cent in any subject, and who shall possess the other qualifications required by this chapter. Hlstory.- 10, ch , 1936; CGL 1936 Supp. 4151(287); am. 7, ch , 1943; am. 7, ch , Prerequisites and qualifications of nonresident applicants.- (1) A person who is a citizen of the United States; who is at least seventeen years of age, and of good moral character and temperate

Ch. 477 FLORIDA BEAUTY CULTURE LAW habits, and who furnishes to the board a certificate from a practicing medical doctor, dated not more than thirty days prior to the date of the application,

substantially the same standard of requirements for licensing or registering beauticians as required by this chapter; or, who can prove by sworn affidavits that he has practiced as a beautician in

8 Ch. 477 FLORIDA BEAUTY CULTURE LAW habits, and who furnishes to the board a certificate from a practicing medical doctor, dated not more than thirty days prior to the date of the application, attesting that he is free from any contagious or infectious disease and who has a license or certificate of registration as a practicing beautician from another state or country, which has substantially the same standard of requirements for licensing or registering beauticians as required by this chapter; or, who can prove by sworn affidavits that he has practiced as a beautician in another state or country for at least five years immediately prior to making application in this state, shall, upon payment of the required fee, be issued a permit to practice as a junior operator only until he is called by the board for examination to determine his fitness to receive a certificate of registration to practice beauty culture. Should he fail to pass the required examination, he may be allowed to practice as a junior operator only until he is called by the board for the next term examination. Should he fail to pass the second examination, he must cease to practice beauty culture in this state until such time as said person qualifies by passing said examination. (2) Any junior operator who is at least sixteen years of age and of good moral character, temperate habits and who furnishes to the board a certificate from a practicing medical doctor, dated not more than thirty days prior to the date of the application attesting that he is free from any contagious or infectious disease, who has completed the tenth grade in school, or its equivalent, and has a certificate of registration as a junior operator in a state or country which has substantially the same requirements for registration as a junior operator as is required by this chapter, upon payment of the required fee, be issued a permit to work as a junior operator until called by the board for an examination to determine his fitness to receive a certificate of registration as a junior operator. Should he pass the required examination a certificate of registration as a registered junior operator may be issued to him and the time spent in such other state or country as a junior operator may be credited upon the period of training required by this chapter as a qualification to take examination to determine his fitness to receive a certificate of registration as a registered beautician. (3) Any person who has practiced as a junior operator in another state or country, which does not have substantially the same requirements for registration as a junior operator as required by this chapter and who has the qualifications as required in paragraphs (a), (b), (c), (d), (e), (1) may be credited with the time so spent as a junior operator in such state or country upon the period of training required by this chapter as a qualification to take the examination to determine his 1908 fitness to receive a certificate of registration as a registered beautician. Hlstory.- 11, ch , 1935; CGL 1936 Supp. 4151(288); am. 8, ch , 1943; am. 8, ch , Display of certificates; rules and reg ulations.- (1) Every holder of a certificate of registration shall display it in a conspicuous place adjacent to or near his work chair or booth. (2) The board shall prepare copies of the provisions of , together with any other rules and regulations or sanitary requirements for conduct of beauty shops and beauty schools 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 beauty shop and beauty culture school one such copy to be posted in a conspicuous place in such beauty shop or beauty culture school by the said owner or manager thereof. History.- 13, ch , 1935; CGL 1936 Supp. 4151(290); am. 9, ch , Annual renewal of certificates; date of expiration; required training for teachers; training course by board, availability to beauticians.-every registered beauty culture teacher, beautician, junior operator, and manicurist and pedicurist who continues in active practice or service shall annually on or before July first of such year 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 the first day of August in that year. A registered beautician, junior operator, or manicurist and pedicurist whose certificate of registration has expired may have his or her certificate restored within three years thereafter upon payment of the current certificate fee and restoration fee. At least once every two years every registered beauty culture teacher shall attend a course of study and training of not less than two weeks continuous duration in a school to be approved by the state board of beauty culture, and a 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, provided, that from and after the year 1949 the board shall offer a course of study and training for beauty culture teachers, which course shall include lecturers and professional demonstrators who are expert in the latest and most advanced methods of beauty culture. Such course shall be available to registered beauticians as well as beauty culture teachers. Any registered beautician, manicurist and pedicurist who retires from practice, and any registered beauty culture teacher who retires from teaching, for not more than three years may renew his or her certificate upon the payment of the required renewal and restoration fees and due compliance herewith. Hlstory.- 14, ch , 1935; CGL 1936 Supp. 4151(291); 6, ch , 1941; 1, ch , 1941; am. 10, ch ; am. 9, ch

9 Suspension or revocation of certificate; grounds.-the board may either refuse to issue, or renew, or may suspend or revoke any 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 practice 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 described in ; (9) The violation of any of the rules and regulations provided by ; (10) The failure of a junior operator to take the examinations for a beautician's license at the expiration of the twelve-month period of practicing as a registered junior operator under the immediate supervision of a registered beautician. Hlstory.- 16, ch , 1936; CGL 1936 Supp. 4151(292); am. 11, ch , Procedure for revocation, etc.; board may administer oaths; witnesses.-the board shall not refuse to issue, nor refuse to renew, nor suspend, nor revoke any certificate of registration for any of the causes set out in , unless the person accused has been given at least twenty days notice in writing of the charge against him and a public hearing before the board, except upon the violation of subsection (3) of , when immediate suspension must be made and continued until a satisfactory showing can be made that the disqualification has ceased to exist, but when a suspension is made under subsection (3) of , the board must give the accused a hearing on the charge within forty-eight hours after notice of said suspension has been given. Upon the hearing of any such proceedings the board may administer oaths and may procure by its subpoena the attendance of witnesses and the production of relevant books and papers. Any court of competent jurisdiction; or- judge thereof, either in term time or in vacation, upon application either of the accused or of the board, may, by order duly entered, require the attendance of witnesses and the production of relevant books and papers before the board in any hearing relating to the refusal, suspension or revocation of certificate of registration. The fees and mileage of the sheriff and of witnesses shall be the same as allowed in criminal cases and shall be paid from the fund FLORIDA BEAUTY CULTURE LAW Ch. 477 of the board as other expenses of the board are paid. Hlstory.- 16, ch , 1935; CGL 1936 Supp.U51(D8). cf Fees of sheriffs and constables Compensation of witnesses In various courts Fees; duplicate certificates.- (!) The fees to be paid by the various applicants and to be collected by the state board of beauty culture for the various examinations to be given, for the issuance 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 beauty culture, forty-five dollars. (b) For an examination to determine the qualifications of an applicant to practice beauty culture as a beautician, thirty-five dollars. (c) For an examination to determine the qualifications of an applicant to practice beauty culture as a junior operator, fifteen dollars. (d) For an examination to determine the fitness of an applicant to practice as a manicurist and pedicurist, fifteen dollars. (e) For the issuance of a certificate of registration to teach beauty culture, five dollars. (f) For the issuance of a certificate of registration to practice beauty culture as a beautician, five dollars. (g) For the issuance of a certificate of registration to practice beauty culture as a junior operator, five dollars. (h) For the issuance of a certificate of registration to practice as a manicurist and pedicurist, five dollars. (i) For the issuance of a certificate of registration to the owner of a beauty culture school, fifty dollars. (j) For the renewal of an unexpired certificate of registration to teach beauty culture, ten dollars. (k) For the renewal of an unexpired certificate of registration to practice beauty culture as a beautician, manicurist and pedicurist, three dollars and fifty cents. (1) For the renewal of an unexpired certificate of registration to practice beauty culture as a junior operator, five dollars. (m) For the renewal of an unexpired certificate of registration to the owner of a beauty culture school, fifty dollars. (n) For the restoration of an unexpired certificate of registration to teach beauty culture, ten dollars, in addition to the renewal fee. (o) For the restoration of an expired certificate of registration to practice beauty culture as a hairdresser, manicurist and pedicurist, or beautician, five dollars, in addition to the renewal fee. (p) For the restoration of an expired certificate of registration to practice beauty culture as a junior operator, five dollars (q) For the restoration of an expired certificate of registration to the owner of a beauty culture school, twenty-five dollars, in addition to the renewal fee.

Ch. 477 FLORIDA BEAUTY CULTURE LAW (2) The examination to be given a resident junior operator to determine his or her fitness to receive a certificate to practice as a beautician shall be at no cost,

(3) If a certificate of registration has expired more than three years prior to the date of application for restoration, no such certificate may be restored, and such applicant may secure a new

( 4) 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

this section being in addition to the renewal fees and in the nature of penalties for permitting a certificate of registration to expire.

$photograph (passport size) of the person to whom it is issued at1d the photograph shall at 1\0 time thereafter during the life or the certificate be detached therefrom.$

10 Ch. 477 FLORIDA BEAUTY CULTURE LAW (2) The examination to be given a resident junior operator to determine his or her fitness to receive a certificate to practice as a beautician shall be at no cost, provided the junior operator has graduated from a school approved by the board, passed the examination to become a junior operator and has qualified with all the provisions of (3) If a certificate of registration has expired more than three 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 a fee of ten dollars therefor in addition to the fee for the renewal of a certificate. ( 4) 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. (5) 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 one dollar. 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. (6) Each certificate of registration, including duplicate certificates, and renewals which shall be issued by the board after June 16, 1947, shall have firmly affixed thereto a signed two by two inch photograph (passport size) of the person to whom it is issued at1d the photograph shall at 1\0 time thereafter during the life or the certificate be detached therefrom. The ph6to 7 graph mentioned herein. shall be furnished by the applicant and shall be in addition to those required by Hlstory.- 17, ch , 1935; CGL 1936 Supp. 4151(294); 7, ch , 1941; am. 12, ch , 1943; am. 10, ch , 1947; am. 11, ch , beautician shall be appointed a member of the board who is connected, directly or indirectly, in the business of the manufacturing, rental. sale, or distribution of beauty shop equipment or supplies. (2) No school owner, operator, manager or teacher or any one 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 beauty culture. (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 beauty culture. Hlstory.- 20, ch , 1935; CGL 1936 Supp. 4151(295); am. 13, ch , 1943; am. UU, 18, ch , Am. 11, ch , 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 into three districts, by counties, based on population and geog,raphical juj>taposition and shop distribution and one nieniber of said board shall be app,ointed and come from each district. Said districts shall be known as districts one, two and three and shall be composed of the following counties respectively: DISTRICT ONE. Dade, Monroe, Broward, Collier, Lee, Charlotte, Hendry, Glades, Palm Beach, Martin, St. Lucie, Okeechobee, Indian River, Brevard and Highlands. DISTRICT TWO. Sarasota, DeSoto, Manatee, Hardee, Pinellas, Hillsborough, Polk, Osceola, Pa.sco, Hernando, Citrus, Sumter, Lake, Orange, S.eminole, Volusia, Flagler, Marion, Putnam, Levy, Dixie, Gilchrist and Alachua.. DISTRICT THREE. Nassau, Duval, St. Johns, Clay, Union, Columbia, Hamilton, Suwannee, Madison, Taylor, Jefferson, Wakulla, Gadsden, Franklin, Liberty, Gulf, Calhoun, Jackson, Bay, Washington, Holmes, Walton, Okaloosa, State board of beauty culture; qualifications; terms.- Santa Rosa, Escambia, Leon, Bradford, Lafayette and Baker. (1) A board is created known as the state board of beauty culture, which consists of three Hlstory.- 21 ch ; CGL 1936 Supp. 4151(296). members appointed by the governor for a term Board; organization; compensation; of three years and confirmed by the senate. Each annual report; bond of secretary.- member shall be a practical beautician, who has (1) A majority of the members of the board followed the occupation of beauty culture in this in meeting duly assembled may perform and state for at least five years immediately prior exercise all of the duties and powers devolving to his appointment and shall have completed upon the board. The board shall adopt and use ten grades of school or its equivalent and be a a common seal or its official seal for the authengraduate of a beauty culture school; provided tication of its orders and records. An office shall that the educational requirements shall not dis- be maintained in Tallahassee, Florida, but this qualify any person who is presently registered requirement shall not be construed to prevent under this law. No beautician may be appointed the board from maintaining other offices in some as a member of the board who is not actually other cities within the state if, in the opinion of engaged in conducting a beauty shop, and no the board, such other offices are necessary in 1910

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

(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

11 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 beauty culture as provided and required by law and to keep a general supervision over the affairs of the board. An executive secretary shall be employed who sl).all conduct and supervise the Tallahassee office, shall assist the board members in carrying out the provisions of the state beauty culture law and shall instruct the inspectors in the performance of their duties. The executive secretary shall make a biennial 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 two years 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 ten thousand dollars 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 succeeding legislature. Each member of the board shall receive ten dollars 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 ten dollars per day, or any part of a day. The board members shall also receive the same travel subsistence and mileage as provided in , as allowed other state officers and employees. (3) The board shall have 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, subject, however, to the limitation that the number of clerks and other assistants shall at no time exceed a total of ten and that the number of inspectors employed by the board at any one time shall not exceed twelve, two or more of whom may be inspectors of colored shops and schools, and subject to the further limitation that no employee of the board shall be related by blood or marriage to any member of said board. Each inspector shall receive a salary of twenty-four hundred dollars per year and shall be reimbursed for traveling expenses according to law. (4) That all inspectors appointed under the provisions of this law shall be registered beauticians who have engaged in the practice of beauty culture in this state for not less than three years, and who are not less than twentyfive years of age: provided. however, that the FLORIDA BEAUTY CULTURE LAW Ch. 477 provisions of this subsection shall not apply to those inspectors who are now employed by the state board of beauty culture. History.- 22, ch , 1935; CGL 1936 Supp. 4151(297); 9, ch , 1941; am. 14 ch , 1943; am. 1, ch , 1947; 11, ch , 1949 ; sub. (2) am. 117, ch , 1951 ; sub. (2) am. 29, ch , 1953; (2) by 16, ch cf Per diem and traveling expenses of state officers and employees. 19,]; Disposition of money received by board.- (1) All monies received by the board under this chapter shall be paid to the executive secretary at Tallahassee, who shall give a receipt for same, and shall at the end of each month report to the state comptroller the total amount of money received on behalf of the board from all sources, and shall at the same time deposit with the state treasurer the entire amount of such receipts, and the stll.te treasurer shall place the money so received in the state agencies fund. A sufficient appropriation shall be made which 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 board, provided, that the board is charged with the duty and responsibility of awarding each year not in excess of ten scholarships in beauty culture training for courses in the various beauty culture schools of this state, which scholarships shall be in the amount of two hundred dollars each, the executive secretary of the board shall not be a person registered under this law. (2) The annual compensation or salaries of members or employees of the board shall be payable in twelve equal monthly installments. History.- 23, ch , 1935; CGL 1936 Supp. 4151(298); 10, ch , 1941; am. 15, ch , 1943; am. 12, 13, ch , 1947; 118, ch , 1951; am. 30, ch , cf Minor regulatory bbards to be financed by. fees collected 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 beautician and registered junior operator 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 , 1935; CGL 1936 Supp. 4151(299) Rules and regulations governing beauticians.-it is unlawful: (1) For any beautician or junior operator to knowingly continue the practice of beauty culture or for any stu.dent knowingly to continue as a student in any school of beauty culture, while such person has an infectious, contagious or communicable disease. (2) To own, manage, operate or control any beauty shop or beauty culture school unless continuously hot and cold running water be provided therein. (3) To own, manage, operate or control any

12 Ch. 477 FLORIDA BEAUTY CULTURE LAW beauty culture school or part or portion thereof whether connected therewith or in a separate building wherein the practice of beauty culture is engaged in or carried on unless all entrances to the place wherein the practice of beauty culture 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 beauty shop unless there is displayed a recognized sign indicating that it is a beauty shop, 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 the towel has been relaundered. (6) To fail to provide the head rest on each chair with a relaundered towel or a sheet of clean paper for each patron. (7) To use in the practice of beauty culture any styptic pencils, sponges, lump alum or powder puff or powder blenders. Possession of a styptic pencil, sponge, lump alum or powder puff in a beauty shop is prima facie evidence that the same is being used therein in the practice of beauty culture. (8) To fail to place around the patron's neck a strip of cotton, towel or neck band so that the hair cloth or shampoo capes do not come in contact with the neck or skin of the patron's body. (9) To use on any patron any violet ray electrodes, scissors, tweezers, manicure instruments, combs, hair brushes, rubber disc 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 of two per cent carbolic acid, or its equivalent, before each such use, excepting permanent waving equipment. (10) 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 state board of health. (11) Any member of said board or its agents or assistants may enter into and inspect any beauty shop or beauty culture school at any time during business days and hours. (12) Inspection rating sheets issued by the board shall show the sanitary rating of each beauty shop, and must be publicly displayed in a conspicuous location in such beauty shop. Hlatory ch , 1935; CGL 1936 Supp. 4161(300); am. 16, ch , Power of municipalities to regulate beauty culture.-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 beauty culture practice within its limits. Hlstory.- 26, ch , 1936; CGL 1936 Supp. 4161(301) 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 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. Hlstory.- 27, ch , 1936; CGL 1936 Supp. 4161(302) 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 punishable as a misdemeanor under the general law governing punishment of misdemeanors. Hlotory.- 19, ch , 1935; CGL 1936 Supp. 7476(4). cf , Punishment for misdemeanors Penalty for violation of chapter. Each of the following shall constitute a misdemeanor and shall be punishable, upon conviction, by imprisonment in county jail for not more than six months or by fine not exceeding five hundred dollars, or by both fine and imprisonment, in the discretion of the court: (1) The violation of any of the provisions of (2) Permitting any person in one's employ, supervision or control to practice as a beautician, manicurist and pedicurist or as a junior operator, 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 (7) The use of any room or place for beauty culture which is also used for residential or business purposes not connected with beauty culture (except the sale of hair tonics, lotions, creams, toilet articles and such commodities as are used and sold in beauty shops) unless a partition of ceiling height which has been approved in writing by the state board of beauty culture, or by its representative, separates the portion used for residential or business purposes from the room or portion used for beauty culture; 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 beauty shop, 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 beauty shop. (8) A violation of any of the provisions of and (9) The willful failure by any owner or?jnnager of a beauty shop or beauty school to

13 FLORIDA BEAUTY CULTURE LAW C,h. 477 display the copy of with rules and regulations as provided in (10) The refusal by any owner of a beauty shop or beauty culture school or by any employee in charge thereof, to permit the board or its representatives to inspect the beauty shop or beauty culture school during regular business hours, or any material interference by such owner or employees with the inspection of such shop 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 of this chapter, and approved by the state board of health. (13) The practicing or attempting to practice any branch of beauty culture other than the branch or branches covered by the certificate. (14) The failure of any beautician, junior operator, manicurist and pedicurist to display their health certificate. ( 15) The willful failure of any school of beauty culture to publicly display a certificate of registration which has been issued to it pursuant to law. Hlstory.- 18, ch , 1935; CGL 1936 Supp. 8135(15); 8, ch , 1941; 2, ch , 1941; am. 117, ch , c! , Alternative punishment Injunctions; when authorized.-the state board of beauty culture may institute legal proceedings to enjoin the violation of the provisions of this law upon the grounds set forth in subsections (1) and (2) of this section in any court of competent jurisdiction, and such court may grant a temporary or permanent injunction restraining the violation thereof, and closing any beauty shop failing to comply therewith, and no injunction bond shall be required of the state board of beauty culture in any such proceedings: (1) Upon any person, firm or corporation violating any of the provisions of , , , and (2) Any beauty shop with a rating of less than seventy-five per cent 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 beauty culture. Hlstory.- 18, ch

Ch. 479 OUTDOOR ADVERTISERS 479.01 Definitions. 479.02 Enforcement of provisions by state chairman. 479.03 Territory to which act applies; entries, examinations and surveys. 479.04 Licensed outdoor advertisers.

CHAPTER 479 OUTDOOR ADVERTISERS 479.01 Definitions.

writing, printing, picture, painting, display, emblem, drawing, sign, or similar device intended to invite or to draw the attention of the public to any goods, merchandise, property, real or

14 Ch. 479 OUTDOOR ADVERTISERS Definitions Enforcement of provisions by state chairman Territory to which act applies; entries, examinations and surveys Licensed outdoor advertisers Revocation of license; appeal Bond required from out of state licensee Individual device permits; fees Revocation of permit; appeal Identification Removal. CHAPTER 479 OUTDOOR ADVERTISERS Definitions.-The following terms, wherever used or referred to in this article, shall have the following meanings unless a different meaning clearly appears from the context: (1) "Advertisement" means any writing, printing, picture, painting, display, emblem, drawing, sign, or similar device intended to invite or to draw the attention of the public to any goods, merchandise, property, real or personal, business services, entertainment or amusement, manufactured, produced, bought, sold, conducted, furnished or dealt in by any person which is posted, painted, tacked, nailed or otherwise displayed outdoors on real property, and includes any part of an advertisement recognizable as such. (2) "Advertising structure" means any structure erected for advertising purposes, with or without any advertisement displayed thereon, situated upon or attached to real property outdoors, upon which any poster, bill, printing, painting, device or other advertisement of any kind whatsoever may be placed, posted, painted, tacked, nailed or otherwise fastened, affixed or displayed. (3) "Advertising sign" means any card, cloth, paper, metal painted or wooden sign or any character, posted, stuck, glued, tacked, painted or otherwise fastened or affixed to or upon any fence, post, tree, wall or thing other than an advertising structure. ( 4) "Business of outdoor advertising" means the business of constructing, erecting, operating, using, maintaining, leasing or selling outdoor advertising structures, or outdoor advertising signs or outdoor advertisements. (5) "Chairman" or "state chairman" means the chairman of the state road department; (6) "State" means the state of Florida; (7) "Highway" means every way or place of whatever nature open to the use of the public for purposes of vehicular travel in this state, outside of cities and incorporated towns; (8) "Person" includes an individual, partnership, association or corporation; (9) "Post" means post, display, print, paint, burn, nail, paste or otherwise attach; (10) "Real Property" includes any property physically attached or annexed to real property in any manner whatsoever; Certain outdoor advertising prohibited 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 state road department Penalties fot molesting licensed structures. (11) "Town" means an incorporated town or city; (12) "Adjacent" means in plain view. History.- 1, ch , Enforcement of provisions by state chairrnan.-it shall be the function and duty of the state chairman to administer and enforce the provisions of this chapter. He may, in the performance of his duties hereunder, assign to division engineers, and other employees in his department such duties as he may prescribe. Hlotory.- 2, ch , Territory to which act applies; entries, examinations and surveys.-the territory under the jurisdiction of the state chairman for the purpose of this chapter shall include all the state outside the corporate limits of any city or town. The state chairman and all employees under his direction, 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 adve!:tising signs or advertisements are displayed and make such examinations and surveys as may be relevant. Hloto17.- 3, ch , 1941; am. 7, ch , Licensed outdoor advertisers.- No person shall engage 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 state chairman ; and no person shall construct, erect, operate, use, maintain, lease or sell any neon, outdoor advertising structure or outdoor advertising sign or outdoor advertisement of any kind in this state outside the corporate limits of any city or town without first obtaining such license from the state chairman. The fee for such license, hereby imposed for revenue for the use of the state, shall be twentyfive dollars per annum for the operation in one county, and seventy-five dollars per annum for persons or corporations operating under this Act in two to eight counties, and two hundred dollars per annum for those operating in more than eight counties, payable in advance, and fifteen dollars per annum, payable annually in advance for the use of the county, in each and every county within the state in which licensee shall engage ol'

continue in the business of outdoor advertising as aforesaid. Applications for licenses, or renewal of licenses, shall be mad.e. on forms furnished by the state chairman and shall contain such pertinent information as the state chairman may require and shall be accompanied by the annual fee.

Application for the renewal of licenses shall be made not less than thirty days prior to the date of expiration.

15 continue in the business of outdoor advertising as aforesaid. Applications for licenses, or renewal of licenses, shall be mad.e. on forms furnished by the state chairman and shall contain such pertinent information as the state chairman may require and shall be accompanied by the annual fee. In order to conform with the schedule of other activities regulated by the state, all advertisement fees shall be payable October first of each year. They shall not be prorated. Application for the renewal of licenses shall be made not less than thirty days prior to the date of expiration. 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. Hlatory.- 4, ch , Am. 1, ch , OUTDOOR ADVERTISERS Ch Revocation of license; appeal.-the state chairman shall have authority, after thirty days notice in writing to the licensee, to revoke any license granted by him upon repayment of a proportionate part of the license fee, in any case where he 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 thirty days, correct such false or misleading information and comply with the provisions of this chapter. Any person whose license is so revoked may, within thirty days from the date of such revocation, appeal from the decision of the state chairman to the circuit court of the city or county in which the licensee resides by presenting to the court or to the judge thereof, after five days notice in writing.to the chairman, an affidavit made by the liceru!ee or by his duly authorized agent or attorney, setting forth the fact of such revocation and the same was without just cause. Hlstory.- 4, ch , Bond required from out of state licensee.-no such license as is provided for in 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 chairman a bond payable to the state, with surety approved by the chairman and in form approved by the attorney general, in the sum of two thousand five hundred dollars, 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. : Hlatory.- 6, ch , Individual device permits; fees. (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 advertising structure, outdoor advertising sign or outdoor advertisement, outside any incorporated city or town, without first obtaining a permit therefor from the chairman and paying the annual fee therefor, as herein provided. The chairman shall not issue such a permit to any person who has not obtained the license provided for in Those signs constructed, erected, operated, used or maintained by the owner or lessee of a place of business or residence, and relating solely to merchandise, services or entertainment sold, produced, manufactured, or furnished at such place of business or residence wherever found shall be exempt from the payment of the license tax provided by this chapter but subject to the provisions herein as to permits. (2) A separate application for a permit shall be made for each separate advertisement, advertising sign, or advertising structure, on a form furnished by the chairman, which application shall be signed by the applicant or his representative duly authorized in writing to act for him, and shall describe and set forth the size, shape and nature of the proposed advertisement, advertising sign or advertising structure, and its actual or proposed location with sufficient accuracy to insure its proper identification. Every annual renewal or application for advertising privilege shall be accompanied by a fee for each advertisement, advertising sign, or advertising structure, which fee shall be retained by the chairman if perll)it is issued, and shall be at the rate of two cents per sq. foot for the area of the face of said advertisement, advertising sign or advertising structure, with a minimum fee _of fifty cents for each such advertisement, advertising sign or advertising structure. If the per- mit is refused, the chai:r.man shall refund onehalf the fee to the applicant. Each application shall be accompanied by an affidavit of the applicant or his agent that the owner or other person in control or possession of the real property upon which such advertisement, advertising sign or advertising structure is to be constructed, erected, operated, used, maintained, posted or displayed has consented thereto. Application shall!je made in like manner for a permit to operate, use, maintain or display any existing advertisement, advertising sign or advertising structure. Permits issued hereunder shall expire on the first day of October of each year. A permit may be renewed if proper identification number is supplied accompanied by the same fee which was required for said permit. No fee may be prorated to accommodate short term publicity features. (3) If more than one side of an advertising structure is usea for advertising, a fee for each such side shall be required. Advertisement sculptured in the round shall be treated as using three sides. ( 4) The holder of a permit shall during the term thereof, have the right to change the ad-

C.h. 479 OUTDOOR ADVERTISERS vertising copy on the structure or sign for which it was issued without the payment of any additional fee. Hlstory.- 6, ch. 20446, 1941; am. 7, ch. 22868, 1945. 479.08 Revocation of permit; appeal.

07 upon repayment of a proportionate part of the fee in any case where it shall appear to the chairman that the application for the permit contains knowingly false or misleading information or that

16 C.h. 479 OUTDOOR ADVERTISERS vertising copy on the structure or sign for which it was issued without the payment of any additional fee. Hlstory.- 6, ch , 1941; am. 7, ch , Revocation of permit; appeal.- (1) The chairman may after thirty days notice in writing to the permittee, revoke any permit issued by him under upon repayment of a proportionate part of the fee in any case where it shall appear to the chairman 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 thirty 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 chairman 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 chairman 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 chairman or his representatives. (2) Any person aggrieved by any action of the chairman in refusing to grant or in revoking a permit under may, within thirty days from the date of such refusal or revocation, appeal from the decision of the chairman to the circuit court of the city or county in which the person resides by presenting to the court or the judge thereof in vacation, after five days notice in writing to the chairman, an affidavit made by such person or by his duly authorized agent or attorney, setting forth the fact of such refusal or revocation, as the case may be, and that the action of the chairman was without cause. Histocy.- 6, ch , 1941; am. 7, ch , Identification.-Every permit issued by the chairman shall be assigned a separate and permanent identification number, and it shall be the duty of each permittee to fasten to each advertising structure and to each advertising sign a marker showing the corr~sponding number assigned to such permit. Said marker shall be furnished by the chairman and shall be attached so that the same shall be plainly visible. The construction, erection, operation, use or maintenance of any outdoor advertising structure, advertising sign or advertisement, located more than one hundred feet from a place of business, without having affixed thereto such a marker 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 state road department. Hlatory.- 7, ch , 1941; am. 2, ch , Am. 2, ch , RemovaL-All outdoor advertisements, advertising signs and advertising structures shall be removed by the permittee within thirty days after the date of the expiration or revocation of the permit for the same. Any permittee failing to remove dny such advertisement, advertising sign or advertising structure within said thirty days shall be deemed guilty of a misdemeanor. Hlstory.- 8, ch , 1941; am. 7, ch , U Certain outdoor advertising prohibited.-no advertisement, advertising sign or advertising structure shall be constructed, erected, used, operated or maintained: (1) Within fifteen feet of the outside boundary of any federal or state highway or within one hundred 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) Which displays intermittent lights not embodied in an outdoor advertising sign, or any rotating or flashing light within one hundred feet of the state owned right of way. (3) 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; ( 4) 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. (5) No advertisement shall be nailed, fastened or affixed to any tree or upon any right of way of any state maintained road. History.- 9, ch , Am. 3, ch , 1951 ; {2) R by 1, ch , 1956; {2) N by 1, ch Outdoor advertising on highways.- Any person who wilfully or maliciously displaces, removes, destroys or injures a mile-board, milestone, danger-sign, signal, guide-sign, guide-post, 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 and shall be punished accordingly. Hlstory.- 10, ch , Written permission of owner required.-n o 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

17 the property on which such structure or sign is located. HIBtor7.- ll, ch. 2044S, Disposition of fees.-aii moneys received by the chairman under the provisions of this chapter shall be paid by him into the state treasury, and allocated to the state road department for use, in the administration of this chapter and in the construction and maintenance of roads. Hlstory.- 12, ch , Harmony of regulations.-n o 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 chairman permit any advertisement or advertising structure which is prohibited by any other pub. lie board, officer or agency in the lawful exercise of its or their powers. History.- 13, ch , Certain advertisements excepted. The following advertisements, advertising signs and the advertising structures, or parts thereof,!lpon which they are posted or displayed, are excepted from all the provisions of this chapter except those contained in sub-sections (2), (3) and (4) of (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 one hundred feet from such place of business 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 (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 chairman; or forest fire warning signs erected under OUTDOOR ADVERTISERS Ch authority of the state conservation department 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 chairman; (9) Advertisements, advertising signs and advertising structures not visible from any highway or other public place; (10) Signs or notices containing two 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; (13) Historical markers erected by duly constituted and authorized public authorities; (14) Highway markers and signs erected or caused to be erected by the state chairman or the state road 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. HlstorT.- 14, ch , Am. 4, ch , 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 state chairman or his representatives, and for that purpose they 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 one hundred dollars or more bears thereon the name of the owner thereof, and said owner holds an unexpired license issued under the said owner shall be given written notice of the alleged violation, and shall have thirty 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. Hlstory.- 15, ch , Penalties.-Any person, violating any provision of this chapter whether as principal, agent or employee, for which violation no other penalty is prescribed, shall be guilty of a misdemeanor and upon conviction thereof. shall be

Ch. 479 OUTDOOR ADVERTISERS punished by a fine of not less than ten dollars nor more than three hundred dollars; and such person shall be deemed guilty of a separate offense for each month during any

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

goods or services are adverti~ed thereon. Hlstory.- 16, ch. 20446, 1941. 479.19 Application of chapter.

- 14A, ch. 20446, 1941.. 479.20 Duty of state road department.-the maintenance division of the state road department shall enforce this law. Hlstory.- 21, ch. 20446, 1941. 4 79.

18 Ch. 479 OUTDOOR ADVERTISERS punished by a fine of not less than ten dollars nor more than three hundred dollars; and such person shall be deemed 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 authoritv of the person whose goods or services are adverti~ed thereon. Hlstory.- 16, ch , 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. Hlatory.- 14A, ch , Duty of state road department.-the maintenance division of the state road department shall enforce this law. Hlstory.- 21, ch , Penalties for molesting licensed structtues.-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 owner 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 ten dollars nor more than three hundred dollars, or by imprisonment for not more than thirty days, or by both such fine and imprisonment. Hlator;y.-- 1, ch ,

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 examiners; terms. 480.05 Removal of members of board; officers; meetings.

480.10 Sanitary requirements. 480.11 Revocation of certificates and licenses; preferment of charges. 480.12 Form of accusation; notice, etc. 480.01 Definitions.- (!) MASSEUR AND MASSEUSE.

treatments, viz: who administers or teaches treatments with any mechanical or electrical apparatus for the purpose of body slenderizing, body reducing or body contouring.

19 MASSEURS AND MASSEUSES Ch. 480 CHAPTER 480 MASSEURS AND MASSEUSES Definitions Masseurs and masseuses to be registered Exemptions Board of massage examiners; terms Removal of members of board; officers; meetings Requisites for examination; subjects; minimum passing grade; fees Fees for certificates of registration Certificate of registration; recording; display; renewal Massage schools Sanitary requirements Revocation of certificates and licenses; preferment of charges Form of accusation; notice, etc 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 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 steam rooms, 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, pettrasage, 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 ESTABLlSHMENT.-The term "massage establishment" as used in this chapter shall be construed and deemed to mean any shop, establishment or place of business wherein all or any one or more of the named subjects and methods of treatments, as defined in subsection (1) of this section, are administered or practiced. (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 trea-tments defined in subsection (1) of this section. (4) MASSAGE.-For the purpose of this 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 Power to revoke, suspend or annul certificates and licenses; review; reissuance of certificates and licenses Records to be kept by secretary-treasurer of board Compensation of board members; employment of counsel, inspectors, clerks and assistants Disposition of money received by board Powers of municipalities to regulate massage Other laws unaffected by this chapter Penalty for violation Short title. (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.- 2, ch , 1943; am. 1, ch , Sub. (1), (4), am. 1, ch , 1955; (1) (b) by 24, ch Masseurs and masseuses to be regis tered.- (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 (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 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 and signed by the board of massage examiners. ( 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 issu111d to such apprentices

Ch. 480 MASSEURS AND MASSEUSES for a period or periods not exceeding, in the aggregate, more than two hundred and seventy working days of service in a properly licensed massage establishment or

22034, 1943; subsection (1), am. 2, ch. 23751; subsection (3), am. 3, ch. 23751; subsection (5), 4, ch. 23751, 1947 ; sub. (3) am. 2, ch. 29971, 1955. 480.03 Exemptions.

20 Ch. 480 MASSEURS AND MASSEUSES for a period or periods not exceeding, in the aggregate, more than two hundred and seventy working days of service in a properly licensed massage establishment or school. (5) Not more than one apprentice shall be employed by any massage establishment employing full time from one or more registered or masseuses. mass~mrs Hiatory.- 3, ch , 1943; subsection (1), am. 2, ch ; subsection (3), am. 3, ch ; subsection (5), 4, ch , 1947 ; sub. (3) am. 2, ch , 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 chiropody, 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) Beauticians duly licensed under the laws of this state. Hlator;y.- 4, ch , Board of massage examiners; terms. -For the purpose of carrying out the provisions of this chapter the governor shall appoint a board to be known as the Floridll. board of massage, to consist of three 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 members of the first board appointed under this chapter shall be appointed for terms of one, two and three years respectively, and shall hold office until their successors are appointed and qualified. Successors of said members shall be appointed for terms of three years. Hlstory.-15, ch , 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 of examiners, or his or her 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 secretary-treasurer. The secretary-treasurer shall give to the governor of the state a penal bond in the sum of one thous and dollars with sufficient sureties to be ap -proved by the governor for the faithful dis- -charge of his duties. The board of massage shall hold at least one examination each year, and may hold other examinations, from time 1920 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. Hlltory.- 6, ch , Requisites for examination; sub. jects; minimum passing grade; fees.- (1) Any person who shall furnish to the Florida board of massage satisfactory proof that he or she is eighteen years of age, or more, a bona fide citizen of the United States, and a bona fide resident of Florida for at least six months immediately preceding his or her application to take the examination, and 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, 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 Wasserman 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 thirty 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 physiology, oil rubs, salt glows, hot or cold packs, all kind of baths including steam rooms, cabinet 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, pettrasage, 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, masseuse, or for a massage school. Minimum requirements for certificate of registration and licenses shall be a general average in the said examination of seventy-five per cent in all subjects involved, and not less than fifty per cent in any one subject. (2) Any applicant failing to pass said requirements shall be entitled, within six months, to a re-examination, upon the payment of an additional fee of ten dollars, but two such re-

21 examinations 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 state board of health at Jacksonville, within thirty 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 subject to the penalties provided for in Hlstor;r.- 7, ch , 1943; am. 6, ch , Sub. (1), am. 4, ch , 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 subsection (1) of , and excepting a massage school shall be thirty-five dollars and as an apprentice as classified in subsection ( 4) of the sum of twenty-five dollars. (2) FEES.-The fee to be paid by an applicant for a certificate of registration for a massage school shall be one hundred and fifty dollars. (3) RENEWALS OF CERTIFICATES. The fee to be paid by a masseur or masseuse for the renewal of a certificate shall be seven dollars and fifty cents for each such renewal, and for the renewal of a certificate for a massage school the fee shall be fifteen dollars for each renewal. Certificates issued to junior masseurs and junior masseuses shall not be subject to renewal. Hlstor;r.- 8, ~ ch , 1943; am. 6, ch , cf Dispensing with examination for veterans. MASSEURS AND MASSEUSES Ch 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 wit:1in thirty days of the issuance of such certificate. Annually, on or before the first day of January of each year, each and every registered masseur, masseuse or massage school shall pay to the secretary-treasurer 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 thirty days, by a regularly practicing physician, and declaring the applicant for renewal to be free from any contagious. infectious or communicable disease. The holder of an expired rertificate of registration may, within one year from date of expiration thereof, have the certificate renewed upon payment of the required renewal fee, and production of new certificate of physical examination as above provided for. Every renewal certificate shall be reghstered with the state board of health and displayed in connection with the original certificate. All certificate holders shall bp. designated as certified masseurs or masseuses, and shall not use any title or abbreviation thereof without the designation "masseur" or "masseuse." Hlstory.- 9, ch , Massage schools.-n o massage school shall be approved by the board, or granted a certificate of registration, until it shall have paid the registration fee hereinabove provided for, and shall have attached to its staff a regularly licensed physician, and shall employ and maintain one or more competent registered physical therapists as instructors, nor unless it shall have a minimum requirement of a continuous course of study and training, of not less than six hundred hours, distributed over a term of not less than six months, and to consist of: 100 hours of physiology 100 hours of anatomy 100 hours of massage 200 hours of hydro-therapy 100 hours of hygiene and practical demonstration and which course of study and training shall have been approved by the board of massage. Hlstor;r.- 10, ch , 1943; am. 7, ch , , ch , 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 head rest 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 tal;>les, from twenty inches to twenty-five inches in width, twenty-four inches to twentyseven inches in height, and sixty inches to seventy inches in length. (6) To give cabinet baths, unless such school or establishment shall be equipped with shower baths. Hlstor;r.- 11, ch , Revocation of certificates and licenses; preferment of charges.- ( I) The certificate of registration and li-

Ch. 480 MASSEURS AND MASSEUSES cense 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

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

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,

or permitting any unlicensed person to perform any work in his or her establishment or massage school; (g) That the registrant is a person of immoral character;.

(j) Any registrant who does not renew his or her registration license for two consecutive years must take the examination as prescribed for an applicant to become a registered operator and to comply

(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.

Such accusation shall be in writing, signed by the accuser and verified under oath. History.- 12, ch. 22034, 1943; subsection (I), (j) ; 8, ch. 23751, 1947. 1922 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

any, why his or her certificate and license to practice massage in the state should not be revoked, suspended or annulled.

22 Ch. 480 MASSEURS AND MASSEUSES cense 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 incompetent, or guilty of willful negligence in the practice of massage, or has been guilty of employing, allowing or permitting any unlicensed person to perform any work in his or her 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 two 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. (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.- 12, ch , 1943; subsection (I), (j) ; 8, ch , Form of accusation; notice, etc. Whenever such accusations as provided for in 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 ten 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 (m&sseur or masseuse) 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 ol o'clock M., in Florida, for a hearing on such charges, at which time and place you are hereby notified to appear before said board, and show cause, if any you can, why your certificate and license to practice massage in the State CJf Florida should not be (revoked, suspended or annulled) 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 Secretary-Treasurer of Florida Board of Massage. Such notice shall be sent to the accused by registered mail, directed to his last known mailing address, and the post-office registration receipt thereof, or the post-office registration receipt signed by the accused, or his agent, shall be prima facie evidence of the service of said notice. Hlstory.- 13, ch , Power to revoke, suspend or annul certificates and licenses; review; reissuance of certificates and licenses.- (!) The Florida board of massage may, upon satisfactory proof made that any certificate holder and licensee has been guilty of any of the charges preferred against him, revoke, suspend or annul any certificate and license to do business issued thereunder, upon a two-thirds majority vote of the board; provided, however, that such accused person may have the proceedings of said board reviewed by certiorari to the circuit court of the circuit in which said certificate is recorded. Said writ shall issue upon the petition of the person whose certificate and license has been revoked, suspended or annulled at any time within ninety days after such revocation, suspension or annulment. The accused shall have

23 the right to demand a trial de novo before the circuit court, and thereafter the court shall hear and determine the guilt or innocence of the accused according to the evidence and law applicable to the facts which shall be produced before him, and unless the guilt of the accused shall appear beyond a reasonable doubt, the court shall render the decision in favor of the accused, and restore him or her to all rights to practice under this chapter. Appeals from any decision of the circuit court may be taken to the supreme court of Florida in the same manner, and subject to like conditions as appeals in chancery are taken. In the event that any such certificate and license shall be 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 accuse~ is registered as a masseur or masseuse, a certificate under its seal, certifying that such registration has been revoked, suspended or annulled, as the case may be, and such clerk shall, upon receipt 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 annulled, shall be deemed to have practiced massage without a certificate and license. However, at any time after six months from the date of said conviction, said board may, in the exercise of its reasonable discretion, by a majority vote, issue a new certificate to the person affected, restoring or conferring all of the rights and privileges of and pertaining to the practice of massage, but the fee shall be the same as upon the issuance of the original certificate. Hlstory.- 14, ch , cf Fees for registration of masseurs 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 certificates 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 certificate that there is not entered therein the name and certificate number of, or date of granting, such certificate to a person charged with a violation of any of the provisions 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 secretary-trgasurer of said board, which office shall be at such place as may be designated by the board. The secretary-treasurer shall furnish to any person making application therefor, certified by him as secretarytreasurer, upon payment of a fee of twenty-five MASSEURS AND MASSEUSES Ch. 480 cents per hundred words so copied, the fee to belong to the secretary-treasurer. Hlotory.- 15, ch , Compensation of board members; employment of counsel, inspectors, clerks and assistants.- ( I) The secretary-treasurer of the board shall receive two hundred dollars per month to be paid monthly. Members of the board shall receive ten dollars per day, or any part of a day, while attending official board meetings, not to exceed twelve meetings per year, and shall receive per diem and mileage as provided in , from place of their residence to place of meeting and return. All salaries and expenses shall be paid from the fund created by the various fees collected by the board in the administration of this chapter. The board shall make an annual report to the governor, which shall contain a full statement of the work 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 chapter; subject, however, to the limitation that the number of clerks and other assistants shall at no time exceed a total of ten, and that the number of inspectors shall at no time exceed eight, two of whom may he inspectors of colored establishments and schools, and subject to the further limitation that no employee of the board shall be related by blood or marriage to any member of said board. Hlstory.- 16, ch , 1943; 9, ch , 1947; sub. (ll am. 31, ch , Disposition of money received by board.-all moneys received by the board under this chapter shall be paid to the secretarytreasurer, who shall give a receipt for same, and shall, at the end of each month, report to the state comptroller the total amount of money received on behalf of the board from all sources, and shall at the same time deposit with the state treasurer the entire amount of such receipts, and the state treasurer shall place the money so received in the state agencies fund. There shall be appropriated sufficient funds for all necessary and proper expenses in carrying out the provisions of this chapter and same shall be paid upon proper claim or requisition approved by said board, or a finance committee thereof. Hlstory.- 17, ch , 1943 ; 119, ch , 1951; am. 32, 1923 ch , cf Minor regulatory boards to be financed by fees collected 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 Jaws and regulations governing the practice of massage within its limits. Hlstory.- 18, ch , 1943.

24 Ch. 480 MASSEURS AND MASSEUSES Other laws unaffected by this chapter.-n othing 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 chiropodists), 462 (relating to naturopaths), 463 (relating to optometrists), 464 (relating to nurses), 476 (relating to barbers) and 477 (relating to beauticians), 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. Hlstory.- 19, ch , Penalty for violation.-any person who shall violate any of the provisions of this chapter shall, upon conviction, be punishable by imprisonment in the county jail for not more than six months, or by a fine not exceeding five hundred dollars, or by both fine.and imprisonment in the discretion of the court. History.- 21, ch , Short title.-this chapter may be referred to and cited as the massage regi~tration law of Hlstory.- 1, ch , J924

25 Short title. Definitions. Enforcement and supervision. Rules and regulations. Inspectors. Registration, license, and fees. Structural pest control board; qualifications; terms. Certificate. Qualifications for certificate. Examinations; limited certificate. Examination, registration and reregistration fees; financial report. Revocation, suspension of certificate or license Short title.-this act shall be known by the title of structural pest control act of History.- 1, ch , Am. 11, ch , Definitions.-For the purpose of the chapter, the following terms, when used in the chapter or the rules and regulations, or orders made pursuant thereto, shall be construed, respectively to mean : (1) STRUCTURAL PEST CONTROL.-The identification of the infestations or infections, the making of inspections, and the use of pesticides including insecticides, repellents, rodenticides and fumigants, as well as all other substances or mechanical devices under whatever name known, for the purpose of preventing, controlling, and eradicating insects, vermin, rodents, and other pests in household structures; commercial buildings; vacant structures; other structures or products therein; and places where people may assemble or congregate, such as hospitals, schools, churches, etc.; as well as all phases of commercial fumigation, including treatment of products by vacuum fumigation, and the fumigation of box cars, trucks, ships, airplanes, docks, warehouses, and common carriers. (2) BOARD.-Board refers to the structural pest control board consisting of five members. (3) LICENSEES.-Refers to the business establishment or business entity whether it be an individual, firm, partnership, corporation, or any organization or any combination thereof engaged in the business of structural pest control. Each business establishment at its address of doing business is to be in charge of a person having the status of a certified pestcontrol operator, also referred to as owneroperator, or branch manager. (4) APPLICANT.-Is the business entity represented by a person whether said business is an individual, firm, partnership, corporation, association, or any other organization or &ny combination thereof, making application for a license to engage in structural pest control. (5) CERTIFIED PEST CONTROL OPER ATOR.-An individual who has the qualifications as listed in this chapter, and has passed an STRUCTURAL PEST CONTROL Ch. 482 CHAPTER 482 STRUCTURAL PEST CONTROL Advertisement by unlicensed operators prohibited Applicability of law Penalty for violation Appeal Fogging machines; certificates of authorization; board of health Unlawful to operate without certificate of authorization Board of health to investigate applicant Board of health to approve formulas Financial responsibility established Fees Penalties. examination given by the structural pest control board. (6) FUMIGANTS.-Means any substance which by itself or in combination with any other substance emits or liberates a gas or gases, fumes or vapors, when liberated and used will destroy vermin, rodents, insects and other pests; but are usually lethal, poisonous, noxious, or dangerous to human life. (7) INSECTICIDES.-Are substances, not fumigants, under whatever name known used for the destruction or control of insects and similar pests. (8) RODENTICIDES.-Are substances, not fumigants, under whatever name known, whether poisonous or otherwise, used for the destruction or control of rodents. (9) REPELLENTS.-Are substances, not fumigants, under whatever name known which may be toxic to insects and related pests, but are generally employed because of capacity for preventing the entrance or attack of pests. History.- 2, ch , 1947; 11, ch , 1949; sub. (3), am. 1, ch , Enforcement and supervision.-the enforcement of each and every one of the sever al provisions of this law which governs and regulates the practice of structural pest control and commercial fumigation and the operation and management of such establishments in this state shall be vested in and under the direct and immediate supervision of the state board of health. The state board of health shall issue business licenses to individuals, firms, partnerships, corporations or associations, or any combination thereof engaged in the business of structural pest control; provided, however, that the state board of health shall not issue a business license to such organization which has its principal place of business outside of the state unless the same shall have a business location within the state. IDstory.- 3, ch , 1947; 2, ch , Rules and regulations.-the state board of health is hereby authorized and empowered to make such rules and regulations with respect to the conduct of such business as may be necessary to carry out the intent and purpose of this chapter. The state board of health shall use the structural pest contr.ol

Ch. 482 STRUCTURAL PEST CONTROL board in an advisory capacity in the formulation of rules and regulations; and such rules and regulations shall not be effective until or unless a public hearing shall

-the state board of health, in order to enforce the provisions of this chapter, shall be and it is hereby authorized and empowered to appoint one, or more, entomologists, who shall have graduated

inspectors of the state board of health, and said inspectors shall be under the jurisdiction and immediate supervision and control of the state board of health, at and for a yearly salary, or

representatives of the state board of health, county health units, or city boards of health, regular and periodical unannounced inspections of all individuals, firms, partnerships, corporations,

structural pest control inspectors of the state to promptly and diligently report to the state board of health and to the Florida structural pest control board all violations of the provisions of

26 Ch. 482 STRUCTURAL PEST CONTROL board in an advisory capacity in the formulation of rules and regulations; and such rules and regulations shall not be effective until or unless a public hearing shall have been granted and notification of such hearing shall have been made by mail to all licensees at their last known address. History.- 4, ch , 1947; 3, ch , lnspectors.-the state board of health, in order to enforce the provisions of this chapter, shall be and it is hereby authorized and empowered to appoint one, or more, entomologists, who shall have graduated from a recognized college or university, who are also certified pest control operators in all phases of structural pest control, and said entomologists shall be known as structural pest control inspectors of the state board of health, and said inspectors shall be under the jurisdiction and immediate supervision and control of the state board of health, at and for a yearly salary, or salaries to be fixed by the state board of health, whose duty it shall be to see to the strict and proper compliance with the provisions of this chapter by making or having made by qualified representatives of the state board of health, county health units, or city boards of health, regular and periodical unannounced inspections of all individuals, firms, partnerships, corporations, associations, or any other organizations or any combination thereof, engaged in the business of structural pest control or commercial fumigation in the state, and it shall be the further duty of the structural pest control inspectors of the state to promptly and diligently report to the state board of health and to the Florida structural pest control board all violations of the provisions of this chapter or of any other law now or hereafter enacted regulating and governing the practice of structural pest control and commercial fumigation, and the operation of a structural pest control or commercial fumigation business in the state. History.- 5, ch , 1947; 4, ch , Registration, license, and fees.-upon entering business and not later than on the first day of July in each and every year commencing with the first day of July, 1955, any individual, firm, partnership, corporation, association, or any other organization or any combination thereof engaged in structural pest control or commercial fumigation in the state, shall annually register its said business with the state board of health, on a printed or typewritten form, or forms, showing the name of the firm to be registered; the name and address of the owners, and the manager thereof, if there be one; and the name of all certified structural pest control operators. A license fee of twenty-five dollars shall be charged by and paid to the state board of health by the owner, or owners, and proprietor of such structural pest control firm upon each annual registration, and one dollar for the license fee of each employee who is assigned by the pest control 1926 firm to perform structural pest control, commercial fumigation, and solicit business. The certified operator in charge of the business establishment shall obtain for each employee who shall be assigned to perform structural pest control, commercial fumigation, or solicit business, an identification card upon which he shall cause the employee to place his or her picture. Said identification card shall be carried on his or her person at all times when performing work or soliciting business, and said identification card shall be presented on demand to the person or persons for whom such work is being performed, or from whom business is being solicited. All fees collected under this chapter by the state board of health shall be deposited in the general revenue fund, and shall be used in carrying out the provisions of this chapter and the rules and regulations appertaining thereto. History.- 6, ch , 1947; 5, ch , Structural pest control board; qualifications; terms.-there is hereby created a structural pest control board. The personnel of the board shall be selected by the governor. It shall consist of five members, all of whom shall be, and shall have been for a period of not less than five years preceding the date of their appointment, certified pest control operators licensed under this chapter actively engaged in the business of pest control, and who are residents of this state, each member not to serve more than three consecutive years or until their successors have been appointed and qualified. If a vacancy occurs in the said board, another member shall be appointed as aforesaid to fill the unexpired term thereof. Nothing herein shall be construed to change the terms of the members presently serving on said board, but in the event of a vacancy or termination of the term of any of the present members, another appointment shall be made in compliance with this section. Said board shall have the power to make by-laws and all necessary regulations, and to create auxiliary boards, if necessary, for the proper fulfillment of their duties under this law, without expense to the state; provided however, said rules and regulations shall not be effective until or unless a public hearing shall have been granted and notification of such hearing shall have been made by mail to all licensees at their last known address. Members of the said board shall be paid a salary of ten dollars per day for every day while the board is meeting or for each day while actively engaged in the business of the said board. History.- 7, ch , 1947; 6, ch , Certificate.-It shall be unlawful for any person whether as an individual, firm, partnership, corporation, association, organization or any combination thereof to engage in structural pest control or commercial fumigation as outlined in ~ unless he has complied with the provisions of this chapter. Each

business location as defined under the terms of the chapter, is required to acquire and shall display conspicuously, a business license issued by the state board of health together with the

In cases of emergency or death of the certified operator, the board is empowered to grant temporary or emergency relief for a period of ninety days for a business establishment to continue.

27 business location as defined under the terms of the chapter, is required to acquire and shall display conspicuously, a business license issued by the state board of health together with the certificate of the certified pest control operator in charge of such business location. Certificates issued by the board are nontransferable. In cases of emergency or death of the certified operator, the board is empowered to grant temporary or emergency relief for a period of ninety days for a business establishment to continue. The board may extend such period and grant a further emergency relief in its sound discretion for additional periods of ninety days not to exceed, however, one year in total. Hiotory.- 8, ch , 1947; 7, ch , Qualifications for certificate.-an individual seeking certification must present satisfactory evidence to the board concerning his qualifications for such certificate. The basic qualifications follow: (1) One year as owner and operator in structural pest control; or (2) Three years as a service employee of a structural pest-control operator; or (3) Three years of specialized training as an employee of a federal, state, county, municipal or private agency in the phase or phases of structural pest control in which the applicant wishes to be certified; or ( 4) A degree from a recognized college or university with advanced training or major in entomology, including twelve months practical experience in structural pest control work under proper supervision. One or two years entomological training including practical experience in specialized pest control and fumigation under university or college supervision may be substituted for practical experience as owner-operator or employee of structural pest-control operators. Each year of such training may be substituted for onehalf year of experience. (5) All applicants must have knowledge of practical and scientific facts underlying the practice of structural pest control. Hiotory,- 9, ch , 1947; 8~ ch , Examinations; limited certifi.cate. All individuals seeking certification are required to pass a satisfactory examination which may be written, oral, or both. Such examinations to be given at the discretion of the board based upon the number of applications received. A minimum of two examinations will be held annually. The examination will cover all phases of structural pest control and commercial fumigation. The board may, after careful study, issue a limited certificate for a specific type of structural pest control, such as fumigating operations, termite control, rat control, and others. All provisions of the structural pest control act will apply in such cases except that operations are confined to the specific limitations granted such persons. Ulotnr,..- 10, ch. 24: cf Dispensing with examination for veterans. STRUCTURAL PEST CONTROL Ch Examination, registration and reregistration fees; financial report.-the structural pest-control board shall be entitled to collect from each person who makes application to take the examination to become a certified pest control operator the sum of twentyfive dollars, plus an additional ten dollars for each category or phase of structural pest control in which the applicant desires to be examined. Said sum shall be in full for all services in connection with the examination, and in case the examination of any person shall prove defective and unsatisfactory, and his or her name not certified, he or she shall be permitted to present himself or herself again for examination at the next ensuing examination, and a charge of ten dollars shall be made for each category or phase in which the applicant desires to be examined at that time. In case the second examination as hereinbefore provided shall prove to be defective and unsatisfactory, and the applicant again not certified, the applicant may present himself again for examination at any ensuing examination and the structural pest control board shall be entitled to collect from such person the same fees as were collected upon the original examination. Every person certified who desires to continue the practice of structural pest control or commercial fumigation in the state as a certified pest control operator, shall annually thereafter, during the time he or she shall continue such practice, pay to the secretary of said board of structural pest control, a registration fee, to be fixed by said board, but which in no case shall exceed the sum of ten dollars, for which he or she shall receive a renewal of the said certification for one year. It shall be the duty of every person certified upon changing his or her business status, or place of business from one town to another forthwith to notify the secretary of the said structural pest control board of such change in location. It shall also be the duty of every person certified to notify, by letter, said secretary by the twentieth day of June of each year whether he or she will continue to practice at his or her registered place of business, enclosing the required fee. The secretary of the board shall notify by letter, mailed to their addresses as appearing on his books, every person certified, who shall not have notified him as herein provided, that renewal of certification is required, and in case an answer enclosing the necessary fee is not received by the secretary within sixty days after the date of such notice, such name shall be stricken from the register, and such person shall no longer be known or considered as a certified structural pest control operator under the laws of the state or entitled to practice as such; provided that such person shall have the right to have his or her name rec&tified upon payment to said board of structural pest control a fee of ten dollars within twelve months from the date his or her name is so stricken. If such application is not made within twelve months

28 Ch. 482 STRUCTURAL PEST CONTROL from such date then he or she will be required to proceed as in the case of orginal certification; provided that actual retirement from the profession of any certified pest-control operator for a period not exceeding five years shall not deprive such person of the right to renew his or her certification upon the payment of all lapsed fees. All moneys collected under this chapter shall be deposited in the state treasury to the credit of the general revenue fund. The secretary of the board shall annually present to the governor of the state and to the Florida pest control association, a report, audited by a certified public accountant, which shall include an itemized statement of receipts and expenditures, the name and address of each man certified during the year and a list of the names and addresses of all structural pest control operators from whom recertification fees were received for the year. Bistory.- 11, ch , 1947; 120, ch , 1951; 9, ch , 1955; 24, ch l Revocation, suspension of certificate or license.- (!) When any licensee or certificate-holder has violated any of the provisions of this chapter or any of the rules or regulations promulgated by the structural pest control board or the state board of health appertaining to the enforcement of this chapter, any license or certificate may be declared revoked or suspended by a majority vote of the Florida structural pest control board after reasonable notice and hearing. Before suspending or revoking any license or certificate, the board shall give notice to the licensee or certificate-holder by registered mail at the last known address of such licensee or certificate holder. Such notice shall advise the licensee or certificate holder: (a) The charge placed against him. (b) The time of place of such hearing. (c) That he may represent himself in person or by counsel. (d) That his failure to appear will result in the suspension or revocation of his license or certificate. (2) After the service of such notice the structural pest control board shall hold a public hearing at the time and place named in said notice at which hearing the licensee or certificate-holder may appear and defend against charges as set forth in the aforesaid notice. Some actions which are grounds for revocation or suspension of licenses or certificates include, but are not limited to, the following: (a) Misrepresentations for the purpose of defrauding. (b) Deceiving or defrauding. (c) The making of a false statement with knowledge of its falsity for the purpose of inducing others to act thereon to their damage. (d) To use methods or materials which are not suitable for the purposes contracted for. (e) Failure of a licensee or certificateholder to give to the state board of health or structural pest-control board or their authorized representative on request, true information regarding methods and materials used, work performed, or other information essential to the administration of this chapter. (f) Failure of the licensee or certificateholder to comply with the requirements of this law or failure to pay the required fees. (g) Any misrepresentation in the application for a license or certificate. (h) The conviction in any of the courts of this state of a violation of the structural pestcontrol law by a licensee or certificate-holder. (i) A licensee or certificate-holder knowingly permitting those under his supervision to violate this law or the rules and regulations appertaining thereto. (j) Habitual drunkenness. (k) Conviction in any of the courts of this state or any other state by licensee or certificate-holder of a felony. Bistory.- 13, ch. 2436~. 1947; 11, ch , 1949; 10, ch , Advertisement by unlicensed operators prohibited.-it shall be unlawful for any person, firm, corporation, partnership or combination thereof, to advertise in any magazine, newspaper, periodical or in any other manner, that said person, firm, corporation, partnership or combination thereof, is engaged in the business of structural pest control in any of these phases, unless it has first been licensed or certified under this law. History.-Comp. 11, ch Applicability of law.-this law or rules and regulations appertaining thereto shall not apply to such work performed by either state, federal, city or county governmental agencies, or their employees while officially engaged; or authorized representatives of any endowed, state or education agency engaged in research pertaining to pest control; or to the measures of control used in greenhouses, or on horticultural plants or agricultural crops; or pest control work performed by persons upon property which they own, lease, or rent, except that fumigation operations must only be performed by licensee as defined in Any persons, performing pest-control work on property which they own, lease, or rent, shall employ all necessary equipment and materials in a manner that will avoid undue hazards to public health and safety, and said persons will not be entitled to perform structural pest control or eommercial fumigation work on any other property, except in accordance with the provisions of this chapter or the rules and regulations appertaining thereto; provided, however, that the exemption contemplated shall not apply to building contractors engaged in the business of constructing buildings for res;:tle. Bistory.- 14, ch , 1947; 12, ch , 1955.

29 STRUCTURAL PEST CONTROL Ch Penalty for violation.-any person violating any of the provisions of this chapter or the rules and regulations promulgated by the state board of health, pertaining to the enforcement of this chapter shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than five hundred dollars or be imprisoned at the discretion of the court having jurisdiction. History.- 15, ch , AppeaL-Anyone penalized by the state board of health or the structural pestcontrol board under the provisions of this chapter, have the right of appeal to the circuit court where the offense occurs. History.- 16, ch , 1947; 13, ch , Fogging machines; certificates of authorization; board of health.- (1) The state board of health is hereby authorized and empowered to issue certificates of authorization to persons desiring to engage commercially in structural pest control and elimination of common household pests such as flies, mosquitoes, roaches, water bugs, ants, bed bugs, etc., by the use of thermal-aerosol fogging machines authorizing and permitting the holder of such certificate to engage commercially in structural pest control and elimination of such common household pests by the use of such machines. (2) The state board of health is hereby authorized and empowered to make such rules and regulations for the carrying out of the purpose of as may be necessary; provided however, the board of health shall make no rule or regulation requiring applicant to show evidence of completion of formal educational requirements. History.-Comp. 1, 6, ch , Unlawful to operate without certificate of authorization.-it shall be unlawful for any person, whether as an individual, firm, partnership, corporation, association, organization, or combination thereof, to engage commercially in structural pest control and extermination of common household pests by the use of thermal-aerosol fogging machines unless said person is the holder of a certificate of authorization issued by the state board of health as provided by subsection (1) of , or unless said person is so authorized by some other provision of the laws of the state. History.-Comp. 2, ch , Board of health to investigate applicant.-the certificates of authorization provided for in subsection (1) of shall be issued by the state board of health only after investigation by the state board of health 'revealing. that the applicant is qualified to operate a thermal-aerosol fogging machine, and after the applicant has proven to the state board of health that the applicant is sufficiemtly trained and qualified to engage commercially in eradication of common household pests by the use of thermal-aerosol fogging machines. History.-Comp. 3, ch , Board of health to approve formulas.-certificates of authorization provided for in subsection (1) of shall authorize the holders thereof to use only formulas or substances which have been duly approved by the state board of health and the directions for the use thereof have been duly approved by the state board of health; and which substance or formula when used according to directions are not lethal, poisonous, or dangerous to human life; and lbe state board of health is hereby authorized and empowered to approve or disapprove formulas and substances and the directions for the use thereof in the interest of public health; and the certificate of authorization provided for in subsection (1) of shall not authorize or permit the holder thereof to engage in termite control and extermination or rat control and extermination. History.-Comp. 4, ch , Financial responsibility established...:..holders of certificates of authorization provided for in subsection (1) of shall, before engaging in operations thereunder, first procure insurance or prove financial responsibility to the state treasurer to the extent of one thousand dollars to any one individual and five thousand dollars to all persons damaged, for either personal injury or property damage from said operations. Hlstor;y.-Comp. 5, ch , Fees.-Every applicant for a certificate of authorization shall pay to the state board of health the sum of twenty-five dollars on or before the issuance of said certificate of authorization, and shall pay to the state board of health an annual renewal fee of five dollars; and said sums so collected shall be deposited with the state treasurer as general revenue for the state. Hlstory.-Comp. 7, ch , Penalties.-Any person violating any of the provisions of or the rules and regulations promulgated by the state board of health hereunder shall be deemed guilty of a misdemeanor, and upon conviction thei eof shall be punished by fine of not more than five hundred dollars or by. imprisonment not exceeding six months,. or both, and the state board of health may, upon determij:.ling that any holder of a certificate of authorization has violated any provision of revoke said certificate; and in no event shall a new certificate of authorization be issued to a person whose certificate has been revok~ for a period of two years thereafter. Hlstor;y.-Comp. 8, ch , ,, t ~ 1929

Ch. 483 MEDICAL TECHNOLOGY 483.01 Purposes. 483.02 Definitions. 483.03 Exemptions. 483.04 Unlawful practices. 483.05 Administration. 483.06 Organization of board. 483.07 Powers and duties of board.

-The practice of medical technology in the state is hereby declared to affect the public health, safety and welfare and to be subject to regulation and control in the public interest.

and that only qualified medical technologists be permitted to practice medical technology in the state in accordance with the provisions of this chapter.

30 Ch. 483 MEDICAL TECHNOLOGY Purposes Definitions Exemptions Unlawful practices Administration Organization of board Powers and duties of board Qualifications of applicants Examination of applicants Licenses to be displayed Special licenses Purposes.-The practice of medical technology in the state is hereby declared to affect the public health, safety and welfare and to be subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that the medical technology profession merit and receive the confidence of the public and the practitioners of the healing arts and that only qualified medical technologists be permitted to practice medical technology in the state in accordance with the provisions of this chapter. All provisions of this chapter shall be liberally construed to carry out these objects and purposes. History.-Comp. 1, ch , Definitions.-For the purpose of this chapter the following definitions shall prevail: (1) "Medical Technology" is the science, art or technique of performing any laboratory tests or examination on or of the blood, blood serum, feces, urine, sputum, exudates, transudates, organ contents or any by-products thereof, from the human body, living or deceased, the results of which are used or interpreted by a practitioner of the healing arts in the practice of his profession. (2) "Medical Technologist" is a person qualified by training and experience in the art, science and technique of medical technology and duly licensed by the board to engage in the practice of medical technology in the state. (3) "Medical Technologist Director" is a self-employed medical technologist operating his or her own laboratory, or the technical chief of a medical or clinical laboratory using the services of more than one medical technologist. (4) The "board" is the board of examiners in the basic sciences. Hhtory.-Comp. 2, ch , Exemptions.-Nothing in this chapter shall apply to the following persons, practices and operations: (1) The practice of his profession by a licensed practitioner of the healing arts, including the practice of medical technology by any such practitioner for his own use or for others of his profession. (2) Persons who are employed by licensed practitioners of the healing arts and who perform laboratory procedures coming within the CHAPTER 483 MEDICAL TECHNOLOGY Licensing of medical technologist directors Grandfather clause Disposition of fees; expenses of board Duties and powers of state board of health Annual registration of laboratories; fees Annual registration of medical technologists; fees Revocation and suspension of licenses Injunctions against violators Criminal penalties. purview of this chapter, the results of which are used by their employers in the practice of their profession. (3) Persons employed by any hospital to perform laboratory procedures coming within the purview of this chapter, whose work is under the direct supervision of a practitioner of the healing arts. ( 4) The practice of medical technology in the discharge of their official duties by members of the United States armed forces, public health service, or veterans administration, including hospitals operated by any branch of the federal government for veterans of any war. (5) The practice of medical technology in the discharge of their official duties by any employee of the state board of health or of any similar governmental health organization of any county or municipality of this state. (6) The making of laboratory tests for practitioners of the healing arts by toxicologists and chemists where such tests are not usually made by medical technologists. Hlstory.-Comp. 3, ch , Unlawful practices.-it shall be unlawful: (1) For any person who has not been duly licensed and registered under the provisions of this chapter to practice, offer to practice, or hold himself out as qualified to practice, medical technology, or to render any findings or report of any laboratory test or examination made within the field of medical technology. (2) For any person who has not been duly licensed and registered under the provisions of the chapter as a medical technologist director to operate or direct the operation of a medical or clinical laboratory in which are performed the laboratory tests incident to the practice of medical technology. (3) For any medical technologist or medical technologist director to render any findings or report, oral or written, of any test or examination made within the field of medical technology to any one other than a practitioner of the healing arts, a hospital or a governmental agency authorized to use such findings or report. ( 4) For any medical technologist to practice, offer to practice, or hold himself or herself out as being qualified to practice, any of the healing arts. Hlstory.-Comp. 14, ch , 1949.

31 Administration.-The board of examiners in the basic sciences is hereby vested with full and complete authority to administer the provisions of this chapter. History.-Comp. 5, ch , cl.-ch. 456 Florida basic science law Organization of board.- (1) A majority of the members shall constitute a quorum but should less than a majority be present on the date appointed for any meeting those present may adjourn from day to day, or from time to time until a quorum is present. (2) The board may be sued in any county where the plaintiff or complainant resides, provided that a corporation or a nonresident of Florida may sue only in the circuit court for Leon county. Service of process in any suit may be made on the board by serving the same on the attorney general of Florida. History.-Comp. 6, ch , Powers and duties of board.-the board shall, subject to the provisions of this chapter, exercise the following powers and duties; (1) It shall adopt and use a corporate seal, and prescribe such rules for its internal government as it may deem proper. (2) It shall issue licenses and conduct examinations to ascertain the qualifications and fitness of applicants; (a) To practice medical technology, and (b) To become a medical technologist director, and shall prescribe rules and regulations in connection therewith. (3) Formulate rules and regulations whereby schools and colleges offering courses in medical technology and training schools for medical technologists shall be approved. (4) Conduct proceedings relative to the issuance, re-issuance, renewal, revocation and suspension of licenses under this chapter. (5) Employ such clerical and professional MEDICAL TECHNOLOGY Ch. 483 that he or she is at least twenty-one years of age and of good moral character and a citizen of the United States. Each such applicant must have completed at least two years of residence college work, consisting of a minimum of one-half the work acceptable for a bachelor's degree granted on the basis of a four year period of study, in a recognized college or university approved by the board; and in addition each applicant must be a graduate of an approved school for training medical technologists or must have received equivalent training during a continuous period of not less than two years in an established medical or clinical laboratory approved by the board. All applications shall be under oath and the board is hereby authorized and empowered to adopt such forms as are necessary to implement this section, and to adopt such rules and regulations in regard to the qualifications of the applicants for examination as it from time to time may deem necessary and proper. Each application for examination shall be accompanied by a fee of ten dollars which said fee shall be retained whether or not a license is granted, but shall be refunded in case the applicant is not qualified for the examination. Hlstory.-Comp. 8, ch ct Dispensing with examination for veterans Examination of applicants.-the board shall conduct examinations of applicants in such manner as to thoroughly test their qualifications to practice medical technology and such examination may be oral, written, technical, theoretical and practical and shall include the following subjects: bacteriology, biochemistry, hematology, parasitology and serology, and such subdivisions of these general subjects as relate to the practice of medical technology. Hlstory.-Comp. 9, ch , assistants, including attorneys, as shall be Licenses to be displayed.-the board necessary to carry out the provisions of this shall issue a license to each person who suechapter. cessfully passes the examination provided for (6) Maintain complete records of all its pro- in and to every other person who beceedings and of all licenses issued hereunder. comes entitled to practice medical technology (7) The board in the exercise of its powers under the terms of this chapter. All such liand duties may compel the attendance of wit- censes and the renewal certificates hereafter nesses and the production of documents in the provided for shall be posted and kept conspicusame manner as may now or hereafter be pro- ously displayed in the office or laboratory vided therefor in the courts of law of this wherein each licensee practices. state; it may administer oaths, take testimony Hlstory.-Comp. 10, ch , and receive proofs concerning all matters with l Special licenses.-the board shall in its jurisdiction. (8) The board shall forward an annual re- have authority to issue special licenses under the following circumstances: port to the governor before April 1st of each (l) In all cases where the applicant for year covering the activities of the board during examination and license is otherwise qualified the preceding calendar year. (9) The board shall perform all other lawful except by reason of age, such applicant having acts necessary to carry out and make effective not yet reached the age of twenty-one years; provided that no person under the age of the provisions of this chapter. eighteen shall be licensed hereunder. Hlstory.-Comp. 7, c h , (2) In all cases where the applicant shall Qualifications of applicants.-each be otherwise qualified and shall make applicaperson who desires to practice medical tech- tion for a license to practice only one or more, nology in the state shall file with the board but not all, of the following branches of medical a written application for a license as a medi- technology; bacteriology, hematology, paracal technologist and furnish satisfactory proof sitology, serology, bio-chemistry, blood-bank (.. t!tat

license is sought, in the manner provided by 483.09 and 483.10.

32 Ch. 483 MEDICAL TECHNOLOGY technique and related fields. Upon receipt of such application and the other provisions of this law having been complied with by applicant, the board shall proceed to examine such applicant in the special field for which a license is sought, in the manner provided by and (3) Where any special license is granted by the board, the license issued shall be marked by the board in some distinctive manner and the reason for its differentiation clearly indicated thereon. llistory.-comp. 11, ch , Licensing of medical technologist di rectors.- (1) The board may license as a medical technologist director any licensed medical technologist who has graduated with a major in science from a recognized college or university approved by the board and who has worked as a medical technologist for a period of at least two years immediately prior to making application under this section and who passes an examination prescribed by the board for the purpose of testing the general fitness of the applicant to direct and operate a medical or clinical laboratory; provided, however, any licensed medical technologist who does not qualify under subsection (2) of and who is working in the state as a medical technologist at the time this chapter becomes a law may be licensed as a medical technologist director without examination at any time prior to January 1, 1951, if, in the opinion of the board, he is qualified by training and experience to direct and operate a laboratory. (2) The board shall prescribe the form of application for such license and the information to be supplied thereon. Such application shall be under oath and shall be accompanied by a fee of fifty dollars. Each license provided for in this section shall be prominently displayed in the laboratory of the licensee. Hlstory.-Comp. 12, ch Sub. (1J, am. 10, ch , Grandfather clause.- (1) Any person, who, on May 16, 1949, is actively engaged in operating a medical or clinical laboratory in the state, and who has been a resident of this state for six months immediately prior to making application, shall receive from the board a license as a medical technologist director upon making an application under oath in proper form as prescribed by the board and paying a fee of fifty dollars; provided, however, that no such license shall be granted to anyone not licensed as a medical technologist under the provisions of this chapter. History.-Comp. 13, ch , 1949; (1) R. by 2~. ch. 57 1, remaining subsection renumbered Disposition of fees; expenses of board.- (1) All moneys received by the board under the provisions of , , , and shall be deposited with the state treasurer in the state agencies fund and shall be subject to audit by the state auditor in the manner prescribed by law for the auditing of other such funds in the state treasury; and the state shall not be responsible for any indebtedness which may be created or incurred by the board other than the extent to which money is available. All expenses of the board shall be paid out of this fund by appropriate warrant issued therefor by the state comptroller. (2) Each member of the board shall receive ten dollars per day, or any part of day, while attending official board meetings, not to exceed twelve meetings per year, and shall receive per diem and mileage as provided in , from place of their residence to place of meeting and return. The board is authorized to conduct reasonable educational programs at state-wide meetings of the medical technologists of the state and the cost of such educational programs may be paid out of this operating fund. Hlstory.- 14, ch , 1949; am. 33, ch ; (3) R. by 33, ch , cf Minor regulatory boards to be financed by fees collected Duties and powers of state board of health.-the enforcement of the several provisions of the laws of this state governing and regulating the practice of medical technology and the operation and management of medical laboratories in this state as are now in force or as may be hereafter enacted is vested in the state board of health; provided, however. that the powers granted by this section shall not apply to the examination and registration of applicants before the board of examiners in the basic sciences, nor to any proceedings of said board relative to the issuance, re-issuance, renewal, revocation or suspension of licenses under this chapter. The state board of health shall have the following powers and duties in order to enforce the provisions of this chapter: (1) It may employ such inspectors, enforcement officers and clerical assistants as may be required. (2) It may inspect all laboratories at any time to determine sanitary conditions, physical equipment, methods of operation and to inspect licenses and renewal certificates required by this chapter, and it may conduct investigations of alleged violations of this chapter. (3) It shall make available to the board of examiners in the basic sciences the results of its inspections and investigations, and may recommend appropriate actions to be taken by said board in the enforcement of this chapter. (4) It shall maintain complete records of all licenses issued under this chapter and of all annual registrations issued pursuant to and The board of examiners in the basic sciences shall keep the state board of health advised at all times of all its proceedings and decisions relative to the issuance, revocation or suspension of licenses under this chapter. History.-Comp. 15, ch , ~2

33 Annual registration of laboratories; fees.-every medical laboratory subject to the provisions of this chapter shall be registered annually on July 1st with the state board of health. Prior to July 1st of each year every owner or proprietor of a medical laboratory shall file an application for such registration on a form prescribed by the state board of health which shall disclose the name of the laboratory, its address, its owner or owners, the name and license number of its medical technologist director or directors, and the names and license numbers of each medical technologist empl_oyed or working therein. A fee of twenty dollars shall be paid to the state board of health for such registration by the owner or proprietor of the laboratory, such fees to be used by the state board of health to defray expenses of enforcing the provisions of this chapter. Failure to effect the annual registration as provided in this section shall be grounds for revocation or suspension of the medical technologist director license or licenses of those operating the laboratory. History.-Comp. 16, 25069, Annual registration of medical technologists; fees.- (1) Each medical technologist shall file an application with the state board of health for an annual renewal certificate before July 1st of each year on such form as may be prescribed by the state board of health. Each such application shall be accompanied by a fee of not more than five dollars as fixed by the board of examiners in the basic sciences, the same to be deposited in the state treasury to the credit of the medical technologists operating fund. (2) The state board of health shall notify in writing each medical technologist who has failed to comply with the foregoing subsection by September 1 of any year, which notice shall advise the delinquent that his failure to apply for a renewal license may result in the cancellation of his license in accordance with the provisions of this chapter. (3) Any medical technologist license may be canceled and annulled by the board of examiners in the basic sciences if the holder thereof fails to secure a renewal certificate within a period of six _~months from July 1 of each year; unless, however, such person has been prevented from applying for renewal for good cause, of which the board will be the sole judge of the sufficiency thereof. (4) Upon cancellation and revocation of any license under the provisions of this section, the former holder thereof may be reinstated only after application filed and examination taken in accordance with and hereof. History.-Comp. 17, ch , Revocation and suspension of licenses.-the board shall have the power to suspend for a specified period of time or to MEDICAL TECHNOLOGY Ch revoke any license issued under the provisions M this chapter whenever it shall be satisfactorily proven to the board after full hearing that any licensed medical technologist or medical technologist director practicing in the state has been guilty of fraud, deceit, or misrepresentation in obtaining a license, or of gross immorality, or has been convicted of a felony, or is an habitual user of intoxicating beverages or drugs to such an extent as to render him unfit for the practice of medical technology, or is guilty of malpractice, or is grossly ignorant or incompetent, or whose equipment is grossly inadequate or who is guilty of wilful negligence in the practice of medical technology, or is guilty of employing or permitting any unlicensed person to perform any work which can only be done legally by a person holding a license to practice medical technology, or fails to apply for and secure an annual renewal certificate as provided in , provided, however, any person whose license is suspended or revoked under the provisions of this chapter shall have right of appeal de novo to the circuit court of the county in which such person resides or has his place of business, provided such appeal shall be taken within sixty days after entry of order of suspension or revocation. Charges accusing any licensee under the provisions of this chapter of having committed any of the foregoing acts or practices shall be submitted in writing under oath and a copy thereof shall be served on the accused not less than thirty days prior to the hearing thereon and the accused shall be furnished written notice of the time and place where said charges will be heard and determined; provided, however, that said charges must be heard in the county where the accused resides or has his place of business. The board is authorized and empowered to prescribe forms, rules and regulations in order to carry out the provisions of this section and may authorize the payment out of this board's operating fund of all necessary expenses in connection with any proceeding for the suspension or revocation of any license. No suspension or revocation shall be made except upon a majority vote of the full board. Hlstory.-Comp. 18, ch , Injunctions against violators.-any person who is practicing medical technology under the terms of this chapter without being properly licensed hereunder or any person who violates any of the provisions of this chapter or any order, decision, rule or regulation promulgated hereunder by the board may be enjoined by the courts of this state from any such violation or unlawful practice of medical technology at the instance of the board or any citizen of this state injured or damaged thereby. History.-Comp.. 19, ch , Criminal penalties.- (1) Any person using or attempting to use as his own a forged license, forged renewal certificate or any forged qualifications or identi-

34 Ch. 483 MEDICAL TECHNOLOGY ficatim1s, shall be deemed guilty of a felony and upon conviction thereof shall be &abject to the same penalties of fine ana imprisonment as are now made and provided by the laws of this state for the crime of forgery. (2) Any person who shall violate any of the provisions of this chapter or who procures. aids and abets the violation of any provip.ion hereof shall be guilty of a misdemeanor and punished according to the laws of the state for the punishment of misdemeanors. Hlstory.-Comp. 20, ch

484.01 State board of dispensing opticians; jurisdiction; scope of law. 484.02 Dispensing optician defined. 484.03 Application for license; examination; oath. 484.04 State board to prepare examination; fee.

35 State board of dispensing opticians; jurisdiction; scope of law Dispensing optician defined Application for license; examination; oath State board to prepare examination; fee State board of dispensing opticians; membership, powers, duties Optical dispensing; unlawful acts State board of dispensing opticians; jurisdiction; scope of law.-there is hereby created a board to be known as the state board of dispensing opticians, which shall have exclusive jurisdiction over the trade or occupation of dispensing opticians. This chapter provides for the examination and regulation of dispensing opticians; provides a license tax and an occupational tax on persons, partnerships or corporations now or hereinafter engaged in such trade or occupation; prohibits the sale of eyeglasses, spectacles, artificial eyes, lenses, contact lenses and optical devices, except as herein provided, unless and until the dispensing optician has qualified with and obtained a license from the said state board of dispensing opticians; this chapter also provides for the licensing of dispensing opticians having a license to practice and trade on June 8, 1949; this chapter also prescribes the manner of enforcing the provisions of this chapter and fixes the penalties for the violation of the terms and provisions thereof; the said chapter defines the jurisdiction, limitation and powers of said state board of dispensing opticians. Natural persons, partnerships or corporations may engage in the trade or occupation of dispensing opticians, but each place of business maintained in the state shall have a duly licensed dispensing optician to supervise the preparing, fitting and adjusting of optical devices. Hlstory.-Comp. 1, ch , DISPENSING OPTICIANS Ch. 484 CHAPTER 484 DISPENSING OPTICIANS When license not required. License renewed annually, fee; state board, compensation. Unlawful practice. State board; rules and regulations; occupational licenses. Application of law. nothing herein contained shall be construed as limiting or in anywise abrogating the power or authority of any board or commission created under any of the Laws of Florida, defining and regulating any profession, to enforce the provisions of such respective laws, or exercising any of the powers contained in such laws against violators thereof, even though engaged in the business of a dispensing optician. Hlstory.-Comp. 2, ch , Application for license; examination; oath.- (1) Any person wishing to obtain the right to practice the trade or occupation of dispensing optician as hereinbefore defined shall, before it shall be lawful for him to do so in the state, make application to the Florida state board of dispensing opticians, upon such form and in such manner as shall be adopted and prescribed by said board, and obtain a license from the board so to do. Unless such person shall have obtained a license as aforesaid, it shall be unlawful for him to practice the trade or occupation of dispensing optician in the state and he shall be subject to the penalties hereinafter prescribed. The board shall admit to examination any candidate who pays the fee provided for in this chapter and submits evidence satisfactory to the board, verified on oath, that (a) The applicant is more than twenty-one years of age Dispensing optician defined.-a dis- (b) The ap.plicant is of good moral characpensing optician is defined as one who prepares and dispenses lenses, spectacles, eye- ter. glasses and optical devices to the intended user (c) The applicant has satisfactorily comthereof on the written prescription of a phy- pleted a one school year of not more than sician or optometrist, duly licensed to practice eight hundred fifty hours course of study in his profession. A dispensing optician may a recognized school of optical dispensing or duplicate lenses without prescription, provided, has had practical training and experience of however, that such duplication shall be exact a grade and character satisfactory to the board as to type, form and effective power and pro- for not less than two years under the supervided, further, that said dispensing optician vision of a dispensing optician, a licensed physhall not engage in the diagnosis of the diseases sic ian or a licensed optometrist; provided howof the human eye or attempt to determine the ever that any time spent in a recognized school refractive powers of the human eyes or, in shall be considered as part of the apprenticeany manner, attempt to prescribe for or treat ship period provided herein. diseases or ailments of human beings. A dis- (2) Applicants for examination may be expensing optician who qualifies under this chap- amined by the said board upon matters perter shall be determined and recognized as en- taining to mathematics and physics, opthalmic gaging in a lawful trade or occupation in the materials and laboratory technique, opthalmic state. The state board of dispensing opticians optics, opthalmic dispensing and practical subshall have exclusive jurisdiction in the en- jects. When any applicant passes the necessary forcement of this chapter over all persons, examination and meets the qualifications herepartnerships or corporations engaged in busi- inabove set forth, the state board of dispensing ness as a dispensing optician, whether li- opticians shall issue a license to such person censed or unlicensed; provided, however, that to practice the trade or occupation of dispensing 1935

continues to practice his trade or occupation in the state and said license is not revoked or suspended by the state board of dispensing opticians. History.-Comp. 3, cb. 25255, 1949. 484.

-examination of applicants for license to practice the trade or occupation of dispensing optician shall be made by the state board of dispensing opticians, consisting of five licensed dispensing

36 Ch. 484 DISPENSING OPTICIANS optician. Such license shall be conspicuously displayed in the office or place of business of the dispensing optician and it shall not be necessary to remove the same so long as such dispensing optician continues to practice his trade or occupation in the state and said license is not revoked or suspended by the state board of dispensing opticians. History.-Comp. 3, cb , State board to prepare examination; fee.-examination of applicants for license to practice the trade or occupation of dispensing optician shall be made by the state board of dispensing opticians, consisting of five licensed dispensing opticians, according to the methods and covering subject matter deemed by it to be the most practical and expeditious to test the applicant's qualifications. The board may require the examination to be both written and oral. There shall be paid to the secretarytreasurer of the board by each applicant for license an examination fee of twenty-five dollars, which is accompanied by the application. No part of any fee is returnable under any circumstances. Hlstory.-Comp. 4, cb , State board of dispensing opticians; membership, powers, duties.-there is hereby created the state board of dispensing opticians which said board shall supervise the practice of dispensing opticians and enforce the provisions of this chapter and which said board shall be composed of five licensed dispensing opticians, each of whom shall be resident of the state who has been engaged in the practice of dispensing optician in said state for not less than five years preceding the time of his appointment. The members of said board shall be appointed by the governor of the state and each such appointee shall hold office for a period of four years, or until his successor is appointed and qualified, except as hereinafter provided. Within thirty days after June 8, 1949, it shall be the duty of the governor to appoint five qualified dispensing opticians to said board, in the manner following: One member shall be appointed for one year; one member shall be appointed for two years; one member shall be appointed for three years; and two members shall be appointed for a full term of four years; thereafter, all appointments shall be made for a term of four years. The governor is also empowered to fill vacancies that may occur from time to time to said board with persons duly qualified. Immediately after said appointment aforesaid, the said board shall convene and organize by selecting from among their number a chairman and secretary-treasurer and shall adopt rules and regulations governing the examination of applicants, the enforcement of the provisions of this chapter and shall establish a code of ethics and standards of practice for dispensing opticians and such other rules and regulations governing procedure as shall be necessary and proper for the carrying out of the objectives of this chapter. Said board shall, however, provide for meetings at least once each year for the purpose of receiving applications and giving examinatioas as above provided and may meet at other times and at such places as the board shall designate from time to time or fix by regulations. The state board of dispensing opticians. may administer oaths, summon witnesses, take testimony in all matters relating to its duties. Said board shall issue license to practice the trade or occupation of dispensing optician tp all persons who shall furnish satisfactory evidence of attainments and qualifications under the provisions of this chapter and the rules and regulations of the board, such license shall be signed by the chairman and attested by the secretary-treasurer of the board under its adopted seal and it shall give absolute authority to the person to whom it is issued, to practice the trade or occupation of dispensing optician in this state. Hlstory.-Comp. 5, cb , cf Dispensing with examination of veterans Optical dispensing; unlawful acts. It shall be unlawful for any person, partnership or corporation to offer any gift or premium or discount in any form or manner in conjunction with the practice of optical dispensing, or to advertise either directly or indirectly by any means whatsoever any definite or indefinite price or credit terms on prescriptive or corrective lenses, frames, complete prescriptive or corrective glasses or any optical dispensing service; to advertise in any manner that would tend to mislead or deceive the public; to solicit patronage by advertising that he or some other person or group of persons possess better qualifications or are best trained to perform the service or to render any service connected with optical dispensing. This section is passed in the interest of public safety, health and welfare and its provisions shall be liberally construed to carry out its objectives and pur- poses. Ilistory.-Comp. 6, cb , When license not required.-n othing herein contained shall be construed to mean that an employee of a licensed physician or a licensed optometrist shall be required to secure a license under this chapter, or be otherwise subject to the provisions of this chapter, so long as said employee is working exclusively for and under the direct supervision of said licensed physician or said licensed optometrist and does not hold himself out to the public generally as a dispensing optician. History.-Comp. 7, ch , 1949.

37 DISPENSING OPTICIANS Ch License renewed annually, fee; state board, compensation.-annually on or before the 1st day of July, each and every licensed dispensing optician shall pay to the secretary of the state board of dispensing opticians a sum to be fixed annually by said board, of not less than ten dollars nor more than twenty-five dollars, as a renewal of the license fee. Should any licensed dispensing optician fail to pay said fee after notice from the secretary by registered mail, and continue to practice optical dispensing, he shall be punished in the same way as provided in this chapter for misdemeanors. Members of the board shall receive ten dollars per day, or any part of day, while attending official board meetings, not to exceed twelve meetings per year, and shall receive per diem and mileage as provided in , from place of their residence to place of meeting arid return; the secretary-treasurer shall be reimbursed for all expenses incurred by him in the keeping of the records of the board and the carrying on of the business of the board directed to be done by him. Said board may employ such investigators or other employees as may be deemed necessary to effectually carry out the provisions of this chapter. The attorney general shall be the legal advisor of said board. The compensation of the persons employed by the board shall be paid in the same manner as the per diem and expenses of said board are paid. The secretarytreasurer of said board shall be paid a salary not to exceed five hundred dollars per year in addition to per diem and mileage allowances and necessary expenses as fixed and approved by said board. The secretary-treasurer, before assuming the duties of his office, shall execute a bond in the sum of two thousand dollars to the state, said bond to be approved by the board, conditioned for the faithful discharge of the duties of his office, the premium for such bond to be paid for from the funds of the board as other expenses. All moneys received by said board under the provisions of this chapter shall be deposited with the state treasurer in the state agencies fund, out of which shall be paid the mileage allowances and expenses aforesaid. No part of the mileage or other expenses of said board or any of the members thereof shall be paid out of any other funds in the state treasury, nor shall the state any wise be responsible for any indebtedness which shall be created or incurred by said board. The secretary-treasurer of said board shall make an annual report to the governor of the state on or before the loth day of June of each year, which report shall cdntain a report of all moneys received and disbursed pursuant to law. Blstory.- 9, ch , 1949; am. 34, ch , cf Bonds of officials Minor regulatory boards to be financed by fees collected Unlawful practice.-any person who shall practice the trade or occupation of dispensing optician as defined in this chapter, without first complying with the provisions of this chapter, or who shall violate any of the provisions of the sections of this chapter, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars or by imprisonment of not more than six months in the county jail, or both. This chapter, however, shall not apply to licensed physicians or optometrists licensed under the laws of the state and who, on June 8, 1949, shall be engaged in optical dispensing. This chapter, however, shall not now or hereafter apply to physicians or optometrists licensed under the laws of the state, nor shall such licensed physicians or optometrists be subject to the jurisdiction of the state board of dispensing opticians herein cr eated. History.-Comp. 10, ch , State board; rules and regulations; occupational licenses.-in addition to the powers and duties of the board hereinabove enumerated, said board shall have the power to adopt rules and regulations establishing standards of practice for the trade or occupation of dispensing optician and for any breach of provisions of this chapter or of any rule or regulation of the board adopted pursuant hereto, or of any standard adopted by the board for the practice of the trade or occupation of dispensing optician, may suspend or revoke the license of any dispensing optician after notice and hearing prescribed in the regulations of the board, and is hereby authorized to proceed in any of the courts of this state by injunction to restrain any continued violation of this chapter or of such rule or regulation of or standards so adopted. It shall be unlawful for any licensing agency, either state, county, or municipal, to issue an occupational license tax to practice as a dispensing optician unless the applicant therefor shall first exhibit to such official a current certificate issued by the state board of dispensing opticians, showing that the applicant has been qualified by said board to practice as a dispensing optician in accordance with the terms of this chapter. Any person, partnership or corporation, engaged in the trade or occupation of dispensing optician shall pay an occupational license tax of ten dollars per year for the privilege of engaging in such trade or occupation, said license tax to be paid in accordance with the laws regulating the payment of other occupational taxes. Said ten dollar license tax shall be paid for state license; county and municipal taxes shall be in a sum as now required by law, not to exceed five dollars each per year. Any dispensing optician whose license is suspended or revoked under the provisions of this chapter shall have the right of appeal de novo to the circuit court of the county in which such dispensing optician resides or has his place of business, provided 1937

Ch. 484 DISPENSING OPTICIANS such appeal shall be taken within sixty days after entry of order of suspension or revocation. Hlwtory.-Comp. U1, ch. 26266, 1949. cf.-ch. 205 License taxes. 484.11 Application of law.

38 Ch. 484 DISPENSING OPTICIANS such appeal shall be taken within sixty days after entry of order of suspension or revocation. Hlwtory.-Comp. U1, ch , cf.-ch. 205 License taxes Application of law.- (1) This chapter shall not apply to any person who is or was United States patentee of such special optical devices as bifocal, biplane or multi-visual lenses and who has for a period of over ten years engaged in the business of lens grinding for such and other optical devices in accordance with prescriptions or specifications of physicians, optometrists or optical scientists. (2) Nothing in this chapter shall be construed to prevent the sale of spectacles for reading purposes, toy glasses, goggles or sun glasses consisting of plano white, plano colored or plano tinted glasses, or ready made nonprescription glasses, nor shall anything in this chapter be construed to affect in any way the manufacturing and sale of plastic or glass artificial eyes or any persons engaged in said manufacturing or sale of plastic or glass artificial eyes. Hlstory.-Comp. 8, ll'h, ch , l!:lis!s

39 Midwifery; who may practice Application to practice midwifery Qualifications of applicant to practice midwifery License good for one year State health officer to make rules regulating practice of midwifery Midwifery; who may practice.-no person other than a duly registered and licensed physician shall practice midwifery or use the name or title of midwife unless such person shall be duly registered as a midwife with the state board of health. Hlstory.- 1, ch , 1931; CGL 1936 Supp. 3403(1) Application to practice midwifery. N o license to practice midwifery shall be issued unless written application therefor sponsored by two registered practicing physicians has been made in the form prescribed to the state health officer. Hlstory.- 2, ch , 1931; CGL 1936 Supp. 3403(2). MIDWIFERY Ch. 485 CHAPTER 485* MIDWIFERY Qualifications of applicant to practice midwifery.- Every applicant for a license to practice midwifery must possess the following qualifications: (1) Be not less than twenty-one years of age. (2) Be able to read the manual for midwives intelligently and to fill out the birth certificates legibly; provided that in case of persons who have extended experience or in other exceptional circumstances, this requirement may be waived by the state health officer. (3) Be clean and constantly show evidence in behavior and in home habits of cleanliness. (4) (a) Possess a diploma from a school for midwives recognized by the state health officer; or (b) Have attended under the supervision of a duly licensed and registered physician not less than fifteen cases of labor and have had the care of at least fifteen mothers and newborn infants during lying-in period of at least ten days each; and shall possess a written statement from said physician that she has attended such cases in said fifteen cases, with the date engaged and address of each; and that she is reasonably skilled and competent and establish the fact that she is reasonably skilled and competent to the satisfaction of the state health officer; or (c) Present other evidence satisfactory to the state health officer showing her qualifications, and (5) Present evidence satisfactory to the state health officer of good moral character in such form as the state health officer by rule and regulation may prescribe. Hlstory.- 8, ch , 1931; CGL 1936 Supp. 8403(3) License good for one year.-unless Revocation of license Midwives to conform to rules and regulations Midwives to practice in normal cases only Penalty for violation of chapter. revoked every license to practice midwifery shall permit the holder thereof to practice only during the current calendar year, the term of said calendar year being from January first. Hlstory.- 4, ch , 1931; CGL 1936 Supp. 3403(4) State health officer to make rules regulating practice of midwifery.-the state health officer may make such rules and regulations as he may deem necessary for regulating the practice of midwifery within the state. Hlstory.- 5, ch , 1931; CGL 1936 Supp. 8403(5) Revocation of Iicense.-The state board of health may revoke the license of such persons practicing midwifery pursuant to this chapter, after having given the midwife an opportunity to be heard; provided it has cause. History.- 6, ch , 1931; CGL 1939 Supp. 8403(6) Midwives to conform to rules and regulations.-all midwives to whom licenses shall be issued pursuant to this chapter must conform to all rules and regulations of the state board of health, the provisions of public health laws of the state, the rules and regulations of any local boards of health and all lawful orders and directions of the state board of health or local boards of health or local health officers. Any violation on the part of any midwife of any of the rules and regulations of the state board of health, the provisions of the public health laws or the rules and regulations of any local boards of health, or the disobedience of any lawful order of the state board of health, or any local boards or health officers, shall be sufficient cause for the revocation of the license issued to the midwife, and shall also be sufficient cause for the withholding of license to practice midwifery from any midwife so offending in any manner as aforesaid by the state health officer. Hlstory.- 7, ch , 1931; CGL 1936 Supp. 3403(7) Midwives to practice in normal cases only.-a duly licensed and registered midwife may practice midwifery in cases of normal labor and in no others. No midwife shall in any case use instruments of any kind, or assist labor by any artificial, forcible or mechanical manner or attempt to remove adherent placentae, or administer, prescribe, advise or employ any poisonous drug or herb or medicine or attempt the treatment of disease except where the attendance of a physician cannot Originally chapter ~

Ch. 485 MIDWIFERY be speedily secured and in such cases, the midwife shall secure the attendance of the physician a.is soon as possible. History.- 8, ch. 14760, 1931; CGL 1936 Supp. 3403(8). 485.091 Penalty for violation of chapter.

40 Ch. 485 MIDWIFERY be speedily secured and in such cases, the midwife shall secure the attendance of the physician a.is soon as possible. History.- 8, ch , 1931; CGL 1936 Supp. 3403(8) Penalty for violation of chapter. Any person who fails or neglects to register as required by the prov1s10ns of , or who shalj violate the provisions of this chapter shall, upon conviction thereof, be punished by a fine of not more than fifty dollars. Hlstory.- 7, ch , 1927; CGL ct , Who has duty of enforcement. i940

41 Short title Definitions Registration requirements Application for registration Examination for applicants Issuance of certificates to applicants passing examinations Issuance of certificates without examination Issuance of certificates to persons passing examination of certain other physical therapy examining boards; permits Refusal, revocation and suspension of registration Short title.-this chapter may be cited as the "physical therapy practice act." History.-Comp. 1, ch Definitions.-In this chapter, unless the context otherwise requires: (1) "Physical therapy" means the treatment of any disability, injury, disease, or other condition of health of human beings, or the prevention of such disability, injury, disease or other condition of health and rehabilitation as related thereto by the use of the physical, chemical and other properties of air, cold, heat, electricity, exercise, massage, radiant energy, including ultraviolet, visible and infra red rays, ultrasound, water and apparatus and equipment used in the application of the foregoing or related thereto. The use of roentgen rays and radium for diagnostic and therapeutic purposes, and the use of electricity for surgical purposes, including cauterization, are not authorized under the term "physical therapy" as used in this chapter. (2) "Physical therapist" means a person who applies physical therapy as defined in this chapter upon the prescription, and under the direction and supervision of a person licensed and registered in this state to practice medicine and surgery, and whose license is in good standing. (3) "Board" means the state board of medical examiners. (4) Words importing the masculine gender may be applied to females. History.-Comp. 2, ch Registration requirements. -To be eligible for registration by the board as a physical therapist an applicant must: (1) Be at least twenty-one years old and a citizen of the United States, and (2) Be of good moral character, and (3) Have been graduated by a high school, and (4) (a) Have been graduated from a school giving a course in physical therapy, which course, as given by such school has been approved for training physical therapists by the appropriate sub-body of the American medical association, if any, at the time of his gradua- PHYSICAL THERAPY PRACTICE ACT Ch. 486 CHAPTER 486 PHYSICAL THERAPY PRACTICE ACT 194! False representation of registration prohibited Supervision of licensed practitioner of medicine required Powers and duties of board of medical examiners Annual registration with state board of health Fraudulent representation to obtain registration unlawful Penalties for violations Exemptions Current valid certificates effective. tion; or if graduated prior to 1936, the course was approved by the American physical therapy association at the time of his graduation and pass to the satisfaction of the board, an examination conducted by it to determine his fitness for practice as a physical therapist as hereinafter provided; or (b) Be entitled to registration without examination as provided in or History.-Comp. 3, ch Application for registration.- A person who desires to be registered as a physical therapist shall apply to the board in writing, on a blank furnished by the board. He shall embody in that application evidence under oath, satisfactory to the board, of his possessing the qualifications preliminary to examination required by He shall pay to the board at the time of filing his application, a fee of twenty-five dollars, no part of which shall be returned. History.-Comp. 41, ch Examination for applicants.- (!) The board shall hold examinations for applicants for registration as physical therapists at least once a year, and more often at the discretion of the board, at a time and place to be determined by the board. Examination of applicants for registration as physical therapists shall be made by the state board of medical examiners according to the methods deemed by it to be most practical and expedient to test the applicant's qualifications, including oral and written tests and practical demonstrations. In the written tests each applicant shall be designated by a number instead of by name so that his identity shall not be disclosed to the members of the board until after the examination papers are graded. Examinations shall be given in the following subjects: the applied sciences of neuroanatomy, kinesiology, psychology, physics, physical therapy as defined in this chapter, applied to medicine, neurology, orthopedics, pediatrics, psychiatry, surgery, medical ethics, and the technical procedures in the practice of physical therapy as defined in this chapter. (2) The board shall employ three registered physical therapists for a term of three years

Ch. 486 PHYSICAL THERAPY PRACTICE ACT each to aid in such examination, and the board shall fix their compensation and pay their expenses; provided, however, that the registered physical therapists

At any time there is a vacancy to be filled by the employment of a registered physical therapist, the Florida chapter of the American physical therapy association shall recommend to the board in a

under this chapter shall be paid solely from the revenue received pursuant to the terms of the law.

5, ch. 57-67. 486.061 Issuance of certificates to applicants passing examinations.

person who holds a certificate of registration pursuant to this section may use the words "physical therapist," "physiotherapist," "physical therapy technician," or "registered physical therapist,"

42 Ch. 486 PHYSICAL THERAPY PRACTICE ACT each to aid in such examination, and the board shall fix their compensation and pay their expenses; provided, however, that the registered physical therapists presently so employed shall serve until the expiration of their respective terms of employment or until their successors shall be employed. At any time there is a vacancy to be filled by the employment of a registered physical therapist, the Florida chapter of the American physical therapy association shall recommend to the board in a number of not less than twice the vacancies to be filled, and the board may appoint from submitted list, in its discretion, any of those so recommended; provided however, that all moneys paid out under this chapter shall be paid solely from the revenue received pursuant to the terms of the law. An annual registration fee of five dollars shall be required of all registered physical therapists to provide these funds. Time and place of payment to be determined by the board. Blstory.-Comp. 5, ch Issuance of certificates to applicants passing examinations.-the board shall register as a physical therapist and shall furnish a certificate of registration to each applicant who successfully establishes his eligibility under the terms of this law, and any person who holds a certificate of registration pursuant to this section may use the words "physical therapist," "physiotherapist," "physical therapy technician," or "registered physical therapist," and he may use the letters "P.T.," "Ph.T.," "P.T.T.," or "R.P.T.," in connection with his name or place of business to denote his registration hereunder. Hlstory.-Comp. 6, ch Issuance of certificates without examination.- (!) The board shall register as a physical therapist and shall furnish a certificate of registration without examination, to any person who applies for such registration on or before October 1, 1957, and who: (a) As of July 1, 1957 meets the qualifications for a physical therapist, as set forth by the American physical therapy association, or the American registry of physical therapists, or (b) As of July 1, 1957 has practiced physical therapy in Florida for six years or more, and has, in the opinion of the board, sufficient training and experience in physical therapy as to be entitled to registration without examination. (2) Any person who holds a certificate of registration pursuant to subsections (1) or (2) of this section may represent himself as a "physical therapist," "physiotherapist," "physical therapy technician," or "registered physical therapist," and he may use the letters "P.T.," "Ph.T.," "P.T.T.," or "R.P.T.," in connection with his name or place of business to: denote his registration hereunder. At the time of making application for registration pursuant to the terms 1942 of this section each applicant shall pay to the board a fee of twenty-five dollars, no part of which shall be returned. Hlstory.-Comp. 7, ch Issuance of certificates to persons passing examination of certain other physical therapy examining boards; permits.-the board may register as a physical therapist and furnish a certificate of registration without examination to any applicant who presents evidence, satisfactory to the board, of having passed the examination in physical therapy of the American registry of physical therapists, or an examination before a similar lawfully authorized examining board in physical therapy of another state, District of Columbia, territory or foreign country, if the standards for registration in physical therapy in such other state, district, territory or foreign country are determined by the board to be as high as those of this state. Any person who holds a certificate of registration pursuant to this section may use the words "physical therapist," "physiotherapist," "physical therapy technician," or "registered physical therapist," and he may use the letters "P.T.," "Ph.T.", "P.T.T.," or "R.P.T.," in connection with his name or place of business to denote his registration hereunder. If the board determines that the applicant has not passed such examination as to entitle him to a certificate of registration without examination the board may, if it determines the applicant possesses sufficient other qualifications for the practice of physical therapy, issue the applicant a permit allowing him to practice physical therapy, pursuant to the terms of this chapter, until the holding of the next examination provided for by this chapter, but not for a longer period of time. At the time of making application for registration without examination, pursuant to the terms of this section the applicant shall pay to the board a fee of twentyfive dollars, no part of which shall be returned. Hlstory.-Comp. 8, ch Refusal, revocation and suspension of registration.-the board, after registered notice in writing to the party in interest, shall hold a hearing within thirty days after the mailing of said notice, may refuse to register any applicant and may suspend or revoke the registration of any registered person: (1) Who is addicted to the habitual use of intoxicating liquors, narcotics, or stimulants to such an extent as to incapacitate him for the performance of his professional duties; or (2) Who is guilty of fraud in the practice of physical therapy or deceit in obtaining his registration as a physical therapist; or (3) Who 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 in the state, would constitute a felony under the laws of this state; or (4) Who is guilty of treating or undertak-

43 ing to treat ailments of human beings otherwise than by physical therapy, as authorized by this chapter; or (5) Who has undertaken to practice physical therapy independently of the prescription, direction, and supervision of a person licensed by the state to practice medicine; or (6) Who has been found by a court of competent jurisdiction to be a mentally ill person and has not thereafter been restored to legal capacity; or (7) Who is guilty of conduct unbecoming a person registered as a physical therapist or detrimental to the best interest of the public. Hlstory.-Comp. 9, ch False representation of registration prohibited.-it shall be unlawful for any person who is not registered under this chapter as a physical therapist or whose registration has been suspended or revoked, to use in connection with his name or place of business the words or letters "Physical therapist," "physiotherapist," "physical therapy technician," "registered physical therapist," or the letters "P.T.," "Ph.T.," "P.T.T.," or "R.P.T.," or any other words, letters, abbreviations or insignia indicating or implying that he is a physical therapist or who in any other way, orally, in writing, in print or by sign, directly or by implication represents himself as a physical therapist. Hlstory.-Comp. 10, ch Supervision of licensed practitioner of medicine required.-it shall be unlawful for any person registered under this chapter as a physical therapist to treat human ailments by physical therapy except under the prescription, direction, and supervision of a person licensed by the state to practice medicine. Hlstory.-Comp. 11, ch PHYSICAL THERAPY PRACTICE ACT Ch Powers and duties of board of medical examiners.-the state board of medical examiners may administer oaths, summon witnesses, and take testimony in all matters relating to its duties under this chapter. The board is authorized to adopt only those rules and regulations needed to carry out the mechanics and procedures to effectuate this chapter and may amend and revoke such rules at its discretion. If the board determines an applicant for registration is qualified to practice physical therapy the board may issue the applicant a permit allowing him to practice physical therapy pursuant to the terms of this chapter until the holding of the next examination provided for by this chapter, but not for a longer period of time. The board shall have power to pass upon the good standing and reputability of any school or college offering courses in physical therapy, and whether the courses of such school or college in physical therapy meet the standards fixed by the board. In determining the standing and reputability of any such school and whether the courses can be approved by the board, the board may investigate and make personal inspection of the same. The powers and duties of the board, as set out in this chapter, shall in no way limit or interfere with its powers and duties as set forth in chapter 458. All powers and duties of the board, as set forth in this chapter, shall be supplemental and additional powers and duties to those conferred upon the board by chapter 458. Hlstory.-Comp. 12, ch Annual registration with state board of health.-any person who holds a certificate of registration under this chapter shall not be required, in order to practice physical therapy, to register or obtain a certificate, license, or other evidence of authority from any other state board, provided, however, every registered physical therapist shall, on or before January 1, of each year, apply to the secretary of the state board of health for a certificate of registration, and at such time pay a fee of one dollar. A physical therapist in making his first registration under this law shall write or cause to be written upon the application blank so furnished by the secretary of the state board of health his full name, post office, and residence address, the date and number of his certificate of registration, and shall duly execute and verify the same before an officer authorized to take acknowledgements, and shall file the same with the said board. Registration subsequent to the first registration need not be upon sworn application. The secretary of the state board of health, on or before October 1, of each year or after the first registration, shall mail or cause to be mailed to each registered physical therapist, a blank form of application addressed to the last known post office address of such physical therapist. The form of such application shall be such as to contain space for the insertion by the applicant of the information required by the provisions of this section. The secretary of the state board of health shall issue to any duly registered physical therapist in this state, upon his application therefor, a certificate of registration under the seal of the state for the year ensuing and ending December 31, and provided further, that nothing in this section shall prohibit the collection of any state, county or city occupational license tax. Hlstory.-Comp. 13, ch Fraudulent representation t() obtain registration unlawful.-it shall be unlawful for any person to obtain or attempt to obtain registration as a physical therapist under this chapter by any willful misrepresentation or any fraudulent representation. Hlstory.-Comp. 14, ch Penalties for violations.-any person who violates any of the provisions of this chapter shall upon conviction be guilty of a misdemeanor and shall be punished by a fine of not more than $500 or be imprisoned in the

44 Ch. 486 PHYSICAL THERAPY PRACTICE ACT county jail for a period not exceeding 6 months, or both, in the discretion of the court. Hlstory.-Comp. 15, ch Exemptions.-N o provision of this chapter shall be construed to prohibit the following persons from using physical therapy as a part of or incidental to their profession, when they practice their profession under the statutes applicable to their profession: chiropractors, chiropodists, doctors of medicine, masseurs, nurses, osteopathic physicians and surgeons, and naturopaths. History.-Comp. 16, ch Current valid certificates effective.-any person holding a certificate of registration to practice physical therapy issued by the board which is valid when this law takes effect shall be deemed to be licensed as a registered physical therapist under the provisions of this chapter. Hlstory.-Comp. 17, ch

45 Short title Definitions Prohibited acts Registration Authority of commissioner; technical committee; rules and regulations Enforcement Short title. - This chapter may be cited as the Florida pesticide law. Hlstory.-comp. 1, ch , Definitions.-For the purpose of this chapter: (1) The term "pest" means and includes all insects, fungi, bacteria, weeds, rodents, predatory animals or any other form of plant or animal life, including viruses, which may infest or be detrimental to vegetation, man, animals, households, (except viruses on or in living man or other animals), or be present in any environment where not desired, or which may ba declared to be a pest by the commissioner. (2) The term "pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest, including insects, rodents, fungi, weeds, or other forms of plant or animal life or viruses, except viruses on or in living man or other animals. (3) The term "device" means any instrument or contrivance intended for trapping, destroying, repelling, or mitigating insects or rodents or destroying, repelling, or mitigating. fungi or weeds, or such other pests as may be designated by the commissioner, but not including equipment used for the application of pesticides when sold separately therefrom. ( 4) The term "insecticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects which may be present in any environment whatsoever. (5) The term "fungicide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any fungi in any environment whatsoever. (6) The term "rodenticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating rodents or any other vertebrate animal which the commissioner shall declare to be a pest in any environment whatsoever. (7) The term "herbicide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any weed. (8) The term "fumigant" means any substance or mixture of substances used as a "pesticide" for fumigating soil, seed, grain, plants, space, structures or any environment whatsoever. (9) The term "plant nutrient" means any ingredient that furnishes nourishment to the plant or promotes its growth. PESTICIDE ACT Ch. 487 CHAPTER 487 PESTICIDE ACT Exemptions Tolerances, deficiencies and penalties Stop sale and seizures Jurisdiction and delegation of duties Cooperation Injunction. (10) The term "plant physiologic" means a substance which may affect the growth or functions of the plant either favorably or unfavorably. (11) The term "insect" means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class Insecta, comprising six-legged, usually winged forms, as, for example, beetles, bugs, bees, flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, for example, spiders, mites, ticks, centipedes, and wood lice. (12) The term "fungi" means all non-chlorophyll-bearing thallophytes (that is, all nonchlorophyll-bearing plants of a lower order than mosses and liverworts) as, for example, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or in living man or other animals. (13) The term "weed" means any plant which grows where not wanted. (14) The term "ingredient statement" means a statement of the name and percentage of each active ingredient, the total percentage of the. inert ingredients, a statement of the name and percentage of each "added ingredient," in the pesticide; and, in case the pesticide contains arsenic in any form, a statement of the percentage of total and water-soluble arsenic, each calculated as elemental arsenic: provided, that in the case of a household pesticide which is not highly toxic to man, the ingredient statement may name each active ingredient in the descending order of its predominance, together with the name of each and the total percentage of the inert ingredients. (15) The term "active ingredient" means an ingredient which will prevent, destroy, repel, or mitigate insects, fungi, rodents, weeds, or other pests. (16) The term "inert ingredient" means an ingredient which is not an active ingredient. (17) The term "added ingredient" means any plant nutrients or plant physiologies added to the mixture, which are not active pesticidal ingredients but which the manufacturer wishes to show on the label. (18) The term "antidote" means the most practical immediate treatment in case of poisoning and includes first aid treatment. (19) The term "person" means any individual, partnership, association, corporation, or organi:t:ed group of persons whether incorporated or not. (20) The term "commissioner" means the commissioner of agriculture. 1945

Ch. 487 PESTICIDE ACT (21) The term "registrant" means the person registering any pesticide pursuant to the provisions of this chapter.

(24) The term "manufacturer or processor" means a person engaged in the business of producing, preparing, mixing or processing pesticides. This term may include "importer.

(26) The term "official sample" means a sample of any pesticide offered for sale, or sold, within this state, which is drawn by a duly appointed inspector of the department of agriculture or by the

(28) The term "state chemist" includes any assistant state chemist.

(30) The term "tolerance" means the deviation from the guaranteed analysis permitted by law.

46 Ch. 487 PESTICIDE ACT (21) The term "registrant" means the person registering any pesticide pursuant to the provisions of this chapter. (22) The term "percent" means one onehundreth (1/100) part by weight or volume. (23) The term "sell" or "sale" includes exchange. (24) The term "manufacturer or processor" means a person engaged in the business of producing, preparing, mixing or processing pesticides. This term may include "importer." (25) The term "brand" means the name, number, trademark, or any other designation under which pesticides may be distributed, offered for sale, or sold, within the state. (26) The term "official sample" means a sample of any pesticide offered for sale, or sold, within this state, which is drawn by a duly appointed inspector of the department of agriculture or by the state chemist or his assistants. (27) The term "true sample" means a sample furnished by a manufacturer, importer or dealer at the request of the state chemist. (28) The term "state chemist" includes any assistant state chemist. (29) The term "deficiency" means the amount of an active ingredient of a pesticide by which it fails to come up to its guarantee when analyzed. (30) The term "tolerance" means the deviation from the guaranteed analysis permitted by law. (31) The term "label" means the written, printed, or graphic matter on, or attached to, the pesticide (or device), or the immediate container thereof, and the outside container or wrapper of the retail package, if any there be, of the pesticide (or device). (32) The term "labeling" means all labels and other written, printed or graphic matter (a) Upon the pesticide (or device) or any of its containers or wrappers; (b) Accompanying the pesticide (or device) at any time; to which reference is made on the label or in literature accompanying the pesticide (or device), except when accurate, nonmisleading reference is made to current official publications of the United States departments of agriculture or interior, the United States public health service, state experiment stations, state agricultural colleges, or other similar federal institutions or official agencies of this state or other states authorized by law to conduct research in the field of pesticides. (33) The term "adulterated" shall apply to any pesticide if its strength or purity falls below the professed standard of quality as expressed on labeling or under which it is sold, or if any substance has been substituted wholly or in part for the article, or if any valuable constituent of the article has be4n wholly or in part abstracted. (34) The term "misbranded" shall apply (a) To any pesticide (or device) if its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular: 1946 (b) To any pesticide-!. if it is an imitation of or is offered for sale under the name of another pesticide; 2. if the labeling accompanying it does not contain instructions for use which are necessary and, if complied with, adequate for the protection of the public; 3. if the label does not contain a warning or a caution statement which may be necessary and, if complied with, adequate to prevent injury to living man and other vertebrate animals; 4. if the label does not bear an ingredient statement on that part of the immediate container and on the outside container and on the outside container or wrapper, if there be one, through which the ingredient statement on the immediate container cannot be clearly read, of the retail package which is presented or displayed under customary conditions of purchase. 5. if any word, statement, or other information required by or under the authority of this Act to appear on the labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs or graphic matter in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; 6. if in the case of an insecticide, fungicide, fumigant, or herbicide, when used as directed or in accordance with commonly recognized practice, it shall be injurious to living man or other vertebrate animals or vegetation, except weeds, to which it is applied, or to the person applying such pesticide. Blstorr.-Comp. 2, ch , Prohibited acts.- (1) It shall be unlawful for any person to distribute, sell or offer for sale within this state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any of the following: (a) Any pesticide which has not been registered pursuant to the provisions of , or any pesticide if any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with its registration or if the composition of the pesticide differs from its composition as represented in connection with its registration; provided, that, in the discretion of the commissioner, a change in the labeling or formula of a pesticide may be made within a registration period without requiring reregistration of the product. (b) Any pesticide unless it is in the registrant's or the manufacturer's unbroken immediate container and there is affixed to such container, and to the outside container or wrapper of the retail package, if there be one, through which the required information on the immediate container cannot be clearly n: ad, a label bearing-

47 1.. the name and address of the manufacturer andj or the registrant; 2. the name, brand or trademark under which said article is sold; 3. the net weight or measure of the contents, subject, however, to such reasonable variations as the commissioner may permit. (c) If highly toxic to man and its container is not made of such material, and closed in such manner, that there is no leakage or dusting out when shipped, stored or handled. (d) Any pesticide which contains any substance or substances in quantities highly toxic to man, determined as provided in , unless the label shall bear, in addition to any other matter required by this chapter, 1. the skull and crossbones; 2. the word "poison" prominently, in red, on a background of distinctly contrasting color; 3. a statement of an antidote for the pesticide. (e) The pesticides commonly known as standard lead arsenate, basic lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium fluoride, sodium fluosilicate, and barium fluosilicate, unless they have been distinctly colored or discolored as provided by regulations issued in accordance with this chapter, or any other white powder pesticide which the commissioner, after investigation of and after public hearing on the necessity for such action for the protection of the public health and the feasibility of such coloration or discoloration, shall, by regulation, require to be distinctly colored or discolored; unless it has been so colored or discolored; provided, that the commissioner may exempt any pesticide to the extent that it is intended for a particular use or uses from the coloring or discoloring required or authorized by this section if he determines that such coloring or discoloring for such use or uses is not necessary for the protection of the public health. (f) Any pesticide which is adulterated or misbranded, (or any device which is misbranded.) (g) It shall be unlawful for any person to detach, alter, deface, or destroy, in whole or in part, any label or labeling provided for in this chapter or regulations promulgated hereunder, or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of this chapter. (2) It shall be unlawful for any person to use for his own advantage or to reveal, other than to the commissioner or proper officials or employees of the state or to the courts of this state in response to a subpoena, or to physicians, or in emergencies to pharmacists and other qualified persons, for use in the preparation of antidotes, any information relative to :formulas of products acquired by authority of Bldory.-Comp. 3, cb , PESTICIDE ACT Ch Registration.- (!) Every pesticide which is distributed sold or offered for sale within this state o. delivered for transportation or transported ij intrastate commerce or between points withil this state through any point outside this stat shall be registered in the office of the com missioner, and such registration shall be re newed annually. The registrant shall file ww the commissioner a statement including: (a) The name and address of the registran' and the name and address of the person whos( name will appear on the label, if other than the registrant; (b) The name of the pesticide; (c) An ingredient statement and a complete copy of the labeling accompanying the pesticide which shall conform to the registration and a statement of all claims to be made for it including directions for use and a guaranteed analysis showing the names and percentages by weight of each active ingredient, the total percentage of inert ingredients, and the names and percentages by weight of each "added ingredient" contained therein; provided, that if it is a household pesticide and is not highly toxic to man, the label statement may name each active ingredient in the descending order of its predominance, together with the name of each and the total percentage of the inert ingredients. When compounds of metallic elements are an active ingredient of the pesticide, the guarantee shall be made in terms of the metallic element. If free sulphur is present as dusting sulphur, it must be guaranteed as to fineness. (2) Persons registered to manufacture or sell pesticides, under the provisions of this chapter, may make and sell special lots of pesticides not already registered with the commissioner, provided that request for registration of such special lot of pesticide is mailed to the commissioner on the same day th~ lot is made. (3) In case a manufacturer discontinues the manufacturing or distribution of a pesticide, which has been registered in this state, he will be required to continue registration of this pesticide until no more remains on the retailer's shelves, or not to exceed two years from date of discontinuance. ( 4) For the purpose of defraying expenses of the commissioner of agriculture and state chemist in connection with carrying out the provisions of this chapter, each person manufacturing or importing for sale any pesticide within this state shall register each and every brand of such pesticide, giving the information required above. The registrant, if a manufacturer or importer, shall pay a registration fee of ten dollars for each and every brand registered annually, for the first ten brands, and two dollars and fifty cents for each and every brand in excess thereof; provided, that manufacturers or importers who have paid the required license fee under chapter for the year 1953 may register all additional brands

48 Ch. 487 PESTICIDE ACT for two dollars and fifty cents each for the remainder of All registrations expire on December 31 of each year and new registrations must be filed before January 15 of the current year. Nothing in this section shall be construed as applying to jobbers or retail dealers selling pesticides when such pesticides have been registered by manufacturer or importer. (5) The commissioner, whenever he deems it necessary in the administration of this chapter, may require the submission of evidence of the efficiency of any pesticide. This evidence shall be examined by the technical committee who shall make recommendations to the commissioner as to whether or not it shall be accepted for registration. If it appears to the technical committee that the composition is such as to warrant the proposed claims for it, and if the article and its labeling and other material required to be submitted comply with the requirements of , the commissioner shall register the article. If it does not appear to the technical committee that the article is such as to warrant the proposed claims for it, the committee shall advise the commissioner to this effect and the commissioner shall refuse registration. In order to protect the public, the commissioner, '.lpon recommendation of the technical committee, after hearing, may at any time cancel the registration of a pesticide. In no event shall registration of an article be construed as a defense for the commission of any offense prohibited under Blstory.-Comp. 4, ca , Authority of commissioner; technical committee; rules and regulations.- (!) This chapter shall be administered and its provisions and all rules and regulations adopted and promulgated hereunder shall be enforced by the commissioner of agriculture of the state. (2) The commissioner is authorized, after opportunity for a hearing and upon recommendation of the technical committee: (a) To declare as a pest any form of plant or animal life or virus which is injurious to plants, man, domestic animals, articles or substances; (b) To determine whether pesticides are highly toxic to man; (c) To determine standards of coloring or discoloring for pesticides, and to subject pesticides to the requirements of (1) (e). (3) All rules and regulations made, adopted and promulgated under authority of this chapter shall be divided into two classes to be known as "technical rules and regulations" and "administrative rules and regulations." ( 4) All "technical rules and regulations" adopted and promulgated hereunder shall be first recommended to the commissioner by a majority of a technical committee composed of the state chemist of Florida, the director of the Florida agricultural experiment station, and the director of the Florida agricultural 1948 extension service. The said technical committee is hereby authorized to recommend rules and regulations pertaining to the composition and use of pesticides as defined in this chapter without limiting the foregoing general terms. (5) Any member of the technical committee and any firm or corporation manufacturing, offering for sale, or selling commercial pesticides in the state may propose a rule or regulation and such proposal shall be acted upon by the technical committee within a reasonable time, not exceeding sixty days, after it is filed with the state chemist. Any firm or corporation, with officers or agent in the state, interested in the manufacture or sale of commercial pesticides in the state may file its name and address with the state chemist and request that it be furnished with a copy of any proposed rule or regulation, and thereafter the state chemist shall not less than five days before a meeting of the technical committee for the consideration of the proposed regulation mail a copy of such proposed regulation to every firm so requesting same. Any such firm shall have the right to be fully heard in person or through an attorney by the technical committee upon any proposed rule or regulation. (6) It shall be the duty of the commissioner, within a reasonable time, to either approve or reject and if approved, to adopt and promulgate all rules and regulations under the classification "technical rules and regulations" recommended to him by the technical committee. (7) It shall further be the duty of the technical committee to review and make recommendations to the commissioner on any registrations submitted to it by the commissioner or by the state chemist. (8) The commissioner of agriculture is hereby authorized to make, adopt, and promulgate all rules and regulations under the classification "administrative rules and regulations" which he shall deem necessary or helpful in the efficient administration and enforcement of this chapter. (9) In order to avoid confusion endangering the public health, resulting from diverse requirements, particularly as to the labeling and coloring of pesticides, and to avoid increased costs to the people of this state due to the necessity of complying with such diverse requirements in the manufacture and,;ale of such pesticides, it is desirable that there should be uniformity between the requirements of the several states and the federal government relating to such pesticides. To this end, the commissioner is authorized to adopt by regulation such regulations applicable to and in conformity with primary standards established by this chapter, as have been or may be prescribed in the United States department of agriculture with respect to pesticides. Blstory.-Comp. 5, ch , 1953.

49 Enforcement.- (!) The examination of pesticides (or devices) shall be made under the direction of the state chemist for the purpose of determining whether they comply with the requirements of this chapter. If it shall appear from such examination that a pesticide (or device) fails to comply with the provisions of this chapter, and the commissioner contemplates instituting criminal proceedings against any person, the commissioner shall cause appropriate notice to be given to such person. Any person so notifie.d shall be given an opportunity to present his views, either orally or in writing, with regard to such contemplated proceedings and if thereafter, in the opinion of the commissioner, it shall appear that the provisions of the chapter have been violated by such person, then the commissioner shall refer the facts to the (prosecuting attorney) for the county in which the violation shall have occurred, with a copy of the results of the analysis or the examination of such article; provided, however, that nothing in this chapter shall be construed as requiring the commissioner to report for prosecution or for the institution of libel proceedings minor violations of the chapter whenever he believes that the public interests will be best served by a suitable notice of warning in writing. (2) It shall be the duty of each (prosecuting attorney) to whom any such violation is reported, to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. (3) The commissioner shall, by publication in such manner as he may prescribe, give notice of all judgments entered in actions instituted under the authority of this chapter. Hlstory.-Comp. 6, ch , Exemptions.- (!) The penalties provided for violations of (1) (a) shall not apply to: (a) Any carrier while lawfully engaged in transporting a pesticide within this state, if such carrier shall, upon request, permit the commissioner or his designated agent to copy all records showing the transactions in and movement of the articles; (b) Public officials of this state and the federal government engaged in the performance of their official duties; (c) The manufacturer or shipper of a pesticide for experimental use only: 1. by or under the supervision of an agency of this state or of the federal government authorized by law to conduct research in the field of pesticides, or 2. by others if the pesticide is not sold and if the container thereof is plainly and conspicuously marked "For experimental use only-not to be sold", together with the manufacturer's name and address: provided, however, that if a written permit has been obtained from the commissioner, pesticides may be sold for experimental purposes subject to PESTICIDE ACT Ch such restrictions and conditions as may be set forth in the permit. (2) An article when intended solely for export to foreign country, and when prepared or packed according to the specifications or directions of the purchaser. If not so exported, all the provisions of this chapter shall apply. (3) Notwithstanding any other provision of this chapter, registration and tagging is not required in the case of a pesticide stored or shipped from one manufacturing plant within this state to another manufacturing plant within this state operated by the same person or from one manufacturer to another manufacturer, provided they are properly labeled whenever poison labels are required under (1) (d). ( 4) Nothing in this chapter shall be construed to apply to any person duly licensed or certified under chapter 482, in their performing any structural pest control, or other operation for which they are licensed or certified under said statutes, and provided further, that licensees under chapter 482 would not be required to register pesticides sold at retail if such pesticides are registered with the department of agriculture under the Florida pesticide act. History.-Comp. 7, ch , Tolerances, deficiencies and penal ties.- (1) No deficiency shall exist in connection with the analysis or report on the analysis of any sample of a pesticide unless the deficiency is greater than three per cent in one or more of the active ingredients or added ingredients claimed. (2) Any person violating (1) (a) shall be guilty of a misdemeanor and upon conviction, shall be fined not more than one hundred dollars. (3) Any person violating any provision of this chapter other than (1) (a), shall be guilty of a misdemeanor and upon conviction, shall be fined not more than fifty dollars for the first offense and upon conviction for a subsequent offense shall be fined not more than one hundred dollars; provided, that any offense committed more than five years after a previous conviction shall be considered a first offense. History.-Comp. 8, ch , Stop sale and seizures.- (1) Any pesticide (or device) that is distributed, sold or offered for sale within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state, shall be liable to be proceeded against in any court of competent jurisdiction in any county of the state where it may be found and seized for confiscation by process of libel for condemnation. The commissioner of agricultpre, or his duly authorized representative, m.'ly withhold from sale by stop sale

Ch. 487 PESTICIDE ACT notice any pesticide which does not meet the requirements of this chapter as follows: (a) In the case of a pesticide-!. if it is adulterated or misbranded; 2. if it has!

if it is a white powder pesticide and is not colored as required under this chapter; 5. if highly toxic to man and the labeling or container does not meet the requirements of this chapter.

(c) If the article is condemned, it shall, after entry of decree, be disposed of by destruction or sale as the court may direct and the proceeds, if such article is sold, less legal costs, shall be

delivery of a good and sufficient bond conditioned that the article shall not be disposed of unlawfully, the court may direct that said article be delivered to the owner thereof for relabeling or

50 Ch. 487 PESTICIDE ACT notice any pesticide which does not meet the requirements of this chapter as follows: (a) In the case of a pesticide-!. if it is adulterated or misbranded; 2. if it has!:lot been registered under the provision of ; 3. if it fails to bear on its label the b. formation required by this chapter; 4. if it is a white powder pesticide and is not colored as required under this chapter; 5. if highly toxic to man and the labeling or container does not meet the requirements of this chapter. (b) In the case of a device, if it is misbranded. (c) If the article is condemned, it shall, after entry of decree, be disposed of by destruction or sale as the court may direct and the proceeds, if such article is sold, less legal costs, shall be paid to the general inspection fund; provided, that the article shall not be sold contrary to the provision of this chapter; and provided further, that upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the article shall not be disposed of unlawfully, the court may direct that said article be delivered to the owner thereof for relabeling or reprocessing as the case may be; and provided, that when a pesticide (or device) has been found in violation of the provisions of this chapter, the owner or claimant may, in lieu of prosecution, surrender the article for confiscation and destruction to a duly appointed representative of the commissioner. (2) When a decree of condemnation is entered against the article, court costs and fees and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the article. Wstor:y.-Comp. 9, ch , Jurisdiction and delegation of duties. -Jurisdiction in all matters pertaining to the distribution, sale, and transportation of pesticides (and devices) under this chapter is vested in the commissioner. All authority vested in the commissioner by virtue of the provisions of this chapter, may, with like force and effect, be executed by the state chemist or such employees of the department of agriculture as the commissioner may, from time to time, designate for said purpose. Hlstory.-Comp. 10, ch , Cooperation.- The commissioner is authorized and empowered to cooperate with and enter into agreements with, any other agency of this state, the United States department of agriculture, and any other state or agency thereof for the purpose of carrying out the provisions of this chapter and securing uniformity of regulations. Hlstor:y.-Comp. 11, ch , Injunction.-In addition to the remedies provided in this chapter and notwithstanding the existence of any adequate remedy at law, the commissioner is authorized to make application for injunction to a circuit judge, and such circuit judge shall have jurisdiction upon a 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 chapter or from failing or refusing to comply with the requirements of this chapter or any rule or regulation adopted hereunder, such injunction to be issued without bond. Wstory.- 15, ch , 1953; 25, ch ,

Florida Congressional Districts

Florida Congressional Districts Florida Congressional s 2002-2011 2000 2010 Total State Population, Decennial Census 15,982,378 18,801,310 Number of s 25 27 Ideal Population (Total State Population / 25 or 27) 639,295 696,345 Population