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New Changes in Florida Cosmetology Law Deregulates Certain Services & Expands Services that can be Performed Outside of A Licensed Salon

Effective as of July 1, 2020, pursuant to the “Occupational Freedom and Opportunity Act” (Ch. 2020-160 LAWS OF FLORIDA) the following services previously requiring a cosmetology license now no longer need to be performed by a licensed cosmetologist and are therefore unregulated: hair braiding; hair wrapping; body wrapping; applying polish to fingernails and toenails; makeup application, which includes, but is not limited to, application of makeup primer, face paint, lipstick, eyeliner, eye shadow, foundation, rouge or cheek color, mascara, strip lashes, individual lashes, face powder, corrective stick, and makeup remover; but does not include manual or chemical exfoliation, semi-permanent lash application, lash or brow tinting, permanent makeup application, microblading, or hair removal, according to Florida cosmetology laws and rules.

Under Florida law "Cosmetology" is defined as “the mechanical or chemical treatment of the head, face, and scalp for aesthetic rather than medical purposes, including, but not limited to, hair shampooing, hair cutting, hair arranging, hair coloring, permanent waving, and hair relaxing for compensation. This term also includes performing hair removal, including wax treatments, manicures, pedicures, and skincare services. A "Specialist" means any person holding a specialty registration in one or more of the following specialties:

  1. Manicuring, or the cutting, polishing, tinting, coloring, cleansing, adding, or extending of the nails, and massaging of the hands. This term includes any procedure or process for the affixing of artificial nails, except those nails which may be applied solely by the use of a simple adhesive.
  2. Pedicuring, or the shaping, polishing, tinting, or cleansing of the nails of the feet, and massaging or beautifying of the feet.
  3. Facials, or the massaging or treating of the face or scalp with oils, creams, lotions, or other preparations, and skincare services.”

Subject to certain exceptions, all cosmetology services in Florida are to be performed in a licensed Salon only by licensed cosmetologists in licensed salons.

(2) Pursuant to rules established by the board, cosmetology services may be performed by a licensed cosmetologist in a location other than a licensed salon, including, but not limited to, a nursing home, hospital, or residence, when a client for reasons of ill health is unable to go to a licensed salon. Arrangements for the performance of such cosmetology services in a location other than a licensed salon shall be made only through a licensed salon.

(3) Any person who holds a valid cosmetology license in any state or who is authorized to practice cosmetology in any country, territory, or jurisdiction of the United States may perform cosmetology services in a location other than a licensed salon when such services are performed in connection with the motion picture, fashion photography, theatrical, or television industry; a photography studio salon; a manufacturer trade show demonstration; or an educational seminar.

(4) Pursuant to rules adopted by the Florida cosmetology board, any cosmetology or specialty service may be performed in a location other than a licensed salon when the service is performed in connection with a special event and is performed by a person who holds the proper license or specialty registration.

(5) Hair shampooing, hair cutting, hair arranging, nail polish removal, nail filing, nail buffing, and nail cleansing may be performed in a location other than a licensed salon when the service is performed by a person who holds the proper license.

61G5-20.0015 Performance of Cosmetology or Specialty Services Outside a Licensed Salon.

  1. “Special events” is defined as weddings, fashion shows, and other events as approved by the board.
  2. Cosmetology or specialty services may be performed by a licensed cosmetologist or specialist in a location other than a licensed salon, including a hospital, nursing home, residence, or similar facility, when a client for reasons of ill health is unable to go to a licensed salon. Such services are not to be performed upon employees or persons who do not reside in the facility or any other non-qualified persons.
  3. The following procedures shall be followed when performing cosmetology services outside of a licensed salon:
    1. Information as to the name of the client and the address at which the services are to be performed shall be recorded in the appointment book.
    2. The appointment book shall remain at the salon and be made available upon request to any investigator or inspector of the Department. Rulemaking Authority

To summarize the Florida board of cosmetology laws and rules where we are now after July 1, 2020 (subject to rules adopted by the board which is not yet published), the following cosmetology/spa services may be performed by unlicensed persons: hair braiding; hair wrapping; body wrapping; applying polish to fingernails and toenails; makeup application, which includes, but is not limited to, application of makeup primer, face paint, lipstick, eyeliner, eye shadow, foundation, rouge or cheek color, mascara, strip lashes, individual lashes, face powder, corrective stick, and makeup remover. These services can be performed either inside or outside a licensed salon.

The following cosmetology/spa services may be performed only by licensed persons: hair shampooing, hair cutting, hair arranging, nail polish removal, nail filing, nail buffing, nail cleansing, and massage services. These services can be performed either inside or outside a licensed salon.

The following cosmetology/spa services may be performed only by licensed persons only inside a licensed salon: hair coloring, permanent waving, hair relaxing, hair removal, including wax treatments, manicures, pedicures, skincare services, manicuring, or the cutting, polishing, tinting, coloring, cleansing, adding, or extending of the nails, and massaging of the hands, including any procedure or process for the affixing of artificial nails (except those nails which may be applied solely by the use of a simple adhesive), pedicuring, or the shaping, polishing, tinting, or cleansing of the nails of the feet, and massaging or beautifying of the feet, facials, or the massaging or treating of the face or scalp with oils, creams, lotions, or other preparations, and skincare services.

To legally perform the full range of services set forth in the above paragraph outside of a licensed salon, a licensed person would have to (1) book the appointments through a licensed salon; (2) record and keep the name of the client and the address at which the services are to be performed; (3) have the client establish or certify that the services are necessary to be performed outside of the salon location because (a) the client, for reasons of ill health is unable to go to a licensed salon; or (b) the services are being performed in connection with a special event defined as “weddings, fashion shows, and other events as approved by the board”. 1

If you have any questions or need legal assistance with your cosmetology business, please contact our office for a consultation. We are here for you and can help you navigate through any challenge to reach your business goals. Please call (305) 354-9313 today or request a call here. You may also use the Live Chat application. We look forward to hearing from you!

1 Query whether a Tik Tok video or Instagram influencer post might very well suffice? Such services may also be performed outside of a licensed salon if performed in connection with the motion picture, fashion photography, theatrical, or television industry; a photography studio salon; a manufacturer trade show demonstration; or an educational seminar.

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Charlip Law Group L.C.

Charlip Law Group, LC is located in Brickell - Miami, Florida and serves clients in and around North Beach, Miami Beach, Miami, Hialeah, Opa Locka, Dania, Key Biscayne, South Beach, Fort Lauderdale, Hollywood, Broward County, Miami-Dade County, and Palm Beach County.

Charlip Law Group, LC is located in North Miami, FL and serves clients throughout Florida for 1st party insurance claims.

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