A Declaratory Statement is the sole means for obtaining a binding interpretation or opinion from the Florida Board of Cosmetology concerning the applicability of statutory provisions, rules or orders over which the Board has authority (Chapters 455 and 477, Florida Statutes, and Chapter 61G5, Florida Administrative Code). A Petition for a Declaratory Statement may only be used to resolve questions or doubts as to how the statutes, rules or orders may apply to the petitioner’s particular circumstances.
In any scope of practice issue, the Board needs to be apprised of the exact procedure the individual is participating, including their licensure, if any; the practice setting; the protocols and procedures in place; and the actions and supervisory responsibilities of all involved. If the question is of general applicability to the practice, by definition, the Legislature requires the Board to initiate rulemaking. However, it is the Legislature, not the Board, which is entitled to set and ultimately define the scope of practice for any profession.
Any Petition for Declaratory Statement that meets the requirements for Board consideration must be publicly noticed in the Florida Administrative Weekly for the next available meeting. The petitioner will be invited to be present to answer any questions or concerns raised on the issue and any supporting materials. Other interested parties may also be given an opportunity to address the Board. Upon reaching a decision, the Board will issue an Order setting forth its findings of fact and conclusions of law.
Refer to Section 120.565, Florida Statutes, and Chapter 28-105, Florida Administrative Code, which sets out the requirements for a Petition for Declaratory Statement. Such a petition is an individual request by a substantially affected person to an agency to give its opinion as to the effect of a particular statute or rule upon the petitioner in his or her circumstances. For instance, a licensee may request for the Board to issue an opinion on whether a certain practice or procedure in which the licensee wishes to engage in is permitted within the scope of practice. The Board is limited to addressing its opinions to Chapter 477 and, where permitted, Chapter 455, Florida Statutes, and Rule Chapter 61G5, Florida Administrative Code. It has no authority to render formal opinions concerning any other state statutes or federal laws and regulations.
Submit questions to:
Board of Cosmetology
P.O. Box 5377
Tallahassee, FL 32314-5377
Fax to: 850.617.4456
All requests for publications, documents, forms, applications for licenses, permits and other similar certifications can be obtained by contacting the Customer Contact Center.
Robyn Barineau, Executive Director
Division of Professions
Board of Cosmetology
2601 Blair Stone Road
Tallahassee, FL 32399-0791