August 2009

In This Issue:

• Message From The Secretary
• Message From The Chair
• Message From The Executive Director
• Helpful Reminders
• Material Data Safety Sheets
• Licensee Numbers
• New License Application Center
• eNewsroom

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Message From The Secretary

As a licensed professional in the State of Florida, I know you are concerned with the threat of unlicensed individuals taking your business and cutting into your bottom line.  I share your concern and also know the financial damage unlicensed individuals can cause consumers.  In fact, unlicensed activity is the topic I hear about the most when I talk with DBPR licensees and Florida’s consumers. 

In response to your concerns, DBPR has increased efforts to combat unlicensed activity.  We are working to better use existing tools and come up with new and inventive ways to address unlicensed activity.  We continue to use our three-tiered approach—education, prevention and enforcement—to get the message out. 

One of our new educational tools is a Web page called “What Services Require a DBPR License?”  This new page is prominently featured on the front page of MyFloridaLicense.com and helps educate consumers and potential licensees about the types of services that must be performed by a DBPR-licensed individual or business.  The pages, custom-tailored for each profession, provide helpful information and examples about the jobs that require a DBPR license.  This new tool is a great way to ensure that we clearly communicate licensure requirements.

Every year, the Office of Communications uses a portion of your five-dollar unlicensed activity fee to fund a media campaign.  This campaign is one of our most successful prevention efforts because it reaches such a large group of people.  More than 41 million impressions were made just last year.  Last fiscal year, the theme of the campaign was “Unlicensed Activity is Ugly Business,” and the advertisements, which were created entirely in-house, showcased an artistic, visually engaging, comic book style design intended to grab the attention of consumers and deliver the straightforward message.  I am eager to share with you our campaign for this year.  It is sure to impress and (more importantly) educate!

Finally, we want to send a strong message that unlicensed activity will not be tolerated.  Last fiscal year, the Division of Regulation increased proactive enforcement efforts by 64 percent, performing 505 sweep or sting operations compared to 327 the previous year.  Look for DBPR investigators hitting the streets even more this fiscal year.  The Division of Regulation has set some very high goals for this fiscal year, and I am confident they will deliver. 

I am proud of our increased efforts last fiscal year, and we will not stop working. Through the three-tiered approach, we strive to combat unlicensed activity from all angles.  I am reminded every time a meet with a consumer who has been harmed by an unlicensed individual or a licensee who has been underbid by the unlicensed competition, that our mission is clear.  We must work harder to address your number one concern, unlicensed activity. 

Sincerely,
Charles W. Drago
Secretary

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Message From The Board Chair, Herman White

I hope this finds you and your families doing well. 

Through legislation, which passed during the 2009 legislative session, the practical portion of our barber examination has been eliminated.  There were several considerations in this action, with Governor Crist’s Accelerate Florida initiative being the primary reason.  This initiative is to make the examination and licensure process easier so that barbers can get to work as soon as possible without sacrificing the health, safety and welfare of the public.  Another important factor is that most tests for licensure are totally written and computer-based.  The board is working hard to prepare for implementation on Oct. 1, 2009.

Recently, a rule change required that all Florida barbers laminate their licenses with their pictures.  Sheets of lamination can be purchased at an office supply store, or you can have your license laminated at most copying shops.  Just a reminder – placing your license in a picture frame or behind a glass covering is not compliant with the rule.  I hope that you will get on board with this requirement, as it will help in the fight against unlicensed activity.

The Barbers’ Board, as a rule, deals with several topics during their quarterly meetings.  The first, and possibly the most important, is disciplinary matters.  A large number of these cases that are brought before us are initiated during inspections.  Our inspectors are our first line of defense against unlawful activity.  They help protect the public.  Inspectors have a difficult job, and barbers’ perceptions are not always accurate.  Please remember that our inspectors are working to make the profession safer, not to give you a hard time.  I would like to congratulate our inspectors on a job well done, and I know they will continue to be diligent in their efforts.

The next board meeting will be held in November and will take place in Orlando.  Make plans to join us.

Herman White, Chair
Florida Barbers’ Board

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Message from the Executive Director,
Robyn Barineau

Summer is almost over…heat, afternoon showers, and vacations.  I hope you had an opportunity to take a little time for yourself and relax!

In June, I had the opportunity to reach out to many of you at the recent Premier Hair Show in Orlando.  I found the event to be very educational, and getting to meet many of you was an added benefit.  Our agency sends staff to man a booth at this annual event.  We are there to answer your questions and assist with any concerns you may have with your license, the Florida Barbers’ Board, or your industry.  Please look us up next year.

As a reminder, the Department of Business and Professional Regulation and the Florida Barbers’ Board are always concerned about unlicensed activity in the barbering industry.  There is a toll-free telephone number to contact if you are aware of any unlicensed activity going on in your area.  That toll-free telephone number is 1.866.532.1440, or, you may download a Uniform Complaint Form located at www.MyFloridaLicense.com > by clicking “For Consumers” > then clicking “File a Complaint Against a Business or Professional,” and then mailing it to the department once it has been completed.  We need your help in policing your area and reporting unlicensed activity to the department.  You have worked hard to obtain and maintain your license, and others should be held to the same standards.

The board has tentatively scheduled their meetings through May 2010.  Be sure to check the board meeting schedule included in this newsletter.  Should your schedule permit, please join us for a meeting.  I welcome the opportunity to meet you.

Until next time,
Robyn Barineau
Executive Director

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Helpful Reminders

• In accordance with Rule 61G3-16.010, Florida Administrative Code, if a Florida barbering student passes his or her first licensing exam, the student may work in a licensed barbershop:
• under the supervision of a licensed barber who is physically present when the student is working; and
• so long as the student posts his or her exam results and a recent photo at their station.

If a Florida barbering student fails either the written or the practical exam, he or she may not work until:

• he or she applies to the department for reexamination;
• he or she provides the salon owner with a copy of his or her reexam application and the exam authorization letter from the department or the testing vendor; and
• he or she posts exam results for both exams and a recent photo at their station.

In order to continue working, a barbering student has 180 days from the date of his or her first exam to complete both exams.  Should the student fail one or both exams a second time, the student cannot work until he or she successfully passes both exams and receives a barber license from the department.

• In accordance with Rule 61G3-19.009(2), Florida Administrative Code, a barbershop is required to display its license within view of the front entrance of the barbershop or in the waiting area. 

• In accordance with Rule 61G3-19.011(9), Florida Administrative Code, the use of a brush, comb, or other barbering tool on more than one patron without being sanitized is prohibited.

• In accordance with Rule 61G3-19.009, Florida Administrative Code, all personal licenses must have attached a 2” X 2” photo taken within the last two years of the individual whose name appears on the license.  The license and photo must be permanently laminated. 

• Prior to the change of a barbershop’s name, location or ownership, a new barbershop application must be submitted to the department, and a new license must be issued.

• Barbershop owners are responsible for ensuring that their shops are compliant with all law and rule requirements, and your operators are also in compliance with all law and rule requirements.  If a violation is detected in a shop, not only can the operator be cited for the violation, but the shop or its owner can be cited for the violation as well.

• In accordance with Rule 61G3-19.008, Florida Administrative Code, a licensed cosmetologist is authorized to work in a licensed barbershop provided the barbershop also employs a licensed barber.  You must ensure that a licensed cosmetologist working in a licensed barbershop is compliant with all law and rule requirements for the barbershop as well as the laws and rule requirements for their operator’s license.

• Fish pedicures are not allowed in cosmetology salons.  The practice is a violation of Board of Cosmetology Rule 61G5-20.002(1)(c)4., Florida Administrative Code, which prohibits animals or pets inside a salon or barbershop, with the exception of closed aquariums or trained animals to assist the hearing or visually impaired, or the physically disabled.  Additionally, the practice is a violation of Board of Cosmetology Rule 61G5-20.002(2)(g), Florida Administrative Code, which provides the requirements for sanitation and disinfection of pedicure equipment.  A violation of these rules could result in disciplinary action. 

• Be sure to maintain copies of your continuing education course completion certificates.  To access your continuing education account information via the department’s Web site, please follow these steps:

Go to www.MyFloridaLicense.com

Click on “Renew/Maintain a License”

Click on “View Continuing Ed”

Enter your User ID and PIN (this will bring you to your account summary)

Click on “Maintain/Renew this License”

Click on “View My Continuing Ed”

If you do not see that your continuing education credits have been posted to your account, contact the course provider to ensure they have properly submitted your course completion information to the department.

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Material Data Safety Sheets:

Did you know that whenever you purchase products from a supply store you can request a material data safety sheet (MSDS)?  Supply stores are required to provide you with an MSDS if you ask for one.  An MSDS will inform you of the ingredients contained in a product and the potential hazards of the product. 

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Licensee Numbers:

As of Aug. 1, 2009, the Florida Barbers’ Board has the following licensure numbers:

Barbers:   

• Current, Active:                 9,6,52
• Current, Inactive:                  180

Restricted Barbers:

• Current, Active:                    921
• Current, Inactive:                     1

Barbershops:

• Current, Active:                 2,666

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New License Application Center

In our continuing effort to provide better customer service, we have improved our web site home page and created a user-friendly application center. We hope that these changes will make it easier for you to do business with us. The new features are intended to make the Web site more user-friendly and provide simple ways for our customers to find licensing information and requirements through detailed descriptions and helpful checklists.

The changes to the Web site include: new application features with a full list of license types, a list of detailed license requirements before each application, separate entry points for applications and renewals, and a new page called "What Services Require a DBPR License," which is designed to assist consumers with determining what services require a DBPR license.

Visit us on MyFloridaLicense.com.

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eNewsroom

Check out DBPR's eNewsroom, your source for important Department news and information. Here, you can watch public service announcements, read news releases, and subscribe to and flip through our publications.

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Visit us on the Web at www.MyFloridaLicense.com