Running a Cosmetology Salon in Florida requires strict compliance with the Florida Board of Cosmetology and the Department of Business and Professional Regulation (DBPR). Your license and business may be at risk if you have received a DBPR Administrative Complaint for violating F.S. 477.029(1)(i) and specific sections of Rule 61G5-20.002. Violations related to salon cleanliness, proper ventilation, storage of equipment, and compliance with sanitation regulations can result in significant fines, license suspension, or even business closure.
At Elevate Legal Services, PLLC, we specialize in defending salon owners, Cosmetologists, and beauty industry professionals facing DBPR Administrative Complaints and disciplinary actions. If you have received a Notice of Violation from DBPR, acting quickly to protect your business and professional license is essential.
Call Elevate Legal Services, PLLC today at 561-770-3335 or email [email protected] to discuss your case and secure strong legal representation.
Understanding Florida Statute 477.029(1)(i) and Rule 61G5-20.002
Florida Statute 477.029(1)(i): Violations of Cosmetology Salon Requirements
Florida Statute 477.029(1)(i) states that it is unlawful for any person to operate a cosmetology salon in violation of the Board of Cosmetology’s established rules and regulations.
This means that all licensed salons in Florida must comply with strict regulations regarding cleanliness, safety, sanitation, and operational standards. Violations of these laws can result in fines, license suspension, or revocation.
What is Rule 61G5-20.002?
Rule 61G5-20.002 outlines specific requirements for the operation of cosmetology salons in Florida. The following subsections are commonly cited in DBPR Administrative Complaints:
- Rule 61G5-20.002(3)(a): Salon Licensing Requirements
- Requires all salons to be licensed and to comply with DBPR salon regulations.
- Rule 61G5-20.002(3)(d): General Sanitation and Safety
- Establishes cleanliness and sanitation standards for workstations, tools, and salon facilities.
- Rule 61G5-20.002(3)(d)1: Storage of Equipment and Implements
- Requires proper storage of tools, chemicals, and salon equipment.
- Rule 61G5-20.002(3)(d)3.b.: Proper Disposal of Waste and Hair Clippings
- Mandates correct waste disposal and prohibits the accumulation of hair clippings in work areas.
- Rule 61G5-20.002(3)(g): Salon Hygiene Standards
- Requires salons to maintain clean, sanitary workstations and restroom facilities.
- Rule 61G5-20.002(3)(g)4: Adequate Ventilation
- Requires salons to have proper ventilation to remove chemical fumes and odors.
Common Violations of Florida Statute 477.029(1)(i) and Rule 61G5-20.002
1. Operating Without a Valid Cosmetology Salon License
- Running a salon without an active DBPR-issued license.
- Continuing business after a salon license has expired or been revoked.
- Allowing unlicensed individuals to perform cosmetology services.
2. Failing to Maintain Proper Sanitation and Cleanliness (61G5-20.002(3)(d))
- Not cleaning workstations, sinks, or styling chairs between clients.
- Allowing dirty or used tools, combs, or brushes to be reused.
- Failing to disinfect nail tools, clippers, or facial equipment properly.
3. Improper Storage of Linens (61G5-20.002(3)(a))
- Failing to store clean towels and linens in a closed, dustproof cabinet.
- Leaving used or soiled linens exposed instead of placing them in a closed, labeled container.
- Using the same towel on multiple clients without washing and disinfecting.
4. Failure to Properly Store and Label Chemicals
- Keeping chemical products in unapproved or unlabeled containers.
- Storing flammable products near heat sources or electrical equipment.
- Using expired or contaminated products on clients.
5. Improper Waste Disposal and Hair Clipping Removal (61G5-20.002(3)(d)1)
- Allowing hair clippings to accumulate on floors and workstations.
- Failing to sweep and dispose of hair clippings immediately after each client.
- Improperly disposing of chemical waste, creating health hazards.
6. Non-Compliant Shampoo Bowl Requirements (61G5-20.002(3)(d)3.b.)
- Not having a functioning shampoo bowl with hot and cold running water.
- Using a sink that is not designated for hair washing instead of a proper shampoo station.
- Failing to clean and disinfect shampoo bowls between client uses.
7. Inadequate Ventilation and Air Quality (61G5-20.002(3)(d)1)
- Operating a salon with poor ventilation, leading to excessive fumes from hair and nail products.
- Failing to provide proper ventilation in areas where chemical treatments are performed.
8. Allowing Animals in the Salon (61G5-20.002(3)(g))
- Allowing pets or animals inside the salon, except for service animals.
- Failing to separate service animals from areas where cosmetology services are performed.
Consequences of Violating Florida Statute 477.029(1)(i) and Rule 61G5-20.002
- Fines ranging from $500 to $5,000 per violation.
- License suspension or revocation of your salon or cosmetology license.
- Cease-and-desist orders, requiring immediate closure of your salon until compliance is met.
- Public disciplines recorded on your professional license.
- Potential lawsuits if clients suffer harm due to sanitation violations.
How to Defend Against a DBPR Administrative Complaint
If you receive a DBPR Notice of Violation, follow these steps:
1. Review the Complaint and Gather Evidence
- Identify the specific violations listed in the complaint.
- Gather sanitation logs, employee training records, and salon maintenance receipts.
- Don’t submit a written or oral response without consulting an attorney.
2. Correct Any Deficiencies Immediately
- Address all sanitation and ventilation issues.
- Ensure all disinfectants, linens, and chemicals are properly stored and labeled.
3. Contact an Experienced DBPR Defense Attorney
At Elevate Legal Services, PLLC, we provide aggressive legal representation for salon owners and beauty professionals facing DBPR complaints. Our legal team will:
- Challenge false or exaggerated allegations.
- Negotiate penalty reductions or alternative discipline.
- Represent you in DBPR hearings and administrative proceedings.
Call us at 561-770-3335 or email [email protected] for immediate legal assistance.
Final Thoughts: Protect Your Salon Business Today
If you are accused of violating F.S. 477.029(1)(i) or Rule 61G5-20.002, your salon license and business reputation are at risk. Ignoring a DBPR Administrative Complaint could lead to significant financial penalties or permanent license revocation.
At Elevate Legal Services, PLLC, we have successfully defended cosmetologists, estheticians, and salon owners in DBPR administrative cases.
If you need a strong legal defense, call us at 561-770-3335 or email [email protected] today. We are here to fight for your business and protect your future.
