Judges: Jim Smith, Attorney General Prepared by: Susan Tully, Assistant Attorney General
Filed Date: 12/9/1981
Status: Precedential
Modified Date: 7/5/2016
The Honorable Samuel R. Shorstein Secretary, Department of Professional Regulation
QUESTION:
Under the provisions of s. 476.174, F.S. and ch.
SUMMARY:
The Barber's Board may employ any reasonable means appropriate to determine whether a particular applicant for examination and licensure as a barber in this state meets the requirement of s. 476.174(1), F.S., that such applicant has held a valid license or certificate of registration as a practicing barber in another country for at least one year.
Subsection (1) of s. 476.174, F.S., provides:
Any person who is at least 17 years of age and who has held a valid license or certificate of registration as a practicing barber in another state or country for at least 1 year shall be eligible, upon payment of the required fee, to take an examination to determine his fitness to practice as a barber.
The pertinent provisions of ch.
455.201 (4) . . . the term `profession' shall also mean `occupation.'
455.10 No person shall be disqualified from practicing an occupation or profession regulated by the state solely because he is not a United States Citizen.
455.11 (1) It is the declared purpose of this section to encourage the use of foreign-speaking Florida residents duly qualified to become actively qualified in the professions so that all Florida citizens may receive better services.45.213(1) Any person desiring to be licensed shall apply to the department in writing to take the licensure examination. The application shall be made on a form prepared and furnished by the department.
455.213 (2) Upon receipt of the license fee, the department shall issue a license to any person certified by the appropriate board as having met the licensure requirements imposed by law or rule.
Prior to 1965, a person who could `prove by sworn affidavit that he or she (had) practiced as a barber in another state or country for at least five years immediately prior to making application in the State' was `eligible to take an examination to determine his or her fitness to practice as a registered barber.' Section 11, ch. 19183, 1939, Laws of Florida (s. 476.11(1)(b)(2)., F.S. 1963). This provision was deleted in 1965, with the result that currently ch. 476 contains no specific provision regarding documentation or proof of a license held in another state or country, but requires only that a barber have `held a valid license or certificate of registration as a practicing barber in another state or country for at least one year' (emphasis supplied) to become eligible, if otherwise qualified, to take an examination to determine his or her fitness to practice as a barber in Florida. Section 476.174(1), F.S. The statute does not prescribe any method to establish or prove such prior licensure and does not require production of the foreign license or certificate.
Barbers having held a valid license or certificate of registration as a practicing barber for one year or more in a country other than the United States receive the protection afforded by ss.
While ss.
Reading ss. 476.174(1) and
Prepared by: Susan Tully, Assistant Attorney General