(1) The following acts constitute grounds for which disciplinary action specified in subsection (2) may be taken by the department against any tattoo establishment, temporary establishment, tattoo artist, guest tattoo artist, operator of a tattoo establishment, or unlicensed person engaged in activities regulated under ss. 381.00771-381.00791:
(a) Providing false information on an application for licensure or registration.
(b) Violating a state or local health code or ordinance.
(c) Violating any provision of ss. 381.00771-381.00791, rule adopted under those sections, or lawful order of the department.
(d) Being found guilty of or pleading nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of tattooing or the operation of a tattoo establishment or temporary establishment.
(e) Committing fraud, deceit, negligence, or misconduct in the practice of tattooing or the operation of a tattoo establishment or temporary establishment.
(f) Aiding, procuring, or assisting a person to unlawfully practice tattooing or unlawfully operate a tattoo establishment or temporary establishment.
(g) Failing to keep the written notarized consent of the parent or legal guardian of a minor child who is tattooed at a tattoo establishment or temporary establishment for the period specified pursuant to s. 381.00779(3) or knowingly making false entries in a parent’s or legal guardian’s written notarized consent.
(2) When the department determines that a person commits any of the acts set forth in subsection (1), the department may enter an order imposing one or more of the following penalties:
(a) Refusal to issue a license or registration or renew a license.
(b) Suspension or revocation of a license or registration.
(c) Imposition of an administrative fine not to exceed $1,500 for each count or separate violation.
(d) Issuance of a reprimand.
(e) Placement of the licensee or registrant on probation for a specified period and subject to the conditions that the department may specify.
(f) Issuance of a stop-use order.
(g) Corrective action.
(3) The department shall impose stricter penalties for the repetition of violations and as the severity of violations escalate, distinguishing lesser violations from those that endanger the public health.
(4) Disciplinary proceedings shall be conducted as provided in chapter 120.
History.—s. 7, ch. 2010-220.
Structure Florida Statutes
Chapter 381 - Public Health: General Provisions
381.001 - Public Health System.
381.0011 - Duties and Powers of the Department of Health.
381.0012 - Enforcement Authority.
381.0016 - County and Municipal Regulations and Ordinances.
381.0018 - Application for and Acceptance of Gifts or Grants.
381.0019 - Disposition of Equipment and Material; Transfers to County Health Departments.
381.002 - Grant of Title to Prescriptive Medical Personal Property to Client.
381.0021 - Client Welfare Accounts.
381.0022 - Sharing Confidential or Exempt Information.
381.003 - Communicable Disease and AIDS Prevention and Control.
381.0031 - Epidemiological Research; Report of Diseases of Public Health Significance to Department.
381.00315 - Public Health Advisories; Public Health Emergencies; Isolation and Quarantines.
381.00316 - Covid-19 Vaccine Documentation.
381.00317 - Private Employer Covid-19 Vaccination Mandates Prohibited.
381.00319 - Prohibition on Covid-19 Vaccination Mandates for Students.
381.0034 - Requirement for Instruction on HIV and Aids.
381.0038 - Education; Sterile Needle and Syringe Exchange Programs.
381.0039 - Oversight of AIDS Education Programs.
381.0041 - Donation and Transfer of Human Tissue; Testing Requirements.
381.0042 - Patient Care for Persons With HIV Infection.
381.0043 - Blood Donor Protection Act; Blood and Blood Component Donors; Confidentiality.
381.0045 - Targeted Outreach for Pregnant Women.
381.0046 - Statewide HIV and AIDS Prevention Campaign.
381.005 - Primary and Preventive Health Services.
381.0053 - Comprehensive Nutrition Program.
381.0055 - Confidentiality and Quality Assurance Activities.
381.0056 - School Health Services Program.
381.0057 - Funding for School Health Services.
381.0059 - Background Screening Requirements for School Health Services Personnel.
381.00591 - Department of Health; National Environmental Laboratory Accreditation; Application.
381.00593 - Public School Volunteer Health Care Practitioner Program.
381.006 - Environmental Health.
381.0061 - Administrative Fines.
381.0062 - Supervision; Private and Certain Public Water Systems.
381.0063 - Drinking Water Funds.
381.0065 - Onsite Sewage Treatment and Disposal Systems; Regulation.
381.00651 - Periodic Evaluation and Assessment of Onsite Sewage Treatment and Disposal Systems.
381.00652 - Onsite Sewage Treatment and Disposal Systems Technical Advisory Committee.
381.0066 - Onsite Sewage Treatment and Disposal Systems; Fees.
381.0072 - Food Service Protection.
381.0075 - Regulation of Body-Piercing Salons.
381.00771 - Definitions of Terms Used in Ss. 381.00771-381.00791.
381.00773 - Application of Ss. 381.00771-381.00791; Exemption.
381.00775 - Tattoo Artists; Licensure; Registration of Guest Tattoo Artists.
381.00777 - Tattoo Establishments; Licensure; Temporary Establishments.
381.00779 - Practice Requirements.
381.00781 - Fees; Disposition.
381.00783 - Grounds for Discipline; Administrative Penalties.
381.00785 - Criminal Penalties.
381.00787 - Tattooing Prohibited; Penalty.
381.00791 - Local Laws and Ordinances.
381.008 - Definitions of Terms Used in Ss. 381.008-381.00897.
381.0082 - Application for Permit to Operate Migrant Labor Camp or Residential Migrant Housing.
381.0083 - Permit for Migrant Labor Camp or Residential Migrant Housing.
381.0084 - Application Fees for Migrant Labor Camps and Residential Migrant Housing.
381.0085 - Revocation of Permit to Operate Migrant Labor Camp or Residential Migrant Housing.
381.0086 - Rules; Variances; Penalties.
381.0087 - Enforcement; Citations.
381.00893 - Complaints by Aggrieved Parties.
381.00895 - Prohibited Acts; Application.
381.00896 - Nondiscrimination.
381.00897 - Access to Migrant Labor Camps and Residential Migrant Housing.
381.009 - Toilets Required by Department Regulations; Charge for Use of Prohibited.
381.0101 - Environmental Health Professionals.
381.0201 - Technical and Support Services.
381.0202 - Laboratory Services.
381.02035 - Canadian Prescription Drug Importation Program.
381.0205 - Emergency Medical Services.
381.026 - Florida Patient’s Bill of Rights and Responsibilities.
381.0261 - Summary of Patient’s Bill of Rights; Distribution; Penalty.
381.028 - Adverse Medical Incidents.
381.0303 - Special Needs Shelters.
381.0402 - Area Health Education Center Network.
381.0405 - Office of Rural Health.
381.0406 - Rural Health Networks.
381.04065 - Rural Health Network Cooperative Agreements.
381.0601 - Self-Derived and Directed-Donor Blood Programs.
381.06014 - Blood Establishments.
381.06015 - Public Cord Blood Tissue Bank.
381.06016 - Umbilical Cord Blood Awareness.
381.4018 - Physician Workforce Assessment and Development.
381.4019 - Dental Student Loan Repayment Program.
381.40195 - Donated Dental Services Program.
381.735 - Office of Minority Health and Health Equity.
381.7351 - Short Title; Closing the Gap Act.
381.7352 - Legislative Intent.
381.7355 - Project Requirements; Review Criteria.
381.7356 - Local Matching Funds; Grant Awards.
381.739 - Short Title; Charlie Mack Overstreet Brain or Spinal Cord Injuries Act.
381.7395 - Legislative Intent.
381.74 - Establishment and Maintenance of a Central Registry.
381.745 - Definitions; Ss. 381.739-381.79.
381.75 - Duties and Responsibilities of the Department.
381.755 - Benefits Not Assignable.
381.76 - Eligibility for the Brain and Spinal Cord Injury Program.
381.765 - Retention of Title to and Disposal of Equipment.
381.775 - Applicant and Recipient Records; Confidential and Privileged.
381.78 - Advisory Council on Brain and Spinal Cord Injuries.
381.785 - Recovery of Third-Party Payments for Funded Services.
381.79 - Brain and Spinal Cord Injury Program Trust Fund.
381.815 - Sickle-Cell Program.
381.82 - Ed and Ethel Moore Alzheimer’s Disease Research Program.
381.84 - Comprehensive Statewide Tobacco Education and Use Prevention Program.
381.853 - Florida Center for Brain Tumor Research.
381.8531 - Florida Center for Brain Tumor Research; Public Records Exemption.
381.86 - Institutional Review Board.
381.88 - Emergency Allergy Treatment.
381.885 - Epinephrine Auto-Injectors; Emergency Administration.
381.887 - Emergency Treatment for Suspected Opioid Overdose.
381.89 - Regulation of Tanning Facilities.
381.895 - Standards for Compressed Air Used for Recreational Diving.
381.91 - Jessie Trice Cancer Prevention Program.
381.911 - Prostate Cancer Awareness Program.
381.915 - Casey Desantis Cancer Research Program.
381.922 - William G. “Bill” Bankhead, jr., and David Coley Cancer Research Program.
381.92201 - Exemptions From Public Records and Public Meetings Requirements; Peer Review Panels.
381.925 - Cancer Center of Excellence Award.
381.93 - Breast and Cervical Cancer Early Detection Program.
381.931 - Annual Report on Medicaid Expenditures.
381.9312 - Uterine Fibroid Research Database; Education and Public Awareness.
381.9315 - Gynecologic and Ovarian Cancer Education and Awareness.
381.932 - Breast Cancer Early Detection and Treatment Referral Program.
381.933 - Mammography Reports.
381.95 - Medical Facility Information Maintained for Terrorism Response Purposes; Confidentiality.
381.96 - Pregnancy Support and Wellness Services.
381.981 - Health Awareness Campaigns.
381.984 - Educational Programs.
381.986 - Medical Use of Marijuana.