Petition for Declaratory Statement

STATE OF FLORIDA

BOARD OF COSMETOLOGY

 

PETITION FOR DECLARATORY STATEMENT BEFORE THE BOARD OF COSMETOLOGY

Petitioner YURI OLIVERA, pro se, respectfully petitions the Florida Board of Cosmetology (hereinafter “Board”) for a declaratory statement exempting the Petitioner from licensure to perform lash extensions on the ground that Petitioner has extensive knowledge of the eye.

Petitioner’ Name and Address

The Petitioner is Yuri Olivera of address [Enter Address].

Statute(s) and/or Code Section(s) relied upon

Petitioner intends to rely on the following Statute(s), and/or Code Section(s) in this Petition: Florida Statute 477.0135; Florida Statutes 120.565; and the Florida Administrative Rules 28-105.002.  

Question Presented

Petitioner asks the Board “Can the Petitioner, who is a certified Ophthalmic Technician, be allowed to perform lash extensions without going to cosmetology school as he already has an extensive knowledge of the eye?”

Circumstances

  1. Petitioner is a certified Ophthalmic Technician. 
  2. As a result of Petitioner’s experience, he has an extensive knowledge of the eye. 
  3. Petitioner intends to perform lash extensions. However, Petitioner has not gone to cosmetology school. 
  4. Petitioner therefore seeks an exemption from licensure on the ground that he already has vast experience as an ophthalmic technician and therefore has an extensive knowledge of the eye. 

The Applicable Law

  1. According to Florida Statutes 477.0135(1), certain persons who practice pursuant to their professional or occupational responsibilities and duties are not subject to the regulation of cosmetology under the said law. 
  2. It follows; according to Florida Statute 120.565, the Petitioner seeks a declaratory statement on the Board’s opinion on the applicability of the licensure requirement to Petitioner’s practice. 

Application

  1.  Petitioner is engaged in professional and/or occupational duties that are not subjected to the licensure requirements for Cosmologists. Notably, Petitioner is an ophthalmic technician, which profession does not need licensing under Florida Statutes 477.019. 
  2. Petitioner does not therefore need to attend a cosmetology school in order to perform the lash extensions. 

Summary

  1. Petitioner desires a determination that he is exempted from licensure to perform lash extensions on account of Petitioner’s occupation as an ophthalmic technician. 

Conclusion

  1.  WHEREFORE, pursuant to Florida Statute 477.0135; Florida Statutes 120.565; and the Florida Administrative Rules 28-105.002, Petitioner respectfully requests a declaration on whether Petitioner can perform lash extensions without a cosmetology license on account of Petitioner’s occupation as an ophthalmic technician.

    Respectfully submitted this _______________ day of ______________, 2022

 

CERTIFICATE OF SERVICE

 

The undersigned hereby certifies that the foregoing Petition for a Declaratory Statement has been filed with the Board at the following address:

 

Board of Cosmetology, 

P.O. Box 5377, 

Tallahassee, Florida 

32314- 5377.

 

Respectfully submitted this _______________ day of ______________, 2022

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