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
- Petitioner is a certified Ophthalmic Technician.
- As a result of Petitioner’s experience, he has an extensive knowledge of the eye.
- Petitioner intends to perform lash extensions. However, Petitioner has not gone to
cosmetology school. - 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.
IN RE:
YURI OLIVERA
The Applicable Law
- 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. - 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
- 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. - Petitioner does not therefore need to attend a cosmetology school in order to
perform the lash extensions.
Summary
- 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
- 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
YURI OLIVERA
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
YURI OLIVERA
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