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.
    IN RE:
    YURI OLIVERA

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


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

At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )