are 7 for STATE OF FLORIDA of DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION COSMETOLOGY BOARD CNT 12 Fong DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2004-008153 we SKYWAY HAIR SALON, 0 | | t Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (“Department”), files this Administrative Complaint before the Board of Cosmetology, against SKYWAY HAIR SALON (“Respondent”), and says: 1. Petitioner is the state agency charged with regulating the practice of cosmetology pursuant to section 20.165, Florida Statutes, and Chapters 455 and 477, Florida Statutes, and the rules promulgated thereto. 2. Respondent’s address of record is 1204 — 28th Street South, St. Petersburg, Florida 33712. 3. At all times material hereto, Respondent was licensed as a cosmetology Salon by the State of Florida, holding license CE 9953455. 4. On or about January 28, 2004, Petitioner Inspector, John Miranda, conducted a routine inspection of Respondent salon, located at 1204 — 28th Street South, St. Petersburg, Florida 33712. 5. During the inspection, Petitioner Inspector observed Respondent salon did not have a wet sanitizer. 6. During the inspection, Petitioner Inspector discussed the lack of the wet sanitizer with the salon owner’s son, Bruce Walker II. (See Petitioner’s Exhibit 5) 7. Rule 61G5.20.002(2)(d), Florida Administrative Code, states that each salon shall “be equipped with and utilize wet sanitizers with hospital level disinfectant or EPA approved disinfectant, sufficient to allow for disinfecting practices.” 8. Based on the foregoing, Respondent violated rule 61G5.20.002(2)(d), Florida Administrative Code, by failing to have a wet sanitizer in the salon and is thereby subject to discipline pursuant to Sections 477.029(1)(i) and (2), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Board of Cosmetology to enter a Final Order imposing one or more of the following penalties: imposition of an administrative fine, revocation or suspension of the Respondent's license, issuance of a reprimand, placement of the Respondent on probation, restriction of Respondent's practice, and or any other relief which the Board deems appropriate. cdi SIGNED this JQ _day of a , 2004. FILED Sluw Department of Business and Professional Regusation DEPUTY CLERK Susan Wilkinson 7) 4: | } Assistant General Counsel ore _Z- 1A- AOOT Attorney for Petitioner: Susan Wilkinson Florida Bar No. 0686743 _ Assistant General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Phone: (850) 487-8435 Facsimile: (850) 414-6749 SW/tah June 10, 2004 Case # 2004-008153 POO Dole WF2-C%

Docket for Case No: 04-004114