STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIO BARBERS' BOARD DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No. 2005-027096 PROFESSIONAL BARBER SHOP, O (c l 2 ¥f Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ("Department"), files this Administrative Complaint before the Barbers' Board, against PROFESSIONAL BARBER SHOP ("Respondent"), and says: 1, Petitioner is the state agency charged with regulating the practice of barbering pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 476, Florida Statutes, and the rules promulgated thereto. 2, ° Respondent's address of record is 3520 W. Broward Boulevard, Suite 101, Fort Lauderdale, Florida 33313. 3. At all times pertinent, Respondent is currently licensed as a Barbershop in the State of Florida, with license number BS 12380. 4, On or about May 12, 2005, Petitioner’s inspector, Cheryl McDonnough, conducted an inspection of Respondent shop. 5. During the inspection, Petitioner’s inspector observed that sanitized and unsanitized items were intermingled in the same drawer. 6. Rule 61-G3 19,011(15), Florida Administrative Code, in pertinent part states that drawers and shelves used for sanitized items “[sJhall not be used for storage of non-related barbering equipment or supplies.” 7. During the inspection, Petitioner’s inspector observed that combs and brushes were not sanitized after servicing each patron. 8. Rule 61-G3 19.011(9), Florida Administrative Code, in pertinent part states that “Tt]}he use of a brush, comb, or other barbering tool on more than one patron without being sanitized is prohibited.” 9. During the inspection, Petitioner’s inspector observed that the wet sanitizers needed to be changed. 10, Rule 61-G3 19.011(2)(e), Florida Administrative Code, in pertinent part states that a barber shop must maintain [a]ll equipment used to perform barbering services on the premises in a safe and sanitary condition.” 11. During the inspection, Petitioner’s inspector observed that all barbering tools were not being cleansed and sanitized with an EPA registered disinfectant. 12. Rule 61-G3 19.011(11)(a), Florida Administrative Code, in pertinent part states that all barbering tools must be “[iJmmersed in a disinfectant registered with the Environmental Protection Agency (EPA) as a bacterial, virucidal and fungicidal disinfectant and approved by that agency.” 13. During the inspection, Petitioner’s inspector observed that there was excessive hair in drawers where sanitized equipment was stored. 14. Rule 61-G3 19.011(11)(d), Florida Administrative Code, in pertinent part states that properly sanitized items shall “[b]e placed and kept in a clean, closed cabinet or container until next | ready for use.” 15. | Based on the foregoing, Respondent violated Section 476.204(1)(i), Florida Statutes, by intermingling sanitized and unsanitized items in the same drawer, failing to sanitize combs and brushes after servicing each patron, failing to maintain equipment properly, failing to clean and sanitize tools with an EPA registered disinfectant and failing to keep excess hair out the drawers containing sanitary equipment, and is therefore subject to disciplinary action by the Barbers’ Board pursuant to Section 476.204(2), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Barbers' Board 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 for a period of time and subject to such reasonable conditions as the Board may specify, and or any other relief which the Board deems appropriate. SIGNED this 22-N lay of ela couy , 2006. Wb 2-2 CHARLES F, TUNNICLIFF Chief Attorney for Professions Office of the General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Phone: (850) 487-9565 Facsimile: (850) 414-6749 FL Bar No.: 153831 FILED Oepartment of Business and Professional Regulation AGENCY CLERK ' CFT/sls February 8, 2006 : Case # 2005-027096 CLERK Soqth 2. Woman pc Cw L-2t- 06 parr_3 78" ZOD

Docket for Case No: 06-001281