FILED Department. of Business ard Professional Regulation STATE OF FLORIDA Deputy Agency Clerk DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT ] CLERK — Evette Lawson-Proctor Date 1/14/2013 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2012-002601 ANGEL D. ARROYO, Respondent. ADMINISTRATIVE COMPLAINT Department of Business and Professional Regulation (Petitioner), files this Administrative Complaint before the Barbers’ Board (Board), against Angel D. Arroyo (Respondent), and alleges: Petitioner is the state agency charged with regulating the practice of barbering pursuant to Section 20.165, Florida Statutes (2012), and Chapters 455 and 476, Florida Statutes (2012). 2. At all times material to this Complaint, Respondent was licensed as a barber within the State of Florida, having been issued license number BB 8894942. 3. Respondent's address of record is 6528 View Point Ct, Orlando, FL 32810. FINDINGS OF FACT 4. On or about May 9, 2011, Respondent submitted an application for licensure to the Florida Barbers’ Board for a license as a barber. 5. The Florida Barbers’ Board requires that applicants for a barber license certify successful completion of the required training for the level of licensure, registration, or certification sought prior to the Florida Barber’s Board granting licensure. 6. The Florida Barbers’ Board requires that applicants obtain 1,200 hours of training at an approved school prior to licensure as a barber. 7. Included with Respondent’s Florida licensure application, Respondent submitted documentation allegedly prepared by Educational Perspectives, purporting to certify that Respondent received the required training from Caribbean Beauty and Technical Institute to qualify for a barber’s license in the state of Florida. 8. Evaluation report (reference number 001) prepared by the Education Perspectives indicated that Respondent completed 1350 hours at the Caribbean Beauty and Technical Institute in Puerto Rico in 2004. 9. On or about December 19, 2011, the Department received documentation from Kenneth Warren, President of Education Perspectives, alleging that Respondent’s Evaluation Report was not completed by Educational Perspectives. 10. Respondent submitted falsified documentation indicating that he received the required training at an approved school when Respondent applied for a license. be Based on the falsified documentation, Respondent was licensed by the Florida Department of Business and Professional Regulation as a barber on May 13, 2011. CONCLUSIONS OF LAW Count One 12. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through eleven (11) as though fully set forth herein. 13. Section 476.204(1) (e), Florida Statutes (2012), provides that “[i]Jt is unlawful for any person to...[g]live false or forged evidence to the department in obtaining any license provided in this chapter.” 14. Respondent submitted documentation allegedly prepared by Educational Perspectives, purporting to certify that Respondent received the required training from Caribbean Beauty and Technical Institute to qualify for a barber’s license in the state of Florida. 5. Respondent submitted falsified evaluation report from Educational Perspectives, which never created an evaluation report for Respondent, in obtaining his barber’s license. 6. Based on the facts set forth above, Respondent violated Section 476.204(1)(e), Florida Statutes (2012), by submitting falsified evaluation report from Educational Perspectives, which never created an evaluation report for Respondent, in obtaining his barber’s license. Count Two 17. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through eleven (11) as though fully set forth herein. 18. Section 455.227(1) (h), Florida Statutes (2011), provides that: [A] ttempting to obtain, obtaining, or renewing a license to practice a profession by bribery, by fraudulent misrepresentation, or through an error of the department or board constitutes grounds for disciplinary action. 19. Respondent obtained, or attempted to obtain, a license to practice barbering in the State of Florida, by fraudulently misrepresenting possession of the training required for licensure. 20. Based on the facts set forth above, Respondent violated Section 455.227(1)(h), Florida Statutes (2011), by attempting to obtain, obtaining, or renewing a license to practice a profession by bribery, by fraudulent misrepresentation, or through an error of the department or board. Count Three 21. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through eleven (11) as though fully set forth herein. 22. Section 476.194(1) (d), Florida Statutes (2011), provides that “[i]lt is unlawful for any person to...[o]btain or attempt to obtain a license for money, other than the required fee, or any other thing of value or by fraudulent misrepresentations.” 23. Respondent obtained or attempted to obtain a license or registration in Florida by fraudulently misrepresenting possession of the training required for licensure. 24. Based on the foregoing, Respondent violated Section 476.194(1) (d), Florida Statutes (2012), by seeking to obtain a license through fraudulent misrepresentations. WHEREFORE, Petitioner respectfully requests that the Barbers’ Board enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent’s license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, assessment of costs, corrective action and/or any other relief that the Board deems appropriate. PC Date: PC By: Signed this 3rd day of January, 2013. 1/3/13 Belicha Desgraves KEN LAWSON, Secretary Department of Business and Professional Regulation Belicha Desgraves Belicha Desgraves Assistant General Counsel Florida Bar No. 0097872 Office of the General Counsel 1940 N. Monroe St., Ste. 42 Tallahassee, FL 32399-2202 (850) 717-1771 Telephone (850) 414-6749 Facsimile NOTICE OF RIGHTS PLEASE BE ADVISED that mediation under Section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action. PLEASE BE FURTHER ADVISED that Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within 21 days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 455.227(3) (a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against the Respondent in addition to any other discipline imposed.

Docket for Case No: 13-000583PL