H. CARSWELL, )
)
Respondent. )
)
RECOMMENDED ORDER
After due notice a public hearing was held before Delphene Strickland, Hearing Officer, Department of Administration, Division of Administrative Hearings, on Wednesday, June 11, 1975, at 10:00 a.m. at Room 315, Carlton Building, Tallahassee, Florida.
APPEARANCES:
For Petitioner: John S. Miller, Counsel for Complainant
LaCapra, Miller and Wiser Post Office Box 10137 Tallahassee, Florida 32301
E. H. Johnson, Inspector
State Board of Barbers' Sanitary Commission
174 Mango Street Pensacola, Florida 32503
For Respondent: Benjamin W. Redding, Counsel for Respondent Barron, Redding, Boggs & Hughes
Post Office Box 1648
Panama City, Florida 32401
R. H. Carswell, Respondent Carswell's Marina Barber Shop City Marina
Panama City, Florida 32401
Juanita Prater, Witness for Respondent Carswell's Marina Barber Shop
City Marina
Panama City, Florida 32401 ISSUE
Whether Respondent's license should he revoked, annulled, withdrawn or suspended for employment of an unlicensed barber in a barber shop in violation of Section 476.01(5), Florida Statutes, and Section 476.24(6), Florida Statutes.
FINDINGS OF FACT
Mr. R. H. Carswell, the Respondent, is the owner-operator and manager of Carswell's Marina Barber Shop, City Marina, Panama City, Florida.
The subject shop has a sign denoting the fact that there is a beauty shop and a barber shop in the building.
(a) A floor plan has been submitted to the Florida State Board of Barbers' Sanitary Commission as required by Section 472.24(6), Florida Statutes, to partition a barber shop section from a beauty shop section.
No approval of said plan has been issued in writing.
A plexiglass partition separates the barber area from the cosmetology area.
There was a person working in subject barber shop who is a licensed cosmetologist but is not licensed as a barber. This person has been practicing the art of cosmetology.
There are persons working in subject barber shop who are not practicing the art of barbering.
CONCLUSIONS OF LAW
Section 476.01(5), Florida Statutes, prohibits the practice of barbering without a license. Respondent did not allow an unlicensed person to practice barbering.
Section 476.01(5), Florida Statutes, does not prohibit the practice of cosmetology in a barber shop. The person in question employed in the shop was a licensed cosmetologist.
Section 476.24(6), Florida Statutes, requires a partition to be erected between a barber shop and any other business.
Nan's Look, Inc. v. Florida Barbers' Sanitary Commission, Fla. App. 292 So 2d 387 considered whether a solid ceiling height partition should be required to separate the barber and the cosmetologist. The court quashed the Commission's order of suspension which had found petitioner guilty of violating Section 476.24(6), Florida Statutes, in that "(T)here is no solid, ceiling height partition separating the Barber and the Cosmetologist".
Under the foregoing interpretation of the intent of the statute the partition erected by Respondent is sufficient to meet the requirements of said statute.
