Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: CAP OF MERRITT ISLAND, INC., D/B/A A TOTAL LOOK
Judges: DANIEL MANRY
Agency: Department of Business and Professional Regulation
Locations: Viera, Florida
Filed: Jun. 01, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, August 9, 2005.
Latest Update: Dec. 25, 2024
STATE OF FLORIDA on a
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION = ot
COSMETOLOGY BOARD
2005 JUN -1 AIk 5)
DEPARTMENT OF BUSINESS AND Sl.
PROFESSIONAL REGULATION, MEY
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Petitioner,
vs. Case No. 2004-011126
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CAP OF MERRITT ISLAND, INC. d/b/a A Total Look, +)
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION (“Department”), files this Administrative Complaint before the Board of
Cosmetology, against CAP OF MERRITT ISLAND, INC., (“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 1111 N. Banana River Drive, Merritt
Island, Florida 32953.
3, At all times material hereto, Respondent was licensed as a
cosmetology salon in the State of Florida, holding license number CE 72426.
4. On or about February 24, 2004, Petitioner Inspector, Pat Hasley,
conducted a routine inspection of Respondent cosmetology salon.
5. During the inspection, Petitioner Inspector observed Jeffery Pennington
cutting and styling a customer’s hair.
6. During the inspection, the owner of the salon admitted to the inspector that
Pennington worked at Respondent salon.
7. A cosmetologist and the practice of cosmetology is defined in sections
477.013(3) and 477.013(4), Florida Statutes, which states in pertinent part:
(1) “Cosmetologist” means a person who is licensed to engage in the practice of
cosmetology in this state under the authority of this chapter.
(2) “Cosmetology” means the mechanical or chemical treatment of the head, face,
and scalp for aesthetic rather than medical purposes, including, but not limited
to, hair shampooing, hair cutting, hair arranging, hair coloring, permanent
waving, and hair relaxing for compensation.
8. Section 477.0265(1)(b)2, Florida Statutes, states that it is unlawful to
“(o]wn, operate, maintain, open, establish, conduct, or have charge of, either alone or
with another person or persons, a cosmetology salon or specialty salon: in which a person
not licensed or registered as a cosmetologist or a specialist is permitted to perform
cosmetology services or any specialty.”
9. Based on the foregoing, Respondent violated section 477.0265(1)(b)2,
Florida Statutes by employing someone without a cosmetology license, and is thereby
subject to discipline pursuant to sections 477.029(1)(h) and (2), Florida Statute
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.
SIGNED this 264, of Zl wack
eke Dud
Charles F. Tunnicliff
Chief Professions Attorney
Attorney for Petitioner:
Charles F. Tunnicliff
Chief Professions Attorney
Florida Bar No. 153831
Department of Business and
Professional Regulation
1940 North Monroe Street
Tallahassee, Florida 32399-2202
Phone: (850) 487-9656
Facsimile: (850) 414-6749
CFT/jbm
Case # 2004-011126
February 24, 2005
(GQ 3-26 05 CF
, 2005.
“ F | L jonal Regulativti
epartment of Business and Professiona
AGENCY CLERK
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Docket for Case No: 05-001984
Issue Date |
Proceedings |
Aug. 09, 2005 |
Order Closing Files. CASE CLOSED.
|
Aug. 08, 2005 |
Notice of Voluntary Dismissal filed.
|
Jul. 15, 2005 |
Petitioner`s Witness List filed.
|
Jul. 15, 2005 |
Petitioner`s Exhibit List filed (exhibits not available for viewing).
|
Jul. 12, 2005 |
Letter to Judge Quattlebaum from C. Pennington advising of List of Witnesses and Exhibits filed.
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Jun. 16, 2005 |
Order of Consolidation (consolidated cases are: 05-1984 and 05-1985).
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Jun. 16, 2005 |
Notice of Hearing (hearing set for August 10, 2005; 9:00 a.m.; Viera, FL).
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Jun. 16, 2005 |
Order of Pre-hearing Instructions.
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Jun. 09, 2005 |
Response to Initial Order filed by Petitioner.
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Jun. 09, 2005 |
Response to Initial Order filed.
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Jun. 01, 2005 |
Election of Rights filed.
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Jun. 01, 2005 |
Administrative Complaint filed.
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Jun. 01, 2005 |
Agency referral filed.
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Jun. 01, 2005 |
Initial Order.
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