Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: SOUTHLAND BARBER SHOP
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: Jan. 11, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, July 7, 2006.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, .
BARBERS' BOARD om
t,
~ G
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
vs. Case No. 2005-024353
Ob-O| as
SOUTHLAND BARBER SHOP,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
_ ("Department"), files this Administrative Complaint before the Barbers’ Board, against
SOUTHLAND 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 983 State Road 84, Fort Lauderdale, Florida
33152.
3. At all times pertinent, Respondent is currently licensed as a Barbershop in the State
of Florida, with license number BS 9884.
4, On or about April 25, 2005, Petitioner Inspector, Cheryl McDonnough, conducted a
routine inspection of Respondent barbershop.
5. During the inspection, Petitioner ‘Inspector observed only one (1) sink and four (4)
barber chairs.
6. Rule 61G3-19.011(6), Florida Administrative Code, in pertinent part states that
“[t]he barber shop must have one sink for each two barber chairs and such sink shall be installed in
the most convenient place for the chairs. All such sinks must be adequate for the shampooing of
hair.”
7. During the inspection, Petitioner Inspector observed an accumulation of hair in the
workstation drawers and on the stored barbering tools.
8. Rule 61G3-19.011(15), Florida Administrative Code, in pertinent part states that
“[s]tyling stations, styling bars, back bars, dresserettes, or working stations must be kept clean at all
times to the sight and touch. All drawers and shelves of the above being used for the storage of
rollers, brushes, combs, pins, nets, and equipment must have proper sanitation, and shall not be
used for storage of nonrelated barbering equipment or supplies.”
9. During the inspection, Petitioner Inspector observed that unsanitized items were
stored in drawers with clean items.
10. Rule 61G3-19.011(11)(d), Florida Administrative Code, in pertinent part states that
all barbering tools used shall be free from hair, cleansed and “[tJhe razor, scissors, tweezers, combs,
rubber discs or parts of vibrators shall then be placed and kept in a clean, closed cabinet or
container until next ready for use. Storage in an ultraviolet ray sanitizing cabinet is preferred.”
11. Section 476.204(1)q), Florida Statutes, states that it is unlawful for any person to
“[vjiolate or refuse to comply with any provision of this chapter or chapter 455 or a rule or final
order of the board.”
12. Based on the foregoing, Respondent violated Section 476.204(1)(), Florida Statutes,
by not having the proper sink to chair ration, by having an accumulations of hair in the workstation
drawers and on stored barbering tools, and by storing unsanitized items with sanitized items, and is
therefore subject to disciplinary action by the Barbers’ Board pursuant to section 476.204(2).
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 29 say of Qoclen ber , 2005.
Onn DLR
Cameron Dougherty
Legal Intern
-~FELED
a Napariment of Business and Professional Regulation
Attorney for Petitioner: - +. AGENCY CLERK
Cameron Dougherty
Legal Intern
Office of the General Counsel
Department of Business and Professional Regulations CLERK Su ra . (J ay er ay
1940 North Monroe Street i] - / -20 oO om
Phone: (850) 487-8435 vate_l@ “/ (200)
Facsimile: (850) 414-6749
CCD/dag
September 16, 2005
Case Number: 2005-024353
PCO GET G-2S -05
Docket for Case No: 06-000135
Issue Date |
Proceedings |
Jul. 07, 2006 |
CASE STATUS: Hearing Held. |
Jul. 07, 2006 |
Order Closing File. CASE CLOSED.
|
Jul. 05, 2006 |
Order Allowing Matt Yeager to Appear as a Qualified Representative on Behalf of Petitioner.
|
Jun. 29, 2006 |
Affidavit of Matt Yeager filed.
|
Jun. 29, 2006 |
Petitioner`s Motion to Accept Qualified Representative filed.
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Jun. 28, 2006 |
Petitioner`s Witness List filed.
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Jun. 28, 2006 |
Petitioner`s Exhibit List filed.
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May 19, 2006 |
Order Re-scheduling Hearing by Video Teleconference (video hearing set for Juy 7, 2006; 9:00 a.m.; Lauderdale, Lakes and Tallahassee, FL).
|
May 17, 2006 |
Response to Order Granting Continuance filed.
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Mar. 20, 2006 |
Dates of Availability filed by Respondent.
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Mar. 15, 2006 |
Order Granting Continuance and Placing Case in Abeyance (parties to advise status by April 14, 2006).
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Mar. 14, 2006 |
Petitioner`s Motion for Continuance filed.
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Mar. 10, 2006 |
Petitioner`s Witness List filed.
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Jan. 23, 2006 |
Notice of Hearing by Video Teleconference (video hearing set for March 15, 2006; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
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Jan. 18, 2006 |
Response to Initial Order filed by Petitioner.
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Jan. 13, 2006 |
Response to Initial Order filed.
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Jan. 11, 2006 |
Initial Order.
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Jan. 11, 2006 |
Administrative Complaint filed.
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Jan. 11, 2006 |
Election of Rights filed.
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Jan. 11, 2006 |
Agency referral filed.
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