STATE OF FLORIDA 2.0 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BARBERS' BOARD Ets, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, O lo - 6 7 oy PL vs. Case No. 2005-036139 WILLIAMS BARBER SHOP, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ("Department"), files this Administrative Complaint before the Barbers' Board, against WILLIAMS 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 600 Garden Street, Titusville, Florida 32796. 3. At all times pertinent, Respondent is currently licensed as a Barbershop in the State of Florida, with license number BS 7870. 4, On or about July 6, 2005, Petitioner’s inspector, Patrick Hasley, conducted a routine inspection of Respondent barbershop. 5. During the inspection, Petitioner’s inspector observed that a copy of the latest inspection sheet was not displayed. EXHIBIT A 6. Rule 61G3-19.015, Florida Administrative Code, in pertinent part states that “[a] copy of the inspection report shall be posted within view of the front entrance or in the waiting area of the barbershop for public viewing.” 7. During the inspection, Petitioner's inspector observed excess hair on the floor of the shop. 8. Rule 61G3-19.011(16), Florida Administrative Code, in pertinent part states that “(hair must not be allowed to accumulate on the floor of the barbershop. Hair must be deposited in a closed container.” 9. During the inspection, Petitioner’s inspector observed that there was no lid on the trash can. 10. Rule 61G3-19.011(2)(b), Florida Administrative Code, in pertinent part states that “fajll garbage must be kept in a closed container or receptacle.” 11. During the inspection, Petitioner’s inspector observed that the shop was not equipped with EPA registered tuberculocidal disinfectant. 12. Rule 61G3-19,011(11)(b), Florida Administrative Code, in pertinent part states that “[ajll combs, brushes, metallic instruments with a cutting edge, or implements which have come into contact with blood, or body fluids, shall be immersed in a disinfectant that indicates on its label that it has been registered with the Environmental Protection Agency (EPA) as a tuberculocidal disinfectant, in accordance with C.F.R. 1910, 1030.” COUNT ONE 13. Petitioner realleges and incorporates the allegations set forth in paragraph one through twelve (12) as though fully set forth herein. 14, Section 476.204(1)(i), Florida Statutes, states that it is unlawful for any person to “violate or refuse to comply with any provisions of [Chapter 476] or Chapter 455 or a tule or final order of the Board.” 15. Based on the foregoing, Respondent violated Section 476.204(1)(), Florida Statutes, copy of the latest inspection sheet.was not displayed, by having an accumulation of excess hair on the floor, by not having a lid on the trash can, and is therefore subject to disciplinary action by the Barbers’ Board pursuant to Section 476.204(2). COUNT TWO 16. Petitioner realleges and incorporates the allegations set forth in paragraph one through twelve (12) as though fully set forth herein. 17. Section 476.204(1)(i), Florida Statutes, states that it is unlawful for any person to “[yJiolate or refuse to comply with any provisions of [Chapter 476] or Chapter 455 or a rule or final order of the Board.” . 18. Based on the foregoing, Respondent violated Section 476.204(1)(i), Florida Statutes, by not being equipped with EPA registered tuberculocidal disinfectant, 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 21° day of _Oeto ber 2005. Department of Business and P oe, r Contain Lana DEPUTY CLERK Cameron Dougherty * cure rand! Michels DATE __Il-l- 2005 Attorney for Petitioner: Cameron Dougherty Legal Inter Office of the General Counsel Department of Business and Professional Regulations 1940 North Monroe Street Phone: (850) 487-8435 Facsimile: (850) 414-6749 CCD/dag October 10, 2005 Case Number: 2005-036139 PeP: iofigjoS CFT

Docket for Case No: 06-000704PL