STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BARBERS' BOARD DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, HAY vs. Case No. 2005-026503 “5 “Ln KEEPING IT REAL, lo . O 7 &] Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ("Department"), files this Administrative Complaint before the Barbers’ Board, against KEEPING IT REAL ("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 1109 S. Orange Blossom Trail, Orlando, Florida 32805. 3. At all times pertinent, Respondent is currently licensed as a Barbershop in the State of Florida, with license number BS 1077390. 4. On or about April 26, 2005, Petitioner Inspector, Victoria Itiat, conducted a routine inspection of Respondent barbershop located at 1109 S. Orange Blossom Trail, Orlando, Florida 32805. EXHIBIT A 5. During the inspection, Petitioner Inspector observed that there was not the proper sink to barber chair ratio. 6. Rule 61G3-19.011(6), Florida Administrative Code, in pertinent part states that “tthe 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.” 7. During the inspection, Petitioner Inspector observed that there was no shop license displayed at the front entrance of the shop. 8. Rule 61G3-19.009(2), Florida Administrative Code, in pertinent part states that “t]he shop license shall be displayed within view of the front entrance or in the waiting area.” 9. During the inspection, Petitioner Inspector observed that no licenses were displayed at the individual stations. 10. Rule 61G3-19.009(1), Florida Administrative Code, in pertinent part states that “[a] current personal license shall be displayed at all times at the barber’s place of employment in plain view of the work station. A photograph of the licensee, approximately two inches by two inches and less than two years old shall be attached to the displayed license.” 11. During the inspection, Petitioner Inspector observed that the current sanitation rules were not displayed. 12. Rule 61G3-19.012, Florida Administrative Code, in pertinent part states that “[t]he owner or manager of every barbershop shall keep a copy of the rules of sanitation, health, and safety adopted by the Board posted within view of the front entrance or in the waiting area in each barbershop for the information and guidance of the persons employed therein and the public generally.” 13. During the inspection, Petitioner Inspector observed that that fire extinguisher was not maintained according to state regulations. 14, Rule 61G3-19.011(2)(c), Florida Administrative Code, in pertinent part states that “[mJaintenance of portable fire extinguishers, type, placement and number required needed to protect the public and property, shall be in compliance with the State Fire Marshal’s Rules and Regulations, Chapter 4A-21, F.A.C” 15. During the inspection, Petitioner Inspector observed that there was no EPA registered tuberculocidal disinfectant in the shop. 16. Rule 61G3-19.011(11)(b), Florida Administrative Code, states in pertinent part that “fa]il 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” 17. During the inspection, Petitioner Inspector observed that the barbering tools were not stored separately from personal items. 18. Rule 61G3-19.011(15), Florida Administrative Code, states in pertinent part 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. One drawer or cabinet may be designated for storage of personal items.” COUNT ONE 19, Petitioner realleges and incorporates the allegations set forth in paragraph one through eighteen (18) as though fully set forth herein. 20. Section 476.204(1)(i), Florida Statutes, states that it is unlawful for any person to “{vJiolate or refuse to comply with any provisions of [Chapter 476] or Chapter 455 or a rule or final order of the Board.” 21. Based on the foregoing, Respondent violated section 476.204(1)(i), Florida Statutes, by not having one sink for each two barber chairs and by not storing personal items separately from the barbering tools, and is therefore subject to disciplinary action by the Barbers’ Board pursuant to Section 476.204(2), Florida Statutes. COUNT TWO 22. Petitioner realleges and incorporates the allegations set forth in paragraph one through eighteen (18) as though fully set forth herein. 23. Section 476.204(1)(i), Florida Statutes, states that it is unlawful for any person to “[v]iolate or refuse to comply with any provisions of [Chapter 476] or Chapter 455 or a rule or final order of the Board.” 24. Based on the foregoing, Respondent violated section 476.204(1)(i), Florida Statutes, by not properly maintaming the fire extinguisher according to state rules, and is therefore subject to disciplinary action by the Barbers’ Board pursuant to Section 476.204(2), Florida Statutes. COUNT THREE 25. Petitioner realleges and incorporates the allegations set forth in paragraph one through eighteen (18) as though fully set forth herein. 26. Section 476.204(1)(i), Florida Statutes, states that it is unlawful for any person to “fyJiolate or refuse to comply with any provisions of [Chapter 476] or Chapter 455 or a rule or final order of the Board.” 27. Based on the foregoing, Respondent violated section 476.204(1)(i), Florida Statutes, by not having EPA registered tuberculocidal disinfectant in the shop, and is therefore subject to disciplinary action by the Barbers’ Board pursuant to Section 476.204(2), Florida Statutes. COUNT FOUR 28. Petitioner realleges and incorporates the allegations set forth in paragraph one through eighteen (18) as though fully set forth herein. 29. Section 476.204(1)(i), Florida Statutes, states that it is unlawful for any person to “[y}iolate or refuse to comply with any provisions of [Chapter 476] or Chapter 455 or a rule or final order of the Board.” 30, Based on the foregoing; Respondent violated section 476.204(1)(i), Florida Statutes, by not having the shop license displayed at the front entrance, by not having licenses displayed at the barber stations, and by not having the sanitation rules displayed in the shop, 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 zt. day of Beeeidad 2005, Cameron Dougherty Legal Intern L ion Professional Rag! of Business 2nd Attorney for Petitioner: Department DEPUTY CLERK Cameron Dougherty Legal Intern Pyacde ’ Office of the General Counsel CLERK 22° 9005 Department of Business and Professional Regulations +E G-f e 1940 North Monroe Street DA Phone: (850) 487-8435 Facsimile: (850) 414-6749 CCD/dag July 19, 2005 Case Number: 2005-026503

Docket for Case No: 06-000781