Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: FRANCIS BARBERENA
Judges: ERROL H. POWELL
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Jul. 31, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, August 17, 2006.
Latest Update: Dec. 26, 2024
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
COSMETOLOGY BOARD ie yy
DEPARTMENT OF BUSINESS AND 2106 JUL 3 | A llr 33
PROFESSIONAL REGULATION, biviern
ac oi0l &
Petiti ADM BIST. fa vy
etitioner, HEARINGS (E
vs. Case No. 2006-007681
a aN ‘/
FRANCIS BARBERENA, Oe &T3Y
Respondent.
/
ADMINISTRATIVE COMPLAINT.
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION (“Department”), files this Administrative Complaint before the Board of
Cosmetology, against FRANCIS BARBERENA (“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 11985 Southwest 184" Terrace, Miami,
Florida 33177.
3. At all times material hereto, Respondent was unlicensed in the State of
Florida as a nail specialist.
4. On or about February 3, 2006, Petitioner’s inspector, Garry Joinville,
conducted an inspection of INTERNATIONAL UNISEX STYLING CORP (CE
9956462).
5. During the inspection, Petitioner’s inspector observed Respondent
performing a manicure on a client.
6. During the inspection, Department of Business and Professional
Regulation records revealed that Respondent was unlicensed as a nail specialist.
7. Section 477.0265(1)(a), Florida Statutes, states in pertinent part that it is
unlawful for any person to “[e]ngage in the practice of cosmetology or a specialty
without an active license.”
8. Based on the foregoing, Respondent violated Section 477.029(1)(),
Florida Statutes, by performing a specialty without a license, and is thereby subject to
discipline pursuant to Sections 477,029(1)(h) and (2), Florida Statutes.
WHEREFORE, Petitioner respectfully requests the Board of Cosmetology 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 fl day of 8 , 2006.
Alo: Qu
F | Charles Tunnicliff
ji jon : :
Department of Business and Professional Regulatio Chief Professions Attorney
AGENCY CLERK
Attorney for Petitioner:
Charles Tunnicliff
Chief Professions Attorney
Department of Business and
Professional Regulation
1940 North Monroe Street
Tallahassee, Florida 32399-2202
Phone: (850) 487-9656
Facsimile: (850) 414-6749
CFT/tah
Case # 2006-007681
Vd Cet S- Ob
Docket for Case No: 06-002738