CT ALE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BARBERS’ BOARD DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. CaséNG. TRENDSETTERZ, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (“Department”), files this Administrative Complaint before the Barbers’ Board, against TRENDSETTERZ, (“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 616 South Pine Avenue, Ocala, Florida 34474. 3. At all times material hereto, Respondent has been licensed as a barbershop in the State of Florida, having been issued license number BS 1077967. 4. On or about January 20, 2007, Petitioner’s inspector Robert Johnson conducted a routine inspection of Respondent barbershop. 5. During the inspection, Petitioner’s inspector observed Respondent barbershop open for business and operating. 6. During the inspection, Petitioner’s inspector observed SAMUEL E. RIVERA cutting a customer’s hair for compensation. 7. During the inspection, a search of Department records revealed that SAMUEL E. RIVERA was not licensed as a barber in the State of Florida. 8. During the inspection, Petitioner’s inspector observed RANDY FRANCIS DEFAY cutting a customer’s hair for compensation. 9. During the inspection, a search of Department records revealed that RANDY FRANCIS DEFAY was not licensed as a barber in the State of Florida. 10. Section 476.034, Florida Statutes, defines “barbering” as “[a]ny of the following practices when done for remuneration and for the public, but not when done for the treatment of disease or physical or mental ailments: shaving, cutting, trimming, coloring, shampooing, arranging, dressing, curling, or waving the hair or beard or applying oils, creams, lotions, or other preparations to the face, scalp, or neck, either by hand or by mechanical appliances.” 11. Section 476.194(1)(e)2, Florida Statutes, provides that it is unlawful for any person to “[o]wn, operate, maintain, open, establish, conduct, or have charge of, either alone or with another person or persons, a barbershop: in which a person not licensed as a barber is permitted to perform services.” 12. During the inspection, Petitioner’s inspector observed that hair had accumulated on the floor and had not been deposited into a closed container. 13. Rule 61G3-19.011(16), Florida Administrative Code, provides in pertinent part that “[h]air must not be allowed to accumulate on the floor of the barbershop. Hair must be deposited in a closed container.” 14. During the inspection, Petitioner’s inspector observed that sanitized items were being stored with unsanitized personal items. 15. Rule 61G3-19.011(15), Florida Administrative Code, provides in pertinent part that “[aJll drawers and shelves ... 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.” 16. Section 476.204(1)(i), Florida Statutes, states in pertinent part that “[iJt is unlawful for any person to violate or refuse to comply with any provision of this chapter or chapter 455 or a rule or final order of the board.” COUNT ONE 17. Petitioner re-alleges and incorporates the allegations set forth in paragraph one through sixteen (16) as though fully set forth herein. 18. Section 476.194(1)(e)2, Florida Statutes, provides that it is unlawful for any person to “[o]wn, operate, maintain, open, establish, conduct, or have charge of, either alone or with another person or persons, a barbershop: in which a person not licensed as a barber is permitted to perform services.” 19. Based on the foregoing, Respondent violated Section 476.194(1)(e)2, Florida Statutes, by permitting SAMUEL E. RIVERA to perform barbering services for compensation while unlicensed, and is therefore subject to disciplinary action by the Barbers’ Board pursuant to Section 476.204(2), Florida Statutes. COUNT TWO 20. Petitioner re-alleges and incorporates the allegations set forth in paragraph one through sixteen (16) as though fully set forth herein. 21. Section 476.194(1)(e)2, Florida Statutes, provides that it is unlawful for any person to “[o]wn, operate, maintain, open, establish, conduct, or have charge of, either alone or with another person or persons, a barbershop: in which a person not licensed as a barber is permitted to perform services.” 22. Based on the foregoing, Respondent violated Section 476.194(1)(e)2, Florida Statutes, by permitting RANDY FRANCIS DEFAY to perform barbering services for compensation while unlicensed, and is therefore subject to disciplinary action by the Barbers’ Board pursuant to Section 476.204(2), Florida Statutes. COUNT THREE 23. Petitioner re-alleges and incorporates the allegations set forth in paragraph one through sixteen (16) as though fully set forth herein. 24, Section 476.204(1)(i), Florida Statutes, provides that it is unlawful for any person to “[v]iolate or refuse to comply with any provision of [Chapter 476] or Chapter 455 or a rule or final order of the Board.” 25. Based on the foregoing, Respondent violated Section 476.204(1)(i), Florida Statutes, by violating two sanitation rules, 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, restriction of Respondent’s practice, and or any other relief which the Board deems appropriate. . Attorney for Petitioner: Tiffany A. Harrington Assistant General Counsel FBN: 26202 Office of the General Counsel Department of Business and Professional Regulation 1940 North Monroe Street an professional . ness Tallehacsee Florida, 32399-2202 pepartment f BUSES cy CLER Phone: (850) 487-8435 Facsimile: (850) 414-6749 TAH/jjc Case Number: 2007-007255 Qa RP: Ayiz]or CFT ont Regulation

Docket for Case No: 07-002661