FILED Department of Business arid Professional Regulation Deputy Agency Clerk STATE OF FLORIDA ck Og ‘vette Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT| pate 44/26/2012 File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. Case No. 2011-059338 PATRICE I. DEVINE, Respondent. ADMINISTRATIVE COMPLAINT Department of Business and Professional Regulation Petitioner), files this Administrative Complaint before the Board of Cosmetology (Board), against Patrice I. Devine Respondent), and says: 1. Petitioner is the state agency charged with regulating ct he practice of cosmetology pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 477, Florida Statutes, and the rules promulgated thereto. 2. At all times material to this Complaint, Respondent was licensed as a cosmetologist within the state of Florida, having been issued license number CL 104900. 3. Respondent’s address of record is 210 San Gabriel St, Panama City, FL 32413. FINDINGS OF FACT 4, Respondent is the owner of Hair Genesis salon, license Filed January 3, 2013 2:13 PM Division of Administrative Hearings number CE 69869, located at 2111 Thomas Dr, Panama City, FL 32408. 5. On or about December 14, 2011, Petitioner received a complaint that Respondent allowed a cat in her salon. 6. On or about January 11, 2011, Petitioner’s inspector visited Respondent’s salon. 7. During the visit of January 11, 2011, the inspector observed Respondent allow a cat to enter her salon. 8. The cat was not removed from Respondent’s salon during the inspector’s visit. 9. The inspector also observed cat food and a litter box outside Respondent’s salon. CONCLUSIONS OF LAW 10. Section 477.029(1) (i), Florida Statutes, states that “i]t is unlawful for any person to .. . [v]liolate or refuse to comply with any provision of this chapter or chapter 455 or a rule or final order of the board or the department.” 1. Rule 61G65-20.002(1) (c)4., Florida Administrative Code, states that “[n]o animals or pets shall be allowed in a salon, with the exception of fish kept in closed aquariums, or trained animals to assist the hearing impaired, visually impaired, or physically disabled.” 2. Based on the facts set forth above, Respondent violated Section 477.029(1) (i), Florida Statutes, through a violation of Rule 61G65-20.002(1)(c)4., Florida Administrative Code, by allowing a cat in her salon. WHEREFORE, of Cosmetology following penal Respondent’s lic administrative Petitioner respectfully requests that the Board enter an order imposing one or more of the ties: permanent revocation or suspension of ense, restriction of practice, imposition of an fine, issuance of a reprimand, placement of Respondent on probation, assessment of costs, corrective action and/or any other Signed this PC Found: 11/15/ PC Found By: Maa RRM/jjb relief that the Board deems appropriate. 15th day of November, 2012. KEN LAWSON, Secretary Department of Business and Professional Regulation By: Roger R, Maas Roger R. Maas Assistant General Counsel Florida Bar No. 128296 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe St., Ste. 42 Tallahassee, FL 32399-2202 (850) 717-1210 Telephone (850) 921-9186 Facsimile 12 s NOTICE OF RIGHTS PLEASE BE ADVISED that mediation under Section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action. PLEASE BE FURTHER ADVISED that Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within 21 days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 455.227(3) (a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against Respondent in addition to any other discipline imposed.

Docket for Case No: 13-000006PL