STATE DEPARTMENT OF BUSINESS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Vv. DERRICK WIGGINS, FILED Department of Business arid Professional Regulation Deputy Agency Clerk OF FLORIDA AND PROFESSIONAL REGULAT ] CLERK Date Evette Lawson-Proctor 2/13/2013 File # Case No. 2012-026779 Respondent. / ADMINISTRATIVE COMPLAINT Department of Business and Professional Regulation (Petitioner) files this Administrative Complaint before the Barbers’ Board (Board) against Derrick Wiggins (Respondent) and alleges: 1. Petitioner is the state agency charged with regulating the practice of barbering pursuant to Section 20.165, Florida Statutes (2011), and Chapters 455 and 476, Florida Statutes (2011). 2. Respondent was issued barber’s license number BB 8894849 on or about April 25, 2011. 3. Respondent’s license is currently listed as Delinquent, Active as of July 31, 2012. 4, Respondent's address of record is 4868 Pinemore Ln, Lake Worth, FL 33463. FINDINGS OF FACT 5. On or about April 21, 2011, Respondent submitted an application to the Florida Barbers’ Board for licensure as a barber. 6. The Florida Barbers’ Board requires that applicants for a barber’s license certify successful completion of the required training for the level of licensure, registration, or certification sought prior to the Florida Barbers’ Board granting licensure. 7. The Florida Barbers’ Board requires that applicants obtain 1,200 hours of training at an approved school prior to licensure as a barber. 8. Included with Respondent’s Florida licensure application, Respondent submitted documentation purportedly prepared by Educational Perspectives certifying that Respondent received the required training from the Academia Darios in Colombia to qualify for a barber’s license in the State of Florida. 9. Evaluation report (reference number 0091211/br), purportedly prepared by Educational Perspectives, indicated that Respondent completed 1500 hours at the Academia Darios in Colombia in 2007. 10. On or about December 19, 2011, the Department received documentation from Kenneth Warren, President of Educational Perspectives, stating that Respondent did not obtain his evaluation report from Educational Perspectives and that Respondent’s evaluation report is a fake. 1. Respondent submitted falsified documentation indicating that he received the required training at an approved school when Respondent applied for licensure as a barber in the State of Florida. 2. Based on the falsified documentation, Respondent obtained licensure as a barber in the State of Florida from the Department on or about April 21, 2011. CONCLUSIONS OF LAW Count One 13. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through twelve (12) as though fully set forth herein. 14. Section 455.227(1) (h), Florida Statutes (2011), provides that “[a]lttempting to obtain, obtaining, or renewing a license to practice a profession by bribery, by fraudulent misrepresentation, or through an error of the department or board” constitutes grounds for disciplinary action. 15. Based on the facts set forth above, Respondent violated Section 455.227(1)(h), Florida Statutes (2011), by obtaining a license to practice barbering by fraudulently misrepresenting that he received the training required for licensure as a barber from an approved school. Count Two 16. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through twelve (12) as though fully set forth herein. 17. Section 476.194(1) (c), Florida Statutes (2011), provides that “[i]t is unlawful for any person to .. . [o]btain or attempt to obtain a license for money other than the required fee or any other thing of value or by fraudulent misrepresentations.” 18. Based on the facts set forth above, Respondent violated Section 476.194(1)(c), Florida Statutes (2011), by obtaining a license to practice barbering by fraudulently misrepresenting that he received the training required for licensure as a barber. Count Three 19. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one (1) through twelve (12) as though fully set forth herein. 20. Section 476.204(1) (e), Florida Statutes (2011), “ provides that “[i]t is unlawful for any person to .. . [glive false or forged evidence to the department in obtaining any license provided for in this chapter.” 21. Based on the facts set forth above, Respondent violated Section 476.204(1)(e), Florida Statutes (2011), by giving a false and/or forged evaluation report from Educational Perspectives to the Department of Business and Professional Regulation in order to obtain licensure as a barber in the State of Florida. WHEREFORE, Petitioner respectfully requests that the Barbers’ Board enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent’s license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, assessment of costs, corrective action and/or any other relief that the Board deems appropriate. SIGNED this 31st day of January, 2013. KEN LAWSON, Secretary Department of Business and Professional Regulation 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 North Monroe St., Ste. 42 Tallahassee, Florida 32399-2202 (850) 717-1210 Telephone (850) 414-6749 Facsimile PC Found: January 31, 2013 PC Found By: RMaas EFH/j jb 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 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. Any request for an administrative proceeding to challenge or contest the charges contained in the administrative complaint must conform to Rule 28-106.2015, Florida Administrative Code. 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: 13-001152PL