Findings Of Fact Mr. R. H. Carswell, the Respondent, is the owner-operator and manager of Carswell's Marina Barber Shop, City Marina, Panama City, Florida. The subject shop has a sign denoting the fact that there is a beauty shop and a barber shop in the building. (a) A floor plan has been submitted to the Florida State Board of Barbers' Sanitary Commission as required by Section 472.24(6), Florida Statutes, to partition a barber shop section from a beauty shop section. No approval of said plan has been issued in writing. A plexiglass partition separates the barber area from the cosmetology area. There was a person working in subject barber shop who is a licensed cosmetologist but is not licensed as a barber. This person has been practicing the art of cosmetology. There are persons working in subject barber shop who are not practicing the art of barbering.
The Issue The issues to be resolved in this proceeding concern whether the Respondent owned, operated, maintained, established, or conducted a barbering business and barber shop for purposes of the requirements delineated in Section 476.194, Florida Statutes.
Findings Of Fact The Petitioner is an Agency of the State of Florida charged, as pertinent hereto, with regulating the licensure of barbers, the licensure of barber shop establishments and the practice of barbering, and the operation of barber shops, pursuant to Chapter 476, Florida Statutes (2006). After investigation the Respondent, Chand Harris, was accused in the Administrative Complaint, with practicing barbering or operating, establishing, opening, or conducting a barber shop operation or business without proper licensure. Although properly served with a copy of the Notice of Hearing at his last known address of record, Mr. Harris failed to appear at the hearing. After waiting an appropriate period of time, the hearing was convened and the taking of evidence was initiated. Upon conclusion of the Petitioner's case the Respondent, Mr. Harris, had not yet appeared at the hearing and never did appear at hearing. Consequently, no evidence was adduced on behalf of the Respondent. There has been no communication with the Respondent either before or since the hearing and thus there is no known explanation for his failure to appear at the hearing. Robert M. Johnson is employed by the Department as an inspector. He has been thus employed for approximately three and one-half years. He has a four-year degree from Baptist College of Florida and is currently enrolled in basic law enforcement courses at Lake City Community College. He also received formal training from the Department upon beginning his employment and attends on-going training sessions. Mr. Johnson performs approximately 1,300 inspections annually. On November 3, 9, and 17, 2005, Mr. Johnson inspected the premises of a business known as "Trend Setterz." Mr. Johnson's investigation established, through his testimony, that the Respondent, Chand Harris, owned and controlled the establishment named Trend Setterz. It is located at 289 Marion Oaks Lane, Ocala, Florida 34473. Trend Setterz was not licensed as a barber shop by the Florida Barbers Board, but was operating as a barber shop. Mr. Johnson observed a substantial number of people having hair cuts performed in the Trend Setterz shop. During those inspections, Mr. Johnson observed Mr. Giscard Rousseau performing barbering services inside the Trend Setterz establishment. He specifically observed Mr. Rousseau cutting hair for compensation. He also overheard Mr. Rousseau telling at least one customer not to pay him in the presence of Mr. Johnson so he could not be accused of barbering for compensation without a license. Mr. Rousseau was not licensed as a barber by the Florida Barber's Board at the time of the inspections and with regard to the time period represented by the charges in the Administrative Complaint against the shop owner and operator, Mr. Harris. Later, after the pertinent time period represented by the charges in the Administrative Complaint, Mr. Rousseau indeed achieved licensure as a barber by the Florida Barber's Board, on September 12, 2006. That license is current and active through July 31, 2008. Chand Harris, however, as well as Trend Setterz, is not and never has been licensed by the Barber Board respectively as a barber or as a barber shop.
Recommendation Having considered the foregoing Findings of Fact, Conclusions of Law, the evidence of record, the candor and demeanor of the witnesses, and the pleadings and arguments of the parties, it is, therefore, RECOMMENDED that a final order be entered by the Florida Department of Business and Profession Regulation, Board of Barbers, finding the Respondent guilty of the charges in the Administrative Complaint and assessing an administrative penalty in the amount of $1,000.00, due and payable to the Barber Board, 1940 North Monroe Street, Tallahassee, Florida 32399-1011, within 30 calendar days of the date a final order herein is filed with the agency clerk. DONE AND ENTERED this 7th day of May, 2007, in Tallahassee, Leon County, Florida. S P. MICHAEL RUFF Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with Clerk of the Division of Administrative Hearings this 7th day of May, 2007. COPIES FURNISHED: Tiffany A. Harrington, Esquire Department of Business and Professional Regulation 1940 North Monroe Street, Suite 42 Tallahassee, Florida 32399-2202 Chand Harris 16330 Southwest 17th Avenue Ocala, Florida 34473 Robyn Barineau, Executive Director Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 Ned Luczynski, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue Whether the Respondent's licenses, as a barber and for a barbershop in the State of Florida, should be suspended, revoked or otherwise disciplined for alleged violation of Chapter 476, Florida Statutes; violation of Section 476.204(1)(i), Florida Statutes, and Rule 21C-19.012, Florida Administrative Code, by failing to meet the minimum standards in the operation of a barbershop, as follows: Garbage not kept in closed container (Rule 21C-19.011(2)(b). Equipment not kept clean and sanitary (Rule 21C- 19.011(2)(e). Equipment not stored in clean, closed containers or cabinets (Rule 21C-19.011(11)(d).
Findings Of Fact The Respondent is a licensed barber and barbershop owner in the State of Florida, license numbers BB 19606 and BS8827. The Respondent is the owner of Ribault Barbershop, 6712 Van Gundy Road, Jacksonville, Florida 32208. (P-2; T- 8) On July 26, 1990, Gail Hand, a DPR inspector, inspected the Respondent's barbershop. At that time, she found the shelves, fixtures and counter tops at the barber stations were coated with black dust, dirt and hair, which, over time, had been scattered throughout the barbershop. In addition, the Respondent had two (2) combs, a pick and four (4) clipper attachments which were coated with a scum or a dark residue in a dirty liquid in a tray on the counter top. (P-3; T-8-9, 30) During the aforementioned inspection, Ms. Hand also found that the barbering equipment in the Respondent's barbershop, such as combs, brushes and picks, were not stored in a closed container. The Respondent had combs, clipper attachments, scissors, a brush and a pick on the counter top. Ms. Hand found no closed cabinet for storing tools. The Respondent indicated that he was unaware of this requirement. (P-3; T-9-10, 23 and 59) During this inspection, Ms. Hand noted the garbage was not kept in a closed container as required by Board rule. (P-3; T-10-11, 58). The fact that the Respondent's bathroom had an objectionable odor and that the Respondent failed to post the previous inspection sheet were not charged as violations. (P-3; T-10-12, 17-18, 20-21, 37) Ms. Linda Mantovani, another DPR inspector "informally" reinspected the Respondent's barbershop prior to Christmas of 1990. Ms. Mantovani checked the deficiencies Ms. Hand had noted in July of 1990. She found that the Respondent's barbershop still had no closed cabinet for storage of tools. Ms. Mantovani reviewed the inspection report with the Respondent and discussed his correction of the continuing violations. The windowsills and fans were cleaned, and the garbage was kept in a closed container. (T-38, 40-42, 46-47, 50-51)
Recommendation Regarding the last charge, the Respondent indicated that he had received conflicting guidance on this requirement from prior inspectors. It appeared that there may be some confusion about this requirement; however, after the initial inspection, the Respondent clearly was on notice. Because of the Respondent's interest and candor regarding the events and because some of the deficiencies were corrected, the fine proposed by the Department is reduced to $100 per violation. Having considered the foregoing Findings of Fact, Conclusions of Law, the evidence of record, the candor and demeanor of the witnesses, and the pleadings and arguments of the parties, it is therefore, RECOMMENDED that the Florida Board of Barbers enter a Final Order finding the Respondent guilty as charged in the Administrative Complaint and imposing a $300.00 administrative fine. DONE AND ENTERED this 11th day of April, 1991, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 11th day of April, 1991. COPIES FURNISHED: Myrtle Aase, Executive Director Barbers Board Department of Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, FL 32399-0792 Jack McRay, Esq. General Counsel Department of Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, FL 32399-0792 Laura P. Gaffney, Esq. Department of Professional Regulation Northwood Centre 1940 North Monroe Street Suite 60 Tallahassee, FL 32399-0792 Michael Herrington 6712 Van Gundy Road Jacksonville, FL 32208
The Issue Whether Respondent violated Section 476.01(5), Florida Statutes, by employing persons to work as barbers who were unlicensed as barbers. Whether Respondent's license should be revoked, annulled, withdrawn or suspended for such alleged violation.
Findings Of Fact A notice of violation was served on Respondent, owner of the University Plaza Barber and Style Salon, charging him with violating Section 476.01(6), Florida Statutes, which statute prohibits any person to hire or employ any person to practice barbering without a valid certificate of registration. The Administrative Complaint served on Respondent charges Respondent: "You have employed unlicensed barbers or apprentices to work as barbers in your shop". The Respondent had people working in his shop not registered as barbers but who were registered as cosmetologists and who were working as cosmetologists. Respondent operates a single shop registered as a barber shop and as a registered cosmetologist shop. He is a licensed barber and a licensed master cosmetologist. At the time of the notice of violation the sign in the front of the shop indicated only barber shop. At the time of hearing the sign indicated barber and beauty salon retain center. At the time of the violation notice Respondent did not have a partition in his shop that separated the barber shop from the area in which the cosmetologists worked. At the time of hearing a partition was in existence. Respondent presently has two barber chairs in one partitioned-off area and an area in which six licensed cosmetologists work. Each partitioned area has a separate door but the shop itself has one door leading into a waiting room.
The Issue Whether Respondent, Francisco Portes, violated Subsections 476.194(1)(a), 476.194(1)(e)1., and 476.194(1)(e)2., Florida Statutes (2003), and, if so, what disciplinary action should be imposed.
Findings Of Fact At all times material hereto, Respondent was unlicensed as a barber by the Department's Barbers' Board of the State of Florida. At all times material hereto, the name of the business located at 1447 North Pine Hills Road, Orlando, Florida (North Pine Hills address), was "Still Keeping It Real." That business was not licensed by Florida Barbers' Board.1/ The Department, though its employees, conducted a compliance sweep, and/or inspection, of the facility named "Still Keeping It Real" on February 7, 2004, after Petitioner received information that there was a "possible unlicensed barber shop or cosmetology salon" operating at that location. David Hogan, a regional program administrator with the Department, and two of the Department's employees participated in the compliance sweep and inspection. Mr. Hogan has been employed with the Department for approximately ten years, during which he has attended numerous training sessions provided by the Department. At all times material hereto, Mr. Hogan was certified as an investigator by the Council on Licensure Enforcement and Regulation by Eastern Kentucky University. On February 7, 2004, Mr. Hogan and the two inspectors initially conducted surveillance of the establishment located at the North Pine Hills address from a parking lot across the street from the establishment. There was a sign on the front of the building that said "Michael J's Still Keeping It Real" or "Michael J's Keeping It Real." During the 15 to 20 minutes that Mr. Hogan and the inspectors observed the establishment, there were a number of cars parked in the establishment's parking lot and a number of people were observed coming and going from the establishment. Based on the foregoing observations, Mr. Hogan and the inspectors believed that they had sufficient cause to enter the building. Once inside the establishment, Mr. Hogan conducted an inspection of the premises of "Still Keeping It Real." During the inspection, Mr. Hogan observed approximately four to six work stations, all of which had barbering and/or cosmetology implements set up at them. In a separate room at the establishment, there were also two more cosmetology stations. Mr. Hogan conducted an inspection of each of the work stations at the establishment. Although there were individuals at some of the work stations performing various barbering services on customers in the chairs in the work stations, no barber or cosmetology licenses were posted in any of the work stations. Upon request, with one exception, the individuals working at the various work stations would not produce identification. Moreover, none of the individuals working in the work stations produced either a cosmetologist license or barber license issued by the Department. Within five to ten minutes of Mr. Hogan's entering the establishment, all but one of the individuals working there and their customers left the premises. The only remaining individual working in the establishment completed the haircut he was giving his customer. After the haircut was completed, the customer paid the person who cut his hair and then left the establishment. As of February 7, 2004, the date of the inspection, Respondent had owned and operated the business establishment at the North Pine Hills address for approximately three months. The name of the business establishment located at the North Pine Hills address, immediately prior to Respondent's becoming the owner and operator of the business, was "Michael J's Keeping It Real." However, when Respondent took over the business, he named it "Still Keeping It Real." During the February 7, 2004, inspection, Respondent gave Mr. Hogan one of Respondent's business cards. Imprinted on the business card was the name of the business establishment, "Still Keeping It Real"; the address of the business, "1447 N. Pine Hills Road, Orlando, Florida"; and Respondent's name, "Frank Portes." The word "barber" was imprinted on the business card immediately below Respondent's name. Respondent testified that he performed services at "Still Keeping It Real" and that he did not have a barber's license at the time of the inspection. Although not licensed as a barber, Respondent mistakenly believed that because he had completed cosmetology school and registered for the cosmetology examination, he could work under the supervision of someone with a license. Respondent testified that he was working under the supervision of Michael J., the previous owner of the establishment, who, at the time of the inspection, still worked at the establishment. However, at the time of the inspection, Michael J. was not on the premises of the establishment. Furthermore, no evidence was presented at this proceeding to establish that Michael J. was licensed as either a barber or cosmetologist by the Department. Under limited circumstances, individuals who have graduated from cosmetology school may cut hair and perform other services included within the statutory definition of cosmetology prior to obtaining their cosmetology license, if they are supervised by a licensed cosmetologist. See §§ 477.013(4) and 477.019(4), Fla. Stat. (2003). However, graduates of cosmetology schools who have failed the cosmetology examination twice may not practice under the supervision provision in Subsection 477.019(4), Florida Statutes (2003). Respondent graduated from cosmetology school about two and a half years ago. After completing cosmetology school, Respondent took the cosmetology licensure examination twice, but failed to pass the examination. Because he was unsuccessful in passing the examination, Respondent planned to go back to cosmetology school for 200 more hours and then re-take the cosmetology licensure examination. A person who is licensed as a cosmetologist or properly working under the supervision of a licensed cosmetologist, may cut hair and perform other services included within the definition of both "barbering" and "cosmetology." (See Subsections 476.034(2) and 477.013(4), Florida Statutes (2003), which reflect that the definition of "cosmetology" encompasses many of the services also included in the definition of "barbering.") Respondent was ineligible to provide barbering services under either of the qualifying circumstances described in paragraph 18. First, based on Respondent's testimony, he was not licensed as either a barber or a cosmetologist. Second, despite Respondent's mistaken belief to the contrary, even if it is assumed that Michael J. was licensed and present on the premises at the time of the inspection, Respondent was ineligible to perform services under the supervision of a licensed person pursuant to Subsection 477.019(4), Florida Statutes (2003), because he had failed the licensure examination twice.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner, the Department of Business and Professional Regulation, enter a final order (1) finding that Respondent, Francisco Portes, engaged in acts proscribed by Subsections 476.194(1)(a), 476.194(1)(e)1., and 476.194(1)(e)2., Florida Statutes (2003); and (2) imposing an administrative fine of $500 for each violation for a total of $1,500. DONE AND ENTERED this 18th day of July, 2005, in Tallahassee, Leon County, Florida. S CAROLYN S. HOLIFIELD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 18th day of July, 2005.
Findings Of Fact Antonio Castellano has been a master barber for more than 30 years and has been continuously licensed as a barber in Florida since 1970 (Exhibit 1). The International Inn Barber Shop is located on the ground floor of the International Inn at 3705 Henderson Boulevard, Tampa, Florida, which is owned by William A. Watson. There are three barber chairs in this shop, and all fixtures in the barber shop are owned by Watson. The barber shop has been licensed by Watson since 1982. The last license issued to Watson for this shop was issued December 4, 1986 to expire September 30, 1988 (Exhibit 3). Since 1982, Watson has hired barbers to operate the shop on commission. However, this has not proved satisfactory, and Watson concluded to lease the shop and have the lessee responsible for the various licenses required. In carrying out this plan, a LEASE (Exhibit 5) was entered into between Watson and Respondent on July 31, 1987, which provided Castellano would be totally responsible for the operation of this shop and would obtain the necessary city and state licenses required. The lease commenced August 1, 1987. This barber shop was inspected on or about November 18, 1987, by Judy Denchfield, an inspector from the Department of Professional Regulation. When told by Respondent that he was the lessor, Denchfield, without looking at the lease and aware that the shop license issued to Watson was posted in the shop and had not expired, assumed Respondent was the owner of the shop for licensing purposes and cited Respondent for violating Sections 476.204(1)(b) and 476.194(1)(e)1, Florida Statutes. These proceedings duly followed.
Findings Of Fact Redman is licensed to own a barbershop in the state of Florida, holding license No. BS-0001690 for Don's Sportsman Barber Shop at 1814 Dean Road, Jacksonville, Florida. Redman is licensed to practice barbering in the state of Florida, holding license No. BB-0018729. On November 25, 1988, Eileen Thomas, an inspector for DPR, made a routine inspection of Don's Sportsman Barber Shop. During the inspection, Ms. Thomas found an excessive amount of hair on the shop's floor and baseboards, around the barbering stations and chairs, and in the shampoo bowls. An extremely large amount of hair was found accumulated in the ultraviolet sanitizing cabinets; also, at least one of these cabinets was not closed. Ms. Thomas found that a grey-white buildup covered the black shampoo bowls and their faucets and that the shampoo bowls had hair in them. Ms. Thomas found that dust and grime was accumulated on the baseboards and on the containers of shampoo and tonic. Further, the clean towels were stored in an open container under a chair in the shampoo area and a bird was being kept in a cage in an opened room adjacent to the shampoo area. DPR presented testimony regarding inspections performed on May 23 and July 19, 1989. The Administrative Complaint contains no allegations of fact regarding these subsequent inspections and Redman was not charged with any violation for these inspections. Hence testimony regarding these subsequent inspections is irrelevant and no findings of fact are or can be made from this testimony. Jimmy Hicks and Glen Lowe are barbers who work in Redman's shop. They acknowledged that they do not sweep up the hair on the floor after each customer. Lowe acknowledged that there is hair in at least one of the shop's Barbercyde containers. Hicks acknowledged that he may leave brushes lying out instead of being in a closed clean container. Redman stated that he had kept a bird in the back room of the shop until this inspection, at which time he removed the bird. Redman also acknowledged that the doors to the ultraviolet sanitizing cabinets are not always closed and that the sinks in his barbershop contains a tremendous amount of buildup from the minerals in the water. Redman recognized that clean towels were kept in an open box under the shampoo chair until after this inspection, at which time he moved them to a closed container. When Redman and the other barbers in his shop sweep hair up from the floor, they place it in a box in the back room of the barbershop. Redman has been previously disciplined by the Barbers' Board in Case No. 0092898 (DOAH Case No. 88-1811) for failure to meet the sanitary requirements for a barbershop. That Final Order incorporated the Recommended Order wherein it was noted that Redman had a dog on the premises and that a rule prohibited pets in a barbershop.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Professional Regulation, Barbers' Board, enter a Final Order and therein Find Roy D. Redman guilty of the violations alleged in the Administrative Complaint; and Assess an administrative fine of $500.00 against Roy D. Redman. DONE and ENTERED this 21st day of September, 1989, in Tallahassee, Florida. DIANE K. KIESLING Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 21st day of September, 1989. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 89-1518 The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on the proposed findings of fact submitted by the parties in this case. Specific Rulings on Proposed Findings of Fact Submitted by Petitioner, Department of Professional Regulation Each of the following proposed findings of fact are adopted in substance as modified in the Recommended Order. The number in parentheses is the Finding of Fact which so adopts the proposed finding of fact: 1-7(1-7); 16- 20(9-13); 21(13); 24(14); and 25(15). Proposed findings of fact 8-15, 22, and 23 are rejected as being irrelevant to any charges contained in the Administrative Complaint. Proposed finding of fact 26 is unnecessary. COPIES FURNISHED: Charles F. Tunnicliff Chief Attorney Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, FL 32399-0792 Roy D. Redman 1814 Dean Road Jacksonville, FL 32216 Kenneth E. Easley General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0792 Myrtle Aase Executive Director Barbers' Board Department of Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0792
Findings Of Fact Albert Ackerstein is a currently licensed barber holding license number BB 0009065, and was so licensed at all times relevant to this proceeding. Albert's Barber Shop is a currently licensed barber shop holding license number BS 0001976, and was so licensed at all times relevant. Mario Burchianti was hired by Albert Ackerstein as a barber in 1977 when he held a current valid barber license and continued to work as a barber in Albert's Barber Shop until November, 1980, when he was dismissed for not having a current valid barber license. Mario Burchianti's barber license expired in 1978 due to his failure to renew. In order to obtain a new barber's license, he took the barber exam in September, 1980 and passed said barber exam in December, 1980. A license check performed by the Department of Professional Regulation in July, 1980 revealed one violation: Mr. Burchianti was unlicensed. A follow up license check performed by the Department in September, 1980, revealed the same violation. Mr. Ackerstein, who was unaware of the violation, became aware of the problem through the Department in October or November, 1980 and thereupon dismissed Mr. Burchianti. Petitioner's follow up investigation conducted in August, 1981 revealed no violation of any kind.
Recommendation From the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That Petitioner enter a final order fining each Respondent one hundred dollars. DONE and ENTERED this 28th day of April, 1982 at Tallahassee, Florida. R. T. CARPENTER, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 28th day of April, 1982. COPIES FURNISHED: Drucilla E. Bell, Esquire Assistant General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Adam Kurlander, Esquire Zedeck and Kurlander Post Office Box 600429 North Miami Beach, Florida 33162 Samuel R. Shorstein Secretary Old Courthouse Square Building 130 North Monroe Street Tallahassee, Florida 32301 Myrtle Aase Executive Director Board of Barbers Old Courthouse Square Building 130 North Monroe Street Tallahassee, Florida 32301
