The Issue The issue in this case is whether Respondent's licenses as a cosmetologist and cosmetology salon owner in the State of Florida, should be suspended, revoked or otherwise disciplined for the alleged violations of Chapter 477, Florida Statutes, set forth in the Administrative Complaint.
Findings Of Fact Based upon the oral and documentary evidence adduced at the final hearing and the entire record in this proceeding, the following findings of fact are made. The Respondent is a licensed cosmetologist in the State of Florida, holding license number CL 141038. From April 13, 1987 until October 31, 1990, Respondent also held a license as a cosmetology salon owner, license number CE 0044081. The salon license expired on October 31, 1990 and was not renewed for the 1990-1992 period because the check submitted for payment of the renewal fee was dishonored by the bank for insufficient funds. This case is related to a separate administrative proceeding brought against Veronica Bonani, DPR Case Number 90-4671. In that case, Ms. Bonani was found by the Florida Board of Cosmetology to have been employed by the Respondent as a cosmetologist without a Florida license from January 3, 1990 to March, 1990. After conceding the allegations in that case, Ms. Bonani was fined one hundred dollars ($100). Petitioner has suggested that the complaint against Veronica Bonani was initiated by Respondent, apparently in retribution for Ms. Bonani's terminating her employment with Respondent to take another job. At the hearing in this cause, the Respondent denied that she reported Ms. Bonani to the Department. While this dispute has little bearing on the main issues in this proceeding, the more persuasive evidence was that Respondent reported Ms. Bonani to Petitioner after Ms. Bonani left her employment. The evidence established that the Respondent employed Veronica Bonani as a cosmetologist without a Florida license from January 3, 1990 to March, 1990. Veronica Bonani began seeking licensure by endorsement in Florida sometime in the Fall of 1989. Because of some problems in obtaining the necessary documentation, she experienced delays in obtaining a license. Her formal application for licensure in Florida is dated February 6, 1990 and was filed with Petitioner on February 15, 1990. Veronica Bonani did not receive authorization to practice as a cosmetologist in Florida until April 13, 1990. However, as indicated above, Ms. Bonani began working for Respondent in early January, 1990. Prior to beginning work for Respondent, Ms. Bonani advised Respondent that she was in the process of obtaining a Florida license, but was not yet licensed to practice cosmetology in the State of Florida. Respondent encouraged her to begin work anyway. When an inspector employed by Petitioner entered the Respondent's salon on February 22, 1990, the Respondent instructed Ms. Bonani to hide. However, Ms. Bonani openly revealed her status to the inspector. The inspector indicated during his February 22, 1990 visit that there was no problem with Ms. Bonani's employment since her application was pending and approval seemed imminent. This conclusion was erroneous. Respondent contends that she believed Ms. Bonani was entitled to begin work in Florida since she was in the process of obtaining licensure. However, there was no justifiable basis for Respondent to believe it was legal to employ Ms. Bonani in January, 1990. Indeed, the evidence and circumstances in this case indicate that Respondent was well aware that Ms. Bonani should not have been practicing prior to issuance of her Florida license.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Board of Cosmetology enter a Final Order finding Respondent guilty of violating Sections 477.0265(1)(b)(2), 477.0265(1)(d), 477.029(1)(c) and 477.029(1)(h), Florida Statutes, imposing an administrative fine of three hundred dollars ($300) and allowing the Respondent to pay this amount in three (3) payments. DONE and ENTERED this 18th day of March, 1992, at Tallahassee, Florida. J. STEPHEN MENTON Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 18th day of March, 1992. APPENDIX TO RECOMMENDED ORDER Only Petitioner submitted proposed findings of fact. The following constitutes my rulings on those proposals. The Petitioner's Proposed Findings of Fact: Proposed Finding Paragraph Number in the Findings of Fact of Fact Number in the Recommended Order Where Accepted or Reason for Rejection. Subordinate to Findings of Fact 1. Subordinate to Findings of Fact 2. Subordinate to Findings of Fact 3 and 4. Subordinate to Findings of Fact 4, 5, 6 and 7. Copies furnished: Renee Alsobrook, Senior Attorney Department of Professional Regulation Northwood Centre, Suite 60 1940 North Monroe Street Tallahassee, Florida 32399-0792 Steven Lulich P.O. Box 1390 Sebastian, Florida 32978 Jack McRay, General Counsel Department of Professional Regulation Northwood Centre, Suite 60 1940 North Monroe Street Tallahassee, Florida 32399-0792 Kaye Howerton, Executive Director Department of Professional Regulation/Board of Cosmetology Northwood Centre, Suite 60 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue Whether the license of the Respondent should be revoked, annulled, withdrawn or suspended for allowing students to work in his salon prior to the issuance of a work permit.
Findings Of Fact An Administrative Complaint was filed on May 31, 1977 charging: "That you, said Anthony LaRoche on March 15, 1977 did allow students to work in your salon prior to the issuance of work per- mits Anthony's, Jacksonville, Florida." Anthony LaRoche, Respondent, was the owner of several businesses and has managers to operate his beauty salons. A young man was hired to work in the Respondent's beauty salon to report to work at a subsequent time when the school attended by the cosmetologist would have sufficient time to send his credentials to the office of the State Board and for him to receive his work permit from the State Board. The cosmetologist reported for work and began working and was working at the time of the inspection on March 15, 1977 and had not yet received his work permit although he had previously applied for it. Upon learning of the inspection and the violation, the Respondent immediately sent for the credentials but the work permit was not received for 22 days thereafter. After the Respondent learned that the cosmetologist did not hear from it he ceased doing the work of a cosmetologist until his work permit was received.
Recommendation Send a letter of reprimand to Respondent for failing to ascertain whether an employee was duly certified to work in the salon owned by the Respondent. DONE and ORDERED this 27th day of September, 1971, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Ronald C. LaFace, Esquire LaFace & Haggett, P.A. Post Office Box 1752 Tallahassee, Florida 32302 Anthony LaRoche, President Anthony LaRoche, Inc. 5566 Ft. Caroline Road Jacksonville, Florida 32211
The Issue Whether Respondent engaged in the practice of cosmetology or a specialty without an active license in violation of Section 477.0265, Florida Statutes (2005), and, if so, what penalty should be imposed.
Findings Of Fact Based on the evidence and the testimony of witness presented, and the record in this case, the following findings of fact are found: At all times material hereto, Respondent was regulated by the Department. Respondent's last know address and his address of record with the Department is 421 Champagne Lane, Brandon, Florida 33510. This is also the address written on the Election of Rights Form submitted to the Department in which Respondent requested a formal hearing. At all times material hereto, John Miranda was employed by the Department as an environmental health specialist, where he has been working for approximately nine (9) years. As an environmental health specialist, Mr. Miranda conducts inspections for the Board of Cosmetology. On December 14, 2005, Mr. Miranda conducted an inspection of the Eclips Barber Shop (Eclips) located at 1221 Kingsway Plaza, in Brandon, Florida. During the inspection, Mr. Miranda observed Respondent cutting hair. However, when asked to do so, Respondent did not produce either a barber license or cosmetology license. On December 14, 2005, Respondent was not licensed as either a barber or a cosmetologist. Respondent was eligible to take the cosmetology examination on September 10, 2004. As of December 20, 2005, Respondent had successfully completed all parts of the cosmetology licensing examination. Respondent was not licensed as a cosmetologist until more than three months after the December 14, 2005, inspection. Respondent was initially issued a cosmetology license, License No. CL 1183800, on or about March 31, 2006. That license is current and active, with an effective date of March 31, 2006, through October 31, 2007.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation, enter a final order (1) finding that Respondent, Camilo Torres, engaged in the practice of cosmetology without a license, an act proscribed by Subsection 477.0265(1)(a), Florida Statutes (2005), and (2) imposing an administrative fine of $500 for that violation. DONE AND ENTERED this 5th day of September, 2006, 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 5th day of September, 2006. COPIES FURNISHED: Camilo Torres 421 Champagne Lane Brandon, Florida 33511 Lee C. Hawley Charles Tunnicliff, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32303 Josefina Tamayo, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue Whether Respondent committed the offenses described in the Administrative Complaint? If so, what penalty should be imposed?
Findings Of Fact Based upon the record evidence, the following Findings of Fact are made: Respondent has been licensed to practice cosmetology in the State of Florida since August 13, 1979. He currently holds license number CL 0110182, which has an expiration date of June 30, 1992. Respondent is now, and has been at all times material hereto, the owner and operator of Best Cuts, Inc. (Best Cuts), a licensed cosmetology salon located at 5331 West Atlantic Boulevard in Margate, Florida. In late October, 1990 or early November, 1990, Luis Villate applied and interviewed for a hair stylist position at Best Cuts. During the interview, Respondent asked if Villate was licensed to practice cosmetology in the State of Florida. In response to this inquiry, Villate showed Respondent a completed State of Florida application for licensure by examination. The application contained a certification, dated January 6, 1990, and signed by the Educational Supervisor of the cosmetology school Villate had attended, that Villate met the educational and training requirements for eligibility to sit for the cosmetology licensure examination. Following the interview, Respondent telephoned the Department's offices in Tallahassee to find out if there was any legal impediment to his hiring Villate to work as a hair stylist at Best Cuts. Respondent explained to the Department representative with whom he spoke that Villate had "all his hours" of schooling and training and that he had applied for a cosmetology license. The representative told Respondent that, if such were the circumstances, it would be permissible for Respondent to employ Villate at his salon. 1/ Respondent shortly thereafter hired Villate to work at Best Cuts. The representations made to him by the Department representative did not play a role in his decision to hire Villate. Because he desperately needed a competent hair stylist to work at the salon, he would have hired Villate even if he had been told that Villate's unlicensed status rendered him ineligible for lawful employment. Villate remained an employee of Best Cuts for approximately two months, until December 4, 1991. During the period of his employment, Villate cut, washed and blow dried customers' hair. At no time during this period was he licensed to practice cosmetology in the State of Florida. The termination of Villate's employment with Best Cuts was precipitated by an inspection of the salon made by Louis Morganstern, an inspector with the Department, on December 3 and 4, 1990. During the first day of his inspection, Morganstern observed Villate cutting the hair of a customer. Upon his return to the office, Morganstern ran a computer check on Villate, which revealed that Villate had taken and failed the licensure examination and therefore was still unlicensed. The following day, at Morganstern's request, Villate signed a document agreeing to "cease and desist" from the practice of cosmetology in the State of Florida.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby recommended that the Board of Cosmetology enter a final order (1) finding that Respondent committed the violation of law alleged in the Administrative Complaint; and (2) imposing upon Respondent an administrative fine in the amount of $100 for having committed this violation. RECOMMENDED in Tallahassee, Leon County, Florida, this 19th day of August, 1991. STUART M. LERNER Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 19th day of August, 1991.
Findings Of Fact Based upon the record evidence, the following Findings of Fact are made: On October 26, 1991, Respondent was employed as a nail technician/manicurist at Tropical Nails and Skin (Tropical), a cosmetology salon located in Lauderhill, Florida. At the time, she did not hold a license authorizing her to engage in the practice of cosmetology, or any specialty area thereof, in the State of Florida. Leonard Baldwin is an inspector with the Department of Professional Regulation. On the morning of October 26, 1991, Baldwin conducted an inspection of Tropical. Upon entering the salon, Baldwin observed Respondent at her station applying polish to a customer's nails. Prominently displayed at Respondent's station was a cosmetology license that bore Respondent's name and photograph. The license was forged and actually belonged, not to Respondent, but to E. Sgroi. It had been given to Respondent by a former coworker, who had altered the license by removing Sgroi's name and typing Respondent's name in its place. Respondent had affixed her photograph to the license after the license was given to her. No changes had been made to the address on the license. Shortly after entering the salon, Baldwin went to Respondent's station. He examined the license and asked Respondent if it was hers. She replied in the affirmative. Baldwin suspected otherwise. He therefore took possession of the license. He then left Respondent's station and went to another area of the salon. Approximately ten or fifteen minutes later, after Respondent had finished with her customer and the customer had paid and left the salon, Baldwin again approached Respondent and asked her about the license. This time Respondent acknowledged that the license was not really hers and that she was not licensed by the Department to practice cosmetology. Baldwin then presented to Respondent a Cease and Desist Agreement, which Respondent signed. The agreement, which was also signed by Baldwin, provided as follows: I, Gloria Torres, have been informed by a representative of the Department of Professional Regulation that I am under investigation on allegations that I have engaged in the practice of "Nails" Cosmetology without being a holder of an appropriate license or permit. Without admitting these allegations, I hereby agree to cease and desist from engaging in this activity until and unless properly licensed or permitted. I execute this agreement without receiving any representations in regard to the final disposition of the investigation. Respondent abided by the terms of the Cease and Desist Agreement. She enrolled in classes at the Academy of Beauty Arts and Sciences in Fort Lauderdale, Florida. On or about November 7, 1991, the school issued her a certificate of completion in the speciality area of manicuring/pedicuring/nail extensions. On December 11, 1991, Respondent was licensed by the Board of Cosmetology to practice in this specialty area. She still holds this license. Respondent is presently in a precarious financial situation. She has recently had to bear the cost of her husband's funeral. In addition, she has had other expenses that have depleted her financial resources.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Board of Cosmetology enter a final order (1) finding that Respondent did not violate Section 477.029(1)(f), Florida Statutes, as alleged in the instant Administrative Complaint; (2) dismissing this charge; (3) finding that Respondent violated Section 477.029(1)(a) and (d), Florida Statutes, as alleged in the instant Administrative Complaint; and (4) imposing upon Respondent, for having committed these violations, an administrative fine in the amount of $500.00 ($250.00 for each violation), to be paid in monthly installments of $25.00 the first four months and $50.00 the next eight months. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 24 day of August, 1992. STUART M. LERNER Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 24 day of August, 1992.
The Issue The issue in this case is whether Respondent should be sanctioned for providing services as a cosmetologist without holding an appropriate license as required by Subsection 477.0265(1)(a), Florida Statutes (2005).
Findings Of Fact Vega is a native of Puerto Rico and has been a hair stylist since 1984. She was employed at the Beauty Gallery and Spa Salon (the "Salon") as a shampoo girl and receptionist at all times relevant to this proceeding. English is a second language to Vega, and she does not speak, read, or write the language well. At the final hearing in this matter, Vega testified through an interpreter or translator, Carmen Rodriquez. DBPR is the state agency responsible for, inter alia, the licensure of cosmetologists and cosmetology establishments in Florida. Daniel Hogan, JD, LLM, is a regional program administrator for DBPR, a position he has held for three years. He received training from his employer in order to perform inspections of cosmetology businesses and barbershops as part of his duties. He is responsible for the Orlando office and supervises the inspections of cosmetology and barber establishments conducted by that office. The Orlando office conducts about 3,500 such inspections each year, of which Hogan has involvement in approximately 500. On or about March 29, 2005, Hogan conducted a routine annual inspection of the Salon. During the inspection, Hogan noted two individuals working at the Salon: Vega and a Mr. Torres. Torres was sitting at the front part of the Salon. Hogan identified himself to Vega and Torres as an inspector for DBPR. Neither Vega nor Torres could produce a cosmetology license for review by Hogan when asked. Hogan saw Vega at a workstation, actively engaged in cutting a customer's hair. His efforts to question Vega concerning this matter were thwarted by Vega's inability to converse in English. Vega did produce for Hogan a cosmetology license, which had been issued in Puerto Rico. She also produced a copy of a letter from DBPR wherein Vega's application for licensure had been denied. The purpose of showing those documents to Hogan was to show him that she was a legal resident. She had initially perceived him as an immigration officer. During the course of Hogan's inspection, Ms. Matos, owner of the Salon, appeared. She confirmed to Hogan that Vega had been employed at the Salon for about twelve months. Matos did not appear at the final hearing. There was no testimony by the owner as to Vega's employment position at the Salon. Upon completion of his inspection, Hogan issued an inspection report and a Citation against Vega for practicing without a license. He gave Vega a copy of the citation, which Vega signed in his presence. The citation states that Vega was practicing cosmetology without a license.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered by the Department of Business and Professional Regulation upholding the fine assessed in the Administrative Complaint. DONE AND ENTERED this 22nd day of September, 2006, in Tallahassee, Leon County, Florida. S R. BRUCE MCKIBBEN 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 22nd day of September, 2006. COPIES FURNISHED: Raquel Santiago Vega 523 Delido Way Kissimmee, Florida 34758 Drew F. Winters, Esquire Matt Yeager Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Robyn Barineau, Executive Director Board of Cosmetology Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 Josefina Tamayo, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact On February 2, 1989, an inspector from the Department of Professional Regulation visited the Main Street Salon in Tampa and observed Patricia Shields, Respondent, alone in the salon practicing cosmetology. When he asked to see her license, Respondent presented the application for licensure which she had previously submitted to the Petitioner on September 2, 1988, and which was stamped received September 6, 1988. This application was returned to Respondent with notation that she had to get a confirmation from the state officials in Massachusetts that she held a valid cosmetology license in Massachusetts. After two attempts, Respondent received confirmation from Massachusetts that she held a valid cosmetology license in that state, and after November 15, 1988, Respondent submitted this information to the Department. This completed her application, including prescribed fees. Subsequent to November 15, 1988, Respondent inquired of a local cosmetology school if she could work as a cosmetologist after submitting a completed application, but before receiving a Florida license, and was told that she could. She was told that graduates from the beauty school could lawfully work as cosmetologists after graduating and applying for license, but before receiving a valid Florida license. Since Respondent had more training (1000 hours) than did graduates from this cosmetology school and had actually practiced cosmetology since 1984, she did not deem it necessary to contact Petitioner to confirm her qualifications to work as a cosmetologist--and did not do so. On February 3, 1989, license CL-0160553 was issued and mailed to Respondent licensing her to work as a cosmetologist in Florida (Exhibit 1). She received this license February 6, 1989, four days after the inspector had visited the Main Street Salon. At the time of the inspector's visit, February 2, 1989, Respondent, at the instigation of the investigator, signed a Cease and Desist Agreement in which she agreed to cease and desist from any future violations of Chapters 455 and 477, Florida Statutes (Exhibit 3). No evidence was presented that Respondent violated the Cease and Desist Agreement. Respondent frankly admitted that she had worked as a cosmetologist some five or six weeks before February 2, 1989, under the misapprehension that she could legally do so. Her primary objection here is to Petitioner's insistence that she pay a $500 penalty to retain her license.
Recommendation It is recommended that Patricia Shields be found guilty of practicing cosmetology without a valid license and that she be issued a written admonition. ENTERED this 30th day of October, 1989, in Tallahassee, Florida. K. N. AYERS Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 30th day of October, 1989. COPIES FURNISHED: Jack L. McRay, Esquire Department of Professional Regulation Northwood Centre 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0792 Patricia Shields 5607 21st Street Tampa, Florida 33610 Myrtle Aase Executive Director Board of Cosmetology Department of Professional Regulation Northwood Centre 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0792 Kenneth D. Easley General Counsel Department of Professional Regulation Northwood Centre 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0792 =================================================================
Findings Of Fact Respondent, Secret de Femme d/b/a Secret de Femme Hair Sculpture, operates a cosmetology salon at 65 Northwest 54th Street, Miami, Florida. It is the holder of cosmetology salon license number 0040317 issued by petitioner, Department of Professional Regulation, Board of Cosmetology (Board). Respondent, Gaston Eugene, does not hold any licenses issued by the Board. On or about November 5, 1987, a Board investigator, Frank Hautzinger, made a routine inspection of respondent's salon. 1/ When he entered the premises, he found a few persons in the salon, including one seated in a barber's chair. According to Hautzinger, respondent, Gaston Eugene, was "finishing up" the person seated in the chair. By this, Hautzinger meant that Eugene was brushing around the person's neck and collar as if he had just given that person a haircut. However, he did not actually see Eugene cutting hair, and Eugene received no compensation for his "services." Because Eugene speaks little or no English, Hautzinger was unable to carry on a meaningful dialogue with Eugene. He did learn that Eugene did not have a cosmetology license. A short time later, one of the owners, Amantha Jean-Joseph, returned to the salon. When questioned by Hautzinger about Eugene, she described Eugene as a temporary employee obtained through a local employment service. However, at hearing she denied making this statement. Both owners emphatically denied that Eugene was authorized to cut hair. Instead, they described his role as being limited to cleaning up the working area, cleaning barber tools, and opening and closing the shop. According to Amantha, on the day that Hautzinger visited the shop, Eugene had simply agreed to cut a nose hair of a friend and nothing more.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that all charges be DISMISSED. DONE AND ORDERED this 22nd day of April, 1988, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of April, 1988.
The Issue Whether Respondent, a cosmetology salon, permitted an unlicensed person to perform cosmetology services as alleged in the Administrative Complaint, dated April 24, 2007, and, if so, what disciplinary action should be taken against Respondent's license.
Findings Of Fact Based on the evidence and the entire record in this proceeding, the following findings of fact are found: At all times material hereto, Respondent was licensed and regulated by Petitioner, Department of Business and Professional Regulation, as a cosmetology salon owned by Immacula Evans. Respondent is a licensed cosmetology salon, license number CE9966208, whose address of record with Petitioner is 11329 North Nebraska Avenue, Tampa, Florida 33612. At all times material hereto, John R. Miranda was employed by the Petitioner as an Inspector. On or about March 8, 2006, Miranda conducted an inspection of Respondent's establishment located at 11329 North Nebraska Avenue, Tampa, Florida. Miranda observed that an unidentified male was practicing cosmetology without a license. A citation was personally issued to Respondent's owner. On or about March 17, 2006, Miranda conducted a re- inspection of Respondent's establishment. In the course of this inspection, Miranda observed that Pierre Elionze was practicing cosmetology without a license. A citation was issued to Respondent. On or about March 24, 2006, Miranda conducted another inspection of Respondent's establishment. In the course of this inspection, Miranda observed that Dwight Booquet, Christine Marc, and Moveta S. Swalters were each practicing cosmetology without a license. A citation was issued to Respondent. On or about June 7, 2006, Miranda conducted a further inspection of Respondent's establishment. In the course of the inspection, Miranda observed that Dwight Booquet was again practicing cosmetology without a license, and a citation was issued. On or about July 29, 2006, Miranda conducted another inspection of Respondent's establishment. In the course of the inspection, Miranda observed that Dwight Booquet yet again practicing cosmetology without a license, and a citation was issued. On or about August 11, 2006, Miranda conducted an inspection of Respondent's establishment. In the course of the inspection, Miranda observed that Dwight Booquet was again practicing cosmetology without a license, and a citation was issued. Respondent has engaged in the unlawful and repeated violations of Subsection 477.0265(1), Florida Statutes, between March 8 and August 11, 2006.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Board of Cosmetology enter a final order revoking Respondent's cosmetology establishment license number CE 9966208, and impose an administrative fine in the amount of $5,000. DONE AND ENTERED this 11th day of September, 2007, in Tallahassee, Leon County, Florida. S DANIEL M. KILBRIDE 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 11th day of September, 2007.
