Findings Of Fact Mrs. Marge Edwards, Inspector with the Florida State Board of Cosmetology, issued a notice of violation citing Respondent for "owner leaving one cosmetologist, one student permit working alone". The time of the violation notice was dated 2:10 p.m. on June 1, 1974. Respondent George D'Zanko was out of the George D's beauty salon, a business which he owns and operates as the master cosmetologist on June 1, 1974 during the hours which includes 2:10 p.m. Mr. D'Zanko admits that he was out of the shop at that time. Respondent entered a motion to dismiss contending that Chapter 477, Florida Statutes, did not require his presence in the shop while the cosmetologists were working therein. Section 477.04, Florida Statutes, states "no registered cosmetologists may independently practice cosmetology, but he may as a cosmetologist do any or all of the acts constituting the practice of cosmetology under the immediate personal supervision of a registered master cosmetologist". The attorney for Respondent D'Zanko equates Chapter 476, Florida Statutes, which regulates barbers with Chapter 477, Florida Statutes, which regulates cosmetologists, and cites Lett vs. Florida Barbers Salary Commission, Fla. App. 247 So.2d 335, for his position that inasmuch as Respondent was in the neighborhood of the salon the actual presence of Respondent was not necessary. The Board contends that the Respondent allowed a cosmetologist to practice cosmetology without the presence and supervision of a master cosmetologist in violation of Chapter 477, Florida Statutes. The Board contends that the presence of a master cosmetologist in a salon where the art of cosmetology is being practiced is a protection for the public and that Respondent allowed his shop to be operated without the supervision of a master cosmetologist. That the license of the Respondent should be revoked, annulled, withdrawn or suspended. The Hearing Officer finds: That Chapter 477, Florida Statutes, requires that a master cosmetologist be present in a cosmetology salon at all times when the art of cosmetology is being practiced; That Respondent George D'Zanko, the owner of the salon, Styles by George D', Inc., allowed cosmetology to be practiced in his salon at a time when there was no master cosmetologist therein; That the direct supervision of a master cosmetologist is a protection for the customers in the application of materials used in practicing the art of cosmetology.
Findings Of Fact The Respondent was licensed by the State of Florida to practice cosmetology, having been issued license number CL 0030044. On September 27, 1966, the Respondent was issued a cosmetology salon license numbered CE 0009517 authorizing the operation of a cosmetology salon called "Bonnie's Boutique," located at 426 South Pineapple Avenue, Sarasota, Florida, owned by the Respondent. The petitioner is an agency of the State of Florida charged with enforcing the provisions of Chapter 477, Florida Statutes, as that relates to licensing and regulation of the activities and practices of cosmetologists and cosmetology salons. After assuming ownership of, and obtaining licensure for the operation of a cosmetology salon, the Respondent began operating Bonnie's Boutique, She operated Bonnie's Boutique as a cosmetology salon until approximately June 30, 1980, when her cosmetology salon license became ripe for renewal. She was leasing the premises in which she operated her business, which lease continued through August of 1983. The Respondent failed to renew her cosmetology salon license number CE 0009517 after it expired on June 30, 1980. From that time until August, 1983, when the lease on the premises expired, the Respondent operated Bonnie's Boutique, albeit on a limited basis due to health problems, performing cosmetology services primarily for friends and relatives. Sometime in January, 1983, in the course of an investigation of the Respondent's activities with regard to the salon premises, it was discovered by petitioner's investigator that the Respondent was operating the cosmetology salon at the above address on at least an intermittent basis without a current cosmetology salon license. Due to health problems, the Respondent has never sought to operate a fully active cosmetology salon business since the expiration of her salon licensure on June 30, 1980. Aside from the subject action there has never been any other disciplinary proceeding instituted against the Respondent with regard to her licensure status.
Recommendation Having considered the foregoing Findings of Fact and Conclusions of Law, and the evidence of record, it is, therefore RECOMMENDED: That a Final Order be entered imposing the penalty of a reprimand on the Respondent Bonnie J. Wagoner. DONE and ENTERED this 20th day of February, 1984, in Tallahassee, Florida. P. MICHAEL RUFF 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 20th day of February, 184. COPIES FURNISHED: Theodore R. Gay, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Bonnie J. Wagoner 1714 Devanshire Sarasota, Florida 33577 Myrtle Aase, Executive Director Board of Cosmetology Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Fred M. Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
The Issue Respondent's alleged violation of section 477.02(1), (3), (6), Florida Statutes. A copy of the Administrative Complaint and Notice of Hearing was received by Respondent, but he did not appear at the hearing. (Exhibit 1) At the commencement of the hearing, Petitioner's representative stated that Respondent's place of business, Jane's Beauty Salon, Fort Myers, Florida, is out of business and that Certificate of Registration to operate a beauty salon in that name No. 19330 issued by Petitioner in December, 1973, is no longer valid. Accordingly, counsel for Petitioner interposed no objection to dismissal of the matter.
Recommendation The the allegations against Respondent be dismissed. DONE and ENTERED this 28th day of July, 1976, in Tallahassee, Florida. COPIES FURNISHED: Ronald C. LaFace, Esquire P.O. Box 1752 Tallahassee, Florida Leon Rizzuto 2351 East Mall, Apartment 103 Fort Myers, Florida 33901 THOMAS C. OLDHAM Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304
The Issue Whether Respondent violated Section 477.02(6); 477.15(8); 477.27(1) and (2), F.S. by allowing a person to practice the art of cosmetology in her salon without said person being a registered cosmetologist by the State of Florida.
Findings Of Fact Respondent, Marlene Fletcher, d/b/a the Beauty Parlour, did allow one Victoria Kane to practice the art of cosmetology, to-wit: the giving of a permanent wave to a customer in Respondent's salon at a time in which she held no Florida license. Respondent discussed by long distance telephone the circumstances attending the giving of said permanent wave by the said Victoria Kane. The said Victoria Kane was not in the employ of the Respondent; however, said Victoria Kane was under the control of the Respondent inasmuch as the practice of the art of cosmetology was in the salon of Respondent and at a time in which the Respondent was present.
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: 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.
Findings Of Fact Respondent held a salon registration certificate at the time of this violation. The salon certificate of registration was not displayed inasmuch as the certificate was for a salon from which Respondent had moved and Respondent had not secured a certificate for the salon in which she was operating. Respondent has secured a certificate of registration to operate the beauty salon in which she is not operating. The Notice to appear, Complaint, and receipt for certified mail was entered into evidence as Composite Exhibit 1 without objection.
Recommendation Suspend the certificate of registration of the Respondent for a period of thirty (30) days or less. August 29, 1975 (date) Delphine C. Strickland Hearing Officer Division of Administrative Hearings Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Ronald C. LaFace, Esquire Post Office Box 1752 Tallahassee, Florida 32302 Ms. Artie Leigh Mitchell 427 Roosevelt Avenue Merritt Island, Florida Ms. Bertha Stockton 1717-16th Street, South St. Petersburg, Florida 33712 Ms. Mary Alice Palmer Executive Director Board of Cosmetology Post Office Box 9087 Winter Haven, Florida 33880 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA FLORIDA STATE BOARD OF COSMETOLOGY STATE BOARD OF COSMETOLOGY, Complaintant, vs. CASE NO. 75-1013 BERTHA STOCKTON, Respondent. /
