Findings Of Fact Joanne Fletcher answered the telephone the day Eddie Dingler called The Summit Men's Hair Barbershop (Summit I) asking for work. He said he was Roffler- and Sebring-trained and that he held barber's licenses both in Alabama and in Florida. Ms. Fletcher relayed this message to respondent Donald C. Allgood. At the time, Mr. Allgood was half-owner of The Summit IV, and respondent Don Pettis owned the other half. Mr. Allgood had no ownership interest in Summit I, which was licensed to Mr. Pettis. Petitioner's Exhibit No. 3. Mr. Allgood acted as a sort of manager at Summit I the two or three days of the week he spent there, even though he was technically an independent contractor, working on commissions. Respondents had worked with each other for some seven years. The parties stipulated that respondent Donald C. Allgood "is a barber having been issued license number BB 0021833" and that respondent Don Pettis "is a barber having been issued license number BB 0011546." One Monday morning Eddie Dingler appeared in person at Summit I and talked to respondent Allgood about employment. Mr. Allgood called respondent Pettis, then took Dingler to respondent Pettis's house, where Ron Pettis was also present. Dingler told this group that he was licensed both in Florida and in Alabama and that he was conversant with the Roffler and Sebring tonsorial techniques. He was specifically asked whether he had a Florida license, and he answered affirmatively. He was not asked to produce the license certificate itself or the wallet-sized card that licensed barbers are issued. Barbers are under no requirement to carry this card on their persons. Respondent Pettis asked respondent Allgood to observe Dingler cutting hair and to hire him if he cut hair satisfactorily. Dingler was engaged as a barber on a commission basis. He proved to be a highly competent hair stylist, and "excellent barber," from a technical standpoint. Posted in is station at Summit I was what appeared to be a valid Florida barber's license with Dingler's name and photograph: he was wearing eye, glasses and a yellow shirt. Aside from the respondents, five witnesses saw this barber's license, which was counterfeit. Petitioner's Exhibit No. 1. Respondent Pettis remembered noticing a number of plaques on the wall at Dingler's station in Summit I, including something that looked like Dingler's license. Mr. Allgood was unable to say that he had specifically seen Dingler's barber's license at any time before Dingler gathered up his things to leave after being discharged from employment. After Dingler had worked at Summit I for about three months respondent Allgood asked him if he would like to work Mondays (when Summit I was closed at Summit IV. Dingler was Interested and reported for work at Summit IV the following Monday. Michael NcNeill let him in the barbershop ,and noticed what appeared to be an official Florida barber's license among Dingler's effects. After Mr. McNeill had left the Summit IV premises, Dingler allegedly sexually assaulted a 17-year-old patron. When respondent Allgood learned of this, he told victim's father that he would fire Dingler and do what he could to see that Dingler's barber's license was revoked. Dingler was discharged the day after the alleged assault. In discussing the matter with a law enforcement officer, respondent Allgood suggested that the Department of Professional Regulation (DPR) be notified so that proceedings to revoke Dingler's barber's license could be instituted. On November 24, 1980, Mr. Allgood voluntarily presented himself for an interview by Charles Deckert, an investigator for DPR. He assumed Mr. Deckert was developing a case so that action against Dingler could be taken. He learned in the interview for the first time that Dingler had never been licensed in Florida as a barber or a registered barber's assistant, according to DPR's records. In preparing the foregoing findings of fact, petitioner's proposed findings of fact and memorandum of law and respondents' proposed order have been considered, and the proposed statement and findings of fact have been adopted in substance.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That petitioner refrain from taking action against respondents on account of this technical violation. DONE AND ENTERED this 28th day of June, 1982, in Tallahassee, Florida. ROBERT T. BENTON, II 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 June, 1982. COPIES FURNISHED: Drucilla E. Bell, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Patricia Grinsted, Esquire Post Office Drawer 915 Shalimar, Florida 32579 Myrtle Aase Executive Director Barbars Board 130 North Monroe Street Tallahassee, Florida 32301 Samuel R. Shorstein, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
The Issue Whether the Barbers' Board should discipline the Respondent (a licensed barber and barbershop) for permitting a person in his employ to practice barbering without a license in violation of Sections 476.204(1)(a) and (h) and 476.194(1)(c), Florida Statutes (1987).
Findings Of Fact Respondent, Bruce Heineman, holds a valid Florida barber license, license number BB-0018489 which was originally issued on May 8, 1968, and has been continuously licensed as a barber since that time. No record of prior disciplinary action appears in Respondent's file. Respondent, Bruce Heineman operates a barbershop under the business name of "Cuttin Corners," located at 3107 South Orlando Drive, #7B, Sanford, Florida 32771. Said barbershop operates under a current valid barbershop license which was originally issued to Respondent on September 9, 1986. Sara Kemmeck, an inspector with the Department, testified that she personally observed an employee of Respondent, Tina Prescott, giving a customer a haircut on August 31, 1988, at his barbership. Upon demand, the employee was unable to produce a valid barbers license. The unrebutted evidence demonstrated that Tina Prescott was engaged in the practice of barbering without a valid license for a minimum of two weeks, while an employee of Respondent. Tina Prescott was issued a cosmetology license on November 7, 1988, license number CL-0174999, which permits her to practice barbering in a licensed barbershop.
Findings Of Fact Based upon my observation of the Petitioner's witness and his demeanor while testifying, documentary evidence received and the entire record compiled herein, I hereby make the following relevant findings of fact: During times material herein, Respondent was a licensed barber and the holder of license number BB 0006222. (Petitioner's Exhibits 1 and 2) During November of 1982, Petitioner's inspector, Steven Granowitz, made a routine inspection of barbershops with delinquent licenses. During the course of these routine inspections, Inspector Granowitz inspected the Broadway Barbershop which was being operated by the Respondent, Mary E. Smith. During the course of his inspection, Inspector Granowitz identified himself and asked to inspect the Respondent's current-active barber's license. Initially, Respondent related to Inspector Granowitz that her license had either been stolen or misplaced and that she could not keep track of the license. During the course of Inspector Granowitz's inspection, there were approximately four customers present and Inspector Granowitz's observation led him to believe that the Respondent had been continuously operating the barbershop without a license. It is so found. An examination of the documentary evidence introduced reveals that during 1979 Florida barbershop license number BS 0005766 was issued to the Respondent to operate the Broadway Barbershop located at 1133 NW 3rd Avenue, Miami, Florida. (Petitioner's Exhibit 3) The Respondent did not timely renew Florida barbershop license number BS 0005766. (See Petitioner's Exhibit 4) Following the inspection during November 30, 1982, by Inspector Granowitz, Respondent applied for a new barbershop license for the Broadway Barbershop and on December 13, 1982, Florida barbershop license number BA 0005766 was issued to the Respondent for the Broadway Barbershop. (Testimony of Granowitz and Petitioner's Exhibits 5, 6 and 7).
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is hereby RECOMMENDED that the Barbers' Board impose an administrative fine of $500.00 on Respondent. DONE AND ENTERED this 8th day of February 1984 in Tallahassee, Florida. JAMES E. BRADWELL 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 8th day of February 1984.
Findings Of Fact Paula Joan Thigpen, known also as Paula Thigpen, is licensed by the State of Florida, Barbers' Board, to practice as a barber in the State of Florida. Her license number is BB 0025059. Respondent had been married to one William Mann on two occasions, ending in divorce. In addition, Respondent had worked as a barber in a barbershop owned by her former husband. That shop is located at 465 Kingsley Boulevard, Orange Park, Florida. This arrangement allowed her to act as a manager in fact related to the financial aspects of that barbershop, during Mann's absence. In the summer of 1983, a discussion was entered into between the Respondent and her former husband on the topic of opening a barbershop in Middleburg, Florida. It was contemplated that Mann would own the shop and that the shop would be managed by the Respondent. Should the Respondent leave the community due to the duties of her present husband who was serving in the United States Navy, Respondent and Mann understood that the Respondent would be reimbursed for the money she invested in the shop in Middleburg. It was discussed that the Respondent would be guaranteed a salary at the beginning of the shop operation in Middleburg. Finally, it was discussed that should Mann wish to dispose of his ownership of the Middleburg barbershop, Respondent would pay him for his interest in the shop and become the owner. Both Mann and the Respondent spent money in trying to establish the barbershop in Middleburg, to include equipment, supplies, advertising and other related costs. Respondent also devoted labor to establishing the shop in Middleburg. To this end, space was leased in a building in early September, 1983, with Respondent representing herself to the lessor as a partner with Mann. On September 16, 1993, Mann traveled to Tallahassee and obtained a barbershop license for the Middleburg operation, No. BS 0007886. He listed himself as the owner of the shop and paid a $25 licensing fee. The barbershop license came into the hands of the Respondent following its issuance. This occurred sometime between September 16, 1983, and September 21, 1983. The barbershop in Middleburg opened on September 19, 1983, a week earlier than had been anticipated by Mann. On that same date he contacted the Respondent and indicated that he did not wish to pursue the business venture of opening the barbershop. He stated on that occasion that he felt that it would cost too much money and the he was not in a position to guarantee the salary for the Respondent and another person who would be working in the shop. Mann offered to have the Respondent return to his business in Orange Park, Florida. Respondent declined this opportunity. Discussion was then entered into on the possibility of the Respondent buying out Mann's ownership interest. Mann did not accept that disposition. He simply stated that he wanted the shop closed. There was a further conversation on September 20, 1983, in which Mann indicated his willingness to sell the shop based upon the amount of money he had invested in the equipment and supplies and a fee which he thought he was entitled to based upon the aggravation caused by the venture. On September 21, 1983, Mann appeared at the barbershop in Middleburg and told the Respondent that he no longer wished to sell his ownership of the shop. He told her that he wished to have the shop closed and wanted the license which had been issued for the barbershop. Respondent told him that she did not know where the license was. In fact, she had it at her home. Following this exchange Mann sought the assistance of law enforcement and after discussion between a law enforcement officer and the Respondent and her former husband, Mann left the licensed premises in Middleburg, Florida. He departed in view of the fact that the lease was signed by the Respondent, accepting the officer's suggestion that he leave given the indicia of control which the lease seemed to place in the hands of the Respondent, in the eyes of the officer. Before the September 21, 1983, exchange, Respondent had prepared a document which would settle the transfer of ownership from Mann to her. That document was never executed. Nonetheless, Respondent was of the opinion that she was entitled to the ownership interest in the barbershop and she traveled to Tallahassee, Florida, on that date and sought and obtained a barbershop license for the Middleburg, Florida shop for which an initial license had been issued to Mann. The license issued to Respondent for that barbershop was BS 00078887. In the application for that license she indicated that she was the sole owner of the shop and the equipment in the shop. This request for transfer was not authorized by Mann, the shop license holder. Following the issuance of the barbershop license for the same barbershop in Middleburg, Florida, as had been licensed for the benefit of Mann, her former husband offered to sell her his interest in the shop. This offer was made in January, 1984. The offer was only open for a couple of days and the parties were unable to come to an agreement on the purchase. That sale has yet to occur. Under the circumstances of this case, as shown in the course of the hearing, Mann has remained the owner of the barbershop licensed for the Middleburg, Florida operation. This is a fact understood by the Respondent. Although there have been occasions in which Mann seemed willing to sell his ownership and associated license, that purchase was never consummated.
Recommendation Upon the consideration of the facts found and the conclusions of law reached, it is RECOMMENDED that a Final Order be entered which revokes the barbershop registration No. BS 00078887 issued in the name of Paula Thigpen, imposes a civil penalty in the amount of $500 pursuant to Section 476.204, Florida Statutes, and declines the imposition of further penalties as might be allowed by Section 476.214(1), Florida Statutes, and Section 455.227(1), Florida Statutes. DONE AND ENTERED this 10th day of October 1984 in Tallahassee, Florida. CHARLES C. ADAMS 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 10th day of October 1984. COPIES FURNISHED: Theodore R. Gay, Esquire Staff Attorney Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 L. J. Arnold, III, Esquire Post Office Drawer "D" Green Cove Springs, Florida 32043 Myrtle Aase, Executive Director Barber's Board 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 Whether or not Respondent practiced barbering without a current active license in violation of Sections 476.204(1)(a) and (h), Florida Statutes.
Findings Of Fact Petitioner, Department of Professional Regulation, is the state agency charged with regulating the practice of barbering pursuant to Section 20.30, Florida Statutes and Chapter 476, Florida Statutes. Ricardo Blanco, Respondent herein, during times material hereto, was not licensed to practice barbering in Florida. On September 30, 1988, Steve Yovine, an inspector employed by Petitioner, Board of Barbers, made a routine inspection of Vic's Barber Shop located at 9010 Hickory Circle in Tampa, Florida. At that time, Respondent was practicing barbering and had been so doing since approximately September 29, 1988. 1/ Since Inspector Yovine's inspection of Vic's Barber Shop on September 30, 1988, Respondent has not practiced barbering without a license.
Recommendation Based on the foregoing findings of fact and conclusions - of law, it is RECOMMENDED that: Petitioner enter a Final Order imposing an administrative fine against Respondent in the amount of $100 which shall be payable within 30 days of entry of the Final Order entered herein. 2/ DONE AND ENTERED this 8th day of July, 1989, in Tallahassee, Leon County, Florida. JAMES E. BRADWELL 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 18th day of July, 1989.
Findings Of Fact On May 5, 1953 Petitioner issued barbershop license number BS0007761 to Respondent for the operation of Mr. S. Haircuttery, a barbershop located at 17846 South Dixie Highway, Miami, Florida. Petitioner's letter to Respondent dated May 5, 1983 states, "All persons employed as barbers or barber assistants are required to have a current and valid license." Respondent has maintained his license and operated Mr. S. Haircuttery, as owner, at all times material hereto. On October 16, 1984 Bettye C. Rogers, an inspector employed by Petitioner, entered Mr. S. Haircuttery to inspect the premises. The barbershop was very clean and sanitary, and had all required equipment. Ms. Rogers observed a person, later identified as Marietta Thompson, cutting a customer's hair. Upon inquiry it was determined that Marietta Thompson was not licensed at the time by the Barbers' Board or the Board of Cosmetology. Respondent admits that Marietta Thompson was not licensed at the time of the inspection. He points out, however, that her employment of four days was immediately terminated, and that she had been referred to him by a cosmetology school as a person who had passed her cosmetology exam and was just waiting to receive her license. Respondent has been licensed as a barber in Florida for approximately twenty years and as a cosmetologist for approximately seven years. During that time he has owned and operated four licensed shops and employed approximately fifteen licensed employees at his shops. The evidence establishes that the incident involving Marietta Thompson is Petitioner's only violation of the applicable licensing laws during the time he has been licensed. Marietta Thompson was employed by Respondent from October 13 to October 16, 1984. In making the above findings of fact, proposed findings submitted by Petitioner pursuant to Section 120.57(1)(b)4, F.S., have been considered. A ruling on each proposed finding of fact has been made either directly or indirectly in this Recommended Order, except where such proposed findings have been rejected as subordinate, cumulative, immaterial or unnecessary.
Recommendation Based upon the foregoing, it is recommended that petitioner issue a Final Order which imposes a reprimand against Respondent's barber shop license number BS0007761. DONE and ENTERED this 2nd day of April, 1985 at Tallahassee, Florida. DONALD D. CONN 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 2nd day of April, 1985
Findings Of Fact Respondent Michael Harris is a licensed cosmetologist having been issued license number CL 0104278. However, respondent's license has not been current from July 1, 1982 through at least July 24, 1984. Prior to April 13, 1983, respondent acquired and began operating Northwood Barber Shop, a cosmetology salon located at 513 Northwood Road, West Palm Beach, Florida. However, respondent never obtained a cosmetology salon license to operate at the location and did not obtain a barber shop license from the Florida Barbers Board to operate at that location until December 2, 1983. On or about April 13, 1983, respondent was operating Northwood Barber Shop. In addition, on or about April 13, 1983, respondent himself was practicing cosmetology and holding himself to be a cosmetologist without being duly licensed as a cosmetologist. After December 2, 1983, respondent was lawfully operating the Northwood Barber Shop, having been issued a barber shop license by the Florida Barbers Board. However, on June 14, 1984, respondent again was practicing cosmetology and holding himself out to be a cosmetologist without being duly licensed. Respondent did not raise or prove as a defense that he was licensed as a barber by the Florida Barbers Board on either April 13, 1983 or Jun 14, 1984. On the contrary, respondent's admissions to petitioner's inspector on those dates and other occasions affirmatively suggest that respondent was not licensed as a barber.
Recommendation Based upon the foregoing Findings Of Fact and Conclusions Of Law, it is recommended that the Board of Cosmetology impose upon respondent Michael Harris an administrative fine in the amount of $500.00. Recommended this 4th day of September, 1984, in Tallahassee, Florida. J. LAWRENCE JOHNSTON 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 4th day of September, 1984. COPIES FURNISHED: Theodore R. Gay, Esquire Department of Professional Regulation 130 North Monroe 130 North Monroe Street Tallahassee, Florida 32301 Mr. Michael Harris 513 Northwood Road West Palm Beach, Florida 33407 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Myrtle S. Aase, Executive Director Board of Cosmetology 130 North Monroe Street Tallahassee, Florida 32301
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 is now, and has been since November 26, 1990, licensed to operate the Bailey Unisex Barbershop (Barbershop), a barbershop located at 1412 N.W. 119th Street in Miami, Florida. She acquired the Barbershop from her father, Constantine Bailey. Bailey is a barber. He works for his daughter at the Barbershop. Charles E. Frear is an inspector with the Department. On December 22, 1990, Frear conducted an inspection of the Barbershop. Upon entering the Barbershop, Frear was greeted by Bailey, who told Frear that Respondent was out of town. Bailey appeared to be in charge of the establishment in Respondent's absence. During his inspection, Frear observed Edward Purcell and George Roberts cutting the hair of customers in the Barbershop. Purcell and Roberts were not at the time, nor have they ever been, licensed to practice barbering in the State of Florida. Accordingly, when Frear approached them and asked them to show him their barbering licenses they were unable to do so. The only violations found by Frear during his visit to the Barbershop related to Respondent's employment of these two unlicensed barbers. He noticed on display on the premises a temporary license authorizing Respondent to operate the Barbershop. Furthermore, it appeared to him that all sanitary requirements were being met. Ten days prior to the final hearing in this matter, Frear paid a return visit to the Barbershop. He was again met by Bailey upon entering the establishment. No one else was present in the Barbershop. Frear's inspection of the premises revealed no apparent violations.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Barbers' Board enter a final order (1) finding that Respondent committed the violations of law alleged Counts II and III of the instant Administrative Complaint; and (2) imposing upon Respondent an administrative fine in the amount of $750.00 for having committed these violations. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 17th day of September, 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 17th day of September, 1991.
