The Issue Whether Respondent practiced cosmetology in a salon in Florida without a Florida cosmetologist license as required by Chapter 477, Florida Statutes. Whether Respondent's license should be revoked, annulled, withdrawn or suspended.
Findings Of Fact Respondent admitted the violation of Chapter 477, Florida Statutes, as charged by the Florida State Board of Cosmetology. Respondent practiced cosmetology without a Florida license. Respondent now has a current Florida Cosmetologist License No. 19649.
The Issue Whether the certificate of registration of Respondent should be revoked, annulled, withdrawn or suspended for the reason that Respondent, Arguster Jackson, did work as a master cosmetologist without a valid certificate of registration.
Findings Of Fact A copy of the Complaint with attached license, the certificate, and receipt for certified mail were entered into evidence as requested and marked Exhibit 1 without objection. Respondent entered a guilty plea, a copy of which was entered into evidence as requested without objection and marked Exhibit 2. Respondent Jackson did operate without a current registration required by Chapter 477, Florida Statutes. Respondent secured her master cosmetologist certificate within a time laps after the filing of this Complaint.
The Issue The issue in this case is whether the Petitioner filed an application or request for reactivation of his license to practice medicine in the State of Florida pursuant to Section 458.313(8), Florida Statutes.
Findings Of Fact The Petitioner, Carlos Warter, M.D., 4/ was first issued a license to practice medicine in the State of Florida on August 2, 1977. It was a license by endorsement. For several years following 1977, the Petitioner practiced medicine in Chile. By letter dated July 2, 1980, the Florida Board of Medical Examiners wrote to the Petitioner about the status of his Florida license. The letter included the following: Pursuant to Section 458.051(3), Florida Statutes, a license obtained by endorsement in this State shall become void and of no force and effect unless the recipient utilizes the same by actively engaging in the practice of medicine in the State of Florida within three (3) years after the issuance of the license and continues such practice in this State for a minimum period of one (1) year. This practice requirement may be postponed only if and while the holder of an endorsement license is in the active military service of the United States or in an AMA approved training program. The Petitioner never actively engaged in the practice of medicine in Florida. Accordingly, by operation of Section 458.051(3), Florida Statutes, his Florida license, obtained by endorsement, became void and of no force and effect. After practicing for many years in other jurisdictions, the Petitioner decided he wanted to live in Florida and practice medicine in Florida. To that end, he contacted the staff of the Board of Medicine to inquire as to what would be required of him to obtain a license to practice medicine in Florida. As a result of his conversations with Board staff, the Petitioner believed that he could not reactivate his prior Florida license, which had become void by his failure to ever practice medicine in Florida. 5/ Based on that belief, the Petitioner did not file an application seeking to reactivate his void license. Rather, he filed an application seeking a new license by endorsement pursuant to Section 458.313(1), Florida Statutes. The Petitioner filed an application for licensure by endorsement on or about April 19, 1998. Question 9 on the application form reads: "Are you or have you ever held any professional/medical license in any State in the U.S., to include Canada, Guam, Puerto Rico or U.S. Virgin Islands? (If yes, list profession(s), state(s), license numbers(s), and date(s) of issuance.)" The Petitioner's answer was: "California 1980 to date/A35572." The Petitioner did not list his prior Colorado or New Mexico licenses to practice medicine. More importantly, he did not list his prior, now void, license to practice medicine in the State of Florida. Further, the Petitioner's prior license to practice medicine in the State of Florida is not mentioned anywhere else in the Petitioner's application for license by endorsement filed on May 19, 1998. 6/ Following several requests for additional information, the Petitioner's 1998 application was scheduled for consideration at a meeting of the Credentials Committee of the Board of Medicine on November 14, 1998. The Petitioner was present at the November 14, 1998, meeting, at which time he was not represented by legal counsel. At the conclusion of that meeting, the Credentials Committee voted unanimously to recommend that the Petitioner's application for licensure by endorsement be denied. During the meeting on November 14, 1998, there was no mention by either the Petitioner or any member of the Credentials Committee of the subject of reactivating the Petitioner's prior void license. The Petitioner was, of course, disappointed with the vote of the Credentials Committee. He was also of the view that the members of the Credentials Committee had treated him in a shabby, rude, and disrespectful manner, and that they had failed to properly perform their duties. Following his first appearance before the Credentials Committee of the Board of Medicine, the Petitioner obtained legal counsel. On January 20, 1999, the Petitioner wrote a letter to Governor Jeb Bush, which included the following comments: I first called the Board of Medicine and asked to have my license reactivated, but was informed that was not possible, and that I would have to reapply for licensure. * * * I then hired an attorney to assist with my application. She notified me that I was eligible to receive a license under a provision that allowed for reactivation of my license in certain circumstances. Therafter, the Petitioner's legal counsel made numerous efforts to persuade the Credentials Committee and the full Board of Medicine to treat the Petitioner's application of May 19, 1998, as an application for reactivation under Section 458.313(8), Florida Statutes. Those efforts were unsuccessful and the Board of Medicine, on March 5, 1999, issued a Notice of Intent to Deny Application for Licensure by Endorsement. The stated grounds in the notice were failures to meet several requirements of Section 458.313(1), Florida Statutes. The notice did not mention Section 458.313(8), Florida Statutes.
Recommendation Based on all of the foregoing, it is RECOMMENDED that a final order be issued in this case concluding that the Petitioner, Carlos Warter, M.D., is not eligible for licensure under Section 458.313(1), Florida Statutes, because he admittedly fails to meet all of the requirements for issuance of a license under Section 458.313(1), Florida Statutes, and that he is not eligible for licensure under Section 458.313(8), Florida Statutes, because he has never filed an application for reactivation of his prior voided license pursuant to Section 458.313(8), Florida Statutes, and the statutory deadline for filing such applications has expired. 7/ DONE AND ENTERED this 28th day of September, 1999, in Tallahassee, Leon County, Florida. MICHAEL M. PARRISH 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 28th day of September, 1999.
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
Findings Of Fact At all times material hereto, Katherine Zavattaro was licensed to practice cosmetology in the State of Florida, having been issued license number CL 0076721. At all times material hereto, Katherine Zavattaro was licensed to operate a cosmetology salon named Kit's Beauty Spot and located at 3169 East Atlantic Boulevard, Pompano Beach, Florida. On January 25, 1968, Linda Jones was issued Florida cosmetologist license number CL 0060025. This license was subject to a biennial renewal condition that required it to be renewed by June 30 of each even-numbered year. (See Rule 21F-18.06, F.A.C. quoted in pertinent part below). On January 26, 1984, an inspector employed by Petitioner, observed Jones performing cosmetology services during a routine cosmetology salon inspection of Kit's Beauty Spot. Jones was unable to produce a current, active Florida cosmetologist license upon demand by the inspector. The license posted at Jones' work station had expired on June 30, 1982. Jones told the inspector that she had mistakenly left her current license at home. However, a check of Petitioner's licensing records indicated that Jones had never renewed the license which expired on June 30, 1982. A further check of Petitioner's files subsequent to the hearing revealed no correspondence or other evidence which would support Jones' claim. Jones testified under oath at hearing that in May, 1982, she applied to renew her Florida cosmetologist license. She further testified that around August, 1982, when she had not yet received her renewed license, she made a telephone call to Tallahassee, and was informed that her renewal application had not been received. She testified that in October or November, 1982, she reapplied to renew her cosmetologist license and that near the end of December, 1982, she received her renewed license. Respondent Jones was unable to produce any documentary evidence to corroborate this testimony. She stated that she apparently lost the license as well as the money order receipt which would have supported her claim that she tendered the license renewal fee. Petitioner and Respondent Jones were given a further opportunity to search for evidence of license renewal or attempted renewal. However, no late-filed exhibits were submitted which would support Jones' testimony. At all times material hereto, Katherine Zavattaro was the owner of Kit's Beauty Spot. In June, 1982, she hired Linda Jones to work there as a cosmetologist while Jones' license was still active. She did not require Jones to produce a current Florida cosmetologist license thereafter, and apparently relied on Jones' claim of renewal and her own knowledge that Jones had previously been employed at other cosmetology salons. Jones continued to work for Zavattaro as a cosmetologist at Kit's Beauty Spot, and was so employed at the time of Petitioner's inspection on January 26, 1984. The conflicting evidence regarding Jones' licensure status is resolved against her. Respondent Jones' inability to produce any evidence to support her testimony that she had paid for and/or been issued a license, along, with the absence in Petitioner's public records of any evidence that such license had been applied for, paid for or issued, establish that Jones' testimony is a product of mistake or fabrication.
Recommendation Based on the foregoing, it is RECOMMENDED that Petitioner enter a Final Order fining Respondent Linda Jones $500, and issuing a reprimand to Respondent Katherine Zavattaro, DONE and ENTERED this 13th day of September, 1984, in 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 13th day of September, 1984.
The Issue Whether the Respondent committed the offenses set forth in the Administrative Complaint filed in this case and, if so, what disciplinary action should be taken.
Findings Of Fact At all times material hereto, Jerrold D. Bass was owner and president of J. D. Bass & Company, Inc., which held cosmetology license number CE 0040858. On or around November 2, 1988, Respondent employed Mr. Thomas J. Tilelli to practice cosmetology. Mr. Tilelli's license to practice cosmetology had expired on approximately July 1, 1988. On or around November 2, 1988, and , again, on or around January 6, 1989, combs and brushes were out on work stations at the salon. However, the proof fails to support the Petitioner's contention that combs and brushes were dirty and were used on more that one patron without sanitizing them between patrons. Rather, the combs and brushes were in use on each occasion and were not used on more than one patron of the salon without being sanitized between each patron. On balance, the proof fails to demonstrate that Respondent committed any sanitary violations. But, by employing Mr. Tilelli with his expired license and by allowing him to practice without a valid license, Respondent did violate the provisions of the Florida Cosmetology Act.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED the a final order be entered imposing on Respondent an administrative fine of $200. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 30th day of June 1989. JANE C. HAYMAN 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 June 1989. COPIES FURNISHED: Tobi Pam, Esquire Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0729 Jerrold D. Bass 5579 North University Drive Lauderhill, Florida 33321 Myrtle Aase, Executive Director Board of Cosmetology Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0729
Findings Of Fact The Respondent holds a current license #FT0502271 issued by Petitioner. The Board's records reflect that the Respondent had entered into a stipulation with the Board which provided for the Respondent to pay the Board $250 every 30 days for 120 days, for a total of $1,000. The Respondent paid the Board $750. The Petitioner did not notify the Respondent in writing of the intent to impose a suspension for failure to pay the remaining fine in a timely manner and to advise her of her rights to a hearing on the Board's proposed action. The records of the Petitioner show that the Respondent's license was suspended on November 1, 1991. The Board did not show it gave the Respondent notice of its intent to suspend or the suspension of her license. An inspector observed the Respondent practicing after November 1, 1991. These charges arose from the Respondent practice after November 1, 1991. The Respondent has filed for bankruptcy.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law set forth herein, it is, RECOMMENDED: That the Administrative Complaint against the Respondent be dismissed. DONE and ENTERED this 26th day of August, 1992, in Tallahassee, 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 26th day of August, 1992. COPIES FURNISHED: Kaye Howerton, Executive Director Board of Cosmetology Department of Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0792 Charles F. Tunnicliff, Esquire Department of Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0792 Peggy H. Alabiso 9802-17 Baymeadows Road Jacksonville, FL 32256 Jack McRay, General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0792
