Findings Of Fact At all times material hereto, Respondent has been licensed to practice cosmetology in the State of Florida, having been issued license number CL-0122685, although as of June 30, 1984, Respondent's license reverted to inactive status since it had expired and was not renewed. Respondent was duly notified of the final hearing in this case both at her last address of record in Petitioner's file and also at the address shown on her Election of Rights form. On October 16, 1984 Marjorie May, an inspector employed by Petitioner, inspected a salon known as One Hair Place located at 2014A Drew Street, Clearwater, Florida. The inspector discovered that Respondent was working as a cosmetologist without a current active license. A work station was set up for Respondent in the salon and there were entries in the salon appointment book for her on that day. Respondent admitted to the inspector that she was working at the salon without a current active license.
Recommendation Based upon the foregoing, it is recommended that a Final Order be issued imposing an administrative fine against Respondent in the amount of two hundred and fifty dollars ($250.00). DONE and ENTERED this 15th day of July, 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 15th day of July, 1985. COPIES FURNISHED: Theodore R. Gay, Esquire Department of Professional Regulation . 130 North Monroe Street Tallahassee, Florida 32301 Diane Kilpatrick 2014-A Drew Street Clearwater, Florida 33515 Diane Kilpatrick Fisher 3950 78th Avenue Pinellas Park, Florida 33565 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Salvatore A. Carpino, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Myrtle Aase, Executive Director Department of Professional Regulation Board of Cosmetology 130 North Monroe Street Tallahassee, Florida 32301
The Issue Whether Respondent should be fined for alleged violations of Chapter 477, Florida Statutes, occurring prior to her licensure.
Findings Of Fact Respondent, Catherine Shepherd, is the owner of a cosmetics studio named Merle Norman Cosmetics. The studio is located at 13275 South 14th Street, Leesburg, Florida 32748. Her primary business is the sale of cosmetics to the public. A very small portion of her business is nail sculpting. Except for the nail sculpting, Respondent is not otherwise subject to the strictures of Chapter 477, Florida Statutes. Respondent, dba Merle Norman, is a licensed cosmetology salon in the State of Florida having been issued license number CE 0048712. Respondent obtained her license January 24, 1989, after Petitioner's investigator informed her that the law required her to have a cosmetology salon license in order to do nails at her establishment. Prior to January 24, 1989, Respondent was not licensed as a cosmetology salon. When the cosmetology statutes were last adopted, Respondent was informed by the Board's investigator that she would have to employ a licensed cosmetologist in order to do nails at her studio. Respondent thence forward employed a licensed nail sculptor to perform this service. However, the Board's investigator did not inform Respondent that she was also required to have a cosmetology salon license to employ a licensed nail sculptor. She was, therefore, unaware that the law required such a license. Respondent operated as a cosmetology salon without a license for approximately two years.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Board of Cosmetology enter a Final Order fining the Respondent one hundred dollars ($100.00). DONE and ENTERED this 18th day of July, 1989, in Tallahassee, Florida. DIANE CLEAVINGER 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 July, 1989. APPENDIX CASE NO. 89-2445 The proposed facts contained in paragraphs 1, 2, 3 and 4 of Petitioner's proposed Findings of Fact are adopted, in substance, in so far as material. The proposed facts contained in paragraphs 5 and 6 of Petitioner's proposed Findings of Fact are subordinate. COPIES FURNISHED: Cynthia Gelmine, Esquire Department of Professional Regulation North wood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0760 (904) 488-0062 Catherine Shepherd dba Merle Norman 1327 South 14th Street Leesburg, Florida 32748 Ms. Myrtle Aase Executive Director Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, Florida 32390-0729 Kenneth Easley, Esquire Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, Florida 32390-0729
The Issue Whether Petitioner’s application for licensure as a preneed sales agent should be approved.
Findings Of Fact Based upon the evidence presented at hearing, the following relevant Findings of Fact are made. Petitioner seeks a license as a preneed sales agent so that she may work at Good Shepherd Memorial Gardens Funeral Home (“Good Shepherd”). Petitioner plans to work as a family service advisor to help families with preneed services. A preneed sales agent assists families with planning for funeral or burial needs prior to death. Petitioner anticipates she would conduct meetings with potential customers at the cemetery or in their homes. Petitioner worked with Good Shepherd from January 2018 until June 2018. Although Petitioner is currently not employed at the funeral home, she anticipates that Good Shepherd would allow her to return to work if her application for licensure is approved. Respondent is the state entity responsible for regulating licensure of persons who provide preneed sales services under chapter 497, Florida Statutes. When applying for any license under chapter 497, Respondent considers whether the applicant has a criminal record. An applicant must disclose any felony offense that was committed within 20 years immediately preceding the application. The Board then considers the applicant’s criminal history and whether the applicant would pose an unreasonable risk to members of the public who might deal with the applicant in preneed transactions. Petitioner has a criminal history involving an incident that occurred two years ago. In September 2016, Petitioner’s husband placed Petitioner’s then eight-year-old daughter in a dog cage because the daughter had allegedly mistreated the family dog. Petitioner returned home from work, found her daughter in the dog cage, and removed her. In a separate but related incident, Petitioner watched her husband take her daughter to her bedroom. Petitioner entered the daughter’s bedroom and saw her husband spanking her child with a flip-flop sandal on her behind. At no point did Petitioner attempt to protect her daughter from her husband’s abusive actions or report him to the appropriate authorities. The abuse was ultimately reported by a roommate who lived in the home. On June 12, 2017, Petitioner (age 28) pled nolo contendere to one count of child neglect without great bodily harm, a third-degree felony, in violation of sections 827.03(1)(e) and 827.02(2)(d), Florida Statutes. The court sentenced Petitioner to: one day of jail time with credit for time served, probation for 24 months, 100 hours of community service (within the 18 months of probation), and peaceful contact with her daughter. Petitioner was also ordered to pay court costs and fees and fines in the amount of $937.00. Adjudication of guilt was withheld. Petitioner’s husband, who was not the child’s biological father, pled guilty to two counts of child abuse without great bodily harm. Among other things, he was ordered to have no contact with the child. Prior to the criminal offense at issue in this matter, Petitioner had no criminal history. In addition, Petitioner has had no known contact with law enforcement since the criminal offense. In a Notice of Intent to Deny issued on April 26, 2018, Respondent notified Petitioner that her application for a preneed sales agent license had been denied as follows: On June 7, 2017, Ms. Hoff pled no contest to a felony charge of child neglect without great bodily harm and was sentenced to 24 months of probation, 100 hours community service, assessed court costs and fines in the amount of $937.00, and her parental rights were terminated. The [A]pplicant stated that her criminal probation will not be completed until June 2019. The Applicant stated that she has not yet paid the fines and fees assessed in this [criminal] matter. The Applicant stated that she is still married to the gentleman she was married to at the time of the arrest. This gentleman was involved in the criminal allegations of child neglect. On May 1, 2018, Petitioner timely requested a hearing disputing the factual basis for the denial of licensure. Petitioner has completed 40 hours of the 100 hours community service requirement. She anticipates that she may be eligible for early termination of her probation after she completes the community service hours. Petitioner did not present any evidence of community service other than court- ordered community service. Prior to submitting her application, Petitioner completed approximately 150 to 175 hours of training in preneed sales, covering family planning, death certificates, Veterans Affair benefits, types of burial products, and financial plan development. Petitioner provided no explanation regarding why she did not protect her daughter from abuse. In addition, Petitioner continues to live with her husband and indicated that she has not yet divorced him due to financial reasons. Petitioner has not presented sufficient evidence to meet her burden to prove that she is not a danger to the public.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Board of Funeral, Cemetery, and Consumer Services enter a final order denying Shayla Hoff’s application for licensure as a preneed sales agent. DONE AND ENTERED this 19th day of September, 2018, in Tallahassee, Leon County, Florida. S YOLONDA Y. GREEN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 19th day of September, 2018.
Findings Of Fact At all times relevant hereto, Denver Owens was licensed as a barber in this state and has been so licensed for 26 years. Although Owens has worked in barbershops for most of the last 26 years, he never owned a shop until he opened this barbershop in Apopka some two years ago. At the time he opened the shop he obtained an occupational license which, with his current barber's license, he thought was all he needed to operate a one-man shop. On April 26, 1984, an inspector with the Department of Professional Regulation saw the barber's sign on the site not on her records and entered the shop to inspect. The only discrepancy which is material to the issues here is that no registration had been issued for the barbershop. When questioned by the inspector, Owens readily acknowledged that he had not applied for registration for a shop because he was unaware such registration was required. The following day Owens submitted an application to register his shop and obtained registration dated May 4, 1984. When told the Department proposed to assess a fine of $250 against him for operating without a shop license, Owens requested a hearing, the file was forwarded to the Division of Administrative Hearings, and this hearing ensued.
The Issue Whether Respondent is guilty of obtaining a license by means of fraud, misrepresentation or concealment, in violation of Section 475.25(1)(m), Florida Statutes (1997).
Findings Of Fact Petitioner is a state licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida. Respondent is and was at all times material to this proceeding a licensed Florida real estate salesperson. She was issued Licensed No. 0627131 in accordance with Chapter 475, Florida Statutes. Her license is currently active. On or about May 9, 1995, Respondent submitted an application for licensure as a real estate salesperson. Question number 9 on the application read as follows: Have you ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest), even if adjudication was withheld? This question applies to violation of the laws of any municipality, county, state or nation, including traffic offenses (but not parking, speeding, inspection, or traffic signal violations), without regard to whether you were placed on probation, had adjudication withheld, paroled, or pardoned. If you intend to answer "NO" because you believe those records have been expunged or sealed by court order pursuant to Section 943.058, Florida Statutes, or applicable law of any other state, you are responsible for verifying the expungement or sealing prior to answering "NO." If you answered "Yes," attach details including dates and outcome, including sentence and conditions imposed, in full on a separate sheet of paper. Your answer to this question will be checked against local, state and federal records, Failure to answer this question accurately could cause denial of licensure. If you do not understand the question, consult with an attorney or the Division of Real Estate. Respondent marked the "NO" box beside question number 9. Respondent then signed the "Affidavit of Applicant" which read above her signature: The above named, and undersigned, applicant for licensure as a real estate salesperson under the provisions of Chapter 475, Florida Statutes, as amended, upon being duly sworn, deposes and says that (s)(he) is the person applying, that (s)(he) has carefully read the application, answers, and the attached statements, if any, and that all such answers and statements are true and correct, and are as complete as his/her knowledge, information and recollection permit, without any evasions or mental reservations whatsoever, that (s)(he) knows of no reason why this application should be denied; and (s)(he) further extends this affidavit to cover all amendments to this application or further statements to the Division or its representatives, by him/her in response to inquiries concerning his/her qualifications. The purpose of Question 9 is to assist the Division of Real Estate in assessing the applicant's propensity for honesty, trustworthiness, and good morals. Petitioner relied on the information and answers contained in Respondent's application in deciding to issue her a real estate salesperson's license. On July 10, 1995, Respondent passed the real estate salesperson examination and was issued License No. 0627131. From July 10, 1995, through the present, Respondent was an active salesperson in association with various brokers in the Central Florida area. Respondent is presently an active salesperson in association with Summer Bay Partnership, an owner/developer trading as Summer Bay Resort, located at 17805 U.S. Highway 192, Clermont, Florida 34711. On May 21, 1993, in Kissimmee, Osceola County, Florida, Respondent pled guilty to and was adjudicated guilty of the offense of driving while under the influence (DUI) of alcoholic beverage to the extent that her normal faculties were impaired, Osceola County Case No. 93-006486. Respondent was sentenced, inter alia, to a term of one (1) year supervised probation, a suspension of driving privileges for six (6) months, DUI counter-attack school, fines and court costs. Petitioner's investigation following the filing of the application yielded that Respondent had either misrepresented or erroneously answered question number 9 and, therefore, had gained her Real Estate License by fraud, misrepresentation or concealment. Respondent testified that she checked "NO" to question number 9 stating that she had never been convicted of a crime as she was advised by her attorney in 1993 that DUI was a traffic violation, not a criminal offense. Further Respondent testified that when she thought of a crime, she thought of murder, rape and robbery, not a traffic violation. Respondent testified that she did not intentionally lie, misrepresent or conceal her past conviction for DUI in order to gain a Real Estate License. Respondent submitted finger print exemplars with her application, aware that there would be a background check done. Respondent stated that she only became aware of the fact that a DUI was a crime when she received notification from the Respondent.
Recommendation Upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Respondent be found guilty of violating Section 475.25(1)(m), Florida Statutes, as charged in the Administrative Complaint, and that Respondent's license should not be revoked but that a lesser discipline be imposed within the range set forth in Rule 61J2-24.001(3), Florida Administrative Code. DONE AND ENTERED this 4th day of January, 1999, in Tallahassee, Leon County, Florida. 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 4th day of January, 1999. COPIES FURNISHED: Geoffrey T. Kirk, Senior Attorney Department of Business and Professional Regulation 400 West Robinson Street Orlando, Florida 32801-1772 William J. Sheaffer, Esquire 609 East Central Boulevard Orlando, Florida 32801 James Kimbler, Acting Division Director Division of Real Estate Department of Business and Professional Regulation Post Office Box 1900 Orlando, Florida 32802-1900 Lynda L. Goodgame, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue The issue in this case is whether any disciplinary action should be taken against Respondent's cosmetology salon license.
Findings Of Fact Respondent is the owner and operator of a cosmetology salon known as "Reflections of You" located in Tallahassee, Florida. Respondent had purchased the salon from the previous owners. Randall Smith was an inspector for the Department of Business and Professional Regulation, whose duties included the inspections of cosmetology salons. On December 24, 1994, Inspector Randall Smith conducted a routine inspection of Reflections of You. The salon was open to the public, and employees were present. Respondent was present during the inspection. During the inspection Respondent admitted to having problems with the previous owners on the purchase of the salon and thought that her lawyer had taken care of all the necessary requirements to own the business. Respondent believed that the transfer included the proper transfer of the salon license. However, Respondent had not been issued a new salon license listing her as the new owner after her purchase. After concluding his discussion with a representative from the Cosmetology Board office, Inspector Randall Smith wrote a Uniform Citation and served it on the Respondent by hand delivery. The Uniform Citation served on the Respondent indicated a fine in the amount of five hundred (500.00) dollars for failure to have a proper salon license. Respondent neither paid the citation nor challenged the fine contained in the citation. The citation therefore became a Final Order of the Board of Cosmetology on February 1, 1995 by operation of law. In mitigation of her failure to transfer her license, Respondent applied and paid fifty-five (55) dollars for a new salon license on December 24, 1994, the day after the inspection by Randall Smith, and was issued a new salon license. Presumably, Respondent's cosmetologist license was current.
Recommendation Based upon the findings of fact and the conclusions of law, it is, RECOMMENDED: That the Board of Cosmetology enter a Final Order finding Respondent guilty of violating Section 477.029(1)(i), Florida Statutes and guilty of violating Section 477.025(7), Florida Statutes and imposing a fifty (50.00) dollar fine for the two violations. DONE and ENTERED this 26th day of August, 1996, in Tallahassee, Leon County, Florida. DIANNE CLEAVINGER Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 SUNCOM 278-9675 Filed with the Clerk of the Division of Administrative Hearings this 26th day of August, 1996.
