Findings Of Fact At all times material to the allegations of the Administrative Complaint, the Respondents were duly licensed by the Barbers' Board. Respondent Robert Finley owns A Cut Above Barber Shop. Warren Cervini began work at A Cut Above Barber Shop in 1977. At that time, he was duly licensed by the Board as a barber. Cervini worked at A Cut Above Barber Shop until approximately Easter of 1981. He failed to renew his license prior to July, 1980, at which time his license became inactive by operation of law. Respondent Finley asked Cervini if he had renewed his license, and Cervini told Respondent that he had but had left his license at his home. Cervini did not display his licenses at the shop. After Cervini had left A Cut Above Barber Shop, Respondent Finley reported to the Board that he suspected Cervini was not licensed and was working at an adjoining barber shop. Cervini paid his late fee and was relicensed on May 17, 1981. While at A Cut Above Barber Shop, Cervini was not paid directly by Respondent Finley but paid Respondent a percentage of what he collected. Respondent did not control the mode or method Cervini used to cut hair. Respondent did not set specific hours or days for Cervini to work and did not provide Cervini with any tools or equipment beyond a barber chair. The Respondent never filed a W-2 Form or Form 1099 for Cervini. Warren Cervini was an independent contractor while at A Cut Above Barber Shop.
Recommendation Having found the Respondents, Robert Finley and A Cut Above Barber Shop, guilty, of a technical violation of Section 476.194(3), Florida Statutes, it is recommended that the Barbers' Board give Respondent Finley a letter of reprimand. DONE and RECOMMENDED this 11th day of January, 1983, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, 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 11th day of January, 1983. COPIES FURNISHED: Charles F. Tunnicliff, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Steven I. Greenwald, Esquire 150 East Boca Raton Road Boca Raton, Florida 33432 Frederick Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Myrtle Aase, Executive Director Barbers' Board 130 North Monroe Street Tallahassee, Florida 32301
Findings Of Fact Petitioner has been licensed as a barber and as a cosmetologist for approximately the last 18 years. He holds a bachelor's degree in vocational education from the University of Central Florida. He has taught courses in barbering for a number of years at different schools. The July 1986 barber instructor examination was the first barber instructor examination administered in the State of Florida. Petitioner was eligible to take and did take the July 1986 barber instructor examination. Although he achieved a passing score on the written portion of that examination, he failed to obtain a passing score on the practical portion of the examination. Accordingly, Petitioner is deemed to have failed the entire examination. Approximately 30 days before the examination date, Petitioner received from Respondent a Notice to Appear containing both Petitioner's examination admission slip and detailed instructions and information regarding the administration of the examination and the contents of the examination itself. Regarding the practical portion of the examination, the information within the Notice to Appear advised Petitioner and the other candidates that the practical portion of the examination would consist of the preparation of a lesson plan and actual presentation of that lesson according to the candidate's own lesson plan. The Notice to Appear specified that there are seven categories of instruction as follows: Shampooing and Haircut Shave Permanent Wave Facials Coloring Sanitation and Sterilization Chemical Straightening The Notice to Appear explained that each candidate, before coming to the examination, should prepare at least one lesson plan for each category of instruction. At the examination site, each candidate would be assigned one of those seven categories of instruction. The candidate would then submit a lesson plan for a 30-minute lesson for the category assigned to that candidate at that time. The candidate would then present the lesson according to the lesson plan which that candidate submitted. The lesson could be either a demonstration or a lecture, and the candidate would be evaluated on the candidate's use of audio/visual aids during the lesson presentation. The Notice to Appear also includes a blank sample grade sheet so that the candidate is advised as to the specific 20 criteria by which the examiners judge the lesson plan and its presentation. The team of three examiners for the July 1986 barber instructor examination consisted of two licensed barber instructors and one educator, since the barber instructor examination is a teaching examination rather than a barbering examination. The examiners are prohibited from conferring or collaborating with each other in marking their individual grade sheets. When Petitioner arrived at the examination site for the practical portion of the examination, he was assigned the first category of instruction: Shampooing and Haircut. He turned in the lesson plan which he had previously prepared. His lesson plan covered only the topic of haircutting and stated that the time necessary for the lesson was one hour. All examiners agreed that Petitioner started his presentation at 3:05 p.m. and concluded it at 3:19 p.m. The percentage of agreement among the three examiners as to whether Petitioner met each of the 20 criteria in the practical portion of the examination is within the normal range of expectation for three evaluations performed independently.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is, therefore, RECOMMENDED that a Final Order be entered finding that Petitioner failed to achieve a passing grade on the practical portion of the July 1986 barber instructor examination. DONE AND RECOMMENDED this 10th of June, 1987, in Tallahassee, Leon County, Florida. LINDA M. RIGOT 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 10th day of June, 1987. COPIES FURNISHED: Mr. Frank Capostagno 3344 South Orange Blossom Trail Orlando, Florida 32207 Chester G. Senf, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Van B. Poole, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Myrtle Aase, Executive Director Board of Barbers 130 North Monroe Street Tallahassee, Florida 32399-0750 Joseph A. Sole, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
The Issue Whether the license of J. T. Moss should be revoked, annulled, withdrawn or suspended for violations of Section 476.22 and Section 476.24, Florida Statutes, by failing to maintain a clean and sanitary barber shop.
Findings Of Fact An Administrative Complaint was issued against the Respondent and mailed on the 17th day of June, 1977, charging: "That on or about April 1, 1977, during a regular sanitation inspection, it was found that your shop was not in a sanitary condition in that your tools are not being sterilized and your workstand and laboratory are not clean and sanitary. You bad been warned of this condition by letter of February 24, 1977, which was issued as a result of an inspection on February 18, 1977. You had also been issued violations for not sterilizing your tools on January 7, 1977, October 15, 1976. The above constitutes a gross violation of Section 476.22(1)(1)(8)(a) through (e) and Section 476.22(1)(b) and as such constitute a violation of Section 476.24(7), Florida Statutes, which is grounds for revocation under Section 476.14(8), Florida Statutes. The Respondent heard the testimony of the witness and admitted the charges against him. He stated that his shop was now in order and that he was maintaining it in a clean and sanitary manner. The witness for the Petitioner acknowledged that at the date of the hearing the barber shop would pass inspection. The Hearing Officer finds that the Respondent, J. T. Moss, did not maintain his barber shop in a clean and sanitary condition at the time of the inspections by the Petitioner. However, the shop is now in a clean and sanitary condition.
Recommendation Put the Respondent, John T. Moss, on probation for one year. DONE and ORDERED this 5th day of October, 1977, 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 & Baggett, P.A. Post Office Box 1752 Tallahassee, Florida 32302 P. W. Barker, Director Florida Barbers Sanitary Commission 2009 Apalachee Parkway Suite 230 Tallahassee, Florida 32301 J. T. Moss John's Barber Shop 909 N. W. 3rd Street Pompano Beach, Florida
The Issue Whether Respondent, David Blake (Respondent), violated Subsection 476.194(1)(a), Florida Statutes (2005), by engaging in the practice of barbering without a license, and, if so, what disciplinary action should be imposed.
Findings Of Fact At all times material hereto, Respondent was not licensed as a barber by the Department's Board of Barbers for the State of Florida. Respondent's last known address of record was 4144 Geranium Lane, Apartment 102, Sanford, Florida 32771. The Division of Administrative Hearings mailed the Notice of Hearing in this case to Respondent on May 10, 2006, at his address of record. That notice was not returned to the Division of Administrative Hearings. At all times material hereto, the barbershop named Just Blaze Barbershop, located at 2451 East Semoran Boulevard, Apopka, Florida, was licensed by the Florida Board of Barbers. Michelle Peterson is and, at all times relevant to this proceeding, has been employed by the Department as an investigator specialist. Ms. Peterson's job responsibilities include conducting inspections of barbershops. On October 8, 2005, the Department, through its employee, Ms. Peterson, inspected the premises of Just Blaze Barbershop. During the inspection, Ms. Peterson observed Respondent performing barbering services on a customer. Specifically, Respondent was cutting a customer's hair. At Ms. Peterson's direction, another Department inspector who was at the inspection took a photograph of Respondent while he was cutting the person's hair. During the inspection, Ms. Peterson issued a Uniform Disciplinary Citation to Respondent for the unlicensed activity. The citation was signed by both Ms. Peterson and Respondent.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner, Department of Business and Professional Regulation, enter a final order (1) finding that Respondent, David Blake, engaged the unlicensed practice of barbering, an act proscribed by Subsections 476.194(1)(a), Florida Statutes (2005), and (2) imposing an administrative fine of $500.00 for the violation. DONE AND ENTERED this 1st day of August, 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 1st day of August, 2006. COPIES FURNISHED: Nicole M. Webb, Certified Law Clerk Charles Tunnicliff, Esquire Department of Business and Professional Regulation 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-2202 David Blake 4144 Geranium Lane, No. 102 Sanford, Florida 32771 John Washington, Hearing Officer Office of the General Counsel 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
The Issue Whether disciplinary action should be taken against Respondent’s barbershop license, based on violations of s. 476.194(1)(c), Florida Statutes, as alleged in the Administrative Complaint.
Findings Of Fact Respondent is and has been at all times material hereto, a licensed cosmetologist in the State of Florida, having been issued license number CL-0135324. Respondent is and has been at all times material hereto, the owner and operator of a barbershop which operates under the name Olga’s Beauty and Barber Shop. It has been issued license number BS-0009349 and is located in Ft. Pierce, Florida. Leonard Baldwin is an inspector for the Department of Business and Professional Regulation. As part of his statutory duties, he conducts routine inspections of barbershops. As part of his statutory duties, he conducted a routine inspection of Olga’s Beauty and Barber Shop on April 20, 1996. During the course of that inspection, Olga’s Beauty and Barber Shop was open for the business of performing barbering services to members of the public. The time of inspection was approximately 11:30 a.m. He observed an elderly man getting out of the barber’s chair with a fresh haircut. The customer paid Respondent for the service. The person behind the chair was given a tip. He also observed a man, subsequently identified as Javon Stewart, Respondent’s husband, standing behind the chair and placing the clippers in a drawer. The clippers were later determined to be warm. Javon Steward is not licensed to cut hair in Florida. During the course of the inspection, Mr. Baldwin prepared and presented a “Cease and Desist Agreement” to Javon Stewart. Javon Stewart signed the Cease and Desist Agreement and agreed not to engage in the practice of barbering until and unless he was licensed. On May 23, 1996, a reinspection was conducted. During the course of that inspection, Baldwin observed a customer seated in a barber chair inside the barbershop. He saw Javon Stewart with a pair of clippers in his hand standing directly behind the seated customer using the clippers on the customer’s neck. He observed the person “finishing up his customer, cleaning off the bottom of his neck.” The phrase “cleaning off the bottom of a neck” is a barbering term that refers to a person using a set of hair clippers to cut or trim a person’s hair from the back hairline to below the collar line. In this instance, “cleaning off” actually means “cutting or trimming” the hair. During the course of the second inspection, Baldwin observed the customer getting out of the chair, paying the Respondent for the haircut and giving Stewart a tip. Javon Stewart then put the clippers into a drawer. Baldwin immediately walked over to the drawer where the hair clippers were placed and picked them up. The clippers were warm, having just been used.
Recommendation Upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Respondent be found guilty of violating Section 476.194(1)(c), Florida Statutes, by employing an unlicensed individual to engage in barbering services. It is further recommended that the Respondent be fined $500.00 (five hundred dollars) and issued a Cease and Desist Order. RECOMMENDED this 8th day of September, 1997, at Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 8th day of September, 1997. COPIES FURNISHED: James E. Manning, Esquire Department of Business and Professional Regulation Board of Barbers 1940 North Monroe Street Tallahassee, Florida 32399-0792 Ms. Olga Gibb Olga’s Beauty & Barber Shop 1236 Avenue D Fort Pierce, Florida 34950 Lynda L. Goodgame General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Joe Baker Executive Director Board of Barbers Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
