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BARBER`S BOARD vs. BRUCE HEINEMAN, D/B/A CUTTIN CORNERS, 88-005743 (1988)
Division of Administrative Hearings, Florida Number: 88-005743 Latest Update: Mar. 15, 1989

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.

Florida Laws (4) 120.57476.194476.204476.214
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DONALD MCDONALD vs. BARBERS BOARD, 80-000773 (1980)
Division of Administrative Hearings, Florida Number: 80-000773 Latest Update: Dec. 08, 1980

Findings Of Fact The Petitioner holds a license to practice barbering which expired on July 31, 1978. At the time of the expiration of Petitioner's license Section 476.154, Florida Statutes was in effect which permitted licensees who retired from the practice of barbering to have their licenses restored upon the payment of a required restoration fee. Pursuant to Rule 21C-7.01, Florida Administrative Code, "retirement was defined to require written notification to the Barber Board and acknowledgement by the Board of said retirement. Rule 21C-7.01, Florida Administrative Code was promulated in conjunction with Rule 21C-7.02, Florida Administrative Code. rule 21c-7.02, Florida Administrative Code, encountered difficulties when questions were raised by the staff of the Joint Administrative Procedures Committee concerning the statutory authority of the Board to enact the rule. Both rules were filed with the Secretary of State on October 23, 1978, but never published in response to a request by the Board. Subsequent to the filing of the rules, the Board attempted to resolve the conflict between the Committee and the board over the rule. As a result of the Board's inability to resolve the conflict, the rules were repealed in June, 1980 without having been published in the Florida Administrative Code. At the time of the expiration of his license, Petitioner was of the belief that if he retired he could have his license reinstated upon payment of a restoration fee. The Petitioner did not notify the Board of his retirement nor did he receive notification from the Board that subsequent changes in Chapter 476, Florida Statutes would be interpreted by the Board to require reexamination of barbers holding expired licenses. The Petitioner has been a practicing barber for approximately 20 years and desires to again actively pursue his profession.

Florida Laws (2) 476.154476.254
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BARBER`S BOARD vs. ROSEANNE M. GONZALAS, D/B/A TAMARAC BARBER SHOP, 85-002270 (1985)
Division of Administrative Hearings, Florida Number: 85-002270 Latest Update: Nov. 19, 1985

Findings Of Fact Respondent, Rosanne M. Gonzales (Rosanne), is the holder of License Number BS 0007763 issued by petitioner, Department of Professional Regulation, Florida Barbers' Board. She operates a barbershop under the trade name "Tamarac Barber Shop" at 7403 Northwest 57th Street, Tamarac, Florida. Respondent, Geronimo Navarro Gonzales (Geronimo), is the husband of Rosanne, and practices barbering at the Tamarac Barber Shop. Responding to a complaint filed by a former employee of Tamarac Barber Shop, an investigator visited that shop on November 27, 1984. The investigator found Geronimo cutting a customer's hair. When asked to produce his license, Geronimo handed the investigator a license reflecting the name "Juan Navarro" and License Number BB 0020347. The license also contained Geronimo and Rosanne's current home address in Plantation, Florida. When asked why the name on the license did not match his own name, Geronimo replied that he had been using the name "Juan Navarro" on the license to avoid detection by his former wife. The photograph on the license did not appear to be Geronimo, but Rosanne initially claimed Geronimo had been very ill and had lost a great deal of weight. Geronimo later explained that he had taken the barber examination in 1970 under the assumed name of Juan Navarro and had held the license for some fifteen years in that name. However, Geronimo acknowledged he had never had his name legally changed to Juan Navarro. An examination of agency records in Tallahassee revealed that a Juan Navarro was indeed issued barber license number BB 0020347 in June, 1970. According to the application, that individual was born in Cuba on September 9, 1936. When Geronimo produced a birth certificate and driver's license reflecting he was born on June 11, 1937 in Puerto Rico, it prompted further investigation by the Board, and resulted in the issuance of these complaints. According to Geronimo, he has been a barber for some thirty years. He originally barbered in New York State where he had a license, and then moved to Florida approximately fifteen or more years ago. At that time, he had just divorced his former wife, and was attempting to evade her detection. Because of this, he applied for licensure with the Barbers' Board using the name "Juan Navarro." He stated he took the barbers' practical and written examination (in Spanish) in April, 1970 in Jacksonville under this assumed name and received a passing grade. His visit to Jacksonville was corroborated by a friend who accompanied him to the test. He also claimed the Board mailed him a license in June, 1970, and that he has been paying the license renewal fees since that time. Although during the investigative stage the Gonzales denied sending the Board a letter advising that Juan Navarro now resided at the same address in Plantation as did the Gonzales, Rosanne acknowledged at final hearing that she had done so on behalf of her husband. The Board's official records show that only one Juan Navarro has ever been issued a license, and it is the one in the possession of Geronimo. When Geronimo reviewed the records at final hearing, he stated the person in the photograph attached to Juan Navarro's original application was not he and the signature on the application was not his own. Geronimo also stated that the copy of the New York license contained in his records was his old license from New York State, but that the man in the photograph attached thereto was a different person. Board investigators have never learned the identity or whereabouts of the man whose picture is on license number BB 0020347, or the Juan Navarro who prepared the original application for licensure. Rosanne testified her husband presented a license before he began barbering in her shop in May, 1983, and she relied upon this as a condition to hiring him. She indicated he is an indispensable asset to her business, and expressed a desire that he be allowed to continue in the barbering profession.

Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that both respondents be found guilty as charged in the administrative complaints, that Tamarac Barber Shop be given a public reprimand, and that Geronimo Navarro Gonzales be assessed a $500.00 civil penalty. DONE and ORDERED this 19th day of November, 1985, in Tallahassee, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, FL 32301 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 19th day of November, 1985. COPIES FURNISHED: Theodore R. Gay, Esq. Suite 4310, Southeast Financial Center 200 S. Biscayne Blvd. Miami, FL 33131-2355 Stephen R. Jacob, Esq. 800 N.W. Cypress Creek Rd., Suite 502C Ft. Lauderdale, FL 33309

Florida Laws (4) 120.57476.194476.204476.214
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BARBERS BOARD vs. LAZARO V. LINARES, D/B/A MR. LARRY HAIR STUDIO, 84-000055 (1984)
Division of Administrative Hearings, Florida Number: 84-000055 Latest Update: Jul. 19, 1984

Findings Of Fact Except to the extent they are consistent with these Findings of Fact, the Department's proposed findings of fact are rejected as either not supported by competent, substantial evidence, contrary to the greater weight of the evidence or irrelevant. Linares, a resident of Miami, Florida, has been a licensed barber, having been issued License Number BB 0018163 at least between the dates of July 8, 1983, and March 2, 1984. (The license expires July 31, 1984.) During this time, Linares owned and operated Mr. Larry Hair Studio, located in Miami, under barbershop License Number BS 001515 (which also was in effect on these dates and expires July 31, 1984.) Linares has been licensed in Florida and has practiced barbering in Florida for 18 years. He has no record of ever before having been disciplined. When the Department's investigator appeared at the Barbershop for a routine inspection on July 8, 1983, the hair of approximately three or four customers was on the floor of the Barbershop around the two barber chairs in the shop. Linares was sitting in one of the chairs in the customer waiting area. No customers were being barbered at the time. The Barbers' Board has announced a policy that cut hair should be removed or at least be swept aside after every second customer. But there was no competent substantial and persuasive evidence that Linares' failure to do so constituted either a failure to eliminate all fire hazards or a failure to provide for safe and unobstructed human passage in the premises. The Board's policy was communicated to Linares on July 8, 1983. On July 8, 1983, Linares also had no wet sterilizing agent or any other means of sterilization of equipment available for use and was not sterilizing the equipment he was using. Finally, a combination of dirt and old soap from use over an extended period of time had accumulated on the bathroom fixtures of the bathroom in the Barbershop. The Department inspector advised Linares that the conditions just described were violations of the rules governing licensed barbers and that he would return to reinspect the Barbershop between 30 and 90 days later. The Department inspector returned on August 12, 1983. On his return, there again was hair from approximately four customers on the floor of the shop around the two barber chairs. However, on this occasion, both chairs were in use and there were customers waiting for haircuts. On August 12, 1983, Linares still was not sterilizing his equipment and had no wet sterilizing agent or other means of sterilization available for use. Finally, the bathroom fixtures still had an accumulation of dirt and old soap on August 12, 1983.

Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Barbers' Board reprimand Respondent, Lazaro V. Linares, d/b/a Mr. Larry Hair Studio, and impose an administrative fine in the amount of one hundred dollars ($100.00). DONE AND ENTERED this 28th day of March 1984 in Tallahassee, Florida. J. LAWRENCE JOHNSTON 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 28th day of March 1984. COPIES FURNISHED: Theodore R. Gay, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Mr. Lazaro V. Linares 7015 Biscayne Boulevard Miami, Florida 33138 Myrtle S. Aase, Executive Director Barbers' 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

Florida Laws (2) 476.194476.214
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BARBER`S BOARD vs. RICARDO BLANCO, 89-002173 (1989)
Division of Administrative Hearings, Florida Number: 89-002173 Latest Update: Jul. 18, 1989

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.

Florida Laws (3) 120.57476.194476.204
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BARBERS BOARD vs. DONALD C. ALLGOOD AND DON PETTIS, 82-000320 (1982)
Division of Administrative Hearings, Florida Number: 82-000320 Latest Update: Jun. 28, 1982

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

Florida Laws (3) 120.57476.194476.214
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BARBERS BOARD vs. MARIO PEREZ, D/B/A RONEY PLAZA BARBERSHOP, 84-000056 (1984)
Division of Administrative Hearings, Florida Number: 84-000056 Latest Update: Jul. 19, 1984

Findings Of Fact Except to the extent consistent with the following findings of fact, all proposed findings of fact are rejected as either not supported by competent substantial evidence, contrary to the greater weight of the evidence, or irrelevant. At all times between August 4, 1983, and March 2, 1984, Respondent was licensed to practice barbering in the State of Florida, having been issued barber License Number BD 0019428. Respondent was also licensed to own and operate Roney Plaza Barbershop in Miami Beach, Florida, during the same time period, having been issued barbershop License Number BS 0004727. During this time period, Respondent owned and was operating this barbershop. Both licenses expire July 31, 1984. On August 4 and 5, 1983, Respondent employed a person to engage in the practice of barbering at Roney Plaza Barbershop who did not hold a valid license as a barber or registered barber's assistant.

Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Barbers' Board require Respondent to pay an administrative fine of three hundred dollars ($300.00). DONE AND ENTERED this 28th day of March 1984 in Tallahassee, Florida. J. LAWRENCE JOHNSTON 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 28th day of March 1984. COPIES FURNISHED: Theodore R. Gay, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Harold Rosen, Esquire 420 Lincoln Road, Suite 320 Miami Beach, Florida 33139 Myrtle S. Aase, Executive Director Barbers' 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

Florida Laws (2) 476.194476.214
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BARBERS BOARD vs. ROBERT FINLEY AND A CUT ABOVE BARBER SHOP, 82-001555 (1982)
Division of Administrative Hearings, Florida Number: 82-001555 Latest Update: Jan. 11, 1983

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

Florida Laws (2) 120.57476.194
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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs PLATINUM CUTS, 08-006106 (2008)
Division of Administrative Hearings, Florida Filed:Lauderdale Lakes, Florida Dec. 08, 2008 Number: 08-006106 Latest Update: Oct. 01, 2024
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BARBER`S BOARD vs. HERBERT HERNANDEZ, 88-002759 (1988)
Division of Administrative Hearings, Florida Number: 88-002759 Latest Update: Oct. 25, 1989

The Issue Whether Respondent's license as a barber in the State of Florida should be suspended, revoked, or otherwise disciplined for alleged violations of Chapter 476, Florida Statutes, as set forth in the Administrative Complaint dated November 13, 1987.

Findings Of Fact Petitioner is the state agency charged with licensing barbers, regulating licensure status, and enforcing the practice standards of licensed barbers within the powers granted by the Legislature in Chapter 476, Florida Statutes. At all times material to these proceedings, the Respondent Hernandez was a licensed barber in Florida, having been issued license number B 0013840. This license became inactive on June 19, 1987. The Respondent conducted business in a barbershop named Herbie's Barbershop which was located at 5810 Park Boulevard, Pinellas Park, Florida. The business was located in the same building as the Respondent's living quarters. His residence address was 5810 Park Boulevard, Pinellas Park, Florida. Originally, the building was designed to allow the Respondent to gain entry into his living quarters through the barbershop. After a fire, which occurred in the residential portion of the building in 1983 or 1984, the Respondent was required to place a fireproof wall between the shop and his living quarters. Once the fireproof wall was installed, the passage through the barbershop to the Respondent's residence was removed. A separate entrance in back of the building had to be used to gain access to the residence. The fireproof wall was installed and in use just prior to November 1985. D.M., a child, was employed by the Respondent in his barbershop for a period of five or six months during the year 1985. In addition to cleaning the barbershop and working the cash register, D.M. assisted in the cleaning and rehabilitation of the residence after the fire. During her employment, D.M. was fourteen years of age, just getting ready to turn fifteen. As her birthdate is November 16, 1971, a reasonable inference exists that her employment period was between June 1985 and November 16, 1985. During the term of her employment, while working in the Respondent's residence, the Respondent unsuccessfully attempted to grab D.M.'s left breast. She hit him, walked away, and informed another person who was in the barbershop of Respondent's misconduct. At no time during her deposition testimony did D.M. state that the Respondent cupped her right breast with his hand, squeezed it, and asked her if he could repeat this once or twice a week. On or about September 23, 1986, the Respondent was adjudicated guilty on two counts of sexual battery on a child less than twelve years of age in Pinellas County, Florida. The child, L.W., accused the Respondent of trying to put his finger down her vagina. The events allegedly occurred within the living quarters which were segregated and completely independent from the barbershop at the time of alleged incidents in December 1985. The child had arrived at Respondent's residence in order to obtain the address of a family that had previously resided there with the Respondent. The child's presence at Respondent's home was unrelated to Respondent's business activities. When the Respondent was convicted of sexual battery on the child L.W., he pleaded nolo contendere to charges involving D.M., D.Z., and R.Y. The charges involved the improper touching of the children on their genitals in Respondent's living quarters. The pleas were made with the express reservation of the right to appeal the denial of Respondent's Motion for Discharge under the speedy trial rule. Upon appeal, the trial court's denial of the discharge was reversed and the case was remanded for discharge of the Respondent on the charges involving D.M., D.Z., and R.Y. The Respondent entered the pleas solely for the purpose of obtaining his discharge. His appeal involved the mere calculation of 175 days of incarceration without a waiver of the Speedy Trial Rule.

Recommendation Based upon the foregoing, it is RECOMMENDED: That all of the charges set forth in the Amended Administrative Complaint filed November 16, 1987, be dismissed. DONE and ENTERED this 25th day of October, 1989, in Tallahassee, Leon County, Florida. VERONICA E. DONNELLY 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 25th day of October, 1989. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 88-2759 Petitioner's proposed findings of fact are addressed as follows: Accepted. See HO #2. Accepted. See HO #3. Accepted. Accepted. See HO #3. Rejected. See HO #3. Rejected. Contrary to facts established at hearing through Respondent's testimony. Conjecture and improper conclusion. Accepted. See HO #4. Rejected. Outside the scope of the pleadings. Irrelevant. Rejected. Contrary to fact. See HO #5. Rejected. Outside the scope of the pleadings. Irrelevant. Rejected. Outside scope of the pleadings, vague. Conclusionary. Inadmissible hearsay. Accepted. Accepted. Accepted. Rejected. Outside scope of pleadings. Irrelevant. Rejected. Arrest irrelevant. Accepted. See HO #6 and #7. Accepted. See HO #7. Accepted. Respondent's proposed findings of fact are addressed as follows: Accepted. See HO #2 and #3. Arrest irrelevant. The rest of the second paragraph is accepted. See HO #7. The rest of Respondent's proposed findings are rejected as irrelevant to these proceedings except for the statements surrounding the fireproof wall (See HO #3) and the factual finding that the incidents involving the molestation of children, as alleged by the children all took place within the residence and not the barbershop. See HO #5 - #7. COPIES FURNISHED: Cynthia Gelmine, Esquire Department of Professional Regulation 1940 North Monroe, Suite 60 Tallahassee, Florida 32399-0792 Calvin C. Campbell, Qualified Representative Glades Correctional Institute 500 Orange Avenue Circle, B123 Belle Glade, Florida 33430-5222 Herbert Hernandez Glades Correctional Institute 500 Orange Avenue Circle Belle Glade, Florida 33430-5222 Myrtle Aase, Executive Director Barbers Board Northwood Centre, Suite 60 1940 North Monroe Street Tallahassee, Florida 32399-0792 Kenneth E. Easley, Esquire General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792

Florida Laws (3) 120.57476.204476.214
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