The Issue Whether or not on or about December 5, 1975, the Respondent, Evelyn R. Doege, licensed under the beverage law, did allow or permit Angela Davies an employee to conduct herself in a lewd and lascivious manner to wit; performing in the nude and the placing of foreign objects on or into Angela Davies vagina, the touching or rubbing the vaginal area with Angela Davies fingers to simulate masturbation, in violation of Section 847.011(4), Florida Statutes, thereby violating Section 561.29, Florida Statutes. Whether or not on or about January 23, 1976, the Respondent, Evelyn Christine Doege, licensed under the beverage law, did knowingly allow or permit a person or persons, to wit; William Thomas Hogan, Robert Joseph Ruchanelli, Leroy Francis Bonifay, Hervert Ronnie Milstead and Joseph Stephen Tronie, to roll dice on the countertop of the bar in her licensed premises for money and/or beer, in violation of Section 849.01, Florida Statutes, and thereby violating Section 561.29, Florida Statutes.
Findings Of Fact The Respondent, Evelyn Christine Doege, is the holder of license no. 27-374, series 2-COP, held with the State of Florida, Division of Beverage. The Respondent held such license on December 5, 1975 and January 23, 1976, the operative dates of the complaints under consideration. On December 5, 1975 the Respondent was operating under the aforementioned license at 508 South Navy Boulevard, Escambia County, Florida. Among the employees of the Respondent were certain topless dancers. These dancers had been instructed by the Respondent to act decent and to keep their clothes on, with the exception of the tops of their clothing. These dancers mentioned were female. On that same date, to wit; December 5, 1975, between the hours of 3:00 P.M. and 3:30 P.M., one of the employees, employed on that day and time was Angela Davies. While dancing in the bar proper, Angela Davies removed the top and bottom of her clothing to include the T-string which she was wearing as a bottom part of her undergarment and left the stage area where she was performing. She then proceeded to a patron's table and thrust her vagina at the patron seated at that table. This course of conduct went on for a couple of songs over a period of five to ten minutes. Angela Davies then went back to the stage and continued to expose her vagina, she took eye glasses from one of the patrons and placed the ear piece into her vagina. She then squatted down and removed a dollar bill from the mouth of a patron with her vagina and then took the dollar bill out with her hand. Still in the presence of patrons she fondled her breasts with her fingers and inserted her fingers in her vagina simulating masturbation. At this point in time a female patron identified as Rhonda or Debbie, who had formally been a dancer in the bar, was challenged by the patrons in the bar to, "show Angela how to do it." At which time Rhonda or Debbie got up on the stage with Angela Davies, took off all her clothes and began dancing. In the course of the performance Angela and Debbie or Rhonda fondled each others breasts and vaginal area. Rhonda or Debbie then exited from the stage. Angela then took an advertising figure made out of cardboard which was in the form of a man, placed that figure between her legs and thrust her vagina at the figure. When Angela had concluded this she took a wine bottle and placed the wine bottle in the pubic area. The wine bottle was then broken on the stage. During the course of Angela Davies' performance the Respondent, Evelyn Doege had come to the back of the stage and thrown water at Angela Davies and attempted to make her stop. In addition, when the bottle was broken she made another attempt to have the employee, Angela Davies, cease her dance. She was unsuccessful in her attempts. Agent David Cobb had witnessed Angela Davies activities. He took the Respondent from the bar into the parking lot, and placed her under arrest. He then reentered the bar and placed Angela Davies under arrest. Angela Davies had been drinking and appeared not to be in control of her faculties. It was established that the employee, Angela Davies, was a roommate of Rhonda or Debbie, and the Respondent knew of this fact prior to the actions of those two persons. Moreover, the Respondent was able to see these actions from her location within the bar during the course of the dances. On January 23, 1976, while serving a notice to show cause for the events of December 5, 1975, certain patrons within the Respondent's bar at 508 South Navy Boulevard, Escambia County, Florida, were observed rolling dice on the countertop of the bar. The Respondent was standing at the bar while this activity was occurring. Those patrons stated that they were rolling the dice to see who would buy a round of beer. The Respondent admitted seeing this activity but stated that she felt it was not illegal. The dice and cup in which the dice had been placed were not the property of the Respondent.
Recommendation For the violations as established in the notice to show cause, it is recommended that the Respondent be suspended for a period of 90 days and fined in the amount of $500.00. DONE and ENTERED this 21st day of October, 1976, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Charles F. Tunnicliff, Esquire Division of Beverage 725 Bronough Street Tallahassee, Florida 32304 Anthony E. Fiorentino, Esquire 105 South Navy Boulevard Pensacola, Florida 32507
The Issue Whether the allegations of the Administrative Complaint are correct, and if so, what penalty should be imposed.
Findings Of Fact An advertisement in the December 6, 1989 edition of the Beaches Shopping Guide indicated that "sculptured nail" services were available through "Debbie's Designer Nails". The advertisement contained a telephone number. In response to the advertisement, Eileen Thomas, an investigator for the Petitioner, on February 23, 1990, called "Debbie's Designer Nails" at the phone number listed in the advertisement. Ms. Thomas spoke with a woman identified as "Debbie". During the conversation, Debbie informed Ms. Thomas that manicure services were available in either the customer's home or in Debbie's home, at a cost of twelve dollars. Debbie stated that she had been offering her services for approximately three months. At the close of the conversation, Ms. Thomas, using the name "Brenda", made an appointment for a manicure at Debbie's place of business on February 27, 1990. On February 27, 1990, Geraldine Johnson, an employee of the Petitioner, arrived at the Respondent's residence and identified herself as "Brenda". The Respondent performed a manicure on Ms. Johnson, who paid the Respondent thirteen dollars for her services. While the Respondent performed the manicure on Ms. Johnson, another woman arrived at the Respondent's home. The Respondent told Ms. Johnson that the woman had an appointment for nail sculpturing. Before Ms. Johnson left the Respondent's home, the Respondent gave Ms. Johnson ten business cards and requested that Ms. Johnson distribute the cards to potential customers. The cards include the Respondent's name, the name of the business, the slogan "My House or Yours", the telephone number, and the types of manicure services available. The Respondent is not a licensed cosmetologist in the State of Florida. The Respondent's business, "Debbie's Designer Nails", is not licensed as a cosmetology salon in the State of Florida.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that the Florida Board of Cosmetology enter a Final Order imposing an administrative fine of one thousand dollars on the Respondent. DONE and RECOMMENDED this 4th day of January, 1991, in Tallahassee, Florida. WILLIAM F. QUATTLEBAWM 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 4th day of January, 1991. APPENDIX CASE NO. 90-4761 The following constitute rulings on proposed findings of facts submitted by the parties. Petitioner The Petitioner's proposed findings of fact are accepted as modified in the Recommended Order except as follows: 3. The evidence did not establish that the Respondent actually placed the advertisement in the Beaches Shopping Guide. Respondent The Respondent submitted no proposed recommended order. COPIES FURNISHED: Laura P. Gaffney Senior Attorney Department of Professional Regulation Northwood Centre 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-0792 Debbie Holcomb 5856 Wiltshire Street Jacksonville, Florida 32211 Myrtle Aase, Executive Director Board of Cosmetology Department of Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0792 Kenneth E. Easley, General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0792
The Issue The issue for consideration in this case was whether Respondent, Nikki Gamber, should be disciplined by the Board of Cosmetology for the matters set out in the Administrative Complaint.
Findings Of Fact On December 14, 1990, Frank Paolella, an investigator with the Department of Professional Regulation, went to Booth 85 in a Flea Market in Fort Myers, Florida, to investigate a complaint of unlicensed activity purportedly going on there. When he arrived, he asked for the owner, Ms. Gamber, who was present with an employee. He told her why he was there and since she was then working on someone's nails, waited for her to finish. While he was waiting, he observed Respondent's employee, Nikkae Jurgens, applying false nails to another customer. This involved sanding and buffing the client's natural nails before applying the false ones. When he brought all this to the attention of the Respondent, she freely admitted she was engaged in unlawful activity but claimed she was not aware that Ms. Jurgens, who was only two feet away from her, was also doing it. When he brought it to her attention, Respondent said she would tell Ms. Jurgens to stop. Ms. Jurgens indicated that she did not have any identification on her but that Respondent had it all. When Mr. Paolella asked Respondent for it, she said she would provide it later. When she did do so later, by phone, she also said that Ms. Jurgens had been working for her for about 7 to 10 days. Mr. Paolella checked on the licensure status of both Respondent and Ms. Jurgens and determined that neither had a license to do this type or work, nor did either hold a salonlicense. The operation was a booth in a flea market - a counter with two chairs for clients. There was no sanitary equipment there, no disinfectant for implements, and no closed compartments for storing clean supplies and equipment. Mr. Paolella's investigation revealed that Respondent's booth is open for business only on Fridays, Saturdays, and Sundays, but whenever he went there before December 14, 1990, she was never there. As of August 22, 1991, the owner of the Flea Market where Respondent had operated indicated she was no longer in business there. Records of the Department show that Ms. Gamber held neither a cosmetologist's license or a cosmetology salon license during the time in question, nor did Ms. Jurgens, her employee. It is so found.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore recommended that a Final Order be issued by the Board of Cosmetology imposing a fine of $500.00 for each of the two violations established as outlined in the Administrative Complaint filed herein. RECOMMENDED in Tallahassee, Florida this 27th day of September, 1991. ARNOLD H. POLLOCK 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 27th day of September, 1991. COPIES FURNISHED: Mark E. Harris Paralegal Specialist Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Nikki Gamber P.O. Box 8155 Sarasota, Florida 34278 Jack McRay General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Kaye Howerton Executive Director Board of Cosmetology Northwood Centre 1940 North Monroe Street Tallahassee. Florida 32399-0792
Findings Of Fact Mrs. Marge Edwards, Inspector with the Florida State Board of Cosmetology, issued a notice of violation citing Respondent for "owner leaving one cosmetologist, one student permit working alone". The time of the violation notice was dated 2:10 p.m. on June 1, 1974. Respondent George D'Zanko was out of the George D's beauty salon, a business which he owns and operates as the master cosmetologist on June 1, 1974 during the hours which includes 2:10 p.m. Mr. D'Zanko admits that he was out of the shop at that time. Respondent entered a motion to dismiss contending that Chapter 477, Florida Statutes, did not require his presence in the shop while the cosmetologists were working therein. Section 477.04, Florida Statutes, states "no registered cosmetologists may independently practice cosmetology, but he may as a cosmetologist do any or all of the acts constituting the practice of cosmetology under the immediate personal supervision of a registered master cosmetologist". The attorney for Respondent D'Zanko equates Chapter 476, Florida Statutes, which regulates barbers with Chapter 477, Florida Statutes, which regulates cosmetologists, and cites Lett vs. Florida Barbers Salary Commission, Fla. App. 247 So.2d 335, for his position that inasmuch as Respondent was in the neighborhood of the salon the actual presence of Respondent was not necessary. The Board contends that the Respondent allowed a cosmetologist to practice cosmetology without the presence and supervision of a master cosmetologist in violation of Chapter 477, Florida Statutes. The Board contends that the presence of a master cosmetologist in a salon where the art of cosmetology is being practiced is a protection for the public and that Respondent allowed his shop to be operated without the supervision of a master cosmetologist. That the license of the Respondent should be revoked, annulled, withdrawn or suspended. The Hearing Officer finds: That Chapter 477, Florida Statutes, requires that a master cosmetologist be present in a cosmetology salon at all times when the art of cosmetology is being practiced; That Respondent George D'Zanko, the owner of the salon, Styles by George D', Inc., allowed cosmetology to be practiced in his salon at a time when there was no master cosmetologist therein; That the direct supervision of a master cosmetologist is a protection for the customers in the application of materials used in practicing the art of cosmetology.
The Issue Whether or not on or about the 9th day of January, 1976, on the Respondent's licensed premises, located at 1080 Cassat Avenue, Jacksonville, Florida, the Respondent, its agent, servant, or employee, one Yvonne Claudette Lanier, did unlawfully engage in open and gross lewd and lascivious behavior with a male customer, one Thomas Royal Ford, while dancing in a topless manner while rubbing her buttocks on his groin area and placing her breasts in his mouth, in violation of Section 798.02, F.S., thereby violating Section 651.29, F.S. Whether or not on or about the 9th day of January, 1976, on the Respondent's licensed premises located at 1080 Cassat Avenue, Jacksonville, Florida, the Respondent, its agent, servant, or employee, one Olivia Diana Austin, did unlawfully engage in open and gross lewd and lascivious behavior with a male customer, by dancing in a topless manner while rubbing her buttocks on his groin area and allowing him to rub his hands all over her body and fondle her breasts, in violation of Section 798.02, F.S., thereby violating Section 561.29, F.S. Whether or not on or about the 9th day of January, 1976, on the Respondent's licensed premises located at 1080 Cassat Avenue, Jacksonville, Florida, the Respondent, its agent, servant or employee, one Sharon Brannon Kwasniewski, did unlawfully engage in open and gross lewd and lascivious behavior with a male customer by dancing in a topless manner while rubbing her legs on the inside of his legs, in violation of Section 798.02, F.S., thereby violating Section 561.29, F.S. There was within this Notice to Show Cause a Count No. 5, which was not considered at this hearing due to insufficient notice being given to the Respondent. Further consideration of this count may be made at a future date. Whether or not on or about the 25th day of March, 1976, on the Respondent's licensed premises located at 1080 Cassat Avenue, Jacksonville, Florida, the Respondent, its agent, servant or employee, one Doris Resnell Edwards, did unlawfully engage in open and gross lewd and lascivious behavior with a male customer, one Oral Rudolph Richardson, by dancing in a topless manner while allowing him to fondle her breasts and buttocks, in violation of Section 798.02, F.S. thereby violating Section 561.29, F.S. Whether or not on or about the 25th day of March, 1976, on the Respondent's licensed premises located at 1080 Cassat Avenue, Jacksonville, Florida, the Respondent, its agent, servant or employee, one Doris Resnell Edwards, did unlawfully engage in open and gross lewd and lascivious behavior while dancing for a male customer, one Douglas Steven Winterbourne, by dancing in a topless manner while rubbing her legs on his groin area and allowing him to fondle her breasts, thighs, and vaginal area, in violation of Section 798.02, F.S. thereby violating Section 561.29, F.S. Whether or not on or about the 25th day of March, 1976, on the Respondent's licensed premises, located at 1080 Cassat Avenue, Jacksonville, Florida the Respondent, his agent, servant or employee, one Rexie Maria Regester, did unlawfully engage in open and gross lewd and lascivious behavior with a male customer, one Douglas Steven Winterbourne, by dancing in a topless manner while rubbing her vaginal area on his legs and allowing him to kiss and fondle her breasts and rub her vaginal area, in violation of Section 798.02, F.S., thereby violating Section 561.29, F.S. Whether or not on or about the 25th day of March, 1976, on the Respondent's licensed premises, located at 1080 Cassat Avenue, Jacksonville, Florida the Respondent, his agent, servant or employee, one Bridgette Dian Strickland, did unlawfully engage in open and gross lewd and lascivious behavior with a male customer, one B. W. Hodges of the Jacksonville Sheriff's Office, by dancing in a topless manner while rubbing her legs on the inside of his legs and groin area and sticking her breasts in his face, in violation of Section 798.02, F.S. thereby violating Section 561.29, F.S. Count No. 10 of the amended Notice to Show Cause was dismissed at the commencement of the hearing.
Findings Of Fact At all times material to the allegations found in the amended Notice to Show Cause the Respondent, G and B of Jacksonville, Inc., trading as Out of Sight, located at 1080 Cassat Avenue, Jacksonville, Florida, was licensed under License No. 26-449, Series 4COP held with the State of Florida, Division of Beverage. On January 9, 1976, at around 3:00 p.m., Yvonne Claudette Lanier was dancing in the subject licensed premises. She was clothed in a two piece bikini type outfit in which the top part of the costume was open in the front. The dancing was specifically directed to the attention of a male customer, Thomas Royal Ford, who was seated against one of the walls. During the course of this particular dance, which took place over the duration of a single song, Ms. Lanier rubbed her buttocks on the area of Mr. Ford's groin and, in the course of the dance, caused her breasts to be placed in the mouth of this patron while leaning over him. Those persons in the bar who appeared to be employees of the bar took no action to stop this incident. On the same date, to wit, January 9, 1976, at around 3:00 p.m., Olivia Diana Austin was dancing in the subject licensed premises. She was clothed in bikini styled bottoms with her breasts exposed. While dancing for a male customer, she rubbed her buttocks on his groin area and allowed a male customer to fondle her with his hands around her hips and waist, thighs, navel and breasts. When Ms. Austin was rubbing her buttocks on the groin area of the male customer, she was doing so by gyrating her buttocks in a circular motion. Again, those persons who appeared to be employees of the licensed premises took no action to stop Ms. Austin from the course of conduct with the unidentified male customer and Ms. Austin took no steps to prevent the male customer from touching her. On the same day, January 9, 1976, at around 3:00 p.m. in the subject licensed premises, Sharon Brannon Kwasniewski was dancing. She was dancing in what was described as a topless state and the bottom part of her costume was a go-go outfit. While dancing, she directed her attention to a white male customer and stood between his legs while he was seated and caused her crotch area to be rubbed against his crotch area during the course of the dance. The patron did not attempt to stop her from this course of conduct and a female bartender in the licensed premises made no attempt to stop this course of conduct. During the course of this dancing, Ms. Kwasniewski also rubbed her legs in a vertical motion in the area of the patron's crotch. The number of customers in the bar on January 9, 1976 at the time the aforementioned conduct took place was moderate. On March 25, 1976 in the above described licensed premises, one Doris Resnell Edwards was dancing. She was dressed in bikini type pants and some form of top. As a part of her dancing, she addressed her attention to a customer, one Oral Rudolph Richardson. While dancing about Mr. Richardson, Ms. Edwards allowed Mr. Richardson to fondle her breasts by rubbing her breasts in his face and allowing him to place her breasts in his mouth. In addition, she allowed Mr. Richardson to fondle her buttocks with his hands, and she made no effort to stop his attention. The same Doris Resnell Edwards danced for a customer names Douglas Steven Winterbourne on March 25, 1976. This dancing took place after a conversation between Winterbourne and Edwards in which she asked Winterbourne if she could dance for him and he agreed, if he did not have to pay for the dance. In the course of the dance, she was in a topless state and while dancing, she stood between his legs and rubbed her legs against his legs and while the dance was proceeding, allowed him to fondle her thighs. One of the other dancers in the licensed premises on March 25, 1976 was Rexie Maria Regester. She danced one tune for Winterbourne after a conversation in which he agreed to pay her to do the dance. Winterbourne said he paid because this was the custom in the licensed premises to pay the dancers. The dance was while Regester was in a topless state and, in the course of the dance, she rubbed her vaginal area on Winterbourne's legs and allowed him to fondle her breasts while rubbing her breasts in his face. Regester was wearing clothing on the bottom half of her body. On March 25, 1976, an officer of the Jacksonville Sheriff's office was in the licensed premises. While in the bar and seated at one of the tables, Officer Hodges was approached by one of the dancers, Bridgette Diane Strickland. She asked him if he would like her to dance for him and indicated that she would charge him $3.00 to dance clothed and $5.00 to allow him to touch her body all over. He indicated that he would pay her $5.00 and paid her that amount of money. She danced for him and rubbed the inside of his legs with her legs and rubbed his groin area with her leg. She also placed her breasts in his face. Officer Hodges did not encourage the conduct of this dancer. During the course of the dances which have been indicated to have occurred on March 25, 1976, there was a female bartender in the licensed premises, and this employee made no attempt to stop any of the aforementioned course of conduct. No other persons attempted to stop the course of conduct described.
Recommendation It is recommended that the license of the Respondent, G and B of Jacksonville, Inc., trading as Out of Sight, license no. 76-449 be suspended for a period of 30 days. DONE AND ORDERED this 18th day of April, 1977, in Tallahassee, Florida. CHARLES C. ADAMS Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Charles Tunnicliff, Esquire Division of Beverage Department of Business Regulation The Johns Building 725 Bronough Street Tallahassee, Florida 32304 Harry Katz, Jr., Esquire 337 E. Forsyth Street Jacksonville, Florida 32202
The Issue Whether Respondent's Deloris Overstreet license should be revoked, annulled, withdrawn or suspended for the reason that she failed to have or to display a certificate of registration.
Findings Of Fact At the time of the inspection by Ms. Artie Mitchell, Respondent had no certificate of registration. Ms. Mitchell left an application form with Respondent and Respondent procured the certificate of registration within fifteen (15) days thereafter. Ms. Overstreet, Respondent, has secured her certificate of registration and has it on display in the beauty shop owned by Respondent doing business as Dee's Beauty Boutique.
Findings Of Fact On February 21, 1975, H. R. Hall was working as an undercover detective for the Jacksonville Vice Squad. During the evening of that date Detective Hall entered the Silver Dollar Bar and Package Store, sat in a booth and ordered a beer. Sarah Lynn Swain, LuAnn Marie Docker and Lee Ann Remm, on the evening of February 21, 1975, were dressed as topless dancers and performed as topless dancers in the Silver Dollar Bar and Package Store. The three foregoing persons were agents, servants or employees of the Respondent. While seated in a booth Detective Hall observed Sarah Lynn Swain dancing topless between the legs of a male customer, who was fondling her buttocks while she placed her breast in the customer's mouth. Also while seated in the booth, Detective Hall observed LuAnn Marie Dockery dancing topless for a male customer and allowing the customer to fondle her buttocks. While in the Silver Dollar Bar and Package Store on February 21, 1975, Lee Ann Remm performed a topless dance for Detective Hall and while so dancing straddled his leg and undulated back and forth. Further, she attempted to place her breast in Detective Hall's mouth. Detective Hall paid her $2.00 to dance for him, but did not discuss with her, nor request the privilege of touching her. The Respondent is the holder of Beverage License No. 26-1334,4-COP and the licensed premises are the Silver Dollar Bar and Package Store.
The Issue This is a case in which the Petitioner seeks to impose an administrative fine against the Respondent by reason of statutory violations described in an Administrative Complaint which are alleged to have taken place in the course of the operations of the Respondent's cosmetology salon.
Findings Of Fact At all times material to this case, the Respondent has been licensed as a Cosmetologist, having been issued license number CL205771. The Respondent's last-known business address is 2600 Hammondville Road, Pompano Beach, Florida 33069, at which location he operates a Cosmetology Salon named Cut Creation. At all times material to this case, Cut Creation has been licensed as a Cosmetology Salon, having been issued license number CE53077. On February 5, 2004, the Respondent's business premises were inspected by Norma Fishner, an Investigative Specialist employed by the Department of Business and Professional Regulation. During the course of her inspection on February 5, 2004, Norma Fishner observed Christopher Mason cutting a customer's hair on the premises of Cut Creation. On that date Christopher Mason was not licensed as a Cosmetologist in the State of Florida. On February 5, 2005, Norma Fishner also observed an unidentified male cutting a customer's hair on the premises of Cut Creation. This unidentified male ran out the front door before he could be questioned or identified by Norma Fishner. Norma Fishner questioned the Respondent about the unidentified male who ran out the door and asked the Respondent to provide identifying information about that person. The Respondent refused to provide any information about that person. It was clear that the Respondent knew the identity of the unidentified male who ran out the door and that the Respondent knew that the unidentified male did not have a Cosmetologist license.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered in this case concluding that the Respondent is guilty of the violations alleged in the Administrative Complaint and imposing an administrative fine in the total amount of one thousand dollars ($1,000.00). DONE AND ENTERED this 27th day of July, 2005, in Tallahassee, Leon County, Florida. S 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 27th day of July, 2005.
The Issue The issue in this case is whether Respondent's license as a cosmetology specialist should be suspended, revoked, or otherwise disciplined for the alleged violation of Chapter 477, Florida Statutes, as set forth in the Administrative Complaint.
Findings Of Fact At all times pertinent to this proceeding, Respondent was licensed by the State of Florida, Board of Cosmetology, as a nail specialist having been issued license no. FV 513107. Respondent obtained her license by examination. Respondent resides at 286 31st Avenue, Vero Beach, Florida. Respondent has obtained an occupational license from Indian River County to operate as a manicurist, pedicurist or nail extension specialist out of her home. Respondent used her state license to obtain her occupational license from Indian River County. Respondent has not obtained a salon license from the Board of Cosmetology. There is no dispute that Respondent operates her business out of her home. However, there is a dispute as to exactly what services are performed there. Respondent testified that she does not and has never performed pedicures at her home. Instead, the only services she offers are foot massages and/or reflexology. Petitioner's investigation of Respondent was initiated when an allegation was made that Respondent was practicing massage in her home without a license. Petitioner's investigator interviewed Respondent and contends that she admitted she was performing pedicures in her home. However, Respondent contends that she only advised the investigator that she "worked on people's feet" and that she has never performed a pedicure. The evidence established that Respondent does not perform pedicures or other traditional cosmetology services out of her house. Respondent does perform foot massages and/or reflexology out of her house. Respondent had previously practiced reflexology in another state. Upon moving to Florida, she tried to determine the legal steps necessary to continue her practice in this state. Since pedicure is defined in Chapter 477 to include massaging the feet, she sought a license for this specialty service. She has never sought to operate a traditional salon out of her house. Respondent did not think that she needed a salon license to work on people's feet. In a Notice of Cease and Desist dated April 25, 1990, the Department of Professional Regulation has notified Respondent that engaging in the services of reflexology while not duly licensed by the Board of Massage constitutes the unlicensed practice of massage in violation of Section 480, Florida Statutes. The purported violation of Chapter 480 is not part of this proceeding.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Board of Cosmetology enter a Final Order finding Respondent guilty of a violation of Section 477.0265(1)(b)(1), and therefore, Section 477.029(h), issuing a reprimand and imposing a fine of $50.00. DONE and ENTERED this 20th day of December 1990, in Tallahassee, Florida. J. STEPHEN MENTON 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 20th day of December 1990. APPENDIX Petitioner submitted proposed findings of fact. It has been noted below which proposed findings of fact have been generally accepted and the paragraph number(s) in the Recommended Order where they have been accepted, if any. Those proposed findings of fact which have been rejected and the reason for their rejection have also been noted. The Petitioner's Proposed Findings of Fact Proposed Finding Paragraph Number in Recommended Order of Fact Number of Acceptance or Reason for Rejection Adopted in substance in Finding of Fact 1 Adopted in pertinent part in Findings of Fact 6, 7 and 8 Adopted in pertinent part in Findings of Fact 3 Adopted in substance in Finding of Fact 4 Rejected as irrelevant Copies Furnished To: Laura P. Gaffney, Esquire Senior Attorney Department of Professional Regulation Northwood Centre 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0792 Ms. Kathleen Demarzo 286 31st Avenue, S.W. Vero Beach, Florida Kenneth E. Easley, Esquire General Counsel Department of Professional Regulation 1940 N. Monroe Street Tallahassee, FL 32399-0729 Myrtle Aase Executive Director Florida Department of Cosmetology 1940 North Monroe Street Tallahassee, Florida 32399-0792 =================================================================
