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 That the license of the Respondent should be revoked, annulled, withdrawn or suspended.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 Respondent's alleged violation of Section 477.14(1) & 477.17, Florida Statutes. Receipt of Administrative Complaint and Notice of Hearing was acknowledged by Respondent. (Exhibit 1)
Findings Of Fact On May 20, 1975, Respondent was employed at the Elizabeth Arden cosmetology salon, 340 Miracle Mile, Coral Gables, Florida. This salon operates under Certificate of Registration No. 21626 issued by Petitioner on May 8, 1975. Petitioner's inspector had seen an ad in the Miami Herald to the effect that Respondent was employed at that establishment and she was aware of the fact that he did not hold a current cosmetologist license. She visited him on May 20, 1975 and he stated at that time that he had applied for a license. The inspector checked with Petitioner's records personnel and discovered that his license had not been renewed at that time. (Testimony of Padrick) Respondent submitted letters dated June 25, 1976 in which he stated that he had planned to attend his hearing but was unable to do so because of illness in the family. He further stated that he had been a licensed cosmetologist in the State of Florida for over 20 years, and previously one in Illinois for over six (6) years. He stated that he had severe medical problems and went out of the beauty field for approximately two years and when the job opportunity at Elizabeth Arden came along he forwarded a check for $35.00 to Petitioner to reinstate his cosmetology Certificate and that when Petitioner's inspector entered the shop on May 20, 1975, his new license had not yet been received. However, he did show her the check stub. They then jointly called Petitioner's Winter Haven office and he was advised that the check had not been received but that he should send a money order and his old license stub. He did so and his license was received on June 14, 1975. (Statement of Respondent)
Recommendation That the allegation against Respondent be dismissed. DONE and ENTERED this 28th day of July, 1976, in Tallahassee, Florida. THOMAS C. OLDHAM, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 COPIES FURNISHED: Ronald C. LaFace, Esquire P.O. Box 1752 Tallahassee, Florida Robert Wintermute c/o Elizabeth Arden 340 Miracle Mile Coral Gables, Florida
Findings Of Fact On December 22, 1977, Jacob Rubin, an inspector in petitioner's employ, entered the Hallmark Beauty Salon. He asked a woman who was doing manicures to produce her license. Even though she did not have a current, valid license from the Florida State Board of Cosmetology she said she had left her license at home. When asked to go home to get her license, she left the shop. She did not return to the shop that day. On behalf of respondent, Betty Lerner had hired this manicurist, whose name is Norma Bertha Ruiz de Hidalgo, in November of 1977. At the time she was hired, Ms. Hidalgo told Ms. Lerner that she had previously worked two or three blocks away and showed Ms. Lerner what seemed to be a current, valid license. In Ms. Lerner's hearing, customers greeted Ms. Hidalgo, recognizing her at respondent's shop as somebody they had known at a nearby shop earlier. The license which Ms. Hidalgo had shown Ms. Lerner was not displayed in the shop.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That petitioner reprimand respondent. DONE and ENTERED this 29th day of 1978, in Tallahassee, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Daniel J. Wiser, Esquire Post Office Box 1752 Tallahassee, Florida 32302 The Hallmark Beauty Salon, Inc. 3800 South Ocean Drive Hollywood, Florida
The Issue Whether Respondent violated Section 477.02(6); 477.15(8); 477.27(1) and (2), F.S. by allowing a person to practice the art of cosmetology in her salon without said person being a registered cosmetologist by the State of Florida.
Findings Of Fact Respondent, Marlene Fletcher, d/b/a the Beauty Parlour, did allow one Victoria Kane to practice the art of cosmetology, to-wit: the giving of a permanent wave to a customer in Respondent's salon at a time in which she held no Florida license. Respondent discussed by long distance telephone the circumstances attending the giving of said permanent wave by the said Victoria Kane. The said Victoria Kane was not in the employ of the Respondent; however, said Victoria Kane was under the control of the Respondent inasmuch as the practice of the art of cosmetology was in the salon of Respondent and at a time in which the Respondent was present.
The Issue Whether disciplinary action should be taken against Respondents for alleged violations of Sections 455.277 and 477.028, Florida Statutes (1979).
Findings Of Fact Respondent Luella and Porter's School of Beauty currently holds License No. CT 0000056 and is located at 316 NE First Street, Pompano Beach, Florida. Respondent Luella A. Bailey is an owner of the Respondent beauty school and currently holds License No. IC 0031324 as a cosmetology instructor. In March of 1980 Respondent Bailey discussed a two week course of study in Esthetology given by the Respondent beauty school with Bonnie Cohen and her mother, Sharon Cohen. Bonnie Cohen and her mother were led to believe that the course, which involved the study of the face, the use of massage and water vapor and the use of various creams and oils would enable Bonnie Cohen to obtain a paid position in cosmetology salons performing facials. Respondent Bailey suggested at least two places where Bonnie Cohen might obtain employment as a person trained to perform facials: Christine Valmy Salon and Palm Aire Spa Salon. Respondent Bailey knew or should have known that in order to perform facials in a cosmetology salon an employee must be certified as a cosmetologist. Respondent Luella and Porter's School of Beauty has been in business for a long period of time and is recognized as a reputable school. Bonnie Cohen paid a fee of $500.00 and took the two week course given at Respondent school which began on March 18, 1980 and ended on March 28, 1980. She learned to massage areas of the face and neck, apply creams and chemicals used to clean and soften the skin, and learned how to apply treatments for various minor skin problems. Miss Cohen was awarded a certificate worded: "Esthetics - Scientific Facial Treatments and Skin Care Seminar. This certifies that Bonnie Cohen has parti- cipated in the Christine Valmy Seminar for Esthetics - Scientific Facial Treat- ments and Skin Care. Date, March, 1980." The certificate was signed "Christine Valmy by Luella Bailey." In October of 1980, Bonnie Cohen sought employment at two cosmetology salons, Christine Valmy Salon and Palm Aire Spa Salon, both of which were recommended to her by Respondent Luella Bailey. The owner of the Palm Aire Spa Salon discussed employment with Bonnie Cohen and would have employed her, but when Miss Cohen produced the herein described certificate instead of a cosmetology license the owner of the salon would not employ her to perform facials. A cosmetology license is required for employment.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that a final order be entered censuring Respondent Luella Bailey and imposing on her as a licensee an administrative fine not to exceed $1,000.00 In addition the Hearing Officer recommends that the license of Respondent Luella and Porter's School of Beauty be suspended for a period of six (6) months. DONE and ORDERED this 21st day of August, 1981, 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 21st day of August, 1981. COPIES FURNISHED: Drucilla E. Bell, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Luella & Porter's School of Beauty 316 NE First Street Pompano Beach, Florida 33060 Ms. Luella A. Bailey 3200 NW 90th Avenue Coral Springs, Florida 33065 Nancy Kelley Wittenberg, Secretary Department. of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION BOARD OF COSMETOLOGY DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF COSMETOLOGY, Petitioner, CASE NO.: 81-1600 vs. LICENSE NOS. CT0000056 IC0031324 LUELLA & PORTER'S SCHOOL OF BEAUTY AND LUELLA A. BAILEY Respondents. /
The Issue Whether Respondent, Bernice Benbow, allowed a non-licensed person to practice cosmetology in her beauty salon. Whether Respondent's license should be revoked, annulled, withdrawn, or suspended, or whether some other disciplinary action should be taken.
Findings Of Fact Respondent, Bernice Benbow is doing business as Bernice's Beauty Salon in Cocoa, Florida. Notice of Service was entered without objection and marked Exhibit 1. The Complaint with the license attached thereto was entered into evidence as Exhibit 2 without objection. Respondent was working in said salon on the date reported herein and left the salon during working hours. Carrie Shingles, a non-licensed, non-registered person, washed the hair of a customer at said salon on said date. Carrie Shingles was not employed to serve as a cosmetologist and is not a registered cosmetologist. Carrie Shingles denied that she had the permission of Respondent to practice cosmetology. Said witness said that her duties were to fold towels and perform other non- cosmetology duties in the salon. When Respondent, Bernice Benbow, returned to the salon on the day in question, she set the hair of the customer that Carrie Shingles had shampooed and collected a fee for said shampoo and set but denied that she gave permission to Carrie Shingles to shampoo said customer.
The Issue Whether Respondent committed the offenses described in the Administrative Complaint? If so, what penalty should be imposed?
Findings Of Fact Based upon the record evidence, the following Findings of Fact are made: Respondent is now, and has been since September 10, 1980, licensed to practice cosmetology in the State of Florida. Her current license expires June 30, 1992. At all times material hereto, including August 8 and 17, 1990, Respondent has been an employee of the Salon D'Angelo, a cosmetology salon located in Coral Springs, Florida. Lewis Morganstern is an inspector with the Department. On August 8, 1990, Morganstern conducted an inspection of the Salon D'Angelo, including Respondent's work station. During his inspection, Morganstern observed that (a) Respondent did not remove hair from combs and brushes before using them on the next patron; (b) the barbacide Respondent used to sanitize her combs and brushes had hair floating in it; and (c) the drawer in which Respondent stored her combs and brushes also contained her personal belongings. Morganstern warned that these practices were unlawful and therefore should cease. Upon leaving, he advised that he would return to conduct a follow-up inspection. As promised, Morganstern returned to the salon on August 17, 1990. He found the same violations that he had observed during his initial inspection nine days earlier.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby recommended that the Board of Cosmetology enter a final order (1) finding that Respondent committed the violations of law alleged in the instant Administrative Complaint; and (2) imposing upon Respondent an administrative fine in the amount of $250.00 for having committed these violations. RECOMMENDED in Tallahassee, Leon County, Florida, this 6th day of September, 1991. STUART M. LERNER 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 6th day of September, 1991. COPIES FURNISHED: Tracey S. Hartman, Esquire Mark Harris, Qualified Representative Department of Professional Regulation 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-0792 Kim Raffaelli Salon D'Angelo 4623 North University Drive Coral Springs, Florida 33065 Myrtle Aase, Executive Director Board of Cosmetology Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Jack McRay, General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
