Findings Of Fact Paula Joan Thigpen, known also as Paula Thigpen, is licensed by the State of Florida, Barbers' Board, to practice as a barber in the State of Florida. Her license number is BB 0025059. Respondent had been married to one William Mann on two occasions, ending in divorce. In addition, Respondent had worked as a barber in a barbershop owned by her former husband. That shop is located at 465 Kingsley Boulevard, Orange Park, Florida. This arrangement allowed her to act as a manager in fact related to the financial aspects of that barbershop, during Mann's absence. In the summer of 1983, a discussion was entered into between the Respondent and her former husband on the topic of opening a barbershop in Middleburg, Florida. It was contemplated that Mann would own the shop and that the shop would be managed by the Respondent. Should the Respondent leave the community due to the duties of her present husband who was serving in the United States Navy, Respondent and Mann understood that the Respondent would be reimbursed for the money she invested in the shop in Middleburg. It was discussed that the Respondent would be guaranteed a salary at the beginning of the shop operation in Middleburg. Finally, it was discussed that should Mann wish to dispose of his ownership of the Middleburg barbershop, Respondent would pay him for his interest in the shop and become the owner. Both Mann and the Respondent spent money in trying to establish the barbershop in Middleburg, to include equipment, supplies, advertising and other related costs. Respondent also devoted labor to establishing the shop in Middleburg. To this end, space was leased in a building in early September, 1983, with Respondent representing herself to the lessor as a partner with Mann. On September 16, 1993, Mann traveled to Tallahassee and obtained a barbershop license for the Middleburg operation, No. BS 0007886. He listed himself as the owner of the shop and paid a $25 licensing fee. The barbershop license came into the hands of the Respondent following its issuance. This occurred sometime between September 16, 1983, and September 21, 1983. The barbershop in Middleburg opened on September 19, 1983, a week earlier than had been anticipated by Mann. On that same date he contacted the Respondent and indicated that he did not wish to pursue the business venture of opening the barbershop. He stated on that occasion that he felt that it would cost too much money and the he was not in a position to guarantee the salary for the Respondent and another person who would be working in the shop. Mann offered to have the Respondent return to his business in Orange Park, Florida. Respondent declined this opportunity. Discussion was then entered into on the possibility of the Respondent buying out Mann's ownership interest. Mann did not accept that disposition. He simply stated that he wanted the shop closed. There was a further conversation on September 20, 1983, in which Mann indicated his willingness to sell the shop based upon the amount of money he had invested in the equipment and supplies and a fee which he thought he was entitled to based upon the aggravation caused by the venture. On September 21, 1983, Mann appeared at the barbershop in Middleburg and told the Respondent that he no longer wished to sell his ownership of the shop. He told her that he wished to have the shop closed and wanted the license which had been issued for the barbershop. Respondent told him that she did not know where the license was. In fact, she had it at her home. Following this exchange Mann sought the assistance of law enforcement and after discussion between a law enforcement officer and the Respondent and her former husband, Mann left the licensed premises in Middleburg, Florida. He departed in view of the fact that the lease was signed by the Respondent, accepting the officer's suggestion that he leave given the indicia of control which the lease seemed to place in the hands of the Respondent, in the eyes of the officer. Before the September 21, 1983, exchange, Respondent had prepared a document which would settle the transfer of ownership from Mann to her. That document was never executed. Nonetheless, Respondent was of the opinion that she was entitled to the ownership interest in the barbershop and she traveled to Tallahassee, Florida, on that date and sought and obtained a barbershop license for the Middleburg, Florida shop for which an initial license had been issued to Mann. The license issued to Respondent for that barbershop was BS 00078887. In the application for that license she indicated that she was the sole owner of the shop and the equipment in the shop. This request for transfer was not authorized by Mann, the shop license holder. Following the issuance of the barbershop license for the same barbershop in Middleburg, Florida, as had been licensed for the benefit of Mann, her former husband offered to sell her his interest in the shop. This offer was made in January, 1984. The offer was only open for a couple of days and the parties were unable to come to an agreement on the purchase. That sale has yet to occur. Under the circumstances of this case, as shown in the course of the hearing, Mann has remained the owner of the barbershop licensed for the Middleburg, Florida operation. This is a fact understood by the Respondent. Although there have been occasions in which Mann seemed willing to sell his ownership and associated license, that purchase was never consummated.
Recommendation Upon the consideration of the facts found and the conclusions of law reached, it is RECOMMENDED that a Final Order be entered which revokes the barbershop registration No. BS 00078887 issued in the name of Paula Thigpen, imposes a civil penalty in the amount of $500 pursuant to Section 476.204, Florida Statutes, and declines the imposition of further penalties as might be allowed by Section 476.214(1), Florida Statutes, and Section 455.227(1), Florida Statutes. DONE AND ENTERED this 10th day of October 1984 in Tallahassee, Florida. CHARLES C. ADAMS 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 10th day of October 1984. COPIES FURNISHED: Theodore R. Gay, Esquire Staff Attorney Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 L. J. Arnold, III, Esquire Post Office Drawer "D" Green Cove Springs, Florida 32043 Myrtle Aase, Executive Director Barber's 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
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
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
Findings Of Fact At all times material to this case, the Respondent, Arled Corp., d/b/a Cadris Hair Design, has been licensed to operate a cosmetology salon in the State of Florida, having previously been issued license number CE 0046212. At all times material to this case, the Respondent corporation has been the owner and operator of a cosmetology salon known as Cadris Hair Design, which is located at 13635 Southwest 26th Street, Miami, Florida 33175-6377. On December 26, 1991, during the course of a routine inspection, an inspector employed by the Department of Professional Regulation discovered that Liliam de la Portilla was practicing a cosmetology specialty on the licensed premises without having a valid license to practice a cosmetology specialty. Further investigation revealed that Liliam de la Portilla had been practicing a cosmetology specialty on a regular basis on the licensed premises since approximately the middle of September of 1991. Liliam de la Portilla has previously been licensed to practice a cosmetology specialty, but her last license expired on June 30, 1990. During the period from the middle of September of 1991 through December 26, 1991, Liliam de la Portilla did not have a valid license to practice a cosmetology specialty in the State of Florida. Ms. Gladys Scheer is, and was at all material times, the president of and owner of Arled Corporation. Ms. Scheer granted permission for Liliam de la Portilla to practice a cosmetology specialty on the premises of Cadris Hair Design. Liliam de la Portilla was not an employee of Cadris Hair Design, but merely paid rent for the right to practice a cosmetology specialty on the premises of Cadris Hair Design. Ms. Gladys Scheer has known Liliam de la Portilla for approximately ten years. Ms. Scheer knew that Liliam de la Portilla had previously been licensed to practice a cosmetology specialty and assumed, but did not verify, that Liliam de la Portilla was still licensed. In September of 1991 when Ms. Scheer first allowed Liliam de la Portilla to practice a cosmetology specialty on the premises of Cadris Hair Design, she was not aware that Liliam de la Portilla's license had expired. Following the inspection on December 26, 1991, Ms. Gladys Scheer told Liliam de la Portilla that the latter could no longer practice a cosmetology specialty on the premises of Cadris Hair Design until such time as she was properly licensed.
Recommendation On the basis of all of the foregoing, it is RECOMMENDED that the Board of Cosmetology enter a Final Order concluding that the Respondent is guilty of violating Section 477.029(1)(c), Florida Statutes, and imposing a penalty consisting of a reprimand and an administrative fine in the amount of $100.00. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 3rd day of August 1992. MICHAEL M. PARRISH, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 SC 278-9675 Filed with the Clerk of the Division of Administrative Hearings this 3rd day of August 1992. COPIES FURNISHED: Theodore R. Gay, Esquire N-607 Rhode Building Phase 2 401 Northwest 2nd Avenue Miami, Florida 33128 Charles F. Tunnicliff, Bureau Chief Department of Professional Regulation Suite 60 1940 North Monroe Street Tallahassee, FL 32399-0792 Ms. Gladys Scheer, President Cadris Hair Design 13635 Southwest 26th Street Miami, Florida 33175-6377 Kaye Howerton, 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
The Issue Whether Respondent Nancy Moss' cosmetology instructor's license should be suspended or revoked, or whether other disciplinary action should be taken by Petitioner against Respondent for alleged violation of Section 477.025(1), Florida Statutes (1980 Supplement), and Section 477.028(1)(b), Florida Statutes (1979).
Findings Of Fact On May 28, 1981 Petitioner Department of Professional Regulation, Board of Cosmetology filed an Administrative Complaint seeking to suspend or revoke or take other disciplinary action against Respondent Nancy Moss as licensee and against her license as a cosmetology instructor. The complaint charged Respondent Moss with three (3) counts of misconduct for holding herself out as a cosmetologist and a cosmetology instructor and for operating a cosmetology salon without being duly licensed. Respondent holds an inactive cosmetology instructor's license #1C 0083468. The inactive receipt was dated July 31, 1980 and expired June 30, 1981 (Petitioner's Exhibit 1). Respondent was the owner and operator of the American Hairstyling Academy, a barber school duly licensed by the State Board of Independent Post- Secondary Vocational, Technical, Trade and Business Schools during the time pertinent to this hearing. The school ceased operation on July 1, 1981. The Director of the State Board of Independent Post-Secondary Vocational, Technical, Trade and Business Schools, a witness for Petitioner, made an official visit to the American Hairstyling Academy on January 21, 1981. He saw a woman sitting in one (1) of the six (6) or seven (7) chairs in the facility with rollers in her hair and saw Respondent Moss performing a service on the woman's hair. After the Director had identified himself, Respondent gave him the American Hairstyling Academy school records to examine and then proceeded to complete her work on the woman's hair. The Director noticed a room with clothes hanging on racks and trinkets in a counter with a sign, "Boutique," near the door. The room had been previously designated as a classroom for the barber school. Before the Director left, one (1) other person entered the premises. (Transcript, pages 12 through 34.) The Supervisor I, Office of Investigative Services, Jacksonville, Region II, made an appointment for a shampoo and set with Respondent Moss on February 4, 1981 at the American Hairstyling Academy. She appeared at the designated time, and Moss performed the shampoo and set. The Supervisor saw a room in which clothes were hanging and saw an area beyond that room which was separated with a cloth curtain. Before the Supervisor left, one (1) other person entered the premises. The Supervisor paid for the hair service and left the school. (Transcript, pages 34 through 41.) An investigator for Petitioner saw two (2) women at the academy, one having her hair serviced and one (1) waiting for Moss. The investigator was told by Respondent that teaching was done at the school and that there were two students enrolled, but no student records were produced for her to examine. She saw no blackboards or what she recognized as a classroom. (Transcript, pages 41 through 51.) A witness for Respondent had his hair washed, conditioned and cut many times in Respondent's barber school by students. He has had the same service done by the Jacksonville Barber College. (Transcript, pages 62 through 67.) A former student stated that she attended the American Hairstyling Academy for two (2) months, and Respondent Moss supervised the work done by the students. She attended classes with five (5) other students in a classroom at the American Hairstyling Academy and checked out books from the library, but she did not complete the course. (Transcript, pages 67 through 71.) Respondent called another witness who had had students at the barber school work on her hair on approximately ten (10) different occasions, but Respondent Moss did not work on her hair. (Transcript, pages 71 through 74.) The Hearing Officer finds that the licensed barber school owned and operated by Respondent Moss prior to July 1, 1981 had a few students, six (6) or seven (7) chairs, a small area that was used by students and Respondent for instruction and a minimal library. The testimony and evidence presented by both parties show that Respondent Moss was a practicing barber in a licensed barber school. Her acts could also be classified as practicing cosmetology although she said she practiced barbering.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Administrative Complaint filed against the Respondent Nancy Moss be dismissed. DONE and ORDERED this 4th day of November, 1981, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the clerk of the Division of Administrative Hearings this 4th day of November, 1981. COPIES FURNISHED: Drucilla E. Bell, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Stanley B. Gelman, Esquire 207 Washington Street Jacksonville, Florida 32202 Samuel Shorstein, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
