sete gee on June 13, 2001. a 4-180 | STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS FLORIDA DEPARTMENT OF BY AGRICULTURE AND CONSUMER SERVICES, mm e- C LOS Petitioner, VS. DOAH Case No: 01-1553 FDACS Case No: 2001-0123 LASTE INTERNATIONAL, INC., d/b/a LASTE SUPERMARKET, Respondent. FINAL ORDER THIS CAUSE arouse under the Florida Food Safety Act, Chapter 500, Florida Statutes, and comes before the Commissioner of Agriculture and Consumer Services of the State of Florida for consideration and final agency action. By letter dated January 30, 2001, Petitioner notified Respondent that Petitioner intended to impose an administrative fine against Respondent pursuant to Chapter 500, Florida Statute. : Respondent made, a timely Tequest for a formal administrative hearing The matter ¥ was transferred to the Division of Administrative Hearing and a formal administrative hearing was held trative e Law Judge's s Recommended Order was duly rendered on July 18, 2001, a copy ‘of which is attached to this Final Order Exhibit "A", No party filed written exceptions to the recommended order. sree nna - The Department at the final hearing sought an administrative fine in the amount of $5,000.00 which was supported by the testimony of Dr. John Fruin, Chief of Food and Meat Inspection. Upon consideration hereof and being otherwise fully advised in the premises: it is - ORDERED AND ADJUDGED: 1. The Administrative Law Judge’s Finding of Fact are adopted with the clarification to | paragraph #5 in that the respondent's food establishment was inspected and a report issued twelve times during the period stated and was rated as "fair" on three occasions. 2. The Administrative Law Judge’s Conclusion of Law are adopted. 3. The Administrative Law Judge's Recommendation as to the appropriate administrative fine to be imposed for the violation of law are adopted. 4. Accordingly, a fine is hereby imposed in the amount of $5,000.00, against the Respondent. Respondent shall pay the administrative fine in the amount of $5,000.00 within fifteen (15) days of receipt of this Final Order as authorized by § 500.121 Fla. Stat. (2000). NOTICE OF RIGHT TO APPEAL Any party to these proceedings adversely affected by this Final Order is entitled to seek review of this Order pursuant to § 120.68 Fla. Stat. (2000), and Rule 9.110. Florida Rules of Appellate Procedure. Review proceedings must be instituted by filing a petition or notice of appeal with the Agency Clerk, Room 509, Mayo Building, Tallahassee, Florida 32399-0800, and a copy of the same with the appropriate District Court of Appeal within thirty (30) days of filing with the Agency Clerk. +h DONE AND ORDERED this \9 day of ¢ ) cele ev, 2001. CHARLES H. BRONSON COMMISSIONER OF AGRICULTURE Min LL be Terry L. Rhodes Assistant Commissioner Florida Depaftment of Agriculture and Consumer Services n +h CO Filed with the Agency Clerk this_|9_ day of Shey . 2001. | Cc LON ee i Agency Clerk! a : Copiesto: ~~ LASTE INTERNATIONAL, INC., . d/b/a LASTE SUPERMARKET . Via Certified Mail, Return Receipt Requested Bureau of Food and Meat Inspection John V. McCarthy, Senior Attorney

Docket for Case No: 01-001553

Orders for Case No: 01-001553