Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: ST JOHNS SEAFOOD AND STEAKS
Judges: F. SCOTT BOYD
Agency: Department of Business and Professional Regulation
Locations: Jacksonville, Florida
Filed: Sep. 27, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 22, 2011.
Latest Update: Dec. 28, 2024
State of Florida
Department of Business and Professional Regulation
Division of Hotels and Restaurants
DEPARTMENT OF BUSINESS AND
PROFESSIONAL-.REGULATION
Petitioner,
VS.
License Number 2609951
ST JOHNS ani deeed & STEAKS License Type 2010
espon et Case Number 2010050258
Administrative Complaint
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against ST JOHNS SEAFOOD & STEAKS,
(“Respondent”), and says:
1. Petitioner is the state agency charged with regulating the operation of public lodging establishments-and
public food service establishments, pursuant to Section 20.165 and Chapter 509, Florida Statutes.
2. Respondentis, and has been at all times material hereto, licensed by or subject to the jurisdiction of the
Division of Hotels and Restaurants. The respondent’s business address of record is 7001 MERRILL RD
#42, JACKSONVILLE, FLORIDA 32277.The mailing address of record is ST JOHNS SEAFOOD &
STEAKS, at 7001 42 MERRILL ROAD, JACKSONVILLE, FLORIDA 32277.
3. Inspection of this establishment conducted pursuant to Sec, 509.032, Florida Statutes, revealed violations
of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing
operation of the establishment. The violation(s) found and applicable law is described in Exhibit “A,”
attached hereto and incorporated herein by reference. Inspection documents are attached as Exhibit “B”,
incorporated herein by reference.
WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or.more of the following
penalties: administrative fine not to exceed $1,000 per offense, suspension, revocation, or refusal of a license
issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the
rules promulgated thereto.
: Signed October 06, 2010
Michelle'Hayne¥, District Manager
By delegation of the Director, or designee
Division of Hotels. & Restaurants.
Department of Business & Professional Regulation
COUNSEL FOR THE DEPARTMENT:
Marc Drexler, Lead Attorney
Florida Bar No. 0487058
. Department of Business & Professional Regulation
1940 North Monroe Street
Tallahassee, Florida 32399-2202
Certificate of Service
BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: _7160 3901 9849 0947 0274
| HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been
hand served by me on this day of , 2010.
Received by: .
Inspector's Signature Operator's Signature
Title Title
Case Number: 2010050258 File Number: 223700 . District Number: 05
License Number: 2609954 2010 Form revised 10.15.09
ST JOHNS SEAFOOD & STEAKS
Filed September 27, 2011 11:07 AM Division of Administrative Hearings
Exhibit A
License Number: 2609951
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2010050258
FC as cited herein references specific provisions of the Food Code, Recommendations of the United States
Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative
Code. NFPA as cited herein references specific provisions of the National Fire Protection Association Life
Safety Code, incorporated by reference at Chapter 4A-3, Fire Prevention, General Provisions, Florida
Administrative Code, and 61C-1.004(5), Florida Administrative Code.
* denotes a critical violation.
Itis alleged that on April 15, 2010, September 17, 2010 the licensee was in violation of Florida Statute 509(FS)
and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the following
particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and
incorporated by reference as Exhibit B.
* 41,03A-07-1 3-601.16(A) FC:: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR
WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501.19,
AND EXCEPT AS SPECIFIED IN PARAGRAPH (8) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD
SHALL BE MAINTAINED: (1) AT 185 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS
COOKED TO A TEMPERATURE AND FOR A TIME'SPECIFIED IN PARAGRAPH 3-401.11(B) OR
REHEATED AS SPECIFIED IN PARAGRAPH 3-403.11(E) MAY BE HELD AT A TEMPERATURE OF 130
DEGREES FAHRENHEIT OR ABOVE; OR (2) AT A TEMPERATURE SPECIFIED IN THE FOLLOWING: (A)
41 DEGREES FAHRENHEIT OR LESS;
OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41°F, MILK WASH AT
58°F ON KITCHEN COUNTER. CHEESE AT 47°F AND RICE AT 44°F IN THREE DOOR REACH-IN
COOLER. REPEAT VIOLATION.
District: 05
License Type: 2010
File Number: 223700
* denotes critical violation
Case Number: 2010050258
License Number: 2609951
ST JOHNS SEAFOOD & STEAKS
Docket for Case No: 11-004997
Issue Date |
Proceedings |
Nov. 28, 2011 |
Undeliverable envelope returned from the Post Office.
|
Nov. 22, 2011 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
Nov. 17, 2011 |
Notice of Voluntary Dismissal filed.
|
Oct. 05, 2011 |
Order of Pre-hearing Instructions.
|
Oct. 05, 2011 |
Notice of Hearing by Video Teleconference (hearing set for November 29, 2011; 9:30 a.m.; Jacksonville and Tallahassee, FL).
|
Oct. 04, 2011 |
Response to Initial Order filed.
|
Sep. 27, 2011 |
Initial Order.
|
Sep. 27, 2011 |
Agency referral filed.
|
Sep. 27, 2011 |
Election of Rights filed.
|
Sep. 27, 2011 |
Administrative Complaint filed.
|