Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: NELSON BOY'Z
Judges: JAMES H. PETERSON, III
Agency: Department of Business and Professional Regulation
Locations: Tallahassee, Florida
Filed: Apr. 17, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, May 22, 2013.
Latest Update: Nov. 13, 2024
State of Florida
Department of Business and Professional Regulation
Division of Hotels and Restaurants
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Petitioner,
vs.
1 License Number 7550040
NELSON BOY’ 2 J License Type 2014
espon fall Case Number 2012035842
Administrative Complaint
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (“Petitioner”), files this Administrative Complaint against NELSON BOY'‘Z, ("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. Respondent is, 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 2120
. CRAWFORDVILLE ROAD, CRAWFORDVILLE, FLORIDA 32327.The mailing address of record is
’ NELSON BOY'‘Z, at 1771 WAKULLA ARRAN RD, CRAWFORDVILLE, FLORIDA 32327.
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 are 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 August 20, 2012
KerNdensdill, District
By delegation of the Director, or designee
Division of Hotels & Restaurants
, Department of Business & Professional Regulation
COUNSEL FOR THE DEPARTMENT:
Mare 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: 7196 9008 9111 0767 1058
I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been
hahd served by me on this. day of , 2012.
i Received by:
Ingpector’s Signature Operator's Signature
Title Title
Gase Number: 2012035842 — File Number: 28148 District Number: 06
License Number: 7550040 2014 Form revised 09.10.11
NELSON BOY'Z
Exhibit A
Lidense Number: 7550040
Lidense Type: 2014 MOBILE FOOD DISPENSING VEHICLE
Case Number: 2012035842
"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
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.
{ti is alleged that on April 8, 2011, September 28, 2011, September 28, 2011, February 22, 2012, April 27,
2012, July 5, 2012, August 9, 2012 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.
“11, 47- 09- 1 2-103.11(I) FC:; PERSON IN CHARGE. THE PERSON IN CHARGE SHALL ENSURE
THAT: (i) EMPLOYEES' ARE PROPERLY SANITIZING CLEANED MULTIUSE EQUIPMENT AND
UTENSILS BEFORE THEY ARE REUSED, THROUGH ROUTINE MONITORING OF SOLUTION
TEMPERATURE AND EXPOSURE TIME FOR HOT WATER SANITIZING, AND CHEMICAL
CONCENTRATION, PH, TEMPERATURE, AND EXPOSURE TIME FOR CHEMICAL SANITIZING;
OBSERVED LACK OF USE OF CHEMICAL TEST KIT WHEN USING CHEMICAL SANITIZER AT THREE
COMPARTMENT SINK / WAREWASHING MACHINE.
* 2, 53B-08-1 609.049 FS: FOOD SERVICE EMPLOYEE TRAINING. THE DIVISION SHALL ADOPT,
BY RULE, MINIMUM FOOD SAFETY PROTECTION STANDARDS FOR THE TRAINING OF ALL FOOD
SERVICE EMPLOYEES WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, OR
SERVING OF FOODS TO THE PUBLIC IN ESTABLISHMENTS REGULATED UNDER THIS CHAPTER.
THESE STANDARDS SHALL NOT INCLUDE AN EXAMINATION, BUT SHALL PROVIDE FOR A FOOD
SAFETY TRAINING CERTIFICATE PROGRAM FOR FOOD SERVICE EMPLOYEES TO BE ADMINISTERED
BY A PRIVATE NONPROFIT PROVIDER CHOSEN BY THE DIVISION. ANY.FOOD SAFETY TRAINING
PROGRAM ESTABLISHED AND ADMINISTERED TO FOOD HANDLER EMPLOYEES PRIOR TO THE
EFFECTIVE DATE OF THIS ACT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIVISION FOR ITS
. REVIEW AND APPROVAL. !T SHALL BE THE DUTY OF THE LICENSEE OF THE PUBLIC FOOD SERVICE
ESTABLISHMENT TO PROVIDE TRAINING IN ACCORDANCE WITH THE DESCRIBED RULE TO ALL
EMPLOYEES UNDER THE LICENSEE'S SUPERVISION OR CONTROL. THE LICENSEE MAY DESIGNATE
ACERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE
LICENSEE, FOOD SERVICE EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT TO THIS .
SECTION BY JANUARY 1, 2001. FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 1, 2000,
MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT. CERTIFICATION PURSUANT
TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS. ALL PUBLIC FOOD SERVICE
ESTABLISHMENTS MUST PROVIDE THE DIVISION WITH PROOF OF EMPLOYEE TRAINING UPON
REQUEST, INCLUDING, BUT NOT LIMITED TO, AT THE TIME OF ANY DIVISION INSPECTION OF THE
ESTABLISHMENT. ‘
OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED. REPEAT VIOLATION
(04/08/11; 09/25/11)
Case Number: 2012035842 File Number: 28148 District Number: 06
License Number: 7550040 2014 Form revised 09.10.11
NELSON BOY'Z
Docket for Case No: 13-001440
Issue Date |
Proceedings |
May 31, 2013 |
Transmittal letter from Claudia Llado forwarding Petitioner's Proposed Exhibits numbered 1-8, to the agency.
|
May 22, 2013 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
May 22, 2013 |
Joint Motion to Relinquish Jurisdiction filed.
|
May 20, 2013 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
May 15, 2013 |
Transmittal Letter filed.
|
Apr. 26, 2013 |
Order of Pre-hearing Instructions.
|
Apr. 26, 2013 |
Notice of Hearing (hearing set for May 22, 2013; 9:30 a.m.; Tallahassee, FL).
|
Apr. 23, 2013 |
Response to Initial Order filed.
|
Apr. 18, 2013 |
Order Re-opening File. CASE REOPENED.
|
Apr. 17, 2013 |
Initial Order.
|
Apr. 05, 2013 |
Petitioner's Motion to Re-open File and Re-set Hearing filed. (FORMERLY DOAH CASE NO. 13-0240)
|
Mar. 26, 2013 |
Undeliverable envelope returned from the Post Office filed.
|
Mar. 20, 2013 |
Transmittal letter from Claudia Llado forwarding Petitioner's Proposed Exhibits numbered 1-8, to the agency filed.
|
Mar. 18, 2013 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Mar. 18, 2013 |
Joint Motion to Relinquish Jurisdiction filed.
|
Mar. 12, 2013 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing) filed.
|
Mar. 11, 2013 |
Petitioner's Witness List filed.
|
Mar. 11, 2013 |
Petitioner's (Proposed) Exhibit List filed.
|
Mar. 11, 2013 |
Transmittal Letter filed.
|
Jan. 31, 2013 |
Order of Pre-hearing Instructions.
|
Jan. 31, 2013 |
Notice of Hearing (hearing set for March 18, 2013; 10:00 a.m.; Tallahassee, FL).
|
Jan. 24, 2013 |
Response to Initial Order filed.
|
Jan. 18, 2013 |
Initial Order.
|
Jan. 17, 2013 |
Election of Rights filed.
|
Jan. 17, 2013 |
Administrative Complaint filed.
|
Jan. 17, 2013 |
Agency referral filed.
|