Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: BURGER KING NO. 3629
Judges: SUZANNE VAN WYK
Agency: Department of Business and Professional Regulation
Locations: Tallahassee, Florida
Filed: Apr. 30, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, May 6, 2013.
Latest Update: Dec. 23, 2024
State of Florida
Department of Business and Professional Regulation
Division of Hotels and Restaurants
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Petitioner,
vs.
BURGER KING #3629 icense rye 2010
Respondent. Case Number 2013007171
/
Administrative Complaint
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against BURGER KING #3629,
(‘Respondent’), and says:
1. Petitioner | is the state agency charged with regulating the operation of public lodging establishments and
2. Respondent is, and has been at all times material hereto, Teersed by or abject to the iurisdiction of the
Division of Hotels and Restaurants. The respondent's business address of record is 7623 E COLONIAL
DR, ORLANDO, FLORIDA 32807.The mailing address of record is BURGER KING #3629, at 3318
FOREST LN STE-200, DALLAS, TEXAS 75234.
3. {nspection of this establishment conducted pursuant to Sec. 509,032, Florida Statutes, revealed violations
of the provisions of Chapter 509; Florida Statutes; and 7 oF thé 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 ticense
issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the
rules promulgated thereto. :
Signed February 21, 2013
(oom
Valerie Freeman, 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:
| HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been
hand served by me on this. day of , 2013.
Received by:
Inspector's Signature Operator's Signature
Title . Title
Case Number: 2013007171 File Number: 258395 oe District Number: 04
License Number: 5803387 2010 Form revised 04.01.13
BURGER KING #3629
Exhibit A
License Number: 5803387 :
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2013007171
It is alleged that on November 27, 2012, January 28, 2013 Respondent was in violation of Florida Statute 509
-(FS); the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC); and/or specific
provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug
Administration, as incorporated by Chapter 61C, 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.
** denotes a critical violation.
** 1.53B-08-1 509.049FS: 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 includé 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. It shall be the
duty of the licensee of the public food service establishment to provide training in accordance with the
certified 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.
No proof of any employee food handler training was available.
Case Number: 2013007171 File Number: 258395 Oistrict Number: 04
License Number: 5803387 2010 Form revised 01.04.13
BURGER KING #3629
Docket for Case No: 13-001568