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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs ROCCOS PIZZA AND CAFE, 13-001852 (2013)

Court: Division of Administrative Hearings, Florida Number: 13-001852 Visitors: 22
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: ROCCOS PIZZA AND CAFE
Judges: JAMES H. PETERSON, III
Agency: Department of Business and Professional Regulation
Locations: Crystal River, Florida
Filed: May 17, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, May 22, 2013.

Latest Update: May 23, 2024
State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs, 19 ROCCOS PIZZA & CAFE License Number 1901262 Respondent. Case Number 2013013512 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against ROCCOS PIZZA & CAFE, (‘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 6612 GULF TO LAKE HWY, CRYSTAL RIVER, FLORIDA 34429.The mailing address of record is ROCCOS PIZZA & CAFE, at 6612 GULF TO LAKE HWY, CRYSTAL RIVER, FLORIDA 34429. 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 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 March 27, 2013 teens ey, Joe — — 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 8 4101 Soe. 7735 Certificate of Service ee 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: 2013013512 File Number: 226426 District Number: 03 License Number. 1901262 2010 Form revised 01.01.13 ROCCOS PIZZA & CAFE Exhibit A License Number: 1901262 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2013013512 It is alleged that on March 19, 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 Cade, 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 high priority violation. * denotes an intermediate priority violation. * 4,62-01-4 §09.292(1) FS Intermediate: (1) An operator may not knowingly and willfully misrepresent the identity of any food or food product to any of the patrons of such establishment. The identity of food or a food product is misrepresented if: (a) The description of the food or food product is false or misleading in any particular; (b) The food or food product is served, sold, or distributed under the name of another food or food product; or (c) The food or food product purports to be or is represented as a food or food product that does not conform to a definition of identity and standard of quality if such definition of identity and standard of quality has been established by custom and usage. Identity of food or food product misrepresented. “Grouper” advertised on menu; employee identified "Pangasius” in the freezer as the fish being served as "grouper". Case Number: 2013013512 — File Number: 226426 District Number: 03 License Number: 1901262 2010 Form revised 01.01.13 ROCCOS PIZZA & CAFE

Docket for Case No: 13-001852
Issue Date Proceedings
May 22, 2013 Order Closing File. CASE CLOSED.
May 20, 2013 Notice of Voluntary Dismissal filed.
May 17, 2013 Initial Order.
May 17, 2013 Election of Rights filed.
May 17, 2013 Administrative Complaint filed.
May 17, 2013 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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