we W . "STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, . OO St vs. . : OCEANVIEW DINER COPR. License No. 15-01388-R OCEANVIEW DINER Case No. 4-99-938 - _ Respondent. : / . ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against OCEANVIEW DINER COPR., (“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 Sec. 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 last known business address is 1 FIFTH AVE., INDIALANTIC, FL 32903. 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. Petitioner respectfully requests entry of an Order imposing one or more of “the following penalties: administrative fine not to exceed $1000 per offense; mandatory attendance at Respondent's expense at an educational program sponsored by the _ Department's Hospitality Education Program: 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 December.01, 1999 Kendall Burkett, District Administrator Division of Hotels & Restaurants 7 ment of Business & Professional Regulation Florida Bar No, 0909289 Department of Business & Professional Regulation 1940 North Monroe Street, Tallahassee, Florida 32399-1007 Telephone 850 - 488-3140 / Facsimile 850 - 488-5074 Revised 11/22/1999 oe we * License #: 15-01388R . ~~ Case #: 04-99- 33g It is alleged that on October 17, 1999 the licensee was in violation of Florida Statute 509 and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code, in the following particulars: 1. 51-15 509.032(2)(b) FS For purposes of performing required inspections and the enforcement of this chapter, the division has the right of entry and access to... public food service establishments at any reasonable time. 61C-1.002(8)(b) FAC .. . Persons operating a public food service establishment shall permit division personnel right of entry during operating hours to observe food preparation and service, and if necessary examine records of the establishment to obtain pertinent information pertaining to food and supplies purchased, received or used. PERSON IN CHARGE STATED HE DID NOT WANT INSPECTOR TO TAKE ANY FOOD TEMPERATURES AND TOLD HER TO LEAVE HIS ESTABLISHMENT. Exhibit A Page 1 of 1 FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ____ DIVISION OF HOTELS AND RESTAURANTS EXPLANATION OF RIGHTS The enclosed Administrative Complaint charges you with violating one or more provisions of Chapter 509, Florida Statutes, or Rule 61C, Florida Administrative Code. If you have questions regarding your response or best course of action, you may wish to seek competent legal counsel. Failure to make an election, as described below, within the 21 days of your receipt of this Administrative Complaint packet waives your right to a hearing in this matter, and the Department may proceed against you by default. : Your receipt of this Administrative Complaint packet constitutes service upon you. Your rights under Florida law (Chapter 120, Florida Statutes) are as follows: 1. You may elect to dispute the violations alleged in the Complaint and request a hearing on the disputed facts before an Administrative Law Judge, which is an administrative trial. You and the Department will be given an opportunity to present evidence and witnesses to prove or disprove the facts alleged and, after the hearing, submit a written proposed recommended order for the Judge’s consideration. Based on the evidence and testimony presented and any proposed recommended orders submitted by the parties, the Judge will issue a Recommended Order to the Department containing Findings of Fact, Conclusions of Law, ‘and Recommended Penalty, if any. The parties may submit exceptions to the : Recommended Order. Following review of the Recommended Order and exceptions, if any, the Department may issue a Final Order. 2. You may elect to not dispute the violations alleged in the Complaint and request that a ; hearing be held to present testimony or documents you wish the Department to consider in mitigation of the alleged violations prior to disposition of this case. Any penalty levied will be ' included in a Final Order. Ifa dispute of material fact arises, the hearing will be terminated and the case referred for administrative trial as described in paragraph 1 above. 3. You may seek to resolve this matter through a negotiated settlement with the Department's Settlement Officer as instructed in the cover letter accompanying this packet. Upon final approvai by the Department, the settlement will be incorporated into a Final Order resolving the case. Participating in settlement discussions does not preserve your right to a hearing. Failure to make an election within 21 days, as described in paragraphs 1 and 2 above, will waive your right to a hearing. ay waive hearing in this matter, and the Department will proceed with resolution and sible penalty at its discretion. : ~ An Election of Rights form is included with this Administrative Complaint packet. You must “respond to the Administrative Complaint by electing one of the options on the Election of Rights form and the Department must receive it within 21 days of your receipt of this Administrative Complaint packet. The Division will then determine whether a dispute of material fact exists, and schedule the _€appropriate hearing. Notice of the date, time, and place of hearing will be sent to you at the address designated by you on your Election of Rights. _ Pursuant to Chapter 120.573, Florida Statutes, please be advised that mediation is not available for resolution of this action. :

Docket for Case No: 00-001512