Jun 12 06 10:08a Department of Health 2393382745 5B - 0. a . 4 Ln ov STATE OF FLORIDA ies, DEPARTMENT OF HEALTH ELEY Hee te € DEPARTMENT OF HEALTH, ? Petitioner, ys. DOH Case No.: 2006- PETER KRAMER, AND JEFFREY F. SLAVIN, (dba Westwood Manor), Ole . 5 Dy (p Respondents. / LEE COUNTY ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that this is an administrative action for the imposition of an administrative fine pursuant to Sections 381.0061 and 381.0072 Florida Statutes. This case arises from the Respondents’ failure to maintain minimum sanitary standards set forth in the Florida Statute and Florida Administrative Code in the operation and maintenance of the adult care facility (food service establishment and residential group care establishment) by the Respondents, Peter Kramer and Jeffrey Slavin, at Westwood Manor located at 2339 Hoople Street, Fort Myers, Florida, Annnal Operating Permits: 36-48-00323 and 36-51-00486. Factual Allegations As Ta All Counts 1. Petitioner, Department of Health, Lee County Health Department, is the administrative agency of the State of Florida charged with the duty to enforce the provisions of Chapter 381 Florida Statute and Chapters 64E-11 and 64E-12 Florida Administrative Code. 2. The Respondents, Peter Kramer and Jeffrey Slavin, own and operate Westwood Manor, an adult care facility, located at 2339 Hoople Street, Fort Myers, Florida 33901. Westwood Manor, Inc. was subject to administrative dissolution October 1, 2004. The Respondents have committed the following acts and practices set Jun 12 06 10:08a Department of Peatth Gees p4 — iy forth herein, in violation of Chapters 64E-11 and 64E-12 Florida Administrative Code and Sections 381.0061 and 381.0072 Florida Statute. Count I 3. On April 27, 2006, the Department of Health conducted an inspection of the Respondents’ food service establishment and found that Respondents failed ta have a thermometer displayed in the freezer, in violation of Rule 64E-11.006(1)(a) Florida Administrative Code. See, Attachment “A” attached and incorporated herein. This has been a repeated continual violation committed by the Respondents. In previous inspections conducted on March 30, 2006, March 15, 2006, March 7, 2006, and December 15, 2006, the Respondents were notified by the Department of Health by written inspection report of these violations and were instructed to correct the violation. The Department of Health hereby imposes a Two Hundred Fifiy Dollar ($250.00) fine for this violation of law. 4. On April 27, 2006, the Department of Health conducted an inspection of the Respondents’ food service establishment and found that Respondents were reusing single service food items, in violation of Rule 64E-11.004(18) Florida Administrative Code. See, Attachment “A”. This has been a repeated continual violation committed by the Respondents. In previous inspections conducted on March 30, 2006, and March 15, 2006, the Respondents were notified by the Department of Health by written inspection report of these violations and were instructed to correct the violation. The Department of Health hereby imposes a Two Hundred Fifty Dollar ($250.00) fine for this violation of law. 5, On April 27, 2006, the Department of Health conducted an inspection of the Respondents’ food service establishment and found that Respondents the cabinets were in disrepair not allowing for service of food items in a sanitary manor, in violation of Rule 64E-11.006(1)(c) Florida Administrative Code. See, Attachment “A”. This has been a repeated continual violation committed by the Respondents. In a previous inspection dun 12 06 10:09a Department of ean qassearas pb conducted on March 30, 2006, the Respondents were notified by the Department of Health by written inspection report of these violations and were instructed to correct the violation. The Department of Health hereby imposes a Two Hundred Fifty Dollar ($250.00) fine for this violation of law. 6. On April 27, 2006, the Department of Health conducted an inspection of the Respondents’ food service establishment and found that Respondents failed to have test strips available for testing in the sanitizing of dishes and utensils nor did they have a dishwasher that reaches 160 degrees Farenheit, in violation of Rule 648. 11.006(3)(5)(b)6g Florida Administrative Code, See, Attachment “A”, This has been a repeated continual violation committed by the Respondents. In previous inspections conducted on March 30, 2006, and March 15, 2006, the Respondents were notified by the Department of Health by written inspection report of these violations and were instructed to correct the violation. The Department of Health hereby imposes a Five Hundred Dollar ($500.00) fine for this violation of law. 7. On April 27, 2006, the Department of Health conducted an inspection of the Respondents’ food service establishment and found that Respondents failed to properly maintain the design and fabrication of the food service facility such that weather stripping is missing resulting in a surface that cannot be easily cleaned, in violation of Rule 64B-11.006(2) Florida Administrative Code. See, Attachment “A”. This has been a repeated continual violation committed by the Respondents. In previous inspections conducted on March 30, 2006, and March 15, 2006, the Respondents were notified by the Department of Health by written inspection report of these violations and were instructed to correct the violation. The Department of Health hereby imposes a Two Hundred Fifty Dollar ($250.00) fine for this violation of law. _ 8. On April 27, 2006, the Department of Health conducted an inspection of the Respondents’ food service establishment and found that Respondents failed maintain the facility in a clean and sanitized manor including but not limited to dead roaches, mice Jun 12 06 10:09a Department of Path 7382746 p.6 droppings, mold by three compartment sink, dirty can opener and dirty shelving, in violation of Rule 64E-11.006(4) Florida Administrative Code. See; Attachment “A”, This has been a repeated continual violation committed by the Respondents. In previous inspections conducted on March 30, 2006, and March 15, the Respondents were notified by the Department of Health by written inspection report of these violations and were instructed to correct the violation. The Department of Health hereby imposes a Five Hundred Dollar ($500.00) fine for this violation of law. 9. On April 27, 2006, the Department of Health conducted an inspection of the Respondents’ food service establishment and found that Respondents failed to repair the faucet at the three compartment sink, in violation of Rule 64B-11,007(4) Florida Adminisirative Code. See, Attachment “A”. This has been a repeated continual violation committed by the Respondents. In previous inspections conducted on March 30, 2006, and March 15, 2006, the Respondents were notified by the Department of Health by written inspection report of these violations and were instructed to correct the violation. The Deparement of Health hereby imposes a Two Hundred Fifty Dollar ($250.00) fine for this violation of law. 10. On April 27, 2006, the Department of Health conducted an inspection of the Respondents* food service establishment and found that Respondents including but not limited to cracked ceiling tiles, floor tiles in disrepair, and inoperable lighting, in violation of Rule 64E-11.008 Florida Administrative Code. See, Attachment “A”. This has been a repeated continual violation committed by the Respondents. In previous inspections conducted on March 30, 2006 and March 15, 2006, the Respondents were notified by the Department of Health by written inspection report of these violations and were instructed to correct the violation. The Department of Health hereby imposes a Two Hundred Fifty Dollar ($250.00) fine for this violation of law. Count TT Jun 12 06 10:09a Department of (oat Pocseeras p.7 11. On April 27, 2006, the Department of Health conducted an inspection of the Respondents’ residential group care facility and found that Respondents failed to properly store meat and poultry by storing it above bread and cooked foods, in violation of Rule 64E-12.004(1)(2) Florida Administrative Code. See, Attachment “B” attached and incorporated herein, This has been a repeated continual violation committed by the Respondents. In previous inspections conducted on March 30, 2006, March 17, 2006, and March 15, 2006, the Respondents were notified by the Department of Health by written inspection report of these violations and were instructed to correct the violation. ' The Department of Health hereby imposes a Five Hundred Dollar ($500.00) fine for this violation of law. 12. On April 27, 2006, the Department of Health conducted an inspection of the Respondents’ residential group care facility and found that Respondents failed to properly maintain the facility including but not limited to holes in doors, missing baseboards, dirty walls, cobwebs, loose ventilation vent, in violation of Rule 64E-12,005 Florida Administrative Code, See, Attachment “B”. This has been a repeated continual violation committed by the Respondents. In previous inspections conducted on March 30, 2006, March 17, 2006, and March 15, 2006, the Respondents were notified by the Department of Health by written inspection report of these violations and were instructed to correct the violation. The Department of Health hereby imposes a Five Hundred Dollar ($500.00) fine for this violation of law. , 13. On April 27, 2006, the Department of Health conducted an inspection of the Respondents’ residential group care facility and found that structure was not of sound construction by having water damage along the baseboards throughout the facility, in violation of Rule 64E-12.005 Florida Administrative Code. See, Attachment “B”. This has been a repeated continual violation committed by the Respondents. In previous inspections conducted on March 30, 2006, the Respondents were notified by the Department of Health by written inspection report of these violations and were instructed Jun 12 06 10:10a Department of isan 2393382745 p.8 to correct the violation. The Department of Health hereby imposes a Two Hundred Fifty Dollar ($250.00) fine for this violation of law. 14. On. April 27, 2006, the Department of Health conducted an inspection of the Respondents’ residential group care facility and found that Respondents failed to keep the facility in a clean and: sanitary manner, the inspection revealed feces on the walls, blood on walls, and dirty carpeting, in violation of Rule 64E-12.005 Florida Administrative Code. See, Attachment “B”. This has been a repeated continual violation committed by the Respondents. In previous inspections conducted on March 30, 2006, March 17, 2006, and March 15, 2006, the Respondents were notified by the Department of Health by written inspection report of these violations and were instructed to correct the violation. The Department of Health hereby imposes a Five Hundred Dollar ($500.00) fine for this violation of law. 15. On April 27, 2006, the Department of Health conducted an inspection of the Respondents’ residential group care facility and found that Respondents failed to keep the facility free of vermin, the inspection revealed evidence of roaches and mice, in violation of Rule 64E-12.006 Florida Administrative Code. See, Attachment “B”. This has been a repeated continual violation committed by the Respondents. In previous inspections conducted on March 30, 2006, March 17, 2006, and March 15, 2006, the Respondents were notified by the Department of Health by written inspection report of . these violations and were instructed io correct the violation. The Department of Health hereby imposes a Five Hundred Dollar ($500.00) fine for this violation of law. 16. On April 27, 2006, the Department of Health conducted an inspection of the Respondents’ residential group care facility and found that Respondents maintained the hot water at a temperature in excess of 120 degrees Farenheit, in violation of Rule 64E-12.003(3) Florida Administrative Code. See, Attachment “B”. This has been a repeated’ continual violation commitied by the Respondents. In previous inspections conducted on March 30, 2006, March 17, 2006, and March 15, 2006, the Respondents Jun 12 06 10:10a Department of Pealth ens82746 p.o were notified by the Department of Health by written inspection report of these violations and were instructed to correct the viclation. The Department of Health hereby imposes a Five Hundred Dollar ($500.00) fine for this violation of law. Request for Relief Wherefore, the Department of Health hereby imposes a total fine to date in the amount of Five Thousand Two Hundred Fifty Dollars ($5,250.00) for all violations of law as stated above. If the violations are not corrected on or before 15 days of receipt of this administrative complaint, the Petitioner, Department of Health, requests that this tribunal impose additional administrative fines on the Respondent in the respective amounts per day for each of the separate violations listed in this complaint continuing to exist from the date of receipt of this complaint until the date the Respondent corrects each of the respective violations listed. ‘The Total Fine imposed herein, to date, being Five Thousand Two Hundred Fifty Dollars ($5,250.00), or the cumulative daily amount if the corrections are not timely made as set forth herein, due and payable within 21 days of receipt of this Complaint to the Lee County Health Department, Atm: Jim Love, Environmental Health Administrator, 3920 Michigan Avenue, Fort Myers, Florida, 33916. dun 12 06 10:10a Department of pea 2393382745 p.10 Done this 18th day of May 2006 by the Department of Health, Lee County Health Department. STATE OF FLORIDA DEPARTMENT OF HEALTH SUSAN MASTIN SCOTT Florida Bar #0000736 Chief Legal Counsel ’ 2295 Victoria Avenue, Room 206 . Fort Myers, Florida 33901 (239) 338-2743 (239) 338-2745 facsimile CERTIFICATE OF SERVICE Thereby certify that the Administrative Complaint herein was furnished to: Peter Kramer, 2339 Hoople Street, Fort Myers, Florida 33901, via DHL # 8871057414 and Jeffrey Slavin, 23261 Wendover Drive, Cleveland, OH 44122 via DHL #8871059573 this 18th day of May, 2006. Susan Mastin Scott NOTICE OF RIGHTS TO APPEAL A party whose substantial interest is affected by this order may petition for an administrative hearing pursuant to sections 120.569 and 120.57, Fla. Stat. Such proceedings are governed. by Rule 28-106, Florida Administrative Code, A petition for administrative hearing must be in writing and must be received by the Agency Clerk for the Department, within twenty-one (21) days from the receipt of this order. The address of the Agency Clerk is 4052 Bald Cypress Way, BIN # A02, Tallahassee FL 32399-1703. The Agency Clerk’s facsimile number is 850-410-1448, Mediation is not available as an alternative remedy. Your failure to submit petition for hearing within 21 days from receipt of this order will constitute a waiver of your right to an administrative hearing, and this order shall become a “final order.” Should this order become a final order, a party who is adversely affected by it is entitled to judicial review pursuant to section 120,68, Fla. Stat. Review proceedings are Jun 12 08 10:11a Department of Heath . PAGER AS p11 governed by the Florida Rules of Appellate Procedure. Such proceedings may be commenced by filing one copy of a Notice of Appeal with the Agency Clerk of the Department of Health and a second copy, accompanied by the filing fees required by law, with the Court of Appeal in the appropriate District Court. The notice must be filed within 30 days of rendition of the final order. eo aan Jun 12 06 10:11a Department een a COUNTY HEAT DEPARTMENT - = PURPOSE: . = wces wtmmrmy | gODSVICE it 7 CONSTRUCT. - 2 CHANGE OF OWNER . ee : m= COMPLAINT «=. =): CONSULTATION jp) i 7 / mt 3 OASURVEY > OTHER: eHinvey Legs mc OTHER oo, = m4 Satisfactory f-- = .|== Incomplete - = Unsatisfactory Cérrect Violations by = Next Inspection . : . ‘ OTHER FACILITIES [oe 15, Treaparintian offoed + "+ C= 28, Installntion und location - ANDOPERATIONS . . |ROOD PROTECTION, —. » . cx¥'16.PolencuvToxiomsterials - BER 29, Clennllocss of equipment 9 29, Other factiiiea nnd operations . [5 2, Store¢tomperstore: _ “PERSONNEL +) 05° 5 .' ' 2) 30. Methods of washing TEMPORARY FOOD. ; ¢* JO.3. No fiber enoking/Rapld cooliig » = 17, Exolusion of personnel SANITARY FACILITIES . - SERVICE EVENTS “fo 4.Thowing 9. - = 18, Cleanfiness AND CONTROLS .- 9. 23 4.Tempomry food service events |. S.Raw frei + .1 ET 19. Tobarco une, oe . £2 31, Water mpply / -VENDINGMACHINES — c= 6, Pork cooking , (22) 20,Handwashing * = 32, len 7 41. Vending machines 7, Poulty cooking . oo 21. Heading of dishware * 7, 34, Sewage . MANAGER CERTIFICATION = 4. Other animal canking ‘. EQUIPMENTVOTENSILS . WB Plumbing «=, 42, Manger certification 5 9 LeatteontncyRebeating © . MMB 22, Refsigeration facilides/Toormometers’ 1 35, Tollot follies CERTIFICATES ANB FERS ° I=310, Food comatnsr \ a 93, Sinks: ; 7 46. Handwushing cilities = 43. Certificates and faes : 11. Buffet requirements * 2 MMB 24, Tee stornge/Counter-pratector “To 37, Garbage disposal INSPECTION/ENFORCEMENT ‘- | ~*{ {9 12. Sol@seryice condiments . [awn 25, Ventilation/Stomge/Sufficlent equipmant CO 38, Vermin conrel ‘ ma 44, fnspection/Enforcement JOBS, Reservice of food WWE 26. 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PURPCOGE: RESIDENTIAL GROUP CARE 9m ICFDD Ren anti @ uiesrucion | INSPECTION REPORT : tp ORea . ta FR Cc oe sts, TAS UTANRIE OF PYAR 7 ee EL INT mes CONSUL ATION @m RIF to na cirver Co CP RMaLAny ¥ ‘ome L. @& ResGp Scum pruning | ergy, oo . . ‘ wami or racierry Ladesstaect Manor anpiess 6337 Hoople, Sfreat erry EE. MV : OWNER ory nc. ap AS9GOl FERS ON INCHARGE Pieher Vvamer PRONE Satisfactory facomplere * Unsutinfietiry: Cnnrect Vintatians by cot Nest Inepection See HSH isto Lasue HH _, PATE ff [ FERMerNOMEER | ORS NPE ara] ‘O1Dj4l gle 4.0 0p. 3.12100 eee Penman 212-124, DTI 54 7 t Le wmpman inact Tie ur sentian FSR A95 of che Plarida Guanes (ASG, thts forms wil seve as a'“Nuttee of Non-Compliance” far any violavians norad. Teamr marked i thie: Yatdremens of Chaprer 046-14 of the Plarida dderintstranive Ceide (MC) and must be corrected withht the me pertod Indicated in the Revults sectinndhave ! 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