STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND. . 4 4 PROFESSIONAL REGULATION Petitioner, vs. : License No. 6800332 SABAL TRACE GOLF & COUNTRY CLUB License Type 2010 Respondent. Case No. 2009006894 / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against SABAL TRACE GOLF & COUNTRY CLUB, (“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 5456 GREENWOOD AVE, NORTHPORT, FLORIDA 34287.The mailing address of record is SABAL TRACE GOLF & COUNTRY CLUB, at 5456 GREENWOOD AVE, NORTHPORT, FLORIDA 34287. 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; 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 February 10, 2009 ) if ae Claudia. Fields, Deputy District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attorney Florida Bar No. 0153831 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9849 9956 5690 7160 3901 9849 9956 5030 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this, day of , 2009. Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2009006694 File Number: 179113 District Number: 07 License Number: 6800332 2010 Form revised 07.07.07 SABAL TRACE GOLF & COUNTRY CLUB Exhibit A License Number: 6800332 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2009006694 “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 Safety 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. Itis alleged that on October 23, 2008, December 29, 2008 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. * 4.02-13-2 3-603.11FC CONSUMPTION OF ANIMAL FOODS THAT ARE RAW, UNDERCOOKED, OR NOT OTHERWISE PROCESSED TO ELIMINATE PATHOGENS. (A) EXCEPT AS SPECIFIED IN PARAGRAPH 3-401.11(C) AND SUBPARAGRAPH 3-401.11(D)(3) AND UNDER PARAGRAPH 3-801.11(C), IF AN ANIMAL FOOD SUCH AS BEEF, EGGS, FISH, LAMB, MILK, PORK, POULTRY, OR SHELLFISH IS SERVED OR SOLD RAW, UNDERCOOKED, OR WITHOUT OTHERWISE BEING PROCESSED TO ELIMINATE PATHOGENS, EITHER IN READY-TO-EAT FORM OR AS AN INGREDIENT IN ANOTHER READY-TO-EAT FOOD, THE PERMIT HOLDER SHALL INFORM CONSUMERS OF THE SIGNIFICANTLY INCREASED RISK OF CONSUMING SUCH FOODS BY WAY OF A DISCLOSURE AND REMINDER, AS SPECIFIED IN PARAGRAPHS (B) AND (C) OF THIS SECTION, USING BROCHURES, DEL! CASE OR MENU ADVISORIES, LABEL STATEMENTS, TABLE TENTS, PLACARDS, OR OTHER EFFECTIVE WRITTEN MEANS. (B) DISCLOSURE SHALL INCLUDE: (1) A DESCRIPTION OF THE ANIMAL-DERIVED FOODS, SUCH AS “OYSTERS ON THE HALF SHELL (RAW OYSTERS),”" “"RAW-EGG CAESAR SALAD," AND "HAMBURGERS (CAN BE COOKED TO ORDER); OR (2) IDENTIFICATION OF THE ANIMAL- DERIVED FOODS BY ASTERISKING THEM TO A FOOTNOTE THAT STATES THAT THE ITEMS ARE SERVED RAW OR UNDERCOOKED, OR CONTAIN (OR MAY CONTAIN) RAW OR UNDERCOOKED INGREDIENTS. (C) REMINDER SHALL INCLUDE ASTERISKING THE ANIMAL-DERIVED FOODS REQUIRING DISCLOSURE TO A FOOTNOTE THAT STATES: (1) REGARDING THE SAFETY OF THESE ITEMS, WRITTEN INFORMATION IS AVAILABLE UPON REQUEST; (2) CONSUMING RAW OR : UNDERCOOKED MEATS, POULTRY, SEAFOOD, SHELLFISH, OR EGGS MAY INCREASE YOUR RISK OF FOODBORNE ILLNESS; OR (3) CONSUMING RAW OR UNDERCOOKED MEATS, POULTRY, SEAFOOD, SHELLFISH, OR EGGS MAY INCREASE YOUR RISK OF FOODBORNE ILLNESS, ESPECIALLY IF YOU HAVE CERTAIN MEDICAL CONDITIONS." REQUIRED CONSUMER ADVISORY FOR RAW/UNDERCOOKED ANIMAL FOOD NOT PROVIDED. CORRECTED ON SITE. ON CALLBACK OBSERVED NO CONSUMER ADVISORY AT INTERIOR BAR OR EXTERIOR SNACKBAR/RAW HAMBURGERS , BRATS COOKED. . Case Number: 2009006694 File Number: 179113 District Number: 07 License Number: 6800332 2010 Form revised 07.07.07 SABAL TRACE GOLF & COUNTRY CLUB * 2.05-10-1 2-103.11(E), (F) AND (G) FC:: PERSON IN CHARGE. THE PERSON IN CHARGE SHALL ENSURE THAT: (E) EMPLOYEES’ ARE VISIBLY OBSERVING FOODS AS THEY ARE RECEIVED TO DETERMINE THAT THEY ARE FROM APPROVED SOURCES, DELIVERED AT THE REQUIRED TEMPERATURES, PROTECTED FROM CONTAMINATION, UNADULTERATED, AND ACCURATELY PRESENTED, BY ROUTINELY MONITORING THE EMPLOYEES’ OBSERVATIONS AND PERIODICALLY EVALUATING FOODS UPON THEIR RECEIPT; (F) EMPLOYEES’ ARE PROPERLY COOKING POTENTIALLY HAZARDOUS FOOD, BEING PARTICULARLY CAREFUL IN COOKING THOSE FOODS KNOWN TO CAUSE SEVERE FOODBORNE ILLNESS AND DEATH, SUCH AS EGGS AND COMMINUTED MEATS, THROUGH DAILY OVERSIGHT OF THE EMPLOYEES’ ROUTINE MONITORING OF THE COOKING TEMPERATURES USING APPROPRIATE TEMPERATURE MEASURING DEVICES PROPERLY SCALED AND CALIBRATED AS SPECIFIED UNDER SECTION 4-203.11 AND PARAGRAPH 4-602.11(B), (G) EMPLOYEES’ ARE USING PROPER METHODS TO RAPIDLY COOL POTENTIALLY HAZARDOUS FOODS THAT ARE NOT HELD HOT OR ARE NOT FOR CONSUMPTION WITHIN 4 HOURS, THROUGH DAILY OVERSIGHT OF THE EMPLOYEES’ ROUTINE MONITORING OF FOOD TEMPERATURES DURING COOLING. PROBE-TYPE THERMOMETER NOT USED TO ENSURE PROPER FOOD TEMPERATURES. HOTDOGS NOT TEMPED/BAR AREA-MICROWAVE . NO THERMOMETERS ON SITEJON CALLBACK OBSERVED RA HAMBURGERS COOKED ON GRILL WITH NO PROBE THERMOMETERS AVAILABLE FOR TEMPERATURE CHECKS. * 3. 08A-28-1 3-305.11 FC:: FOOD STORAGE. (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (B) AND (C) OF THIS SECTION, FOOD SHALL BE PROTECTED FROM CONTAMINATION BY STORING THE FOOD: (1) INA CLEAN, DRY LOCATION; (2) WHERE IT IS NOT EXPOSED TO SPLASH, DUST, OR OTHER CONTAMINATION; AND (3) AT LEAST 6 INCHES ABOVE THE FLOOR. (B) FOOD IN PACKAGES AND WORKING CONTAINERS MAY BE STORED LESS THAN 6 INCHES ABOVE THE FLOOR ON CASE LOT HANDLING EQUIPMENT AS SPECIFIED UNDER SECTION 4-204.122. (C) PRESSURIZED BEVERAGE CONTAINERS, CASED FOOD IN WATERPROOF CONTAINERS SUCH AS BOTTLES OR CANS, AND MILK CONTAINERS IN PLASTIC CRATES MAY BE STORED ON A FLOOR THAT IS CLEAN AND NOT EXPOSED TO FLOOR MOISTURE. OBSERVED FOOD STORED ON FLOOR.DRINKS/LOWER STORAGE ROOM/ON CALLBACK OBSERVED SAMEIPLASTIC SODA DRINKS STORED ON CONCRETE FLOOR. 4. 13-03-1 2-402.11 FC:, EFFECTIVENESS. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SECTION, FOOD EMPLOYEES' SHALL WEAR HAIR RESTRAINTS SUCH AS HATS, HAIR COVERINGS OR NETS, BEARD RESTRAINTS, AND CLOTHING THAT COVERS BODY HAIR, THAT ARE DESIGNED AND WORN TO EFFECTIVELY KEEP THEIR HAIR FROM CONTACTING EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS, AND UNWRAPPED SINGLE- SERVICE AND SINGLE-USE ARTICLES. (B) THIS SECTION DOES NOT APPLY TO FOOD EMPLOYEES’ SUCH AS COUNTER STAFF WHO ONLY SERVE BEVERAGES AND WRAPPED OR PACKAGED FOODS, HOSTESSES, AND WAIT STAFF IF THEY PRESENT A MINIMAL RISK OF CONTAMINATING EXPOSED FOOD, CLEAN EQUIPMENT, UTENSILS, AND LINENS; AND UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES. OBSERVED EMPLOYEE WITH NO HAIR RESTRAINTJON CALLBACK OBSERVED SAME/SUSAN BELCHER/INTERIOR BAR AND EVELYN PLANT/EXTERIOR BAR WORKING WITH FOODS WITH NO HAIR RESTRAINTS. Case Number: 2009006694 File Number: 179113 District Number: 07 License Number: 6800332 2010 Form revised 07.07.07 SABAL TRACE GOLF & COUNTRY CLUB * SA. 53B-04-1 61C-4.023(4)(B) FAC: (B) PUBLIC FOOD SERVICE EMPLOYEES MUST RECEIVE TRAINING WHICH RELATES TO THEIR ASSIGNED DUTIES. EMPLOYEES WHO PREPARE FOODS MUST BE KNOWLEDGEABLE ABOUT SAFE METHODS OF THAWING, COOKING, COOLING, HANDLING, HOLDING AND STORING FOODS. SERVICE PERSONNEL MUST BE KNOWLEDGEABLE ABOUT SAFE METHODS OF SERVING FOOD. EMPLOYEES WHO CLEAN EQUIPMENT AND FACILITIES MUST BE KNOWLEDGEABLE ABOUT PROPER CLEANING AND SANITIZATION METHODS. EMPLOYEES RESPONSIBLE FOR MAINTAINING THE PREMISES MUST BE KNOWLEDGEABLE ABOUT PROPER VERMIN CONTROL METHODS AS SPECIFIED IN THE FOOD CODE. EMPLOYEES HAVE NOT RECEIVED TRAINING RELATED TO THEIR ASSIGNED DUTIES. ON INSPECTION, OBSERVED PRO-SHOP EMPLOYEES OPERATING BAR AREA. KITCHEN CURRENTLY IN DISREPAIR AND NOT UTILIZED. ON CALLBACK OBSERVED EVELYN PLANT/EXTERIOR SNACKBAR AND SUSAN BELCHER/INTERIOR BAR SERVING FOODS WITH NO EMPLOYEE TRAINING PROOF. * 5B. 53B-08-1 509.049 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. IT 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 A 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. NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED. 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. ON CALLBACK NO EVIDENCE PRESENT RE ANY EMPLOYEE TRAINING. CHERYL KNAPP , OFFICE MANAGER, STATES SHE CALLED SAFESTAFF RE EMPLOYEE TRAINING BOOKLETS. HOWEVER NO ORDER HAS BEEN PLACED AS OF CALLBACK DATE, PER CHERYL KNAPP. : Case Number: 2009006694 File Number: 179113 District Number: 07 License Number: 6800332 2010 Form revised 07.07.07 SABAL TRACE GOLF & COUNTRY CLUB

Docket for Case No: 09-004336