Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: SUBWAY NO. 4632
Judges: R. BRUCE MCKIBBEN
Agency: Department of Business and Professional Regulation
Locations: St. Petersburg, Florida
Filed: May 10, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, July 1, 2010.
Latest Update: Dec. 26, 2024
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State of Florida
Department of Business and Professional Regulation
Division of Hotels and Restaurants
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Petitioner,
ve.
License Number, 6210868
SUBWAY #4682 dent Licanse Type 2010
spon fal . Case Number 2009036183
Administrative Complaint
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, ("Petitioner’), files this Administrative Complaint against SUBWAY #4632, ("Respondent’},
and says: .
4. 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 11111 PARK BLVD,
SEMINOLE, FLORIDA 337724751, The mailing address of record is SUBWAY #4632, at 11115 PARK
BLVD, SEMINOLE, FLORIDA 33772-4751.
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 of more of the following
penalties: -administrative fine not to exceed $1,000 per offense; mandatory atiendance at Respondent's
expense at an educational program sponsored by the Department's Hospitality Education Program,
suspension, revocation, of refusal of a license issued pursuant to this Chapter, and/or any other relief
authorized by Chapter 509, Florida Statutes, or the mu millgated theret;
Signed July 09, 2009
Zz,
By delegation of thé 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 32399-1007
7ibO 3303 9a4S 8837 5584
Certificate of Service erat a 5
BY CERTIFIED U.S. MAIL, ARTIGLE NUMBER: D. LSLENS,
THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been
hand served by me on this, day of , 2009,
Recelved by:
inspector's Signature Operator's Signature,
Title Title
Cage Number: 2009036183 File Number: 141426 District Number, 03
Licanse Number: 6240868 2010 Form ravised 05.20.09
SUBWAY #4632
a3/@5
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Exhibit A
License Number. 6210868
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2009036183
“EC” 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 44-3, “Fire Prevention, General Provisions”, Florida
Administrative Cade, and 610-1.004(5), Florida Administrative Goce.
“" denotes a critical violation.
Itis alleged that on April 21, 2009, June 26, 2009 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.
4.23-06-1 4-B01.11(C) FO: (C) NONFOOD-CONTACT SURFACES OF EQUIPMENT SHALL BE KEPT
FREE OF AN ACCUMULATION OF DUST, DIRT, FOOD RESIDUE, AND OTHER DEBRIS.
OBSERVED BUILDUP OF FOOD DEBRIS, DUST OR DIRT ON TOPS OF BREAD CABINETS ON
SANDWICH LINE.
* 2. 59A19-1 610-4.023(1) FAC: (1) ALL MANAGERS WHO ARE RESPONSIBLE FOR THE
STORAGE, PREPARATION, DISPLAY, AND SERVING OF FOODS TO THE PUBLIC SHALL HAVE PASSED
ACERTIFICATION TEST APPROVED BY THE DIVISION DEMONSTRATING A BASIC KNOWLEDGE OF
FOOD PROTECTION PRACTICES AS ADOPTED IN THIS CHAPTER, THOSE MANAGERS WHO
SUCCESSFULLY PASS AN APPROVED CERTIFICATION EXAMINATION SHALL BE ISSUED A
CERTIFICATE BY THE CERTIFYING ORGANIZATION, WHICH IS VALID FOR A PERIOD OF FIVE YEARS
FROM THE DATE OF ISSUANCE.
MANAGER LACKING PROOF OF CURRENT FOOD MANAGER CERTIFICATION, JESSICA BLUME
CERTIFICATION PATE 3/15/04, EXPIRED 3/15/03.
Case Number: 2009036183 Fila Number: 141426 District Number: 03
License Number: 6210858 2010 Form tevised 05.20.08
SUBWAY #4632
Docket for Case No: 10-002474
Issue Date |
Proceedings |
Jul. 01, 2010 |
Order Closing File. CASE CLOSED.
|
Jun. 29, 2010 |
Notice of Voluntary Dismissal filed.
|
Jun. 01, 2010 |
Petitioner's Witness List filed.
|
Jun. 01, 2010 |
Petitioner's Exhibit List (exhibits not attached) filed.
|
May 19, 2010 |
Order of Pre-hearing Instructions.
|
May 19, 2010 |
Notice of Hearing by Video Teleconference (hearing set for July 19, 2010; 9:00 a.m.; St. Petersburg and Tallahassee, FL).
|
May 18, 2010 |
Response to Initial Order filed.
|
May 11, 2010 |
Initial Order.
|
May 10, 2010 |
Election of Rights filed.
|
May 10, 2010 |
Administrative Complaint filed.
|
May 10, 2010 |
Agency referral filed.
|