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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs SUBWAY NO. 4632, 10-002474 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-002474 Visitors: 3
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
gs/ag/2Ale @g:1d 8584146749 DEPR OGA May 10 2010 14:32 PAGE 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 May 10 2010 14:32 gs/ag/2Ale @g:1d 8584146749 DEPR OGA PAGE @d/ at a5 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
Source:  Florida - Division of Administrative Hearings

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