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State of Florida

Department of Business and Professional Regulation Division of Hotels and Restaurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Petrt1oner,

vs

FOCACCIAVILLAGE

Respondent

--------·'

License Number 2323151 License Type 201O

Case Number 2010018403

Administrative Complaint

The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND

RESTAURANTS, ("PetItIoner"), files this Adm1n1strative Complaint against FOCACCIA VILLAGE. ("Respondent"), and says

1. Pet1tIoner 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 JUrisd1clion of the DIvis1on of Hotels and Restaurants The respondent's business address of record 1s 9808 SW 77 AVE, MIAMI, FLORIDA 33156 The ma1hng address of record Is FOCACCIA VILLAGE, at 9808 SW 77 AVE, MIAMI, FLORIDA 33156

3. Inspection of this establishment conducted pursuant to Sec 509 032, Florida Statutes, revealed v1olatIons of the provIsIons of Chapter 509, Florida Statutes, and I or the rules promulgated thereto governing operation of the establishment The vIolat1on(s) found and applicable law are described 1n Exh1b1t "A," attached hereto and incorporated herein by reference Inspection documents are attached as Exh1bI1 "B", incorporated herein by reference

WHEREFORE, Pet1t1oner respectfully requests entry of an Order ImposIng one or more of th,:, following penalties admm1strat1ve fine not to exceed $1,000 per offense, suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other rehef authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto

Signed Apnl 09, 2010

Shann1e Kallas, District Manager

By delegation of the Director, or desIgnee DIvIsIon of Hotels & Restaurants

Department of Business & Professional Regulation

COUNSEL FOR THE DEPARTMENT

Marc Drexler, Lead Attorney Florida Bar No 0487058

Department of Business & Professional Regulation 1940 North Monroe Street

Tallahassee, Florida 32399-2202

Certificate of Service

BY C/5RTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9848 6922 1473

I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been

hand served by me on this     

Inspector's Signature Title

day of                                                       ,2010

Received by --c----,-...,...--, ­

Operator's Signature

Case Numb r 201001840:J f'."1le Number 225405

LlcE!nl:ie Number 2323151 2010

FOCACCIA VILLAGE

O1strIc.I Number 01

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License Number 2323151

License Type 2010 PERMANENT FOOD SERVICE

Case Number 2010016403

"FC" as cited herein references spernf1c provIsIons of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Admm1stratIon, incorporated by Chapter 61C, Florida Administrative Code "NFPA" as cited herein references specific prov1s1ons of the National Fire Protection Assoc1atIon Life Safety Code, incorporated by reference at Chapter 4A-3, "Fire Prevention, General Prov1s1ons", Florida AdmmIstratIve Code, and 61C-1 004(5), Florida Adm1n1stratIve Code

""" denotes a crincal v1olatIon

It 1s alleged that on September 2, 2009, and March 9, 2010, th,:, licensee was In v1olatIon of Florida Statute 509(FS) and/or the Rules of the DIvIsIon of Hotels and Restaurants, Florida Adm1n1stra\lve Code (FAC), In the following particulars Copy(s) of the report(s) for the above referenced 1nspectIon(s) ,;ire attached hereto and incorporated by reference as Exh1b1t B

• 1 02-22·1 3-50117(A) FC (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND HELD IN A FOOD ESTABLISHMENT FOR MORE THAN 24 HOURS SHALL BE CLEARLY MARKED TO INDICATE THE DATE OR DAY BY WHICH THE FOOD SHALL BE CONSUMED ON THE PREMISES, SOLD, OR DISCARDED, BASED ON THE TEMPERATURE AND TIME COMBINATIONS SPECIFIED BELOW (1) 41 DEGREES FAHRENHEIT OR LESS FOR A MAXIMUM OF 7 DAYS, THE DAY OF PREPARATION SHALL BE COUNTED AS DAY 1

  
  

  OBSERVED READY-T0-1:AT, POTENTIALLY HAZARDOUS FOOD PREPARED ON SITE AND HELD MORE THAN 24 HOURS NOT PROPERLY DATE MARKED. REPEAT VIOLATION.

  
  

  ' 2 03A-07-1 3·50116(A) FC (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-50119, AND EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED (1} AT 135 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401 11(B) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403 11(E) MAY BE HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE, OR (2) AT A TEMPERATURE SPECIFIED IN THE FOLLOWING (A) 41 DEGREES FAHRENHEIT OR LESS,

  
  

  OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41 DEGREES FAHRENHEIT. REPEAT VIOLATION.

  
  

  OBSERVED POTENTIALLY HAZARDOUS FOOD NOT HELD AT 135 DEGREES FAHRENHEIT OR ABOVE. REPEATVIOLATION.

  
  

• 3 08A-26·1 3-302 11(A)(1) FC (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION BY (1) SEPARATING RAW ANIMAL FOODS DURING STORAGE, PREPARATION, HOLDING, AND DISPLAY FROM (A) RAW READY-TO-EAT FOOD INCLUDING OTHER RAW ANIMAL FOOD SUCH AS FISH FOR SUSHI OR MOLLUSCAN SHELLFISH, OR OTHER RAW READY-TO-EAT FOOD SUCH AS VEGETABLES, AND (B) COOKED READY-TO-EAT FOOD,

  
  

  OBSERVED RAW ANIMAL FOOD STORED OVER READY-TO-EAT FOOD. REPEAT VIOLATION.

  
  

  C!i!Sl:I Nurnber 201□018403 F1h:! Number 225405 License Number i3:23151 20-J0

  rOCACCIA VlLLAC.5

  01str1ct Number 01

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• 4 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, PREPARAflON, DISPLAY, OR SERVING OF FOODS TO THE PUBLIC IN ESTABLISHMENTS REGULATED UNDER THIS CHAPTER THESE STANDARD$ 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 ro THE DIVISION FOR ITS REVIEW AND APPROVAL IT SHALL BE THE DUTY OF THE LICENSE:E 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 PURSUANf 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

OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED. REPEAT VIOLATION.

Case N1.1rnber 2.010018403 file Nurnbor 226405

Ueense Numbl:!r 2323151 2010 f-OCACCrA VILLAGE

D1stnct Number 01

Fonn re'h&ed 10 15 09

Docket for Case No: 11-001414