Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed vlolat1ons
of the provisions of Chapter 509, Florida Slatutes, and I 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 lnspectron documents are attached as Exh1b1t "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, suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other relier authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto.
Signed August 05, 201D
Valerie Freeman, District Manager
By delegation of the Director, or designee Division of Hotels & Restaurants
Department of Business & Professional Regulatlon
COUNSEL FOR THE DEPARTMENT:
Marc Dre:.:ler, Lead Attorney Florida Bar No. 0487058
Department of Business & Professional Regulation 1940 North Monroe Street
Tallahassee, Florida 32399-2202
Certlflca,te of Service
BY CERT/C/ED U.S. MAIL, ARTICLE NUMBER:
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
day of ,2010.
Received by: _
Operator's Signature
Tl!le Title
Cesa Number: 2010038675 FIie Number: 23&48
lcense Number: 5853048 io,,4 BOB'S CATERING #1
Dlslr1ct Number 04 Form re.ilsed 10 15.0Q
Ma 13 2011 10:20
05/13/2011 11:05 8504145749 DBPR OGA PAGE 04
Exhibit A
License Number: 5853048
License Type; 2014 MOBILE FOOD DISPENSING VEHICLE
Case Number: 2010038675
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.
ft is alleged that on October 29, 2009, July 14, 2010 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 lhe report(s) for the above referenced inspecllon(s) are attached hereto and incorporated by reference as Exhibit B.
1. 03B-03-1 J...501.16 (A)(1) FC:: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIMt IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3- 501 19, AND EXCEPT AS SPECIFIED IN PARAGRAPH (8) 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;
ON 10/29/0g, RICE WAS 122 DEGREES F. ON 7/14/10, RICE WAS 130 DEGREES F, CHICKEN WAS 113 DEGREES F, AND HAMBURGER WAS 120 DEGREES F.
2. 53A--01-2 509.039 FS AND 61C--4.023(1) FAC ALL MANAGERS EMPLOYED BY A FOOD SERVICE ESTABLISHMENT MUST HAVE PASSED [THE FOOD SERVICE MANAGER] TEST ANO RECEIVED A CERTIFICATE ATTESTING THERETO MANAGERS HAVE A PERIOD OF 30 DAYS AFTER EMPLOYMENT TO PASS THE REQUIRED TEST. ALL MANAGERS WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, ANO SERVING OF FOODS TO THE PUBLIC SHALL HAVE PASSED A CERTIFICATION 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 CERTIFIC/\TE BY THE CERTIFYING ORGANIZATION, WHICH IS VALID FOR A PERIOD OF FIVE YEARS FROM THE DATE OF ISSUANCE. ALL PUBLIC FOOD SERVICE ESTABLISHMENTS MUST PROVIDE THE DIVISION WITH PROOF OF FOOD SERVICE MANAGER CERTIFICATION UPON REQUEST ..
