Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: CAL'S PLACE
Judges: BARBARA J. STAROS
Agency: Department of Business and Professional Regulation
Locations: Gainesville, Florida
Filed: Mar. 21, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, May 4, 2012.
Latest Update: Jan. 05, 2025
State of Florida
Department of Business and Professional Regulation
Division of Hotels and Restaurants
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Petitioner,
vs.
1 License Number 5201357
CAL'S PLACE R dent License Type 2010
espon , . Case Number 2011027519
Administrative Complaint
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (“Petitioner”), files this Administrative Complaint against CAL'S PLACE, ("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 11007 SE 66 TERR,
BELLEVIEW, FLORIDA 34420,The mailing address of record is CAL'S PLACE, at 5562 NW 61ST CT,
OCALA, FLORIDA 344822629.
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, 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 May 31, 2011
, District Manager
By delegatio! 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 CERTIFIED U.S. MAIL, ARTICLE NUMBER: _7196 9008 9111 0476 0489
| HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been
hand served by me on this. day of , 2011.
Received by:
Inspector's Signature Operator's Signature
Title Title
Case Number: 2011027519 — File Number: 128546 District Number: 05
License Number: 5201357 2010 Form revised 02.02.14
CAL'S PLACE
Filed March 21, 2012 1:48 PM Division of Administrative Hearings
Exhibit A
License Number: 5201357
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2011027519
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 44-3, Fire Prevention, General Provisions, Florida
Administrative Code, and 61C-1,004(5), Florida Administrative Code.
* denotes a critical violation.
It is alleged that on October 22, 2010, May 24, 2011 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.
* 1.03A-07-1 3-501.16(A) FC:: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR
WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501.19,
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°F, CORNED BEEF
AT 48°F AND TURKEY AT 45°F INSIDE REACH-IN COOLER ACROSS FROM THE GRILL. REPEAT
VIOLATION.
* 2.04-01-1 4301.11 FC:: COOLING, HEATING, AND HOLDING CAPACITIES. EQUIPMENT FOR
COOLING AND HEATING FOOD, AND HOLDING COLD AND HOT FOOD, SHALL BE SUFFICIENT IN
NUMBER AND CAPACITY TO PROVIDE FOOD TEMPERATURES AS SPECIFIED UNDER CHAPTER 3.
OBSERVED COLD HOLDING EQUIPMENT INCAPABLE OF MAINTAINING POTENTIALLY HAZARDOUS
FOOD AT PROPER TEMPERATURE. REACH-IN COOLER ACROSS FROM GRILL HAS AMBIENT
TEMPERATURE OF 53 DEGREES F INSIDE. REPEAT VIOLATION.
* 3,09-04-1 3-301.11(B) FC:: (B) EXCEPT WHEN WASHING FRUITS AND VEGETABLES AS
SPECIFIED UNDER SECTION 3-302.15 OR WHEN OTHERWISE APPROVED, FOOD EMPLOYEES' MAY
NOT CONTACT EXPOSED, READY-TO-EAT FOOD WITH THEIR BARE HANDS AND SHALL USE
SUITABLE UTENSILS SUCH AS DELI TISSUE, SPATULAS, TONGS, SINGLE-USE GLOVES, OR
DISPENSING EQUIPMENT.
OBSERVED BARE HAND CONTACT OF READY-TO-EAT FOOD BY EMPLOYEES AND
ESTABLISHMENT HAS NO APPROVED ALTERNATIVE OPERATING PROCEDURE IN EFFECT. REPEAT
VIOLATION.
District: 05
License Type: 2010
File Number: 128546
* denotes critical violation
Case Number: 2011027519
License Number: 5201357
CAL'S PLACE
Docket for Case No: 12-001064
Issue Date |
Proceedings |
May 04, 2012 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
May 01, 2012 |
Notice of Voluntary Dismissal filed.
|
Apr. 23, 2012 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for May 24, 2012; 9:30 a.m.; Gainesville, FL).
|
Apr. 20, 2012 |
Letter to Judge Staros from C. Mcgill requesting for a continuance filed.
|
Apr. 06, 2012 |
Order of Pre-hearing Instructions.
|
Apr. 06, 2012 |
Notice of Hearing by Video Teleconference (hearing set for May 18, 2012; 9:30 a.m.; Gainesville and Tallahassee, FL).
|
Mar. 28, 2012 |
Response to Initial Order filed.
|
Mar. 22, 2012 |
Initial Order.
|
Mar. 21, 2012 |
Agency referral filed.
|
Mar. 21, 2012 |
Election of Rights filed.
|
Mar. 21, 2012 |
Administrative Complaint filed.
|