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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs NELSON BOY'Z, 13-000240 (2013)

Court: Division of Administrative Hearings, Florida Number: 13-000240 Visitors: 6
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: NELSON BOY'Z
Judges: JAMES H. PETERSON, III
Agency: Department of Business and Professional Regulation
Locations: Tallahassee, Florida
Filed: Jan. 17, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, March 18, 2013.

Latest Update: May 17, 2024
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 7550040 NELSON BOY’ 2 J License Type 2014 espon fall Case Number 2012035842 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against NELSON BOY'‘Z, ("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 2120 . CRAWFORDVILLE ROAD, CRAWFORDVILLE, FLORIDA 32327.The mailing address of record is ’ NELSON BOY'‘Z, at 1771 WAKULLA ARRAN RD, CRAWFORDVILLE, FLORIDA 32327. 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 August 20, 2012 KerNdensdill, District By delegation of the 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 32399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7196 9008 9111 0767 1058 I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hahd served by me on this. day of , 2012. i Received by: Ingpector’s Signature Operator's Signature Title Title Gase Number: 2012035842 — File Number: 28148 District Number: 06 License Number: 7550040 2014 Form revised 09.10.11 NELSON BOY'Z Exhibit A Lidense Number: 7550040 Lidense Type: 2014 MOBILE FOOD DISPENSING VEHICLE Case Number: 2012035842 "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 Code, incorporated by reference at Chapter 4A-3, “Fire Prevention, General Provisions”, Florida Administrative Code, and 61C-1,004(5), Florida Administrative Code. “denotes a critical violation. {ti is alleged that on April 8, 2011, September 28, 2011, September 28, 2011, February 22, 2012, April 27, 2012, July 5, 2012, August 9, 2012 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. “11, 47- 09- 1 2-103.11(I) FC:; PERSON IN CHARGE. THE PERSON IN CHARGE SHALL ENSURE THAT: (i) EMPLOYEES' ARE PROPERLY SANITIZING CLEANED MULTIUSE EQUIPMENT AND UTENSILS BEFORE THEY ARE REUSED, THROUGH ROUTINE MONITORING OF SOLUTION TEMPERATURE AND EXPOSURE TIME FOR HOT WATER SANITIZING, AND CHEMICAL CONCENTRATION, PH, TEMPERATURE, AND EXPOSURE TIME FOR CHEMICAL SANITIZING; OBSERVED LACK OF USE OF CHEMICAL TEST KIT WHEN USING CHEMICAL SANITIZER AT THREE COMPARTMENT SINK / WAREWASHING MACHINE. * 2, 53B-08-1 609.049 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, PREPARATION, DISPLAY, OR SERVING OF FOODS TO THE PUBLIC IN ESTABLISHMENTS REGULATED UNDER THIS CHAPTER. THESE STANDARDS 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 TO THE DIVISION FOR ITS . REVIEW AND APPROVAL. !T SHALL BE THE DUTY OF THE LICENSEE 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 ACERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE LICENSEE, FOOD SERVICE EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT 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. ALL PUBLIC FOOD SERVICE ESTABLISHMENTS MUST PROVIDE THE DIVISION WITH PROOF OF EMPLOYEE TRAINING UPON REQUEST, INCLUDING, BUT NOT LIMITED TO, AT THE TIME OF ANY DIVISION INSPECTION OF THE ESTABLISHMENT. ‘ OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED. REPEAT VIOLATION (04/08/11; 09/25/11) Case Number: 2012035842 File Number: 28148 District Number: 06 License Number: 7550040 2014 Form revised 09.10.11 NELSON BOY'Z

Docket for Case No: 13-000240
Issue Date Proceedings
Apr. 05, 2013 Petitioner's Motion to Re-open File and Re-set Hearing filed. (DOAH CASE NO. 13-0240 ESTABLISHED)
Mar. 26, 2013 Undeliverable envelope returned from the Post Office.
Mar. 20, 2013 Transmittal letter from Claudia Llado forwarding Petitioner's Proposed Exhibits numbered 1-8, to the agency.
Mar. 18, 2013 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Mar. 18, 2013 CASE STATUS: Hearing Held.
Mar. 18, 2013 Joint Motion to Relinquish Jurisdiction filed.
Mar. 12, 2013 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Mar. 11, 2013 Petitioner's Witness List filed.
Mar. 11, 2013 Petitioner's (Proposed) Exhibit List filed.
Mar. 11, 2013 Transmittal Letter filed.
Jan. 31, 2013 Order of Pre-hearing Instructions.
Jan. 31, 2013 Notice of Hearing (hearing set for March 18, 2013; 10:00 a.m.; Tallahassee, FL).
Jan. 24, 2013 Response to Initial Order filed.
Jan. 18, 2013 Initial Order.
Jan. 17, 2013 Election of Rights filed.
Jan. 17, 2013 Administrative Complaint filed.
Jan. 17, 2013 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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