Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: DEE DEE, INC., D/B/A JULIA'S MIDTOWN CAFE
Judges: DIANE CLEAVINGER
Agency: Department of Business and Professional Regulation
Locations: Gainesville, Florida
Filed: Jul. 06, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, September 18, 2015.
Latest Update: Mar. 04, 2025
State of Florida
Department of Business and Professional Regulation
Division of Hotels and Restaurants
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
“s Case Number: 2015019843
DEE DEE INC ricense Number: 2001 260
dib/a JULIA'S MIDTOWN CAFE, Clots pee: 20
Respondent. tie Number:
/
Administrative Complaint
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (“Petitioner”), files this Administrative Complaint against DEE DEE INC d/b/a JULIA'S
MIDTOWN CAFE, (“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 ail 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 190 S LAWRENCE
‘BLVD, KEYSTONE HEIGHTS, FLORIDA 32656.The mailing address of record is DEE DEE INC d/b/a
JULIA'S MIDTOWN CAFE at 190 S LAWRENCE BLVD, KEYSTONE HEIGHTS, FLORIDA 32656.
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.
Coty LU Jick
Cathy H. Tuckér, District Manager
By delegation of the Director, or designee
Division of Hotels & Restaurants :
Department of Business & Professional Regulation
Signed May 04, 2015
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: 9414 7266 9904 2011 8114 89
| HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been
hand served by me on this. day of , 2015.
Received by:
Inspector's Signature Operator's Signature
Title Title
Case Number: 2015019843 — File Number: 250902 District Number: 05
License Number: 2001260 2010 Form revised 01.01.13
JULIA'S MIDTOWN CAFE
Exhibit A
License Number: 2001260
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2015019843
itis alleged that on February 17, 2015, April 21, 2015 Respondent was in violation of Florida Statute 509 (FS);
the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC); and/or specific
provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug
Administration, as incorporated by Chapter 61C, 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.
** denotes a high priority violation.
* denotes an intermediate priority violation.
* 1.51-16-4 61C-1.002(5)(c)(1) FAC: (1) Intermediate: The operator of each public food service
establishment to be newly constructed, remodeled, converted, or reopened after being out of business more
than 12 months shall submit properly prepared facility pians and specifications to the division for review and
approval in accordance with the provisions of Chapter 509, F.S. and Rule Chapters 61C-1 and 61C-4, F.A.C.
Such plans must be approved by the division as meeting the sanitation and safety requirements provided in law
prior to scheduling of an opening inspection and licensing. For remodeling, plan review submittal is not required
if the division can otherwise determine that the intended remodeling will not have an impact on any sanitation
and safety requirements provided in taw or rule. Plan review is not required for applications for change of
ownership when no interruption in operation or no change to the establishment occurs. Plan reviews for
additional theme park units are not required if such units have been previously reviewed and approved and have
no modifications from the-originally approved model.
Observed no plan review submitted and approved - renovations were made or are in progress. Owner
remodeled the front counter area of the establishment, rearranging the reach-in coolers and hand wash
’ sink. -At the callback conducted on 4-21-15, no plan review has been submitted.
* 2a, 53A-03-5 61C-4.023(1) FAC . Intermediate: All managers who are responsible for the storage,
preparation, display, and 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 by the division. 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.
On February 17, 2015 a final order callback inspection was conducted for case number 2014051726.
Observed food manager certification is expired. Repeat violation. (Immediate administrative complaint
recommended due to non-complied final order inspection). At the callback conducted on 4-21-14,
certification is still expired. . :
* 2b. 53A-07-4 61C-4.023(1)FAC&2-102.12(A)FC: Intermediate: All managers who are responsible for the
storage, preparation, display, and 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 by the division. 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. A current list of
certified food protection managers shail be available upon request in each establishment. 2-102.12 (A) FC At
least one employee that has supervisory and management responsibility and the authority to direct and control
food preparation and service shall be a certified food protection manager who has shown proficiency of required
information through passing a test that is part of an accredited program.
On February 17, 2015 a final order callback inspection was conducted for case number 2014051726.
Observed no certified food manager for establishment. Repeat violation. (Immediate administrative
coniplaint recommended due to non-complied final order inspection). At the callback conducted on 4-
21-15, there is still no certified food manager for the establishment.
Case Number: 2015019843 File Number: 250902 District Number: 05
License Number: 2001260 2010 Form revised 01.01.13
JULIA'S MIDTOWN CAFE
Docket for Case No: 15-003835
Issue Date |
Proceedings |
Sep. 18, 2015 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Sep. 17, 2015 |
Joint Motion to Relinquish Jurisdiction filed.
|
Jul. 09, 2015 |
Order of Pre-hearing Instructions.
|
Jul. 09, 2015 |
Notice of Hearing (hearing set for September 29, 2015; 10:00 a.m.; Gainesville, FL).
|
Jul. 07, 2015 |
(Petitioner's) Response to Initial Order filed.
|
Jul. 06, 2015 |
Initial Order.
|
Jul. 06, 2015 |
Election of Rights filed.
|
Jul. 06, 2015 |
Administrative Complaint filed.
|
Jul. 06, 2015 |
Agency referral filed.
|