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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs LATCHMAN'S SEAFOOD MARKET AND GRILL, INC., D/B/A LATCHMAN'S SEAFOOD MARKET AND GRILL, INC., 15-007347 (2015)

Court: Division of Administrative Hearings, Florida Number: 15-007347 Visitors: 11
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: LATCHMAN'S SEAFOOD MARKET AND GRILL, INC., D/B/A LATCHMAN'S SEAFOOD MARKET AND GRILL, INC.
Judges: ROBERT L. KILBRIDE
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: Dec. 29, 2015
Status: Closed
Recommended Order on Thursday, May 5, 2016.

Latest Update: Jun. 08, 2016
Summary: Whether Respondent committed the violations alleged in the administrative complaints dated July 8, 2015, and September 30, 2015; and, if so, what disciplinary action should be taken against Respondent.Petitioner proved by clear and convincing evidence that an administrative penalty of $2,150.00 and recoupment of investigative costs were warranted for health and safety violations found at the Respondent's restaurant.
StatementViewer


FILED

Departmen t of S.Usines.s and Professiona l Regulatio

Dep uty Agenc y Clerk

CLERK

Date

File#

Brandon Nichols

6/7/2016

2016-04304

STATE OF FLORIDA

DEPARTMENT OF BUSINESS .ND PROFESSIONAL REGULATI< DIVISION OF HOTELS AND RESTAURANTS


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


Petitioner,


v.


DOAH CASE NO.: 15-7347 H&R CASE NO.: 2015-042510 LICENSE NO.: 1622240

LICENSE TYPE.: 2010

FILE NUMBER: 273367


LATCHMANS SEAFOOD MARKET & GRILL INC d/b/a LATCHMAN'S SEAFOOD MARKET & GRILL INC,


Respondent .

                                                                              !


FINAL ORDER


The Director,

Division

of Hotels

and Restaurants,


Department of

Business and

Professional

Regulation (the


Division), after consideration of the complete record of this case on file with the Division, enters this Final Order.

  1. on September 30, 2015, the Department issued an


    Administrative Complaint, a copy of which is attached as Exhibit


    "1".


  2. On March 10, 2016, a hearing in this cause was held before the Honorable Robert L. Kilbride, Administrative Law Judge, Division of Administrative Hearings.


    1


    Filed June 8, 2016 8:00 AM Division of Administrative Hearings

  3. On May 5, 2016, Honorable Robert L. Kilbride issued a Recommended Order, a copy of which is attached as Exhibit "2". The Statement of the Issues, Preliminary Statement, Findings of Fact, Conclusions of Law, and Recommendation contained in the Recommended Order are hereby adopted in toto and incorporated herein by reference.

Based upon the foregoing, and being otherwise fully advised in the premises it is, hereby ORDERED that: for Respondent's violations of Section 509, Florida Statutes, and/or the rules promulgated thereto the following penalty is imposed:

  1. Respondent shall pay a fine in the amount of


    $1,650.00, due and payable to the Division of Hotels and

    (

    Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011, within thirty (30) calendar days of the date this Order is filed with the Agency Clerk.

  2. This Final Order shall become effective on the date of filing with the Agency Clerk.

DONE AND ORDERED this 3,J day of_J -------' 2016.


Rick Akin, Director Department of Business and

Professional Regulation Division of Hotels and Restaurants 1940 North Monroe Street Tallahassee, Florida 32399-1015


2

CERTIFICATE OF SERVICE


I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via Certified U.S. Mail to Latchman's Seafood Market and Grill, Inc., c/o Ricardo Latchman,

117 North State Road 7, Plantation, Florida 33317; by regular

.ER_rth

U.S. Mail to the Honorable Robert L. Kilbride, Administrative Law Judge, Division of Administrative Hearings, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060; and by hand delivery to Marc Drexler, Chief Attorney, Division of Hotels and Restaurants, Department of Business and Professional Regulations, 1940 Monroe Street, Tallahassee, Florida

32399-2202, this- -- day of       f'\ ,2016.

   3'. '

For trre sion ·•ol

and Restaurants


NOTICE OF RIGHT TO JUDICIAL REVIEW


A party who is adversely affected by this Final Order is entitled to judicial review pursuant to Section 120. 68, Florida Statutes. Review proceedings are governed by Rules 9.110 and 9.190, Florida Rules of Appellate Procedure. Such proceedings are commenced by filing one copy of a Notice of Appeal with the Department of Business and Professional Regulation, Attn: Ronda L. Bryan, Agency Clerk, 1940 North Monroe Street, Suite 92, Tallahassee, Florida 32399-2203 and a second copy, accompanied by the filing fees prescribed by law, with the District Court of Appeal, First District, or with the District Court of Appeal in the Florida Appellate District where the party resides. The Notice of Appeal must be filed within thirty (30) days of rendition of the order to be reviewed.


3


Docket for Case No: 15-007347
Issue Date Proceedings
Jun. 08, 2016 Agency Final Order filed.
May 05, 2016 Recommended Order (hearing held March 10, 2016). CASE CLOSED.
May 05, 2016 Recommended Order cover letter identifying the hearing record referred to the Agency.
Apr. 18, 2016 Petitioner's Proposed Recommended Order filed.
Apr. 08, 2016 Transcript of Proceedings (not available for viewing) filed.
Mar. 10, 2016 CASE STATUS: Hearing Held.
Mar. 02, 2016 Letter to Judge Kilbride from Charles Dewrell enclosing Petitioner's Exhibits filed (exhibits numbered 1-7; not available for viewing).
Mar. 02, 2016 Petitioner's Witness List filed.
Mar. 02, 2016 Petitioner's Exhibit List filed.
Mar. 02, 2016 Transmittal Letter filed.
Jan. 08, 2016 Order of Pre-hearing Instructions.
Jan. 08, 2016 Notice of Hearing by Video Teleconference (hearing set for March 10, 2016; 9:30 a.m.; Lauderdale Lakes and Tallahassee, FL).
Jan. 06, 2016 Corrected Response to Initial Order filed.
Jan. 06, 2016 Response to Initial Order filed.
Jan. 06, 2016 Order of Consolidation (DOAH Case Nos. 15-7347, 15-7350).
Dec. 30, 2015 Initial Order.
Dec. 29, 2015 Administrative Complaint filed.
Dec. 29, 2015 Election of Rights filed.
Dec. 29, 2015 Agency referral filed.

Orders for Case No: 15-007347
Issue Date Document Summary
Jun. 07, 2016 Agency Final Order
Jun. 07, 2016 Agency Final Order
May 05, 2016 Recommended Order Petitioner proved by clear and convincing evidence that an administrative penalty of $2,150.00 and recoupment of investigative costs were warranted for health and safety violations found at the Respondent's restaurant.
Source:  Florida - Division of Administrative Hearings

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