The Issue The issues are as follows: (a) whether Respondent violated Chapter 509, Florida Statutes, and specific provisions of the Food Code, 2001, Recommendations of the United States Public Health Service/Food and Drug Administration (Food Code), adopted by reference in Florida Administrative Code Rule 61C-1.001(14); and, if so, (b) what penalty should be imposed.
Findings Of Fact Petitioner is the state agency charged with regulating the operation of public food service establishments pursuant to Chapter 509, Florida Statutes (2010). Respondent is, and has been at all times material hereto, licensed by or subject to Petitioner's jurisdiction. Respondent has been licensed at least since October 2007. Respondent's business address is 4860 Northwest 38th Avenue, Suite C, Gainesville, Florida. "Critical violations" are violations of the Food Code that pose a significant threat to the public health, safety, or welfare, and which are identified as food-borne illness risk factors that require public health intervention. "Non-critical violations" are any other type of violation prohibited by statute or rule. After inspections on December 19, 2007, August 4, 2008, and August 6, 2008, Petitioner issued an Administrative Complaint dated September 16, 2008, in Petitioner's Case No. 2008051321 against Respondent. The complaint alleged the following violations: (a) 03A-07-1, potentially hazardous food held at greater than 41 degrees Fahrenheit; (b) 30-02-1, mop sink's vacuum breaker missing at hose bibb; (c) 36-13-1, grease accumulated under cooking equipment; (d) 37-05-1, observed walls soiled with accumulated food debris; (e) 52-01-1, misrepresentation of food or food product by advertising crab on sushi menu but using imitation crab; and (e) 53B-08-1, no proof of required employee training. On October 6, 2008, Respondent signed a Stipulation and Consent Order, agreeing to pay a fine in the amount of $1,550. in Petitioner's Case No. 2008051321. Petitioner issued a Final Order in that case on October 22, 2008. The record does not indicate whether Respondent ever paid the administrative fine. Daniel Fulton is Petitioner's Senior Inspector. Mr. Fulton performed inspections of Respondent's business on January 22, 2009, April 3, 2009, August 12, 2009, and August 17, 2009. These inspections resulted in the issuance of the Administrative Complaint at issue in DOAH Case No. 10-2427. Julianne Browning is Petitioner's Senior Sanitation and Safety Specialist. Ms. Browning performed inspections of Respondent's business on February 15, 2010 and April 19, 2010. These inspections resulted in the issuance of the Administrative Complaint at issue in DOAH Case No. 10-3294. On January 22, 2009, Mr. Fulton performed an unscheduled inspection of Respondent's restaurant. During the inspection, Mr. Fulton observed the following critical violations: (a) 03A-07-1, potentially hazardous cold food held at greater than 41 degrees Fahrenheit, including but not limited to, noodles on cook line at 51 degrees Fahrenheit; (b) 31-09-1, hand sink in preparation area not accessible for employee use at all times; (c) 35A-03-1 and 35A-05-1, dead and live roaches on premises in several locations; (d) 06-04-1, thawing potentially hazardous foods improperly because water was not running; (e) 22-20-1, food contact surfaces not sanitized because interior of ice maker not kept clean; and (f) 30-02-1, plumbing not properly installed and/or maintained because vacuum breaker missing on hose bibb at front hand sink. During the January 22, 2009, inspection, Mr. Fulton observed the following non-critical violations: (a) 14-37-1, cutting board grooved/pitted and no longer cleanable; (b) 10-07- 1, in-use utensils, such as a spoon, stored in standing water at less than 135 degrees Fahrenheit; and (c) 24-05-1, clean utensils were not properly stored because spoons in the customer area were facing food side up and there were unprotected plates in the sushi area. After the January 22, 2009, inspection, and a callback inspection on April 3, 2009, Petitioner issued an Administrative Complaint dated May 19, 2009, in Petitioner's Case No. 2009026581 against Respondent. The complaint alleged the following critical violations: (a) 03A-07-1, potentially hazardous cold food held at greater than 41 degrees Fahrenheit; (b) 12A-12-1, employee working with raw food then with ready-to- eat food without washing hands or changing both gloves; (c) 12A- 13-1, employee handled soiled equipment or utensils then prepared food, handled clean equipment or utensils, or touched unwrapped single-service items without washing hands or changing gloves; (d) 21-12-1, wet wiping cloth not stored in sanitizing solution between uses; and (e) 32-15-1, no hand-washing sign at hand sink used by food employees. On August 1, 2009, Respondent signed a Stipulation and Consent Order, agreeing to pay a fine in the amount of $1,750. in Petitioner's Case No. 2009026581. Petitioner issued a Final Order in that case on July 1, 2009. The record does not indicate whether Respondent ever paid the administrative fine. On August 12, 2009, Petitioner's staff made a routine inspection of Respondent's restaurant. During the inspection, Petitioner's staff observed the following critical violations: (a) 03A-07-1, cold food not at proper temperature during storage, display, or service, including but not limited to tofu on the cook line at 75 degrees Fahrenheit; (b) 31-09-1, hand- washing sink not accessible for employee use at all times; (c) 35A-03-1, dead roaches on premises; (d) 06-04-1, potentially hazardous foods improperly thawed at room temperature, including beef, pork, fish, and hamburger; (e) 22-20-1, food contact surfaces not clean and sanitized due to buildup of slime in the interior of the icemaker; and (f) 30-02-1, vacuum breaker missing at hose bibb. During the August 12, 2009, inspection, Mr. Fulton observed the following non-critical violations: (a) 14-37-1, cutting board grooved/pitted and no longer cleanable; (b) 10-07- 1, in-use utensil stored in standing water less than 135 degrees Fahrenheit; and (c) 24-05-1, clean glasses, cups, utensils, pots and pans not stored inverted or in a protected manner. On August 17, 2009, Mr. Fulton performed a callback inspection of Respondent's restaurant. During the inspection, Mr. Fulton observed the following critical violations: (a) 31- 09-1, hand-washing sink not accessible for employee use at all times; (b) 35A-03-1 and 35A-05-1, live and dead roaches on the premises; (c) 06-04-1, potentially hazardous food thawed at room temperature; (d) 22-20-1, food contact surfaces not clean and sanitized due to buildup of slime in the interior of the icemaker; and (e) 30-02-1, vacuum breaker missing at hose bibb. During the August 17, 2009, inspection, Mr. Fulton observed the following non-critical violations: (a) 14-37-1, cutting board grooved/pitted and no longer cleanable; (b) 10-07- 1, in-use utensil stored in standing water less than 135 degrees Fahrenheit; and (c) 24-05-1, clean glasses, cups, utensils, pots and pans not stored inverted or in a protected manner. On February 15, 2010, Ms. Browning performed a routine inspection of Respondent's restaurant. During the inspection, Ms. Browning observed the following critical violations: (a) 03A-07-1, cold food held at greater than 41 degrees Fahrenheit during storage, display, or service, including seafood broth, rice, chicken curry in reach-in cooler, chicken in top of reach-in cooler, fish eggs on counter, cream cheese in sushi case, and fish tempura in sushi area; (b) 08A-26-1, food not properly protected during storage based on observation of raw animal food stored over ready-to-eat foods, such as raw eggs over soup and raw beef over cooked shrimp; (c) 12A-13-1, employee handled soiled equipment or utensils then engaged in food preparation, handled clean equipment or utensils, or touched unwrapped single-service items without washing hands or changing gloves; (d) 01B-24-1, ready-to-eat potentially hazardous food, such as eggroll mix with pork, not consumed/sold within seven days after opening/preparation; (e) 12B-03-1, employee drinking from an open beverage container in a food preparation or other restricted area while rolling silverware; (f) 08B-04-1, using paper as a food contact surface by storing bread crumbs on greasy brown paper; (g) 22-20-1, build-up of slime in the interior of the ice machine; (h) 30-02-1, vacuum breaker missing at hose bibb; (i) 05-09-1, no conspicuous thermometer in holding units such as sushi case and two reach-in freezers; (j) 09-05-1, improper use of bowl/plastic container or other container with no handle to dispense food such as rice that is not ready-to-eat; (k) 27-16-1, hot water not provided at mop sink because shut off; and (l) 52-01-1, misrepresentation of identity of food or food product because advertising crab delight in sushi bowl and salad platter but using imitation crab instead. During the February 15, 2010, inspection, Ms. Browning observed the following non-critical violations: (a) 21-11-1, wiping-cloth sanitizing solution not at proper strength and not provided at sushi bar; (b) 14-32-1, using wood that is not hard and close-grained, such as bamboo sushi mats, as a food contact surface; (c) 18-04-1, old labels stuck to food containers after cleaning; (d) 26-02-1, improper re-use of single-service articles such as reusing plastic wrap to cover sushi mats; and (e) 23-05-1, residue build-up on towel dispenser at cook-line hand sink. On April 10, 2010, Ms. Browning performed a callback inspection at Respondent's restaurant. During the inspection, Petitioner's staff observed the following critical violations: (a) 03A-07-1, potentially hazardous food held at greater than 41 degrees Fahrenheit, including seafood broth, rice, chicken curry in reach-in cooler, chicken in top of reach-in cooler, fish eggs on counter, fish tempura in sushi area, and conch, salmon, tuna, and cream cheese all in sushi case; (b) 08A-26-1, raw animal food stored over ready-to-eat food, such as eggs over soup; (c) 12A-13-1, employee handling soiled equipment or utensils then preparing food, handling clean equipment or utensils, or touching unwrapped single-service items, without washing hands or changing gloves; (d) 01-B-24-1, potentially hazardous food not consumed/sold within seven days after opening/preparation; (e) 12B-03-1, employee drinking from an open beverage container in a food preparation or other restricted area while rolling silverware; (f) 08B-04-1, paper used as a food-contact surface, such as bread crumbs stored on greasy brown paper; (g) 22-20-1, buildup of slime in the interior of the ice machine; (h) 30-02-1 vacuum breaker missing at hose bibb in mop sink; (i) 05-09-1, no conspicuous thermometer in holding units, such as two reach-in freezers; (j) 09-05-1, improper use of bowl/plastic food container or other container with no handle used to dispense food that is not ready-to-eat, such as rice; (k) 27-16-1, no hot water at mop sink because shut off; and (l) 52-01-1, misrepresentation of food identity, such as advertising crab delight in sushi bowl and salad platter but using imitation crab. During the inspection on April 10, 2010, Ms. Browning observed the following non-critical violations: (a) 21-11-1, wiping-cloth chlorine sanitizing solution not at proper minimum strength and none at the sushi bar; (b) 14-32-1, improperly using wood that is not hard or close-grained as a food-contact surface, such as bamboo sushi mats; (c) 18-04-1, old labels stuck to food containers after cleaning; (d) 26-02-1, re-use of single-service articles, such as using plastic wrap over and over on sushi mats; and (e) 23-05-1, residue build-up on nonfood-contact surfaces, as found on towel dispenser at hand sink on cook line. During the above-referenced inspections, Petitioner's staff repeatedly observed the same critical and non-critical violations of the Food Code at Respondent's restaurant. Even if Respondent was able to correct some of the violations while Petitioner's staff was on the premises, Respondent made no effort to ensure that the violations did not re-occur before the next inspection.
Recommendation Based on the foregoing Findings of Facts and Conclusions of Law, it is RECOMMENDED: That the Department of Business and Professional Regulation, Division of Hotels and Restaurants, enter a final order suspending Respondent's license for six consecutive days as a penalty in DOAH Case No. 10-2427 and for ten consecutive days as a penalty in DOAH Case No. 10-3294. DONE AND ENTERED this 14th day of October, 2010, in Tallahassee, Leon County, Florida. S SUZANNE F. HOOD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 14th day of October, 2010. COPIES FURNISHED: Charles F. Tunnicliff, Esquire Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street, Suite 42 Tallahassee, Florida 32399 Hung Nguyen Taste of Saigon II 4860 Northwest 39th Avenue, Suite C Gainesville, Florida 32606 William L. Veach, Director Division of Hotels and Restaurants Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399 Reginald Dixon, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399
The Issue Whether or not on or about June 20, 1977 the Petitioner's inspection of the licensed premises revealed that all foods were not properly stored and protected from all sources of contamination, in violation of Rule 7C- 4.01(2)(a)(k)(m), F.A.C. Whether or not on on or about June 20, 1977 the Petitioner's inspection of the licensed premises revealed that all floors were not kept clean, in violation of Rule 7C-4.01(6)(a)(b), F.A.C. Whether or not on or about June 20, 1977 the Petitioner's inspection of the licensed premises revealed that the walk-in cooler was not kept clean, in violation of Rule 7C-4.01(4)(a)(1), F.A.C. Whether or not on or about June 20, 1977 the Petitioner's inspection of the licensed premises revealed that the dishwasher was not kept clean, in violation of Rule 7C-4.01(4)(f), F.A.C. Whether or not on or about June 20, 1977 the Petitioner's inspection of the licensed premises revealed that the premises were not free of roaches, in violation of 7C-4.01(5)(h), F.A.C. Whether or not on or about June 20, 1977 the Petitioner's inspection of the licensed premises revealed that all garbage cans were not kept clean in violation of Rule 7C-4.01(5)(g), F.A.C. Whether or not on or about June 20, 1977 the Petitioner's inspection of the licensed premises revealed that the kitchen was not kept clean in violation of Rule 7C-4.01(6)(f), F.A.C.
Findings Of Fact This cause comes on for consideration based upon the Petitioner's notice to show cause issued to the Respondent, and the Respondent's request for formal hearing on the allegations set forth in the notice to shown cause. Those allegations will be more completely discussed in the latter portions of this recommended order. The Respondent, Flanigans, Inc., does business under the name Flanigans, at a licensed premises located at 303 East Jefferson Street, Tallahassee, Florida. The Respondent is licensed by Petitioner, State of Florida, Department of Business Regulation, Division of Hotels and Restaurants. The license number is number 47-52R. That license was in effect during the pendency of the matters which are at issue. On June 20, 1977 Elliott Duggar, Inspector I, State of Florida, Department of Business Regulation, Division of Hotels and Restaurants, went to the licensed premises to inspect the conditions found in the restaurant. This inspection is conducted in accordance with the terms of the license held by the Respondent under the permission of the Petitioner. This inspection was being conducted in accordance with the requirement that periodic inspections be made and also pursuant to a complaint made by a patron in the restaurant. The Complaint concerns the patron's discovery of some form of bug located in a baked potato which he had been served. (The last periodic inspection had been held in February, 1977.) The current inspection took place around 10:00 o'clock A.M. While inspecting in the food preparation area, Mr. Duggar observed that one food container containing slaw, was not covered. By this it meant that the saran wrap that was on the top of the container had fallen into the slaw. In addition an employee was dipping slaw from this container into other containers by using a bowl, which did not have a handle and which allowed the employee's hands to touch the slaw. Duggar also observed bread in the middle of the room which was not wrapped. There were bread crumbs on the floor in the food preparation area. During the course of the check Mr. Duggar saw a residue of grease on the floor and some grease underneath the kitchen equipment. Specifically, there was grease behind and under the stove. The walls were found to be dirty. There were signs of roaches, which the witness Duggar described as "leavings". These were found in one of the store rooms found in the kitchen area. Duggar also saw a roach in the kitchen area. The area of the dishwasher was dirty and there were a number of pots and pans and dishware stacked on the dishwasher, which were dirty. The inside of the dishwasher was dirty. The garbage cans in the premises were dirty. The garbage can in the area of the dishwasher had a foul odor and trash in the bottom of the can. As a result of his inspection, Dugger rendered a written report which is Respondent's Exhibit #2, admitted into evidence. Following the report the restaurant was cited for violations, and these violations constitute the basis of the case. In explaining the condition of the licensed premises on the date of inspection, the licensee established that it had lost its dishwasher the night before, when the dishwashing employee walked off the job. In addition the all day waiter that was assigned for the June 19, 1977 shift was not available, which further contributed to the problems in the kitchen area. On June 24, 1977, Mr. Duggar returned to the licensed premises for a follow up inspection and noted that the licensee had compliance with his request to clean, with the exception of the area underneath the equipment, back of the cooking equipment specifically, which was still dirty. A copy of the call back inspection report may be found as Respondent's Exhibit #1, admitted into evidence. The initial count in the notice to show cause brought against the Respondent contain alleged violations of Rule 7C-4.01(2)(a)(k)(m), F.A.C. Those various provisions state as follows: "(2) Food Protection Food while being stored, prepared, displayed, served or sold at a food service establishment shall be protected from dust, flies, rodents, and other vermin, toxic materials, unclean equipment and utensils, unnecessary handling, coughs and sneezes, flooding by sewage, overhead leakage and all other sources of contamination. (k) Food shall be displayed and served in such manner as to minimize contamination. Manual contact with unpackaged foods shall be avoided. Clean tongs, scoops, forks, spoons, spatulas or other suitable implements shall be used by employees. Similar implements shall be provided for self-service by customers. Sugar, if provided, shall be in closed dispensers or in individual packages. (m) Unwrapped foods which are displayed or otherwise placed on counters or serving lines at cafeterias, smorgasbords, buffets or similar type operations and all unwrapped foods on tables, racks, carts, counters and shelves at any food service establishment shall be protected against contamination from customers and other sources. Such protection shall be provided by glass or other approved enclosures or by the installation of easily cleanable sneeze-guards or other effective counter protector devices designed to intercept a direct line between the mouth of the customer and the food. Self-service openings on counter guards shall be so designed and arranged as to protect food from manual contact by customers. Special smorgasbords and buffets for particular groups, organizations and associations and not a part of a regular or permanent operation for the general public, shall be excepted from the requirement of enclosures, sneeze-guards or counter protector devices as herein required." In reviewing the language of those several subsections, it is established through the facts that the uncovered slaw, and the way that the slaw was being dispensed, was in violation of those cited subsections. The unwrapped bread that was discovered would also constitute violations of those same subsections. The second count in the notice to show cause allege violations of Rule 7C-4.01(6)(a)(b), F.A.C., these sections read as follows: "(6) Other Facilities and Operations: Floors - The Floor surface in kitchens and all other rooms and areas in which food is stored or prepared, utensils are washed or stored, walk-in refrigerators, garbage, and rubbish rooms and toilet, dressing and locker rooms shall be of smooth, non-absorbent material. Floor drains shall be provided in accordance with provisions of this code in all rooms where floors are subjected to flush or flood type cleaning or where normal operations release or discharge water or other liquid waste onto the floor such floors shall be graded to effectively drain. Mats or duckboards, if used, shall be so constructed as to facilitate being easily cleaned and shall be kept clean. The floor surfaces in all interior and exterior areas where food is served shall be of such construction and finish as to be easily cleanable. Carpeting, if used on floors of interior dining rooms, shall be kept in good repair and shall be cleaned by dustless methods. All floors shall be kept clean and in good repair. Sawdust, wood shavings, peanut hulls and similar materials shall not be permitted on the floors of a food service establishment. Walls and ceiling - All walls and ceilings including doors, windows, skylights, screens and similar closures shall be kept clean and in good repair. The walls of all food preparation, utensil-washing and hand-washing rooms or areas shall have light-colored, smooth, easily cleanable surfaces and shall be washable up to the highest level reached by splash or spray. Studs, joist and rafters shall not be left exposed in food preparation or washing areas or toilet rooms. If exposed in other rooms or areas, they shall be suitably finished and all surfaces shall be kept clean and in good repair. Sheet metal, plastic or other covering materials, if used, shall be closed at all joints and shall be sealed to the wall or ceiling. Acoustical materials may be used on ceilings, provided ventilation is adequate to minimize grease and moisture adsorption. Light fixtures, fans, hoods, and other equipment and materials attached to walls or ceilings shall be kept clean." The testimony in this case establishes that the floors and walls and ceiling were not kept clean. The third count pertained to an alleged violation of the Rule 7C- 4.10(4)(a)(1), F.A.C., in particular the allegation was that the walk-in cooler was not kept clean. The testimony did not establish a violation of that nature. Count four of the notice to show cause pertained to the dishwasher and an allegation that the dishwasher was not kept clean. This was asserted as a violation of Rule 7C-4.01(4)(f), F.A.C., which states: "(4) Food Equipment and Utensils. (f) Cleanliness of equipment and utensils. 1. All multi-use eating and drinking utensils shall be thoroughly cleaned and sanitized after each useage. All kitchenware and food contact surfaces of equipment used in the preparation or serving of food or drink and all multi-use food storage utensils, exclusive of cooking surfaces of equipment shall be cleaned at least once a day. All multi-use utensils and food contact surfaces of equipment used in the preparation or storage of potentially hazardous food shall be thoroughly cleaned and sanitized prior to each such use. Where equipment and multi-use utensils are used for preparation of potentially hazardous foods on a continuous or production line basis, food-contact surfaces of such equipment and utensils shall be cleaned and sanitized at scheduled intervals throughout the day as approved by the health authority. Non-food contact surfaces of equipment shall be cleaned at such intervals as is necessary to keep them free of dust, dirt, food particles and otherwise in a clean and sanitary condition. After cleaning and until use, all food-contact surfaces of equipment and multi-use utensils shall be so stored and handled as to be protected from manual contact, splash, dust, dirt, insects and other contaminants. All cracked and broken dishes, enamelware and utensils shall be disposed of and not be placed in any form of service. work table tops must be metal or hardwood with no cracks, and cutting boards for slicing prepared foods other than meat block shall be used. No papers or oil cloth be used on tables and shelves in kitchens. All stoves, ranges, ovens, dish racks, windows, meat blocks, meat slicers, choppers, grinders, tenderizers, saws, can openers, knife racks, coffee making equipment, tables, shelves, floors and other equipment must be properly constructed, kept clean, sanitary, in good repair, and free from accumulated grease and dirt." The facts established that the dishwasher was not kept clean. Count five of the notice to show cause alleged that the premises were not free of roaches, and therefore violated Rule 7C-4.01(5)(h), F.A.C. The testimony established that there were roaches in the licensed premises. The cited section of the Rule states: "(5) Sanitary facilities and controls: (h) Vermin control - Effective control measures shall be taken to protect against the entrance into the food establishment, and the breeding or presence on the premises of rodents, flies, roaches and other vermin. All buildings shall be effectively rat- proofed, freed of rats and maintained in a rat-proof and rat free condition. All openings to the outer air shall be effectively protected against the entrance of flies and other flying insects by self-closing doors which open outward, closed windows, screening, controlled air currents or other effective means. Screening material, when required shall be not less than sixteen (16) mesh to the inch or equivalent and screens for windows, doors, skylights, transoms and other openings to the outer air shall be tight-fitting and free of breaks." In reviewing the facts, it has not been established that the licensed premises failed to take effective control measures to protect against the entrance of roaches. The sixth count of the notice to show cause complains of the Respondent's failure to keep the garbage cans clean. The section on this allegation is Rule 7C-4.01(5)(g), F.A.C. which contains the following language: "(5) Sanitary Facilities and controls: (g) Garbage and rubbish disposal - All garbage and rubbish containing food wastes shall, prior to disposal, be kept in leak-proof, non-absorbent con- tainers which shall be kept covered with tight- fitting lids; provided that such containers need not be covered when stored in a special vermin- proofed room or in a closed food waste refrigerator or during the period of time that frequency of use makes the lid covering impractical. All other rubbish shall be stored in an approved manner. The rooms, enclosures, areas and containers used shall be adequate for the storage of all food wastes and rubbish which accumulates between periods of removal. Adequate cleaning facilities shall be provided and each container, room or area shall be thoroughly cleaned after the emptying or removal of garbage and rubbish. Waste water from such cleaning operations shall be dispensed of as sewage. Food-waste grinders, if used, shall be suitably constructed. All garbage and rubbish shall be removed from the food establishment premises with sufficient frequency to prevent nuisance." The testimony concerning the status of the three garbage cans in the licensed premises, indicates that the condition of the garbage cans was in violation of this subsection. Finally, there is an overall allegation in count seven, which states that the kitchen was not kept clean, claiming a violation of Rule 7C-4.01(6)(f), F.A.C., this section states: "(6) Other Facilities and Operations: (f) Housekeeping - All parts of the establishment and its premises shall be kept neat, clean and free of litter and rubbish. Cleaning operations shall be conducted in such a manner as to minimize contamina- tion of food and food-contact surfaces. Vacuum cleaning, wet cleaning, or other dustless methods shall be used for cleaning floors, walls and ceilings; provided, that dust arresting sweeping compounds and push-brooms may be employed for floors. All such cleaning, except emergency floor cleaning, shall be done during periods when the least amount of food is exposed, such as after closing and between meals. Soiled cloths, linens, aprons, coats and other uniform apparel shall be kept in suitable containers until removed for laundering." The facts as established indicate a violation of this subsection. As an aspect of this hearing, the parties have agreed that the undersigned may take official notice of the Florida Administrative Code and its various provisions, to include the rules which were the basis of the notice to show cause. A copy of the written stipulation is made a part of the record herein.
Recommendation Upon consideration of the facts in this cause and the Petitioner's statement that the Respondent had been offered a $50.00 fine to settle the alleged violations, it is recommended that payment of a $50.00 fine be accepted as a disposition of this case. DONE AND ENTERED this 22nd day of November, 1977, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Richard Gentry, Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32304 Russell M. McGregor 303 East Jefferson Street Tallahassee, Florida 32304
