The Issue Whether Respondent committed the acts alleged in the Administrative Complaint dated August 6, 2004, and, if so, what action should be taken against Respondent.
Findings Of Fact Based upon observation of the witness and her demeanor while testifying in person, documentary materials received into evidence, and the entire record compiled herein, the following relevant and material facts are determined: At all times material hereto, Respondent, Dale Hill, d/b/a D and R BBQ and Catering, was not licensed, nor had he been licensed to operate a public food service establishment in the State of Florida by DBPR. Victoria Bagley, senior sanitation and safety specialist with DBPR, is certificated in food management; special fire inspection; standardized public lodging, the Food Code; public food service laws; and rules of the State of Florida. Ms. Bagley has conducted approximately 750 inspections annually during the last three years of her 14-year tenure with DBPR. On July 18, 2004, during an inspection of the premises, Ms. Bagley found Respondent was operating D and R BBQ and Catering without the required license. This is a critical item violation. A critical item violation is a provision of the Food Code, that, if in noncompliance, is more likely than other violations to contribute to food contamination, illness, or environmental health hazard and is denoted in the Food Code with an asterisk. Rule 1-201.10(b)(19), Food Code. The July 18, 2004, inspection found a lack of hot and cold running water at the required fixtures. This is a critical item violation. The July 18, 2004, inspection found there was not a conveniently located handwash sink. This is a critical item violation. By clear and convincing evidence, Petitioner proved each allegation in the Administrative Complaint filed against Respondent in this case.
Recommendation Based upon the Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner, Department of Business and Professional Regulation, Division of Hotels and Restaurants, enter a final order: Finding that Respondent, Dale Hill, d/b/a/ D and R BBQ and Catering, violated Rules 5-103.12, 5-204.11, 6-401.10, and 6.202.15, Food Code; Florida Administrative Code Rule 61C-1.004(2)(d); and Subsection 509.241(1), Florida Statutes (2004); Imposing an administrative penalty against Respondent, Dale Hill, in the amount of $500, per critical item violation, for a total of $2,000, due and payable to the Department of Business and Professional Regulation, Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011, within 30 calendar days of the date the final order is filed with the agency clerk; and Requiring Respondent, Dale Hill, to attend an education program sponsored by the Hospitality Education Program, at Respondent's expense. DONE AND ENTERED this 27th day of February, 2006, in Tallahassee, Leon County, Florida. S FRED L. BUCKINE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 27th day of February, 2006. COPIES FURNISHED: Charles Tunnicliff, Esquire Department of Business and Professional Regulation 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-2202 Dale Hill D & R BBQ & Catering 4460 Tallevast Road Sarasota, Florida 34243 Josefina Tamayo, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-2202 Geoff Luebkemann, Director Division of Hotels and Restaurants Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 John Washington, Hearing Officer Office of the General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202
