The Issue Whether the Respondent violated certain provisions of Chapter 509, Florida Statutes, and Chapter 61-C, Florida Administrative Code, as alleged in the Administrative Complaint.
Findings Of Fact Based on the evidence and testimony of the witness presented and the entire record in this proceeding, the following findings of fact are made: On February 15, 2001, Angela Carragher, Safety and Sanitation Supervisor, conducted an initial inspection of Respondent. Ms. Carragher conducted re-inspections of Respondent on February 16, 2001, and March 5, 2001. During the inspections, Ms. Carragher observed numerous rodent droppings in the backside storage closets, as well as in the food storage area on the shelves. Rodent droppings are a critical violation because rodent droppings indicate the presence of vermin and rodents inside the facility which can contaminate the food. Ms. Carragher observed moldy vegetables in the walk- in cooler. Moldy vegetables in the walk-in cooler are a critical violation because spoiled food is not safe to serve to a customer. Ms. Carragher observed raw beef stored over some lettuce and cheese that were in the walk-in cooler. Raw beef stored over ready-to-eat foods like lettuce and cheese are a critical violation because raw beef can have bacteria, which could contaminate or cross-contaminate those ready-to-eat items. Ms. Carragher observed that Respondent did not have proof of a certified food manager at the facility. The certified food manager is the person who has the responsibility to ensure that all of the food workers are trained in food safety and proper food handling and that the facility is following all requirements of the Food Code. Proof that a certified food manager at the facility is critical because, otherwise, there is no way to know if somebody is supervising and overseeing the establishment. Ms. Carragher observed that the fire suppression system was not currently tagged and certified and that an emergency light did not light when tested. The fire suppression system is required to be inspected and certified every six months. The fire suppression system was last inspected in March 2000. A certified and tagged fire suppression system is critical because in the event of a fire, the system may fail to automatically discharge and put the fire out. Ms. Carragher observed an unlabeled spray bottle containing some unidentifiable green chemical solution. Restaurants often use a number of different chemicals in their kitchen, such as window cleaners, degreaser, and sanitizers. An unlabeled spray bottle is a critical violation because an employee may mistakenly use a wrong chemical on the wrong surface, which could create a contamination hazard for food items. Ms. Carragher observed dried food debris on the slicer and inside the three-door, reach-in cooler. Dried food on the slicer and cooler surfaces is a violation because dried food can harbor bacteria which can potentially contaminate fresh food. Ms. Carragher observed that the heat lamp bulbs on the cook's line were not shielded. Unshielded heat lamp bulbs are a violation because should a lamp break, the shattered glass may fall into the food to be served causing a physical hazard. Ms. Carragher observed that the ice scoop was stored on the top of the ice machine and not on a clean surface. The ice scoop is used to scoop the ice that is going to be used for beverages and food. The ice scoop stored on the top of the ice machine is a violation because the top of the machine contains dust and debris, which may cause potential physical contamination. Ms. Carragher observed holes in the walls in the backside storage closet, and grime accumulated on the floor underneath the sink and on the walls in the dishwashing area. Holes in walls and accumulated grime on sinks and walls are a violation because the dirt may contaminate clean dishes and holes may permit access by vermin. Ms. Carragher observed that the gasket on the door on the reach-in cooler was torn. A torn gasket is a violation because the gasket forms a barrier between the outside and inside of the cooler preventing hot air from the kitchen from getting into the cooler. It also creates a place where mildew can grow and contaminate food. Ms. Carragher observed that the carbon dioxide tank in the kitchen was not secured. A carbon dioxide tank which is not secured is a safety violation because a pressurized tank may be propelled violently by the compressed gas if the valve is damaged, hurting people in the restaurant.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law set forth herein, it is RECOMMENDED: That a final order be entered for suspension of Respondent's license until he pays a fine in the amount of $2,000. DONE AND ENTERED this 21st day of December, 2001, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN 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 21st day of December, 2001. COPIES FURNISHED: Charles F. Tunnicliff, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2201 Lewis Pace Ramada Inn Restaurant 20349 North U.S. Highway 27 Clermont, Florida 34711 Manohar Jain Ramada Inn Restaurant 4800 South Apopka Vineland Road Orlando, Florida 32819 Susan R. McKinley, Director Division of Hotels and Restaurants Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Hardy L. Roberts, III, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202
The Issue Whether Respondent failed to properly maintain the premises at Park Avenue Sub, in violation of Section 509.032, Florida Statutes (2000), as alleged in the Administrative Complaints.
Findings Of Fact Based on the evidence and testimony of the witnesses presented and the entire record in this proceeding, the following findings of facts are made: 1. Respondent, Sang Kuen Cho, held license number 69-0347-R for the operation of a public food service establishment operating under the name Park Ave Sub, and located at 1203 South Park Avenue, Sanford, Florida 32771. As to DOAH Case No. 01-0961: 2. On August 18, 19, and 22, 2001, Carolyn Moore, Inspector with Petitioner's Division of Hotels and Restaurants, conducted an inspection of Respondent's premises. 3. It was observed that there was no 40 BC Fire Extinguisher available on the premises. The Fire Suppression System was tagged 11-99, and the last inspection report was dated 11-99. The barrel used for grease collection was not ona surface that was non-absorbent. There was no evidence that the restaurant manager was certified by Petitioner as a certified food manager. There was no probe thermometer available. The meat slicer had old, dried food debris on it. There was bare wood exposed on the preparation table, and the covering was worn out. There was old, dried food splattered on the wall behind the slicer. The flooring around the cooking equipment was missing tiles or other non-porous covering. There was a large amount of newspapers and empty boxes under the preparation table. 4. There were no chemical test strips available to test the concentration of the sanitizing solutions. The filters in the hood over the stove had an accumulation of dust and a black substance on them. There was no covered receptacle in the restroom. The restroom had no paper towels or other hand-drying device provided. The front door was propped open on August 18, 2000. The last inspection report was not available. As to DOAH Case No. 01-1110: 5. On January 24, 2001, and again on February 1, 2001, an inspection was conducted on Respondent's premises. 6. It was observed that there was no 40 BC fire extinguisher on the premises for the grease fryer. The tag on the Fire Suppression System indicated it was last inspected 11- 99. 7. Deli meats in containers in the refrigerator had not been date marked to indicate the date the food should be consumed by. The ceiling tiles over the hood system were not properly installed, leaving a gap. Old food debris and a black substance were on the hood filters. The wall by the back door had old, dried food debris splattered on it. As to DOAH Case No. 01-1111: 8. On July 26, 1999, and again on August 20, 1999, an inspection was conducted on Respondent's premises. 9. The right compartment of the three-compartment sink was not plumbed for hot and cold water. The front exit door was open in a fixed position. The fire extinguisher was stored on the floor by the rear exit door. The floor in the kitchen area had torn and missing tiles and was not sealed. An extension cord was being used for operating the microwave, and a carbon dioxide tank was not secured. 10. There was still no 40 BC fire extinguisher available when the premises were re-inspected on April 18 and 27, 2001.
Conclusions For Petitioner: Charles F. Tunnicliff, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 For Respondents: No appearance.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be enter by the Division of Hotels and Restaurants, as follows: 1. As to DOAH Case No. 01-0961, an administrative fine of $5,400 be imposed and Respondent's license be suspended until payments of fines have begun and the restaurant is brought into compliance with the Food Code, the Fire Safety Code, and other provisions of Chapter 61C, Florida Administrative Code. 2. As to DOAH Case No. 01-1110, an administrative fine in the amount of $3,400 be imposed and Respondent's license be suspended until the restaurant is brought into compliance and payments on the fine are begun. 3. As to DOAH Case No. 01-1111, an administrative fine of $1,000 be imposed and Respondent's license be suspended until payment, in full, is made. 4. Respondent be required to make monthly payments until the administrative fines are paid in full under such terms anda conditions as the Department deems just and reasonable. DONE AND ENTERED this Gl, day of June, 2001, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE 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 A day of June, 2001. COPIES FURNISHED: Park Avenue Sub 1203 South Park Avenue Sanford, Florida 32771 Sang Kuen Cho d/b/a Park Ave Sub 1203 South Park Avenue Sanford, Florida 32771 Charles F. Tunnicliff, Esquire Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-2202 Susan R. McKinley, Director Division of Hotels and Restaurants Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 Hardy L. Roberts, III, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue Whether Respondent committed the violations set forth in the Administrative Complaints and, if so, what penalty should be imposed.
Findings Of Fact Petitioner, the Department of Business and Professional Regulation, Division of Hotels and Restaurants (Division), is a state agency charged with the duty and responsibility of regulating the operation of hotel and restaurant establishments pursuant to Section 20.165 and Chapter 509, Florida Statutes. Respondent is a rooming house located in Pensacola, Florida. At all times material to the allegations of the Administrative Complaint, Respondent held license numbers 2705932 for food service and 2705800 for operation of a rooming house issued by the Division. Russell Crowley is a Senior Sanitation and Safety Specialist employed by the Division. Mr. Phelan has a two- year degree in environmental technology. He has been employed by the Division for eight years. Prior to working for the Division, he was in the Air Force, Public Health Service, for 26 years. He also received training in laws and rules regarding public food service and lodging, and is a certified special fire inspector. Case Nos. 06-3292, and 06-3293 On February 28, 2006, Mr. Crowley conducted an inspection of Respondent's premises and issued a food service inspection report and a lodging service inspection report while on the premises. Harrison Anderson an employee of Respondent, signed for the inspection reports. During the February 28, 2006 inspection, Mr. Crowley observed six food service violations and four lodging violations and issued a warning that the violations must be corrected by March 28, 2006. Mr. Crowley conducted a call-back inspection on March 29, 2006, during which he observed that four of the violations noted on February 28, 2006 had not been corrected. At the time of the first inspection, Mr. Crowley observed that the fire extinguishers were out of date. During the call-back inspection, he again found the fire extinguishers to be out of date, in that they had last been inspected in April 2005. This is a critical violation because if a fire extinguisher is not inspected to be sure it is in proper working condition, it could malfunction causing a fire safety hazard. During the original inspection, Mr. Crowley also observed that the stove hood in the kitchen was not cleaned. This was listed as a violation because it is a vermin control issue. This is a critical violation because grease buildup in the stove hood system can cause a fire. This violation had not been corrected at the time of the call-back inspection. During the original inspection, Mr. Crowley observed that the hood suppression system in the kitchen was out of date. This had not been corrected at the time of the call- back inspection. Hood suppression systems should be inspected every six months. This is a critical violation because the hood suppression system is how grease fires are put out. Mr. Crowley also observed an accumulation of food debris on the kitchen floor and under the stove and refrigerator. This had not been corrected at the time of the call-back inspection. Another violation that Mr. Crowley found that had not been corrected is that the manager lacked proof of a food manager certification. This is a critical violation because a food manager who has received training in proper food handling procedures must be on the premises. Mr. Crowley gave Respondent a time extension of 60 days to correct this violation. Additionally, Mr. Crowley gave a 60-day time extension for a related violation, in that there was no proof of employee training in proper food handling procedures. A lodging violation that had not been corrected between inspections is that the central heat and air conditioning was inoperable. Mr. Crowley observed space heaters in some but not all rooms. The central air system was still inoperable on the call-back inspection and there were only four space heaters for 15 rooms. On June 6, 2006, Mr. Crowley made a call-back inspection of Respondent's facility and found that there still was no proof of anyone having received food manager training and no proof of employee training. Case No. 06-3294 During the March 29, 2006, call-back inspection of Respondent's facility, Mr. Crowley observed that no room rate schedule was filed with the Division and that no room rate was posted in each room or unit. He wrote an inspection report finding these two lodging violations, issuing a warning about these two violations, and notifying Respondent that the violations needed to be corrected by April 29, 2006. Mr. Crowley went back to Respondent's facility on May 5, 2006, and found that these violations had not been corrected at the time of the call-back inspection. His call- back re-inspection report noted that the owner stated that she sent the room rate schedule to the Division for filing, but that when he called to verify this, there was no record of Respondent's room rate schedule with the Division. In any event, the room rate schedule was not posted. Case Nos. 06-3698 and 06-3699 On April 11, 2006, Mr. Crowley again inspected Respondent's facility. As a result of this inspection, he wrote a lodging inspection report on which he noted nine violations. He noted on the inspection report a call-back date of April 12, 2006. On April 12, 2006, he returned to Respondent's facility to make a joint inspection with an inspector from another agency, the Agency for Health Care Administration. As a result of the April 12, 2006, inspection, he found two violations that had not been corrected: he observed an insufficient number of fire extinguishers and observed 10 live gnats in a resident's room. He also gave a 30-day time extension for the seven other violations found, indicating a call-back date of May 13, 2006. During the April 12, 2006 inspection, Mr. Crowley also observed an expired fire sprinkler inspection tag, indicating it had been last inspected on April 11, 2005. The inspection report again shows a call-back date of May 13, 2006. Mr. Crowley made a call-back inspection of Respondent's facility on June 6, 2006, and found two violations that had not been corrected from the April 2006 inspections: the smoke detector in the common area was not working and there was rotted wood in the restroom. The smoke detector not working is a critical violation; the rotted wood in the bathroom is not. Mr. Crowley did note in his report that the air conditioning/heating system was now working. On May 15, 2006, Mr. Crowley made a call back inspection and found that the fire sprinkler had still not been inspected since April 2005. This is a critical violation. Mitigation Ms. Finkley offered mitigating circumstances regarding some of the deficiencies noted by Mr. Crowley. Regarding the allegation that no food service manager had a certification, Ms. Finkley asserts that before the house was licensed to be a rooming house, it was an assisted living facility. She and others who had previously worked there had received training and were not aware they needed additional training when the facility became a rooming house. Further, Ms. Finkley took the training class on July 17, 2006. Regarding the allegation that the stove hood had a grease buildup, Ms. Finkley asserted that she did have the hood cleaned, and showed the inspector the receipt for the cleaning. Mr. Crowley disputes this and insists that had he been shown the receipt, he would have given her credit for having it. Mr. Crowley's testimony in this regard is more persuasive and accepted. Ms. Finkley explained that the house and floor are very old. Therefore, she feels that it was more the condition of the floor as opposed to uncleanliness. In any event, she has installed a new floor since Mr. Crowley's inspections. Regarding the room rates, Ms. Finkley insists that she mailed the room rates to the Division. It was returned to her from the Division within a couple of days after Mr. Crowley was there, and she then posted it. Her assertion in this regard is accepted as credible. Regarding the allegations about the fire extinguishers, Ms. Finkley asserted that she had taken two fire extinguishers to be inspected and tagged the day Mr. Crowley made his reinspection. According to Ms. Finkley, Mr. Crowley was still in the yard of the facility when she returned with the fire extinguishers and attempted to show them to Mr. Crowley. This apparently happened after he had written his report, as Mr. Crowley recalls passing her in the driveway as he was leaving. Her assertion in this regard is accepted as credible. Regarding the allegation about the smoke detector, Ms. Finkley asserts that it was brand new and had just been installed that day (the day of Mr. Crowley's inspection) by the maintenance man. She was not present during the inspection but retuned to the facility that day and found the smoke detector to be working. Her testimony in this regard is accepted as credible. Regarding the sprinkler system, the utility company was working on the road outside the facility and had cut the water line to the facility due to work being done on the day the inspector inspected the system. This is corroborated by Wesley Perdue's testimony and is accepted as credible. Again, this correction to the cited violation was made after the callback inspection. Wesley and Vicki Perdue lease the facility to Ms. Finkley and perform maintenance on the facility. Regarding the allegation about the rotten wood in the bathroom, they remodeled the entire bathroom including putting in new walls, a new commode, and a new vanity with a new sink. The Perdues also installed the new kitchen floor. According to Mr. Perdue, they repaired many things that were written up by Mr. Crowley after he had cited Ms. Finkley for the deficiencies, and he believes that the repairs were completed during the call-back time frame of Mr. Crowley's inspection reports. While Mr. Perdue believes this, the weight of the evidence is that repairs were not completed before Mr. Crowley's reinspection.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law set forth herein, it is RECOMMENDED: That the Division enter a final order that imposes an administrative penalty in the amount of $3,000, places Respondent under probation for a period of two months after issuance of the Final Order, and requires Respondent to attend a Hospitality Education Program. DONE AND ENTERED this 28th day of December, 2006, in Tallahassee, Leon County, Florida. S ___________________________________ BARBARA J. STAROS Administrative Law Judge Division of Administrative Hearings 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 this 28th day of December, 2006 COPIES FURNISHED: Charles F. Tunnicliff, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32388-1015 Fannie Finkley House of Love 5191 Zachary Boulevard Pensacola, Florida 32526 William Veach, Director Division of Hotels and Restaurants Department of Business and Professional Regulations 1940 North Monroe Street Tallahassee, Florida 32399-0792 Josefina Tamayo, General Counsel Department of Business and Professional Regulations 1940 North Monroe Street Tallahassee, Florida 32399-2202
The Issue The Administrative Complaint alleges that Respondent violated certain provisions of Chapter 509, Florida Statutes, and Chapter 61-C, Florida Administrative Code, regarding the absence of required equipment, equipment not operative, and failure to post required signs for public information. Specifically, Respondent, after notice of specific violations and lapse of the allotted time to correct those violations, Respondent failed to do so.
Findings Of Fact On or about February 29, 2000, an employee of the Agency, Kenneth Phillips, supervised inspector trainee, Rick Decker, who performed the initial inspection of Respondent's establishment. A copy of the Public Lodging Inspection Report, citing specific violations noted in or about the establishment was prepared, and each violation was fully explained to Virgie Fowler. A copy of the inspection report was given to Mr. Fowler. Kenneth Phillips advised Mr. Fowler that a call-back re-inspection for correction of cited violations would be made on or about March 13, 2000. On or about March 13, 2000, inspectors Kenneth Phillips and Rick Decker undertook a call-back re-inspection. Previously cited violations not corrected were observed by both inspectors, and entries were made in their re-inspection report, which constituted the Administrative Complaint herein filed. The Agency is charged with the regulation of public lodging establishments and public food service establishments, pursuant to authority granted by Chapter 509, Section 509.032, Florida Statutes. Respondent, Gardenville Motel, is holder of State of Florida License No. 39-01017-H, with a last-known business address of 11549 US Highway 41, Gibsonton, Florida 33534-5210. Respondent is owned and operated by Virgie Fowler.1 Gardenville Motel has a total of 16 non-sequentially numbered rooms available to rent. The Division of Hotels and Restaurants has employed for four years Kenneth Phillips as a Sanitation and Safety Specialist. His primary duties are the inspection of hotels, restaurants, apartment complexes, and mobile vehicles, for the purpose of ascertaining licensees' compliance with safety and sanitation requirements provided by Chapter 509, Florida Statutes. Mr. Phillips has a four-year college degree in criminal justice and a two-year degree in environmental technology. He is a certified special fire inspector and receives ongoing training in food safety and inspection criteria. On or about February 29, 2000, Mr. Phillips and Rick Decker conducted an inspection of the Gardenville Motel (hereinafter "Motel"), following a consumer's complaint of not being satisfied with the conditions of his motel room and management's delay in refunding his money. Rick Decker recorded the results of their initial inspection in a "Food Service Inspection Report," under the supervision and direction of Kenneth Phillips. The Report noted 25 safety and sanitation violations. The Report contained the notification: "Warning: Violations in the operations of your establishment must be corrected by: Date: 2/13/00. Time: 8:00". The date for re-inspection was a scrivener's error. The corrected date is "3/13/00."2 On the day of the inspection, a copy of the report was provided to the owner/manager, Virgie Fowler, who acknowledged receipt, by his signature at the bottom of the report. Kenneth Phillips and Rick Decker discussed with Mr. Fowler, each cited violation contained in the report including the 15-day period before re-inspection for compliance (i.e. correct date of 3/13/00). On March 13, 2000, Mr. Phillips and Mr. Decker, conducted their re-inspection of the Motel to determine whether violations cited on February 29, 2000, were corrected. The two inspectors found eight uncorrected violations. A "Callback/Re- inspection Report" noting the uncorrected violations was completed. A copy of the Callback/Re-inspection Report was signed by and provided to Richard Mercurio, who signed the report as "Manager."3 Critical violations, noted on the initial report by an asterisk to the left of the cited violations, are considered dangerous. Critical violations present a risk to the personal health and safety of guests entering or staying at the motel. Respondent had three critical violations that were not corrected at the time of re-inspection. Violations cited were: no smoke detectors in Rooms 7 and 9; the smoke detectors in Room 5 were inoperative; no fire extinguishers in Rooms 20, 21, 22, 23, 24, 25, and 26; lack of hot water in Rooms 7 and 9; electrical wire exposure in Room 9; and current license not displayed nor available upon request. There was excessive trash in the rear of the premises. Every hotel, motel, and other public rental establishment is required by rule to post room rental rate cards in each room. The report cited Respondent for not posting a room rental rate charge card in each room offered for rent. At the time of the re-inspection Respondent had not corrected three critical violations and one non-critical violation. Respondent did not appear at the final hearing to present mitigating circumstances.
Recommendation It is recommended that the Department of Business and Professional Regulation, Division of Hotels and Restaurants, enter a final order imposing a fine in the amount of $1,000 per critical violation per day beginning on March 13, 2000, forward until each of the three critical violations has been corrected. It is recommended that the Board impose a separate and additional fine in the amount of $500 per non-critical violation per day from beginning on March 13, 2000, forward until the one non-critical violation has been corrected. It is recommended that the Board suspend License No. 39- 0107-H until full compliance with all sanctions herein imposed is made. Finally, it is recommended that the Board impose upon Virgie Fowler, owner of the motel, the requirement to attend, at personal expense, an appropriate Education program to be designated by the Hospitality Educational program director prior to renewal or reinstatement of license No. 39-01017-H. DONE AND ENTERED this 25th day of January, 2001, in Tallahassee, Leon County, Florida. 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 25th day of January, 2001.
The Issue The issue in this case is whether Respondent violated provisions of Chapter 509, Florida Statutes,1 and/or rules promulgated thereto. If violations did occur, then the ancillary issue is whether a penalty should be imposed.
Findings Of Fact The Restaurant is a licensed eating establishment located in Bonita Springs, Florida. The franchised facility is owned by Raymond Foster and his wife, Cathy Foster. Both owners spend approximately 12 hours per day at the Restaurant. Petitioner is the state agency responsible for, inter alia, inspecting restaurants to ensure safe operation and cleanliness for public health. On January 29, 2007, the Division conducted a routine inspection of the Restaurant. The inspection was conducted by Randall Hughes, a sanitation and safety specialist, who had worked for the Division for approximately nine months at that time.3 Prior to working for the Division, Hughes had worked for Winn-Dixie as a store manager. Prior to the date of the inspection, Hughes had received one week of training from the Division on food laws and rules, one week of training on lodging laws and rules, plus two weeks of special fire training laws and rules. He also takes 20 hours of continuing education courses annually. On March 2, 2007, Hughes conducted a follow-up or call- back inspection of the Restaurant. At that time, he identified several repeat deficiencies, including four that he thought would warrant issuance of an administrative complaint. The follow-up inspection report was received and signed by Cathy Foster. There were four problem areas identified by Hughes as "critical" violations during the follow-up inspection. Critical violations are those deemed by the Division to be an imminent threat to the public. The four problem areas were: Violation No. 45-36-1: The hood suppression type fire extinguisher system, used to extinguish fires in the cooking area, had an inspection tag that was out of date. Violation No. 32-16-1: Lack of hand drying provisions at one sink in the Restaurant. Violation No. 09-01-1: Improper use of plastic bowl with no handle to dispense ready to eat food from reach-in cooler. Violation No. 22-22-1: Build-up of slime in interior of ice machine. A discussion of each of the four alleged violations now follows. The hood suppression type fire extinguisher had an inspection tag dated May 2006. There was no testimony as to whether that was the date of the prior inspection of the extinguisher system or if that was the date the extinguisher was to be re-inspected. It appears the last inspection (in May 2006) was performed by Cintas, a private company under contract with the State. However, Hughes testified that the extinguisher was out of date because it is supposed to be inspected every six months, and, as of January 29, 2007, and March 2, 2007, it had not been re-inspected. Foster testified that the extinguisher was inspected on September 13, 2007 (i.e., the day before the final hearing in this matter), by the Bonita Springs Fire Department. The extinguisher passed inspection and now has a current inspection tag. The Fire Department showed up to inspect the extinguisher unannounced on that day. It is unclear from the testimony whether someone other than the Fire Department was supposed to examine the extinguisher. There was no showing that the Restaurant failed to obtain an inspection of the extinguisher, only that the inspection occurred later than required. The sink area in question under Violation No. 32-16-1 is not located in a food-handling area. Rather, it is a sink used by wait staff and is located outside the kitchen. Foster's testimony that paper towels are available for hand-drying at that sink is credible. He explained that partial rolls of paper towels taken from tables in the restaurant were taken to the sink in question for use by staff. No showing was made that hand-drying provisions were lacking. Foster admits that a plastic bowl without a handle is used to dispense food. The food being dispensed is bleu cheese crumbles for salads. The bowl, while it has no handle, is used by wait staff who are wearing plastic gloves. At no time would the wait staff come into direct contact with the food. The Division's concern about possible contamination is not warranted. Hughes identified a build-up of "slime" in the interior of an ice machine. He did not specify whether the substance was organic or chemical. Foster refuted the finding by explaining the absence of any substance on the ice machine other than a stain caused by an improper seal. Efforts to remove the stain, using a number of different cleansers, have proven fruitless. The stain does not in any fashion contaminate the ice in the machine. None of the other putative violations mentioned in the inspection reports were addressed at final hearing and are therefore irrelevant to this proceeding.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered by the Department of Business and Professional Regulation, Division of Hotels and Restaurants, imposing a fine of $500 against the license of Respondent. DONE AND ENTERED this 20th day of November, 2007, in Tallahassee, Leon County, Florida. S R. BRUCE MCKIBBEN 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 20th day of November, 2007.
