The Issue Whether Respondent committed the acts alleged in the Administrative Complaint dated December 21, 2004, and, if so, what disciplinary action should be taken against Respondent's license.
Findings Of Fact Based upon observation of the witness and his demeanor while testifying and the materials received in evidence, the following relevant and material facts are found: At all times material hereto, Respondent, Catfish Country, was licensed and regulated by Petitioner, Department of Business and Professional Regulation, Division of Hotels and Restaurants, having been issued license number 3900935. At all times material hereto, Christopher Damico was employed by Petitioner as a safety and sanitation specialist. Mr. Damico has been employed with Petitioner as a safety and sanitation specialist for one year and eight months. His duties as an inspector include, but are not limited to, inspecting public lodging and food service establishments and performing routine call-back, complaint, and licensing inspections. Prior to his employment with Petitioner, Mr. Damico was employed for two years as a concierge at Hilton Corporation in Gainesville, Florida. Mr. Damico has two years of education in biology at the University of South Florida, in Tampa, Florida, and three years of agriculture study at the University of Florida, in Gainesville, Florida. Upon his employment by Petitioner, Mr. Damico received training in public food service establishments, public lodging establishments, and hazard analysis critical control point; became a special fire safety inspector; and was certified as a food manager. Mr. Damico receives monthly continuing education and on-the-job training. On November 8, 2004, Mr. Damico performed an inspection of Catfish Country. During his inspection, Mr. Damico observed a dead, trapped rodent in a control device, specifically a glue trap. He also observed feces and droppings, evidencing rodent activity and presence. This is a critical violation. A critical violation is a violation that, if not corrected immediately, could pose an immediate public health threat. On November 22, 2004, Mr. Damico performed a follow-up inspection of Catfish Country and set forth his findings in a written report granting Catfish Country's owner, Theoharris Liristis, a time extension until December 14, 2004, to correct noted violations during his prior inspections. On December 14, 2004, Mr. Damico returned for a follow- up correction inspection of Catfish Country. During this inspection, Mr. Damico observed and noted that Mr. Liristis had failed to correct the previous November 8, 2004, violation. During this inspection, Mr. Damico noted that Mr. Liristis could not produce evidence of having the required certified food manager for the establishment. This is a critical violation. During his December 14, 2004, inspection, Mr. Damico noted that Mr. Liristis had failed to correct the previous November 22, 2004, violation and had no proof of the required employee training. The latter is a critical violation. After the above inspections, notice of correction, and extension of time for correction of noted violations, the evidence conclusively established that Mr. Liristis knowingly refused, after repeated notice and time for correction, to correct critical violations found in Catfish County, a licensed establishment serving food to the public, which has been issued license number 3900935.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Department of Business and Professional Regulation, Division of Hotels and Restaurants, enter a final order as follows: Respondent, Theoharris Liristis, d/b/a Catfish Country, having been issued license number 3900935, shall pay an administrative fine in the amount of $2,000, due and payable to the Department of Business and Professional Regulation, Division of Hotels and Restaurants, within 30 calendar days of the date the final order is filed with the agency clerk. Respondent, Theoharris Liristis, having been issued license number 3900935, shall attend an educational program sponsored by the Hospitality Education Program. DONE AND ENTERED this 6th day of March, 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 6th day of March, 2006.
The Issue Whether Respondent is guilty of violating National Fire Protection Rule 10, 4-4.1, Sections 509.039 and 509.049, Florida Statutes, and Florida Administrative Code Rule 61C-4.023(1) as charged in the January 25, 2005, Administrative Complaint; and if so, what discipline is appropriate.
Findings Of Fact At all times material, Respondents, Lorenzo and Francenia Greene, held a 2014 license for "Fran's Floating Ribs" at North Market Street, in Webster, Florida, having been issued license numbr 7050128. Such licenses are issued and regulated by Petitioner, Department of Business and Professional Regulation, Division of Hotels and Restaurants (Agency). At all times material, Respondent's address was 524 North Market Street, Webster, Florida 33597. However, it appeared at hearing that the property and/or business has been sold since the Administrative Complaint was filed. At all times material, John Dancho was employed by the Agency as a Sanitation and Safety Specialist. Mr. Dancho has been an inspector for five years. Prior to that, he worked for a restaurant chain called the "Victoria Station Restaurants" for 11 years. Mr. Dancho has earned an AAS degree in hotel/restaurant management from Paul Smith College and a B.S. in hotel/restaurant management from Florida International University. When Mr. Dancho joined the Agency he was formally trained and standardized in the rules and laws regulating public lodging and food service. Additionally, Mr. Dancho has completed ongoing continuing education training for food service, lodging, and fire certification. Mr. Dancho conducts between 600 to 900 inspections for the Agency each year. On October 25, 2004, Mr. Dancho inspected the premises of Fran's Floating Ribs Restaurant. During the inspection, Mr. Dancho prepared a Food Service Inspection Report setting forth his findings. On that date, Mr. Dancho had observed that there was no proof on the premises of food manager certification and no proof of employee training done by the food manager. He also observed a fire extinguisher with a tag that was out-of-date. He further observed problems with the hot and cold water at the employee hand washing sink and that a light shield was missing from the lights inside the unit. Mr. Dancho informed Respondent, Lorenzo Greene, that the fire extinguisher violation needed correction by November 8, 2004; that the food manager's certification and employee training needed correction by November 25, 2004; and that Respondent had until the next routine inspection to correct the other violations. On January 10, 2005, Mr. Dancho re-inspected Fran's Floating Ribs Restaurant. During his inspection, Mr. Dancho prepared a Call Back/Re-inspection Report, setting forth his findings from the re-inspection. On January 10, 2005, Mr. Dancho observed that some of the violations that were in the warning status from the previous inspection, October 25, 2004, had been corrected, but that other violations had not yet been corrected. The hot water at the hand washing sink and the light shield had been corrected. However, Mr. Dancho observed that the following violations had not been corrected: lack of food manager certification on site; lack of employee training on site; portable extinguisher with an out-of-date tag; and no cold water at the hand washing sink. A critical violation is a violation of the utmost importance which needs immediate correction. A non-critical violation is a violation that is not a critical violation, but one that needs to be corrected over an acceptable period of time, usually thirty (30) days or three (3) months. Mr. Dancho testified that lack of proof of food manager certification is a critical violation, because a food manager must be able to ensure the proper operation, safety and sanitation of the unit. He also must be able to train employees in the proper handling of food procedures, and in sanitation and safety of the unit. On January 10, 2005, Mr. Dancho also observed that there was no proof on site of employee training by the certified food manager. Because the food manager is responsible for everything that goes on in the unit and the employees need to have the knowledge required for proper food handling and sanitation techniques, this, too, was a critical violation. On January 10, 2005, Mr. Dancho also observed a portable fire extinguisher with an out-of-date tag. He testified that this, too, was a critical violation. The Florida Fire Code requires fire extinguishers to be checked annually by a registered or certified technician to ensure that they are functional and will work, if needed. Without an up-to-date tag, it may be logically assumed that the fire extinguisher on the subject property had not been inspected within the current annual cycle. Apparently, Respondent's sister, G. Burgohy, was in charge of the premises and signed as receiving the call-back/re- inspection form from Mr. Dancho. (P-3.)
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 as follows: Requiring Respondent to pay an administrative penalty in the amount of $500.00, due and payable to the Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011, within 30 calendar days of the date this Order is filed with the Agency clerk, and Further, Respondent shall attend an educational program sponsored by the Hospitality Education Program. DONE AND ENTERED this 7th day of July, 2006, in Tallahassee, Leon County, Florida. S ELLA JANE P. DAVIS 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 7th day of July, 2006. COPIES FURNISHED: Jessica Leigh, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Suite 42 Tallahassee, Florida 32399-2202 Geneva Burgohy 557 Northwest 3rd Street Webster, Florida 33597 Lorenzo Greene Fran's Floating Ribs 12 Berry Court Mascotte, Florida 34753 George Luebkemann, Director Division of Hotels and Restaurants Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Josefina Tamayo, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202
