The Issue The issues in the case are whether the allegations of the Administrative Complaint are correct, and, if so, what penalty should be imposed.
Findings Of Fact The Petitioner is the state agency charged with regulation of hotels and restaurants pursuant to Chapter 509, Florida Statutes (2007). At all times material to this case, the Respondent was a restaurant holding Food Service license number 5803705 and operating at 29 South Semoran Boulevard, Orlando, Florida 32807. On October 23, 2007, Alphonso Rullan, a sanitation safety specialist employed by the Petitioner, performed a routine inspection of the Respondent at which time there were employees engaged in food preparation. At the time of the October 23 inspection, the Respondent was unable to provide any evidence that the employees had received training in food safety protection. Mr. Rullan also observed during the October 23 inspection that the interior of the microwave oven was soiled with crusted food material indicating that the oven was not being routinely cleaned at least every 24 hours. Mr. Rullan noted the deficiencies in an inspection report, a copy of which was provided to the manager, who was identified as "Victor Montenegro." On January 11, 2008, Mr. Rullan returned to the Respondent to perform a call back inspection, during which the Respondent was still unable to provide evidence that employees had received training in food safety protection. Mr. Rullan again observed that the microwave oven was soiled with crusted food material indicating that the oven was not being cleaned at least every 24 hours. The deficiencies were cited in an inspection report which was provided to Mr. Lopez at the time of the inspection. On February 8, 2008, the Petitioner issued an Administrative Complaint against the Respondent for failure to correct the deficiencies cited herein.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation enter a final order imposing a fine of $1,000 against the Respondent and requiring the Respondent to complete an appropriate educational program related to the violations identified herein. DONE AND ENTERED this 5th day of September, 2008, in Tallahassee, Leon County, Florida. S WILLIAM F. QUATTLEBAUM 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 5th day of September, 2008.
