The Issue The issues are whether Respondents are guilty of violating Chapter 509, Florida Statutes, and Rule 61C, Florida Administrative Code, governing operation of a public food service establishment, and if so, what penalty should be imposed.
Findings Of Fact Petitioner is the state agency charged with regulating the operation of public food service establishments. At all times relevant here, Respondents were licensed to operate Mike's Munchies, a public food service establishment with seating capacity for 38 customers. Respondents operate Mike's Munchies under License Control No. 13-04489R. On August 26-28 and November 18, 1998, Petitioner's inspector visited Respondents' place of business. During these inspections, the inspector observed and documented numerous violations of the Food Code and/or Rule 61C, Florida Administrative Code. The August 26-28 and November 18, 1998, inspections resulted in the issuance of the Administrative Complaint in DOAH Case No. 01-2008. The Administrative Complaint charged Respondent's with violating five provisions of the Food Code and four provisions of the Florida Administrative Code. During the hearing, Petitioner presented clear and convincing evidence that Respondents were guilty of the following violations: (a) The hot dogs in the make table were at 53.2° Fahrenheit; (b) There was no certified food manager; The interior of the upright freezers and freezer compartment of the kitchen refrigerator were dirty; (d) The shelves behind the counter were dirty; (e) The walls, ceiling, floors and equipment were dirty; (f) The interior of the outside storage building was filled with junk and debris; (g) The shelves and storage areas throughout the establishment were cluttered with litter, debris, and non-food service related items; and (h) Two carbon dioxide tanks in the kitchen hallway were unsecured. During the inspections on August 26-28 and November 18, 1998, the inspector observed a dog in the establishment. The dog was not a prohibited animal because it was a "support animal" for Respondents' disabled son. On March 30, 2000, Petitioner's inspector visited Respondent's establishment. During this visit, the inspector observed numerous violations of the Food Code and/or Rule 61C, Florida Administrative Code. The inspector also noted that Mike's Munchies was below the minimum standards of a Florida food service establishment and had been below those standards for several prior inspections. At the conclusion of the March 30, 2000, inspection, the inspector gave Respondents a food service inspection report. The report stated that Respondents had failed to comply with previous inspections, and as a result thereof, Petitioner might issue a notice to show cause why Petitioner should not assess sanctions against Respondents' license. The March 30, 2000, inspection resulted in the issuance of the Administrative Complaint in DOAH Case No. 01-2006. The Administrative Complaint charged Respondents with violating five provisions of the Food Code and two provisions of the Florida Administrative Code. During the hearing, Petitioner presented clear and convincing evidence that Respondents were guilty of the following violations: (a) The interior of the upright freezer and the upright refrigerator was dirty and moldy; (b) The shelf under the counter was dirty, littered with paper, dirty clothing and junk; (c) The floors of the dishwashing room and the kitchen were dirty; (d) The grounds around the rear of the building were littered with debris; and (e) The shelves, worktable and corridor outside the walk-in cooler were dirty and littered with junk. On March 30, 2000, the dog inside the establishment was not a prohibited animal because it was a "support animal" for Respondents' disabled son. Additionally, the outside mop sink was not without the required water pressure because it had an inside turn-on value that provided water pressure to the sink on an as needed basis. On June 14, 2000, Petitioner's inspector performed a routine inspection at Respondents' place of business. During this visit, the inspector observed numerous violations of the Food Code and/or Rule 61C, Florida Administrative Code. On the June 14, 2000, food service inspection report, the inspector recommended that Petitioner issue an emergency order based upon a severe and immediate threat to the public. The June 14, 2000, inspection resulted in the issuance of the Administrative Complaint in DOAH Case No. 01-2007. The Administrative Complaint charged Respondents with violating one provision of the Food Code. During the hearing, Petitioner proved by clear and convincing evidence that all surfaces in Respondents' establishment were dirty to sight and touch.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That Petitioner enter a final order imposing administrative fines in the amount of $1,200 in DOAH Case No. 01-2006; $500 in DOAH Case No. 01-2007; and $8,000 in DOAH Case No. 01-2008, and suspending Respondents' license until they begin making monthly payments on said fines in a minimum amount as determined by Petitioner. DONE AND ENTERED this 7th day of September, 2001, in Tallahassee, Leon County, Florida. SUZANNE F. HOOD 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 September, 2001. COPIES FURNISHED: Charles McMahan Sandra McMahan 5324 Thomas Drive Panama City, Florida 32408 Claudia J. Pamperin, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2002 Charles F. Tunnicliff, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 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 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
Findings Of Fact The Respondent, Frank Schilleci, t/a Waffle Iron, is a food service establishment located at 13622 West Highway 98, Panama City Beach, Florida, holding license control no. 13- 01371R, issued by the Petitioner. On September 6, 1983, Mr. Frank Rodriguez, a qualified food service inspector from the Bay County Health Department, made an inspection of the Waffle Iron. During this inspection, the following four violations which are set forth in the Notice to Show Cause were found: All walls, ceiling and doors were not kept clean in violation of Rule 10D-13.28(2), Florida Administrative Code. All floors were not kept clean in violation of Rule 10D-13.28(1) of the Code. All non-food contact surfaces and equipment were not kept clean in violation of Rule 10D-13.26(4) of the Code. Adequate cleaning facilities were not provided in the garbage area in violation of Rule 10D-13.27(7) of the Code. The violations shown above as (a), (b) and (c) were described by the Inspector as major violations, while (d) was described as a minor violation. Further, the Inspector commented on each of these violations at the bottom of the Food Service Inspection Report, and indicated which section of the Florida Administrative Code applied in each instance. In this report the Inspector also notified the Waffle Iron that the violations must be corrected by September 13, 1983, and that the agency intends to file administrative charges against the Respondent's license based upon the results of this inspection. On September 13, 1983, the Inspector attempted to make a call-back inspection of the Waffle Iron's premises, but this reinspection was not made because of the Respondent's use of profanity. The call-back inspection was made on September 26, 1983, and this revealed that all violations from the inspection report of September 6, 1983, had been corrected. Nevertheless, administrative charges were filed in accordance with the agency's intent as expressed in the September 6, 1983, inspection report. The Respondent contends that the September 6, 1983, inspection was made during the Waffle Iron's busiest time, when it is serving breakfast, and that the restaurant is cleaned at least once each shift when the workload eases. However, the manager of the Waffle Iron candidly admitted that the "shelves looked dirty and were, but not excessively", that the "floors are hard to keep clean", and that "some areas were not clean." Other contentions of the Respondent relating to friction between himself and the Health Department's Inspector have been disregarded as uncorroborated self-serving assertions which were denied by the Inspector on rebuttal.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered finding the Respondent, Frank Schilleci, t/a Waffle Iron, guilty of four violations of Chapter 10D-13, Florida Administrative Code, as charged in the Notice to Show Cause, and that an administrative fine be assessed against this Respondent in the amount of $200 for each of the three major violations, and $100 for the minor violation, for a total of $700. THIS RECOMMENDED ORDER entered on this 29th day of February, 1984, in Tallahassee, Florida. WILLIAM B. THOMAS Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904)488-9675 FILED with the Clerk of the Division of Administrative Hearings this 29th day of February, 1984. COPIES FURNISHED: Thomas L. Barnhart, Esquire 725 South Bronough Street Tallahassee, Florida 32301 Harold F.X. Purnell, Esquire General Counsel Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Russell R. Stewart, Esquire Post Office Box 2542 Panama City, Florida 32402 Gary S. Rutledge, Secretary Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Sherman S. Winn, Director Division of Hotels and Restaurants Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301
The Issue Whether Respondent committed the violations set forth in the Administrative Complaint, and, if so, what penalty should be imposed.
Findings Of Fact At all times material to this case, the Restaurant was a licensed public food service establishment located at 9472 South Orange Blossom Trail, Orlando, Florida. The Restaurant was first licensed in January 2006, and its food service license number is 5811536. Petitioner is the state agency charged with the regulation of hotels (public lodging establishments) and restaurants (public food service establishments) pursuant to chapter 509. Sandra Hopper is a sanitation and safety specialist for Petitioner. Ms. Hopper has worked for Petitioner for one and one-half years. Prior to working for Petitioner, Ms. Hopper worked in the hospitality industry for over 20 years in various positions. Additionally, she was an instructor at a hospitality school. Ms. Hopper received Petitioner's standardized training on the laws and rules governing public food service establishments.4/ Ms. Hopper is a certified food manager and obtains monthly in-house training from Petitioner on her job duties. Through the testimony of Ms. Hopper and the exhibits introduced into evidence during the final hearing, Petitioner presented clear and convincing evidence that as of April 14, 2011, the following critical deficiencies existed at the Restaurant: (1) food was stored on the floor (raw chicken, flour, onions, and beverages) contrary to Rule 3-305.11, FC; food was left uncovered in the holding unit (gelatin or jello was left uncovered) contrary to Rule 3-302.11(A)(4), FC; every handwashing sink was blocked from usage (the employees could not wash their hands at the handwashing sinks) contrary to Rule 5-205.11(A), FC; (4) there were no handwashing signs posted at each sink contrary to Rule 6-301.14, FC; and (5) food that was removed from its original containers was not properly identified by their common names in other containers contrary to Rule 3- 302.12, FC. Critical violations are those violations that, if uncorrected, are most likely to contribute to contamination, illness or environmental health hazards, and present an immediate threat to public safety. Also, through the testimony of Ms. Hopper and the exhibits introduced into evidence during the final hearing, Petitioner presented clear and convincing evidence that, as of April 14, 2011, the following non-critical deficiencies existed at the Restaurant: (1) equipment was in poor repair contrary to Rules 4-501.11, 4-501.12, and 4-101.11, FC; (2) old food was stuck to clean dishware and utensils contrary to Rule 4-603.12, FC; (3) non-food contact surfaces were soiled contrary to Rule 4- 601.11(C), FC; (4) clean equipment was improperly stored contrary to Rules 4-903.11(B) and 4-903.12(A), FC; (5) building and fixtures were in poor repair contrary to rule 61C-1.004(6); and (6) carbon dioxide/helium tanks were not adequately secured contrary to rule 61C-1.004(7). None of the other putative violations mentioned in the inspection or re-inspection reports (Petitioner's Exhibits 2 and 3) were addressed at final hearing. Therefore, those are irrelevant to this proceeding. On September 21, 2010, a Final Order (based on a Stipulation and Consent Order) was issued to the Restaurant regarding a May 28, 2008, Administrative Complaint. This Administrative Complaint was based on Restaurant inspections that were conducted on September 5, 2007; February 19, 2008; February 21, 2008; and April 25, 2008. Some of the issues therein are repeat violations. On September 21, 2010, a Final Order on Waiver was issued to the Restaurant regarding a June 10, 2010, Administrative Complaint. This Administrative Complaint was based on Restaurant inspections that were conducted on December 3, 2009; March 16, 2010; and June 4, 2008. The issues therein are not the same violations found in the current issues.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation, Division of Hotels and Restaurants, enter a final order finding the Restaurant guilty of violating five critical and six non-critical Food Code or rule standards and imposing a suspension of the Restaurant's license for four consecutive days. The suspension shall begin on the fortieth day after the final order is filed with Petitioner's agency clerk. DONE AND ENTERED this 23rd day of August, 2012, in Tallahassee, Leon County, Florida. S LYNNE A. QUIMBY-PENNOCK 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 23rd day of August, 2012.
