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Action 9 Restaurant Investigation Prompts Change In State Policy

POSTED: 11:28 am EDT May 2, 2008
UPDATED: 4:40 pm EDT May 5, 2008

Just one week after Action 9 exposed local restaurants that kept flunking safety inspections, the state is now cracking down on the worst offenders. For the first time since Action 9's restaurant investigations began 11 years ago, the state will close restaurants that keep failing inspections.


VIDEO REPORT: Action 9 Restaurant Investigation Prompts Change In Policy
DIRTY DINING: Most-Cited List, Worst Restaurant Ever Video
SLIDESHOW: View Images From Action 9's Restaurant Investigation

Our investigation had uncovered roaches, spoiled mystery meat, and cooking utensils stored in trash buckets when Action 9 went behind the kitchen doors of local restaurants that had the most violations. It was no surprise to Lisa Parker of Apopka, who said a Mexican restaurant that kept a horrible record, made her sick.

"I've had food poisoning before, this was absolutely the very worst," she said.

Parker later discovered the restaurant she visited had failed state inspections many times.

"The state isn't doing enough to keep these restaurants clean," Parker said.

In Tallahassee, the director of Florida's Division of Hotels and Restaurants, Bill Veach, said the inspection program is solid and getting better.

"They (consumers) should believe in the inspection process because it's one of the best in the country," Veach said. He says the worst violators pay stiff fines that force change.

But that's not what an Action 9 investigation uncovered inside China Buffet in Winter Park. It was one of the many top violators (view list) that had paid stiff fines and then kept flunking state inspections. A former restaurant inspector working as an Action 9 consultant would have issued a warning the day we visited.

Even though Veach would not admit repeat offenders were a big problem, he did say the state is making a big change. For the first time, regulators say they have a plan to make rule-breakers change or close. It's a new department rule called "Three Strikes and You're Out." Starting in May, if a restaurant is fined three times in two years, it will lose its license. According to Veach, the new rule sets a very high standard.

"They do need to come into compliance or they will pay a price," he said.

Food safety expert Roy Costa thinks Action 9 investigations helped change that policy.

"Oh, I know you did. They can't walk away from pictures worth a thousand words," Costa said.

Under the new rule, several restaurants on Action 9's top offenders list would have lost their licenses.

"Hundreds of restaurants could be closed for three strikes, have their license pulled, and not be allowed to operate," Costa said.

The Action 9 investigation also found the state failed to inspect nearly 3,000 local restaurants twice a year as the law requires. Legislation is under review right now in the Florida House and Senate that would authorize funding to hire a dozen new inspectors. In a lean budget year, that faces an uphill fight.


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