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Scotts On Fifth

Scotts On Fifth
141 5th Ave
Indialantic, FL 32903
(321)729-9779

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No (0) Emergency Closure Orders Since October 2008
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1 Disciplinary Activity Orders Since January 2007

NoticeThe Division of Hotels and Restaurants conducts regular inspections of public food service establishments to assure compliance with state sanitation and safety laws.

Scotts On Fifth either allowed conditions to exist that pose an immediate threat to the public's health and safety or repeatedly did not correct non-critical violations noted during routine and call-back inspections, despite being given oral and written warnings and ample time to do so.

Each of the listed cases involves either a signed stipulation (“settlement”) between the Department of Business and Professional Regulation (DBPR) and Scotts On Fifth or a Final Order issued after a formal administrative hearing has been conducted. Section 509.261, Florida Statutes, authorizes the Division of Hotels and Restaurants to fine, suspend or revoke the license of establishments that do not comply with state health and safety laws.


Case Number: 4--2007000629 - On July 13, 2007 Scotts On Fifth, Indialantic was ordered to pay $250 for violations observed during its December 15, 2006 inspection.

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No (0) Food Misrepresentation Cases Since March 2006
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1 Food Service Inspection Since July 1, 2014
Inspection For: SCOTTS ON FIFTH
License Number: 1505749
License ID: 3304788
Inspection Visit ID: 5299508
Inspection Date: Thursday, August 14, 2014
Inspection Number: 2405349
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.
Total Number of Violations: 4
Number of High Priority Violations: 0
Number of Intermediate Violations: 0
Number of Basic Violations: 4
Details
ViolationObservations of Inspector [as written on inspection]
36-32-4 Basic.Ceiling tiles in kitchen peeling away. Kitchen
14-09-4 Basic.Cutting board has cut marks and is no longer cleanable. Operator discarded.
24-05-4 Basic.Utensils not stored inverted or in a protected manner.
36-30-4 Basic.Wall not smooth, nonabsorbent and easily cleanable in food preparation, food storage, warewashing areas. Becoming pitted

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3 Food Service Inspections for July 1, 2013 - June 30, 2014
Inspection For: SCOTTS ON FIFTH
License Number: 1505749
License ID: 3304788
Inspection Visit ID: 5248126
Inspection Date: Thursday, May 29, 2014
Inspection Number: 2384210
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.
Total Number of Violations: 4
Number of High Priority Violations: 0
Number of Intermediate Violations: 1
Number of Basic Violations: 3
Details
ViolationObservations of Inspector [as written on inspection]
13-03-4 Basic.Employee with no hair restraint while engaging in food preparation.
08B-38-4 Basic.Food stored on floor. Box of tomatoes **Corrected On-Site**
24-18-4 Basic.Silverware/utensils stored upright with the food-contact surface up.
02C-02-4 Intermediate.Ready-to-eat, potentially hazardous (time/temperature control for safety) food prepared onsite and held more than 24 hours not properly date marked.

Inspection For: SCOTTS ON FIFTH
License Number: 1505749
License ID: 3304788
Inspection Visit ID: 4984729
Inspection Date: Monday, January 27, 2014
Inspection Number: 2303727
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.
Total Number of Violations: 1
Number of High Priority Violations: 0
Number of Intermediate Violations: 0
Number of Basic Violations: 1
Details
ViolationObservations of Inspector [as written on inspection]
14-09-4 Basic.Cutting board has cut marks and is no longer cleanable.

Inspection For: SCOTTS ON FIFTH
License Number: 1505749
License ID: 3304788
Inspection Visit ID: 4984730
Inspection Date: Friday, September 13, 2013
Inspection Number: 2303728
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.
Total Number of Violations: 3
Number of High Priority Violations: 0
Number of Intermediate Violations: 1
Number of Basic Violations: 2
Details
ViolationObservations of Inspector [as written on inspection]
36-36-4 Basic.Ceiling tiles peeling away
21-32-4 Basic.Cloth used as a food-contact surface. Removed and applied cheese cloth **Corrected On-Site**
31A-09-4 Intermediate.Handwash sink not accessible for employee use at all times. **Corrected On-Site**

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3 Food Service Inspections for July 1, 2012 - June 30, 2013
Inspection For: SCOTTS ON FIFTH
License Number: 1505749
License ID: 3304788
Inspection Visit ID: 4984730
Inspection Date: Friday, September 13, 2013
Inspection Number: 2303728
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.
Total Number of Violations: 3
Number of High Priority Violations: 0
Number of Intermediate Violations: 1
Number of Basic Violations: 2
Details
ViolationObservations of Inspector [as written on inspection]
36-36-4 Basic.Ceiling tiles peeling away
21-32-4 Basic.Cloth used as a food-contact surface. Removed and applied cheese cloth **Corrected On-Site**
31A-09-4 Intermediate.Handwash sink not accessible for employee use at all times. **Corrected On-Site**

Inspection For: SCOTTS ON FIFTH
License Number: 1505749
License ID: 3304788
Inspection Visit ID: 4681727
Inspection Date: Friday, April 12, 2013
Inspection Number: 2201400
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.
Total Number of Violations: 6
Number of High Priority Violations: 2
Number of Intermediate Violations: 1
Number of Basic Violations: 3
Details
ViolationObservations of Inspector [as written on inspection]
31B-04-4 Basic.No handwashing sign provided at a hand sink used by food employees. At bar hand wash sink. **Corrected On-Site**
12B-13-4 Basic.Opened employee beverage container in a cold holding unit with food to be served to customers. **Corrected On-Site**
36-43-4 Basic.Several ceiling tiles loose in the kitchen
03A-02-4 High Priority.Potentially hazardous (time/temperature control for safety) food cold held at greater than 41 degrees Fahrenheit. Found variation of food temperatures 40? to 57? in refrigerator. Refrigerator temperature varied 40? to 59? Product rearranged to get better airflow, observed 10? degrees colder. Food greater than 47? were willingly discarded.
08A-05-4 High Priority.Raw animal food stored over ready-to-eat food. **Corrected On-Site**
31A-03-4 Intermediate.Handwash sink not accessible for employee use due to items stored in the sink. **Corrected On-Site**

Inspection For: SCOTTS ON FIFTH
License Number: 1505749
License ID: 3304788
Inspection Visit ID: 4681728
Inspection Date: Tuesday, September 25, 2012
Inspection Number: 2201401
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.
Total Number of Violations: 1
Number of Critical/Risk Violations: 1
Number of Noncritical Violations: 0
Details
ViolationObservations of Inspector [as written on inspection]
53B-08-1 Critical.- No proof of required employee training provided. To order approved program food safety material, call DBPR?#ontracted provider: Florida Restaurant & Lodging Association (SafeStaff) 866-372-7233. Employee is new hire no warning issued

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2 Food Service Inspections for July 1, 2011 - June 30, 2012
Inspection For: SCOTTS ON FIFTH
License Number: 1505749
License ID: 3304788
Inspection Visit ID: 4342350
Inspection Date: Thursday, February 09, 2012
Inspection Number: 2094037
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.
Total Number of Violations: 1
Number of Critical/Risk Violations: 1
Number of Noncritical Violations: 0
Details
ViolationObservations of Inspector [as written on inspection]
53B-08-1 Critical. No proof of required employee training provided. All public food service establishments must provide the division with proof of employee training upon request, including, but not limited to, at the time of any division inspection of the establishment. New employee

Inspection For: SCOTTS ON FIFTH
License Number: 1505749
License ID: 3304788
Inspection Visit ID: 4342351
Inspection Date: Friday, August 12, 2011
Inspection Number: 2094038
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.
Total Number of Violations: 3
Number of Critical/Risk Violations: 2
Number of Noncritical Violations: 1
Details
ViolationObservations of Inspector [as written on inspection]
05-09-1 Critical. No conspicuously located thermometer in holding unit. RIC
14-37-1 Observed cutting board grooved/pitted and no longer cleanable.
45-38-2 Critical. Portable fire extinguisher not fully charged. For reporting purposes only. K class in kitchen

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2 Food Service Inspections for July 1, 2010 - June 30, 2011
Inspection For: SCOTTS ON FIFTH
License Number: 1505749
License ID: 3304788
Inspection Visit ID: 3942682
Inspection Date: Tuesday, April 19, 2011
Inspection Number: 1948270
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.
Total Number of Violations: 1
Number of Critical/Risk Violations: 1
Number of Noncritical Violations: 0
Details
ViolationObservations of Inspector [as written on inspection]
50-06-1 Critical. License expired within 30 days after expiration date.

Inspection For: SCOTTS ON FIFTH
License Number: 1505749
License ID: 3304788
Inspection Visit ID: 3942683
Inspection Date: Tuesday, November 16, 2010
Inspection Number: 1948271
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.
Total Number of Violations: 0
Number of Critical/Risk Violations: 0
Number of Noncritical Violations: 0

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2 Food Service Inspections for July 1, 2009 - June 30, 2010
Inspection For: SCOTTS ON FIFTH
License Number: 1505749
License ID: 3304788
Inspection Visit ID: 3606844
Inspection Date: Tuesday, May 11, 2010
Inspection Number: 1837542
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.
Total Number of Violations: 0
Number of Critical/Risk Violations: 0
Number of Noncritical Violations: 0

Inspection For: SCOTTS ON FIFTH
License Number: 1505749
License ID: 3304788
Inspection Visit ID: 3606845
Inspection Date: Friday, December 18, 2009
Inspection Number: 1837543
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.
Total Number of Violations: 0
Number of Critical/Risk Violations: 0
Number of Noncritical Violations: 0

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3 Food Service Inspections for July 1, 2008 - June 30, 2009
Inspection For: SCOTTS ON FIFTH
License Number: 1505749
License ID: 3304788
Inspection Visit ID: 3548946
Inspection Date: Tuesday, June 23, 2009
Inspection Number: 1656161
Visit Number: 2
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Call Back - Complied - Return visit from a previous warning found violations to be corrected.
Total Number of Violations: 0
Number of Critical/Risk Violations: 0
Number of Noncritical Violations: 0

Inspection For: SCOTTS ON FIFTH
License Number: 1505749
License ID: 3304788
Inspection Visit ID: 3167530
Inspection Date: Monday, April 20, 2009
Inspection Number: 1656161
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Warning Issued - Sanitary and/or safety conditions require the inspector to return in the near future to ensure corrective action has been taken for violations found.
Total Number of Violations: 1
Number of Critical/Risk Violations: 1
Number of Noncritical Violations: 0
Details
ViolationObservations of Inspector [as written on inspection]
53A-19-1 Critical. Observed expired Food Manager Certification. This violation must be corrected by : 06/20/09.

Inspection For: SCOTTS ON FIFTH
License Number: 1505749
License ID: 3304788
Inspection Visit ID: 3167531
Inspection Date: Thursday, November 20, 2008
Inspection Number: 1656162
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.
Total Number of Violations: 1
Number of Critical/Risk Violations: 1
Number of Noncritical Violations: 0
Details
ViolationObservations of Inspector [as written on inspection]
02-13-2 Critical. Required consumer advisory for raw/undercooked animal food not provided. Corrected On Site.

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2 Food Service Inspections for July 1, 2007 - June 30, 2008
Inspection For: SCOTTS ON FIFTH
License Number: 1505749
License ID: 3304788
Inspection Visit ID: 2923365
Inspection Date: Thursday, May 08, 2008
Inspection Number: 1585169
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.
Total Number of Violations: 0
Number of Critical/Risk Violations: 0
Number of Noncritical Violations: 0

Inspection For: SCOTTS ON FIFTH
License Number: 1505749
License ID: 3304788
Inspection Visit ID: 2923366
Inspection Date: Friday, December 07, 2007
Inspection Number: 1585170
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.
Total Number of Violations: 7
Number of Critical/Risk Violations: 2
Number of Noncritical Violations: 5
Details
ViolationObservations of Inspector [as written on inspection]
02-22-1 Critical. Ready-to-eat, potentially hazardous food prepared on site and held more than 24 hours with not properly date marked. Crab salad in RIC
21-12-1 Wet wiping cloth not stored in sanitizing solution between uses.
24-07-1 Cleaned and sanitized equipment, utensils, linens or single-service not properly stored. Spatchula's,spoons in a bucket on shelf in kitchen
32-16-1 Critical. Hand wash sink lacking proper hand drying provisions. Kitchen Corrected On Site.
51-13-1 No Heimlich maneuver sign posted.
51-18-1 No copy of latest inspection report.
56-01-1 Copy of Florida Statute 509 not available in the establishment.

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3 Food Service Inspections for July 1, 2006 - June 30, 2007
Inspection For: SCOTTS ON FIFTH
License Number: 1505749
Inspection Date: Tuesday, March 27, 2007
Inspection Number: 1528056
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.
Total Number of Violations: 1
Number of Critical/Risk Violations: 1
Number of Noncritical Violations: 0
Details
1 violation of code 22 which requires:
  • “Food contact surfaces clean and sanitized.”

Inspection For: SCOTTS ON FIFTH
License Number: 1505749
Inspection Date: Tuesday, December 19, 2006
Inspection Number: 1512043
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Call Back - Complied - Return visit from a previous warning found violations to be corrected.
Total Number of Violations: 0
Number of Critical/Risk Violations: 0
Number of Noncritical Violations: 0

Inspection For: SCOTTS ON FIFTH
License Number: 1505749
Inspection Date: Friday, December 15, 2006
Inspection Number: 1512044
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Administrative complaint recommended - Existence of critical violations found in an initial inspection require administrative action to ensure compliance.
Total Number of Violations: 10
Number of Critical/Risk Violations: 9
Number of Noncritical Violations: 1
Details
2 violations of code 22 which requires:
  • “Food contact surfaces clean and sanitized.”
1 violation of code 23 which requires:
  • “Non-food contact surfaces clean.”
2 risk violations of code 32 which requires:
  • “Restrooms with self-closing doors, fixtures operate properly, facility clean, supplied with hand soap, disposable towels or hand drying devices, tissue, covered waste receptacles.”
2 critical violations of code 35 which requires:
  • “35a - Presence of insects/rodents. Animals prohibited.”
  • “35b - Outer openings protected from insects, rodent proof.”
1 critical violation of code 45 which requires:
  • “Fire extinguishers - proper and sufficient (For Reporting Purposes Only)”
2 critical violations of code 47 which requires:
  • “Electrical wiring - adequate, good repair (For Reporting Purposes Only)”

NoticeEach restaurant inspection report is a “snapshot” of conditions present at the time of the inspection. On any given day Scotts On Fifth in Indialantic Florida may have fewer or more violations than noted in their most recent restaurant inspection. An inspection conducted on any given day may not be representative of the overall, long-term conditions at Indialantic's Scotts On Fifth.

A summary of violations found during inspections are listed in the Food Service Inspection boxes above. Cited are violations of Florida's sanitation and safety laws, which are based on the standards of U.S. Food and Drug Administration's Food Code.

Effective January 1, 2013, the Florida Division of Hotels and Restaurants adopted a new three-tiered violation classification system that replaces the "critical" or "non-critical" classification in use up until then. The new system uses the terms "High Priority," "Intermediate" and "Basic" which better define violation information for consumers, making it easier to understand.

In general, High Priority violations are those which could contribute directly to a foodborne illness or injury. Although the Department of Business and Professional Regulation (DBPR) uses the term "High Priority", varying degrees of severity and potential risk to the public require inspectors to assess each situation in determining the appropriate action. In addition, while Scotts On Fifth may have multiple violations, the inspectors' training and judgment formulate the overall result of the inspection to ensure public health and safety.

Intermediate violations are those which, if not addressed, could lead to risk factors that contribute to foodborne illness or injury. Basic violations are those which are considered best practices to implement.

Formally, Critical violations were those that, if not corrected, were more likely to contribute directly to food contamination, illness or environmental damage. Noncritical violations did not directly relate to foodborne illness risk, but were preventive measures that included practices and procedures which effectively controled environmental conditions. Left uncorrected, noncritical violations could undermine the overall food safety program of an establishment and lead to the development of critical violations.

While most establishments correct all violations in a timely manner (often during the inspection), the division's procedures are designed to compel compliance with all violations through follow-up visits, administration action or closure when necessary.

Violations listed refer to the revelant section of Florida regulation that has been observed to be deficient during the inspection. Each establishment must comply with the language of the inspection statement. For purposes of enforcement and compliance, the DBPR recognizes the status as printed on the inspection form, although the severity of the violation observed may warrant additional action regardless of its "High Priority/Intermediate/Basic" or "critical/noncritical" designation.


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