Received Event (Event Succeeded) Date: 10/1/2004 Time: 11:59 AM Pages: 26 Duration: 8 min 30 sec Sender: 8504146749 Company: Fav Number: Guhiact- . 18/01/2004 12:18 9504146749 DBPR OGA PAGE 89 Tt Feb 03 04 06:02p p-l STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, a Patitioner, cf. 26 v ) PLANTATION CAFE License No. 6304473 Respondent. License Type 2010 l Case No. 2003089599 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against PLANTATION CAFE, (*Respondent’), and says: 1. Petitioner is the state agency charged with regulating the operation of public lodging establishments and public food service establishments, pursuant to Sec, 20,165 and Chapter 509, Florida Statutes. 2. Respondent is, and has been at all times material hereto, licensed by or subject to the Jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record Is 5369 SOCRUM - LOOP RD, LAKELAND, FL 33809, The mailing address of record is DAVAR RESTAURANT GROUP INC, 5369 N SOCRUM LOOP RD, LAKELAND, FL 33809. 3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisions of Chapter 609, Florida Statutes, and / or the rules promulgated thereto governing operation of the establishment. The violation(s) found and applicable law are described in Exhibit "A", attached hereto and incorporated herein by reference. WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties: administrative fine not to exceed $1000 per offense; mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Education Program; suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Fiorida Statutes, or the rules promulgated thereto. Signed November 05, 2003 Joe Perez, istrict Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Gail Scott-Hill, Senior Attomey Florida Bar No. 0909289 Department of Business & Professianal Regulation 41940 North Monroe Street, Tallahassee, Flarida 32399-1007 Telephone 860 - 488-3140 / Facsimile 850 - 488-5074 CERTIFICATE OF SERVICE BY CERTIFIED U.S, MAIL, ARTICLE NUMBER:_7003-1680-0005-2374-3234 [HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2003. Received by: Inspector's Signature Operator's Signature Tite Title Case No: 2003089599 Revised 10/20/2003 License No: 8304473 Business Name: PLANTATION GAFE License Type: 2010 District No: 3 Received Event (Event Succeeded) Date: 10/1/2004 Time: 11:59 AM Pages: 26 Duration: 8 min 30 sec Sender: 8504146749 Company: Fey Numhar- Guhiact- Ti 10/01/2884 12:18 9584146749 DBPR OGA PAGE License #: 3911386 License Type: 2010 Case #, 2003089559 Exhibit A “EC” as cited herein references specific provisions of the 1999 Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code, ‘NFPA’ as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, “Fire Prevention, General Provisions”, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. It is alleged that on August 28, 2003 and September 29, 2003, the licensee was in violation of Florida Statute 809(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the following particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. 4. *45-10 NFPA 10, 4-4.1 Extinguishers shail be subjected to maintenance, not more than one year apart. OBSERVED FIRE EXTINGUISHERS LAST TAGGED ON JULY, 2001. MUST BE INSPECTED EVERY TWELVE MONTHS. 2, *53A-01 §09,039FS& All managers employed by a food service establishment must have 61C-4.023(1) passed [the food service manager] test and received a certificate FAC attesting thereto. Managers have a period of 90 days after employment to pass the required test. All managers who are responsible for the storage, preparation, display, and serving of foods to the public shall have passed a certification test approved by the division demonstrating a basic knowledge of food protection practices as adopted in this chapter. Those managers who successfully pass an approved certification examination shall be issued a certificate by the certifying organization, which is valid for a period of five years from the date of issuance. OBSERVED FOOD MANAGER CERTIFICATON PRESENT ON PREMISES EXPIRED ON OCTOBER 9, 2002. *denotes critical violation Exhibit A Page 1 of 1 10

Docket for Case No: 04-003582