Sep 3 2010 14:45 aq/a2/2ale 89:13 8584146749 DEPR OGA PAGE 83/86 State of Florida Department of Business and Professional Reguiation Division of Hatels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, V5, License Number 5810518 SUPER 8 MoTEY 4 License Type 2010 espon on Case Number 2009064593 —_ Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against SUPER § MOTEL, (‘Respondent’), and says: ; 4. Petitioner is the state agency charged with regulating the operation of public lodging establishments and publi food service establishments, pursuant to Section 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 5900 AMERICAN Way, ORLANDO, FLORIDA 32819, The mailing address of record is SUPER & MOTEL, at 5900 AMERICAN WAY, ORLANDO, FLORIDA 32819. 3. Inspection of this establishment conducted pursuant to Sea, 509,032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing operation of the establishment, The violation(s) found and applicable law is described In Exhibit "A," attached hereto and incorporated herein by reference, Inspection documents are attached as Exhibit “B", incorporated herein by reference. WHEREFORE, Petitioner respectfully requests entry ofan Order imposing one or more of the following penalties: administrative fine not to axceed $1,000 per offense, suspension, revoca i issued pursuant to this Chapter, and/or any other relief authored 5 Tules promulgated thereto. Signed December 18, 2009 Anggle Comagher for Voleria Freanivar: COUNSEL FOR THE DEPARTMENT: oN Marc Drexler, Lead Attorney - Florida Bar No. 0487058 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 92399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been 9, hand served by me on this. day of : Received by: Inspector's Signature Operator's Signature i Title Title Case Number; 2009064593 File Number: 211897 District Number: 04 Licanse Number: §810818 2010 Forn revised 10.16.09 SUPER & MOTEL Sep 3 2010 14:45 aq/a2/2ale 89:13 8584146749 DEPR OGA PAGE @4/@6 Exhibit A License Number: 5810518 Licange Type: 2010 PERMANENT FOOD SERVICE Case Number: 2009064693 FC as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code. NEPA as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 44-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Gode. * denotes a critical violation. Itig alleged that on November 25, 2008, April 23, 2009, Navember 4, 2009 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the following particulars. Copy(s} af the report(s) for the abave referenced inspection(s) are attached hereto and Incorporated by reference as Exhibit B. * 4,03407-1 3-501.46(A) FC: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME |S USED AS THE PUBLIG HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501,19, AND EXCEPT AS SPECIFIED IN PARAGRAPH (8) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED: (1) AT 135 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH $-401.11(B) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403.11(E) MAY BE HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE, OR (2) ATA TEMPERATURE SPECIFIED IN THE FOLLOWING: (A) 41 DEGREES FAHRENHEIT OR LESS; MILK WAS 60 DEGREES FAHRENHEIT. (OBSERVED 11/25/08, 4/23/09, AND 11/4/09), * 9 81 509.261 REVOCATION OR SUSPENSION OF LICENSES; FINES; PROCEDURE. (1) ANY PUBLIC LODGING ESTABLISHMENT THAT HAS OPERATED OR IS OPERATING IN VIOLATION OF THIS CHAPTER OR THE RULES OF THE DIVISION, OPERATING WITHOUT A LICENSE, OR OPERATING WITH A SUSPENDED OR REVOKED LICENSE MAY BE SUBJECT BY THE DIVISION TO: (A) FINES NOT TO EXCEED $1,000 PER OFFENSE, (B) MANDATORY ATTENDANCE, AT PERSONAL EXPENSE, AT AN EDUCATIONAL PROGRAM SPONSORED BY THE HOSPITALITY EDUCATION PROGRAM: AND (C) THE SUSPENSION, REVOCATION, OR REFUSAL OF A LICENSE ISSUED PURSUANT TO THIS CHAPTER. (2) FOR THE PURPOSES OF THIS SECTION, THE DIVISION MAY REGARD AS 4 SEPARATE OFFENSE EACH DAY OR PORTION OF A DAY ON WHICH AN ESTABLISHMENT IS OPERATED IN VIOLATION OF A "CRITICAL LAW OR RULE,” AS THAT TERM IS DEFINED BY RULE. THE FACILITY WAS FOUND OPERATING ON 11/4/09 AFTER BEING ORDERED TO CLOSE ON 11/3/09. CUSTOMERS WERE OBSERVED TOASTING BREAD, SERVING CEREAL, AND DISPENSING MILK AND GEREAL. (OBSERVED 11/4/09). * denotes critical violation District: 04 Case Number, 2009064593 Licanse Type: 2010 License Number: 6810518 Fila Number: 211887 SUPER 8 MOTEL Sep 3 2010 14:45 aq/a2/2ale 89:13 8584146749 DEPR OGA PAGE 85/86 Exhibit A 3, 61 509.261 REVOCATION OR SUSPENSION OF LICENSES: FINES; PROCEDURE. (3) THE DIVISION SHALL POST A PROMINENT CLOSED-FOR-OPERATION SIGN ON ANY PUBLIC LODGING ESTABLISHMENT OR PUBLIC FOOD SERVICE ESTABLISHMENT, THE LICENSE OF WHICH HAS BEEN SUSPENDED OR REVOKED. THE DIVISION SHALL ALSO POST SUCH SIGN ON ANY ESTABLISHMENT JUDICIALLY OR ADMINISTRATIVELY DETERMINED TO BE OPERATING WITHOUT A LICENSE. ITIS A MISDEMEANOR OF THE SECOND DEGREE, PUNISHABLE AS PROVIDED IN S. 775.082 OR S. 775.083, FOR ANY PERSON TO DEFACE OR REMOVE SUCH CLOSED-FOR-OPERATION SIGN OR FOR ANY PUBLIC LODGING ESTABLISHMENT OR PUBLIC FOOD SERVICE ESTABLISHMENT TO OPEN FOR OPERATION WITHOUT A LICENSE OR TO BE OPEN FOR OPERATION WHILE ITS LICENSE |S SUSPENDED OR REVOKED. THE DIVISION MAY IMPOSE ADMINISTRATIVE SANCTIONS FOR VIOLATIONS OF THIS SECTION. THE FACILITY HAD REMOVED THE CLOSURE SIGN THAT HAD BEEN POSTED THE PREVIOUS DAY. (OBSERVED 11/4/09). * denotes critical violation District: 04 Case Number: 2009064593 License Type: 2010 License Number: 5810518 File Number: 211887 SUPER 8 MOTEL

Docket for Case No: 10-008903