State of Florida Department of Business and Professional Regulation Diviston of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. . P License Number. 2321497 Ml CAFETERIA spondent License Type 2010 espon , Case Number 2010048654 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against Ml CAFETERIA, (“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 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 13349 SW 42 ST, MIAMI, FLORIDA 33175,The mailing address of record is MI CAFETERIA, at 13349 SW 42 ST, MIAMI, FLORIDA 33176, 3. Inspection of this establishment conducted pursuant to Sec. 609.032, 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. Inspection documents are attached as Exhibit "B’, 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 $1,000 per offense, suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed September 29, 201 Carlos Lezcano, Deputy Dj frict Manager By delegation of the Director, or designee Division of Hotels & Restaurants * Department of Business & Professional Regulation . COUNSEL FOR THE DEPARTMENT: - : Marc Drexler, Lead Attorney —~ Florida Bar No, 0487058 . Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Cortificate of Service BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: 7160 3901 9848 6921 9067 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2010. Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2010048651 File Number: 112000 District Number: 01 License Number: 2321497 2010 Form revised 10.15.09 MI CAFETERIA Filed September 20, 2011 9:44 AM Division of Administrative Hearings Exhibit A License Number: 2321497 License Type: 2010 PERMANENT FOOD SERVICE , Case Number: 2010048651 . “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, "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, “" denotes a critical violation. It Is alleged that on May 3, 2010, and September 9, 2010, 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) of the report(s) for the above referenced inspectlon(s) are attached hereto and incorporated by reference as Exhibit B, . * 4.08A-07-1 3-501.16(A) FC:: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501.19, AND EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED; (1) AT 185 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN.PARAGRAPH 3-401.11(B) OR. REHEATED AS SPECIFIED IN PARAGRAPH 3-403,1 1(E) MAY BE HELD AT A TEMPERATURE OF:130 ‘ DEGREES FAHRENHEIT OR ABOVE; OR (2) AT A TEMPERATURE SPECIFIED IN THE FOLLOWING: (A) i 41 DEGREES FAHRENHEIT ORLESS: : : ; H OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41 DEGREES FAHRENHEIT. REPEAT VIOLATION, * 2,04-01-1 4-301.11 FC:;, COOLING, HEATING, AND HOLDING CAPACITIES. EQUIPMENT FOR COOLING AND HEATING FOOD, AND HOLDING COLD AND HOT FOOD, SHALL BE SUFFICIENT IN NUMBER AND CAPACITY TO PROVIDE FOOD TEMPERATURES AS SPECIFIED UNDER CHAPTER 3. OBSERVED COLD HOLDING EQUIPMENT INCAPABLE OF MAINTAINING POTENTIALLY HAZARDOUS FOOD AT PROPER TEMPERATURES, REPEAT VIOLATION. Case Number: 2010048651 File Number: 112000 District Number: 01 License Number: 2321497 2010 Form revised 10.15.09 MI CAFETERIA

Docket for Case No: 11-004790