State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VS. COMFORT SUITES License Number 6216112 Respondent. Case Number 2012046715 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against COMFORT SUITES, (‘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 1941 EDGEWATER DR, CLEARWATER, FLORIDA 33755.The mailing address of record is COMFORT SUITES, at 13577 FEATHER SOUND DR #520, CLEARWATER, FLORIDA 33762. 3. Inspection of this establishment conducted pursuant to Sec. 609.032, 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 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 November 08, 2012 p Joe Perez, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT; Marc Drexter, Lead Attorney Florida Bar No. 0487058 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 7496 9008 F211 Sdz#2 1194 Certificate of Service p BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this, day of , 2012, Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2012046715 — File Number: 255392 District Number: 03 License Number: 6216112 2010 Form revised 09.10.11 COMFORT SUITES Exhibit A License Number: 6216112 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2012046715 “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 § BIC, Florida Administrative Code."NFPA” as p n he Na 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 August 22, 2012, October 29, 2012 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 inspaction(s) are attached hereto and incorporated by reference as Exhibit B. * 1,05-08-1 4-302.12 FC:: FOOD TEMPERATURE MEASURING DEVICES SHALL BE PROVIDED AND READILY ACCESSIBLE FOR USE IN ENSURING ATTAINMENT AND MAINTENANCE OF FOOD TEMPERATURES AS SPECIFIED UNDER CHAPTER 3. (B) A TEMPERATURE MEASURING DEVICE WITH A SUITABLE SMALL-DIAMETER PROBE THAT 1S DESIGNED TO MEASURE THE TEMPERATURE OF THIN MASSES SHALL BE PROVIDED AND READILY ACCESSIBLE TO ACCURATELY MEASURE THE TEMPERATURE IN THIN FOODS SUCH AS MEAT PATTIES AND FISH FILETS. NO THERMOMETER PROVIDED TO MEASURE TEMPERATURE OF FOOD PRODUCT. * 2.53B-08-1 509.049FS; FOOD SERVICE EMPLOYEE TRAINING. THE DIVISION SHALL ADOPT, BY RULE, MINIMUM FOOD SAFETY PROTECTION STANDARDS FOR THE TRAINING OF ALL FOOD SERVICE EMPLOYEES WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, OR SERVING OF FOODS TO THE PUBLIC IN ESTABLISHMENTS REGULATED UNDER THIS CHAPTER, THESE STANDARDS SHALL NOT INCLUDE AN EXAMINATION, BUT SHALL PROVIDE FOR A FOOD SAFETY TRAINING CERTIFICATE PROGRAM FOR FOOD SERVICE EMPLOYEES TO BE ADMINISTERED BY A PRIVATE NONPROFIT PROVIDER CHOSEN BY THE DIVISION. ANY FOOD SAFETY TRAINING PROGRAM ESTABLISHED AND ADMINISTERED TO FOOD HANDLER EMPLOYEES PRIOR TO THE EFFECTIVE DATE OF THIS ACT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIVISION FOR ITS REVIEW AND APPROVAL. IT SHALL BE THE DUTY OF THE LICENSEE OF THE PUBLIC FOOD SERVICE ESTABLISHMENT TO PROVIDE TRAINING IN ACCORDANCE WITH THE DESCRIBED RULE TO ALL EMPLOYEES UNDER THE LICENSEE'S SUPERVISION OR CONTROL. THE LICENSEE MAY DESIGNATE ACERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE LICENSEE, FOOD SERVICE EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT TO THIS SECTION BY JANUARY 1, 2001. FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 1, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT. CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS. 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. NO PROOF OF REQUIRED EMPLOYEE TRAINING. Case Number: 2012046715 File Number: 255392 District Number: 03 License Number: 6216112 2010 Form revised 09.10.11 COMFORT SUITES

Docket for Case No: 13-000761