State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, OMB ee eee ete pe __ ee DUNKIN DONUT/BASKIN ROBBINS rieense rae Beethad Respondent. Case Number 2013001864 fi hv mplain The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against DUNKIN DONUT/BASKIN ROBBINS, (“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 609, 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 898 MALABAR RD, PALM BAY, FLORIDA 32907.The malling address of record is DUNKIN DONUT/BASKIN ROBBINS, at 898 MALABAR RD, PALM BAY, FLORIDA 32907, 3. Inspection of this establishment conducted pursuant to Sec, 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 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 January 15, 2013 Valerie Freeman, 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 Cartificate of Service 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 , 2013 Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2013001864 — File Number: 202504 District Number: 04 License Number: 1505780 2010 Form ravised 01.01.13 DUNKIN DONUT/BASKIN ROBBINS Exhibit A License Number: 1505790 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2013001864 —..[tls alleged.that.on-October.8,.2042,.December.12,.2012.Respondent.was.in.violation of. Florida Statute.509— ————~be Issued certificate by the certifying organization, which is valld fora period of five years from the date of (FS); the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC); and/or specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, as incorporated by Chapter 61C, 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, * denotes a critical violation, 1.14-37-1 4-601.12FC:: Cutting Surfaces, Surfaces such as cutting blacks and boards that are subject to scratching and scoring shall be resurfaced ff they can no longer be effectively cleaned and sanitized, or discarded if they are not capable of being resurfaced. The sandwich line cutting board was heavily groovedipitted. ™ 2. 63A-01-2 509,039 FS and 61C-4.023(1) FAC All managers employed by a food service establishment must have passed [the food service manager} test and received a certificate attesting thereto, Managers have a period of 30 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 cartification 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 Issuance. All public food service establishments must provide the diviston with proof of food service manager certification upon request... There was no proof of a certified manager for the establishment. ** 3.53B-08-1 609.049FS: 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 pragram 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. {t 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 llcensee's supervision or control. The licensee may designate a cartified food service manager to perform this function as an agent of the licenses. Food service employees must recelve 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 valtd for 3 years. All public food service establishments must provide the division with proof of emplayee training upon request, including, but not {imited to, at the time of any division inspection of the establishment. There was no proof of employes training for the establishment. Case Number: 2013001864 File Number: 202504 District Number: 04 License Number: 1606780 2010 Form revised 01.01.13 DUNKIN DONUT/BASKIN ROBBINS.

Docket for Case No: 13-001159