State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. BURGER KING #3629 icense rye 2010 Respondent. Case Number 2013007171 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against BURGER KING #3629, (‘Respondent’), and says: 1. Petitioner | is the state agency charged with regulating the operation of public lodging establishments and 2. Respondent is, and has been at all times material hereto, Teersed by or abject to the iurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 7623 E COLONIAL DR, ORLANDO, FLORIDA 32807.The mailing address of record is BURGER KING #3629, at 3318 FOREST LN STE-200, DALLAS, TEXAS 75234. 3. {nspection of this establishment conducted pursuant to Sec. 509,032, Florida Statutes, revealed violations of the provisions of Chapter 509; Florida Statutes; and 7 oF thé 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 ticense issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. : Signed February 21, 2013 (oom 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 Drexler, Lead Attorney Florida Bar No. 0487058 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate 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: 2013007171 File Number: 258395 oe District Number: 04 License Number: 5803387 2010 Form revised 04.01.13 BURGER KING #3629 Exhibit A License Number: 5803387 : License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2013007171 It is alleged that on November 27, 2012, January 28, 2013 Respondent was in violation of Florida Statute 509 -(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. ** 1.53B-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 includé 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 certified 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 any employee food handler training was available. Case Number: 2013007171 File Number: 258395 Oistrict Number: 04 License Number: 5803387 2010 Form revised 01.04.13 BURGER KING #3629

Docket for Case No: 13-001568