State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, YS: Case Number: 2016035555 TSC FL 180 INC ae d/b/a TROPICAL SMOOTHIE CAFE, stl g ian Respondent. RENNES / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against TSC FL 180 INC d/b/a TROPICAL SMOOTHIE CAFE, (“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 9377 SIX MILE CYPRESS PKWY, FORT MYERS, FLORIDA 33966.The mailing address of record is TSC FL 180 INC d/b/a TROPICAL SMOOTHIE CAFE at 6900 DANIELS PKWY #29-231, FORT MYERS, FLORIDA 33912. 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 July 28, 2016 Claudia Ffelds, 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 — . — 2601 Blair Stone Road ~ Certified Article Number Teena Base 220e 9414 72bb 9904 20b2 b942 91 Se ED USE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: SENDERS RECORD | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2016. Received by: Inspector's Signature Operator's Signature Title Title District Number: 07 Case Number: 2016035555 File Number: 278125 Form revised 04.01.16 License Number: 4606433 2010 TROPICAL SMOOTHIE CAFE Exhibit A License Number: 4606433 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2016035555 It is alleged that on July 07, 2016 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 high priority violation. * denotes an intermediate priority violation. ™ 1.35A-04-4 509.221(7) FS High Priority: The operator of any establishment licensed under this chapter shall take effective measures to protect the establishment against the entrance and the breeding on the premises of all vermin. Any room in such an establishment infested with such vermin shall be fumigated, disinfected, renovated, or other corrective action taken until the vermin are exterminated. High Priority - Rodent activity present as evidenced by rodent droppings found. Observed 30 dry rodent droppings in mop sink area. **Admin Complaint** (Immediate Administrative Complaint per Tallahassee). District Number: 07 Case Number: 2016035555 —_ File Number: 278125 Form revised 04.01.16 License Number: 4606433 2010 TROPICAL SMOOTHIE CAFE

Docket for Case No: 16-005035