License Type: 2010 LY 1 5¢- - . STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Oe DIVISION OF HOTELS AND RESTAURANTS “ry DEPARTMENT OF BUSINESS AND - . “oO PROFESSIONAL REGULATION, . LA » Petitioner, “es “VS. on . i CASA DEL DIO License No. 6903321 “ Respondent. License Type 2010 / Case No. 2003086191 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner’), files this Administrative Complaint against CASA DEL DIO, (“Respondent”), and says: 4. Petitioner is the state agency charged with regulating the operation of public lodging establishments and public food service establishments, pursuant to Sec. 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 189 SEMORAN BOULEVARD, FERN PARK, FL 32730.The mailing address of record is CASA DELDIO INCORPORATED, 189 SEMORAN BOULEVARD, FERN PARK, FL 32730. 3. Inspection of this establishment conducted pursuant to Sec. 509.032,"Fiarida 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. WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties: administrative fine not to exceed $1000 per offense; mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Education Program; 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 October 22, 2003 ( . , of ‘\ Vii kerk Tirta _ Valerie Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Gail Scott-Hill, Senior Attorney Florida Bar No. 0909289 Department of Business & Professional Regulation 4940 North Monroe Street, Tallahassee, Florida 32399-1007 Telephone 850 - 488-3140 / Facsimile 850 - 488-5074 CERTIFICATE OF SERVICE ___ 7003 0500 oogs 2795 S303 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 , 2003. Received by: Inspector's Signature Operator's Signature Title Title Revised 9/23/2003 Business Name: CASA DEL DIO —_ District No: 4 Case No: 2003086191 License No: 6903321 License #: 69-03321R Case#: 2003086191 Exhibit A “EC” as cited herein references specific provisions of the 1999 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. Itis alleged that on August 19, September 11 and September 25, 2003 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Adm:nistrative Code (FAC), in the following particulars: 4. *03a-03 3-501.16(B) FC Except during preparation, cooking, or cooling, or when time is used as the public health control as specified under 3-501.19, POTENTIALLY HAZARDOUS FOOD shall be maintained: (B) ...(41 degrees F) or less, except as specified under (C) of this section and 3-501.17, 3-501.18, and 4-204.111. A. RAW BEEF WAS AT 44°F AND CHEESE WAS AT 47°F IN THE WALK-IN COOLER. B. PASTA IN THE LINE COOLER Was AT 47°F. 2. *04-01 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. THE WALK-IN COOLER AND LINE COOLER WERE NOT MAINTAINING POTENTIALLY HAZARDOUS FOODS AT 41°F OR BELOW. Exhibit A Page 1 of 1

Docket for Case No: 04-001361