O1-0%e| STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS ~ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION . Petitioner, VS. License No. 3910760 SUBWAY #14430 sponde nt License Type 2010 ~ P : Case No. 2006065658 / ADMINISTRATIVE COMPLAINT : The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against SUBWAY #14430, (“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 18459 US HWY 41.N, LUTZ, FLORIDA 335494470. The mailing address of record is SUBWAY #14430, at 11205 POCKET BROOK DR, TAMPA, FLORIDA 33635. 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 viclation(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 penaities: administrative fine not to exceed $1,000 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 December 04, Zz Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attorney Florida Bar No. 0153831 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: “@@ERSLe DERS R ECO RD | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2006. Certified Article Number Received by: Inspector's Signature Operator's Signature Title : Title Case Number: 2006065658 District Number: 03 License Number: 3910760 2010 : Form revised 10.10.06 SUBWAY #14430 Exhibit A License Number: 3910760 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2006065658 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 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. * denotes a critical violation. Itis alleged that on July 26,2006, November 1, 2006 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 inspection(s) are attached hereto and : incorporated by reference as Exhibit B. . : : * 4. 53A-20-1 509.039 FS: 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 90 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 CERTIFICATION 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 BE ISSUED A CERTIFICATE BY THE CERTIFYING ORGANIZATION, WHICH IS VALID FOR A PERIOD OF FIVE YEARS FROM THE DATE OF ISSUANCE; AND 61C-4.023(1) FAC: EACH LICENSED ESTABLISHMENT SHALL HAVE A MINIMUM OF ONE CERTIFIED FOOD PROTECTION MANAGER RESPONSIBLE FOR ALL PERIODS OF OPERATION. NO PROOF OF CERTIFIED FOOD MANAGER ON PREMISES. UNABLE TO VERIFY.A CURRENT CERTIFIED. FOOD MANAGER FOR THE ESTABLISHMENT. : * denotes critical violation : District: 03 Case Number: 2006065658 License Type: 2010 License Number: 3910760 File Number: 122109 SUBWAY #14430 . DEPARTMENT OF GUSINESS AND PROFESSIONAL REGULATI DBPR Division of Hotels and Restaurants LEGAL NOTICE - Food Service Inspecti AS Unscheduled (ROUT) - Ucensing (LIC) (CF Complaint Fut (COMP) CJ Complant Partial (CPAR} 14 Mobile Food Dispensing Vetkle (7) 2015 Vending Machine 1 2051 Uniicansad Food 1} Disaster Response (DSTR) US iw “P (7 Epidemiological (EP1) State, 2: | PP Zasy : Ban eR, REMINDER: Yourfcenge expres _ 1_OR if other AC or EOS was issued for this licensee & location. Revised 07.17.06 Page 4 of

Docket for Case No: 07-000861

Issue Date	Proceedings
Mar. 21, 2007	Order Closing File. CASE CLOSED.
Mar. 20, 2007	Notice of Voluntary Dismissal filed.
Mar. 15, 2007	Petitioner`s Exhibit List filed.
Mar. 15, 2007	Petitioner`s Witness List filed.
Mar. 09, 2007	Order of Pre-hearing Instructions.
Mar. 09, 2007	Notice of Hearing (hearing set for April 3, 2007; 9:00 a.m.; Tampa, FL).
Feb. 21, 2007	Response to Initial Order filed.
Feb. 16, 2007	Administrative Complaint filed.
Feb. 16, 2007	Election of Rights filed.
Feb. 16, 2007	Agency referral filed.
Feb. 16, 2007	Initial Order.