Aug 13 2009 8:27 68/13/2689 89:28 8584146749 DEPR OGA PAGE 84/15 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. , License No. 5808438 JULIANA'S FINE TUSCAN CUISINE License Type 2010 espon ; Gase No. 2009005365 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Patitioner’), filas this Administrative Complaint against JULIANA'S FINE TUSCAN CUISINE, (‘Respandent’), 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 2306 EDGEWATER DR, ORLANDO, FLORIDA 32804, The mailing address of record is JULIANA’S FINE TUSCAN CUISINE, at 2306 EDGEWATER DR, ORLANDO, FLORIDA 32804. 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 violatlan(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, mandatory attendance at Respandent's expense alan educational program sponsored by the Department's Hospitality Education Program; suspension, ravocation, 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 therato. Signed February 03, 2008 je Valerie Freeman, District Manager By detegation of the Director, or designee Division af 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: HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2009. ne Received by: Inspector's Signature Operator's Signature Title Title Gage Number; 2008005365 File Number: 133529 District Number: 04 License Number: 5808438 2010 Form revised 07.07.07 JULIANA'’S FINE TUSCAN GUISINE Aug 13 2009 3:28 @a/1a/2889 89:28 8584146749 DEPR OGA PAGE 5/15 Exhibit A License Number: 5808438 License Typa: 2010 PERMANENT FOOD SERVICE Case Number: 2009003365 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 herain references specific provisions of the National Fire Pratection Association Life Safety Code, incorporated by reference at Chapter 44-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code, * denotes a critical violation. Itis alleged that on November 4, 2008, January 15, 2008 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of tha Division of Hotels and Restaurants, Florida Administrative Cade (FAC), in the following particulars. Copy(s) of the raport(s) for the above referenced inspection(s) are attached hereto and Incorporated by reference as Exhibit B, . * 4.02-22-1 3-501.17(A) FC: (A) EXCEPT AS SPECIFIED IN FARAGRAPH (D) OF THIS SECTION, - REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND HELD INA FOOD ESTABLISHMENT FOR MORE THAN 24 HOURS SHALL BE CLEARLY MARKED TO INDICATE THE DATE OR DAY BY WHICH THE FOOD SHALL BE CONSUMED ON THE PREMISES, SOLD, OR DISCARDED, BASED ON THE TEMPERATURE AND TIME COMBINATIONS SPECIFIED BELOW: (1) 41 DEGREES FAHRENHEIT OR LESS FOR A MAXIMUM OF ? DAYS; THE DAY OF PREPARATION SHALL BE COUNTED AS DAY 1. THE LENTIL SQUP AND OTHER POTENTIALLY HAZARDOUS FOODS PREPARED MORE THAN 24 HOURS WERE NOT DATED IN THE POUBLE DOOR REACH IN COOLER. 2. 23-05-1 4-602.13 FC:; NONFOOD-CONTACT SURFACES OF EQUIPMENT SHALL BE CLEANED AT A FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF'SOIL RESIDUES. THERE WAS A HEAVY RESIDUE BUILD UP ON THE DISHWASHING TRAYS, * 3.53A-01-2 509.039 FS AND 61C-4.023(1) FAG 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 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 [5S VALID FOR A PERIOD OF FIVE YEARS FROM THE DATE OF ISSUANCE. ALL PUBLIC FOOD SERVICE ESTABLISHMENTS MUST PROVIDE THE DIVISION WITH PROOF OF FOOD SERVICE MANAGER CERTIFICATION UPON REQUEST... THERE WAS NO PROOF OF A CURRENT FOOD MANAGER CERTIFICATION PROVIDED. * denotes critical violation District: o4 Case Number: 2009005365 License Type: 2010 License Number: $808438 File Number: 133528 JULIANA'S FINE TUSGAN CUISINE

Docket for Case No: 09-004291