May 10 2010 14:57 85/89/2816 89:38 8584146749 DEPR OGA PAGE 83/86 State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, va. License Number. 2603912 DEERWOOD DELI RESTAURANT License Type 2010 Respondent Case Number 2009043599 i re, Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against DEERWOOD DELI RESTAURANT, ("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 20.168 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 9934 BAYMEADOWS RD, JACKSONVILLE, FLORIDA 32217.The mailing address of recard is DEERWOOD DELI RESTAURANT, at 9934 BAYMEADOWS RD, JACKSONVILLE, FLORIDA 32217, 3. Inspection of this establishment conducted pursuant to Sec, 509.092, 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 ta this Chapter, and/or any other relief authorized by Chapter 609, Florida Statutes, or the rules promulgated thereto. Signed August 18, 2009 Steven van Bodungen,, District 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: 7160 3901 9845 7126 2580 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this, day of , 2009. Received by: Inspector's Signature QOperatar’s Signature _ Title Title Case Number: 2009043599 File Number: 116368 District Number: 05 License Number, 2803912 2010 Farm revised 07.15.08 OEERWOOD DEL! RESTAURANT May 10 2010 14:57 05/69/2618 89:38 8584146749 DEPR OGA PAGE @4/@6 Exhibit A License Number: 2603912 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2009043599 FC as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Orig Administration, incorporated by Chapter 61C, Florida Administrathe Code, NFPA as cited herein references specific provisions of the National Fire Protection Association Lite 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. [tis alleged that on April 13, 2009, April 14, 2009, June 25, 2009 the licensee was in violation of Florida Statute §09(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. * §4,03A-07-1 3-501.16(A) FC: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING! OR WHEN TIME 1S USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501/19, AND EXCEPT AS SPEGIFIED IN PARAGRAPH (8) OF THIS SECTION, POTENTIALLY HAZARDOUS| FOOD SHALL BE MAINTAINED: (1) AT 185 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401,11(B) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403.11(E) MAY BE HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE, OR (2) AT A TEMPERATURE SPECIFIED IN THE FOLLOWING: (A) 41 DEGREES FAHRENHEIT OR LESS; OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41°F, PASTRAMI 49-F, TUNA 49¢F ALL IN UNIT LESS THAN FOUR HOURS - RELOCATED TO WALKIN. INSPECTIONS DATED 04/13/09 AND 04/14/09. *92.04.01-1 4-301.14 FC: COOLING, HEATING, AND HOLDING CAPACITIES. EQUIFMENT FOR COOLING AND HEATING FOOD, AND HOLDING GOLD AND HOT FOOD, SHALL BE SUFFICIENT IN NUMBER AND CAPACITY TO PROVIDE FOOD TEMPERATURES AS SPECIFIED UNDER CHAPTER 3. OBSERVED COLD HOLDING EQUIPMENT INCAPABLE OF MAINTAINING POTENTIALLY HAZARDOUS FOOD AT PROPER TEMPERATURES. SANDWICH MAKE TABLE. INSPECTIONS DATED 04/13/05 AND 4/14/09. * 3.53B-08-1 509.049 FS: 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 INCLUDE AN EXAMINATION, BUT SHALL PROVIDE FOR A FOO) SAFETY TRAINING CERTIFICATE FROGRAM FOR EOOD 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 Tie 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 DESCRIBED RULE TO ALL EMPLOYEES UNDER THE LICENSEE'S SUPERVISION OR CONTROL. THE LICENSEE MAY DESIGNATE A 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. * denotes critical violation District: 05 Case Number: 2009043599 License Type: 2010 License Number: 2603912 File Number: 116368 DEERWOOD DEL! RESTAURANT May 10 2010 14:57 85/89/2616 89:38 8584146749 DEPR OGA PAGE 85/86 Exhibit A OBSERVED NO PROOF OF EMPLOYEE TRAINING PROVIDED, CALLBACK ON 06/25/09 FOUND NO PROGRAM OR BOOKS OR PROOF OF EMPLOYEE TRAINING. * denotes critical violation District: 05 Case Number, 2009043599 License Type: 2010 File Number: 116388 License Number: 2603912 DEERWOOD DELI RESTAURANT

Docket for Case No: 10-002478