@a/15/2818 @4:39 8584146749 DEPR OGA Mar 16 2010 10:56 PAGE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs License No 1621076 SUBWAY #31743 4 License Type 2010 Respon ent Case No 2008066537 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Pettoner’), filas this Administrative Complaint against SUBWAY #31743, ("Respondent’), and says 4 Petitioner is the state agency charged'with regulating the operation of public lodging estabhshments and public food service establishments, pursuant to Section 20 185 and Chapter 509, Florida Statutes 2 Respondent is, and has been at all times matenal hereto, licensed by or subject to the jurisdiction af the Dwsion of Hotels and Restaurants The respondent's business address of record is 7382 W ATLANTIC BLVD, MARGATE, FLORIDA 23063 The mailing address of record is SUBWAY #31743, at 400 N PINE ISLAND RD STE 300, PLANTATION, FLORIDA 33324 3 Inspection of this establishment conducted pursuant to Sec 509 032, Flonda Statutes, revealed violations of the prowsions of Chapter 509, Florida Statutes, and/or the rules promulgated thereto governing operation of the establishment The violation(s) found and applicable law are desenbed 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 31,000 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 rehef authorized by Chapter 509, Florida Statutes, or the Tules promulgejed thereto Signed December 11, 2008 Ken Buck, District Manager By delegation of the Director, or designee Dwision of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT Charles F Tunnielif, Lead Attorney Flanda Bar No 0153831 Department of Business & Professional Regulation 4940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2008 Recewed by Inspector's Signature Operator's Signature Title Title Case Number 2008066537 File Number 182809 Ohetret Number 02 LUcense Number 1621076 2010 Form revisad 07 15 07 SUBWAY #31743 a3/@5 Mar 16 2010 10:56 3/15/2616 4:39 8584146749 DEPR OGA PAGE 84/85 Exhibit A License Number: 1621076 License Type 2010 PERMANENT FOOD SERVICE Case Number: 2008066537 "FC" as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incerporated by Chapter 61C, Flonda Administrative Code. "NFPA" as cited herem references specific provisions of the Natonal Fire Protection Association Life Safety Code, incorparated by reference at Chapter 44-3, “Fire Prevention, General Provisions”, Flarida Administrative Code, and 610-1 004(5), Florida Admimstrative Coda . “denotes a critical violation. tig alleged that an July 28, 2008, November 19, 2008 the licensee was in violation of Flonda Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Flonda Administrative Code (FAC), in the following particulars Copy(s) of the report(s) for the above raferanced 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 IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501 19, AND EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED (1) AT 135 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) ATA TEMPERATURE SPECIFIED IN THE FOLLOWING (A) 41 DEGREES FAHRENHEIT OR LESS, OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN FORTY-ONE (41) DEGREES FAHRENHEIT....PORTIONED STEAK AT THE FRONT COUNTER. Case Number 2008088637 File Number 182209 District Number 02 License Number 1621076 2010 Form revieed 07 19 07 SUBWAY #31742

Docket for Case No: 10-009031