Oct 13 2010 10:21 la/l2/281ea 9 @4:58 8584146749 DEPR OGA PAGE 83/88 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, (‘Petitioner’), files this Adrunistratve Complaint against SUBWAY #31743, (Respendent’), and says 4 Petitioner is the state agency charged with regulating the operation of public ladging 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 Dmision of Hotels and Restaurants The respondent's business address of record is 7382 W ATLANTIC BLVD, MARGATE, FLORIDA 33063 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 ofthe provisions of Chapter 608, Florida Statutes, and for the rules promulgated thereto governing operation of the establishment The violation(s) found and applicable law are described in Exhibit “A,” aitached hereto and mcorporated herein by reference Inspection dacumerits are attached as Exhibit “BY, Incorporated herein by reference WHEREFORE, Petoner 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 Respondent's expense at an educational pragram sponsored by the Department's Hospitality Education Program, suspension, revocation, or refusal of a license issued pursuant to this Ghapter, and/or any other relief authonzed by Chapter 509, Florida Statutes, or the rules pramul id thereto Signed December 11, 2008 Ken Buck, District Manager By delegation of the Director, or designee Omwision of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT Charles F Tunnicliff, Lead Attorney Flanda Bar No 0163831 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Flonda 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 2008 hand served by me on this. day of : Received by Inspector's Signature Operator's Signature i Title Title Case Number 2008086537 File Number 162809 Distret Number 02 License Number 1621076 2070 Form revised 07 19 O7 SUBWAY #31743 Oct 13 2010 10:21 la/l2/281ea 9 @4:58 8584146749 DEPR OGA PAGE @4/ae Exhibrt A License Number: 1621076 License Type 2010 PERMANENT FOOD SERVICE Case Number: 2008066537 “EC” as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incerporatad by Chapter 61C, Florida Administrative Code. "NFPA" as cited herein references specific provisions of the Nattonal Fire Protection Assaciatian Life Safety Code, mcorporated by reference at Chapter 44-3, “Fire Prevention, General Provigions", Florida Administrative Code, and 61C-1 004(5), Florida Administratwe Cade “ denotes a critical vialation. It ts alleged that on July 28, 2008, Novernber 19, 2008 the licensee wag in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Admimstrativa Code (FAC), in the following partaulars Copy(s) of the report(s) for the above referenced inspector(s) are attached hereto and incorporated by reference as Exhibit B * 4, 08A-07-1 3-504 16(A) FC" (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME 1S USED AS THE PUBLIC HEALTH CONTROL AS SPEGIFIED 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) AT A 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 GOUNTER. Case Number 2008066537 File Number 182809 District Number O02 License Number 1627076 2010 Form revised 07 19 07 SUBWAY #31744

Docket for Case No: 10-009620