State of Florid| Department of Business and Professional Regulation, Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. . ALL ABOUT FOOD @ L HERMITAGE rigense typelata 8509 Respondent Case Numbet 2010030726 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against ALL ABOUT FOOD @L HERMITAGE, (‘Respondent’), and says: 1. Petitioner is the state agency charged with regulating the apetation of public lodging establishments and public food service establishments, pursuant to Section 20/166 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 3100 NE OCEAN BLVD, FORT LAUDERDALE, FLORIDA 33308.The mailing address of record is ALL ABOUT FOOD @L- HERMITAGE, at PO BOX 5485, FORT LAUDERDALE, FLORIDA 33310 , 3. Inspection of this establishment conducted pursuant to Seq. 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 violation(s) found and srpabl lawlare 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 to this Chapter, and/or any other relief authorized by Chapter] 509, Florida Statutes, or the rules promulgated thereto. Signed June 23, 2010 Ken Buck, Digtri By delegationjof Division of Hotels & Restaur: Department of Business & P ints ‘Ofessional 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: | HEREBY CERTIFY that a true and correct copy of the foregoing hand served by me on this, day of ADMINISTRATIVE COMPLAINT has been Inspector's Signature Title District Number: 02 Form revised 10.15.09 Case Number: 2010030726 File Number: 3453 License Number: 1618509 2013 ALL ABOUT FOOD @ L HERMITAGE Filed July 8, 2011 2:16 PM Division of Administrative Hearings Exhibit A License Number: 1618509 License Type: 2013 CATERING Case Number: 2010030726 “FC' as cited herein references specific provisions of the Food C: Public Health Service, Food and Drug Administration, incorporate| Code. "NFPA" as cited herein references specific provisions of|th Safety Code, incorporated by reference at Chapter 4A-3, “Fire “ Administrative Code, and 61C-1.004(5), Florida Administrativelc “* denotes a critical violation. It is alleged that on April 6, 2010, June 10, 2010 the licensee wasii the Rules of the Division of Hotels and Restaurants, Florida Admini particulars. Copy(s) of the report(s) for the above referenced inspection(s) ar incorporated by reference as Exhibit B. * 4,02-13-2 3-603.11 FC CONSUMPTION OF ANIMAL FOODS THAT NOT OTHERWISE PROCESSED TO ELIMINATE PATHOGENS, PARAGRAPH 3-401.11(C) AND SUBPARAGRAPH 3-401.11(iD)() AND UN K, PORK, IF AN ANIMAL FOOD SUCH AS BEEF, EGGS, FISH, LAMB, SERVED OR SOLD RAW, UNDERCOOKED, OR WITHOUT QT ELIMINATE PATHOGENS, EITHER IN READY-TO-EAT FOR READY-TO-EAT FOOD, THE PERMIT HOLDER SHALL INFORI INCREASED RISK OF CONSUMING SUCH FOODS BY WAY|O. SPECIFIED IN PARAGRAPHS (B) AND (C) OF THIS SECTIO MENU ADVISORIES, LABEL STATEMENTS, TABLE TENTS, |P' WRITTEN MEANS, (B) OISCLOSURE SHALL INCLUDE: (1) vention, G ide. NC AS ANI by Chapt National Fi t 61C, Florida Administrative re Protection Association Life de, ee eae of the United States istrative C neral Provisions", Florida de (FAC), in the following in violation fs Florida Statute 509(FS) and/or (A) EXCE ERWISE B) attached hereto and RE RAW, UNDERCOOKED, OR T AS SPECIFIED IN ER PARAGRAPH 3-801.14(C), OULTRY, OR SHELLFISH IS ING PROCESSED TO CONSUM A DISCL CARDS, ESCRIPTI IGREDIENT IN ANOTHER RS OF THE SIGNIFICANTLY SURE AND REMINDER, AS USING BROCHURES, DEL! CASE OR R OTHER EFFECTIVE : IN OF THE ANIMAL-DERIVED FOODS, SUCH AS “OYSTERS ON THE HALF SHELL (RAWIOYSTERS)," |""RAW-EGG CAESAR SALAD," AND "HAMBURGERS (CAN BE COOKED TO ORDER);"" OR (2) IDENTIFIGATION OF THE ANIMAL- HAT STATES THAT THE ITEMS ARE SERVED RAW OR UNDERCOOKED, OR CONTAIN (OR MAY CONTAIN) RAW OR UNDERCOOKED DERIVED FOODS BY ASTERISKING THEM TO A FOOTNOTE INGREDIENTS. (C) REMINDER SHALL INCLUDE ASTERISKIN REQUIRING DISCLOSURE TO A FOOTNOTE THAT STATES: ITEMS, WRITTEN INFORMATION IS AVAILABLE UPON REQU! UNDERCOOKED MEATS, POULTRY, SEAFOOD, SHELLFIS| FOODBORNE ILLNESS; OR (3) CONSUMING RAW OR UNDER SHELLFISH, OR EGGS MAY INCREASE YOUR RISK OF FOOD, HAVE CERTAIN MEDICAL CONDITIONS," THE ANI 1) REGAR R EGGS OOKED JAL-DERIVED FOODS ING THE SAFETY OF THESE ST; (2) CONSUMING RAW OR AY INCREASE YOUR RISK OF EATS, POULTRY, SEAFOOD, ORNE ILLNESS, ESPECIALLY IF YOU OBSERVED REQUIRED CONSUMER ADVISORY FOR RAW/UNDERCOOKED ANIMAL FOOD NOT PROVIDED. ‘ 2, 36-13-1 6-501.12(A) FC:: (A) CLEANING, FREQUENCY AND RESTRICTIONS. THE PHYSICAL FACILITIES SHALL BE CLEANED AS OFTEN AS NECESSARY TO KEEP TEM CLEAN. OBSERVED GREASE ACCUMULATED UNDER COOKING BQUIPMENT,. 3. 51-09-1 61C-1.002(5)(B) FAC:: (B) ANY CHANGES | WHICH MAY AFFECT THE LIGENSE FEE, THE FLORIDA CLEA BATHROOM REQUIREMENTS OR ANY OTHER SANITATIO IN LAW OR RULE, SHALL BE REPORTED IMMEDIATELY TO T OBSERVED ESTABLISHMENT DID NOT REPORT SEATING C FEE, CLEAN INDOOR AIR ACT, FIRE SAFETY, BATHROOM RI REQUIREMENTS. Case Number; 2010030726 File Number: 3453 License Number: 1618509 2013 ALL ABOUT FOOD @ L HERMITAGE JHE NUMBER OF SEATS PROVIDED N INDOOR [AIR ACT, FIRE SAFETY, ND SAFETY REQUIREMENTS PROVIDED E DIVISION BY THE OPERATOR. ANGE THAT AFFECTS THE LICENSE QUIREMENTS OR OTHER RELATED District Number: 02 Form revised 10.15.09 * 4.53A-01-2 509.039 FS AND 61C-4.023(1) FAC ALL MAI ‘ESTABLISHMENT MUST HAVE PASSED [THE FOOD SERVIC! CERTIFICATE ATTESTING THERETO. MANAGERS HAVE TO PASS THE REQUIRED TEST. ALL MANAGERS WHO ARE AAGERS EMPLOYED BY A FOOD SERVICE MANAGER] TEST AND RECEIVED A ERIOD OF 80 DAYS AFTER EMPLOYMENT RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, AND SERVING OF FOODS TO THE) CERTIFICATION TEST APPROVED BY THE DIVISION DEMON! FOOD PROTECTION PRACTICES AS ADOPTED IN THIS CHA\ PUBLIC SHALL HAVE PASSED A TRATING A BASIC KNOWLEDGE OF TER. THOSE MANAGERS WHO SUCCESSFULLY PASS AN APPROVED CERTIFICATION EXAMINATION SHALL BE ISSUED A CERTIFICATE BY THE CERTIFYING ORGANIZATION, WHIGH |S VALID FOR A PERIOD OF FIVE YEARS FROM THE DATE OF ISSUANCE, ALL PUBLIC FOOD SERV|C& ESTABLISHMENTS MUST PROVIDE THE DIVISION WITH PROOF OF FOOD SERVICE MANAGER CERTIFICATION UPON REQUEST... OBSERVED MANAGER LACKING PROOF OF FOOD MANAGER CERTIFICATION. * §.53B-08-1 509.049 FS: FOOD SERVICE EMPLOYEG TI! BY RULE, MINIMUM FOOD SAFETY PROTECTION STANDAR SERVICE EMPLOYEES WHO ARE RESPONSIBLE FOR THE S SERVING OF FOODS TO THE PUBLIC IN ESTABLISHMEN THESE STANDARDS SHALL NOT INCLUDE AN EXAMINATI SAFETY TRAINING CERTIFICATE PROGRAM FOR FOOD SE A CERTIFIED FOOD SERVICE MANAGER TO PERFORM T! LICENSEE, FOOD SERVICE EMPLOYEES MUST RECEIVE SECTION BY JANUARY 1, 2001. FOOD SERVICE EMPLOYEES HIRED A MPLOYMENT. CERTIFICATION PURSUANT MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS. OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAIN Case Number: 2010030726 File Number: 3453 Ucense Number: 1618509 2013 ALL ABOUT FOOD @ L. HERMITAGE NG PROVIDED. AINING. THE DIVISION SHALL ADOPT, S FOR THE TRAINING OF ALL FOOD ORAGE, PREPARATION, DISPLAY, OR EGULATED UNDER THIS CHAPTER. N, BUT SHALL PROVIDE FOR A FOOD VICE EMPUOYEES TO BE ADMINISTERED SION. ANY FOOD SAFETY TRAINING E OPERATOR TO THE DIVISION FOR ITS LICENSEE OF THE PUBLIC FOOD SERVICE ITH THE OESCRIBED RULE TO ALL TROL. THE LICENSEE MAY DESIGNATE FUNCTION AS AN AGENT OF THE CERTIFICATION PURSUANT TO THIS TER NOVEMBER 1, 2000, District Number: 02 Form revised 10.15.09

Docket for Case No: 11-003365