State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. BIAGIO'S PIZZA & PASTA teense Type 301 2916363 Respondent. Case Number 2010059032 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against BIAGIO'S PIZZA & PASTA, (“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 20.165 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 10359 CROSS CREEK BLVD STE A, TAMPA, FLORIDA 33647.The mailing address of record is BIAGIO'S PIZZA & PASTA, at 10359 CROSS CREEK BLVD STE A, TAMPA, FLORIDA 33647. 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 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 to this Chapter, and/or any other relief authorized id by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed November 30, 2010 Joe Perez, District\Manager 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 é 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 ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2010. ve Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2010059032 _ Fite Number: 215088 District Number: 03 License Number: 3916363 2010 Form revised 10.04.10 BIAGIO'S PIZZA & PASTA Filed December 8, 2011 3:12 PM Division of Administrative Hearings Exhibit A License Number: 3916363 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2010059032 "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 herein references specific provisions of the National Fire Protection Association Life 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. It is alleged that on September 16, 2010, November 16, 2010 the licensee was in violation of Florida Statute 509(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. * 41.01B-09-1 3-501.19(A)(3) FC:; TIME AS A PUBLIC HEALTH CONTROL, (A) EXCEPT AS SPECIFIED UNDER PARAGRAPH (B) OF THIS SECTION, IF TIME ONLY, RATHER THAN TIME IN CONJUNCTION WITH TEMPERATURE, IS USED AS THE PUBLIC HEALTH CONTROL FOR A WORKING SUPPLY OF POTENTIALLY HAZARDOUS FOOD BEFORE COOKING, OR FOR READY-TO-EAT POTENTIALLY HAZARDOUS FOOD THAT IS DISPLAYED OR HELD FOR SERVICE FOR IMMEDIATE CONSUMPTION: (3) THE FOOD IN UNMARKED CONTAINERS OR PACKAGES OR MARKED TO EXCEED A 4 HOUR LIMIT SHALL BE DISCARDED, : OBSERVED POTENTIALLY HAZARDOUS FOOD HELD USING TIME AS A PUBLIC HEALTH CONTROL WITH NO TIME MARKING; PIZZA. 2. 14-54-1 4-101.41 FC: CHARACTERISTICS. MATERIALS THAT ARE USED IN THE CONSTRUCTION OF UTENSILS AND FOOD- CONTACT SURFACES OF EQUIPMENT MAY NOT ALLOW THE MIGRATION OF DELETERIOUS SUBSTANCES OR IMPART COLORS, ODORS, OR TASTES TO FOOD AND UNDER NORMAL USE CONDITIONS SHALL BE: (A) SAFE; (B) DURABLE, CORROSION- RESISTANT, AND NONABSORBENT,; (C) SUFFICIENT IN WEIGHT AND THICKNESS TO WITHSTAND REPEATED WAREWASHING; (D) FINISHED TO HAVE A SMOOTH, EASILY CLEANABLE SURFACE; AND (E) RESISTANT TO PITTING, CHIPPING, CRAZING, SCRATCHING, SCORING, DISTORTION, AND DECOMPOSITION. OBSERVED NON FOOD GRADE CONTAINERS USED FOR FOOD STORAGE. * 3.53A-19-1 61C-4.023(1) FAC:: (1) 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 IS VALID FOR A PERIOD OF FIVE YEARS FROM THE DATE OF ISSUANCE. OBSERVED EXPIRED FOOD MANAGER CERTIFICATION; GUISEPPE LOOZ, CERTIFICATION DATE 8/25/05, EXPIRED 8/25/10. Case Number: 2010059032 — File Number: 215088 District Number: 03 License Number: 3916363 2010 Form revised 10.04.10 BIAGIO'S PIZZA & PASTA

Docket for Case No: 11-006227