State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. ; License Number 1610215. EL ROCOTO RESTAURANT ING . License Type 2010 Respondent Case Number 2011058847 Administrative Complaint ” The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DI DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against EL ROCOTO RESTAURANT INC, ("Respondent"), and says: 1. Petitioner Is the state agency charged with regulating the operation of public lodging e: 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 3990 SW 40 AVE, WEST PARK, FLORIDA 33023:The mailing address of record is EL ROCOTO RESTAURANT INC, at 8990 SW 40 AVE, WEST PARK, FLORIDA 33023. 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 authoyized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Svea eee a December 22, 2011 | Ken Buck, 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 Montoe Street Tallahassee; Florida 82399-2202 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 _ . 2011, Received by: : Inspector's Signature . Operator's Signature - Title . Title Case Number: 2011058847 File Number: 220738 District Number: 02 License Number: 1610215 2010 oo Form revised 09.10.41 EL ROCOTO RESTAURANT INC Filed August 15, 2012 8:30 AM Division of Administrative Hearings | i J I | i i} Exhibit A License Number: 1610215 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2011058847 “FO” as clted"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 27, 2011, November 28, 2011 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 inspectlon(s) are attached hereto and incorporated by reference as Exhibit B. * 4. 53B-08-1 609.049FS: 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 FOOD SAFETY TRAINING CERTIFICATE PROGRAM FOR FOOD 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 THE 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 ACERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE _ wu. . LICENSEE, FOOD SERVICE. EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT TO THIS ~ —---. wee nro 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. OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED. . Case Number: 2011058847 File. Number: 220738 District Number: 02 License Number: 1610215 2010 . Form revised 09.10.11 EL.ROCOTO RESTAURANT ING

Docket for Case No: 12-002691