‘rules promulgated thereto. ; State of Florida Department of Business and Professionai Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs, CARIBBEAN SUNSHINE BAKERY rigense tee oBie2s Respondent Case Number 2012008072 Administrative Complaint . The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against CARIBBEAN SUNSHINE BAKERY, (‘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 16112 MARSH RD STE 417, WINTER GARDEN, FLORIDA 34787.The mailing address of record is CARIBBEAN SUNSHINE BAKERY, at 16112 MARSH RD STE 417, WINTER GARDEN, FLORIDA 34787. 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 by Chapter 509, Florida Statutes, or the Signed February 21, 2012 Valerie Freeman, 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 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 , 2012. : Received by: Inspector's Signature . Operator's Signature Title Title Case Number: 2012008072 File Number: 224671 District Number: 04 License Number: 5812235 2010 Form revised 09.10.14 CARIBBEAN SUNSHINE BAKERY Filed September 12, 2012 12:22 PM Division of Administrative Hearings Exhibit A License Number: 5812235 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2012008072 “EQ” 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 Cade. “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 November 8, 2011, February 2, 2012 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. * 4,08A-26-1 3-302.11(A\1) FC:: (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION BY: (1) SEPARATING RAW ANIMAL FOODS DURING STORAGE, PREPARATION, HOLDING, AND DISPLAY FROM: (A) RAW READY-TO-EAT FOOD INCLUDING OTHER RAW ANIMAL FOOD SUCH AS FISH FOR SUSHI OR MOLLUSCAN SHELLFISH, OR OTHER RAW READY-TO-EAT FOOD SUCH AS VEGETABLES, AND (B) COOKED READY-TO-EAT FOOD; ON 11/08/11, RAW BURGER WAS STORED NEXT TO READY-TO-EAT COCONUT PRODUCT AND COOKED SHRIMP IN THE REACH-IN FREEZER. ON 02/02/12, A TRAY OF RAW FISH WAS STORED OVER A TRAY OF READY-TO-EAT CORN IN THE REACH-IN FREEZER. 2, 34-10-1 5-501.116(B) FC:: SOILED RECEPTACLES AND WASTE HANDLING UNITS FOR REFUSE, RECYCLABLES, AND RETURNABLES SHALL BE CLEANED AT A FREQUENCY NECESSARY TO PREVENT THEM FROM DEVELOPING A BUILDUP OF SOIL OR BECOMING ATTRACTANTS FOR INSECTS AND RODENTS. THERE WAS A HEAVY BUILDUP OF TRASH ON THE DUMPSTER PAD. 3.51-16-1 61C-1.002(6)(C)(1) FAC::_ (1) THE OPERATOR OF EACH PUBLIC FOOD SERVICE ESTABLISHMENT TO BE NEWLY CONSTRUCTED, REMODELED, CONVERTED, OR REOPENED SHALL SUBMIT PROPERLY PREPARED FACILITY PLANS AND SPECIFICATIONS TO THE DIVISION FOR REVIEW AND APPROVAL IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 509, FS, AND RULE CHAPTERS 61C-1 AND 61C-4, FAC, SUCH PLANS MUST BE APPROVED BY THE DIVISION PRIOR TO CONSTRUCTION, REMODELING, CONVERSION, SCHEDULING OF AN OPENING INSPECTION AND LICENSING. THERE WAS NO PLAN REVIEW SUBMITTED AND APPROVED FOR THE NEW OUTSIDE BAR WITH SEATING. . Case Number: 2012008072 File Number: 224671 District Number: 04 License Number: 5812235 2010 . Form revised 09.10.11 CARIBBEAN SUNSHINE BAKERY

Docket for Case No: 12-002947