State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. License Number 6216762 DELICIAS DONA FLOR | f License Type 2010 espon Case Number 2012015698 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (Petitioner), files this Administrative Compiaint against DELICIAS DONA FLOR, (“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 22097 US HWY 19N, CLEARWATER, FLORIDA 33765.The mailing address of record is DELICIAS DONA FLOR, at 29399 US HWY 19 N STE 230, CLEARWATER, FLORIDA 33765. 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 rules promulgated thereto. Signed March 27, 2012 . rez_Bistrict\Vianager By delegation of thé 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: 2012015698 File Number; 251172 District Number: 03 License Number: 6216762 2010 Form revised 09.10.11 DELICIAS DONA FLOR Filed September 25, 2012 4:49 PM Division of Administrative Hearings Exhibit A License Number: 6216762 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2012015698 “EC” 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. Itis alleged that on January 6, 2012, March 7, 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. * 4,03B-03-1 3-501.16 (A)(1) FC:: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED 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, POTENTIALLY HAZARDOUS FOOD NOT HELD AT 135 DEGREES FAHRENHEIT OR ABOVE. OBSERVED BEEF HELD AT 120 DEGREES F AND SAUSAGE 97 DEGREES F ON 1/6/12, OBSERVED SAUSAGE HELD AT 87 DEGREES F ON 3/7/12. * 2, 53A-01-3 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 BY THE DIVISION. 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. MANAGER LACKING PROOF OF FOOD MANAGER CERTIFICATION. * 3.53B-01-3 §609.049(5)FS IT SHALL BE THE DUTY OF EACH PUBLIC FOOD SERVICE ESTABLISHMENT TO PROVIDE TRAINING IN ACCORDANCE WITH THE DESCRIBED RULE TO ALL FOOD SERVICE EMPLOYEES OF THE PUBLIC FOOD SERVICE ESTABLISHMENT. THE PUBLIC FOOD SERVICE ESTABLISHMENT MAY DESIGNATE ANY CERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION. FOOD SERVICE EMPLOYEES MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT. CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS. ALL PUBLIC FOOD SERVICE ESTABLISHMENTS MUST PROVIDE THE DIVISION WITH PROOF OF EMPLOYEE TRAINING UPON REQUEST, INCLUDING, BUT NOT LIMITED TO, AT THE TIME OF ANY DIVISION INSPECTION OF THE ESTABLISHMENT. PROOF OF TRAINING FOR EACH FOOD SERVICE EMPLOYEE SHALL INCLUDE THE NAME OF THE TRAINED EMPLOYEE, THE DATE OF BIRTH OF THE TRAINED EMPLOYEE, THE DATE THE TRAINING OCCURRED, AND THE APPROVED FOOD SAFETY TRAINING PROGRAM USED. NO PROOF OF REQUIRED EMPLOYEE TRAINING. Gase Number: 2012015698 File Number: 261172 District Number: 03 License Number: 6216762 2010 Form revised 09.10.14 “DELICIAS DONA FLOR

Docket for Case No: 12-003168