State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, v8, LA PODEROSA CUBAN CAFE rigense ee 2035303 Respondent. ; CaseNumber 2012029989 . Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against LA PODEROSA CUBAN CAFE, (“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 868 N KROME AVE, HOMESTEAD, FLORIDA 33030.The mailing address of record Is LA PODEROSA CUBAN CAFE, at 30211 SW 156 AVE, HOMESTEAD, FLORIDA 33033. ‘ 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 July 10, 2012 Carlos Lezcano, District Map4ger 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: _7196 9008 9111 1440 3024 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2012, Recelved by; Inspector's Signature Operator's Signature Title Title Case Number: 2012029989 File Number: 252178 District Number: 01 License Number: 2333393 2010 Form revised 09.10.14 LA PODEROSA CUBAN CAFE . Filed December 17, 2012 11:57 AM Division of Administrative Hearings Exhibit A License Number: 2333393 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2012029989 "FC" 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(8), Florida Administrative Code. ‘*” denotes a critical violation. It is alleged that on April 18, 2012, and June 21, 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, ‘ * 1, 53A-01-2 609,030 FS AND 610-4.023(1) FAC +ALL MANAGERS EMPLOYED BY A FOOD SERVICE ESTABLISHMENT MUST HAVE PASSED [THE FOOD SERVICE MANAGER] TEST AND RECEIVED A CERTIFICATE ATTESTING THERETO, MANAGERS HAVE A PERIOD OF 30 DAYS AFTER EMPLOYMENT TO PASS THE REQUIRED TEST. 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, ALL PUBLIC FOOD SERVICE ESTABLISHMENTS MUST PROVIDE THE DIVISION WITH PROOF OF FOOD SERVICE MANAGER CERTIFICATION UPON REQUEST... . OBSERVED MANAGER LACKING PROOF OF FOOD'MANAGER CERTIFICATION. | * 2, 53B-08-1 509.049 FS: 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 A CERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE LICENSEE. FOOD SERVICE EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT TO THIS 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. 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. . OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED, Case Number: 2012029989 File Number: 252178 , District Number: 01 License Number: 2333393 2010 : Form revised 09.10.11 LA PODEROSA CUBAN CAFE

Docket for Case No: 12-004018