State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, « vs. FRESCO FOOD WORKS rieense al gorzo2e Respondent. Case Number 2012034358 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Patitioner’), files this Administrative Complaint against FRESCO FOOD WORKS, ("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 Divislon of Hotels and Restaurants. The respondent's business address of record is 1449 YAMATO RD #5, BOCA RATON, FLORIDA 338431,The mailing address of record Is FRESCO FOOD WORKS, at 10682 WILLOW OAK CT, WELLINGTON, FLORIDA 33414, 3, Inspection of this establishment conducted pursuant to Sec. 509,032, Florida Statutes, revealed violations of the provisions of Chapter 609, 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 August 21, 2012 SD. Kea trod Shannie Kallas, 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 19240 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: 2012034358 File Number: 234856 District Number: 02 License Number: 6012029 2010 Form revised 09.10.11 FRESCO FOOD WORKS Exhibit A License Number: 6012029 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2012034358 "FC" as clted herein references specific provisions of the Food Code, Recommendations of the United States Publle 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 January 18, 2012, June 29, 2042 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. * §4,04-01-1 4-301.11 FC: COOLING, HEATING, AND HOLDING CAPACITIES. EQUIPMENT FOR COOLING AND HEATING FOOD, AND HOLDING COLD AND HOT FOOD, SHALL BE SUFFICIENT IN NUMBER AND CAPACITY TO PROVIDE FOOD TEMPERATURES AS SPECIFIED UNDER CHAPTER 3. OBSERVED COLD HOLDING UNIT EQUIPMENT INCAPABLE OF MAINTAINING POTENTIALLY. HAZARDOUS FOOD AT PROPER TEMPERATURE OF 41 DEGREES FAHRENHEIT OR BELOW: FLIP TOP REACH-IN COOLER AND DISPLAY REACH-IN COOLER. Case Number: 2012034368 — Fila Number: 234856 District Number: 02 License Number: 6012029 2010 Form revised 09.10.14 FRESCO FOOD WORKS Q

Docket for Case No: 13-000104