State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. License Number 5810458 PIZZA PARADISO dent License Type 2010 espon a Case Number 2013007058 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against PIZZA PARADISO, ("Respondent"), and says: 1. Petitioner is the state agency charged with regulating the operation of public lodging establishments and public food service e: 2. Respondent Is, and has been at ail 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 707 NGOLDENROD ROAD, ORLANDO, FLORIDA 32807.The mailing address of record is PIZZA PARADISO, at 707 N GOLDENROD ROAD, ORLANDO, FLORIDA 32807. 3. inspection of this establishment conducted pursuant to Sec, 509.032, Florida Statutes, revealed violations operation of the establishment. The violation(s) found and applicable flaw 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 February 20, 2013 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 2013. Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2013007058 File Number: 255748 District Number; 04 License Number: 5810458 2010 . Form revised 01.01.13 PIZZA PARADISO Exhibit A License Number: 5810458 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2013007058 itis alleged that on November 14, 2012, January 15, 2013 Respondent was in violation of Florida Statute 509: (FS); the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC); and/or specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, as incorporated by Chapter 61C, 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 Exhlbit B. ** denotes a critical violation. * 4,02-07-1 3-501.17(B) FC:: (8) Except as specified in Paragraphs (D) and (E).of this section, refrigerated, ready- 10-8 potentially hazardous food prepared and packaged by a food processing plant shall nn for more than 24 hours, to indicate the date i or day by which the food shall be consumed on the premises, sold, or discarded, based on the temperature and time combinations specified in Paragraph (A) of this section; and: (1) The day the original container is opened in the food establishment shall be counted as Day 1; and (2) The: day or date marked by the food establishment may not exceed a manufacturer's use-by date if the manufacturer determined the use-by date based on food safety. On 11/14/12, heavy cream in the reach-in cooler was not date marked. On 01/15/13, soft cheese was not date marked, ™ 2,02-24-1 3-501.19(A)(1) FC:: (A) Except as specified under (B) of this section, if time only, rather than time in conjunction with temperature, is used as the public health control for a working supply of POTENTIALLY HAZARDOUS FOOD before cooking, or for READY-TO-EAT POTENTIALLY HAZARDOUS, FOOD that |s displayed or held for service for immediate consumption: (1) The FOOD shall be marked or otherwise identified to indicate the time that is 4 hours past the point in time when the FOOD is removed from temperature control; 03A-07-1 3-501.16(A) 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 toasts 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; or (2) Ata temperature specified in the following: (a) 41 degrees Fahrenheit or less; Foods were not being maintained at safe temperature (41 degrees F or below or 135 degrees F or above) and were not being properly kept with time as a public health control (not time marked). On 11/14/12, ricotta cheese left on the cutting board was 57 degrees F, pizzas were 69 degrees F, 75 degrees F and 84 degrees F in the display case and patties were 90 degrees F in the display case. On 01/15/13, ricotta cheese was 69 degrees F and pizzas were 72 degrees F and 77 degrees F. Case Number: 2013007058 File Number: 255748 District Number: 04 License Number: 5810458 2010 Form revised 01.01.13 PIZZA PARADISO “* 8.22-27-1 4-601.14(A) FC:: Equipment food-contact surfaces and utensils shall be clean to sight and touch. . . A. There was a mold-like growth on a tube inside the three door reach-in cooler. B. The mixer head was soiled. C. The handles to the reach-in cooler were encrusted with old food debris. 9, 23-03-1 4-601.11(C) FC:: (C) NonFOOD-CONTACT SURFACES of EQUIPMENT shall be kept free of an accumulation of dust, dirt, FOOD residue, and other debris, The hood filters were encrusted with grease. 10, 51-11-1 61C-1.004(9)(d) FAC:: (D) Carbon dioxide and helium tanks shall be adequately secured so as to preclude any danger to safety. . The CO2 tanks were not secured in the dining area. ** 41, 53A-19-1 61C-4.023(1) FAC:: (1) All managers who are responsible for the storage, preparation, he public shail 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. ™ 12. 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 sérvice 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. No proof of any employee food handler training was available, Case Number: 2013007058 — File Number: 255748 : District Number: 04 License Number: 5810458 2010 Form revised 01.01.13 PIZZA PARADISO

Docket for Case No: 13-001566