State of Florida : Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. , : License Number 4105265 PIZZO'S ITALIAN DELI . License Type 2010 Respondent. Case Number 2013021889 / The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against PIZZO'S ITALIAN DELI, (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 13600-6 US HWY 1, SEBASTIAN, FLORIDA 32958.The mailing address of record is PIZZO'S ITALIAN DELI, at 13600- 6 US HWY 1, SEBASTIAN, FLORIDA 32958. 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, re or refusal of a license issued pursuant to this Chapter, and/or any other relie 2 loridg rules promulgated thereto. . Signed May 21, 2013 Valerie Free\nary, District Mahager ey ; By delegation-of the Director! or desigite? Division of Hotels & Restaurants Department of Business & Professiprfal Regulation COUNSEL FOR THE DEPARTMENT: Marc Drexler, Lead Attorney Florida Bar No. 0487058 Depariment 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 : , 2043. Received by: Inspector's Signature Operator's Signature Title Title . Case Number: 2013021889 File Number: 256657 District Number: 04 License Number. 4105265 2010 ~ Form revised-01.04.13 PIZZO'S ITALIAN DELI Exhibit A License Number: 4105265 License Type: 2010 PERMANENT FOOD SERVICE “Case Number: 2013021889 Itis alleged that on July 27, 2012, April 30, 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 Exhibit B. * denotes a high priority violation. * denotes an intermediate priority violation. * 4.03A-02-4. 3-501.16(A2}FC High Priority: (A) Except during preparation, cooking, or cooling, or when time ig used as the public health control as specified under Section 3-501.19, and except as specified under Paragraph (B) and in Paragraph (C) of this section, potentially hazardous food (time/temperature-control for safety food) shall-be maintained: (2) At 41 degrees Fahrenheit or less. On 07/27/12, steamed mussels were 49 degrees F and cheese was 50 degrees F in the deli case. Raw italian sausage and anti pasta salad were 47 degrees F in the tinted deli case. On 04/30/13, potato salad and pasta salad were 54 degrees | F, sausage was 70 degrees F, and eggplant was 71 degrees Fin . the deli cases. * 2.53B-01-4 509.049(5) FS Intermediate: 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. There was no proof of any completed employee training for the establishment. Case Number: 2013021889 File Number: 256657 District Number: 04 LicenSe Number: 4105265 2010 Form revised 07.04.13 PIZZO'S ITALIAN DEL .

Docket for Case No: 13-004122