State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. ; Case Number: 2016003029 LUTINA'S PIZZA & SUBS GBD CORPORATION Tioenge umber: 6042087 dfb/a LUTINA'S PIZZA & SUBS, File Number ovego1 Respondent. ne Number: 5 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against LUTINA'S PIZZA & SUBS GBD CORPORATION d/b/a LUTINA'S PIZZA & SUBS, ("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 6901 OKEECHOBEE BLVD C-3, WEST PALM BEACH, FLORIDA 33411.The mailing address of record is LUTINA'S PIZZA & SUBS GBD CORPORATION d/b/a LUTINA'S PIZZA & SUBS at 6901 OKEECHOBEE BLVD C-3, WEST PALM BEACH, FLORIDA 33411. 3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed vioiations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing operation of the establishment. The violation(s) found and applicabie 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 January 26, 2016 A a Stewart Shapiro, Disfoet Manager By delegation of the-Birector, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Marc Drexier, Lead Attorney Florida Bar No. 0487058 Department of Business & Professional Regulation _ — 7 1940 North Monroe Street Certified Article Number Tallahassee, Florida 32399-2202 4414 7266 9904 2015 7582 4 SORTED DS BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: SENDERS RECORD - |! HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2016. Received by: Inspector's Signature Operator's Signature Title Title District Number: 02 Case Number: 2076003029 Fite Number: 275821 Form revised 01.01.13 License Number: 6012097 2010 LUTINA'S PIZZA & SUBS nO nega scaingeomeraem greece ‘SERED erm tee REN eT Exhibit A License Number: 6012097 License Type: 2010 PERMANENT FOOD SERVICE : Case Number: 2016003029 i It is alleged that on October 21, 2015, December 29, 2015 Respondent was in violation of Fforida Statute 509 (FS); the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC); and/or specific i 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 i 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. O3F-10-4 3-501.19(A) FC: (A) intermediate: Except as specified under Paragraph (D) of this section, if time without temperature controf is used as the public health control for a working supply of potentially hazardous food .(timeftemperature control for safety food) before cooking, or for ready-to-eat potentially hazardous food (time/temperature control for safety food) that.is displayed os held for sale or service: (1) Written procedures shall.be prepared in advance, maintained in the food establishment and made available to the regulatory authority upon request that specify: (a) Methods of compliance with Subparagraphs (B){1)-(3) or : (C)(1}{5) of this section; and (6) Methods of compliance with Section 3-501.14 for food that is prepared, i cooked, and refrigerated before time is used as a public health control. Observed: Intermediate - No written procedures available for use of time as a public health control to hold potentially hazardous (time/temperature control for safety) food. Holding pizza by the slice without i a written plan. At the time of the callback 12-29-15, no written procedure available for time as a public 7] health controi, * 2. 53A-06-6 . 61C-4.023(1) FAC _ Intermediate: Each licensed establishment shall have a minimum of one certified food protection manager responsible for all periods of operation. When four or more employees, at one i! time, aré engaged in the storage, preparation or serving of food in @ licensed establishment, there shall be at t least one certified food protection manager present at all times when said activities are taking place. i Observed: Intermediate - No current certified food service manager on duty with four or more employees. engaged in food preparation/handling. A list of accredited food manager certification examination providers can be found at http:/Awww.myfloridalicense.com/dbpr/hr/food-lodging/manager certification.html. At the time of the callback 12-29-15, no proof of the food managers certification. * 3. 53B-01-5 509.049(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 shail 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. Observed: Intermediate - No proof of required state approved employee training provided for any employees. To order approved program food safety material, call DBPR contracted provider: Florida Restaurant & Lodging Asscciation (SafeStaff) 866-372-7233. At the time of the callback 12-29-15, no proof of the employees food safety training. District Number: 02 Case Number: 2016003029 File Number: 275821 Form revised 01.01.13 License Number: 6012097 20140 LUTINA'S PIZZA & SUBS Ener ARENT REI meemeomReER!

Docket for Case No: 16-000623