State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case Number: 2016030141 DIMICHELLI'S CATERING INC License Number: 6602487 y License Type: 2010 d/b/a DIMICHELLI'S AT FAIRWINDS, , Respondent. File Number: 269098 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against DIMICHELLI'S CATERING INC d/b/a DIMICHELLI'S AT FAIRWINDS, (“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 4400 FAIRWINDS DR, FORT PIERCE, FLORIDA 34946. The mailing address of record is DIMICHELLI'S CATERING INC d/b/a DIMICHELLI’S AT FAIRWINDS at 857 SOUTH KINGS HIGHWAY, FORT PIERCE, FLORIDA 34945. 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 June 27, 2016 wo 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 EEN. E aS has been hand served by me on this. day of , 2016. Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2016030141 — File Number: 269098 District Number: 04 License Number: 6602487 2010 Form revised 04.01.16 DIMICHELLI'S AT FAIRWINDS Exhibit A License Number: 6602487 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2016030141 It is alleged that on February 18, 2016, March 22, 2016, April 22, 2016 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. 1.10-20-4 3-304.12(C) FC Basic: During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored: (C) On a clean portion of the food preparation table or cooking equipment only if the in-use utensil and the food-contact surface of the food preparation table or cooking equipment are cleaned and sanitized at a frequency specified under Sections 4-602.11 and 4-702.11; On 02/18/16, in-use tongs were stored on an equipment door handle between uses. On 03/22/16, tongs were stored on the oven door. 2.14-09-4 4-501.12FC Basic: Surfaces such as cutting blocks and boards that are subject to scratching and scoring shall be resurfaced if they can no longer be effectively cleaned and sanitized, or discarded if they are not capable of being resurfaced. The long cutting board at the cookline had cut marks and was no longer cleanable. (Observed 02/18/16, 03/22/16, and 04/22/16) * 3a. 31B-02-4 6-301.12FC Intermediate: Each handwashing sink or group of adjacent handwashing sinks shall be provided with: (A) Individual, disposable towels; (B) A continuous towel system that supplies the user with a clean towel; or (C) A heated-air hand drying device; or (D) A hand drying device that employs an air-knife system that delivers high velocity, pressurized air at ambient temperatures. No paper towels or mechanical hand drying device were provided at the handwash sink by the back door. (Observed 02/18/16, 03/22/16, and 04/22/16) * 3b. 31B-03-4 6-301.11 FC Intermediate: Each handwashing sink or group of 2 adjacent handwashing sinks shall be provided with a supply of hand cleaning liquid, powder, or bar soap. No soap was provided at the handwash sink by the back door. (Observed 02/18/16 and 03/22/16) Case Number: 2016030141 File Number: 269098 District Number: 04 License Number: 6602487 2010 Form revised 04.01.16 DIMICHELLI'S AT FAIRWINDS * 4.51-16-5 61C-1.002(5)(c)(1) FAC Intermediate: (1) The operator of each public food service establishment to be newly constructed, remodeled, converted, or reopened after being out of business more than 12 months shall submit properly prepared facility plans and specifications to the division for review and approval in accordance with the provisions of Chapter 509, F.S. and Rule Chapters 61C-1 and 61C-4, F.A.C. Such plans must be approved by the division as meeting the sanitation and safety requirements provided in law prior to scheduling of an opening inspection and licensing. For remodeling, plan review submittal is not required if the division can otherwise determine that the intended remodeling will not have an impact on any sanitation and safety requirements provided in law or rule. Plan review is not required for applications for change of ownership when no interruption in operation or no change to the establishment occurs. Plan reviews for additional theme park units are not required if such units have been previously reviewed and approved and have no modifications from the originally approved model. No plan review was submitted and approved for renovations made to the establishment. The kitchen had been reconfigured cutting off the cook's access to the handwash sink. (Observed 02/18/16, 03/22/16, and 04/22/16) * 5a.53B-09-4 509.049(6)(a) FS: Intermediate: Third-party providers shall issue to a public food service establishment an original certificate for each employee certified by the provider and an original card to be provided to each certified employee. Such card or certificate shall be produced by the certified food service employee or by the public food service establishment, respectively, in its duly issued original form upon request of the division. The required employee training was provided by a third-party employee training program and operator was unable to provide original certificate for employees trained. (Observed 02/18/16, 03/22/16, and 04/22/16) * 5b. 53B-13-5 509.049(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 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. Proof of required state approved employee training was not available for some employees. (Observed 02/18/16, 03/22/16, and 04/22/16) Case Number: 2016030141 File Number: 269098 District Number: 04 License Number: 6602487 2010 Form revised 04.01.16 DIMICHELLI'S AT FAIRWINDS

Docket for Case No: 16-004995