STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DEPARTMENT OF ) BUSINESS REGULATION, DIVISION OF ) HOTELS AND RESTAURANTS, )

)

Petitioner, )

)

vs. ) CASE NO. 78-1456

)

GILBERT ADAMS, d/b/a ADAMS )

ROOMING HOUSE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above styled case on 18 October 1978 at Belle Glade, Florida.

APPEARANCES

For Petitioner: Mary Jo M. Gallay, Esquire

Staff Attorney

Department of Business Regulation The Johns Building

725 South Bronough Street Tallahassee, Florida 32304

For Respondent: Thomas Montgomery, Esquire

Post Office Box 118

Belle Glade, Florida 33430

By Notice to Show Cause dated 5/15/78 the State of Florida, Department of Business Regulation, Division of Hotels and Restaurants, Petitioner, seeks to assess a civil penalty against or to suspend or revoke the license issued to Gilbert Adams d/b/a Adams Rooming House, Respondent. As ground therefor it is alleged that Respondent, after numerous inspections and consultations failed to satisfactorily correct the following violations:

1. Approved fire extinguishers provided for each floor;

2. Multiple electrical extensions permitted. in rental units;

3. Public toilets not properly lighted.

4. Walls, jalousies, doors and windows in toilet not clean, in good repair or painted where applicable;

5. Toilet rooms not designated for each sex;

6. Doors and windows of occupied units boarded up preventing ingress of fresh air;

7. Window screens torn and missing;

8. Premises around building and dumpster littered with trash and rubbish; and

9. Sections of stairway and handrails missing.

These are alleged to violate Sections 509.221(2 and 3) Florida Statutes, Rule 7C-1.03(1)(5) and (7), Rule 7C-1.04(1)(3) and (4), and Rule 7C-3.01(2) and

1. Florida Administrative Code.

   
   

   One witness was called by Petitioner, four witnesses, including Petitioner's witness and Respondent, were called by Respondent and 2 exhibits were admitted into evidence.

   
   

   FINDINGS OF FACT

   
   

   1. Respondent was licensed for the years 1977 and 1978 with the current license No. 080018 valid until 1 January 1979.

      
      

   2. During an inspection of Adams Rooming House in Belle Glade, Florida on

      20 April 1977 only one fire extinguisher was located on each floor of the two floors used for rental units, numerous extension cords running from the same outlet were observed in the rental units, in the public toilets on each floor the bulbs were missing from the lighting fixtures, screens on windows were torn or missing, window was missing in toilet, doors on toilet split, no designation of sex on any bathroom, some windows in units boarded up with full panel doors, other windows had torn screens and broken jalousies, trash, junk and garbage littered on ground in vicinity of dumpster, and there were areas on stairways, landings and porch with railing missing. Respondent was notified of these violations.

      
      

   3. At an inspection on November 14, 1977 the proper number of fire extinguishers were present but two were empty. There was a direct conflict in the testimony regarding the fire extinguishers with neither witness saying how he ascertained the extinguisher empty or not empty. Accordingly, this alleged violation will be disregarded hereafter in this Recommended Order. At this inspection all of the other violations previously noted were still extant and some doors were also boarded up. No windows had both good screens and unbroken panes. Respondent was notified of these violations.

      
      

   4. On January 3, 1978 another inspection was conducted in company with Gilbert Adams. All violations previously reported were still uncorrected at this time.

      
      

   5. The premises were again inspected January 24, 1978 and all violations previously found remained uncorrected. At an inspection on March 8, 1978 the fire extinguishers had been recharged. When inspected again on April 10, 1978 the violations were still uncorrected.

      
      

   6. On April 25, 1978 an inspection was conducted in company with Adams. At this inspection some screening had been replaced, some windows and railings corrected, the grounds around dumpster had been cleaned, the doors to the bathrooms had been repaired and they had been designated for use by sex.

      However, all doors and windows were not corrected, some windows were still fully boarded up, bulbs were missing from fixtures in bathrooms, some railings were still loose, and the basic violations remained but not as many as before.

   7. On 25 January 1978 (Exhibit 2) Respondent executed a stipulation in which he agreed to pay a civil penalty of $25 and to correct all the violations previously reported within 30 days. The inspection conducted on 8 March was the follow-up inspection to ascertain if the violations had been corrected pursuant to the stipulation.

      
      

   8. Respondent contends that the rooming house caters principally to transients and that every time he puts bulbs in the bathrooms they are removed by the tenants; that tenants and passersby throw trash at the dumpster rather than put the trash in the dumpster; that he has a man who does repairs and cleanup at the rooming house; that he can't keep screens in either the unit windows or the bathrooms; that some tenants asked him to have their window boarded up to provide greater security; and that tenants disregard the sex signs placed on the bathrooms and will use whichever bathroom is vacant.

      
      

   9. Respondent does not visit the units frequently but does come to collect rent when due. He also contends that it is virtually impossible to keep tenants from running numerous extension cords from the same fixture. This is undoubtedly true if there are insufficient outlets in the rental units. Additionally, Respondent testified that he has the walls washed occasionally and provided paint to one tenant who wanted to paint his unit. He further stated that the units have been painted but the frequency of this painting was unclear.

      
      

   10. Proposed findings of fact submitted by Petitioner and Respondent have been considered. Those inconsistent with the facts noted above were not supported by testimony deemed credible. Those proposed findings not included herein were deemed immaterial to the results reached.

       
       

       CONCLUSIONS OF LAW

       
       

   11. The Division of Administrative Hearings has jurisdiction over the parties and subject matter of this hearing.

       
       

   12. Section 509.221(2) and (3) Florida Statutes contains Sanitary Requirements for public lodging establishments which provide, inter alia, that every public lodging establishment shall be properly lighted and ventilated and no room shall be used for a sleeping room which does not have an opening to the outside of the building. Regulations for rooming houses are contained in Chapter 7C Florida Administrative Code which generally provides:

       
       

       Rule 7C-1.04(1) requires approved fire extin- guishers on each floor.

       
       

       Rule 7C-1.04(4) precludes use of electrical extension cords.

       
       

       Rule 7C-1.04(3) requires proper lighting in public toilets.

       
       

       Rule 7C-1.03(1) requires floors, walls, etc. be kept clean and in good repair.

       
       

       Rule 7C-3.01(2) requires public toilets be designated by sex.

       
       

       Rules 7C-1.04(3) and 3.01(5) require adequate ventilation in all rooms.

   13. Following inspections on 20 April and 14 November, 1977 and on January

       3 and January 24, 1978 at which numerous violations were reported to Respondent and about which he had done little, if anything, to correct, Respondent agreed on 25 January 1978 to pay a $25 penalty and to correct the violations within 30 days. At a subsequent inspection conducted 8 March 1978, most of these violations remained uncorrected. Between the time the charges were preferred against Respondent and the date of the hearing many of the violations previously reported had been corrected but many still remained. However, the correction of the violations do not go to the determination whether the violations existed as alleged, but are only to be considered in mitigation of the penalty to be imposed.

       
       

   14. Here the evidence was unrebutted that the Adams Rooming House violated the various provisions of the Florida Statutes and Rules of the Division of Hotels and Restaurants as alleged. It is further noted that Respondent has been less than diligent in correcting violations called to his attention, submitted to him in violation reports and even after he agreed to correct the violations within a specified period.

       
       

   15. From the foregoing it is concluded that Gilbert Adams, d/b/a Adams Rooming House, was guilty of violating various provisions of the Florida Statutes and Rules of the Division of Hotels and Restaurants pertaining to the health and safety of tenants as alleged. It is further concluded that Respondent has shown little regard for the requirements for rooming houses that his establishment has violated. It is therefore

RECOMMENDED that Gilbert Adams, d/b/a Adams Rooming House, be required to pay a fine of $100 and that his license be suspended for 90 days. It is further

RECOMMENDED that the suspension of the license be stayed commencing from the time Respondent corrects all of the violations noted in tile inspection report dated 8 March 1978.

Done and entered this 17th day of November, 1978.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Mary Jo M. Gallay, Esquire Staff Attorney

Department of Business Regulation

The Johns Building

725 South Bronough Street Tallahassee, Florida 32304

Thomas Montgomery, Esquire

P.O. Box 118

Belle Glade, Florida 33430

Docket for Case No: 78-001456

Orders for Case No: 78-001456