STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DIVISION OF HOTELS AND )
RESTAURANTS, )
)
Petitioner, )
)
vs. ) CASE NO. 81-2507
)
E. BURGESS, d/b/a 511 )
ROOMING HOUSE, )
)
Respondent. )
)
RECOMMENDED ORDER
This matter came on for hearing in Belle Glade, Florida, before the Division of Administrative Hearings by its duly designated Hearing Officer, Robert T. Benton II, on March 22, 1982. No appearance was entered on behalf of respondent. Petitioner appeared through counsel:
APPEARANCES
For Petitioner: John A. Boggs, Esquire
725 South Bronough Street Tallahassee, Florida 32301
For Respondent: no appearance
By notice to show cause, petitioner alleged violations of rules and statutes on August 17, 1981, in haec verba:
Violation of Rule 7C-1.04(1), 1st floor extinguisher not replaced, 2nd floor extinguisher past required service date.
Violation of Rule 7C-1.04(4), Multiple extention [sic] wirings in use; fixtures & switches in rooms need repair/ replacement.
Violation of Rule 7C-1.03(2)(8)
& 7C-1.04 (5)(6), Use of hot plates for in- room cooking is a significant fire
hazard.
Violation of Rule 7C-2.02(1)(2) & 7C-3.01(2)(3)(a)(b), Public toilets are not clean or in good repair; hot water faucets broken; plumbing in poor repair on sinks in rooms; shower stalls need repair and painting.
Violation of Section 509.221(8), Florida Statutes, Window glass and screen- ings need repair or replacement.
Violation of Section 509.221(2), Florida Statutes, Open spaced stairway rail- ings are not satisfactorily 'screened'.
Violation of Rule 7C-1.03(5)(7), Grounds around buildings are not clean.
FINDINGS OF FACT
On February 2, 1981, Arnold J. Pergament inspected the 511 Rooming House. He found one fire extinguisher in good order and another losing pressure and in need of recharge. Roomers appliances overloaded electrical circuits.
The bathrooms were not designated as being restricted to one sex. They were dirty, lacked hot water, adequate lighting, and a sink was off the wall; one toilet had a broken tank, another was missing a toilet seat. The showers needed repair.
Screening was missing in the bathrooms, in the rooms, and on outside doors. Hallways were inadequately lighted.
Railings on second floor walkways and stairways were widely spaced.
The grounds were covered with trash, garbage, and sour water.
When Mr. Pergament returned for a scheduled reinspection on April 6, 1981, he found that not a single violation had been corrected. Another inspection, on May 26, 1981, revealed additional deterioration: A bathroom was under one-half inch of water. The fire extinguishers had been serviced but no steps to correct any other violations had been taken. The condition of the grounds was worse. The same circumstances or worse obtained on June 1, 1981, on July 1, 1981, on August 26, 1981, and on March 19, 1982. Conditions at the 511 Rooming House amount to an eminent danger to the public health and safety.
CONCLUSIONS OF LAW
No evidence was adduced to show that Mr. Burgess holds a license issued by the petitioner, but that fact was not in controversy between these parties. The demand for hearing signed by Mr. Burgess to initiate these proceedings identifies Mr. Burgess as "holding license number 60-2595-H."
Petitioner is authorized to "suspend or revoke the license of any public lodging establishment . . . that has operated . . . in violation of any of the provisions of . . . chapter [509] . . . [or i]n lieu of the suspension or revocation . . . impose fines [not to exceed $500 for each offense . . . . " Section 509.261(1) and (2), Florida Statutes (1981).
In the notice to show cause, petitioner has alleged violations of these statutory provisions:
(2) Each public lodging establishment and each public food service establishment shall be properly plumbed, lighted, heated, cooled, and ventilated and shall be operated with strict regard to the health, comfort, and safety of the guests. Such proper
lighting shall be construed to apply to both daylight and artificial illumination; such proper plumbing shall be constructed and plumbed according to proper sanitary princi- ples; and such proper ventilation or cooling shall be construed to mean at least one door and one window in each room.
(8) The operator of any public lodging establishment or public food service estab- lishment shall keep all flies out of such establishment. Section 509.221, Florida Statutes (1981).
In addition, the notice to show cause alleges violations of the following rule provisions:
(2) Attics, basements, boiler rooms and storage rooms shall be kept clean and free of debris and flammables.
(5) Outside garbage receptacles shall be adequate or nonabsorbent material, clean, water-tight and kept covered at all times with a tight-fitting cover. One such recep-
tacle is required for each unit having cooking facilities.
Premises, yards, alleys, etc.,
shall be kept clean, free of debris and prop- erly drained.
Flammable materials inside an establishment shall be stored in approved type containers (maximum size five (5) gallons) in a safe place. Rule 7C-1.03, Florida Administrative Code.
The following general requirements and standards shall be met by all public lodg- ing and food service establishments:
Fire Extinguishers (required for Class A fires--ordinary combustibles) --There shall be one of the following types of fire extinguishers for each 3000 square feet or less of floor space on each floor and the maximum travel distance to the nearest fire extinguisher shall not exceed 75 feet:
2 1/2 gallon soda acid fire extin- guisher.
2 1/2 gallon pressurized water fire extinguisher.
2 1/2 gallon pressurized antifreeze fire extinguisher.
2 1/2 gallon cartridge operated water fire extinguisher
2 1/2 gallon cartridge operated antifreeze fire extinguisher
2 1/2 gallon foam fire extinguisher
4 lb. to 10 lb. ABC fire extinguisher (with minimum rating of 2A-10BC)
Note: Two of any of the above sizes of ABC extinguishers with 1A-10BC rating, may be used in place of one ABC with 2A-10BC rating.
Fire extinguishers (required for Class B--Flammable Liquids--grease, oil, etc. and Class C fires--Electrical) --In addition to the above (except when ABC extinguishers are used) there shall be a minimum of one 5 lb. dry chemical fire extinguisher on each floor
for each 100 feet of travel distance or less. Extinguisher must be placed so the minimum travel distance to the nearest 5 lb. dry chemical extinguisher is not over 50 feet.
Electrical wiring--To prevent fire or injury, defective electric wiring shall be replaced and wiring shall be kept in good repair. No extension cords shall be used. Only wall switch or approved pull cord is permitted in bathrooms. Sufficient elec- trical outlets shall be provided.
Heating and ventilation--The heat- ing and ventilation system shall be kept in good repair or be installed to maintain min- imum of 680 F. temperature throughout the building; except that same shall not apply to the land areas lying south of latitude
26 degrees, 20 minutes North.
Fireproof shields must be used around and under stoves and boiler room must be enclosed with fireproof walls, fireproof ceiling and metal covered doors. The insurance inspec- tor's boiler report is required annually and shall be posted in the boiler room.
Gas appliances--All appliances including water heaters using gas must be kept in good repair and properly vented where required and shall meet the following requirements:
All appliances must have AGA or UL seal.
Heating appliances must be prop- erly sized in BTU input for room air space.
Oversized heaters, including oil, must be equipped with a thermostat.
Gas heating and automatic appli- ances must be equipped with complete safety pilots.
Vented gas appliances must be equipped with draft hoods.
Vented type appliances must be flue or vent connected.
Vented type appliances must be vented.
Appliances in sleeping rooms and
bathrooms must be vented.
Appliances must be installed at proper distances from combustibles.
Gas refrigerators must be installed at least two (2) inches from the rear wall
and with at least twelve (12) inches clearance above top. Rule 7C-1.04, Florida Administra- tive Code.
The Director adopts the provisions of Chap- ters 10D-9 and 10D-10 of the Florida State Sanitary Code that are in effect as of August 24, 1970, as the minimum requirements
for plumbing and fixtures in the construction of all establishments within his jurisdiction, except that the words "administrative autho- rity" means "the Director" and except that
the following fixtures are required:
Hotels and Motels.
Public toilets. Where there are one or more public dining rooms or cafes, there shall be provided at least one water closet and one lavatory for each sex, for public use and where these water closets and lavatories are not accessible to the kitchen employees, additional water closet
or closets, and lavatory or lavatories shall be provided for such employees. One free public toilet for each sex.
Where approved by the Director, provi- sions may be made by which the same toilets may be used in connection with lobbies and public dining rooms or cafes.
Guest bathrooms. In every hotel, on each floor where sleeping accommodations are provided, there shall be at least one water closet for each sex and there shall be also one lavatory and one bathtub or shower for every fifteen (15) guests, or major fraction of that number rooming on that floor not provided with private or connecting bathrooms, provided, however, that where approved by the supervising architect, provisions may be made for use by guests of public water closet or closets
maintained in connection with a public lobby or public lobbies where such water closet
or closets are easily accessible to such guests.
Where sleeping accommodations are pro- vided for more than fifteen (15) persons on any floor, additional water closets, lava- tories, and baths or showers shall be pro- vided for each such fifteen (15) additional persons or major fraction of that number.
Where every sleeping accommodation has unrestricted access to or use of private connecting toilet and bathroom or rooms on any floor no other bath or toilet shall be required in connection with such sleeping accommodations.
Each private or connecting bath shall contain one water closet and one bath or shower and one lavatory, provided, however, that if a lavatory is provided for each sleeping accommodation outside of the bath- room, the lavatory may be omitted in the bathroom.
Service sink. A service sink shall be provided on each floor.
Water supply. All fixtures, except water closets shall have both hot and cold water.
Apartments.
Bathrooms. In each separate suite or apartment intended for separate occupancy, there shall be provided at least one water closet, one lavatory and one bath or shower bath.
Kitchens. In every room used or intended for use as a kitchen or in which cooking is done or is intended to be done, there shall be provided at least one sink.
Water supply. All fixtures, except water closets shall have both hot and cold water. Rule 7C-2.02, Florida Administrative Code.
Public Restrooms--There shall be installed public restrooms for each sex, properly designated and easily accessible to guests. Individual towels and metal or approved type container for used towels shall be furnished, or an adequate mechan- ical dryer shall be provided. They shall be maintained in a clean and sanitary con- dition.
Guest bathrooms
There shall be one properly ven- tilated and complete public bathroom for each sex on every floor for every fifteen
(15) guests rooming on that floor not having access to private or connecting bathrooms.
At least ten (10) foot candles or light shall be provided in each public bathroom. Public bathrooms shall have hot and cold running water, open front toilet seats and shower enclosures. The walls, ceilings and floors shall be kept in good condition.
Private and connecting bathrooms
shall provide at least ten (10) foot candles of light, hot and cold running water, open front toilet seats, and shower enclosures.
The walls, ceilings and floors shall be kept in good condition. Rule 7C-3.01, Florida Administrative Code.
The evidence established violations of Section 509.221(2) and (8), Florida Statutes (1981), and of Rules 7C-1.03(7), 7C-1.04(1), 7C-2.02(1), and 7C-3.01(2)
and (3), Florida Administrative Code. The uncontroverted testimony painted a very bleak picture overall.
Upon consideration of the foregoing, it is RECOMMENDED:
That petitioner suspend respondent's license, No. 60-2595-H, for a period of one (1) year.
DONE AND ENTERED this 13th day of April, 1982, in Tallahassee, Florida.
ROBERT T. BENTON, II
Hearing Officer
Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32301
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 13th day of April, 1982.
COPIES FURNISHED:
T. E. Burgess
511 Rooming House
511 Southwest Fifth Street Belle Glade, Florida 33430
William A. Hatch, Esquire Department of Business
Regulation
725 South Bronough Street Tallahassee, Florida 32301
Lewis Reif
Division of Hotels and Restaurants
201 West Broward Boulevard
Fort Lauderdale, Florida 33301
Sherman S. Winn, Director Division of Hotels and
Restaurants
725 South Bronough Street Tallahassee, Florida 32301
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DIVISION OF HOTELS AND )
RESTAURANTS, )
)
Petitioner, )
)
vs. ) CASE NO. 81-2507
)
T. E. BURGESS, d/b/a 511 )
ROOMING HOUSE, )
)
Respondent. )
)
RECOMMENDED ORDER
This matter came on for hearing in Belle Glade, Florida, before the Division of Administrative Hearings by its duly designated Hearing Officer, Robert T. Benton, II, on September 16, 1982. The parties were represented by counsel
APPEARANCES
For Petitioner: John A. Boggs, Esquire
725 South Bronough Street Tallahassee, Florida 32301
For Respondent: Andrew Helgesen, Esquire
707 Comeau Building
West Palm Beach, Florida 33401
By notice to show cause, petitioner alleged violations of rules and statutes on August 17, 1981, in haec verba:
Violation of Rule 7C-1.04(1), 1st floor extinguisher not replaced, 2nd floor extinguisher past required service date.
Violation of Rule 7C-1.04(4), Multiple extention [sic] wirings in use; fixtures & switches in rooms need repair/ replacement.
Violation of Rule 7C-1.03(2)(8)
& 7C-1.04 (5)(6), Use of hot plates for in- room cooking is a significant fire
hazard.
Violation of Rule 7C-2.02(1)(2) & 7C-3.01(2)(3)(a)(b), Public toilets are not clean or in good repair; hot water faucets broken; plumbing in poor repair on sinks in rooms; shower stalls need repair and painting.
Violation of Section 509.221(8), Florida Statutes, Window glass and screen- ings need repair or replacement.
Violation of Section 509.221(2), Florida Statutes, Open spaced stairway rail- ings are not satisfactorily 'screened'.
Violation of Rule 7C-1.03(5)(7), Grounds around buildings are not clean.
Prior proceedings on this notice to show cause, including an administrative hearing on March 22, 1982, eventuated in the final administrative order, which was vacated by the Division of Hotels and Restaurants when it was made to appear that respondent had not received proper notice.
FINDINGS OF FACT
The parties stipulated that respondent T. E. Burgess, d/b/a 511 Rooming House, is license by petitioner. The licensed premises are located in the City of Belle Glade, Florida.
Mr. Burgess described the 511 Rooming House as "not hardly a Holiday Inn." At one time, the building housed fairly long-term residents, but recently the tenants have been more transient, including a significant number of "offshore people," i.e. Jamaicans and Haitians. The concrete block structure abuts a city easement in the rear and stands between similar buildings owned by others ten feet away on either side. Mr. Henry Drummer manages the property for Mr. Burgess with the help, in the last six to eight months, of a couple whose names Mr. Burgess does not know. Mr. Drummer is on the premises daily. Periodically, but not daily, the management tries to correct various problems.
On February 2, 1981, Arnold J. Pergament inspected the 511 Rooming House and noticed some of the uncorrected problems. One fire extinguisher was missing, one lacked a tag indicating the last time it was serviced, and another was losing pressure and in need of recharge.
Roomers' appliances, i.e., hot plates and "recreational equipment," overloaded electrical circuits. Hallway light fixtures lacked light bulbs. The bathrooms were not designated as being restricted to one sex. All four were unsanitary, and lacked hot water and adequate lighting. Plumbing fixtures had been ripped off the wall.
Walls, doors, screens, and windows in sleeping and public areas needed paint or repair. The grounds were covered with trash, garbage, and sour water. Mr. Pergament noted all this in an inspection report and indicated that stair and second story porch railings were too far apart. Mr. Burgess received a copy of this inspection report.
When Mr. Pergament returned for a scheduled reinspection on April 6, 1981, he found that not a single violation had been corrected. The shower stalls needed painting. Another inspection, on May 26, 1981, revealed additional deterioration: A commode as well as a sink had been torn from its mounting. The fire extinguishers had been serviced but no steps to correct any other violations had been taken. The condition of the grounds was worse. The same circumstances or worse obtained on June 1, 1981, and on July 1, 1981. On August 26, 1981, Mr. Pergament inspected again and found that the bathrooms and grounds were in better condition than before.
On August 25, 1982, Barry K. Underwood, a building inspector for the City of Belle Glade, inspected the 511 Rooming House. He found no hot water pipe in the men's bathroom downstairs, where a lavatory handle was also missing. The drains in one of the women's bathrooms were not connected to any pipe.
Holes in exterior walls were large enough to permit rodents to enter. Not all of the exterior doors would shut. Six lights had exposed wiring. Electrical switch cover plates were missing downstairs. An electrical outlet in room No. 31 on the second floor was within three feet of the window. There was trash underneath the building.
In the last few weeks, Mr. Burgess has caused hardware cloth to be put up inside the windows to prevent their being broken from inside the building. How readily this wire mesh could be removed in case of fire was not established by the evidence. The day before the hearing, respondent secured building permits necessary to correct misaligned plumbing and all electrical and sewage problems. The week before the hearing he contracted for various repairs.
THE RAILINGS
Railings on the second floor porches and stairways are the same ones Mr. Pergament has inspected for 15 years or more. They have vertical supports five feet apart. The top rails are 40 inches high with a single horizontal rail
20 inches high between them and the floor or stairs. According to Mr. Burgess, the railings conformed to the building code of the City of Belle Glade when built. Petitioner originally licensed the 511 Rooming House with these same railings.
Mr. Pergament testified that he "noted" the wide spaces in the railings on inspections years ago but never required that anything be done. After accidents occurred on account of wide spacing of railings elsewhere in the state, there was a "departmental ruling," requiring action, according to Mr. Pergament, who also testified that petitioner has adopted the Southern Standard Building Code, which includes unspecified railing spacing requirements.
Petitioner filed a proposed recommended order, which has been considered in preparation of the foregoing findings of fact. Petitioner's proposed findings of fact have been adopted, in substance, insofar as relevant, except to the extent they are unsupported by the evidence.
CONCLUSIONS OF LAW
Petitioner is authorized to "suspend or revoke the license of any public lodging establishment . . . that has operated . . . in violation of any of the provisions of . . . chapter [509] . . . [or i]n lieu of the suspension or revocation . . . impose fines [not to exceed $500 for each offense . . . . " Section 509.261(1) and (2), Florida Statutes (1981).
In the notice to show cause, petitioner has alleged violations of these statutory provisions:
(2) Each public lodging establishment and each public food service establishment shall be properly plumbed, lighted, heated, cooled, and ventilated and shall be operated with strict regard to the health, comfort, and safety of the guests. Such proper lighting shall be construed to apply to both daylight and artificial illumination; such proper plumbing shall be constructed and plumbed according to proper sanitary princi- ples; and such proper ventilation or cooling shall be construed to mean at least one door and one window in each room.
(8) The operator of any public lodging establishment or public food service estab- lishment shall keep all flies out of such establishment. Section 509.221, Florida Statutes (1981).
In addition, the notice to show cause alleges violations of the following rule provisions:
(2) Attics, basements, boiler rooms and storage rooms shall be kept clean and free of debris and flammables.
(5) Outside garbage receptacles shall be adequate or nonabsorbent material, clean, water-tight and kept covered at all times with a tight-fitting cover. One such recep-
tacle is required for each unit having cooking facilities.
Premises, yards, alleys, etc.,
shall be kept clean, free of debris and prop- erly drained.
Flammable materials inside an establishment shall be stored in approved type containers (maximum size five (5) gallons) in a safe place. Rule 7C-1.03, Florida Administrative Code.
The following general requirements and standards shall be met by all public lodg- ing and food service establishments:
Fire Extinguishers (required for Class A fires--ordinary combustibles) --There shall be one of the following types of fire extinguishers for each 3000 square feet or less of floor space on each floor and the maximum travel distance to the nearest fire extinguisher shall not exceed 75 feet:
2 1/2 gallon soda acid fire extin- guisher.
2 1/2 gallon pressurized water fire extinguisher.
2 1/2 gallon pressurized antifreeze fire extinguisher.
2 1/2 gallon cartridge operated water fire extinguisher
2 1/2 gallon cartridge operated antifreeze fire extinguisher
2 1/2 gallon foam fire extinguisher
4 lb to 10 lb. ABC fire extinguisher (with minimum rating of 2A-10BC)
Note: Two of any of the above sizes of ABC extinguishers with 1A-10BC rating, may be used in place of one ABC with 2A-10BC rating.
Fire extinguishers (required for Class B--Flammable Liquids--grease, oil, etc. and Class C fires--Electrical) --In addition to the above (except when ABC extinguishers are used) there shall be a minimum of one 5 lb. dry chemical fire extinguisher on each floor
for each 100 feet of travel distance or less. Extinguisher must be placed so the minimum travel distance to the nearest 5 lb. dry chemical extinguisher is not over 50 feet.
Electrical wiring--To prevent fire or injury, defective electric wiring shall be replaced and wiring shall be kept in good repair. No extension cords shall be used. Only wall switch or approved pull cord is permitted in bathrooms. Sufficient elec- trical outlets shall be provided.
Heating and ventilation--The heat- ing and ventilation system shall be kept in good repair or be installed to maintain min- imum of 680 F. temperature throughout the building; except that same shall not apply to the land areas lying south of latitude
26 degrees, 20 minutes North.
Fireproof shields must be used around and under stoves and boiler room must be enclosed with fireproof walls, fireproof ceiling and metal covered doors. The insurance inspec- tor's boiler report is required annually and shall be posted in the boiler room.
Gas appliances--All appliances including water heaters using gas must be kept in good repair and properly vented where required and shall meet the following requirements:
All appliances must have AGA or UL seal.
Heating appliances must be prop- erly sized in BTU input for room air space.
Oversized heaters, including oil, must be equipped with a thermostat.
Gas heating and automatic appli- ances must be equipped with complete safety pilots.
Vented gas appliances must be equipped with draft hoods.
Vented type appliances must be flue or vent connected.
Vented type appliances must be vented.
Appliances in sleeping rooms and bathrooms must be vented.
Appliances must be installed at proper distances from combustibles.
Gas refrigerators must be installed at least two (2) inches from the rear wall
and with at least twelve (12) inches clearance above top. Rule 7C-1.04, Florida Administra- tive Code.
The Director adopts the provisions of Chap- ters 10D-9 and 10D-10 of the Florida State Sanitary Code that are in effect as of August 24, 1970, as the minimum requirements
for plumbing and fixtures in the construction of all establishments within his jurisdiction, except that the words "administrative autho- rity" means "the Director" and except that
the following fixtures are required:
Hotels and Motels.
Public toilets. Where there are one or more public dining rooms or cafes, there shall be provided at least one water closet and one lavatory for each sex, for public use and where these water closets and lavatories are not accessible to the kitchen employees, additional water closet
or closets, and lavatory or lavatories shall be provided for such employees. One free public toilet for each sex.
Where approved by the Director, provi- sions may be made by which the same toilets may be used in connection with lobbies and public dining rooms or cafes.
Guest bathrooms. In every hotel, on each floor where sleeping accommodations are provided, there shall be at least one water closet for each sex and there shall be also one lavatory and one bathtub or shower for every fifteen (15) guests, or major fraction of that number rooming on that floor not provided with private or connecting bathrooms, provided, however, that where approved by the supervising architect, provisions may be made for use by guests of public water closet or closets
maintained in connection with a public lobby or public lobbies where such water closet
or closets are easily accessible to such guests.
Where sleeping accommodations are pro- vided for more than fifteen (15) persons on any floor, additional water closets, lava- tories, and baths or showers shall be pro- vided for each such fifteen (15) additional persons or major fraction of that number.
Where every sleeping accommodation has unrestricted access to or use of private connecting toilet and bathroom or rooms on any floor no other bath or toilet shall be required in connection with such sleeping accommodations.
Each private or connecting bath shall contain one water closet and one bath or shower and one lavatory, provided, however, that if a lavatory is provided for each sleeping accommodation outside of the bath- room, the lavatory may be omitted in the bathroom.
Service sink. A service sink shall be provided on each floor.
Water supply. All fixtures, except water closets shall have both hot and cold water.
Apartments.
Bathrooms. In each separate suite or apartment intended for separate occupancy, there shall be provided at least one water closet, one lavatory and one bath or shower bath.
Kitchens. In every room used or intended for use as a kitchen or in which cooking is done or is intended to be done, there shall be provided at least one sink.
Water supply. All fixtures, except water closets shall have both hot and cold water. Rule 7C-2.02, Florida Administrative Code.
Public Restrooms--There shall be installed public restrooms for each sex, properly designated and easily accessible to guests. Individual towels and metal or approved type container for used towels shall be furnished, or an adequate mechan- ical dryer shall be provided. They shall be maintained in a clean and sanitary con- dition.
Guest bathrooms
There shall be one properly ven- tilated and complete public bathroom for each sex on every floor for every fifteen
(15) guests rooming on that floor not having access to private or connecting bathrooms.
At least ten (10) foot candles or light shall be provided in each public bathroom. Public bathrooms shall have hot and cold running water, open front toilet seats and shower enclosures. The walls, ceilings and floors shall be kept in good condition.
Private and connecting bathrooms shall provide at least ten (10) foot candles of light, hot and cold running water, open front toilet seats, and shower enclosures. The walls, ceilings and floors shall be kept in good condition. Rule 7C-3.01, Florida Administrative Code.
The evidence established violations of Section 509.221(2) and (8), Florida Statutes (1981), and of Rules 7C-1.03(7), 7C-1.04(1), 7C-2.02(1), and 7C-3.01(2)
and (3), Florida Administrative Code. Petitioner met its burden to establish with evidence a record basis for its incipient policy to require railings to be close enough together to prevent small children's falling. The uncontroverted testimony painted a very bleak picture overall, relieved only slightly by respondent's much belated efforts to bring the situation under control.
RECOMMENDATION
Upon consideration of the foregoing, it is RECOMMENDED:
That petitioner suspend respondent's license, No. 60-2595-H, for a period of six (6) months and thereafter until all of the violations proven at hearing have been corrected.
DONE and ENTERED this 8th day of October, 1982, in Tallahassee, Florida.
ROBERT T. BENTON, II
Hearing Officer
Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32301
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 8th day of October, 1982.
COPIES FURNISHED:
John A. Boggs, Esquire Department of Business
Regulation
725 South Bronough Street Tallahassee, Florida 32301
Andrew Helgesen, Esquire 707 Comeau Building
West Palm Beach, Florida 33401
Gary R. Rutledge, Secretary Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301
Sherman S. Winn, Director Division of Hotels and
Restaurants
725 South Bronough Street Tallahassee, Florida 32301
| Issue Date | Proceedings |
|---|---|
| May 13, 1982 | Final Order filed. |
| Apr. 13, 1982 | Recommended Order sent out. CASE CLOSED. |
| Issue Date | Document | Summary |
|---|---|---|
| May 04, 1982 | Agency Final Order | |
| Apr. 13, 1982 | Recommended Order | Respondent's license should be suspended for one year for failing to take steps to correct many violations in rooming house. |
