Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: INDIANA HOUSE
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Business and Professional Regulation
Locations: St. Cloud, Florida
Filed: May 15, 2002
Status: Closed
Recommended Order on Friday, September 27, 2002.
Latest Update: Dec. 24, 2002
Summary: Whether Respondent Indiana House violated Subsection 509.032(2)(b), Florida Statutes, and Rules 4A-48.003, 61C- 1.004(9)(b), 61C-1.004(11), and 61C-3.001(5), Florida Administrative Code, and, if so, what penalty should be imposed. Whether Respondent Illinois House violated Subsection 509.032(2)(b), Florida Statutes, and Rules 61C-1.004(5) and 4A-48.003, Florida Administrative Code, and, if so, what penalty should be imposed.Transient boarding home failed to have fire alarm system and owner faile
Summary: Whether Respondent Indiana House violated Subsection 509.032(2)(b), Florida Statutes, and Rules 4A-48.003, 61C- 1.004(9)(b), 61C-1.004(11), and 61C-3.001(5), Florida Administrative Code, and, if so, what penalty should be imposed. Whether Respondent Illinois House violated Subsection 509.032(2)(b), Florida Statutes, and Rules 61C-1.004(5) and 4A-48.003, Florida Administrative Code, and, if so, what penalty should be imposed.Transient boarding home failed to have fire alarm system and owner failed to provide access to inspection.
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~ JA~[727
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS ~ | ! FE n
DEPARTMENT OF BUSINESS AND OT hae ee
PROFESSIONAL REGULATION, .
Petitioner, O2MAYIS PH 1:15
VS. 4 -
, PIVISIOM GF
INDIANA HOUSE License No, 59-09355-H AGMIMISTRATIVE
Respondent. Case No. 4-02-79 PEARIUGS
!
re
ADMINISTRATIVE COMPLAINT.
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against: INDIANA HOUSE, (‘Respondent’), and
says:
4. Petitioner is the state agency charged with regulating the operation of public lodging establishments and
public food service establishments, pursuant to Sec. 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 last known business address is 1114 INDIANA
AVENUE, SAINT CLOUD, EL 34769.The last known mailing address is THOMAS GRIFFEN, 1221
42TH STREET, SAINT CLOUD, FL. 34769.
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. :
WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following
penalties: administrative fine not to exceed $1000 per offense, mandatory attendance at Respondent's expense at
an educational program sponsored by the Department's Hospitality Education Program, 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 March 13, 2002
“ee vebaLl,
Kendall Burkett, District Administrator
By delegation of the Director, or designee
Division of Hotels & Restaurants
Department of Business & Professional Regulation
COUNSEL FOR THE DEPARTMENT:
Gail Scott-Hill, Senior Attorney
Florida Bar No, 0909289
Department of Business & Professional Regulation
4940 North Monroe Street, Tallahassee, Florida 32399-1007
Telephone 850 - 488-3140 / Facsimile 850 - 488-5074
CERTIFICATE OF SERVICE p73 Oeb a20
BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: SENDERS RECORD
| HEREBY CERTIFY that a true and correct copy of the foregoing ORDER has been hand served by me
2002.
on this ay of A
Received by:
Inspector's Signature Operator's Signature
oo _
Title Title
Case No: 4-02-79 Revised 1/1/2002
License No: §9-09355-H Business Name: INDIANA HOUSE
License #: 59-09355H
Case #: 04-02- 79 “y
.. Qo omy F
Exhibit A .
xhibi MY j {)
United States Public Health Service, Food and Drug Administration, incorporatedyy ei tes, 61C,
Administrative Code. “NFPA” as cited herein references specific provisions of the Iyad haltiterProtection
Association Life Safety Code, incorporated by reference at Chapter 4A-3, “Fire Prevéntion, Cérgjal,
Provisions”, Florida Administiative Code, and 61C-1.004(6), Florida Administrative Code." eS
“FC” as cited herein references specific provisions of the 1999 Food Code, race egret
Fi “Topi
Gs
itis alleged that on February 12 and February 18, 2002 the licensee was in violation of Florida Statute
509(IFS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in
the following particulars:
101-31 61C-1.004(9)(b) FAC A standard state approved service tag shall be attached to each
extinguisher and a person holding a valid state permit issued by the
State Fire Marshal shall recharge or inspect the extinguisher and shall
prepare the tag to include the information required by rule 4A-21 241,
FAC, herein adopted by reference.
YHERE WAS NO SERVICE TAG ON THE FIRE
EXTINGUISHER.
2. *07-2 61C-1.004(11) FAC . .. No extension cords shall be used except during cleaning,
maintenance and other temporary activities... .
*07-1 61C-1.004(11) FAC Electrical wiring -- To prevent fire or injury, defective electrical
wiring shall be replaced and wiring shall be kept in good repair . . ..
A. THERE WAS A GANG PLUG IN USE IN BEDROOM #2.
B. BEDROOM #1 HAD WIRES DANGLING FROM THE FAN
LIGHT.
3, 18-2 61C-3.001(5) FAC Furniture, upholstery, draperies, shades, venetian doors, blinds, and
other provided furnishings in lobbies, lounges, parlors and bedrooms
shall be kept clean, and be renovated or replaced as needed. . . .
THE A/C FACE PLATE WAS MISSING EXPOSING THE
FILTERS AND COILS.
Exhibit A
Page 1 of 1
Docket for Case No: 02-001987
Issue Date |
Proceedings |
Dec. 24, 2002 |
Final Order filed.
|
Sep. 27, 2002 |
Recommended Order issued (hearing held July 31, 2002) CASE CLOSED.
|
Sep. 27, 2002 |
Recommended Order cover letter identifying hearing record referred to the Agency sent out.
|
Sep. 16, 2002 |
Petitioner`s Proposed Recommended Order (filed via facsimile).
|
Sep. 10, 2002 |
Letter to Judge Kirkland from C. Tunnicliff enclosing a copy of the hearing transcript filed.
|
Sep. 09, 2002 |
Transcript filed. |
Jul. 31, 2002 |
CASE STATUS: Hearing Held; see case file for applicable time frames. |
Jul. 22, 2002 |
Petitioner`s Witness List (filed via facsimile).
|
Jul. 10, 2002 |
Amended Notice of Hearing issued. (hearing set for July 31, 2002; 9:00 a.m.; St. Cloud, FL, amended as to Location).
|
Jun. 14, 2002 |
Order of Pre-hearing Instructions issued.
|
Jun. 14, 2002 |
Notice of Hearing issued (hearing set for July 31, 2002; 9:00 a.m.; St. Cloud, FL).
|
Jun. 12, 2002 |
Joint Response to the Initial Order (filed via facsimile).
|
May 29, 2002 |
Order of Consolidating Cases and Requiring Response to Initial Order issued. (consolidated cases are: 02-001986, 02-001987, 02-002014, 02-002015)
|
May 21, 2002 |
Petitioner`s Motion to Consolidate Cases (of case nos. 02-1986, 02-1987, 02-2014, 02-2015 ) (filed via facsimile).
|
May 15, 2002 |
Administrative Complaint filed.
|
May 15, 2002 |
Election of Rights filed.
|
May 15, 2002 |
Agency referral filed.
|
May 15, 2002 |
Initial Order issued.
|
Orders for Case No: 02-001987
Issue Date |
Document |
Summary |
Dec. 19, 2002 |
Agency Final Order
|
|
Sep. 27, 2002 |
Recommended Order
|
Transient boarding home failed to have fire alarm system and owner failed to provide access to inspection.
|