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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs INDIANA HOUSE, 02-001987 (2002)

Court: Division of Administrative Hearings, Florida Number: 02-001987 Visitors: 47
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
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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.
Source:  Florida - Division of Administrative Hearings

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