STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND . PROFESSIONAL REGULATION . 2) 4 7 Patitioner, ; 9 cele vs. : License No. 1605642 GREEN TERRACE License Type 2003 “v Respondent. Case No, 2008025773 2, “0 . é 4 Sp ADMINISTRATIVE COMPLAINT ely Ge SG. The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND" 637) Ve RESTAURANTS, (“Petitioner”), files this Administrative Complaint against GREEN TERRACE, ("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 260 SW 8 ST, POMPANO BCH, FLORIDA 330608348.The mailing address of record is GREEN TERRACE, at 5041 NW 112 DR, CORAL SPGS, FLORIDA 33076. : , 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; 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 theyrules promulg thereto, : Signed May 11, 2006 Ken Buck, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: . Charles F. Tunnicliff, Lead Attorney Florida Bar No, 0153831 Department of Business & Professional Regulation 4940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: : | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2006 oe Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2006025773 District Number: 02 License Number: 1605842 2003 . Form revised 03.06.06 GREEN TERRACE Exhibit A License Number: 1605642 ; License Type: 2003 APARTMENT Case Number: 2006025773 “FC" as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code, “NFPA’ as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, Incorporated by reference at Chapter 4A-3, “Fire Prevention, General Provisions”, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. “* denotes a critical violation, It is alleged that on March 15, 2006 and April 28, 2006 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (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. * 1.01-09 NFPA 10,1-6.2 PORTABLE EXTINGUISHERS SHALL BE MAINTAINED IN A FULLY CHARGED AND OPERABLE CONDITION OBSERVED MISSING FIRE EXTINGUISHER BY APARTMENT 3 AND APARTMENT 9, EMPTY BOX, * 2,06-02 61C-1.004(10) FAC MEANS OF ACCESS MUST PERMIT UNOBSTRUCTED TRAVEL AT ALL TIMES AND BE MAINTAINED FREE OF OBSTRUCTIONS OBSERVED MEANS OF EGRESS OBSTRUCTED BY APARTMENT 7, * 3.12-02 61C-4 004(6)FAC ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR OBSERVED LOOSE BALCONY RAILING BY APARTMENT 7. . . 4,13-01 61C-1,004(6)FAC ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS. A. OBSERVED BROKEN WINDOW BY APARTMENT 3, CRACKED. B. OBSERVED BROKEN WINDOW BY APARTMENT 9. 5. 25-02 61C-3.001(7) FAC _PREMISES- THE YARDS, ALLEYS, DRIVEWAYS, SIDEWALKS, AND OTHER EXTERIOR PORTIONS OF THE LICENSED PREMISES SHALL BE KEPT CLEAN, FREE OF DEBRIS, FREE OF OBJECTIONABLE ODORS, AND PROPERLY DRAINED, MAINTAINED AND MOWED A. OBSERVED STOVE AND AIR CONDITIONING UNIT STORED OUTSIDE APARTMENT 8. B. OBSERVED FISH TANK, CHAIR, BOX, STORED OUTSIDE APARTMENT 7. C, OBSERVED CHAIRS, BENCH, TILE, GARBAGE, BOXES, GRILL AND TELEVISION STORED NEAR APARTMENT 11. . 6. 26-01 64C-1.004(1)(E) FAC ALL GARBAGE AND RUBBISH SHALL BE REMOVED FROM THE ESTABLISHMENT PREMISES WITH SUFFICIENT FREQUENCY TO PREVENT NUISANCE GONDITIONS AND SHALL BE DISPOSED OF IN ACCORDANCE WITH PROVISIONS OF CHAPTER 62-701, FAC HEREIN ADOPTED BY REFERENCE. A. OBSERVED GARBAGE ON GROUND ON BUILDING, EAST SIDE. Case Number: 2006025773 District Number: 02 License Number: 1605642 2003 Form revised 03,06,06 GREEN TERRACE . B. OBSERVED GARBAGE NOT STORED IN CONTAINERS, PILED UP ON FLOOR ON BUILDING, EAST SIDE, C, OBSERVED GARBAGE BAGS STORED OUTSIDE APARTMENT 8. Case Number: 2006025773 District Number: 02 License Number. 1605642 2003 Form revised 03.06.08 GREEN TERRACE EXHI BIT B State of Florida eae Department of Business and Professional’ Regulation Division of Hotels and Restaurants www. hospitalityeducation.org page__} of _/ i County Suffix 1G oswa lt | NOTICE Ta File Number WARNING OF Bd Warning Pf id -DIREGT NOTICE: SHOW CAUSE ()Pre-conterance ree ‘Bioaingreust Failure to be in compliance You will be issued a Notice to CPre-hearing with this notice at any Show Causa why sanctions (20h Stipulation . future inspection may should not be assessed against (20h Hearing Order (Time axtendad date td raguit in a direct Notice to your licenga. A hearing will ba Clother: Show Cause, bald at a time and placa to ke time: designated by the director. Owner Nome: SQKeg, Vereic Business Wame: ONCE “Teen ce Business Address; DO BW BW Business City: — Pampa heady, RECIPIENT'S NAME [PLEASE PRINT] Waseda RECIPIENT'S Cw AQ WS DE ay ESTABLEAMENT aoa DPR Form HR §022-005 MyFlorida.com 2002 Febvary 08 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION EX LEG Division of Hotels and Restaurants CONTROL NUMBER INSPECTOR AL NOTICE LICENSING ae nistaicT SD 8 OWNER NAME @® = Nontransiant Apartment © Hotel Sp Grea. v. cxe Motel BUSINESS NAME oO © Transient Rooming House Qe eam NV SOLS (9 indlvidual Condo ©) Individuet Dwelling (© Transient Apartment (3 Group Condo FOU RESOAT CONDOMINIUMS AND RESORT.OWELLINGS ORLY... B Group Dwelling Building No, Unit No. County No, No, of Unis (CQ Collective Condo of Bldg. . . © Collective Dwelling : . ©) Nontransiant Rooming House © Bed & Breakfast INSPECTION REASON Failure to comply with thia Notice may Initiate an administrative complaint that may result In suspension or revacation of your ilcense and fines. i_ 30 40 Routing Complaint ~ INSPECTION RESULTS 1 ANY VIOLATIONS noted harain must bo . carrectad by the NEXT ROUTINE INSPECTION, Ba S ECam Cece 2 WARNING: SORTS LSS i Violations In the oparation of your sstablishment must be corractad by: Times. 3 ADMINISTRATIVE COMPLAINT recommended based upon repeated viotations(s). Information DISPOSITION 8 © Pending . Base: % AWG- GVAaKgTG 5© Seasonal 6 © EMERGENCY ORDER recommended based upon vioisilons that area severe and immadiate threat to the public, NOTE: ITEMS IN RED AND MARKED WITH (TEN “01: FINE IVEN ‘03: SPRINKLER & ITER 04: AN ASTERISK ARE OF CRITICAL CONCERN EXTINGUISHERS roe SYSTEMS: Den a SYSTEMS AND MUST BE CORRECTED IMMEDIATELY, fama fats fe See reverse side for explanation of citations, W710 70 10 ad O20 123 92209 329 eo ‘SI naa 3m a 4 3D uO “1560 23m ssl “oom ‘16 ze oe 97 170 ‘27 370. 0309 Cl ‘2009 sm oO wO ao af ao 009 ATER Ve DO NOT WRITE IN THIS SPACE Recipient's Name (PLEASE PRINT) Cerragieds shai Reciptent’s Title So4t poy a dY Reciptent’s Signature Cocad Serings A. BBO 0 Entablishment Telephone Date and Time LODGING INSPECTION REPORT State of Florida EXHIBIT B © contro! Number Department of Business and Professional Regulation Division of Hotels and Restaurants . S@ -_OS¢43 www. hospitalityedueation.org COMMENTS SHEET Pee of Addendum to DBPR Forms HR 5022-005, 5022-014, 5022-015, 5022-082, or 5022-083. For comments to the Lodging, Food Service, or HACCP Inspection: Call Back/Reinspection Report, or HACCP Plan Verification. DBPR Form HR 5022-042 MyFlorida.com 2001 Noveraber 04

Docket for Case No: 06-002697

Orders for Case No: 06-002697