Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: HOLLAND APARTMENTS
Judges: SUZANNE VAN WYK
Agency: Department of Business and Professional Regulation
Locations: Fort Walton Beach, Florida
Filed: Aug. 09, 2013
Status: Closed
Recommended Order on Wednesday, December 11, 2013.
Latest Update: Jan. 06, 2014
Summary: Petitioner proved that Respondent apartment complex was in violation of agency rules. Mitigating circumstances existed as units were unoccupied and not held out for rent.
State of Florida
Department of Business and Professional Regulation
Division of Hotels and Restaurants
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Petitioner,
vs.
License Number 5603606
HOLLAND APTS dent License Type 2003
espondent. Case Number 2013021633
/
Administrative Complaint
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against HOLLAND APTS, ("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 860 W JAMES LEE
BLVD, CRESTVIEW, FLORIDA 32536.The mailing address of record is HOLLAND APTS, at 162
RAINBOW DRIVE, FORT WALTON BEACH, FLORIDA 32548.
3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations
of the provisions of Chapter 809, 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, 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
tules promulgated thereto,
Signed May 20, 2013
Ken Hensdill, District Manager
By delegation of the Director, or designee
Division of Hotels & Restaurants
Department of Business & Professional Regulation
COUNSEL FOR THE DEPARTMENT:
Marc Drexler, Lead Attorney
Florida Bar No, 0487058
Department of Business & Professional Regulation
1940 North Monroe Street
Tallahassee, Florida 32399-2202
Certificate of Service
BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: 7196 9008 9111 0766 7938
| HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been
hand served by me on this day of , 2013.
Received by:
Inspector's Signature Operator's Signature
Title Title
Case Number: 2013021633 File Number: 84957 District Number: 06
License Number: 5603606 2003 Form revised 01.01.13
HOLLAND APTS
Exhibit A
License Number: 5603606
License Type: 2003 APARTMENT
Case Number: 2013021633
Itis alleged that on March 11, 2013, May 13, 2013 Respondent was in violation of Florida Statute 509 (FS); the
Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), and/or specific provisions
of the Food Code, Recommendations of the United States Public Health Service, Food and Drug
Administration, as incorporated by Chapter 61C, 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.
** denotes a high priority violation.
* denotes an intermediate priority violation.
4. 13-03-4 61C-1.004(5) FAC Basic: All building structural components, attachments and fixtures shall be
kept in good repair.
Observed water damage on the wall (in kitchen area of office unit).
2. 13-03-4 61C-1.004(5) FAC Basic: Alll building structural components, attachments and fixtures shall be
kept in good repair.
Observed moid-like substance on wall (under A/C units behinde building).
3. 13-08-4 61C-1.004(5) FAC Basic: All ouilding structural components, attachments and fixtures shall be
kept in good repair.
Observed hole in the ceiling (small holes in ceiling of office unit #143)
4. 13-09-4 61C-1,004(5) FAC Basic: All building structural components, attachments and fixtures shall be
kept in good repair. ,
Observed water damage on the ceiling (in kitchen area of office unit #143)
6. 13-12-4 61C-1.004(5) FAC Basic: All building structural components, attachments and fixtures shall be
kept in good repair.
Observed hole in the soffit/fascia (between Apt. !40 & 141).
6. 13-23-4 61C-1.004(5) FAC Basic: All building structural components, attachments and fixtures shall be
kept in good repair.
Observed door frame in disrepair (door frame into bathroom of office unit #143).
7. 13-28-4 61C-1.004(5) FAC Basic: All building structural components, attachments and fixtures shall be
kept in good repair.
Observed rotted woad on exterior of building (above Apt. 141).
8.25-07-4 509.221(7)FS Basic: The operator of any establishment licensed under this chapter shall take
effective measures to protect the establishment against the entrance and the breeding on the premises of all
vermin. Any room in such establishment infested with such vermin shall be fumigated, disinfected, renovated,
or other corrective action taken until the vermin are exterminated.
Observed discarded couch stored outside.
Case Number: 2013021633 File Number: 84957 District Number: 06
License Number: 5603606 2003 Form revised 01.01.13
HOLLAND APTS
Docket for Case No: 13-002954
Issue Date |
Proceedings |
Jan. 06, 2014 |
Agency Final Order (13-002954) filed.
|
Jan. 06, 2014 |
Agency Final Order (13-003384) filed.
|
Dec. 11, 2013 |
Recommended Order (hearing held October 1, 2013). CASE CLOSED.
|
Dec. 11, 2013 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
|
Dec. 09, 2013 |
Respondent`s Proposed Recommended Order filed.
|
Nov. 21, 2013 |
Order Granting Extension of Time.
|
Nov. 21, 2013 |
Notice of Ex-parte Communication.
|
Nov. 19, 2013 |
Letter to Judge Van Wyk from C. Holland requesting for an extension filed.
|
Nov. 12, 2013 |
Petitioner's Proposed Recommended Order filed.
|
Oct. 30, 2013 |
Transcript (not available for viewing) filed. |
Oct. 01, 2013 |
CASE STATUS: Hearing Held. |
Sep. 25, 2013 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
Sep. 24, 2013 |
Transmittal Letter filed.
|
Sep. 24, 2013 |
Petitioner's Witness List filed.
|
Sep. 24, 2013 |
Petitioner's (Proposed) Exhibit List filed.
|
Sep. 18, 2013 |
Notice of Transfer.
|
Sep. 18, 2013 |
Order of Consolidation (DOAH Case Nos. 13-2954 and 13-3384).
|
Aug. 14, 2013 |
Order of Pre-hearing Instructions.
|
Aug. 14, 2013 |
Notice of Hearing by Video Teleconference (hearing set for October 1, 2013; 9:00 a.m., Central Time; Pensacola and Tallahassee, FL).
|
Aug. 14, 2013 |
Response to Initial Order filed.
|
Aug. 09, 2013 |
Initial Order.
|
Aug. 09, 2013 |
Election of Rights filed.
|
Aug. 09, 2013 |
Administrative Complaint filed.
|
Aug. 09, 2013 |
Agency referral filed.
|
Orders for Case No: 13-002954
Issue Date |
Document |
Summary |
Jan. 06, 2014 |
Agency Final Order
|
|
Jan. 06, 2014 |
Agency Final Order
|
|
Dec. 11, 2013 |
Recommended Order
|
Petitioner proved that Respondent apartment complex was in violation of agency rules. Mitigating circumstances existed as units were unoccupied and not held out for rent.
|