STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONS: DIVISION OF HOTELS AND RESTAURANTS “Y A DEPARTMENT OF BUSINESS AND OO -\4 20 || Civision of Aa\Ctbanee pe i Agative Hearin PROFESSIONAL REGULATION, i es Petitioner, vs. ABSOLUTELY FLORIDA HOMES License No. 59-0432-C' RAMADA LIMITED Case No. 4-00-3 Li Respondent. / Time ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT ION, |, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Camplaint against ABSOLUTELY FLORIDA HOMES, (“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 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 1071 ERIC COURT, KISSIMMEE, |FL 34744. 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 and incorporated herein by reference. the following penalties: administrative fine not to exceed $1000 per offens WHEREFORE, Petitioner respectfully requests entry of an Order rere attendance at Respondent's expense at an educational program sponsor, A", attached hereto sing one or more of e; mandatory d 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 January 26, 2000 &. endall Burkett, District Administrator Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Gail Hoge, Senior Attorney Florida Bar No. 0909289 Department of Business & Professional Regulation 1940 North Monroe Street, Tallahassee, Florida 32399-1007 Telephone 850 - 488-3140 / Facsimile 850 - 488-5074 Revised 11/22/1999 | | ! =| . ' YU Lice Cas se #: 59-00432 C #, 04-00-31 It is alleged that on November 30,1999 and December 6, 1999 and December 27, 1999 and January 21,2000 the licensee was in violation of Florida Statute 509 and/or the Rules of the Division of| Florida Administrative Code, in the following particulars: 1. *04-1 61C-1.004(5) FAC NFPA 16-3.4.1 All fire safety, protection and prevention equipment must be installed, and the National Fire Protection Associati Hotels and Restaurants, n Life Safety Code approved, maintained and used in seition with Chapter 509, FS, Chapter 101, as adopted by the Division o: Chapter 4A-3, FAC. State Fire Marshal in A fire alarm system in accordance with Settion 7-6, except as modified by 16-3.4.2 through 16-3.4.4, shi THE REQUIRED FIRE ALARM SYS’ INSTALLED IN #1001-#1007, #1030-#1 all be provided. MS HAVE NOT BEEN 24 AND #1022 - #1016. Exhibit A Page 1 of 1 A Y U DIVISION OF HOTELS AND RESTAURANTS we - FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAIL REGULATION nN he i EXPLANATION OF RIGHTS __ The enclosed Administrative Complaint charges you with violating ong or more provisions Ca Chapter 509, Florida Statutes, or Rule 61C, Florida Administrative Code. If you have questions regarding your response or best course of action, you may wish to seek competent legal counsel. Failure to make an election, as described below, within the 21 da Administrative Complaint packet waives your right to a hearing in this Department may proceed against you by default. s of your receipt of this atter, and the Your receipt of this Administrative Complaint packet constitutes service upon you. Your rights under Florida law (Chapter 120, Florida Statutes) are as follows: 1. You may elect to dispute the violations alleged in the Complaint and request a hearing on the disputed facts before an Administrative Law Judge, which is an administrative trial. You and the Department will be given an opportunity to present evidence a disprove the facts alleged and, after the hearing, submit a written order for the Judge's consideration. Based on the evidence and t d witnesses to prove or roposed recommended stimony presented and - any proposed recommended orders submitted by the parties, the Judge will issue a Recommended Order to the Department containing Findings of Fact, Conclusions of Law, and Recommended Penalty, if any. The parties may submit exceptions to the : Recommended Order. Following review of the Recommended Order and exceptions, if any, the Department may issue a Final Order. 2. You may elect to not dispute the violations alleged in the Complaint and request that a hearing be held to present testimony or documents you wish the Department to consider in mitigation of the alleged violations prior to disposition of this case. included in a Final Order. If a dispute of material fact arises, the h and the case referred for administrative trial as described in parag Settlement Officer as instructed in the cover letter accompanying Any penalty levied will be earing will be terminated raph 1 above. his packet. Upon final 3. You may seek to resolve this matter through a negotiated anying with the Department’s approval by the Department, the settlement will be incorporated in the case. Participating in settlement discussions does not pr hearing. Failure to make an election within 21 days, as deseri 2 above, will waive your right to a hearing. 4. You may waive hearing in this matter, and the Department will pro possible penalty at its discretion. An Election of Rights form is included with this Administrative Compla respond to the Administrative Complaint by electing one of the options on the and the Department must receive it within 21 days of your receipt of this Adm ‘0 a Final Order resolving serve your right toa bed in paragraphs 1 and ceed with resolution and nt packet. You must Election of Rights form nistrative Complaint packet. The Division will then determine whether a dispute of material fact exists, and schedule the appropriate hearing. Notice of the date, time, and place of hearing will be sent to you at the address designated by you on your Election of Rights. Pursuant to Chapter 120.573, Florida Statutes, please be advised available for resolution of this action. Revised 11/22/1999 that mediation is not ” ye % “a yly, ene ee vy ° in aa

Docket for Case No: 00-001430