Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: OT 15, INC., D/B/A 1900 APARTMENTS
Judges: STUART M. LERNER
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Jun. 13, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, July 2, 2002.
Latest Update: Dec. 25, 2024
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‘STATE OF FLORIDA FILED
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
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ADM MINISTRATIVE
Petitioner, OO 4 us | i HEARINGS
vs.
Department of Business and Professional Regblation,
Division of Hotels and Restaurants,
Case Nurhber: 1-99-197
License Number: 23-25470-H
OT 15 INC.
d/bfa 1900 APTS. sd
1900 NW 2 CT.
MIAMI, FL 33136
Respondent.
eae teeter
ADMINISTRATIVE COMPLAINT
COMES NOW, the Department of Business and Professional Regulation, Division
of Hotels and Restaurants (hereinafter referred to| as "Division") files this administrative
complaint against OT 15 INC. (hereinafter referred to as "Respondent"). The Division
seeks to impose disciplinary action upon the Respondent and alleges:
1. The Division has jurisdiction over the subject matter of, and the parties to,
this proceeding pursuant to Chapter 509, Florida Statutes.
2. At all times relevant to the facts alleged in this administrative complaint,
Respondent held a license number: 28-28470-H for the operation of a public lodging
establishment. Respondent's last known address of record is 750 COLLINS AVE., MIAMI
BCH, FL 33139. )
3. Petitioner seeks to revoke; suspend; impose administrative fines; impose a
civil penalty; require corrective action, and additional or other penalties as may be
provided for by law or rule, or any combination thereof.
Rev. 03/18/99
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; VY
COUNTS
4. Petitioner realleges and incorporates by reference, as if fully stated
herein, the allegations contained in paragraphs 1
through 2, above.
8. The factual allegations and charges are specifically set forth in the attached
Exhibit A, incorporated by reference in this administrative complaint as if fully and
completely restated herein. Each listed violation is a separate charge.
1
WHEREFORE, the Division of Hotels and Restaurants hereby charges the
Respondent with the above counts and notices
its intention to seek imposition of an
appropriate penalty of revocation; suspension; administrative fines; civil/administrative
penalty; corrective action, additional or other penalties as may be provided for by law or
rule, or any combination thereof.
District Adminis
Division of Hote
Sp tn
s and Restaurants
SIGNED July 13, 1999
Rev. oy 18/99
License NO: 23-25470-H
Case NO: 1-99-197
Business Name: 1900 APTS.
Vv VU
Control No 23-25470H
Case No:_1-99-197 |
Page No: 3 of _1
On April 27, 1999, the following violations of Rules of the
Florida Statutes(FS) and/or 1995 Food Code(FC) and/or Florida
Administrative Code(FAC) and/or National Fire Protection
Association(NFPA) Life Safety Code were found to exist at said
1900 Apartments, 1900 NW 2 Court, Miami, Fl 33136.
VIOLATIONS
¥*01-3 61C-1.004(9)(a) FAC Fire Extinguisher Installation -- Fire extinguishers shall be
; installed in accordance with NFPA 10, Standard for _
Portable Fire Extinguishers.
VIOLATION: OBSERVED FIRE EXTINGUISHERS MISSING
THROUGHOUT PREMISES.
BTA 509.267 258 VS LICENSES; ANNUAL RENEWALS.-—-Such pubtic
lodging establishment ... shall obtain a license from the
division ... ... Such licenses may not be transferred from
one place or indivisual to another... Licenses shall be
renewed annually,
509.241(2) FS APPLICATION FOR LICENSE.--Each person who plans
. to open a public lodging establishment or a public food
service establishment shall apply for and receive a license
from the division prior to the commencement of
operation. A condominium association, as defined in s.
718.103, which does not own any units classified as resort
condominiums under s. 509.242(1)(c) shall not be
required to apply for or receive a public lodging
establishment license.
61C-1.002(6) FAC It is the responsibility of the licensee to renew the license
prior to the expiration date... Any public lodging ...
establishment operating on an expired license is deemed
to be operating without a license, and subject to the
penalties provided for this offense in law and rule.
VIOLATION: FAILURE TO OBTAIN THE STATE OF FLORIDA,
DIVISION OF HOTELS AND RESTAURANT
LICENSE FOR FISCAL 1998/99. TOTAL AMOUNT
DUE = $121 + $100 = $221.00.
*=CRITICAL
Docket for Case No: 00-002451
Issue Date |
Proceedings |
Jul. 02, 2002 |
Order Closing File issued. CASE CLOSED.
|
Jul. 02, 2002 |
Stipulated Settlement and Consent Order filed by Petitioner.
|
Jun. 28, 2002 |
Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
|
May 29, 2002 |
Petitioner`s Exhibit List (filed via facsimile).
|
May 29, 2002 |
Petitioner`s Witness List (filed via facsimile).
|
May 20, 2002 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for June 4 and 5, 2002; 10:00 a.m.; Miami, FL).
|
May 16, 2002 |
Petitioner`s Motion in Opposition of Continuance (filed via facsimile).
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May 16, 2002 |
Motion for Continuance or Rescheduling and for Consolidation of all Pending Compllaints (filed by Respondent via facsimile).
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May 14, 2002 |
Petitioner`s Unilateral Pre-Hearing Stipulation (filed via facsimile).
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Apr. 19, 2002 |
Order of Pre-hearing Instructions issued.
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Apr. 19, 2002 |
Notice of Hearing issued (hearing set for May 21 and 22, 2002; 9:00 a.m.; Miami, FL).
|
Apr. 01, 2002 |
Petitioner`s Response to Initial Order (filed via facsimile).
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Mar. 22, 2002 |
Order Granting Motion to Re-Open Consolidated Files CASE REOPENED.
|
Mar. 22, 2002 |
Order Granting Motion for Consolidation Case Nos.: 02-001094, 02-001095, 02-001096 were added to the consolidated batch.
|
Dec. 04, 2001 |
Order Closing File issued. CASE CLOSED.
|
Dec. 04, 2001 |
Joint Motion to Relinquish Jurisdiction (filed via facsimile).
|
Nov. 30, 2001 |
Joint Motion for Continuance of Rescheduling (filed via facsimile).
|
Oct. 10, 2001 |
Order of Pre-hearing Instructions issued.
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Oct. 10, 2001 |
Notice of Hearing by Video Teleconference issued (video hearing set for December 14, 2001; 9:00 a.m.; Miami and Tallahassee, FL).
|
Oct. 05, 2001 |
Status Report (filed byPetitioner via facsimile).
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Oct. 03, 2001 |
Motion for Continuance or Rescheduling and for Consolidation of All pending Complaints filed by Respondent.
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Oct. 02, 2001 |
Order Granting Continuance issued (hearing cancelled, parties to advise status by 10/08/2001).
|
Oct. 01, 2001 |
Motion for Continuance or Rescheduling and for Consolidation of All Pending Complaints (filed by Respondent via facsimile).
|
Aug. 27, 2001 |
Order of Pre-hearing Instructions issued.
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Aug. 27, 2001 |
Notice of Hearing issued (hearing set for October 11, 2001; 9:00 a.m.; Miami, FL).
|
Aug. 14, 2001 |
Status Report and Request for Hearing (filed by Petitioner via facsimile).
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Aug. 02, 2001 |
Order Granting Continuance issued (parties to advise status by August 9, 2001).
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Aug. 01, 2001 |
Joint Motion for Continuance (filed via facsimile).
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Jul. 25, 2001 |
Notice of Appearance (filed by Armando J. Bucelo, Jr. via facsimile).
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Jul. 24, 2001 |
Notice of Ex Parte Communication issued.
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Jul. 23, 2001 |
Letter to Judge Lerner from S. Yuken regarding Notice of Hearing August 13, 2001 filed.
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May 29, 2001 |
Order Cases: 01-001909, 01-001910, 01-001911, 01-001912) were added to the consolidated batch.
|
May 29, 2001 |
Order of Pre-hearing Instructions issued.
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May 29, 2001 |
Notice of Hearing by Video Teleconference issued (video hearing set for August 13, 2001; 9:00 a.m.; Miami and Tallahassee, FL).
|
May 22, 2001 |
Order CASE REOPENED.
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May 22, 2001 |
Motion to Consolidate (with Case Nos. 01-1909, 01-1910, 01-1911, and 01-1912) filed via facsimile.
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May 17, 2001 |
Motion to Consolidate (with case nos. 01-1909, 01-1910, 01-1911, and 01-1912) filed. |
May 16, 2001 |
Motion to Reopen File filed.
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May 16, 2001 |
Notice of Appearance (filed by G. Hoge).
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Oct. 24, 2000 |
Order Closing File issued. CASE CLOSED.
|
Oct. 20, 2000 |
CASE STATUS: Hearing Held; see case file for applicable time frames. |
Sep. 19, 2000 |
Notice of Appearance (filed by D. Theriaque). |
Aug. 08, 2000 |
Order of Pre-Hearing Instructions issued.
|
Aug. 08, 2000 |
Notice of Hearing by Video Teleconference Issued. (hearing October 20, 2000; 9:00 a.m.)
|
Aug. 08, 2000 |
Order issued. (consolidated cases are: 00-002446, 00-002447, 00-002448, 00-002449, 00-002450, 00-002451)
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Jul. 25, 2000 |
Amended Response to Initial Orders and Motion to Consolidate filed.
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Jun. 15, 2000 |
Initial Order issued. |
Jun. 13, 2000 |
Administrative Complaint filed.
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Jun. 13, 2000 |
Agency Referral Letter Requesting Hearing filed.
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