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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs OT 15, INC., D/B/A 1900 APARTMENTS, 00-002451 (2000)

Court: Division of Administrative Hearings, Florida Number: 00-002451 Visitors: 21
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: Nov. 09, 2024
Y wo) ‘STATE OF FLORIDA FILED DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION UNI3 PM 1:93 PKtSiO 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 Le) ; 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).
May 16, 2002 Motion for Continuance or Rescheduling and for Consolidation of all Pending Compllaints (filed by Respondent via facsimile).
May 14, 2002 Petitioner`s Unilateral Pre-Hearing Stipulation (filed via facsimile).
Apr. 19, 2002 Order of Pre-hearing Instructions issued.
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).
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.
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).
Oct. 03, 2001 Motion for Continuance or Rescheduling and for Consolidation of All pending Complaints filed by Respondent.
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.
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).
Aug. 02, 2001 Order Granting Continuance issued (parties to advise status by August 9, 2001).
Aug. 01, 2001 Joint Motion for Continuance (filed via facsimile).
Jul. 25, 2001 Notice of Appearance (filed by Armando J. Bucelo, Jr. via facsimile).
Jul. 24, 2001 Notice of Ex Parte Communication issued.
Jul. 23, 2001 Letter to Judge Lerner from S. Yuken regarding Notice of Hearing August 13, 2001 filed.
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.
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.
May 22, 2001 Motion to Consolidate (with Case Nos. 01-1909, 01-1910, 01-1911, and 01-1912) filed via facsimile.
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.
May 16, 2001 Notice of Appearance (filed by G. Hoge).
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)
Jul. 25, 2000 Amended Response to Initial Orders and Motion to Consolidate filed.
Jun. 15, 2000 Initial Order issued.
Jun. 13, 2000 Administrative Complaint filed.
Jun. 13, 2000 Agency Referral Letter Requesting Hearing filed.
Source:  Florida - Division of Administrative Hearings

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