U U ty %y (4 a THE STATE OF FLORIDA sp 4 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ty DIVISION OF HOTELS AND RESTAURANTS dM, Soy “0 ”»> App Rat State of Florida, Department of Business Ping iy, a and Professional Regulation, Division of . ia 4 ® Hotels and Restaurants, ; D Petitioner vs. CASE NUMBER: 07-99-069 DI GIOVANNANTONIO JOHN, Respondent. i ADMINISTRATIVE COMPLAINT BY THIS ADMINISTRATIVE COMPLAINT, NOTICE IS GIVEN TO YOU TO SHOW CAUSE WHY AN ADMINISTRATIVE FINE, IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW, SHOULD NOT BE ASSESSED AGAINST YOU BY THE DIVISION OF HOTELS AND RESTAURANTS : : [LICENSE NUMBER: 46-00695H YOU: DI GIOVANNANTONIO JOHN DOING BUSINESS AS: | HOMELAND APTS LOCATED: . 4808 PINE TREE CT CAPE CORAL The Director of the Division of Hotels and Restaurants, Department of Business and Professional Regulation, State of Florida, has been presented evidence which, if true, is good and sufficient cause for her to assess an administrative fine against you and to deny a Division of Hotels and Restaurants license pursuant to Chapter 509, Florida Statutes, for the current license year, or any renewal thereof, over which the Division of Hotels and Restaurants has jurisdiction, for operating without a license as more fully set forth in the attached violation page, Exhibit A. H RIGHT TO A HEARING This is an action that may affect your substantial interests. Mediation of this administrative dispute is not available. However, you may request a hearing on the charges. To request a hearing, you must file a written request (postmarked or received by the Division) within 21 days of the date you receive this Administrative Complaint. The request must be sent to Cynthia Walker, Regional Settlement Officer, 1313 North Tampa Street, Suite 106, Tampa, Florida, 33602- 3329; Telephone: (813) 272-3086. west a hearing, the Division of Hotels and Restaurants will determine whether the hearing will be a formal hearing (trial type proceeding) or an informal hearing (conference type proceeding). If the Division of Hotels and Restaurants determines that there are disputed issues of material fact, the ili be forwarded to the Division of Administrative Hearings. If the Division of Hotels and determines that there are no disputed issues of material fact, the Division of Hotels and YW YW In a formal hearing, you have the right to appear in person on your own behalf, to be represented by your stone, to bring witnesses and present evidence, to cross-examine any witnesses produced against you by the State, and to have subpoena duces tecum issued on your behalf. In an informal hearing, you have the right to appear in person on your own behalf, to be represented by your|attorney, and to submit whatever information you desire to mitigate the violations with which you me been charged in this Administrative Complaint. You may attend an informal hearing by telephone. It is your responsibility to ensure that the division hearing officer has your telephone number/if you elect to attend telephonically. This should be done by noting the number at which you _can be reached for the hearing on the hearing request form. receive (or were served) this Administrative Complaint, a Default Final Order will be entered against you b on the record in your case. This Default Final Order could deny you the issuance of a license and assess an administrative fine of $1000 for each violation charged and for each day that such violation occurred. recive or request for a hearing is not received or postmarked within 21 days of the day you Practice in either of the above proceedings is governed by chapter 120, Florida Statutes, and the Uniform Rules of Practice and Procedure, 28-101 et sequitur, Florida Administrative Code. DATED THIS 1st DAY OF Apri, 1999, EPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIO! IVISION OF HOTELS AND RESTAURANTS. - . | . ne BY: 71 ay (ea District Administrator __ CERTIFICATE OF SERVICE ae Nesconset eines ses vs arts tr aininttistuesatannas wenate HEREBY CERTIFY . [Taleo wish tovocane the cia personal delivered SENDERENS No. “5008954 Case No. 07-90-69 fllowingsorvice Wor an entra fs) COR a FL, [or posted ina ¢ Dept. of Business & Professional Regulation RESTRICTED C] ; i. Division of Hotels & Restaurants DELIVERY 5 3. Article Addressed to: 4a. ae Tie ao JOHN DI GIOVANNANTON'O P97? Lao 124 4814 PINE TREE CT : ceuteas SEES uu Opies Shed: : ! 4b. Service Type CERTIFIED Enforcement Administrator Poesy . ° YFP -PS Chief Assistant General Cour f ‘ Ars " : 5. Received By: (Print Name) 8 Addressee's Address | i | 6. Signature: (Addressee or Agent) —~ 6+ WGHAMLY Bid04 0004/0011 : PS Form 3811, December 1994 Domestic Return Receipt Division of Adm inistrativ EXHIBIT A CASE NO: 07-99-069 LICENSE NO: 46-0069SH It is alleged that on January 31, 1998, the licensee was in violation of Florida Statute 509(F S), and/or 1997 Food Code(FC), and/or Florida Administrative Code(FAC), and/or National Fire Protection Association(NFPA) Life Safety Code, in the following particulars: wa 09.241(1) FS LICENSES; ANNUAL RENEWALS.--Each public lodging establishment and public food service establishment shall obtain a license from the division . . . Licenses shall be renewed annually, . . . D 1C-1.002(6) FAC _It is the responsibility of the licensee to renew the license prior to the expiration date. 61C-1.002(6) FAC __...Any public lodging or food service 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: Operating without a license. eae @ Hearings | | |

Docket for Case No: 00-002748