Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: SUNSHINE APARTMENTS OF TALLAHASSEE, INC., D/B/A SUNSHINE APARTMENTS
Judges: P. MICHAEL RUFF
Agency: Department of Business and Professional Regulation
Locations: Tallahassee, Florida
Filed: Feb. 12, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, April 30, 2001.
Latest Update: Nov. 15, 2024
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
vs.
SUNSHINE ‘APARTMENTS License No. 47-02437-H (Expired)
Respondent. Case No. 6-00-184 Q [- CO On
ADMINISTRATIVE COMPLAINT
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (“Petitioner”), files this Administrative Complaint against SUNSHINE APARTMENTS,
(‘Respondent’), and says:
4. 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 an establishment subject to the jurisdiction of the Division of Hotels and Restaurants.
The respondent's last known business address is 1200 STEARNS STREET, TALLAHASSEE, FL
32310. The last known mailing address is SUNSHINE APTS, 111 SMITH STREET, TALLAHASSEE, FL
32301.
3. A review of the licensure records of the Division of Hotels and Restaurants reveals that the licensure for
this establishment has expired; however, the establishment has continued to operate, in violation of the
provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto. The violation(s) and
applicable law are described in Exhibit “A”, attached hereto and 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 $1000 per offense; mandatory attendance at Respondent's expense at
an educatiorial program sponsored 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 October 25, 2000
fe Peter Newman, District Administrator
By delegation of Susan R. McKinley, Director
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
CERTIFICATE OF SERVICE
BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: _Z 239 619 097
| HEREBY CERTIFY thata true and correct copy of the foregoing ORDER has been hand served by me
on this day of, : , 2000.
. Received by:
Inspector's Signature : Operator's Signature
Title Title
Case No: 6-90-184 Revised 10/01/2000
wee Rucinace Name: SI INSHINF APARTMENTS
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Case No,: 6-00-184
Respondent: SUNSHINE APARTMENTS
License No.: 47-02437-H (Expired)
EXHIBIT “A”
1. Itis alleged that on August 1, 2000, the Respondent failed to renew a license to operate as required
by law. After that date, and at all times material to this complaint, Respondent establishment operated '
without licensure, in violation of Florida Statute 509(FS), and/or Florida Administrative Code(FAC).
2. Based on the foregoing, Respondent violated the following provisions of Chapter 509, Florida
Statutes, or the rules promulgated thereto:
509.241(1) FS LICENSES; ANNUAL RENEWALS. - Each public lodging establishment and |
public food service establishment shall obtain a license from.the division. Such . j
license may not be transferred from one place or individual to another . . . i
Licenses shall be renewed annually, . . .
61C+1.002(6) FAC. Itis 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.
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Date, & Addressee's Address
TOTAL Postage & Fees
Postmark or Date
PS Form 3800, April 1995
SENDER: COMPLETE THIS SECTION
# Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
@ Print your name and address on the reverse
so that we can return the card to you.
™@ Attach this card to the back of the mailpiece,
or on the front if space permits.
1, Article Addressed to: 47 - ada
Sunshine Apts.
Hl Smith Street
Allah e Fl .
Ta |lahasse 39.301
A. Received by (Please Print Clearly) | B. Date of Delivery
C. Signature
O Agent
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D. Is delivery address different from item 1? (1 Yes
lf YES, enter delivery address below: 0 No
3. Service Type
Certified Mail [©] Express Mail
O Registered Return Receipt for Merchandise
C1 Insured Mail = C.0.D.
4. Restricted Delivery? (Extra Fee)
2. Article Number (Copy from service label)
PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1789
CERTIFICATE OF SERVICE
Case No: 6-00-184 Revised 10/01/2000
License No: 47-02437-H Business Name: SUNSHINE APARTMENTS
|
Docket for Case No: 01-000602
Issue Date |
Proceedings |
Aug. 17, 2001 |
Stipulation and Consent Order filed by Petitioner.
|
Apr. 30, 2001 |
Order Closing File issued. CASE CLOSED.
|
Apr. 05, 2001 |
CASE STATUS: Hearing Held; see case file for applicable time frames. |
Apr. 04, 2001 |
Consent to Appearance by Student Intern (filed by Petitioner via facsimile).
|
Mar. 09, 2001 |
Amended Notice of Hearing issued. (hearing set for April 5, 2001; 10:00 a.m.; Tallahassee, FL, amended as to Style ).
|
Mar. 08, 2001 |
Order of Consolidation issued. (consolidated cases are: 01-000436, 01-000602) |
Feb. 27, 2001 |
Motion for Consolidation with 01-436 (filed via facsimile).
|
Feb. 27, 2001 |
Order of Pre-hearing Instructions issued.
|
Feb. 27, 2001 |
Notice of Hearing issued (hearing set for April 18, 2001; 9:30 a.m.; Tallahassee, FL).
|
Feb. 26, 2001 |
Petitioner`s Response to Initial Order (filed via facsimile).
|
Feb. 13, 2001 |
Initial Order issued.
|
Feb. 12, 2001 |
Administrative Complaint filed.
|
Feb. 12, 2001 |
Agency referral and Request for Evidentiary Hearing filed.
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