IDA ARTMENT OF BUSINESS AND FESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. License No, 62-02535-H BLAKELY RESORTS #2 ; Case No. 3-01-1867 Respondent. soe ij ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against: BLAKELY RESORTS #2, (‘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 550 COREY AVENUE, ST PETERSBURG BEACH, FL 33706.The last known mailing address is SUZANNE FERRY, 550 COREY AVENUE, ST PETERSBURG BEACH, FL 33706. 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 “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 educational prograrn 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 rues prormulgated thereto. = #. = me : 7 Signed November 29, 2001 Cette, Matle, Betty Miller, District Administrator By delegation of the Director, or designee 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:_7001_0320 0000 0042 7936 | HEREBY CERTIFY that a true and correct copy of the foregoing ORDER has been hand served by me on this day of, , 2001. Received by: Inspector's Signature Operator's Signature Title Title Case No: 3-01-167 Revised 9/19/2001 License No: 62-02535-H Business Name: BLAKELY RESORTS #2 Exhibit A “FC” as cited herain references specific provisions of the 1999 Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code. "NFPA" as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 44-2, “Fire Prevention, General Provisions’, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. it is alleged that on October 26, 2001 and November 15, 2001, the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the following particulars: 1. *05-1 §09.215(8) FS Specialized smoke detectors for the deaf and hearing impaired shall be available upon request by guests in public lodging establishments at a rate of at least one such smoke detector per 50 dwelling units or portions thereof, not to exceed five such smoke detectors per public lodging facility. OBSERVED NO HEARING IMPAIRED SMOKE DETECTOR -AVAJLABLE, 2. 30-2 61C-3.002(1) FAC ... A photocopy of the room rate schedule, stamped with the date it was received by the district, shall be kept available for inspection at all times. ... {EXEMPTION -- 61C-3.002(5) FAC: Resort condominiums, resort dwellings and nontransient apartmenis are exempt from subsections (1}, (2), and (3) of this rule. . OBSERVED NO CURRENT ROOM RATE SCHEDULE. Tags, Annual Maintenance ao (a) Approved standard service tags shall meet the folowing specifications and shall be arranged as indicated in Figure “A.” in lieu of using the standard "tie-on” type service tag, a pressure sensitive label or decal meeting the same specifications as indicated in Figure “A" may be used. Tags, pressure sensitive labels or decals may be printed or otherwise established for any number of years not in excess of five years. (b) Approved standard service tags, pressure sensitive labels or decals shall bear the following information: : 1. “Do Not Remove.” 2. Serial Number of Extinguisher. 3. Name of person who performed the service on the extinguisher. Initials area not acceptable, 4, Permit number of the person who serviced the extinguisher, 5. Indicate the type of service performed. 6. Indicate the type of extinguisher involved. 7. Indicate the month and the year that the service was péiformed by means of perforation so that only the specific month is indicated. (c) For standard service tags, pressure sensitive labels or decals, the printing may be any color, (d) The size of the service standard tags, pressure sensitive labels or decals shall be approximately 2 1/2" x 5 1/4", (e) Anew tag, pressure sensitive label or decal shall be attached to the portable fire extinguisher each time a service is performed, (f} The name, street address and telephone number of the company or organization performing said service must be printed on the front center section of the service tag, pressure sensitive label or decal. OBSERVED FIRE EXTINGUISHER NOT PROPERLY TAGGED. THE TAG APPEARS TO BE PUNCHED MULTIPLE TIMES WITH DIFFERENT SIZED PUNCHERS.

Docket for Case No: 02-002172