Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: SUNSET PLACE APARTMENTS
Judges: ERROL H. POWELL
Agency: Department of Business and Professional Regulation
Locations: Stuart, Florida
Filed: Jun. 27, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, September 17, 2002.
Latest Update: Dec. 25, 2024
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS «=f! pm py
DEPARTMENT OF BUSINESS AND 25 7 y 2 be et
PROFESSIONAL REGULATION, -~C* 12 JUN 27
Petitioner, 6 UL é? PH 12:3]
vs. r . ;
SUNSET PLACE APARTMENTS License No. 53-01306-H jy2
Respondent. Case No. 2-02-1 Haas
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ADMINISTRATIVE COMPLAINT
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (“Petitioner”), files this Administrative Complaint against: SUNSET PLACE APARTMENTS,
(“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 871
NOROTHWEST SUNSET DRIVE, STUART, FL 34996.The last known mailing address is MICHAEL J.
MORTELL, 2336 SOUTHEAST OCEAN BOULEVARD #138, STUART, FL 34996-3354.
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 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 January 10, 2002
infistrator
By delegation of the Directof, or designee
Division of Hotels & Restaurants
Department of Business & Professional Regulation
COUNSEL FOR THE DEPARTMENT: :
Gail Scott-Hill, 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 0360 0002 1851 4426
| HEREBY CERTIFY that a true and correct copy of the foregoing ORDER has been hand served by me
on this day of , 2002.
Received by:
Inspector's Signature Operator's Signature
Title Title
Case No: 2-02-14 Revised 1/1/2002
License No: 53-01306-H Business Name: SUNSET PLACE APARTMENTS
License #: 53-01306-H
Case #: 02-02-001
Exhibit A
“FC” as cited herein 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 4A-3, “Fire Prevention, General
Provisions”, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. :
It is alleged that on December 12, 2001 and January 4, 2002 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:
4.
*02-4 NFPA 58, 3-4.9.2 [LP Gas] Containers having water Capacities greater than 2 1/2
pounds (1kg) ... shall not be located on balconies above the first
y floor that are attached to a multiple family dwelling of 3 or more
living units located one above the other. Exception: Where
such balconies are served by outside Stairways and where only
such stairways are used to transport the container.
OBSERVED LP GAS CONTAINERS ON BALCONIES ABOVE
FIRST FLOOR (Apts. #6 — Bidg. 871) See History.
2.
*04-1 61C-1.004(5) FAC All fire safety, protection and prevention equipment must be
installed, approved, maintained and used in accordance with
Chapter 509, FS, and the National Fire Protection Association
Life Safety Code Chapter 101, as adopted by the Division of
State Fire Marshal in Chapter 44-3, FAC.
OBSERVED SMOKE DETECTOR INOPERABLE IN
APARTMENT #$3 — BLDG. 871.
3.
*07-1 61C-1.004(11) FAC Electrical wiring - To prevent fire or injury, defective electrical
wiring shall be replaced and wiring shall be kept in good repair...
OBSERVED ELECTRICAL OUTLET NOT SECURED TO
WALL IN A/C ROOM BUILDING 871.
** CRITICAL VIOLATION
Exhibit A
Page 1 of 1
FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS
EXPLANATION OF RIGHTS
The enclosed Administrative Complaint charges you with violating one or more provisions of
Chapter 509, Florida Statutes, or Rule 61C, Florida Administrative Code. If you have questions regarding
your response or best course of action, you may wish to seek competent legal counsel.
may proceed against you by default.
Your receipt of this Administrative Complaint packet constitutes service upon you. Your rights
under Florida law (Chapter 120, Florida Statutes) are as follows:
1. You may elect to dispute the violations alleged in the Complaint and request a hearing on the
2. You may elect to not dispute the violations alleged in the Complaint and request that a hearing
be held to present testimony or documents you wish the Department to consider in mitigation
of the alleged violations prior to disposition of this case, Any penalty levied will be included in
a Final Order. Ifa dispute of material fact arises, the hearing will be terminated and the case
referred for administrative trial as described in paragraph 1 above.
3. You may seek to resolve this matter through a negotiated settlement with the Department's
Settlement Officer as instructed in the cover letter accompanying this packet. Upon final
4. You may waive hearing in this matter, and the Department will Proceed with resolution and
Possible penalty at its discretion.
you on your Election of Rights.
: Pursuant to Chapter 120.573, Florida Statutes, please be advised that mediation is not
available for resolution of this action.
Case No: 2-02-41 Revised 1/1/2002
License No: 53-01306-H Business Name: SUNSET PLACE APARTMENTS
Docket for Case No: 02-002574
Issue Date |
Proceedings |
Sep. 17, 2002 |
Order Closing File issued. CASE CLOSED.
|
Sep. 17, 2002 |
Petitioner`s Motion to Relinquish Jurisdiction (filed via facsimile).
|
Sep. 13, 2002 |
Petitioner`s Exhibit List (filed via facsimile).
|
Sep. 13, 2002 |
Petitioner`s Witness List (filed via facsimile).
|
Jul. 29, 2002 |
Order of Pre-hearing Instructions issued.
|
Jul. 29, 2002 |
Notice of Hearing issued (hearing set for September 18, 2002; 10:30 a.m.; Stuart, FL).
|
Jul. 19, 2002 |
Response to Initial Order (filed by Petitioner via facsimile).
|
Jun. 28, 2002 |
Initial Order issued.
|
Jun. 27, 2002 |
Election of Rights filed.
|
Jun. 27, 2002 |
Administrative Complaint filed.
|
Jun. 27, 2002 |
Agency referral filed.
|