Received Event (Event Succeeded) a Date: 2/22/2005 Time: 4:11 PM Pages: 6 Duration: 2 min 16 sec Sender: 8504146749 Company: Fav Number: Subiart- T 02/22/2885 16:89 8504146749 DBPR OGA PAGE 83/06 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. GARDEN APARTMENTS License No. 2301705 Respondent. License Type 2003 Apartment — £ “ / Case No, 2004041538 O S- Obot | SJ? ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against GARDEN 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 Section 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 business address of record is 02312 SW 017 ST, MIAMI, FLORIDA 331452088, The mailing address of record is GARDEN APARTMENTS, at 9701 SW 100 AVE RD, MIAMI, FLORIDA 331762835. 3. Inspection of this establishment conducted pursuant to Sec. §09.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto goveming operation of the establishment. The violation(s) found and applicable taw are described in Exhibit “A,” attached hereto and incorporated herein by reference. Inspection documents are attached as Exhibit "B”, 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 $1,000 pe offense; mandatory attendance at Respondent's expense at an educational program sponsored by fhe Departprepy: suspension, revocation, or refusal of a license issfied purswantJ4@ this Chapter; and/gt any other relief authorized by Chapter 509, Florida Statutes, or tHe rule y, pA Signed August 16, 2004 p LA Mh” nie Ka Manager B legation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attorney Florida Bar No. 0153831 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7002 3150 0004 8057 4499 THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me an this, day of 2004. . Received by: Inspector's Signature Operator's Signature - Case Number: 20040461538 Form revised 7/27/04 District Number: 04 License Type: 2003 Apartment Hammers GARDEN APARTMENTS License Number: 2301705 Received Event (Event Succeeded) Date: 2/22/2005 Time: 4:11 PM Pages: 6 Duration: 2 min 16 sec Sender: 8504146749 Company: Fax Number: Suhiact- T 02/22/2085 16:89 9504146749 DEPR OGA PAGE 04/06 License Number. 2301705 License Type: 2003 APARTMENT Case Number: 2004041538 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 June 30, 2004, July 22, 2004 and August 9, 2004, the licensee was in violation of Florida Statute §09(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the following particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and Incorporated by reference as Exhibit B. * 1.04-01 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 A TROUBLE/ALARM LIGHT ILLUMINATED ON THE FIRE ALARM CONTROL PANEL. * 2..06-04 61C-1,004(10) FAC EXITS SHALL BE CLEARLY MARKED WITH APPROVED ILLUMINATED EXIT SIGNS. OBSERVED AN EXIT SIGN THAT IS NOT ILLUMINATED/ NOT FUNCTIONING WHEN TESTED. * 312-06 61C-3.001(11)(A) FAC AS PROVIDED IN SECTION 509.2112, FS, EVERY PUBLIC LODGING ESTABLISHMENT WHICH IS 3 OR MORE STORIES IN HEIGHT, OR WHICH HAS A VERTICAL DISTANCE OF 17 FEET OR MORE FROM THE LOWEST GRADE LEVEL TO ANY BALCONY MUST SUBMIT TO THE DIVISION A CERTIFICATE STATING THAT ANY AND ALL BALCONIES, STAIRWAYS, AND RAILWAYS HAVE BEEN INSPECTED BY A PERSON WHO, THROUGH EDUCATION AND EXPERIENCE, IS COMPETENT TO INSPECT MULTI-STORY BUILDINGS AND FOUND BY SUCH PERSON TO BE SAFE, SECURE, AND FREE OF DEFECTS. THE TERM "BALCONY" IS DEFINED AS A LANDING OR PORCH THAT (IS ACCESSIBLE TO OR USED BY THE PUBLIC AND SHALL INCLUDE THOSE PORTIONS OF A BUILDING WHICH ARE UNENCLOSED, EXCEPT BY A RAILING, GUARDRAIL SYSTEM, BALUSTRADE, OR PARAPET. IT SHALL ALSO INCLUDE THOSE PORTIONS OF A BUILDING WHICH ARE ENCLOSED BY SCREENING, OR OTHER NON-PERMANENT BUILDING MATERIAL. OBSERVED NO BALCONY CERTIFICATE AVAILABLE. 4,18-03 616-3.001(5) FAC ALL RUGS AND FLOOR COVERINGS MUST BE KEPT CLEAN AND IN GOOD CONDITION, FREE FROM HOLES AND RIPS. OBSERVED WORN/TORN CARPET ON HALLWAYS. 5,26-22 §-501.11FC OUTDOOR STORAGE SURFACE. AN OUTDOOR STORAGE SURFACE FOR REFUSE, RECYCLABLES, AND RETURNABLES SHALL BE CONSTRUCTED OF NONABSORBENT MATERIAL SUCH AS CONCRETE OR ASPHALT AND SHALL BE SMOOTH, DURABLE, AND SLOPED TO DRAIN. OBSERVED AN OUTDOOR GARBAGE AREA WITH AN ABSORBENT SURFACE/NOT SMOOTH/NOT SLOPED TO DRAIN. * denotes critica! violation Exhibit A Case Number: 2004041538 Page 1 License Type: 2003 APARTMENT License Number, 2301705 Received Event (Event Succeeded) Date: 2/22/2005 Time: 4:11 PM Pages: 6 Duration: 2 min 16 sec Sender: 8504146749 Company: Fay Numhar- Suhiant- Q2/22/2085 16:89 9584146749 DBPR OGA PAGE 85/86 tT * 6.04-13 NFPA 72, 7-5.2.2, APERMANENT RECORD OF ALL INSPECTIONS, TESTING, AND MAINTENANCE SHALL BE PROVIDED THAT INCLUDES THE FOLLOWING INFORMATION OF PERIODIC TESTS AND ALL APPLICABLE INFORMATION REQUESTED IN FIGURE 7-5.2.2. (A) DATE; (B) TEST FREQUENCY; (C) NAME OF PROPERTY, (D) ADDRESS; (E) NAME OF PERSON PERFORMING INSPECTION, MAINTENANCE, TESTS, OR COMBINATION THEREOF, AND AFFILIATION, BUSINESS ADDRESS, AND TELEPHONE NUMBER; (F) NAME, ADDRESS, AND REPRESENTATIVE OF APPROVING AGENCY(IES); (G) DESIGNATION OF THE DETECTOR(S) TESTED; (H) FUNCTIONAL TEST OF DETECTORS; (I) FUNCTIONAL TEST OF REQUIRED SEQUENCE OF OPERATIONS; (J) CHECK OF ALL SMOKE DETECTORS; ({K) LOOP RESISTANCE FOR ALL FIXED- TEMPERATURE LINE-TYPE HEAT DETECTORS; (L) OTHER TESTS AS REQUIRED BY EQUIPMENT MANUFACTURES; (M) OTHER TEST AS REQUIRED BY THE AUTHORITY HAVING JURISDICTION; (N) SIGNITURES OF TESTER AND APPROVED AUTHORITY REPRESENTATIVE; (©) DISPOSITION OF PROBLEMS IDENTIFIED DURING TESTING (E.G., OWNER NOTIFIED, PROBLEM, CORRECTED/SUCCESFULLY RETEASTED, DEVICE ABONDONED IN PLACE). OBSERVED NO INSPECTION REPORT AVAILABLE FOR THE FIRE ALARM SYSTEM. *6. 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 4A-3, FAC. OBSERVED AN EMERGENCY LIGHT THAT IS NOT FUNCTIONING WHEN TESTED BEHIND THE STAIRS. * denotes critical violation Exhibit A Case Number: 2004041538 Page 2 License Type: 2003 APARTMENT License Number: 2301705

Docket for Case No: 05-000617