STATE OF FLORIDA is | ! = ry DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND 7095 MAR - A Th Gy PROFESSIONAL REGULATION PT UN .¢ Petitioner, U’ ‘\ -O K | i“ DIVISICH OF vs. - ADMINISTRATIVE SANTA LUCIA LAKE MOTEL License No. 5900756 HEARIRGS Respondent. License Type 2004 Rooming House / Case No. 2004045737 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against SANTA LUCIA LAKE MOTEL, (“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 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 00724 MINNESOTA AVE, ST CLOUD, FLORIDA 347693204.The mailing address of record is SANTA LUCIA LAKE MOTEL, at 1600 E AMELIA ST, ORLANDO, FLORIDA 32803. 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. 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 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 September 15, 2004 S otis Ap _ Valerie Freeman, District Manager By delegation 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: | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of. , 2004. Received by: Inspector's Signature Operator's Signature Title Title Form revised 9/8/04 District Number: 04 SANTA LUCIA LAKE MOTEL Case Number: 2004045737 License Type: 2004 Rooming House License Number: 5900756 License Number: 5900756 . License Type: 2004 ROOMING HOUSE . [= ' ! o a) Case Number: 2004045737 Exhibit A 205 MAR -U A TI bu “FC” as cited herein references specific provisions of the 1999 Food Code, Recommendatie ype thajUnited States Public Health Service, Food and Drug Administration, incorporated by Chapter 61 ADI iar R ATIVE Administrative Code. “NFPA” as cited herein references specific provisions of the Nationa Bud = ign Association Life Safety Code, incorporated by reference at Chapter 4A-3, “Fire Prevention, énera Provisions”, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. It is alleged that on July 20, 2004 and September 1, 2004 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. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. ~ * 1.06-04 61C-1.004(10) FAC EXITS SHALL BE CLEARLY MARKED WITH APPROVED ILLUMINATED EXIT SIGNS. THE EXIT SIGN AT ROOM 4 DID NOT WORK WHEN TESTED. * 2.06-10 NFPA 101, 7.9.2.1 EMERGENCY LIGHTING FACILITIES SHALL BE ARRANGED TO PROVIDE INITIAL ILLUMINATION THAT IS NOT LESS THAN AN AVERAGE OF 1 FT-CANDLE AND, AT ANY POINT, NOT LESS THAN 0.1 FT-CANDLE, MEASURED ALONG THE PATH OF EGRESS AT FLOOR LEVEL. & * 06-14 NFPA 101, 29-2.9 EMERGENCY LIGHTING INACCORDANCE WITH SECTION 7-9 SHALL BE PROVIDED IN ALL BUILDINGS WITH MORE THAN 25 ROOMS. EXCEPTION: WHERE EACH GUEST ROOM OR GUEST SUITE HAS AN EXIT DIRECT TO THE OUTSIDE OF THE BUILDING AT STREET OR GROUND LEVEL. THE EMERGENCY LIGHT AT ROOM 6B WAS MISSING. * 3.07-01 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. BARE SPLICED WIRES WERE HANGING ABOVE THE DOOR AT ROOM 6B. 4. 13-01 61C-1.004(6) FAC ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS. A. ROTTED WOOD WAS OBSERVED ON THE BACK FACIA BOARDS. B. THE DOOR OF THE STORAGE ROOM WAS HEAVILY DAMAGED. 5. 15-10 61C-3.001(1)(B) FAC EACH TRANSIENT PUBLIC LODGING ESTABLISHMENT SHALL MAINTAIN ONE PUBLIC BATHROOM WITH A MINIMUM OF A TOILET, LAVATORY, AND SHOWER ENCLOSURE FOR EACH SEX ON EVERY FLOOR FOR EVERY 15 GUESTS ROOMING ON THAT FLOOR NOT HAVING ACCESS TO PRIVATE OR CONNECTING BATHROOMS. [EXEMPTION--61C-3.001(12) FAC: RESORT CONDOMINIUMS, NONTRANSIENT APARTMENTS AND RESORT DWELLINGS ARE EXEMPT FROM SUBSECTION (1), (2) AND (3) OF THIS RULE] THE WOMAN'S RESTROOM DOOR WAS SCREWED SHUT. * denotes critical violation Exhibit A Case Number: 2004045737 Page 1 License Type: 2004 ROOMING HOUSE License Number: 5900756 6. 19-08 5-203.14FC BACKFLOW PREVENTION DEVICE, WHEN REQUIRED. A PLUMBING SYSTEM SHALL BE INSTALLED TO PRECLUDE BACKFLOW OF A SOLID, LIQUID, OR GAS CONTAMINANT INTO THE WATER SUPPLY SYSTEM AT EACH POINT OF USE AT THE [PUBLIC LODGING ESTABLISHMENT], INCLUDING ON A HOSE BIBB IF A HOSE IS ATTACHED OR ON A HOSE BIBB IF A HOSE [S NOT ATTACHED AND BACKFLOW PREVENTION IS REQUIRED BY LAW, BY: (A) PROVIDING AN AIR GAP AS SPECIFIED UNDER SECTION 5-202.13; OR (B) INSTALLING AN APPROVED BACKFLOW PREVENTION DEVICE AS SPECIFIED UNDER SECTION 5-202. 14. THERE WAS NO BACK FLOW PREVENTION DEVICE ON THE HOSE BIBB. * denotes critical violation Exhibit A Case Number: 2004045737 Page 2 License Type: 2004 ROOMING HOUSE License Number: 5900756 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Division of Hotels and Restaurants CALL BACK/RE-INSPECTION REPORT Pt. . EB/__ EXHIBTB a tt: wu DIVIS:ON OF EE CENSET Ge Rae ane County Suffix 57 oHEASD BEST ee WARNING OF CJ Aang Cl complied Dhucaring requested DIRECT NOTICE: Pre-conference FAlnor complied C)out of business Failure to be in compliance You will be issued a Notice to C)Pre-hearing with this notice at any Show Cause why sanctions On Stipulation _ future inspection may (On Hearing Order Time extended date. oS result in a direct Notice to Cother: time: Show Cause. should not be assessed against your license, A hearing will be held at a time and place to he designated by the director. Owner Name: WO R Ley Cup yyon) Business Name: GS Puy (ay bL UC { fp lL. pre, Mor (_ Business Address: D) a Y } VIL CS OJ Me Business City: + J = — Or a ligt ee Ate obser ped. H0l_ Seevedt Spliced wlreg tat lal RPE bus IPS, ae af b lwige K-bhae tiee 16 Ov er Git NO OLY. psd ity Lh CU SOY ES . ce ae" AV MOE Kk oS) Ss ede = Wa Ay Jerr TURE ane TELEPHONE 463} - DBPR Form HR 5022-005 ida. Revised 2000 August 10 STATE OF FLORIDA Page 1 of 8 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS LODGING INSPECTION REPORT LEGAL NOTICE OPED Fallure to comply with this Notice may initiate an administrative complaint that may resuit In suspension or revocation of your license and fines. 7/20/04 8:59:54 AM Inspection Date and Time WORLEY CLAYTON Owner Name SANTA LUCIA LAKE MOTEL Complaint Full TRM5$00756 TRMH Inspection Reason License NundlS KAR -Q A TT: q q WARNING: Violations in the operation of your tablishment m. Business Name 20 Number of Units 00724 MINNESOTA AVE Inspection Result 08/20/2004 08:00 AM 4848 & Area Code/Tele : rf Fats RATIVE HEARINGS 01-APR-05 Callback Date/Time License Expiration ST CLOUD FL 347693204 Address / City / State / Zip / ete. ——— Item 01: Fire Extinguishers A Class ABC type Fire Extinguisher, found in/at hallway has a certification date of 11/03 item 03: Sprinklers and Standpipe item_04: Alarm Systems Item 12: Balcony Certification fire alarm tag 12/03 date Certification Date NOTE: Items marked above with an asterisk (*) Indicate a violation Inspector's Comments Complaint 2004037329 and 2004037614 Fualty electrical wires no fire alarm torn tiles is per complaint | acknowledge receipt of this inspection form and comments. 8-9 TSP 07/20/04 10:15 AM QA Date/Time Signature of Recipient Inspector Signature Recipient: John J Towey For further information please contact: Title pic Edwin G WEIMER . State Inspector 400 W Robinson N 802 Orlando 3280? Phone: 407 89 2 4848 850-487-1395 STATUS SAFETY STATUS SAFETY No [tor Fire extinguisher/standpipe systems [Yes : maintained “02 Fire Hazards No 13 Building repair Yes *03 Sprinkler system Yes "14 Proper locking devices _ Yes STATUS SANITATION Yes *05 Smoke detectors; hearing impaired No 15 Bathrooms; public; guest; supplies __| No *06 Exits; obstructions, exit signs, emergency lights _ Yes 16 Water source safe; hot/cold provided *07 Electrical Deficiencies Yes 17 Bedding: bed linens, towels I 08 Boiler, boiler room Yes 18 Household furnishings 09 Lighting; public, guest rooms 19 Plumbing it “10 Adequate heating 20 Ventilation _ i 21 Toxics; storage, use Violations marked with an asterisk are critical violations. Items marked YES are in compliance. !tems Marked NO are violations. Specific details of violation are listed on subsequent pages. Items marked N/A are Not Applicable. Items Marked as N/O are Not Observed, and were not being conducted DBPR FORM HR 5022-014 Page 2 of 8 STATE OF FLORIDA License Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION TRMH = TRM5900756 DIVISION OF HOTELS AND RESTAURAIFSY T usiness Name HIBI Bears LUCIA LAKE MOTEL LODGING INSPECTION REPORT Inspection Date LEGAL NOTICE 7/20/04 8:59:54 AM Failure to comply with this Notice may initiate an administrative complaint that may result in suspension or revocation of your license and fines. L_STATUS SANITATION STATUS CONSUMER PROTECTION Yes *22 Ice protection 34 Licensee; criminal conduct Yes *23 Glassware; tableware; utensils sanitized 35 Fiorida Ciean indoor Air Act Yes *24 Vermin control 36 Telephone surcharge posted No 25 Premises maintained 37, Guest Regiser — Yes 26 Garbage and refuse disposal STATUS GENERAL Yes *27 Sewage and waste water disposal Yes *38 Current license, displayed, available upon request STATUS CONSUMER PROTECTION Yes 39 Housekeeping _| Yes hoe Advertisement 40 Other conditions, safe, sanitary Yes 29 Guest property; liability, notified 41 Posting operator service information Yes 30 Room rate schedule 42 Blocking operator access | Yes 31 Room rates posted 43 Copy of Ch. 509, FS: available Yes 32 Security deposit STATUS INFORMATION Yes *33 Unethical business practice; overbooking “ee Information provided Violations marked with an asterisk are critical violations. Items marked YES are in compliance. Items Marked NO are violations. Specific details of violation are listed on subsequent pages. Items marked N/A are Not Applicable. Iterns Marked as N/O are Not Observed, and were noi being conducted Warning(s): 01-07 - Observed a fire extinguisher not mounted at the correct height.on the floor as a door stop at the southern exit 01-03 - Observed an insufficient number of fire extinguishers provided. the fire extinguisher at the manager door is missing 06-04 - Observed an exit sign that is not illuminated/not functioning when tested. at room 4 06-20 - Observed an emergency light in disrepair.the emergency light at 6b has been removed REFERENCE TEXT: 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. 07-01 - Observed spliced wire(s).the emergency light power wires at 6b are bare , not covere 13-01 - Observed rotted wood.observed on the back facia 13-01 - Observed a door in disrepair.heavily damage back storage room door observed 43-01 - Observed a door in disrepair.rooted wood at 1a Repeat Violation. 13-01 - Observed a broken window. on Franks room 15-10 - Observed one public bathroom provided for male and female to share for guests that do not have a private or connecting bathroom.the # 2 womens restroom is screwed shut 15-08 - Observed a solid front toilet seat in a connecting bathroom. 15-06 - Observed a bathroom fixture(s) that is not cleanable.the toilet seat in # 1 is in disrepair 49-08 - Observed no backflow preventer on a hose bibb at 2c or at ary hose and bibb connection on site DBPR FORM HR 5022-014 Page 3 of 8 License Number STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION TRMH = -TRMS900756 DIVISION OF HOTELS AND RESTAURANTS Business Name SANTA LUCIA LAKE MOTEL LODGING INSPECTION reront PX HIBIT B Inspection Date 7120104 8:59:54 AM LEGAL NOTICE Failure to comply with this Notice may Initiate an administrative compiaint that may result in suspension or revocation of your license and fines. 25-02 - Observed discarded equipment stored outside the building.furniture at the back of the property 25-01 - Observed an overgrown rubber tree up against the building . must be cut back 43-01 - Observed a copy of Chapter 509, F.S. not available. 43-01 - Observed a copy of Chapter 509, F.S. not available to the public upon request. DBPR FORM HR 5022-014 | LOVE LL y oroesetawn OF aati Saks “246 a D rcmtasenemenwns EXHIBIT BR aak=4 HE! CONSUMER COMPLAINT FORM 200K S 7 Bisley Al uy COMPLAINT NUMBER —— ge ES uo Complainant Information NAME (LAST, FIRS HODLE} ADDRESS A [FZ S76 7 Vos PZ ZIG Does the complainant (_ TS want to be contacted? [—_ [tl BUSINESS TELEPHONE Details investigation ESTIQATOR'S NAME COMMENTS “eke spec |" 2/do/olf = Fire ehepmg pre do code — otter critical yrolatoK cited — cv! beUC Dove. Pf ifog Ceeircese Gkppia set bres MW) Ow bi mart Recomentdol —. 5 al — Disposition Legal Action: Written re- Yes me By; (TS | sponse required|__1t COMMENTS: FIED REFERRALS. Yfiot/ pk yoy §4) GIy INVESTIGATOR! (ATURE " SIGNED a 2 f ADDITIO ADDENDUM DBPR Form HR 5022-050 MyFlorida.com Revised 2000 August 09 Jeb Bush Governor . Diane Carr - * Secretary Division of Hotels & Restaurants . ‘Orlando District Office 400 West Robinson Street "North Tower, Sulte 802 Orlando, Florida * 32801-1757 VOICE 850-487-1395 FAX 407.317.7839 EMAIL Call.Center@dbpr.state.f.us INTERNET www.myflorida,com 33064 canis RY . pdb 2 1005 WAR -U A TE: Wu os BIVISIQN OF 7 wep tie pe copa eh STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION COMPLAINT ; Date O27 F OY License #57- Business Name Assigned to Inspector if a7 a Date Inspected 212010 { Results: Satisfactory Q arning _s AC eed Document Allegations that were observed: Wwe — 7: SRUIIAK 6/ ENLar ALD er TIOMU —_— Complainant Notified of results: ro4 Date: Filo / Results discussed with: beth wee oe We. 0 . Code Additional Comments (If necessary): >” Clord Code cudsy “Keep this form attached to the portal complaint* pv en! a DBPR HR-7003 — Division of Hotels and Restaurants Consumer Complaint Form EXHIBIT B STATE OF FLORIDA eit EN DEPARTMENT OF BUSINESS AND PROFESSIONAL 95-04776135452565 REGULATION 7/16/2004 1:54:52 PM 1940 North Monroe Street 7005 MAR -U A if"ay Tallahassee, FL 32399-0183 if you have any questions or need assistance in completing this application, please contact the i Nf of Business and Professional Regulation or your local district office. A District Office Adare’ §) tSABA VE information Sheet can be found on H&R's page of the DBPR web site at www.MyFlorida.com HEARINGS SECTION 1 - ESTABLISHMENT INFORMATION License Type: O Food Service © Lodging Oeclevat O Registered Elevator Company © Elevator Inspector Name Santa Lucia Lake Motel | |} Address 724 Minnesota Avenue City County State Zip Code Saint Cloud Osceola (59) FL 34769 L Business Phone: 407-892-8865 "| License Number: 37 ~O “7 ¢ 5 : SECTION 2 COMPLAINANT INFORMATION Last Name First Middle Title Suffix Holliday Melissa Code Enforce Organization Name (if representing an organization, please provide the name of the organization) City of St. Cloud Code Enforcement Officer Street Address or P.O, Box 4700 Neptune Road City Saint Cloud Zip Code (+4 optional) 34769 {-— County (if Florida address) Country United States jp co Primary Business Phone Number Primary Home Phone Number 407-891-6722 L Primary E-Mail Address mholliday@stcloud.org Does the Complainant want to be contacted? @ Yes Oo = Tae SEE PAGE 2 EXHisIT B 95-04716135452565 7116/2004 1:54:52 PM SEGTION 3. DETAILS OF THE COMPLAINT There are numerous violations at this location from electrical wiring being taped together, expired fire extinguishers, no flooring on floors, toilet seats made out of vinyl and foam and the vinyl is almost gone, bathrooms not cleaned, doors rotted falling off hinges, no smoke alarms, etc. Someone needs to check on this right away..

Docket for Case No: 05-000818