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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs CORAL BRIDGE SUITES, 05-002861 (2005)

Court: Division of Administrative Hearings, Florida Number: 05-002861 Visitors: 4
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: CORAL BRIDGE SUITES
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Business and Professional Regulation
Locations: Fort Myers, Florida
Filed: Aug. 09, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, September 16, 2005.

Latest Update: Dec. 25, 2024
gaa 2885 15:36 8584146749 Aug 9 2005 15:38 DEPR OGA PAGE @4/11 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VS, License No, 4604996 CORAL BRIDGE SUITES License Type 2001 Hotel Respondent. Case No, 2005023570 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against CORAL BRIDGE SUITES, (‘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 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 Prograrn; 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 April 27, 2005 Mam Liar Gary Tilman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professiona| Regulation COUNSEL FOR THE DEPARTMENT: Charles F, Tunnicliff, Lead Attorney Florida Bar No, 0153831 Department of Business & Professional Regulation 1840 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: 7160 3907 9848 5781 385' | HEREBY CERTIFY that a true and correct copy of the foragoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2005, Received by: Inspector's Signature Operator's Signature Title Title Form revised 04.10.08 District Number: 07 CORAL BRIDGE SUITES Case Number: 2005023570 License Type: 2007 Hotel License Number; 4604996 Aug 9 2005 DEPR OGA PAGE 5/11 gaa 2885 15:36 8584146749 License Number: 4604996 License Type: 2001 HOTEL Case Number: 2005023570 Exhibit A “FC” as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Cade. “NFPA” as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 44-3, “Fira Prevention, General Provisions", Florida Administrative Code, and 61-4 .004(5), Florida Administrative Code. itis alleged that on MARCH 10, 2005 (MARCH 25, 2005 AND APRIL 11, 2005 the licensee was in violation of Florida Statute 509(F8) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the following particulars, Copy(s) of the repori(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B, * 1, 03-03 NFPA 25, 2-1 THE MINIMUM REQUIREMENTS FOR THE ROUTINE INSPECTION, TESTING, AND MAINTENANCE FOR SPRINKLER SYSTEMS {IS FOUND] IN TABLE 2-1. NFPA 25, 5-3.3.1 AN ANNUAL TEST OF EACH PUMP ASSEMBLY SHALL BE CONDUCTED UNDER MINIMUM, RATED, AND PEAK FLOWS OF THE FIRE PUMP BY CONTROLLING THE QUANTITY OF WATER DISCHARGED THROUGH APPROVED TEST DEVICES, OBSERVED EXPIRED ANNUAL FIRE PUMP INSPECTION TAG INDICATES CERTIFIGATION DATE OF 2/5/2004. * denotes critical violation Exhibit A Case Number: 2005023570 Page 1 License Type: 2001 HOTEL License Number: 4604998 ge/ a9 2A85 16:36 8584146749 EXHIB,.-B Aug 9 2005 15:38 DEPR OGA pote STATE OF FLORIDA PAGE 46/11 Page 1 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www, myflorida .com/dbpr CALLBACK INSFECTION REPORT LEGAL NOTICE Failure to comply with this Notlea may initiate an administrative complaint that may result in suspension or revacation of your license and fines, 4/11/08 12:43:01 PM Callback Inspection Date and Tima V-BILP Owner Name CORAL BRIDGE SUITES Ausiness Name 70 Number of Units 09200 COLLEGE PKWY Warning HOT4604996 HOTEL Inspactian Reason License Number 4546363 ADMINISTRATIVE COMPLAINT recommended, Area Gode/Telephone Number Inspection Result 03/25/2008 Initial Warming Date FT MYERS FL 33949 Requested Callback Date/Time Address / City / State / Zip /ete. Comments idlation: 02-03. (The following hem(s} have been recommended for Adminisirativa Complaint: observed an expired fire sprinklar Inspactian reporvtag, annual pump HSS on 414/05 call back Inspection In fire PUMP has yet to be done, Inspectlon, This violation must be corrected by : 3/25/05. In progress - have been called comply by Para Cots 1 Lach Eilat 4/11/05 Date Signature of Recipient Inspector Signature Recipient: Paula Castilio For further information pleass contact: Tith Kimberly Torbert, S And & Spee tte employee 4100 Center Point Dr 104 Fort Myers, FL $3916 Phone: 2394546363 850-487-1395 DEPR Form HR 8022-005 Aug 9 2005 15:39 DEPR OGA PAGE 87/11 2. ot an gaa 2885 15:36 8584146749 EXHIB... B STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS wow. myflorida.com/dopr — Page t CALLBACK INSPECTION REPORT LEGAL NOTICE Fallure to comply with this Notice may Initlate an administrative complaint that may result in suspension or revecation oF your Ileense and fines. 3/25/05 12:16:42 PM Warning HOT4604996 HOTL Callback Inspection Date and Time Inspection Reason License Number V-BILLP Time Extended 4546368 Owner Name Area Code/Telephone Number CORAL BRIDGE SUITES Business Name Inspection Result fis 04/05/2005 08:00 AM oa/10/2005 Number of Unite Requested Catlhaek Date/Time Initial] Waming Date 09200 COLLEGE PKWY ET MYERS FL 33919 Address / City / State / Zip / ete. Comments [The following ttam(s) have been sitbmiltted fora Time Extension: folation: 03-03 Pbserved an expla fire sprinkler Inspection Taportteg, annual pump inspection. This violation must bs corrected by | 3/25/05. In progres - have been called campy by HaOS The following Iteti{s) are In compltance: folation: 02-02 Bde, Caer E> Korboridy $e rah 3/20/05 Data Signature of Recipient Inspector Signature Raciplent: Pauia Castillo Far further Information please contact: Thi Kimberly Torbert, 5 And & Spac Ne employee 4100 Center Point Dr 104 Fort Myers, FL 33916 Phone: 2394546363 850-407-1395 OBPR Form HR 5022-005 gaa 2885 15:36 8584146749 Aug 9 2005 15:39 DEPR OGA Sot, EXHIBhB 2 - CALLBACK INSPECTION REPORT LEGAL NOTICE Inspéction Date 3/25/05 12:16:42 PM PAGE 8/11 STATE OF FLORIDA Lleensa Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION HOTL — HOTAéo4g96 DIVISION OF HOTELS AND RESTAURANTS Business Nama Www tnyfiorida.eatn/dbpr CORAL BRIDGE SUITES Failure to comply with this Notice may Initiata an administrate complalnt that may fasuit in suspension or revocation of your Heanse and fines. Observed a build up af lint In the launetty room. Miolation: 04-10 bbservad ihe fre alarm penel wih ao expired inspection (ao, This viotetion must be corrected by : 3/25/05, tagged 3/18/2005 lotation: 12-06 ielation: 17-03 bserved & matteds pad that doéa not cover the antire slapping area of the mattress. Ril 525,218 please check throughout hotel’ + i 25.01 Roservad trash/debsls on the ground ardund dumpster folation: 25-02 Observed # dlecerded! mattrakses auisida the bullding. by durapster lotatlon: 2-01 observed open dumpster td, iolatlon: 38-02 (beerved the estabiishment operating with an expired Ilnange, Need te bay $340 [6230 renawal+ $100 late foal] Payment meda online 3/17/05 Pbserved no balcony certificate avellabla. This violation must be Corrected by : 3/25/03, just need to fax 10 district offica so they can date stamp the copy, = DBPR Form HR 5022-005 Aug S584146749 DEPR OGA EXHIbrt B 16:36 ge/ a9 2A85 STATE OF FLORIDA www. inyflarida.cor/dbpr LEGAL NOTICE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS 9 2005 15:39 mee PAGE 9/11 Page 1 LODGING INSPECTION REFORT Failure to comply with this Notlea may Initlate an administrative complaint that may reeutt in suSpehston or revocation of your llcense and fines, 3/10/05 2:58:32 PM Routine et HOTL Inspection Date and Time V-BILP Owner Name CORAL BRIDGE SUITES Area Cacde/Talephons Number Business Name 4 79 inspection Result 03/25/2005 08:00 AM 12/1/04 Number of Units 9200 COLLEGE PKWY Callback Date/Time Lieense Expiration FORT MYERS FL 33919 Address / City / State / Zip / ete, Item 01: Fire Extinguishers | tern 03: Sprinklers andl Standpipe Titem 04: Alarm Systama tar 12; Balgony Certification A Class ABC type Pita Extinguisher, founct in/at hallway hea @ éortiication date of 11/04 fret floor AClinag ABC type Fla Extinquither, found infat taundry has n certification date of 11/04 *Cartification Date: 2/5/2004 This is for annual inspection of pump, *Certification Date: 2/2004 *Certiffeation Date: not avaliable NOTE: Items marked above with an asteriek (*) indicate a viciation Inspector's Comments lot water heaters are used, $0 no bollar certification to rapart. lotice to guests in closet containg information concerning telaphone surcharges and other faes. Ir conditianing filters aré routinely maintained, T acknowledge receipt of this Inspection form and comments, phn er 3/10/05 Kiimbrendy Ge hat” Date Signature of Resiplent Inspector Signature Fer further information please contact: Reciplent: Terry Kester Title management - ZOD Corer Pa a ether, FL 33916 Phone: 2394545363 850-487-1305 STATUS SAFETY STATUS SAFETY Yes “01 Fire extinguisher/standpipe systems Ne 12 Baleony, railing safety; maintained No 02 Fire Hazards Yes 13 Building repatr No 03 Sprinkler system ‘yas "14 Proper lacking davieas No *04 Smoke detect re alarm systems: STATUS SANITATION Yes P05 Smoke detectors: hearing impalred pees 15 Bathrooms: public: quest; supplies [Yes POG Exits: obstructions, axit signs, emergency lights Yes P18 Water source safe: hot/cold provided Yes *07 Blectreat Deficiencies No 17 Bedding: bed linens, towels Yas *08 Boiler, boiler room Yes 18 Household furnishings “es 1709 Lighting: public, quest rooms Yes 19 Plumbing . ‘es __|*10 Adequate heating Yes 20 Ventilation Yes “11 Appliances properly Installed; maintained Yes “21 Toxles; storage, use __| Violatlons marked with an asterisk are critical violations. tems marked YES are in compliance. tems Marked NO are violtions, Specific cetalis of violation are iste on Subsaquant pagas. Items marked N/A arg Not Appilcable, lems Marked as N/O are Niet Observed, and were not deing conducted at the tine of Inspection. DBPR Form HR 5022-014 Aug 9 2005 15:39 ae/a9/2085 15:36 s5adiderag DEPR OGA PAGE 1@/11 - val { EXHIBI_2 Sool “ Page 2 STATE OF FLORIDA Licanse Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION HOTL 4604996 DIV Hi SION OF HOTELS AND RESTAURANTS Business Nama www inyfarida.cam/dbpr CORAL BRIDGE SUITES LODGING INSPECTION REPORT Inspection Date LEGAL NOTICE 3/10/05 2:88:22 PM Failure to comply with this Notice may Inttlate an adminiatrative complaint that may result In suspension or revocation of your Heensa and floes, 7 STATUS SANITATION STATUS CONSUMER PROTECTION Yes 122 Ice protection Seg Mid Licensee: criminal conduct Yes 723 Glassware: tableware: utensils sanitized Nes 35 Florida Clean Indoor Air Act Yes 24 Vermin contre Yes 36 Telephone surcharge posted No 25 Pramises maintained Yes 37 Guest Register No 26 Garbage and refuse disposal STATUS GENERAL Yes "27 Sewage and waste water dispasal No P28 Current license, displayed, avaliable upon request STATUS CONSUMER PROTECTION es 39 Hauisekeeping Yes "2% Advertisement Yes 40 Other conditions, safe, sanitary {Yas 29 Guest property: liability, notifled Nes 41 Posting oparater seryioe Information lest pI ability. n sing © a | Yes 30 Room rate schedule Yes 42 Blocking operator acaegs Yes 31 Room rates posted Yes 43 Copy of Ch. 509, FS: avatlable Yas 32 Security deposit STATUS INFORMATION Yes _|*33 Unethical business practice; pyerbooking Yes 44 Hospitality Education Program Information provided Violations marked with an asterisk are erica! violations. Items marked YES are [ft compliance. ltams Marked NO are vielailons. Specific datalle of violation are listed on subsequent pages. Items wnarked NVA are Not Applicable. itams Marked as N/D ans Net Observed, and were hot balng congueted at tha time af; inspection. Administrative Complaint(s): 38-02 - Observed the establishment operating with an expired licange, Nead to pay $330 [$230 renewal + $700 late fae] Warning(3); 03-03 - Observed an expired fire sprinkler Inspection taparttag, annual pump inspection. This violation must ba corrected by : 3/25/05, REFERENCE TEXT: NFPA 25, 2-1 The minimum requirements for the routine Inspection, tasting, and maintenance for sprinkler systems fis found) in Table 2-1 04-10 - Observed the tire alarm panel with an expited inspection tag. This violation must be carrected by 3/25/05, REFERENGE TEXT; NFPA 72 7-3.2 and TABLE 7-3.2 Testing shall be performed in accordance with the schedules In Chapter 7 or more often if required by the authority having jurisdiction. lf automatic testing Is performed at least weekly by & remotely monitored fire alann contol unit specifically listed for the application, the manual testing frequancy shall be permitted to be extended to annual. Table 7.3.2 shall apply, All components must be tasted upon acceptance and at least annually. 12-06 « Observed no balcony certificate avaltable. This violation must be corrected by : 3/25/05. REFERENCE TEXT; 61C-3.001(41)(a)FAC As provided In section 509.2112, FS, every public lodging astablishment which Is 4 or mare stories in height, or which has a vertical distanca of 17 feet or more from the lowest grade leval ta any balcony must submit to the division a certificate stating that any and all balconies, staitways, and rallways have been inspected by 2 person who, through aducatian and experlanca, is competent fo inspect Tultl-story buildings and found by such person to bs safe, secure, and free of defects, The term "balcony" is defined as a landing or parch thatls accessible to or used by the publle and shell Include those portions of a bullding which ara unenclosed, except by 4 railing, guardrail system, balustrade, or parapet It shall algo include those portions af @ building which ara enclosed by screening, or other non-permanent building material. Violation(s): 02-02 - Observed a build up of lint in the laundry room. 17-03 - Observed a mattress ped that does not cover tha entire slaeping area of the mattress, RM 525, 215 please check throughout hotel DBPR Form HR 8022-014 Aug 9 2005 15:40 PAGE 11/11 68/69/2685 15:36 8584146749 DEPR OGA lec ¢ ‘ t (o EXH | Bl re — Page 3 STATE OF FLORIDA License Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION HOTL = 4804096 DIVISION GF HOTELS AND RESTAURANTS Business Name www. myflarida.com/dbpr CORAL BRIDGE SUITES: inspection Date LODGING INSPECTION REPORT 3/10/05 2:58:39 PM LEGAL NOTICE Failure ta comply with this Natice may initlate an administrative complaint that may result it suspension or revocation of your license and fines, 25-02 - Observed a discarded mattresses outside tha building. by dumpster 25-01 - Ohgerved trash/dabris on the ground around dumpster 26-01 - Observed open dumpster iid, DBPR Form HR 5022-014.

Docket for Case No: 05-002861
Source:  Florida - Division of Administrative Hearings

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