STATE OF FLORIDA me DEPARTMENT OF HEALTH OFFICE ORSTHE CLERK —'S E STATE OF FLORIDA, RB 3s DEPARTMENT OF HEALTH, haere MONROE COUNTY HEALTH DEPARTMENT, OF 7 0 Petitioner, LS _. rey . v. CASENO: 200559 | VENTURE OUT AT CUDJOE KEY, INC. A CONDOMINIUM, a Florida Corporation a LK. 2: 'y Wel Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Florida Department of Health, Monroe County Health Department (“Department”), through undersigned counsel and pursuant to Chapter 381 Florida Statutes, brings this Administrative Complaint against Venture Out at Cudjoe Key, Inc. to request an order imposing an administrative fine of $5,000.00, and alleges: 1. Petitioner, the Department, is an agency of the State of Florida, charged with instituting administrative proceedings set forth in § 381.0061, Fla. Stat. (2004), to protect the health or lives of the individuals that may be threatened or impaired. § 386.01, Fla. Stat. (2004). 2. Respondent, Venture Out at Cudjoe Key, Inc., is the owner of record of the property located at 701 Spanish Main Drive, Cudjoe Key, Florida (“Property”). 3. The Department has jurisdiction over this action by virtue of Chapters 120, 381, and 513 Fla. Stat. (2004). 4. Section 513.01(4), Fla. Stat. (2004) defines a mobile home park as: “a place set aside and offered by a person, for either direct or indirect remuneration of the owner, lessor, or operator of such place, for the parking, accommodation, or rental of five or more mobile homes.” 5. Section 513.02(1), Fla. Stat. (2004) provides: “A person may not establish or maintain a mobile home park, lodging park, recreational vehicle park, or recreational camp in this state without first obtaining a permit from the department. Such permit is not transferable from one place or person to another. Each permit must be renewed annually.” 6. On February 12, 2003, pursuant to Section 513.065, Fla. Stat. (2004), Department notified Respondent it was operating an unlicensed Mobile Home Park and must apply for a permit within ten (10) working days. 7. On July 11, 2003, Department again notified Respondent that jt was required to obtain a mobile home park permit. 8. On July 24, 2003, Counsel for Respondent sent a letter to Department asserting that Property was not a lodging park or mobile home park as defined in Chapter 513. 9, Only July 8, 2004, Department sent a letter to Counsel for Respondent indicating that Property was, in fact, a mobile home park, as defined by Florida Statute. 10. On July 28, 2004, Counsel for Respondent sent an additional letter disputing Respondent’s duty to obtain a permit. 11. As of May 5, 2005, the Respondent is still unlawfully maintaining the above existing conditions on the Property. 12. The Department is requesting an order to impose an administrative fine of $5,000.00 pursuant to §381.0061(1) Fla. Stat. (2004). 13. Respondent has a right to request an administrative hearing, to be represented by counsel or other qualified representative to take testimony, to call and cross-examine witnesses, to have subpoena and subpoena duces tecum (production of records) issued, and to present written evidence or argument. 14. (1) Any hearing requested or answer to the administrative complaint shall be made in writing and the response should include the following: : a. An admission or denial of each factual matter alleged in the complaint. b. A short and plain statement of each relevant affirmative defense the Respondent may have. (2) Except for good cause: a. Factual matters alleged in this complaint and not denied in the Request for Hearing shal! be presumed admitted. b. Failure to raise a particular defense in the Request for Hearing shall be presumed to be denied by the Department. c. Any new matter raised in the Request for Hearing shall be presumed to be denied by the Department. d. Evidence shall not be taken on any issue not raised in the administrative complaint and the Request for Hearing. 15. The Respondent is given full notice of the agency action. Unless a request for a hearing is received within thirty (30) days of receipt of this complaint, the Department will issue a Final Order. 16. Hearing Request shall be mailed to Sam Power, Esquire, Agency Clerk, 4052 Bald Cypress Way, Bin A02, Tallahassee, Florida 32399-1703. Respectfully Submitted, Z ZE Hh — Fla. Bar No. 206334 Monroe County Health Department 8325 NW 53” Street, Suite 203 Miami, Florida 33166 (786) 845-0300 CERTIFICATE OF SERVICE I HEREBY CERTIFY, that a true and correct co pot the following has been sent by U.S. Certified Mail # Wea 2420 0003 54S 48 Rendall K. Roger, Esq., Counsel for Respondent, at 621 N.W. 53” Street, Suite 300, Boca Raton, Florida 33487 on this US day of Fay, 2005. s DL Morton Laitner, Esquiré

Docket for Case No: 05-003267