Dec 1 2005 13:23 12/01/2065 13:18 B5e4146749 DEPR OGA PAGE 44/85 STATE OF FLORIDA ; DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ' DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, Vs. MILLER DEBORAH K License No. 9900000 License Type 2052 Non-Licensed Lodging ROYAL PALM APTS Respondent. Gase No. 2005049402 i ADMINISTRATIVE COMPLAINT The. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Gomplaint against MILLER DEBORAY K, ROYAL PALM APTS, (“Respondent”), and says: 1, Petitioner |s 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 1918 W7 AVE, BRADENTON, FLORIDA 34205,The mailing address of record is ROYAL PALM APTS, at 6301 S GATOR CREEK BLVD, SARASOTA, FLORIDA 34241. 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 ar more of the following pénalties: 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 licanse issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto, Signed September 23, 2005 ——-_ a Gary Tillman, District Manager By delegation of the Director, or designea Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Chartes F. Tunnicliff, Lead Attorney Florida Bar No, 0153831 Deparment of Business & Professional Regulation 1240 North Manroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9848 5781 2645 tHEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2005, Received by: Inspector's Signature Operater’s Signature Title Title Case Number: 2005049402 Form revised 08,13,06 License Type: 2052 Non-Licensed Lodging . District Number: 07 Licanse Number: 9900000 MILLER DEBORAH Dec 1 2005 12/al/28e85 13:18 8584146749 DEPR OGA PAGE 85/85 License Number: NO LIC License Type: 2052 NON-LICENSED LODGING Case Number: 2006049402 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 64C, 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 610-1 .004(5), Florida Administrative Code. {tis alleged that on JULY 29, 2005 AND SEPTEMBER 21, 2005 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. Gopy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B, "1,01-10 NFPA 10,4-4.1 FIRE EXTINGUISHERS SHALL BE SUBJECTED TO MAINTENANCE NOT MORE THAN ONE YEAR APART . ABC FIRE EXTINGUISHERS WITH EXPIRED SERVICE TAG DATED 2/2003. * 2.3802 509.241(1) AND (2) FS LICENSES; ANNUAL RENEWALS, EAGH PUBLIC LODGING ESTABLISHMENT SHALL OBTAIN A LICENSE FROM THE DIVISION. SUCH LIGENSES MAY NOT BE TRANSFERRED FROM ONE PLACE OR INDIVIDUAL TO ANOTHER, LICENSES SHALL BE RENEWED ANNUALLY. APPLICATION FOR LICENSE,— EACH PERSON WHO PLANS TO OPEN A PUBLIC LODGING ESTABLISHMENT ... SHALL APPLY FOR AND RECEIVE A LIGENSE FROM THE DIVISION PRIOR TO THE COMMENCEMENT OF OPERATION. A CONDOMINIUM ASSOCIATION, AS DEFINED IN 8. 718.103, WHIGH DOES NOT OWN ANY UNITS CLASSIFIED AS RESORT CONDOMINIUMS UNDER §&. §09.242(1)(C) SHALL NOT BE REQUIRED TO APPLY FOR OR RECEIVE A PUBLIC LODGING ESTABLISHMENT LICENSE. !T IS THE RESPONSIBILITY OF THE LIGENSEE TO RENEW THE LICENSE PRIOR TO THE EXPIRATION DATE. ANY PUBLIC LODGING ESTABLISHMENT OPERATING ON AN EXPIRED LICENSE IS DEEMED TO BE OPERATING WITHOUT A LICENSE, AND SUBJECT TO THE PENALTIES PROVIDED FOR THIS OFFENSE IN LAW AND RULE, OPERATING A PUBLIC LODGING ESTABLISHMENT WITHOUT THE REQUIRED STATE LICENSE, 27 RENTAL UNITS, “denotes critical violation Exhibit A Case.Number: 2005049402 : Page 1 License Type: 2052 NON-LICENSED LODGING License Number: NO LIC

Docket for Case No: 05-004370