STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. M License No, 9900000 TINGLE CLARENCE B License Type 2052 1464 1466 APTS " Case No. 2005047540 ( el FY Respondent. - . / ADMINISTRATIVE COMPLAINT. The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against TINGLE CLARENCE B, 1464 1466 APTS, ("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 1464 NE HOLLY HEIGHTS DR, FORT LAUDERDALE, FLORIDA 33304.The mailing address of record is 1464 1466 APTS, at 1464 NE HOLLY HEIGHTS DR, FORT LAUDERDALE, FLORIDA 33304. 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 rellef authorized by Chapter 509, Florida Statutes, or the ruleg pramulgated thereto. : Signed September 13, 2005 | ie Baul Ken Buck, 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: 7160 3901 9849 1089 8692 | HEREBY 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 Operator's Signature Title Title Case Number: 2005047540 Form revised 08.13.05 License Type: 2052 District Number: 02 License Number: 9900000 TINGLE CLARENCE B License Number; NO LIC License Type: 2052 NON-LICENSED LODGING Case Number: 2005047540 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 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 July 26, 2005 and September 02, 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. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. 4. 38-02 509.241(1) AND (2) FS LICENSES; ANNUAL RENEWALS. EACH PUBLIC LODGING ESTABLISHMENT SHALL OBTAIN A LICENSE FROM THE DIVISION, SUCH LICENSES 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 LICENSE FROM THE DIVISION PRIOR TO THE COMMENCEMENT OF OPERATION. A CONDOMINIUM ASSOCIATION, AS DEFINED IN S. 718.103, WHICH DOES NOT OWN ANY UNITS CLASSIFIED AS RESORT CONDOMINIUMS UNDER 6. ° 509.242(1)(C) SHALL NOT BE REQUIRED TO APPLY FOR OR RECEIVE A PUBLIC LODGING ESTABLISHMENT LICENSE. IT IS THE RESPONSIBILITY OF THE LICENSEE 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. : OBSERVED THE ESTABLISHMENT OPERATING WITHOUT A LICENSE ( $125.00 + $50.00= $175.00) * denotes critical violation Exhibit A Case Number: 2005047540 . Page 7 License Type: 2052 NON-LICENSED LODGING License Number: NO LIC State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants SEs A F NGM ATE: Month Day Year www. hospitalityeducation.org LICENSE CONTROENUMBERER County CALL BACK/RE-INSPECTION REPORT = page _f. of J File Number Suffix FAT US ies ie ne WARNING OF time: Warning (lcomplied (Hearing requested DIRECT NOTICE: LPre-conference CiNot complied © [10ut of business Failure to bein compliance [_]Pre-hearing with this notice at any [On Stipulation future inspection may (20h Hearing Order ClTime extended date. of result in a direct Notice to y Show Cause. We F7.579| 7 NOTICE TQ SHOW CAUSE You will he issued a Notice to Show Cause why sanctions should nat be assessed against yous license. A hearing will be held at a time and place to be designated by the director. RECIPIENT'S NAME {PLEASE PRINT) INSPECTOR'S NAME (PLEASE PRINT) DBPR Form HR 5022-005 2002 February 08 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www. mytlorida.com/dbpr CALLBACK INSPECTION REPORT LEGAL NOTICE Failure to comply with this Notice may initiate an administrative complaint that may result in suspension or revocation of your license and fines, 9/2/05 12:13:14 PM Waming NAP1619579 NAPT Callback Inspection Date and Time Inspection Reason License Number TINGLE CLARENCE 8 ADMINISTRATIVE COMPLAINT recommended, 7641727 Owner Name Area Code/Telephone Number 1464 1466 APTS Business Name Inspection Result . 6 ‘ 07/26/2005 Number of Units . Requested Callback Date/Time Tnitial Warning Date 1464 NE HOLLY HEIGHTS DR. FT LAUDERDALE FL 33304 Address / City / State / Zip / etc. Comments Obavers Phowe # 954 ~764- /72°7 [The following item(s) have been recommended for Administrative Complaint: Violation: 38-02 Observed the establishment operating without a license. |The following itern(s) are in compliance: iolation: 13-01 Aah 9/2/05 Date Signature of Recipient Inspector Signature Reclpient: malted For further Information please contact: JOHN LITSCHER Tite owner Senior Sanitation and Safety Specialist S080 Coconut Phone: Creek Pkwy STE A Margate, FL 33063 850-487-1395, DBPR Form HR 5022-005 Page 2 STATE OF FLORIDA License Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION NAFT NAP1619579 DIVISION OF HOTELS AND RESTAURANTS www. myflorida.com/dbpr Business Name 1464 1466 APTS CALLBACK INSPECTION REPORT LEGALNOTICE ° Inspection Date 9/2/05 12:13:14 PM Failure to comply with this Notice may initiate an administrative complaint that may result in suspension or revocation of your license and fines, Dbserved a door In disrepair, bottom af mater room door (1466 building) . Miolation: 24-01 Observed live vermin, WASPS FLYING OUT OF ROTTED BASE OF METER ROOM DOOR (1466 BUILDING), lolation: 25-02 Pbserved discarded equipment stored outside the building, doors behind 1466 building. DBPR Farm HR 5022-005 STATE OF FLORIDA LEGAL NOTICE Page 1 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS . www. myflorida.com/dbpr LODGING INSPECTION REPORT Failure to comply with this Notice may Initiate an administrative complaint that may result in suspension or revocation of your license and fines, 7/26/05 11:54:39 AM Routine NAP1619579 NAPT Inspection Date and Time Inspection Reason License Number TINGLE CLARENCE B Owner Name Monnens in the operation of your 7641727 1464 1466 APTS establishment must be corrected by: Area Code/Telephone Number Business Name Inspection Result 6 08/27/2005 08:00 AM 01-DEC-04 Number of Units Callback Date/Time Ucense Expiration 4464 NE HOLLY HEIGHTS DR FP LAUDERDALE FL 33304 Address / City 7 State /Zip / etc. Item Ot: Fire Extinguishers * | Item 03: Sprinklers and Standpipe | Ttem 04: Alarm Systems» Item 12: Balcony Certification A Class ABC type Fire Extinguisher, found in/at 1466 building has a certification date of 10-04 NOTE: Items marked above with an asterisk (*) Indicate a violation Inspector's Comments Tacknowledge receipt of this inspection form and comments, Van abstr 7/26/05 Date Signature of Recipient Inspector Signature Reciptent: malled certified For further information please contact: Title owner JOHN LITSCHER ‘ Senior Sanitation and Safety Specialist 5080 Coconut Phone; Creek Pkwy STE A Margate, Fi. 33063 ° 850-487-1395 STATUS SAFETY STATUS SAFETY Yes *01 Fire extinguisher/standplpe systems Yes *12 Balcony, ralling safety; maintained Yes *02 Fire Hazards No 143 Building repair Yes 03 Sprinkler system Yes *14 Proper locking devices Yes *04 Smoke detectors; fire alarm systems STATUS SANITATION Yes *05 Smoke detectors; hearing impaired Yes 15 Bathrooms; public; guest: supplies Yes *06 Exits; obstructions, exit signs, emergency lights Yes *16 Water source safe; hot/cold provided Yes 07 Electrical Deficiencies Wer 17 Bedding; bed linens, towels Yes *O8 Boller, boiler room Yes 48 Household furnishings Yes *09 Lighting; public, quest rooms Yes 149 Plumbing Yes *10 Adequate heating Yes 20 Ventilation Yes Fa Appitances properly Installed; maintained Yes *21 Toxics; storage, use Violations marked with an asterisk are critical violations. Items marked YES are In compliance, Items Marked NO ai re violations. Specific detalls of violation are listed on subsequent pages, Trems marked N/A are Not Applicable, Items Marked as N/O are Not Observed, and were not belng conducted at the time of faspection, DBPR Form HR 022-014 Page 2 STATE OF FLORIDA License Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION NAPT —_ NAP1619579 DIVISION OF HOTELS AND RESTAURANTS www.myflorida.com/dbpr Business Name 1464 1466 APTS LODGING INSPECTION REPORT ion Date LEGAL NOTICE Inspection Dat 7/26/05 11:54:39 AM Failure to comply with this Notice may Initiate an administrative complaint that may result in suspension or revocation of your license and fines. STATUS SANITATION . STATUS d CONSUMER PROTECTION Yes *22 Ice protection . Yes 34 Licensee; criminal conduct Yes *23 Glassware; tableware; utensils sanitized Yes 135 Florida Clean Indoor Air Act No 24 Vermin control Yes 36 Telephone surcharge posted No 25 Premises maintained Yes 37 Guest Register Yes 26 Garbage and refuse disposal | STATUS GENERAL Yes *27 Sewage and waste water disposal No *38 Current license, displayed, available Upon request { STATus” |~ CONSUMER PROTECTION Yes ps Housekeeping Yes 28 Advertisement Yes 40 Other conditions, safe, sanitary Yes 29 Guest property; jiabllity, notified Yes #1 Posting operator service Information Yes 30 Room rate schedule Yes 42 Blocking operator access Yes 31 Room rates posted Yes " [43 Copy of Ch, 509, FS: available Yes 32 Security deposit STATUS L INFORMATION Yes *33 Unethical business practice; overbooking Yes 44 Hospitality Education Program Information provided Violatons marked with an asterlsk are crilicat violations, Items marked YES are in compliance, Items Marked NO are violations, Specific detalts of ylotation are listed on subsequent pages, Items marked N/A are Not Applicable, Items Marked as N/O are Not Observed, and were not belng conducted at the time of Inspection, Violation(s): 13-01 - Observed a door in disrepalr, bottom of meter room door (1466 building) . REFERENCE TEXT: 61C-1.004(6)FAC All building structural components, attachments and fixtures shall be kept In good repair, clean and free of obstructions. 24-01 - Observed live vermin, WASPS FLYING OUT OF ROTTED BASE OF METER ROOM DOOR (1466 BUILDING), REFERENCE TEXT: 509.221(7) FS The operator of any establishment licensed under this chapter shall take effective measures to protect the establishment against the entrance and the breeding on the premises of all vermin, Any room in such an establishment Infested with such vermin shall be fumigated, disinfected, tenovated, or other corrective action taken unt! the vermin are exterminated, 25-02 - Observed discarded equipment stored outside the building, doors behind 1466 bultding. REFERENCE TEXT: 61C-3.001(7) FAC Premises- The yards, alleys, driveways, sidewalks, and other exterior partiong of the licensed premises shall be kept clean, free of debris, free of objectionable odors, and properly drained, maintained and mowed 38-02 - Observed the establishment operating without a license. REFERENCE TEXT: 509,241(1) and (2) FS and 61C-1.002(6) FAC LICENSES; ANNUAL RENEWALS. Each public lodging establishment shall obtain a license from the division. Such llcenses 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 license fram the division prior to the commencement of operation. A condomintum association, as defined In s. 718.103, which does not own any units classified as resort condominiums under s. 509.242(1)(c) shall not be required to apply for or receive a public {odging establishment license. It fs the responsibility of the licensee to renew the license Prior to the expiration date, Any public lodging establishment operating on an explred license is deemed to be operating without a license, and subject to the penalties provided for this offense in law and tule. . Total Number of COS Violations: it) Total Number of Repeat Violations: 0 DBPR Form HR 5022-014

Docket for Case No: 06-001083