Jun 26 2006 13:44 E 83/86 B6/ 26/2886 13:42 8584146749 DEPR OGA PAGI STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. CAROLYN HATHAWAY B43 SW7 APTS Respondent. re | License Na, 9900000 License Type 2052 Case No. 2005060068 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner"), files this Administrative Complaint against CAROLYN HATHAWAY, 843 SW7 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 20,185 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 843 SW7 ST, MIAMI, FLORIDA 33030,The mailing address of record is 843 SW 7 APTS, at 3421 NE 16 AVE, OAKLAND PARK, FLORIDA 3333¢. 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 $09, Florida Statutes, or the rules promulgated thereto. Signed November 23, 2005 Tate WOOD Ile Pak ates Shannie Kallas, 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, 0153834 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7460 3901 9848 8548 5279 | 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 Tite Title ~ Case Number, 2006080088 Form revised 11.10,05 License Type: 2052 District Number: 04 License Number: 8900000 CAROLYN HATHAWAY Jun 26 2006 13:45 PAGE @4/@6 B6/ 26/2886 13:42 8584146749 DEPR OGA License Number: NO LIG License Type: 2052 NON-LICENSED LODGING Case Number:.2005080068 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 610, Florida Administrative Code. "NFPA" as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 44-3, “Fire Prevention, General Provisions”, Florida Administrative Code, and 61C-1:004(5), Florida Adrninistrative Code. {tis alleged that on September 1, 2005, October 6, 2005, and November 9, 2005, the licensee was in violation of Flarida 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, * 1.01-01 G1C-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 44-3, FAG. OBSERVED MISSING FIRE EXTINGUISHERS. * 2.04-03 4A-43,.009(11)(BC)FAC BATTERY POWERED, SINGLE STATION SMOKE DETECTORS, WHERE USED SHALL BE TESTED AND INSPECTED NOT LESS FREQUENTLY THAN ONCE PER WEEK AS REQUIRED BY NFPA 74 6-2 AS ADOPTED IN RULE 443. ALOG OF THE REQUIRED TESTS AND INSPECTIONS SHALL BE KEPT AND AVAILABLE TO THE AUTHORITY HAVING JURISDICTION AT ANY TIME. THE LOG SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION AND ANY OTHER INFORMATION AS MAY BE REQUIRED BY THE AUTHORITY HAVING JURISDICTION: 4. A LIST CLEARLY IDENTIFYING EACH INDIVIDUAL DETECTOR BY ITS PHYSICAL LOCATION, 2. THE DATE OF EACH REQUIRED TEST AND INSPECTION. 3. THE IDENTITY AND SIGNATURE OF THE INSPECTOR. 4, THE RESULT OF EACH TEST AND INSPECTION, §. THE COMPLETION DATE AND FORM OF ANY MAINTENANCE PERFORMED, 6. THE COMPLETION DATE AND FORM OF ANY CORRECTIVE MEASURES TAKEN FOR EACH IMPROPERLY FUNCTIONING DEVICE. 7, A COFY OF THE MANUFACTURER'S RECOMMENDED MAINTENANCE SCHEDULE AND PROCEDURES, (C) AT SUCH TIME THAT THE AUTHORITY HAVING JURISDICTION FINDS CAUSE TO BELIEVE THAT THE REQUIREMENTS OF (A) OR (B) ARE NOT BEING FULFILLED, DETECTORS POWERED BY THE BUILDING ELECTRICAL SYSTEM SHALL BE REQUIRED. OBSERVED SMOKE DETECTORS MISSING/NOT FUNCTIONING. * 3.09-01 509,.221(3)FS = EACH ESTABLISHMENT LICENSED UNDER THIS CHAPTER SHALL BE PROPERLY LIGHTED AND SHALL BE OPERATED WITH STRICT REGARD TO THE HEALTH,COMFORT, AND SAFETY OF THE GUESTS. SUCH PROPER LIGHTING SHALL BE CONSTRUED TO APPLY TO BOTH DAYLIGHT AND ARTIFICIAL LHGHT OBSERVED MAIN ENTRANCE NOT PROPERLY LIGHTED. 4. 13-01 B1C-1,004(8)FAC ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS. OBSERVED FRONT DOOR & WINDOWS BROKEN, Case Number: 2005060068 Form revisad 11.10.05 License Type: 2052 . District Number: 04 License Number; 9900000 : CAROLYN HATHAWAY 66/26/2686 13:42 8584146749 Jun 26 2006 13:45 DEPR OGA PAGE 85/86 5. 25-01 61C-3.001(7) FAC PREMISES- THE YARDS, ALLEYS, DRIVEWAYS, SIDEWALKS, AND OTHER EXTERIOR PORTIONS OF THE LICENSED PREMISES SHALL BE KEPT CLEAN, FREE OF DEBRIS, FREE OF OBJECTIONABLE ODORS, AND PROPERLY DRAINED, MAINTAINED AND MOWED OBSERVED TRASH/DEBRIS ON THE GROUND. 6. 26-01 61C-1.004(1)(E) FAC ALL GARBAGE AND RUBBISH SHALL BE REMOVED FROM THE ESTABLISHMENT PREMISES WITH SUFFICIENT FREQUENCY TO PREVENT NUISANCE CONDITIONS AND SHALL BE DISPOSED OF IN ACCORDANCE WITH PROVISIONS OF CHAPTER 62-701, FAC HEREIN ADOPTED BY REFERENCE. OBSERVED A BUILD UP OF GARBAGE ON THE PROPERTY. 7, 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 3.718.103, WHICH DOES NOT OWN ANY UNITS CLASSIFIED 4S RESORT CONDOMINIUMS UNDER 8, 909.242(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 CURRENT STATE LICENSE, Case Number: 2005060088 Form revised 17.10.05 Liconse Type: 2052 Disirict Number; 04 License Number: 9900060 CAROLYN HATHAWAY

Docket for Case No: 06-002280