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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs CORNELL ASSOCIATES OFFICE BUILDING, 06-002281 (2006)

Court: Division of Administrative Hearings, Florida Number: 06-002281 Visitors: 4
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: CORNELL ASSOCIATES OFFICE BUILDING
Judges: R. BRUCE MCKIBBEN
Agency: Department of Business and Professional Regulation
Locations: Sarasota, Florida
Filed: Jun. 26, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, July 11, 2006.

Latest Update: Nov. 20, 2024
Jun 26 2006 13:48 G6/ 26/2886 13:45 8584146749 DEPR OGA PAGE @3/a9 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VS. : . CORNELL ASSOCIATES OFFICE BLDG Serial Number 37714 Respondent. . License Type’ 2101 Elevator i : Case Number 2006018689 : . . ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (Petitioner), files this Administrative Complaint against CORNELL ASSOCIATES OFFICE BLDG, ("Respondent’), and says: ; . 1. Patitioner Ie the state agency charged with regulating the operation of elevators, pursuant to Section 20.165 and Chapter 399, Florida Statutes... . 2. Respondent is, and has been at all times material hereto, subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 2121 CORNELL ST, SARASOTA, FLORIDA 34236. The malling address of record is CORNELL ASSOCIATES OFFICE BLOG at 2121 CORNELL ST, SARASOTA, FLORIDA 34237. . 3, Areview of the censure records of the Division of Hoteld and Restaurants reveals that the Certificate of Operation for this conveyance has expired; however, the operation continues, In vielation of the provisions of Chapter 399, Florida Statutes, and / or the rules promulgated thereto governing operation of the conveyance, The violation{s) and applicabié law are described in Exhibit"A", attachad hereto and incorporated herein by reference. Inspection documents-ara attached as Exhibit “B", incorporated herein . by reference. WHEREFORE, Patitioner respectfully requests antry of an Order imposing one or more of the following penalties: administrative fine not fo exceed $1,000-per offense; suspension, revocation, and/or any other relief authorized by Chapter 399, Florida Statutes, or the rules promulgated therato. Signed March 24, 2006 f . * COUNSEL FOR THE DEPARTMENT: GCharies F. Tuhniciiff, Lead Attormey Florida Bar No. 0153837 Department of Business & Professional Regulation 1940 North Monroe Street . Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE . BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: : . THEREBY CERTIFY that'a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this, day of 1 . Received by: . Division Employee's Signature : Operator's Signature Title . Title Case Number: 2006018689 EXHIBIT A "Form revised 03.06.06 License Type: 2104 os CORNELL ASSOCIATES OFFICE BLDG Certificate Number 37744 Jun 26 2006 13:48 G6/ 26/2886 13:45 8584146749 DEPR OGA PAGE @4/ag EXHIBIT A Itis alleged that on January 25, 2006 the operator was in violation of Florida Statute 399 (FS) and/or the Rules of the Division of Hotels and Restaurants, Bureau of Elevator Safety, Florida Administrative Code (FAC), in the following particulars: 4. 399,061(1MA} FS Certificates of operation may be renewed only for vertical conveyances having a . current satisfactory inspection. OBSERVED ELEVATOR IN OPERATION WITH AN EXPIRED CERTIFICATE OF OPERATION AND NO SATISFACTORY INSPECTION ON FILE. 2. 399.07(1) FS ° The owner of an elevator operating with an expired certificate of operation-is in violation of this chapter..., The department shall adopt by rule a fee schedule for the renewal of certificates of operation. ‘ OBSERVED ELEVATOR IN OPERATION WITH AN EXPIRED CERTIFICATE OF OPERATION AND NOT HAVING PAID THE REQUIRED ANNUAL RENEWAL FEE. Case Number, 2006018689 Form revised 03,06,06 tet tial [Sea ACE GY A Jun 26 2006 13:49 DBPR OGA G6/ 26/2886 13:45 8584146749 Ce eee PAGE 95/89 State of Florida Division of Hotels and Restaurants Bureau of Elevator Safety . www. myfioridalicense.oom EXPIRED ELEVATOR CERTIFICATE VISIT aa Pte Building Natne: Building Address. VERIFICATION tis Dat: =f Expiration Lhereby certify that | visited thir. site ana observed he vievatoriescpbatoridurataitaitect in operation anid further attest that the certificate of operation iaexpired in violation: of Chinptier, 399, Florida Statute. Canractors Representative if unable to verity, indicate why: Tf 1- Unable t access. building Cl 2-u building = 3 - Building fomdown (2 4-Other explain in comments} Comments: , Cfasai 1 — Traction Passenger 2 = Hydraulic Passenget 4— Freight Flevator PF oMoving Walkwax = 8 — Inclined Lift 3 Limited Use 10 -Dronbwaiter 1 1S Other Lift 16 — Special V7 — Inclined Chaittift WR—-Wheelshak ih | “10-Bacalater HL Purpose (Revived 1115/2005} APPENOIX & a eeeRNT) a" EXHIBIT B

Docket for Case No: 06-002281
Source:  Florida - Division of Administrative Hearings

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