STATE OF FLORIDA ; DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ve Petitioner, 6 “T _ O UG _ aS License No. 5808960 COURTYARD BY MARRIOTT License Type 2001 Respondent. Case No. 2008059393 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND — RESTAURANTS, (“Petitioner”), files this Administrative Complaint against COURTYARD BY MARRIOTT, (‘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 1750 PEMBROKE DR, ORLANDO, FLORIDA 32810.The mailing address of record is COURTYARD BY MARRIOTT, at 1750 PEMBROKE DR, ORLANDO, FLORIDA 32810. ; : 3. Inspection of this establishment conducted pursuant to Sec. 809.032, 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 509, Florida Statutes, or the rules promulgated thereto. Signed October 30, 2006 . eo Valerie Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants : , Department of Business & Professional Reguiation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attorney Florida Bar No. 0153831 Department of Business & Professional Regulation 41940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2006. Received by: Inspector's Signature : Operator’s Signature Title Title District Number: 04 Form revised 10.10.06 Case Number: 2006059393 License Number: 5808960 2001 COURTYARD BY MARRIOTT Exhibit A License Number: 5808960 License Type: 2001 HOTEL Case Number: 2006059393 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. * denotes a critical violation. It is alleged that on September 12, 2006, October 17, 2006 the licensee was in violation of Florida Statute yoo, 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,.05-03 61C-1.004(9)(E)FAC SPECIALIZED SMOKE DETECTORS FOR THE DEAF AND HEARING- IMPAIRED SHALL BE MADE AVAILABLE UPON REQUEST BY GUESTS IN TRANSIENT PUBLIC LODGING ESTABLISHMENTS WITHOUT CHARGE. FAILURE OF THE OPERATOR TO INFORM ANY EMPLOYEE CHARGED WITH REGISTERING GUESTS OF THE LOCATION OF SUCH DETECTOR CONSTITUTES FAILURE TO MAKE SUCH DETECTORS AVAILABLE. THE FRONT DESK CLERK WAS UNAWARE OF THE LOCATION OF THE HEARING IMPAIRED SMOKE DETECTOR. * 2.01-15 NFPA 25, 3-2.1 INSPECTION. COMPONENTS OF STANDPIPE AND HOSE SYSTEMS SHALL BE VISUALLY INSPECTED [ANNUALLY] OR AS SPECIFIED IN TABLE 3-1. THE STANDPIPE SYSTEM INSPECTION TAG HAD EXPIRED. " denotes critical violation : District: 04 Case Number: 2006059393 License Type: 2001 License Nurnber: 5808960 File Number: 4124 COURTYARD BY MARRIOTT STATE OF FLORIDA : DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS “nner Celery Page LODGING INSPECTION REPORT LEGAL NOTICE Fallure to comply with this Notice may initiate an administrative complaint that may result in suspension or revocation of your license and fines. 09/42/06 01:20 PM Routine $808960 HOTL Ingpection Date and Time Inspection Reason License Number MCKIBBON HOTEL GROUP MAITLAND WARNING: : Owner Name So Violations in the operation of your establishment COURTYARD BY MARRIOTT must be corrected by: Area Code/Telephone Number Business Name Inspection Result 12 10/12/2006 08:00 AM 401/07 Number of Units Callback Date/Time License Expiration 1750 PEMBROKE DR . ORLANDO, 32810 Address / City / State / Zip / etc. {tem 01: Fire Extinguishers item 03: Sprinklers and Standpipe ‘A Class ABC type Fire Extinguisher, found ivet_ | Certification Date: 10/17/05 by room #laundry room___has @ certification date of 06 ‘A Class ABC typa Fire Extinguisher, found in/at hallway has 4 certification date of 3/06 A Class ABC type Fire Extinguisher, found in/at by room #131___ has 3 cordfication date of 306 A Class ABC type Fire Extinguisher, found infet by room #312__ hae 8 cevtfication date of 3706 __|temo4: Alarm Systems | tem 12: Balcony Certification Certification Date: 10/17/05 Certification Date: 1/21/04 NOTE: tems marked above with an asterisk (*) Indicate a violation | acknowledge recelpt of this Inspection form and comments. mn ie Eat OC haw Date Signature of Recipient Inspector Signature Recipient: Kathy Bessiey ; For further information please contact: . Crcitia Chi Tite Front Desk Sentation And Fire Séfety Speciefist 400 W Rbinson St. 802N . Fi 32801-1760 Phone: 407 859 9100 seasraoe railing safety; maintained Yes _[15 Bathrooms; public; guest; supplies 16 Water source safe; hot/cold provided [Yes___([17 Bedding: bed linens, towels ishings Vioiations marked with an asterisk era critical violations. ems merked YES are in compliance, ttems Marked NO are violations. Specific detalis of violation are listed on subsequent pages. items marked N/A are Not Applicable. items Marked as N/O are Not Observed, and were not being conducted at the time of Inspection. ‘BPR Form HR $022-014 : Page 2 STATE OF FLORIDA License Number DEPARTMENT OF BUSINESS AND PROFESSIONALREGULATION -HOTL 58089 DIVISION OF HOTELS AND RESTAURANTS Business Name www. myflorida.com/dbpr COURTYARD BY MARRION Gp LODGING INSPECTION REPORT See abe 01:20 PM LEGAL NOTICE vnc tuhtenapttt nt EE nc mmag meet {8 protecti 4 Licensee; ceiminat conduct fee frichenee sumer ea hos hs 5 Florida Clean Indoor Air Act Yes fens Fer frost egister — Ce ea oeorectn ee Q Ye fataeianen —_ sotto ee Yes __|28 Guest property; liability, notified yee sting operator service information ves [30Roomrate schedule «YS AZ Blocking operatoracosss -|Yes___|31 Room rates posted Yes ks oan oh, 50, £8 sven Yes pee frssem ses sas | __ norman [Yes __|*33 Unethical business practice; ovarbooking ives __|44 Hospitality Education Program Information provided Violations marked with an asterisk are crtical isetions, ltems marked YES are i compllance. Items Marked NO are violations. Spacific details of violation are listed on ‘subsequent pages. tems marked N/A ara Not Applicable. ters Marked 83 N/O are Not Observed, and were not being conducted et the time of Inspection. Waming(s): 0$-03:Observed the front desk clerk Is unaware of tha location of the hearing impaired smoke detector. 01-03:Observed an appropriately sized fire extinguisher is missing. In guest laundry room 01-15:Observed an expired standpipe system Inspection reporttag. Dated 9/28/01 This violation must be corrected by : 10/12/06. 04-01:Observed an alarm silenced on the fire alarm contro! panel. Front desk . 40° Tao vers t Form HR 5022-014 Page 1 STATE OF FLORIDA ~wcamtarec™ §— Herp CALL BACK INSPECTION REPORT LEGAL NOTICE . Fallure to comply with this Notice may initiate an adosinistrative complaint that may result In suspension or revocation of your license and flies, 10/17/06 11:46 AM Warming. 5808060 ror Callback Inspection Date and Time - Tnspection Reason Ucense Number MCKIBBON HOTEL GROUP MAITLAND ADMINISTRATIVE COMDUAINT Tecoeamended 6599100 Owner Name — — . Area Code/Telephone Number COURTYARD BY MARRIOTT ee . Business Name Inspection Result . 112 09/12/2006 ROMBer or ons ETRE CORA RET VOIGT 1750 PEMBROKE DR ORLANDO, 32810 Comments. Administrative Complaint recommended for non compliance on call back re-Inspection, ed the front desk clerk Is unaware of the location of the hearing Impaired smoke detector. lation: 01-15 Dbserved an expired standpipe system inspection report/tag, Dated 9/28/01 This violation must be corrected by : 10/12/06, following Item(s) are in compliance: eee 2. CK. 10-17-06 Date Signature of Recipient Tnspector Signature 5 further information contact: Recipient: Trent Pipher For er please . Coca Cha Tite cM . Sanitation And Fire Safety Speciatist 400 W Robinson St. 802N ; , FL 32801-1760 reve sera cin a DBPR Form HR 5022-005 STATE OF FLORIDA DEPARTMENT. OF BUSINESS AND PROFESSIONAL REGU www.myflorida.com/dbpr CALL BACK INSPECTION REPORT LEGAL NOTICE DIVISION OF HOTELS AND soma acuuarcg 147 BIT Page 2 License Number HOTL » 5806960 Business Name COURTYARD BY MARRIOTT Inspection Date 10/17/06 11:46 AM Failure to comply witlt this Notice may Initiate an administrative complaint that may result In suspension or revocation of your license and fines. d an alarm silenced on the fire alarm control panel, Front desk on: 02-03

Docket for Case No: 07-000493