STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF 8USINESS AND PROFESSIONAL REGULATION Petitioner, vs. SUNSET APARTMENTS teense type 2003 Reepondent. Case No. 2007047942 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), flles this Administrative Complaint against SUNSET APARTMENTS, (“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 1545 OREXEL AVE, MIAMI BEACH, FLORIDA 331397941.The mailing address of record is SUNSET APARTMENTS, at 1545 DREXEL AVE, MIAMI BEACH, FLORIDA 331397941, 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 deseribed in Exhibit "A," attached hereto and incorporated herein by reference. Inspection documents are attached as Exhibit “2”, incorporated herein by reference. . WHEREFORE, Patitioner respectfully requests entry of an Order imposing one or mare 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 reliet authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto, Signed August 27, 2007 Sm, Shannie Kallas, Distriet Manager By dalagation 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. 0163831 Department of Business & Professional Regulation 1940 North Menroe Street Tallahassee, Florida 32309-1007 GERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7460 3901 9849 8226 2207 THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this, day of a, Received by: Inspectors Signature Operator's Signature pp - Title / ; Title Cave Number! 2007047942 — File Number $1256 : District Number: 04 Cinense Numbar: 2302864 2003 Form revised 07.07.07 SUNSET APARTMENTS BEER sDNd aidga QSTBTZeaSS = TPT Baez /Ia/oa Shirl 800¢ 9 Unt Exhibit A License Number: 2302864 License Type: 2003 APARTMENT Gage Number: 2007047942 “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 616, 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 Administrative Codé. “ denotes a critical violation, It is allaged that on May 30, 2007, and August 3, 2007, the ficensee waa 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 raport(s) for the above referenced Inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 1.0202 610-1.004(7) FAG ATTICS, BASEMENTS, BOILER ROOMS, METER ROOMS, LAUNDRY ROOMS, AND STORAGE ROOMS SHALL BE KEPT CLEAN AND FREE OF DEBRIS AND FLAMMABLES. OBSERVED BUILD UP OF LINT IN THE LAUNDRY ROOM. * 9.0401 61C-1.004(5)FAC ALL FIRE SAFETY, PROTECTION AND PREVENTION EQUIPMENT MUST SE INSTALLED, APPROVED, MAINTAINED AND USED IN ACCORDANCE WITH CHAPTER 509, FS AND THE NATIONAL FIRE PROTECTION ASSOCIATION LIFE SAFETY CODE GHAPTER 101, AS ADOPTED BY THE DIVISION OF STATE FIRE MARSHAL IN CHAPTER 4A-3, FAC. OBSERVED A TROUBLED/ALARM LIGHT ILLUMINATED ON THE FIRE ALARM CONTROL PANEL. OBSERVED THE FIRE ALARM PANEL WITH AN EXPIRED INSPECTION TAG. OBSERVED NO INSPECTION REPORT AVAILAGLE FOR THE FIRE ALARM SYSTEM. on ens 61-01,004(10) FAC EXITS SHALL BE CLEARLY MARKED WITH APPROVED ILLUMINATED SIGNS. OBSERVED AN EXIT SIGN IN DISREPAIR. 4.19-08 6203.44 FC BACKFLOW PREVENTION DEVICE, WHEN REQUIRED. A PLUMBING SYSTEM SHALL BE INSTALLED TQ PRECLUDE BACKFLOW OF A SOLID, LIQUID, OR GAS CONTAMINANT TO THE WATER SUPPLY SYSTEM AT EACH POINT OF USE AT THE [PUBLIC LODGING ESTABLISHMENTI, INCLUDING ON A HOSE BI8B IF A HOSE |S ATTACHED OR ON A HOSE BIBB IF A HOSE IS NOT ATTACHED AND BAGKFLOW PREVENTION IS REQUIRED BY LAW, BY: (A) PROVIDING AN AIR GAP AS SPECIFIED UNDER SECTION 5-202.13; OR (B) INSTALLING AN APPROVED BACKFLOW PREVENTION DEVICE AS SPECIFIED UNDER SECTION 5-202. 14. OBSERVED NO BACKFLOW PREVENTER ON A HOSE BIBB. §, 26-01 G10-1.004(1)(=) FAC ALL GARBAGE AND RUBBISH SHALL BE REMOVED FROM THE ESTABLISHMENT PREMISES WITH SUFFIGIENT FREQUENCY TO PREVENT NUISANCE CONDITIONS AND SHALL BE DISPOSED OF IN AGCORDANCE WITH PROVISIONS OF GHAPTER 62-701, FAC HEREIN ADOPTED BY REFERENCE, OBSERVED THE DUMPSTER OVERFLOWING. Gase Number: 2007047942 File Number, 91296 District Number: 04 License Number 2302864 2003 For ravisad 07.07.07 SUNSET APARTMENTS . Ba/Pa FBvd dad 98TbTcbese 92:PT 8882/98/98 tR:FT 800¢ 9 Unc

Docket for Case No: 08-002712