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8504145749 DBPR OGA PAGE 03

State of Florida

Department of Business and Profe,;,sional Regulation Division of Hotels and Restaurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Petitioner,

vs. ,

OAKWIND APARTMENTS

Respond/ ent.

License Number. 9900000

License Type. 2052

Case Number 2010023635

Administrative Complaint

Toe DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND

RESTAURANTS, ("Petitioner"), files this Administrative Complaint against OAKWIND 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 50 E BURGESS ROAD, PENSACOLA, FLORIDA 32503.The mailing address of record is OAKWIND APARTMENTS, at 9841 CRESTMONT CIRCLE, PENSACOLA, FLORIDA 32514.

3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisions ot Chapter 509, Florida Statutes, and I 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, 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 May 11, 2010

By delegation of the Director, or designee Division of Hotels & Restaurants

Department of Business & Professional Regulation'

COUNSEL FOR THE DEPARTMENT;

Marc Drexler, Lead Attorney Florida Bar No.·0487058

Department of Business & Professional Regulation

1940 North Monroe Street Tallahassee, Florida 32399-2202

Certmcate of Service

BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9848 5574 9356

I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been

hand served by me on this     

Inspector's Signature

day of , 2010.

Received by;-=---,--:--=--, ­

Operator's Signature

Title Title

C :!;le Number: 20100238'35 FIie Number: 690

Liccl"l$e Nomber: 9900000 2osi

OAKWIND A AR'IME'.NTS

District Number: 06 Form revl,ed 10.15,0S

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8504145749 DBPR OGA

PAGE 04

Exhibit A

License Number: NO UC

License Type: 2052 NON-LICENSED LODGING

Case Number: 2010023635

"FC" as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, lncorpotated 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 Ptevention, General Provisions", Flotida Administrative Code, and 61C-1.004(5}, Florida Administrative Code.

"" denotes a ctitical violation.

II is alleged that on April 15, 2010, February 5, 2010 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 inspectlon(s) are attached hereto and incorporated by reference as Exhibit B,

1. 38 FS: 509; FAC 61C CURRENT LICENSE, DISPLAYED, AVAILABLE UPON REQUEST

OBSERVED OPERATING WITHOUT A LICENSE FROM DBPR DIVISION OF HOTELS AND RESTAURANTS.

Case N1.unber: 2010Q2:l635 Fil@ Nurnbl:!t'. 890

,.1cem:1e Number: ggooooo 2052

OAKWINO APARTMENTS

Dlstri Number: 06

Form revised 10.15.09

Docket for Case No: 11-002741