Inspection of this establishment conducte<I 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.
J!_
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 June 08, 10
. :::::::':::::-,
Joe Perez, District Manager
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 =,...===-==mR!;:;;;:;;T.:7'
1940 North Monr e Street
Tallahassee, Flonda32399-2202 7160 3'I0 L "le.46 67 0'1 991!2
Certificate of Service r·\l%, 7{l. %J
BY C/!!RTIFIED U.S. MAIL, ARTICLE NUMBE:R: ,;';pq v-:w
IHEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of ,2010.
Received by: .,....,,,...---,
Inspector's Signature
Operator's Signature
Title Title
C••• Numbor: 2010028491 Fm; Number: 697
Licen1:e Number; 9900000 2052
APARTMENT @ 8432, B4J4 CAMD N ijT
Olstrlot Nvmbor; OJ
Form revised 10.15.09
05/22/2011 11:45 8504145749 DBPR OGA PAGE 04
Exhibit A
License Number: NO UC
License Type: 2052 NON-LICENSED LODGING
Case Number: 2010028491
"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 February 18, 2010, April 30, 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 inspection(s) are attached hereto and incorpor:;,ted by reference B$ l":xhibit B,
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 INS. 718.103, WHICH DOES NOT OWN ANY UNITS CLASSIFIED AS RESORT CONDOMINIUMS UNDER S. 509.242(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.
