State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. License Number. 4500014 SUMMER BAY RESORT CONDO ASN IN License Type 2006 Respondent Case Number 2010049334 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against SUMMER BAY RESORT CONDO ASN IN, (“Respondent”), and says: --4, Petitioner-is-the-state-agenoy-charged-with regulating the-operation-of-public lodging-establishments-and public food-service-establishments, pursuant to-Section-20-465-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 17805 US HWY 192, CLERMONT, FLORIDA 34711.The mailing address of record is SUMMER BAY RESORT CONDO ASN IN, at 25 TOWN CENTER BLVD, CLERMONT, FLORIDA 34711, 3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provistons 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 Exhiblt “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 August 30, 2010 Valerie Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Marc Drexter, Lead Attorney Florida Bar No. 0487058 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: oe | HEREBY 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 Case Number: 2010043334 File Number: 7361 District Number: 04 . license Number: 4500014 2006 Form revised 10.15.09 SUMMER BAY RESORT CONDO ASN IN Filed August 31, 2011 9:12 AM Division of Administrative Hearings Exhibit A License Number: 4500014 License Type: 2006 RESORT CONDOMINIUM Case Number: 2010043334 FC as clted 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. Itis alleged that on June 4, 2010, August 9, 2010 the licensee was in violation of Florida Statute S09(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 byreferenceas ExhibtB, “ 4,12-06 61C-3.001(11)(A)FAC AS PROVIDED IN SECTION 509.2112, FS, EVERY PUBLIC LODGING ESTABLISHMENT WHICH IS 3 OR MORE STORIES IN HEIGHT, OR WHICH HAS A VERTICAL DISTANCE OF 17 FEET OR MORE FROM THE LOWEST GRADE LEVEL TO ANY BALCONY MUST SUBMIT TO THE DIVISION A CERTIFICATE STATING THAT ANY AND ALL BALCONIES, STAIRWAYS, AND RAILWAYS HAVE BEEN INSPECTED BY A PERSON WHO, THROUGH EDUCATION AND EXPERIENCE, IS COMPETENT TO INSPECT MULTI-STORY BUILDINGS AND FOUND BY SUCH PERSON TO BE SAFE, SECURE, AND FREE OF DEFECTS. THE TERM ""BALCONY™ IS DEFINED AS A LANDING OR PORCH THAT IS ACCESSIBLE TO OR USED BY THE PUBLIC AND SHALL INCLUDE THOSE PORTIONS OF A BUILDING WHICH ARE UNENCLOSED, EXCEPT BY A RAILING, GUARDRAIL SYSTEM, BALUSTRADE, OR PARAPET. IT SHALL ALSO INCLUDE THOSE PORTIONS OF A BUILDING WHICH ARE ENCLOSED BY SCREENING, OR OTHER NON-PERMANENT BUILDING MATERIAL. THERE WAS NO BALCONY CERTIFICATE AVAILABLE. * denotes critical violation District: 04 Case Number: 2010043334 License Type: 2006 License Number: 4500014 File Number: 7361 SUMMER BAY RESORT CONDO ASN IN

Docket for Case No: 11-004415