State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants , DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. License Number. 4502629 BEST WESTERN Hore f License Type 2001 espondent. Case Number 2010058936 ! Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against BEST WESTERN HOTEL, ("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 1380 E BURLEIGH BLVD, TAVARES, FLORIDA 32778.The mailing address of record is BEST WESTERN HOTEL, at 1380 E BURLEIGH BLVD, TAVARES, FLORIDA 32778, 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 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, suspensio) revocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief authorized" pyer 509, Florida Statutes, or the rules promulgated thereto. ' Signed November 30, 2018 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 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 , 2010, Received by: Inspector's Signature Operator's Signature Title ; Title : Case Number: 2010058936 — File Number: 6236 District Number: 04 License Number: 4502629 2001 Form revised 10.04.10 BEST WESTERN HOTEL Filed December 8, 2011 3:23 PM Division of Administrative Hearings Exhibit A License Number: 4502629 License Type: 2001 HOTEL Case Number: 2010058936 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 August 19, 2010, November 9, 2010 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Gode (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. * 1,05-01 509.215(6)FAC - SPECIALIZED SMOKE DETECTORS FOR THE DEAF AND HEARING- IMPAIRED SHALL BE MADE AVAILABLE UPON REQUEST BY GUESTS IN PUBLIC LODGING ESTABLISHMENTS AT A RATE OF AT LEAST ONE SUCH SMOKE DETECTOR PER 50 DWELLING UNITS OR PORTION THEREOF, NOT TO EXCEED FIVE SUCH SMOKE DETECTORS PER PUBLIC LODGING FACILITY. AND 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, A) THE FRONT DESK CLERK WAS NOT AWARE OF THE LOCATION OF THE HEARING IMPAIRED SMOKE DETECTOR. B) THERE WERE NO HEARING IMPAIRED SMOKE DETECTORS AVAILABLE. * 212-06 61C-3.001(11)(AJFAC AS PROVIDED IN SECTION 509.2112, FS, EVERY PUBLIC LODGING ESTABLISHMENT WHICH IS 3 OR MORE STORIES IN HEIGHT, OR WHIGH 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: 2010058936 License Type: 2004 License Number: 4502629 File Number: 6236 BEST WESTERN HOTEL

Docket for Case No: 11-006230