State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. p License Number 1700094 BENCHMARK APARTMENTS License Type 2003 Respondent. Case Number 2013042701 / : Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against BENCHMARK 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 jurisdictign of the Division of Hotels and Restaurants. The respondent's business address of record is 247 E FANNIN AVE, BLOUNTSTOWN, FLORIDA 32424.The mailing address of record is BENCHMARK APARTMENTS, at PO BOX 370, BRISTOL, FLORIDA 32321. 3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealedi|violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governin 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", incorpqrated herein by reference. penalties: administrative fine not to exceed $1,000 per offense, suspension, revocation, or refusal ofa license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, pr the rules promulgated thereto. WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the sree Signed October 16, 2013 , Ken Hensdill, 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 1940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7196 9008 9111 0766 9093 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2013. Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2013042701 File Number: 49731 District Number: 06 License Number: 1700094 2003 Form revised 01.01.13 BENCHMARK APARTMENTS Exhibit A License Number: 1700094 License Type: 2003 APARTMENT Case Number: 2013042701 Itis alleged that on August 19, 2013, September 27, 2013 Respondent was in violation of Florida Statute 509 (FS); the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC); and/dr specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, as incorporated by Chapter 61C, 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. ** denotes a high priority violation. * denotes an intermediate priority violation. ** 4. 42-32-4 61C-1.004(5) FAC High Priority: All building structural components, attachments and fixtures shall be kept in good repair. ; Observed Balcony railing is loose on upstairs on backs of apartments 1-4. ** 2. 49-08-4 61C-1.004(1)(a) FAC and 5-203.14 FC High Priority: 61C-1.004 The following general requirements and standards shall be met by all public lodging and public food service establishments: (1)(a) Except as specifically provided in these rules, standards for water, plumbing and waste shall be governed by Chapter 5, Food Code, as adopted by reference in rule 61C-1.001, F.A.C. For the purposes of this section, the term “food establishment" as referenced in the Food Code shall apply to all public lodging and publi¢ food service establishments as defined in Chapter 509, FS. 5-203.14 A PLUMBING SYSTEM shall be installed to preclude backflow of a solid, liquid, or gas contaminant into the water supply system at each point ofjuse at the FOOD ESTABLISHMENT, including on a hose bibb if a hose is attached or on a hose bibb if a hose|is not attached and backflow 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/threaded faucet on front of building apartments 1,3 and 3. 26-23-4 5-501.111FC Basic: Storage areas, enclosures, and receptacles for refuse, recyclables, and returnables shall be maintained in good repair. Observed dumpster rusted out on bottom. Case Number: 2013042701 File Number: 49731 District Number: 06 License Number: 1700094 2003 Form revised 01.01.13 BENCHMARK APARTMENTS

Docket for Case No: 13-004681