State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. BAY PALMS WATERFRONT RESORT License Number 6204270 Respondent. Case Number 2013050473 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against BAY PALMS WATERFRONT RESORT, (“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 4237 GULF BLVD, ST.PETE BEACH, FLORIDA 33706.The mailing address of record is BAY PALMS WATERFRONT RESORT, at 4506 GULF BLVD, ST. PETERSBURG, FLORIDA 33706. 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, 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 December 16, 2013 ‘ “ Daniel Erdman, 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: | HEREBY CERTIFY that a true and correct copy of the foregoing ADM PLAINT has been hand served by me on this, day of , 2013. Received by: Inspector's Signature ; Operator's Signature Title . Title Case Number: 2013050473 File Number: 15519 District Number: 03 License Number: 6204270 2002 Form revised 01.01.13 BAY PALMS WATERFRONT RESORT Exhibit A License Number: 6204270 License Type: 2002 MOTEL. Case Number: 2013050473 it is alleged that on September 25, 2013, November 26, 2013 Respondent was in violation of Florida Statute 509 (FS); the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC); and/or 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. *™ 4.05-01-4 509.215(6) FS and 61C-1.004(8) FAC High Priority: 509.215(6) 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. 61C-1.004(8) 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. No hearing-impaired smoke detector available. * 2. 23-01-4 61C-3.001(1)(b) FAC — High Priority: Any public lodging establishment which cannot comply with this provision shail post in a conspicuous place in each guest room where dishware, glassware, kitchenware or utensils are provided, a placard or sign, which contains the following statement, or its equivalent: "NOTICE. TO GUESTS: Dishware, glassware, kitchenware and/or utensils have been provided in this room as a guest convenience. These items have been cleaned within this room unit using ordinary household dishwashing facilities and agents. They have not been sanitized according to Federal and State standards for public food service establishments.” (6) Exemptions -- Resort condominiums, nontransient apartments and resort dwellings are exempt from subsection (1) of this rule: Establishments opting to provide any of the services listed in subsection (1) of this rule shall comply with the requirements described herein. Glassware/tableware/utensils not cleaned and sanitized and Notice to Guests regarding cleaning of the wares is not posted in room 216. Case Number. 2013050473 — File Number: 15519 District Number: 03 License Number: 6204270 2002 Form revised 01.01.13 BAY PALMS WATERFRONT RESORT

Docket for Case No: 14-000411