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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs SCHINDLER ELEVATOR CORP. - TAMPA, 14-003597 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-003597 Visitors: 10
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: SCHINDLER ELEVATOR CORP. - TAMPA
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Business and Professional Regulation
Locations: Tampa, Florida
Filed: Aug. 04, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, September 15, 2014.

Latest Update: Jul. 07, 2024
State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants Bureau of Elevator Safety DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. SCHINDLER ELEVATOR CORP - TAMPA Certificate Number 64 Respondent. License Type 2102 / Case Number 2014019703 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, BUREAU OF ELEVATOR SAFETY __ , (‘Petitioner’), files this Administrative Gomplaint against SCHINDLER ELEVATOR CORP - TAMPA, (‘Respondent’), and says: 4. Petitioner is the state agency charged with regulating the operation, installation, maintenance, and inspection of elevators, pursuant to Section 20.165 and Chapter 399, Florida Statutes. 2. Respondent is, and has been at all times material hereto, subject to the jurisdiction of the Bureau of Elevator Safety, Division of Hotels and Restaurants. The respondent's business address of record is 5833 BARRY RD, TAMPA, FL 33634, The mailing address of record is SCHINDLER ELEVATOR CORP - TAMPA at P O BOX 1935, MORRISTOWN, NJ 07962. 3. Investigation revealed violations of the provisions of Chapter 399, Florida Statutes, and / or the rules promulgated thereto governing the operation, installation, maintenance, and inspection of elevators. The violation(s) found and applicable faw are described in Exhibit "A", attached hereto and incorporated by reference. Supporting documents are attached as Exhibit “B” and Exhibit “C”, incorporated herein by erence. WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties: administrative fire not to exceed $1,000 per offense; suspension, revocation, and/or any other retief authorized by Chapter 399, Florida Statutes, or the rules promulgated thereto. Signed May 16, 2014 (pe Mark J. Boutin, Gureau Chief 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 BED FAR WHS LENO S3zb Certificate Of Service F BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: ne THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2014, Received by: Division Employee's Signature Operator's Signature Title Tithe Case Number: 2014018703 License Type: 2102. Certificate Number: 54 SCHINDLER ELEVATOR CORP ~ TAMPA Form revised 02.24.09 Exhibit A Certificate Number: 54. License Type: 2102 Case Number: 2014019703 itis alleged that on May 8, 2014, the Respondent was in violation of Florida Statute 399 (FS) and/or the Rules of the Division of Hotels and Restaurants, Bureau of Elevator Safety, Florida Administrative Code (FAC), in the following particulars: . 4. 399.03(4) FS A conveyance cavered by this chapter may not be erected, constructed, installed, or altered within buildings or structures until a permit has been obtained from the department. A copy of the permit and plans must be kept at the construction site at all times the work js in progress. On May 8, 2044, State Elevator Inspector Glenn Whitaker visited elevator license number 43630 located at Adamo Distribution Center #2, 4410 &. Adamo Dr., Tampa, FL 33605, During the visit Inspector Whitaker observed that wheelchair lift bearing license number 43630 had been replaced. After a search of DBPR records it was found that a permit to alter was not issued for this work. Exhibit B Inspection document(s) are attached as Exhibit "B", and incorporated herein by reference. Exhibit C Certificate of non-licensure is attached as Exhibit "C’, and incorporated herein by reference. Case Number: 2014019703 License Type: 2102 Cartificate Number. 54 SCHINDLER ELEVATOR CORP - TAMPA Form revised 02.24.09

Docket for Case No: 14-003597
Issue Date Proceedings
Sep. 15, 2014 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Sep. 15, 2014 Notice of Cancellation of Deposition (of Glen Whitaker) filed.
Sep. 12, 2014 Joint Notice of Voluntary Dismissal filed.
Sep. 09, 2014 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for October 15, 2014; 9:30 a.m.; Tampa, FL).
Sep. 04, 2014 Petitioner's Motion for Continuance filed.
Aug. 29, 2014 (Respondent's) Notice of Taking Deposition (of Glen Walker) filed.
Aug. 11, 2014 Order of Pre-hearing Instructions.
Aug. 11, 2014 Notice of Hearing by Video Teleconference (hearing set for September 24, 2014; 9:30 a.m.; Tampa and Tallahassee, FL).
Aug. 07, 2014 (Petitioner's) Response to Initial Order filed.
Aug. 04, 2014 Initial Order.
Aug. 04, 2014 Request for Formal Hearing and Defenses filed.
Aug. 04, 2014 Election of Rights filed.
Aug. 04, 2014 Administrative Complaint filed.
Aug. 04, 2014 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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