STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF BUSINESS ) REGULATION, DIVISION OF HOTELS ) AND RESTAURANTS, STATE OF )

FLORIDA, )

)

Petitioner, )

)

vs. ) CASE NO. 79-593

) (23-131H) ALFRED L. MERRITT t/a STEVEN )

HOTEL, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held in the above captioned matter, after due notice, at Miami, Florida, on June 7, 1979, before the undersigned Hearing Officer.

APPEARANCES

For Petitioner: Francis Bayley, Staff Attorney

Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301

For Respondent: Alfred L. Merritt

136 Northeast 9th Street Miami, Florida

ISSUE PRESENTED

Whether Respondent violated Chapter 509, F.S., and Chapter 7C, F.A.C., as stated in Notice to Show Cause, dated January 5, 1979.

Respondent appeared at the hearing without counsel and was advised as to his rights in an administrative proceeding under Chapter 120, Florida Statutes. He elected to represent himself at the hearing.

FINDINGS OF FACT

1. Respondent Alfred L. Merritt owns and operates the Steven Hotel located at 136 Northeast 9th Street, Miami, Florida, under license No. 23-13111 issued by Petitioner. (Testimony of Brown, Merritt)

   
   

2. On December 6, 1978, Roger Brown, an inspector for Petitioner, conducted a routine inspection of Respondent's public lodging establishment and, accompanied by the hotel manager, found apparent violations of Chapter 509, F.S., and Chapter 7C, F.A.C., during the course thereof as follows:

   1. Ceiling leak in third floor hall; ceiling out of bathroom on third floor, west side with rafters exposed; overhead doorframe in apartments 305 and

      309 were loose and insecure; floors in room 307 and mens room, third floor, west side had rotten boards which were termite infested as evidenced by the presence of droppings and wings; baseboard in bathroom by the shower needed replacement; windows on the north side of the second and third floors were broken; plaster in ceiling of ladies room, second floor, needed repair of rotten boards; ceiling and wall in bathroom of east side, second floor, had exposed rafters and pipes and needed repair; storeroom floor on porch of the second floor was rotten and needed repair; wood strips were missing on the floor of first floor hall; toilets on the west side of the first and second floors needed repair; wall on the west side of the first floor had a hole which needed repair; an inoperable dumbwaiter needed to be closed or covered. (Rule 7C-1.03(1)) Reinspection on June 6, 1979, revealed that although some repairs had been effected, ceiling leaks still existed in the third floor hall, the ceiling of the bath of the third floor, west side, was still open, and doorframes in apartments 305 and 309 were still loose.

      
      

   2. Showers on second and third floors had mildew odor and needed cleaning, ceiling and walls in restrooms on the second and third floor were rotten and deteriorated. (Rule 7C-3.01(2)) Reinspection on June 6, 1979, revealed that these conditions had not been cured.

      
      

   3. Restrooms had not been designated by sex for men and women. (Section 509.221(1), F.S.) Reinspection on June 6, 1979, indicated that the restrooms were now so designated.

      
      

   4. Screen on north side of second and third floors needed replacement, as did screens and crawl spaces under building. (Section 509.221(8), F.S. and Rule 7C-1.03(3), F.A.C.) Reinspection on June 6, 1979, showed that the screens had not been replaced, but that the crawl space areas had been properly covered.

      
      

   5. Roach and vermin droppings had been observed in closets, drawers and shelves in the apartments. (Rule 7C-1.03(3)) Reinspection on June 6, 1979, revealed no vermin dropping but continued presence of roaches.

      
      

   6. Trash and debris were present on the exterior premises, including old mattresses and a refrigerator. (Rule 7C-1.03(7)) Reinspection on June 6, 1979, showed the continued presence of the refrigerator and an old tub.

      
      

   7. Lid was not closed on dumpster. (Rule 7C-1.03(5)) Reinspection on June 6, 1979, showed that a lid had been placed on the dumpster.

      
      

   8. Room rates were not properly posted in each room and Form DBR208 concerning room rates had not been filed with Petitioner. (Rule 7C-3.02(1)) On June 6, 1979, although Form 208 had been filed with Petitioner, room rates were still not posted. (Testimony of Brown)

      
      

3. Respondent testified at the hearing that he was endeavoring to bring the building up to proper hotel standards but continuing repairs were necessary and it was not possible to have the premises in an acceptable condition at all time. It was uncontroverted that a three-month sheetrock strike occurred at the time of ceiling and wall repairs which made that material difficult to obtain, but that Respondent had used plywood in certain areas as a substitute. Respondent further contested the allegations that termites existed in the

   building and claimed that rotten flooring was caused by dry-rot. (Testimony of Merritt)

   
   

   CONCLUSIONS OF LAW

   
   

4. Petitioner seeks to suspend or revoke Respondent's public lodging establishment license or to impose a civil penalty for violation of Chapter 509, Florida Statutes, and Chapter 7C, Florida Administrative Code.

   
   

5. The evidence establishes that Respondent violated Section 509.221(1), F.S., by failing to designate restrooms for each sex; Rule 7C-1.103(1), F.A.C., by failing to keep walls, ceilings, floors and windows in good repair; Rule 7C- 3.01(2), for failure to maintain public restrooms in a clean and sanitary condition; Rule 7C-1.03(3) for failure to keep roaches exterminated; Rule 7C- 1.03(7) for failure to keep premises clean and free of debris; Rule 7C-1.03(5) for failure to have covered garbage receptacle; and Rule 7C-3.02 for failing to file Form 208 concerning room rates with the Division of Hotels and Restaurants and posting room rates in each room.

   
   

6. Some of the above violations have been remedied by Respondent, but others have remained extant as set forth in the foregoing findings of fact. It is considered that the violations in question do not warrant suspension or revocation of Respondent's license, but do justify the imposition of a civil fine in the amount of $250, pursuant to Section 509.261, F.S.

RECOMMENDATION

That Petitioner impose a civil fine of $250 against Respondent, pursuant to the authority contained in Section 509.261(2), Florida Statutes.

DONE and ENTERED this 22nd day of June, 1979, in Tallahassee, Florida.

THOMAS C. OLDHAM

Hearing Officer

Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Francis Bayley Staff Attorney

Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32304

Alfred L. Merritt t/a Steven Hotel

136 NE 9th Street Miami, Florida

Docket for Case No: 79-000593

Orders for Case No: 79-000593