Judges: D. R. ALEXANDER
Agency: Department of Business and Professional Regulation
Latest Update: Mar. 31, 1983
Summary: Licensee should be fined $200 for violation of rule.
82-3398.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF BUSINESS ) REGULATION, DIVISION OF HOTELS ) AND RESTAURANTS, )
)
Petitioner, )
)
vs. ) CASE NO. 82-3398
) BILLY M. ARZIE d/b/a ARZIE ) APARTMENTS, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, a formal hearing was held in the above case before the Division of Administrative Hearings by its duly designated Hearing Officer, DONALD R. ALEXANDER, on March 2, 1933, in Jacksonville, Florida.
APPEARANCES
For Petitioner: James N. Watson, Jr., Esquire
725 South Bronough Street Tallahassee, Florida 32301
For Respondent: No appearance
BACKGROUND
By Notice to Show Cause issued on October 21, 1982, Petitioner, Department of Business Regulation, Division of Hotels and Restaurants, has alleged that Respondent, Billy M. Arzie d/b/a Arzie Apartments, was guilty of a repeated violation of Rule 7C-1.04, Florida Administrative Code, for which it seeks to impose a civil penalty.
On the same date Respondent requested a formal hearing to contest the allegations pursuant to Subsection 120.57(1) , Florida Statutes. The matter was referred by petitioner to the Division of Administrative Hearings on December 13, 1982 with a request that a hearing officer be assigned to conduct a formal hearing.
By notice of hearing dated January 31, 1983 the matter was scheduled for a final hearing on March 2, 1983 in Jacksonville, Florida. At the final hearing Petitioner presented the testimony of Lynwood C. Hill, a Division sanitarian inspector, and offered Petitioner's Exhibits 1-5; all were received in evidence. There was no appearance by Respondent.
There is no transcript of hearing in this proceeding. Petitioner waived its right to file proposed findings of fact and conclusions of law.
The issue herein is whether Respondent is guilty of the allegations in the Notice to Show Cause.
Based upon all the evidence the following findings of fact are determined: FINDINGS OF FACT
Respondent, Billy M. Arzie d/b/a Arzie Apartments, is the holder of license number 26-0729 OH issued by Petitioner, Department of Business Regulation, Division of Hotels and Restaurants (Division) . The license authorizes Respondent to operate a public lodging establishment at 710 North Second Avenue, Jacksonville Beach, Florida. The establishment consists of four rental units.
On August 26, 1982, a Division sanitarian inspector visited Respondent's apartments for the purpose of determining whether applicable health and safety regulations were being complied with. He found a fire extinguisher missing in one apartment and expired service tags on two others. A written warning was thereafter mailed to Respondent directing him to correct the foregoing violations no later than September 7, 1982.
A call back reinspection was made by a Division inspector on September 8, 1982. At that time the previously cited deficiencies had not been corrected. A second written warning was accordingly mailed to Respondent.
A third inspection was conducted on October 25, 1982. Again, the inspector found the previously cited deficiencies.
After an informal conference by the parties, Arzie finally corrected the violations at a later undisclosed date. This was confirmed by a final inspection made on November 8, 1982.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction of the subject matter and the parties thereto pursuant to Subsection 120.57(1), Florida Statutes.
Rule 7C-1.04, Florida Administrative Code, requires that all public lodging establishments have a specified number of fire extinguisher, and that a state approved service tag be attached to each. The evidence discloses that Respondent failed to meet these requirements on three consecutive inspections. Accordingly, it is concluded that a violation of the foregoing rule has occurred.
The Division has not suggested a specific civil penalty to be imposed in this proceeding. However, Subsection 509.266(2), Florida Statutes, authorizes the imposition of a fine not to exceed $500 for each offense. In view of the repeated nature of the violations herein, a $200 fine is appropriate.
RECOMMENDATION
Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Respondent be found guilty of violating Rule 7C-1.04 as
set forth in the Notice to Show Cause and that a $200 fine be imposed.
DONE and ENTERED this 11th day of March, 1983, in Tallahassee, Leon County, Florida.
DONALD R. ALEXANDER
Hearing Officer
Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32301
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 11th day of March, 1983.
COPIES FURNISHED:
James N. Watson, Jr., Esquire Department of Business
Regulation
725 South Bronough Street Tallahassee, Florida 32301
Mr. Billy M. Arzie Arzie Apartments
710 North 2nd Avenue
Jacksonville Beach, Florida 32250
Sherman S. Winn, Director
Division of Hotels and Restaurants 725 South Bronough Street Tallahassee, Florida 32301
Gary Rutledge, Secretary Department of Business Regulation The Johns Building
725 South Bronough Street Tallahassee, Florida 32301
Docket for Case No: 82-003398
Orders for Case No: 82-003398
