Chavis, duly designated Hearing Officer, of the Division of Administrative Hearings, on September 30, 1983, in Tampa, Florida.
For Petitioner: William A. Hatch, Esquire
Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301
For Respondent: Mr. E. L. Ippolito
This case concerns the issue of whether Respondent's license No. 39-926H issued by the Division of Hotels and Restaurants should be suspended, revoked, or otherwise disciplined for failure to comply with the provisions of Florida Statute 509.221 and 509.241 and for multiple violations of Chapter 7C of the Florida Administrative Code. At the formal hearing, the Petitioner called as its only witness, Mr. J. B. Bowen. Respondent called as its only witness, Mr. Bernard E. Fernandez. Petitioner offered and had admitted into evidence three exhibits and the Respondent offered no exhibits into evidence. The Respondent submitted proposed findings of fact and conclusions of law for consideration by the Hearing Officer and to the extent that those proposed findings and conclusions are inconsistent with the findings and conclusions in this Order, they were considered by the Hearing Officer and rejected as not being supported by the evidence or as being unnecessary to the resolution of this cause.
Respondent, Real Estate Rentals, Inc., operates a licensed public lodging establishment known as Ippolito Apartments. These apartments are located at 112 S. Brevard, Tampa, Florida.
On July 30, 1982, a routine inspection of the apartment building was made by a representative of the Division of Hotels and Restaurants. On that date, the following deficiencies or violations existed:
There were no ABC type fire extinguishers within 75 feet travel distance of each apartment or inside each apartment. There were no fire extinguishers in the building.
Several jalousie window panes were either broken or missing.
Interior walls of the common areas needed scraping and painting.
There were torn screens which needed repair.
The building had roaches and needed to be sprayed for these and other pests.
The current license was not displayed on the premises.
These deficiencies were listed on a public lodging inspection record (see Petitioner's Exhibit 1) and a copy of this inspection record was provided to the Respondent. The Respondent was instructed by this document to correct the violations or deficiencies prior to the next routine inspection.
The next routine inspection of the premises took place on March 21, 1983. At that time, the deficiencies cited in the July 30, 1982, inspection record had not been corrected. In addition to those deficiencies found on July 30, 1982, the following deficiencies existed on March 21, 1983:
There was not a properly installed hall light outside Unit No. 2.
Unit No. 5 did not have a properly installed and operating refrigerator.
Broken plaster board walls needed repair.
The front exit door did not have properly installed self-closing hardware.
The ceiling, floors and stairs of the interior needed to be swept.
Respondent was provided with a copy of the March 21, 1983, public lodging inspection record (see Petitioner's Exhibit 2) and was given until April 11, 1983, to make the necessary corrections.
The premises were again inspected on April 22, 1983, and the corrections of the deficiencies noted in the two previous inspections had not been made. On June 9, 1983, all corrections except for the required fire extinguishers had been made at the licensed premises.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the subject matter and parties to this action.
Pursuant to Section 509.032, Florida Statutes (1981), the Division of Hotels and Restaurants has the duty to inspect and regulate all public lodging establishments in Florida. Section 509.261, Florida Statutes, empowers the Division to suspend or revoke a license or impose a fine for each violation by licensee of Chapter 509, Florida Statutes, or the rules promulgated thereunder.
Respondent in the instant case is charged with multiple violations of Chapter 509, Florida Statutes, and certain rules promulgated by the Department of Business Regulation pursuant to Chapter 509, Florida Statutes.
Respondent is charged with a violation of Rule 7C-1.03 (1), Florida Administrative Code which provides:
Roofs, walls, ceilings, floors, stairs,
steps, windows, transoms, shelves, fixtures, etc., shall be kept in good repair, clean and
painted where applicable.
Respondent has violated this section by failing to repair holes in walls, failing to scrape and paint interior walls, failing to replace broken or missing window jalousies, and by failing to repair broken screens.
Section 509.241 (4), Florida Statutes, requires that any public lodging license issued by the Division shall be conspicuously displayed in the lobby or office of the licensed establishment. Respondent violated this section by failing to display the license for Ippolito Apartments on the licensed premises.
Respondent is also charged with a violation of Rule 7C-1.04 (1), Florida Administrative Code, which requires that fire extinguishers be placed within 75 feet travel distance of each unit. By failing to provide fire extinguishers for the licensed premises, Respondent has violated this rule.
Rule 7C-1.04 (3), Florida Administrative Code provides Halls, closets and stairways, extrances, (sic)
exits -- Halls, closets and stairways shall be kept free from obstructions and fire hazards. Halls, entrances and stairways must be clean, ventilated and well-lighted day and night and hall and stair runners kept in good condition. Handrails shall be installed on all stairways and guard rails around all porches and steps. Adequate means of exits from dining area and kitchen. All exit doors must swing outward and be equipped with automatic self-closing hardware. Exits shall be clearly marked with approved exit lights.
Respondent has violated this rule by failing to provide a properly installed light in the hall outside Unit No. 2 and by failing to install a properly functioning self-closing device on the front exit door.
Respondent was also charged with a violation of Section 509.221(2), Florida Statutes, which provides:
(2) Each public lodging establishment and each public food service establishment shall be properly plumbed, lighted, heated,
cooled, and ventilated and shall be operated with strict regard to the health, comfort, and safety of the guests. Such proper lighting shall be construed to apply to
both daylight and artificial illumination; such proper plumbing shall be constructed and plumbed according to proper sanitary principles; and such proper ventilation or cooling shall be construed to mean at least one door and one window in each room.
The violations of the various rules cited above also constitute a violation of this section. However, this violation is considered duplicitous of the violations of the specific rules discussed in the paragraphs above. Section
509.221 is one of the statutory sections implemented by those rules.
Counts 4, 7, and 8, charged Respondent with 8 violations of Rules 7C- 1.03(9), 7C-1.04(4), and 7C-1.04(6) Florida Administrative Code, respectively. The evidence failed to establish violations as alleged in those counts.
