YU UW STATE OF FLORIDA ees DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION” Department of Business and Professional Regulation, Division of Hotels and Restaurants, Petitioner, OO-172S ead vs. Case Number: 3-99-175 License Number: 62-02535-H SUZANNE FERRY dibfa BLAKELY RESORTS #2 550 COREY AVENUE ST.PETE BEACH, FL 33706 Respondent. een nnnennmnnnnneneeneeceee na nennaennnnmnnnnnnnnnn / ADMINISTRATIVE COMPLAINT COMES NOW, the Department of Business and Professional Regulation, Division of Hotels and Restaurants (hereinafter referred to as "Division") files this administrative complaint against SUZANNE FERRY (hereinafter referred to as “Respondent"). The Division seeks to impose disciplinary action upon the Respondent and alleges: 1. The Division has jurisdiction over the subject matter of, and the parties to, this proceeding pursuant to Chapter 509, Florida Statutes. 2. At all times relevant to the facts alleged in this administrative complaint, Respondent held a license number: 62-02535-H for the operation of a public lodging - establishment. Respondent's last known address of record is 550 COREY AVENUE, ST.PETE BEACH, FL 33706. 3. Petitioner seeks to revoke; suspend; impose administrative fines; impose a civil penalty; require corrective action, and additional or other penalties as may be provided for by law or rule, or any combination thereof. Rev. 03/18/99 UW YW COUNTS 4. Petitioner realleges and incorporates by reference, as if fully stated herein, the allegations contained in paragraphs 1 through 2, above. 5. The factual allegations and charges are specifically set forth in the attached Exhibit A, incorporated by reference in this administrative complaint as if fully and completely restated herein. Each listed violation is a separate charge. WHEREFORE, the Division of Hotels and Restaurants hereby charges the Respondent with the above counts and notices its intention to seek imposition of an appropriate penalty of revocation; suspension; administrative fines; civil/administrative penalty; corrective action, additional or other penalties as may be provided for by law or rule, or any combination thereof. ision of Hotels and Restaurants SIGNED September 13,1999 Rev. 03/18/99 License NO: 62-02535-H Case NO: 3-99-175 Business Name: BLAKELY RESORTS #2 Nw] oo, rw) MEDIATION Section 120.573 Mediation Disclosure: This is an action that may affect your substantial interests. Mediation of this administrative dispute is not available. However, you may request a hearing on the charges, pursuant to chapter 120, FS, and as further detailed in this notice. AMERICANS WITH DISABILITIES Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodation to participate in this proceeding is asked to advise the agency at least forty-eight (48) hours before the proceeding or hearing by contacting the Office of Compliance, 1940 North Monroe Street, Tallahassee, FL 32399-1012, or telephone number 850/488-9263. If you are hearing or speech impaired, please contact the agency by calling 1 (800) 955-8771 (TDD) CHAPTER 120 Pursuant to Chapter 120, Florida Statutes, you have the right to a hearing, either: 1) a hearing involving disputed issues of material fact before the Division of Administrative Hearings (formal hearing), or 2) a hearing not involving disputed issues of material fact before the Division (informal proceeding). All hearings are conducted in English. If you wish to have either a formal hearing or an informal proceeding, you must ask for it in writing within 21 days following receipt of this Administrative Complaint. You may use the Request for Hearing form that accompanies this complaint. If your request for a formal hearing, an informal proceeding or the settlement stipulation is not received by the Division with a postmark no later than 21 days following receipt of this complaint, your right to a formal hearing or informal proceeding is waived. The Division will then enter a final order of default against you. The final order of default could require you to cease and desist from activities found to be unlawful, suspend or revoke your license or permit, impose civil/administrative penalties and/or require such other relief as may be authorized by law. If the Division does not accept the settlement offer, and it was filed within 21 days of receipt of this complaint, it will be considered a timely request for an administrative hearing. The written request must be filed with the Compliance Administrator, DBPR, 1940 North Monroe Street, Tallahassee, FL 32399-1012. The written request must contain the following information: 1. The name and address of the party making the request. 2. A statement that the party is making a request for either a formal hearing or an informal proceeding. 3. A reference to the Administrative Complaint that the party has received. Rev. 03/18/99 License NO: 62-02535-H Case NO: 3-99-175 Business Name: BLAKELY RESORTS #2 Y an WY 4, A statement setting forth all issues of material fact that are disputed, if any. Specifically, you must identify each material fact in the Administrative Complaint that you dispute and state any factual grounds upon which you base your dispute. If there is a formal hearing, you have the right to appear in your own behalf, be represented by your attorney, bring witnesses and evidence, cross-examine any witnesses produced against you by the state, and have subpoenas and subpoena duces tecum issued on your behalf. If you have requested and are entitled to a formal hearing, you will be notified of the time, place, and date of the hearing. You may file exceptions to a recommended order issued by the administrative law judge. If there is an informal proceeding, you have the right to provide the Division with any written documentation or legal arguments that you wish the Division to consider in mitigation of the charges contained in this Administrative Complaint. You will be entitled to present written or oral evidence in accordance with section 120.57(2), Florida Statutes. In an informal proceeding the facts as alleged in the Administrative Complaint are deemed admitted, and evidence in mitigation of the facts may be presented at the informal proceeding. If there is an informal proceeding, you will be notified as to the time period within which to submit written documentation or legal argument that you wish the Division to consider in mitigation of the charges in this Administrative Complaint. SERVICE: | hereby certify that a true copy of the Administrative complaint has been served this day of ,19 . Personal Service by :or Certified Mail # 473 Abd, IG A - or (Attach receipt if served by mail) Time: Conspicuously posted at the establishment (give location): Rev. 03/18/99 License NO: 62-02535-H Case NO: 3-99-175 Business Name: BLAKELY RESORTS #2 lalso wish to receive the foliowing service (for an extra fee): IW vu ie SENDER: Dept. of Business & Professional Regulation Division of Hotels & Restaurants : a tome Z| 2 S| 3 3 S| mu &| & tls mu OT wh B| xo , al, @ ft ff ger als O18 ° = 1318 lg Sin dy unjay Buisn so} NOA yueuL BLAKELY RESOR™3#2 - ST.PETE BEACH, FL-33706 550 COREY AVENJE 6. SignatOfe: (Addressee or Agent) PS Form 3811, December 1994 3. Article Addressed to: NOllVdOsY3ad ONOW HOVLAd yualdYdVvo TVA SdSN ee teem BER mee Domestic Return Receipt . P 973 e@bhe ede TO: BLAKELY RESORTS#2 550 COREY AVENUE ST.PETE BEACH, FL 33706 Dept. of Business & Prof, Regulati SENDER: Division of Hotels & Restaurants n _ REFERENCE: | icense No. 62-02535H : AIC 3-99-175 PS FORM 3800, | SERVICE SEPTEMBER 1995 Cr a Total Postage and Fees US Postal Service POSTMARK OR DATE Receipt for Certified Mail dit “No Insurance Coverage Provided : Do not use for International Mail \ | \ ! | i I ! | \ A License #:62-02535 Case #: 03-99-175 Page 1 of 1 EXHIBIT A It is alleged that on July 20, 1999 and July 27, 1999 the licensee was in violation of Florida Statute 509 and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code, in the following particulars: 1, 26-24 2. *01-9 5-501.15 FC NFPA 10, 1-6.2 Outside Receptacles. (A) Receptacles and waster handling units for REFUSE, recyclables, and returnables used with materials containing FOOD residue and used outside the ...{[public lodging establishment] shall be designed and constructed to have tight-fitting lids, doors, or covers. (B) Receptacles and waster handling units for REFUSE and recyclables such as an on-site compactor shall be installed so that accumulation of debris and insect and rodent attraction and harborage are minimized and effective cleaning is facilitated around and, if the EQUIPMENT is not installed flush with the base pad, under the unit. OBSERVED PLASTIC/TRASH GARBAGE CANS THAT DID NOT HAVE TIGHT FITTING LIDS . Portable extinguishers shall be maintained in a fully charged and operable condition and kept in their designated places at,all times when they are not being used. OBSERVED PORTABLE FIRE EXTINGUISHER INDICATING - NEED TO BE RECHARGED. Se RESPONDENT'S NAME BUSINESS NAME: LICENSE NUMBER TYPE OF LICENSE: DBPR CASE NUMBER: BOARDIDIVISION: ORDER TYPE: CLOSURE CODE: COUNTY: Y FINAL ORDER NUMBER: DATE FINAL ORDER FILED: FINAL ORDER FACT SHEET SUZANNE FERRY BLAKELY RESORTS #2 62-02535 H PUBLIC LODGING ESTABLISHMENT 3-99-175 HOTELS AND RESTAURANTS REQUEST FOR HEARING PINELLAS ‘ DATE ADMINISTRATIVE COMPLAINT / ACTION FILED: 07/27/99 PENALTY: APPLICABLE STATUTE/RULE: OTHER: *01-09 NFPA 10, 1-6.2 26-24 5-501.15 FC FACT SHEET PREPARED BY: BETTY MILLER ON: 1999-10-11

Docket for Case No: 00-001725