STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF BUSINESS AND )

PROFESSIONAL REGULATION, )

DIVISION OF HOTELS AND )

RESTAURANTS, )

)

Petitioner, )

)

vs. ) Case No. 00-2828

)

I. R. BHULA M. NARAN & A. J. ) PATEL, d/b/a ECONO LODGE ON THE ) BEACH, )

)

Respondents. )

)

RECOMMENDED ORDER

On November 17, 2000, a formal administrative hearing in this case was held by virtue of video technology with the parties in Daytona Beach, Florida, before Don W. Davis, Administrative Law Judge, of the Division of Administrative Hearings located in Tallahassee, Florida.

APPEARANCES

For Respondents: Terry Thompson, Qualified Representative

c/o Econo Lodge on the Beach

295 South Atlantic Avenue Ormond Beach, Florida 32176

For Petitioner: Charles F. Tunnicliff, Esquire

Department of Business and Professional Regulation

1940 North Monroe Street Tallahassee, Florida 32399-1007

STATEMENT OF THE ISSUE

The issue is whether I. R. Bhula M. Naran and A.J. Patel, d/b/a Econo Lodge on the Beach (Respondents) committed allegations set forth in the Administrative Complaint and, if so, what penalties should be imposed?

PRELIMINARY STATEMENT

By Administrative Complaint dated March 15, 2000, the Department of Business and Professional Regulation (Petitioner) notified Respondents that penalties would be sought for failure to clearly mark exits to their facility with approved illuminated exit signs; and failure to replace a missing ceiling leading to the facility's linen storage room.

Respondents disputed material facts of the allegations of Petitioner and the matter was forwarded to the Division of Administrative Hearings for the scheduling and conducting of formal proceedings.

At the final hearing, Petitioner presented the testimony of one witness and four exhibits. Respondents presented testimony of one witness.

A Transcript of the final hearing was filed on December 4, 2000. A Proposed Recommended Order was filed by Petitioner on January 3, 2001, over two weeks late. No proposed recommended order was filed by Respondent. The Proposed

Recommended Order of Petitioner has been reviewed, and, to the extent possible, addressed by this Recommended Order.

FINDINGS OF FACT

1. Petitioner is the state agency charged by state statute with regulation of public lodging establishments.

2. Respondents are responsible and licensed for operation of the Econo Lodge on the Beach, a public lodging establishment or motel, located at 295 South Atlantic Avenue in Ormond Beach, Florida. Respondents' license number is 74- 00945-H.

3. An inspection of Respondents' facility on January 27, 2000, revealed that the licensee was in violation of certain regulations of Petitioner, in that exits to the facility were not clearly marked with approved illuminated exit signs. There were missing exit lights near units 318 and 418. Additionally, exit lights for units 201, 301, 310, 218, 212, 312, and 412 were not illuminated.

4. The inspection also revealed that the hallway ceiling leading to the linen storage room was missing.

5. Both violations had been previously noted on an inspection by Petitioner's personnel in August of 1999. The citations were issued upon observance that no steps had been taken to correct these deficiencies at the time of the January 2000 inspection.

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the parties to and subject matter of this proceeding. Section 120.57(1), Florida Statutes.

7. Petitioner is specifically given the discretion to deny, suspend or revoke Respondents' license for any violation of any of the requirements of the statutes or rules pursuant to

   Section 509.261, Florida Statutes, which section reads in pertinent part as follows:

   509.261 Revocation or suspension of licenses; fines; procedure.

   1. Any public lodging establishment or public food service establishment that has operated or is operating in violation of this chapter or the rules of the division, operating without a license, or operating with a suspended or revoked license may be subject by the division to:

      1. Fines not to exceed $1,000 per offense; (b) Mandatory attendance, at personal expense, at an educational program sponsored by the Hospitality Education Program; and

   (c) The suspension, revocation, or refusal of a license issued pursuant to this chapter.

   
   

8. In the instant case, Respondents' failure to maintain illuminated exit signs is a violation of Petitioner's Rule 61C-1.004(10), Florida Administrative Code, which reads as follows:

   (10) Means of access must permit unobstructed travel at all times and be maintained free of obstructions and fire hazards. Halls, entrances and stairways shall be clean, ventilated and well-lighted day and night. Hall and stair runners shall be kept in good condition. Handrails shall be installed on all stairways and guard rails around all porches and steps. Adequate means of exit shall be provided pursuant to NFPA 101. Exits shall be clearly marked with approved illuminated exit signs.

   
   

9. Respondents' failure to replace the hallway ceiling leading to the linen storage room is a violation of Petitioner's Rule 61C-1.004(6), Florida Administrative Code, which reads as follows:

   (6) All building structural components, attachments and fixtures shall be kept in good repair, clean and free of obstructions.

   
   

10. In accordance with the facts recounted above and the authority provided to Petitioner by Section 509.261(1)(a), Florida Statutes, Petitioner is justified in assessing Respondents a fine of $750 for improper exit signs and a fine of $750 for failure to provide needed repair to the ceiling leading to the laundry room of Respondents' facility.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is

RECOMMENDED:

That a final order be entered by Petitioner assessing Respondents' license a total fine of $1,500.

DONE AND ENTERED this 9th day of January, 2001, in Tallahassee, Leon County, Florida.

___________________________________ DON W. DAVIS

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 9th day of January, 2001.

COPIES FURNISHED:

Terry Thompson, Qualified Representative c/o Econo Lodge on the Beach

295 South Atlantic Avenue Ormond Beach, Florida 32176

Charles F. Tunnicliff, Esquire Department of Business and

Professional Regulation 1940 North Monroe Street

Tallahassee, Florida 32399-1007

Susan R. McKinley, Director Division of Hotels and Restaurants Department of Business and

Professional Regulation 1940 North Monroe Street

Tallahassee, Florida 32399-0792

Barbara D. Auger, General Counsel Department of Business and

Professional Regulation 1940 North Monroe Street

Tallahassee, Florida 32399-0792

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this case.

Docket for Case No: 00-002828

Orders for Case No: 00-002828