STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION: DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, CA vs. , BAYS END APARTMENTS License No. 68-01073-H (Expired) Respondent. Case No. 7-00-089 ! Ol-COls ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner’), files this Administrative Complaint against BAYS END APARTMENTS, (“Respondent”), and says: 1. Petitioner is the state agency charged with regulating the operation of public lodging establishments and public food service establishments, pursuant to Sec. 20.165 and Chapter 509, Florida Statutes. 2. Respondent is, and has been at all times material hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's last known business address is 9217 MIDNIGHT PASS ROAD, SARASOTA, FL 34242-2914. 3. A check of the records of the Division of Hotels and Restaurants revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing operation of the establishment. The violation(s) found and applicable law are described in Exhibit “A”, attached hereto and incorporated herein by reference. WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the - following penalties: administrative fine not to exceed $1000 per offense; mandatory attendance at Respondent’s expense at an educational program sponsored by the Department's Hospitality Education Program; suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or or the rules promulgated thereto. G- | ase Eo * Signed March 21, 2000 Gary Tillman, District Administrator Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Gail Hoge, Senior Attomey Florida Bar No. 0909289 Department of Business & Professional Regulation 1940 North Monroe Street, Tallahassee, Florida 32399-1007 Telephone 850 - 488-3140 / Facsimile 850 - 488-5074 Revised 2/16/2000 1. : License #: 68-01073-H (Expired) Case #: 7-00-089 Itis alleged that on February 1, 2000, the Respondent failed to renew a license to operate as requ wo by law. After that date, and at all times material to this complaint, Respondent operated and continuo «aN to operate without licensure, in violation of Florida Statute 509(FS), and/or Florida Administrative: we Code(FAC). Based on the foregoing, Respondent violated the following provisions of Chapter 509, Florida Statutes or the rules promulgated thereto: §09.241(1) FS LICENSES; ANNUAL RENEWALS. — Each public Jodging establishment and public food service establishment shall obtain a license from the division. Such license may not be transferred from one place or individual to another... Licenses shall be renewed annually, ... 61C-1.002(6) FAC itis the responsibility of the licensee to renew the license prior to the expiration date. 61C-1.002(6) FAC _...Any public lodging or food service establishment operating on an expired license is deemed to be operating without a license, and subject to the penalties provided for this offense in law and rule. Exhibit A Page 1 of 1

Docket for Case No: 01-000018