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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs SUNSHINE APARTMENTS OF TALLAHASSEE, INC., D/B/A SUNSHINE APARTMENTS, 01-000436 (2001)

Court: Division of Administrative Hearings, Florida Number: 01-000436 Visitors: 7
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: SUNSHINE APARTMENTS OF TALLAHASSEE, INC., D/B/A SUNSHINE APARTMENTS
Judges: P. MICHAEL RUFF
Agency: Department of Business and Professional Regulation
Locations: Tallahassee, Florida
Filed: Jan. 30, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, April 30, 2001.

Latest Update: Dec. 24, 2024
> « . . o STATE OF FLORIDA Ly Le DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, » y, O D Department of Business and Professional Regulation, Lhe, 4), $e | Division of Hotels and Restaurants, Wy Bn Oe ¢ NAN Os “bee Petitioner, vs. Case Number: 6-99-81 O | “CUB License Number: 47-02437-H SUNSHINE APTS OF TALL INC d/b/a SUNSHINE APARTMENTS 1200 STEARNS STREET TALLAHASSEE, FL 32310 ; Respondent. 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 SUNSHINE APTS OF TALL INC (hereinafter referred to as Respondent"). The Division seeks to impose disciptinary 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: 47-02437-H for the operation of a public lodging establishment. Respondent's last known address of record is 1200 STEARNS STREET, TALLAHASSEE; FL 32310. | ~e | 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 Rev. 03/18/99 » for by law or rule, or any combination thereof. Rev. 03/18/99 | & @ 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. : C OAS ») Ww Loins> ; District Administrator , Division of Hotels and Restaurants SIGNED September 03, 1999 : Rev. 03/18/99 License NO: 47-02437-H Case NO: 6-99-81 ; Business Name: SUNSHINE APARTMENTS | CASE NO: ‘06-99-08 OR o EN } Nos#7-0243 As &p 0,” |LICENSE NO:47-02437H.. . iy ; ett oe “4 1 It is alleged that on ‘03/09/99 and 04/19/99, the licensee was in violation of Lone: %% y) 509 §), and/or 1997, Food Code(FC), and/or Florida Administrative Code , ngier ‘National Fire Protection Association(NFPA) Life Safety Code, in the following pattigitage: 01, *01-10 NFPA 10, 4-4.1 : Fire extinguishers shall be subjected to maintenance not more than one year apart... VIOLATION: Fire extinguisher in units A-4 and B-3 last tagged 2/97. 02. *01-3 61C-1,004(9)(a) FAC Fire Extinguisher Installation -- Fire extinguishers shall be installed in accordance with © : : NFPA 10, Standard for Portable Fire Extinguishers. : NFPA 10, 1-5.1 ; {Low] hazard ... locations ... include .,.guest room areas of hotels/motels, etc. | - NFPA 10, 3-5 {These locations shall be protected by the installation of potable fire extinguishers with a | minimum rating of] 2-A:10-B:C provided for each 3000 square feet of floor space on . : cach level and installed so that the travel distance to any extinguisher shall not exceed 75 feet. _- . - NFPA 10, 3-1.4 On each floor level, the area protected and the travel distances shall be based of fire extinguishers installed in accordance with Tables 3~ and 3-3,1 VIOLATION: No fire extinguisher available in laundry room. 03, *06-2 61C-1.004(10) FAC Means of access must permit unobstructed travel at all times and be maintained free of obstructions . . . VIOLATION: Chairs and tables by Apt. 4 obstructing walkway to staircase. . o® o® 4. A statement setting forth all issues of material fact that 4e pp. lef Specifically, you must identify each material fact in the Administrative coh hog: th dispute and state any factual grounds upon which you base your disp ry 4p, TWH 0, "bg If there is a formal hearing, you have the right to appear in your own pennies _ ented by your attorney, bring witnesses and evidence, cross-examine any witness¢ prdéduced 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 fi file exceptions toa 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_ ~~ dayof_¢ex _,19_77. Personal Service by : ; Or Certified Mail#_ 2 530 979 S75 ;or (Attach receipt if served by mail) Received By/Served on : Title: Time: -or Rev. 03/18/99 09 Cnn Celeyedn 2(a32 : License NO: 47-02437-H G tiga tt#tre- -) 4 2 off: Case NO: 6-99-81 ya~ v Business Name: SUNSHINE APARTMENTS

Docket for Case No: 01-000436
Issue Date Proceedings
Aug. 31, 2001 Stipulation and Consent Order filed.
Aug. 17, 2001 Stipulation and Consent Order filed by Petitioner.
Apr. 30, 2001 Order Closing File issued. CASE CLOSED.
Apr. 05, 2001 CASE STATUS: Hearing Held; see case file for applicable time frames.
Apr. 04, 2001 Consent to Appearance by Student Intern (filed by Petitioner, DPR via facsimile).
Mar. 09, 2001 Amended Notice of Hearing issued. (hearing set for April 5, 2001; 10:00 a.m.; Tallahassee, FL, amended as to Style ).
Mar. 08, 2001 Order of Consolidation issued. (consolidated cases are: 01-000436, 01-000602)
Feb. 27, 2001 Motion for Consolidation with 01-602 (filed via facsimile).
Feb. 23, 2001 Notice of Hearing issued (hearing set for April 5, 2001; 10:00 a.m.; Tallahassee, FL).
Jan. 31, 2001 Initial Order issued.
Jan. 30, 2001 Administrative Complaint filed.
Jan. 30, 2001 Agency referral requesting hearing filed.
Source:  Florida - Division of Administrative Hearings

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