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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, 01-000602 (2001)

Court: Division of Administrative Hearings, Florida Number: 01-000602 Visitors: 6
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: Feb. 12, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, April 30, 2001.

Latest Update: Dec. 26, 2024
STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. SUNSHINE ‘APARTMENTS License No. 47-02437-H (Expired) Respondent. Case No. 6-00-184 Q [- CO On ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against SUNSHINE APARTMENTS, (‘Respondent’), and says: 4. 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 an establishment subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's last known business address is 1200 STEARNS STREET, TALLAHASSEE, FL 32310. The last known mailing address is SUNSHINE APTS, 111 SMITH STREET, TALLAHASSEE, FL 32301. 3. A review of the licensure records of the Division of Hotels and Restaurants reveals that the licensure for this establishment has expired; however, the establishment has continued to operate, in violation of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto. The violation(s) 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 educatiorial 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 the rules promulgated thereto. Signed October 25, 2000 fe Peter Newman, District Administrator By delegation of Susan R. McKinley, Director Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: . Gail Hoge, Senior Attorney 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 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: _Z 239 619 097 | HEREBY CERTIFY thata true and correct copy of the foregoing ORDER has been hand served by me on this day of, : , 2000. . Received by: Inspector's Signature : Operator's Signature Title Title Case No: 6-90-184 Revised 10/01/2000 wee Rucinace Name: SI INSHINF APARTMENTS eo | Sd Case No,: 6-00-184 Respondent: SUNSHINE APARTMENTS License No.: 47-02437-H (Expired) EXHIBIT “A” 1. Itis alleged that on August 1, 2000, the Respondent failed to renew a license to operate as required by law. After that date, and at all times material to this complaint, Respondent establishment operated ' without licensure, in violation of Florida Statute 509(FS), and/or Florida Administrative Code(FAC). 2. Based on the foregoing, Respondent violated the following provisions of Chapter 509, Florida Statutes, or the rules promulgated thereto: 509.241(1) FS LICENSES; ANNUAL RENEWALS. - Each public lodging establishment and | public food service establishment shall obtain a license from.the division. Such . j license may not be transferred from one place or individual to another . . . i 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. eo ® 4 Z 239 619 097 kn og 37 & Se US Postal Service 47 A 7 ls “hey Dy, “fo * re, Receipt for Certified Mail Uys Oly No Insurance Coverage Provided. os, % Okey A Do not use for Internationa! Mail (See reverse) ; Ber fe a "2 Ch hig het ¢ 4OGS " Fey Se Sigg Numpg Ly Shee le TEI FT 3230 rom | mm | i re J a = Retum Receipt Showing to Whom & Date Delivered Retum Receipt Showing to Whom, Date, & Addressee's Address TOTAL Postage & Fees Postmark or Date PS Form 3800, April 1995 SENDER: COMPLETE THIS SECTION # Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. @ Print your name and address on the reverse so that we can return the card to you. ™@ Attach this card to the back of the mailpiece, or on the front if space permits. 1, Article Addressed to: 47 - ada Sunshine Apts. Hl Smith Street Allah e Fl . Ta |lahasse 39.301 A. Received by (Please Print Clearly) | B. Date of Delivery C. Signature O Agent x O Addressee D. Is delivery address different from item 1? (1 Yes lf YES, enter delivery address below: 0 No 3. Service Type Certified Mail [©] Express Mail O Registered Return Receipt for Merchandise C1 Insured Mail = C.0.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number (Copy from service label) PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1789 CERTIFICATE OF SERVICE Case No: 6-00-184 Revised 10/01/2000 License No: 47-02437-H Business Name: SUNSHINE APARTMENTS |

Docket for Case No: 01-000602
Issue Date Proceedings
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 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 01-436 (filed via facsimile).
Feb. 27, 2001 Order of Pre-hearing Instructions issued.
Feb. 27, 2001 Notice of Hearing issued (hearing set for April 18, 2001; 9:30 a.m.; Tallahassee, FL).
Feb. 26, 2001 Petitioner`s Response to Initial Order (filed via facsimile).
Feb. 13, 2001 Initial Order issued.
Feb. 12, 2001 Administrative Complaint filed.
Feb. 12, 2001 Agency referral and Request for Evidentiary Hearing filed.
Source:  Florida - Division of Administrative Hearings

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