” STATE OF FLORIDA i i j i i DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ¢ bu fase | : DIVISION OF HOTELS AND RESTAURANTS 01 HAR 23 PM 2:10 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVE de a vs Petitioner, ADMIHI STRAI IVE, 1649 APARTMENTS License No. 62-13688-H (Expired), HEA ings Respondent. Case No. 3-00-3144 O |- | | | ! ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND, RESTAURANTS, (“Petitioner’), files this Administrative Complaint against 1649 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 an establishment subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's last known business address is 1649 1ST AVE N, ST PETERSBURG, FL 33713. The last known mailing address is SUCCESS ENTERPRISES INC, 2616 BOOKER TRACE LN, VALRICO, FL 33594. , 3. Arreview 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 respectiully 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 the rules promulgated thereto. : Signed July 10, 2000 (25-4 : y Att lea Lan 6 id Grayson Wood, District!Administrator ew 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 4940 North Monroe Street, Tallahassee, Florida 32399-1007 Telephone 850 - 488-3140 / Facsimile 850 - 488-5074 CERTIFICATE QF SERVICE ; BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:_PPS2SeSSES _.| HEREBY CERTIFY that a true and correct copy of the foregoing ORDER has been hand served by me ra a, . - onthis 4 day of _o'e To PER 2000. ovis ff fork hd ez _ Received by: . Inspector's Signature _ . . Opefator’s Signature BBE TOT te ¥ DIKT) Si nee used! C : A & Tite ¥ Title m 32 No: 3-00-314 Reyised 5/10/2000 e.No! 62-13688-H 7 Business Name: 1649 APARTMENTS EA Ny mm te ee @®@ Case No.: 3-00-314 Respondent: 1649 APARTMENTS License No.: 62-13688-H (Expired) EXHIBIT “A” 4. Itis alleged that on April 3, 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 and continues to operate 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 license may not be transferred from one place or individual to another... Licenses shall be renewed annually, .. . 61C-1.002(6) FAC It is the responsibility of the licensee to renew the license prior to the expiration / ~-date. i 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. SF RNa ey FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, fe D DIVISION OF HOTELS AND RESTAURANTS . O1 MAR 23. PH 2: 19 EXPLANATION OF RIGHTS — ny... ADMINIS FR as vip The enclosed Administrative Complaint charges you with violating one or more lbEovieleet E Chapter 509, Florida Statutes, or Rule 61C, Florida Administrative Code. If you have questions ~ regarding your response or best course of action, you may wish to seek competent legal counsel. Failure to make an election, as described below, within the 21 days of your receipt of this Administrative Complaint packet waives your right to a hearing in this matter, and the Depariment may proceed against you by default. : Your receipt of this Administrative Complaint packet constitutes service upon you. Your rights under Florida law (Chapter 120, Florida Statutes) are as follows: 1. You may elect to dispute the violations alleged in the Complaint and request a hearing on the disputed facts before an Administrative Law Judge, which is an administrative trial. You and the Department will be given an opportunity to present evidence and witnesses to prove or disprove the facts alleged and, after the hearing, submit a written proposed recommended order for the Judge's consideration. Based on the evidence and testimony presented and any proposed recommended orders submitted by the parties, the Judge will issue a Recommended Order to the Department containing Findings of Fact, Conclusions of Law, and Recommended Penalty, if any. The parties may submit exceptions to the Recommended Order. Following review of the Recommended Order and exceptions, if any, the Department may issue a Final Order. 2. You may elect to not dispute the violations alleged in the Complaint and request that a hearing be held to present testimony or documents you wish the Department to consider in mitigation of the alleged violations prior to disposition of this case. Any penalty levied will be included in a Final Order. If a dispute of material fact arises, the hearing will be terminated and the case referred for administrative trial as described in paragraph 1 above. : 3. You may seek to resolve this matter through a negotiated settlement with the District Administrator as instructed in'the cover letter accompanying this packet. Upon\final approval by the Department, the settlement will be incorporated into a Final Order resolving the case. Participating in settlement discussions does not preserve your right to a hearing. Failure to make an election within 21 days, as described in paragraphs 1 and 2 above, will waive your right to a hearing. . 4. You may waive hearing in this matter, and the Department will proceed with resolution and possible penalty at its discretion- An Election of Rights form is included with this Administrative Complaint packet. You must respond to the Administrative Complaint by electing one of the options on the Election of Rights form and the Department must receive it within 21 days of your receipt of this Administrative Complaint packet. The Division will then determine whether a dispute of material fact exists, and schedule the appropriate hearing. Notice of the date, time, and place of hearing will be sent to you at the address designated by you on your Election of Rights. . ; Pursuant to Chapter 120.573, Florida Statutes, please be advised that mediation is not available for resolution of this action. : Case No; 3-00-314 Revised 5/10/2000 License No: 62-13633-H . Business Name: 1649 APARTMENTS ar Arte .

Docket for Case No: 01-001141