T OF BUSINESS AND PROFESSIONAL REGULATION IVISION OF HOTELS AND RESTAURANTS a ae) “STATE OF FLORIDA DEPARTMENT OF Bu: - DEPARTMENT OF BUSINESS ANI PROFESSIONAL REGULATION, “os *~ Betitioner, . vs. . ; ; . ; ; A id} eee eee License No. 23-27780-H “UM. ge ’ WASHINGTON PARK HOUSING Case No, 1-00-317 NEAR ladny f - cus Respondent, ; ee ; . “ NGS ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND: RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against: WASHINGTON PARK HOUSING, 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. Respondentis, 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 421 NW 12 ST, -FLA CITY, FL 33034.The last known mailing address is JOSUE LOPEZ, 2341 NW 15 ST, MIAMI, FL 33125, ~ 3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Stalutes, :evealed 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, ievocation, or Tefusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the tules promulgated thereto. . By delegatio in R. McKinley, Director Division of Hotels & Restaurants oe . , : : Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Gail Hoge, Senior Attorney ’ Florida Bar No. 0909289 —— Department of Business & Professional Regulation 1840 North Monroe Street, Tallahassee, Florida 32399-1 007 Telephone 850 - 488-3140 / Facsimile 850 - 488-5074 BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: ete * Bice nite, at ~ ao Soot | HEREBY CERTIFY that a trué and correct copy of the foregoing ORDER has been hand served by ma “on this _ day of_‘ , 2000. mela ag os Soy Ron aR ant AT Ro et . ung h eee cect isdn sce __ Reéeived by: — Inspector's Signature . Operator's Signature ee ee =: Title ; ; 7 ; ; Title ; .. Case No: 1-00-317 ae Revised 8/17/2000 _ License No: 23-27780-H Business Name: WASHINGTON PARK HOUSING pens eee v= ee Rnb a. ak ha 8.261 61C-1.004(1)(e) FAC * License #: 23-27780-H Case #: 01-00-317 wd 7 ad Exhibit A : “FC” as cited herein references specific provisions of the 1997 Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida a Administrative Code. “NFPA” as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 44-3, “Fire Prevention, General Provisions”, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. It is alleged that on August 22, 2000 and August 30, 2000 the licensee was in violation uf Flonuda Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Adininistrative Cade(FAC), in the following particulars: 4: *01-3 61C-1 .004(9)(a) FAC Fire Extinguisher Installation -- Fire extinguishers shall ba 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 1 0, 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 each level and installed so that the travel distance to any extinguisher shall not : oe excéed 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 3-2.4 and 3-3.1. OBSERVED NO 2A10BC FIRE EXTINGUISHER ON PROPERTY. ; 2. 25-4 61C-3.001(7) FAC / Premises -- The yards, aileys, driveways, sidewalks, and other exterior portions of the licensed premises shall be kept clean, free of debris, free of objectionable odors, and properly drained, maintained and mowed. . . . * OBSERVED PROPERTY NOT MAINTAINED CLEAN AND wo, FREE OF TRASH. All garbage and rubbish shall be removed from the : “establishment premises with sufficient frequency to prevent - Nuisance conditions and shall be disposed of in accordance with _ provisions of Chapter 62-701, FAC, herein adopted by reference. bee OBSERVED INADEQUATE SIZE TRASH CONTAINERS FOR “ee ESTABLISHMENT.” t Exhibit A Page 1 of 4 mere es FLORIDA perarT Wr OF BUSINESS AND PROFESSIONAL REGULATION ~ DIVISION OF HOTELS AND RESTAURANTS fepe EXPLANATION OF RIGHTS 7 #.,, ny, ctoshasnlns sgtaplciaed coe toan vigil aed crs) Cy The enclosed Administrative Complaint charges you with violating one or nfoleipe yi sidtis-of ge - Chapter 509, Florida Statutes, or Rule 61C, Florida Administrative Code. if you have Apesttong cegarding your response or best course of action, you may wish to seek competent legal counsel.” tiny ee 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 Department may proceed against you by default. © : Your receipt of this Administrative Complaint packet constitutes service upon you. Your tights 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 Reconunended 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 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 Department's : Settlement Officer 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 heating in this matter, and the Department will proceed with resolution and possible penalty at its discretion. a A lect of Rights form is included with this Administrative Complaint packet. You must ' fespond 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 addrass desiynaled by you on your, Election of Rights. : : i ‘ Pursuant to Chapter 120.573, Florida Statutes, please be advised that mediation is not available for resolution of this action. ©. CaseNo 100317 . Revised 8/17/2000 License No: 23-27780-H ___ Business Name: WASHINGTON PARK HOUSING is repre Sper mer ene ne =

Docket for Case No: 01-001520