| | STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 4 DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, lant ~~ Petitioner, vs. ; : oo. 7 : : License No. 23-06271-H _ MENDEZ APTs. Case No. 1-00-285 ; Respondent. oe ee os es ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against: MENDEZ APTS., (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 2315 OKEECHOBEE RD, HIALEAH, FL 33010.The last known mailing address is ORLANDO MENDEZ, 1822 SW 99 PL, MIAMI, FL 33165. . 3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, 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 the rules promulgated thereto. Signed August 15, 2000 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:. oe eee oe | HEREBY CERTIFY that a true and correct copy of the foregoing ORDER has been hand served by me on this __* day o , 2000. ae Received by: Inspector's Signature Operator's Signature : Title Title , Case No: 1-00-285 | Revised 8/4/2000 License No: 23-06271-H Business Name: MENDEZ APTS, Or mee License #: 23-06271-H Case #: 01-00-285 ; It is alleged that on July 10, 2000 and July 18, 2000, the licensee was in violation of Florida Statute 509 and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code, in the following particulars: 1. *04-1 61C-1.004(5) FAC All fire safety, protection and prevention equipment must be wt = .s¥...-...;installed, approved, maintained and used in accordance with Chapter 509, FS, and the National Fire Protection Association Life Safety Code Chapter 101, as adopted by the Division of “ State Fire Marshal in Chapter 44-3, FAC. (a) OBSERVED FIRE ALARM SYSTEM WITH SERVICE TAG MISSING. : (b) OBSERVED FIRE ALARM TROUBLE LIGHT ON. 2. *12-6 61C-3.001(11)(a) FAC As provided in section 509.2112, FS, every public lodging . establishment which is 3 or more stories in height, or which has a vertical distance of 17 feet or more from the lowest grade level to any balcony must submit to the division a certificate stating that any and all balconies, stairways, and railways have been inspected by a person who, through education and experience, is competent to inspect multi-story buildings and found by such person to be safe, secure, and free of defects. The term "balcony" is defined as a landing or porch that is accessible to or used by the public and shall include those portions of a building which are unenclosed, except by a railing, guardrail system, balustrade, or parapet. It shall also include those portions of a building which are enclosed by screening, or other non- permanent building material. so 61C-3,001(11)(b) FAC tis the responsibility of the operator to verify the facts and END ae a ae credentials establishing the competency of the multi-story : balcony inspector. Such verification shall be clearly staied on the - applicable form. : 61C-3.001(11)(c) FAC Certification of inspection shall be submitted on BPR form 22- ee “2 030, CERTIFICATE OF BALCONY INSPECTION, incorporated : .. _ herein by reference and effective 9-25-96. Copies of this form |. May be obtained from any division office. “OBSERVED NO BALCONY CERTIFICATION. toa _ Page 1 of 2 rrr ime Keren Tr ge reper a 3. 13-1 61C-1.004(6) FAC License #: 23-06271-H Case #: 01-00-285 _ Al building structural components, attachments and fixtures shall be kept in good repair, clean and free of obstructions. OBSERVED CRACKED WINDOW GLASS INSIDE _ APARTMENT #204, Exhibit A Page 2 of 2 under Florida law (Chapter 120, Florida Stat _ hearing. Notice of the date, you on your Election of Rights. “available for resolution of this action. : Cy RS OS oy da Mag ots FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGU, ATION: é. Be ip) ae ; fg "App a ee . 23 by OF RIGHTS agiiis,.. 09 .. -. The enclosed Administrative Complaint charges you with violating one or more provisions oti : ‘Chapter 509, Florida Statutes, or Rule 61C, Florida Administrative Code. If you have questions’ garding 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 Department may proceed against you by default. : Your receipt of this Administrative Complaint packet constitutes service upon you. Your rights utes) 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 " réview 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 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 hearing in this matter, and the Department will proceed with resolution and possible penalty at its discretion : tights form is included with this Administrative Complaint packet. You must spond 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 date, time, and place of hearing will be sent to you at the address designated by “p ‘SU 20.573, orida Statutes, please be advised that mediation is not CaseNo:1-00-285 Revised 8/4/2000 License No: 23-06271-H ; Business Name: MENDEZ APTS, Serres monet ICMR ERE Bene eee er meee

Docket for Case No: 01-001523