A ; STATE OF FLORIDA ™ POE pe DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION., = DIVISION OF HOTELS AND RESTAURANTS OLMAY 10. PH i2: 44 ose Tore " DEPARTMENT OF BUSINESS AND 23) es es Se PROFESSIONAL REGULATION, Petitioner, t iE vs. ; HEARINES . . License No. 23-01290-H ESTHER APTS. | Case No. 1-00-40 O |- IX. Respondent. a : / : . __The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF - HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against: ESTHER APTS., (‘Respondent’), and says:... eBon Ea 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, -~ “ee oes 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 233 SW 11 AVE, MIAMI, FL. 33130. 2.02.8 8 en 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. ; : ee : : Signed March 29, 2000 + SD. ve ee Shannie Kallas, District Administrator. . Division of Hotels & Restaurants . Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: i : 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 Revised 3/23/2000 a) oh iGense # 23-01 290-H ‘case # Fod-40 a? : ’ tne . : oo ‘lt is alleged that on December 2, 1999, December 27, 1999 and Janubly ty bBo, FitelfednSee 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: ~ - og tll SION OF 1. *04-3 2. *06-4 3. 13-1 4, *24-2 4A-48.006(1) FAC 61C-1.004(10) FAC 61C-1.004(6) FAC 61C-1.004(3) FAC AUN EEISTRATIVE Specifications for Fire Alarm Tags." ARIHES ~ (1) A standard Fire Alarm tag meeting the requirements of this rule shall be securely affixed to the fire alarm control panel of .. each fire alarm system which is installed, and each time such . system is serviced, tested, repaired, inspected, or improved by any persons. . . . OBSERVED FIRE ALARM PANEL AND YELLOW TROUBLE > LIGHT UIT, . . Exits shall be clearly marked with approved illuminated exit signs. oo OBSERVED EXIT SIGNS ON SECOND FLOOR NOT _ ILLUMINATED. All building structural components, attachments and fixtures shall be kept in good repair, clean and free of obstructions. OBSERVED BROKEN WINDOWS IN BUILDING REAR BY THE FIRE ALARM PANEL... Effective control measures shall be taken to protect against the _ entrance into the establishment, and the breeding or presence on the premises of rodents, flies, roaches _and other vermin. All buildings shail be effectively rodent-proofed, free of rodents and maintained in a rodent-proof and rodent-free condition. All windows used for ventilation must be screened, except when effective means of vermin control are used. Screening material shall not be less than 16 mesh to the inch or equivalent tight- _ fitting and free of breaks... a re OBSERVED WINDOW SCREEN MISSING IN APARTMENT. #6. EXHIBIT A PAGE 10F 1 wil. FLORIDA” “PARTMENT OF BUSINESS AND PRC -SSIONAL REGULATION, os . ; : DIVISION OF HOTELS AND RESTAURANTS fod fo pores: | Le Py , EXPLANATION OF RIGHTS , nl iete The enclosed Administrative Complaint charges you with violating one or moré Brgy Sie 4 Chapter 509, Florida Statutes, or Rule 61C, Florida Administrative Code. If you have gq Administrative Complaint packet waives your right to a hearing in this matter, and the Department ~~” may proceed against you by default. ~ - . ; TLS nn oo : Your receipt of this Administrative Complaint packet constitutes service upon you. Your rights °°. under Florida law (Chapter 120, Florida Statutes) are as follows: ae REN 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. . : : us oo : : 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. . . teferred for administrative trial as described in paragraph 1 above. wo bag S 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. a “ : 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. Revised 3/23/2000

Docket for Case No: 01-001826