STATE OF FLORIDA oj ig DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION?» p> DIVISION OF HOTELS AND RESTAURANTS, 4//), 7 Thy “ Oh is *. , DEPARTMENT OF BUSINESS AND Ne; PROFESSIONAL REGULATION, Petitioner, vs. , License No. 60-01203-H VILLAGE CLUB APTS. Case No. 2-00-183 Respondent. Ol-20LH l ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against: VILLAGE CLUB 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 555 KIRK RD., PALM SPRINGS, FL 33461-1047. 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 April 28, 2000 OL, 4 hv . . A Cfirih fk, 7 Miphac! Po bpwusta Cheryl Biesky, prewiee Administrator 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 License #: 60-01203-H Case #: 02-00-183 It is alleged that on March 3, 2000 and’March 27, 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. *02-1 61C-1,004(5) FAC 2. *06-10 : NFPA 101, 19-2.9 3. *42-5 509.2112 FS * CRITICAL VIOLATION All fire safety, protection and prevention equipment must be 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 OBSERVED TRASH CHUTE DOOR DOES NOT SELF CLOSE IN ALL BUILDINGS. . Emergency Lighting: Each non-transient public lodging establishment building with more than 12 living units shall be protected by the installation of emergency lighting on alll floors of buildings with interior egress and on all floors above the first floor of buildings with exterior egress. OBSERVED EMERGENCY LIGHTING NOT ILLUMINATED ON SECOND FLOOR AT BUILDING D. Public lodging establishments three stories or more in height; inspection rules.--The Division of Hotels and Restaurants of the Department of Business and Professional Regulation is directed to provide rules to require that: (1) Every public lodging establishment that is three stories or more in height in the state file a certificate stating that any and all balconies, platforms, stairways, and railways have been inspected by a person competent to conduct such inspections and are safe, secure, and free of defects. (2) The information required under subsection (1) be filed commencing January 1, 1991, and every 3 years thereafter, with the Division of Hotels and Restaurants and the applicable county ~ - of municipal authority responsible for building and zoning permits. : (3) If a public lodging establishment that is three or more stories in height fails to file the information required in subsection (1), the Division of Hotels and Restaurants shall impose administrative’ sanctions pursuant to s. 509.261. i OBSERVED CURRENT BALCONY CERTIFICATION NOT AVAILABLE. Exhibit A Page 1 of 1

Docket for Case No: 01-002005