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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs CONSORT APARTMENTS, 01-002909 (2001)

Court: Division of Administrative Hearings, Florida Number: 01-002909
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: CONSORT APARTMENTS
Judges: CLAUDE B. ARRINGTON
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Jul. 23, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, September 20, 2001.

Latest Update: Jul. 08, 2024
STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI No gow pry DIVISION OF HOTELS AND RESTAURANTS in mu boo wen ane Fe DEPARTMENT OF BUSINESS AND — aoe nt PROFESSIONAL REGULATION, G1 JUL 23 Pi 20) Petitioner, License No. 23-11803-H“ CONSORT APTS Case No. 1-00-415 __ Respondent - OF. 19 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against: CONSORT APTS. , (“Respondent”), and says: VS. 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 909 NW 45 AVE, * MIAMI, FL 33126.The last known mailing address is URBANNA CORPORATION, 1925 BRICKELL AVE, . STE D 20, MIAMI, FL 33129. ~ : Ce ae gy 3. Inspection of this establishment conducted purstiant to Sec. 509.032, Florida Statutes, revealed’ a . 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. : x » Signed March 02, 2001 S>. =». oat Gary Shannie Kallas, District Administrator .. 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 1940 North Monroe Street, Tallahassee, Florida 32399-1007 Telephone 850 - 488-3140/ Facsimile 850 ~ 488-5074 CERTIFIGATEOF SERVICE = BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:__ | HEREBY CERTIFY that a true and correct copy of the foregoing ORDER has been hand served by me on thie’ woth sett big ae beh oe vungaay Hout hy Docs on oes Received by: Inspector's Signature Operator's Signature ‘Tile _. Title Case No: 1-00-415 Revised 2/14/2001 License No: 23-11803-H Business Name: CONSORT APTS we License #: 23-11803-H Case #: 01-00-415 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 Administrative Code. “NFPA” as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, “Fire Prevention, General Provisions”, Florida Administrative Codé, and 61C-1.004(5), Florida Administrative Code Itis alleged that on December 7, 2000, Jantiary 17, 2001 and January 30, 2004, the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code(FAC), in the following particulars: 1. *04-3 4A-48.006(1) FAC Specifications for Fire Alarm Tags. (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. ‘ Mo Bae a - OBSERVED EXPIRED SERVICE TAG ON FIRE ALARM "PANEL. (TAG DATED 12/99). 2. *06-9 NFPA 101, 16-2.9, 17-2.9 Emergency Lighting: Each transient public lodging establishment building with more than 25 rooms shail be . protected by the installation of emergency lighting on all floors of buildings with interior egress and on all floors above the first floor of buildings with exterior egress. OBSERVED EMERGENCY LIGHT NON FUNCTIONAL BY APARTMENTS #101 AND #104. aS, Sees uilitvel CDESC EE oe ee rR Exhibit A Page 1 of 1

Docket for Case No: 01-002909
Issue Date Proceedings
Dec. 07, 2001 Stipulation and Consent Order filed by Petitioner.
Sep. 20, 2001 Order Closing File issued. CASE CLOSED.
Sep. 19, 2001 CASE STATUS: Hearing Held; see case file for applicable time frames.
Sep. 19, 2001 Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
Sep. 18, 2001 Petitioner`s Exhibits (filed via facsimile).
Sep. 14, 2001 Amended Notice of Telephone Hearing issued (telephonic hearing set for September 19, 2001, 9:00 a.m.).
Aug. 21, 2001 Order of Pre-hearing Instructions issued.
Aug. 21, 2001 Notice of Hearing issued (hearing set for September 19, 2001; 9:00 a.m.; Miami, FL).
Aug. 10, 2001 Amended Joint Response to Initial Order filed.
Aug. 06, 2001 Joint Response to Initial Order filed.
Jul. 24, 2001 Initial Order issued.
Jul. 23, 2001 Election of Rights filed.
Jul. 23, 2001 Administrative Complaint filed.
Jul. 23, 2001 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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