____ 03/29/2002 16:58 FAX 9414335932 eee o24 DA-/boS” STATE OF FLORIDA . i DEPARTMENT OF HEALTH CCHIT OF pags DEPARTMENT OF HEALTH, Petitioner, vs. KELLY GREENS CONDOMINIUM ASSOCIATION IV, Respondent. Serve: Kent Benson, Designated Representative Bensons, Inc. 12650 Whitehall Dr. Fort Myers, FL 33907 / LEE COUNTY ADMINISTRATIVE COMPLAINT Nature of the Case YOU ARE HEREBY NOTIFIED that this is an administrative action for the imposition of a cumulative administrative fine pursuant to Section 514.05 Florida Statutes. This case arises from the Respondent’s failure to maintain minimum standards set forth by the Florida Statute and Florida Administrative Code regulating the operation and maintenance of the pool located at Kelly Greens. Condominium Association IV at Kelly Cove Drive, Fort Myers, Florida 33908. 3” Factual Allegations as to All Counts 1. Petitioner, State of Florida, Department of Health, Lee County Health Department, is the administrative agency of the State of Florida charged with the duty to enforce provisions of Chapter 514 Florida Statutes, and Chapter 64E-9 Florida Administrative Code. : 2. The Respondent owns and/or operates a public swimming pool facility, as defined by Section 514,011(2) Florida Statutes, located at Kelly Greens Condominium Page | of 4- Administrative Complaint KellyGreensCA4Pool64E-9.doc Exrieit A rc ES 03/29/2002 16:59 FAX 941433593? fa025 Association IV at Kelly Cove Drive, Fort Myers, Florida 33908, and permitted by Petitioner (Annual Operating Permit # 36-60-00832). 3. On March 6, 2002 the Department of Health conducted an inspection of the Respondent’s pool and found that Respondent failed to maintain a log of pool water showing water tests at least once every twenty-four hours, in violation of Rule 64E-9.004(13) Florida Administrative Code. See, Attachment “A” attached and incorporated herein. This has been a repeated continual violation committed by the Respondent. In previous inspections conducted on December 4, 2001 and on February 28, 2001, the Respondent was notified by the Department of Health by written inspection report of these violations and was instructed to maintain a log of pool water tests done every twenty-four hours. The Department of Health hereby imposes a Five Hundred Dollar ($500.00) fine for this violation of law. 4. On March 6, 2002 the Department of Health conducted an inspection of the Respondent’s pool and found the recirculation and treatment system was not flowing within pool design specifications of 100 gallons per minute, in violation of Rule 64E-9.007 Florida Administrative Code. See Attachment “A.” This is a repeated violation committed by the Respondent. In previous inspections on December 4, 2001 and on February 28, 2001, the Respondent was notified by the Department of Health by written inspection report of inadequate flow readings concerning the pool water recirculation and treatment. The Department of Health hereby imposes a Five Hundred Dollar ($500.00) fine for this violation of law. Request for Relief Wherefore, the Department of Health hereby imposes a total fine to date in the amount of One Thousand Dollars ($1,000.00) for all violations of law as stated above. If the violations are not corrected on or before 15 days of receipt of this administrative complaint, the Petitioner, Department of Health, requests that this tribunal impose additional administrative fines on the Respondent in the respective amounts per day for each of the Page 2 of 4-- Administrative Complaint KellyGreensCA4Pool64E-9.doc _ 03/29/2002 16:59 FAX 9414335932 _ io26 separate violations listed in this complaint continuing to exist from the date of receipt of this complaint until the date the Respondent corrects each of the respective violations listed. The Total Fine imposed herein, to date, being One Thousand Dollars ($1000.00), or the cumulative daily amount if the corrections are not timely made as set forth herein, due and payable within 21 days of receipt of this Complaint to the Lee County Health Department, 3920 Michigan Avenue, Fort Myers, Florida, 33916. Done this 11" day of March 2002 by the Department of Health, Lee County Health Department. STATE OF FLORIDA DEPARTMENT OF HEALTH Ssusan Masia Sek SUSAN MASTIN SCOTT Florida Bar #0000736 Chief Legal Counsel 2295 Victoria Avenue, Room 206 Fort Myers, Florida 33901 (941) 338-2743 CERTIFICATE OF SERVICE Thereby certify that the Administrative Complaint herein was furnished to: Kent Benson of Bensons Inc., Designated Representative for Kelly Greens Condominium Association IV, 12650 Whitehall Drive, Fort Myers, Florida 33907, via Federal Express # 832605920399 this 11" day of March 2002. Dusan Nye Scott Susan Mastin Scott NOTICE OF RIGHTS TO APPEAL A party whose substantial interest is affected by this order may petition for an administrative hearing pursuant to sections 120.569 and 120.57, Fla. Stat. Such proceedings are governed by Rule 28-106, Florida Administrative Code. A petition for administrative hearing must be in writing and must be received by the Agency Clerk for the Department, within twenty-one (21) days from the receipt of this order. The address of the Agency Clerk is 4052 Bald Cypress Way, BIN # A02, Tallahassee FL 32399-1703. The Agency Clerk’s facsimile number is 850-410-1448. Mediation is not available as an alternative remedy. Page 3 of 4-- Administrative Complaint KellyGreensCA4Po00164E-9.doc ee 03/29/2002 17:00 FAX 9414335932 . 03/29/2002 GI 3593 (fo27 Your failure to submit petition for hearing within 21 days from receipt of this order will constitute a waiver of your right to an administrative hearing, and this order shall become a "final order.” Should this order become a final order, a party who is adversely affected by it is entitled to judicial review pursuant to section 120.68, Fla. Stat. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings may be commenced by filing one copy of a Notice of Appeal with the Agency Clerk of the Department of Health and a second copy, accompanied by the filing fees required by law, with the Court of Appeal in the appropriate District Court. The notice must be filed within 30 days of rendition of the final order. Page 4 of 4-- Administrative Complaint KellyGreensCA4Po0l64E-9.doc 03/29/2002 om STATE OF FLORIDA _ . DEPARTMENT OF HEALTH | PURPOSE: . COUNTY HEALTH DEPARTMENT { > ROUTINE = REINSPECTION _ PUBLIC POOL AND BATHING PLACE 2 GS CONSTRUCT. G3 CHANGE OF OWNER INSPECTION REPORT 2 i COMPLAINT 2 CS QASURVEY = EPIDEMIOLOGY ms oo OTHER - = = iF pSalistactory . “Incomplete . Tc Pool Closed = is = Correct Violatioas by - Next Inspeetion - 00 AM o| . ot 17:00 FAX 941433593? (9 CONSULTATION POOLAREA UL. Appearance/Algae Courul Ca 14. Life Hook w/Pole ; CD Spa bpchcoe cA TS Wading Pont paaraszaczaced TR Spee. Purpose ecg TS Wer Activity kin ch ota ona ct CI Ree, Auraet. 1 i SICHIE53 CS Bushing Place pa c6 eh ci cee 3 Other: rT a CLICT ) 1a A ry of lorida Adininistr tan administrative firie or. POOL SAFETY 1 35. Spa Requirements 37, Cross Coancetion rey Devk/Walkways: 2 15. Lile Ring wRope EQUIPMENT ROOM 38, Gas Chlorine Equip. am] =, jane] ao ca 3, Tile/Poul Finish 16. Satety Line/?” Marking C2 26. Wading Pool: Quick Dump Co 39. Waste Water Disposal 4. Depth Markers Co (7. Rules Posted © 27, Water Level/Conirol ca 40. DLE. Separutor 15. Hlandrait/Ludder a 18. Certification 12 24. Disinfection Feeder 3 41. Other Equipment I 6, Step Markings SANITARY FACILITIES Co 29. pH Feeder oO 42, Equipment Change 7. Matin Drain Grate [2 19. Supplies 30. Chom. Cuntuiner Label 3 43. Approved Chemiculs 88. Gutter Grines/Skimimer ca 4). Clean 731. Filter Pump ; wr 44. Maintenance Log cm. Lighting WATER QUALITY (CD 32. Vacuuin Cleaner 1 AS. Inspection Posted 1). Ne Dive Mackings 7 21, Approved Test Kit pes 33, Flowmeter ZO 3 46, Electricul Equip, i it, Diving Board 3 72, Free Chlorine/Bromine 2 34. Theenometer C3 AT. Other : Se ae ee ee Io 12, Pool Cover Cm) 23. pH 34. Pressure/Vacuurn Gauge Coa 8, Other ERILTER TYPE a 13. Poul Side Shower 1 24. Chlorine Stabilizer 30, Equip. Roun “2 49. Other pv NOTE: It is unlawful to modify any public pool or its equipment without first having obtained approval from the department. ITEM COMMENTS AND INSTRUCTIONS. NUMBERS (continue on attached sheet) Pa pada tn freak Laroch S -— SEUE TO LEG HEALTH DEPARTMENT INSPECTOR: COPY DE REPORT RECEIVED BY; ——————— DATE. DH- Form 920, Feb, 99 (Obsaleies Previous Eqitions) CHD/ HEADQUARTERS PHONE: 332-4958 3/t (or. i £ u ar fitinc humor A -

Docket for Case No: 02-001605