03/29/2002 16:52 FAX 941433593° STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, vs. DOH Case No.: 2002- KELLY GREENS VERANDAS V, 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 Verandas V, at Kelly Woods Way, Fort Myers, Florida 33908. 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 Verandas V at Kelly Woods Way, Fort Myers, Florida 33908, and permitted by Petitioner (Annual Operating Permit # 36-60-00810). Page | of 3- Administrative Complaint KellyGreensVerandas VPo0ol64L-9.doc EXHibIT A 03/29/2002 16:52 FAX 9414335932 ee 007 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 February 28, 2001 and on September 12, 2000 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. Request for Relief Wherefore, the Department of Health hereby imposes a total fine to date in the amount of Five Hundred Dollars ($500.00) for all violations of Jaw 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 separate violations listed in this complaint continuing to exist from the date of Teceipt of this complaint until the date the'Respondent corrects each of the respective violations listed. The Total Fine imposed herein, to date, being Five Hundred Dollars ($500.00), 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. Page 2 of 3-- Administrative Complaint KellyGreensVerandas VPool64E-9.doc 03/29/2002 16:52 FAX § a _ 3729/20 AX 9414335937 o08 STATE OF FLORIDA . DEPARTMENT OF HEALTH Saoman Manin Seo tt SUSAN MASTIN SCOTT Florida Bar #0000736 Chief Legal Counsel 2295 Victoria Avenue, Room 206 Fort Myers, Florida 33901 (941) 338-2743 CERTIFICATE OF SERVICE I hereby certify that the Administrative Complaint herein was furnished to: Kent Benson of Bensons Inc., Designated Representative for Kelly Greens Verandas V, 12650 Whitehall Drive, Fort Myers, Florida 33907, via Federal Express # 832605920399 this 11" day of March 2002. Susan Mastin Scott NOTICE OF RIGHTS TO APPEAL A party whosc 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 ate 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. 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 3 of 3-- Administrative Complaint KellyGreensVerandasVPool64E-9.doc 3729/2002 16:53 FAX 941433593? —_—" . STATE OF FLORIDA _ DEPARTMENT OF HEALTH ' PURPOSE: : COUNTY HEALTH DEPARTMENT J ROUTINE =) REINSPECTION PUBLIC POOLAND BATHING PLACE aa rp ; CONSTRUCT. C3 CHANGE OF OWNER INSPECTION REPORT =f ff, pt ‘y COMPLAINT 1 CONSULTATION = QASURVEY 2 EPIDEMIOLOGY 02 APR 19 PM 2: ee & Satisfactory 2 Incomplete = Pool Closed 2 Unsatisfactory crry ZIP ae PHONE -Z272O7LE puons FALI8G'S 310 Correct Vielalons by C3 Next luspeetion - B ag {lo | al: OIC Mi [I Syn btoctreramct Co Wading Pool ICAICAALAIEZI | Spee. Purpuine prsresaczac33l | Water Activity ba cnca ots ca} To Rec. Anrner. £8} | Baming Mace ij} | Other: ‘hapter. igi il be POOLAREA POOL SAFETY iP YOu AL. Appeorance/Algae Control C14. Lile Hook w/Hule C3 25, Spa Requirements C3 37, Cross Comnection J te) 2. Deck/Watkwiays 3 5. Life Ring w/Rupe EQUIPMENT ROOM 3 38, Gas Chivtine Equip, 1. EVOLUMES 3. Tile/Poot Finish Co 16, Safety Line/2" Marking > 26, Wading Pool: Quick Dump (3 39. Waste Water Dispusal 2b 5 25 C3 4. Dep Muckers Co 17. Rules Postet 7, Water Level/Cuatral CO Av, DAE. Separate IS. Handsail/Ladder Co 18. Certificutiva CS 24, Disinfeution Feeder 3 41, Other Equipment 2 a} AD‘ IG. Seep Markings SANITARY FACILITIES > 29. pH Feeder 9 42. Equipment Change 3 7, Main Deain Grate C= 19. Supplies 1 30. Chem, Container Lube! To 43. Approved Chemivuls = 8. Gutter Gentes/Skiminer 3 20. Clean O'S, Filter Pump * gem 44. Maintonance Lag OW. J (= 9. Lighting WATER QUALITY I 32, Vacuum Cleaner 5 45. luspection Posted t ao I 10, No Dive Markings CS 24. Approved Test Kit 2 33. Flowmeter g ber) 5 46, Electrical Equip. > 11. Diving Board 22. Free Chiorine/Hromine | 4. Theemomteter, 3 47. Other a 1 12. Pool Cover, c 23. pH : C23 35. Pressure/Vacuum Gauge = CO 48, Ouher RILTER TEES {= 13, Poo! Sive Shower I 24. Chlorine Stabilizer = 326, Equip. Room > 49. Ore ? U tL NOTE: It is unlawful to modify any public pool or its equipment without first having obtalned approval from the department, ITEM COMMENTS AND INSTRUCTIONS NUMBERS (continue on atlached sheet) AY Whiitenoaer tos, cornit sntbodbe hailey Libations st pH Araduny,» | S/izJoo ‘Sequr TO Lee 2 Z ¢ HEALTH DEPARTMENT INSPECTOR: PHONE: Zoe 2566 COPY OF REPORT RECEIVED BY: fated. DATE: = 3 {bolo} = OH- Form 920, Feb. 99 {Obsoletes Previous Editiv| is) \ a ee ereeenmeae! CHD / HEADQUARTERS he 4 ~ Arrachtmear “A _

Docket for Case No: 02-001606