03/29/2002 16:55 FAX 9414335932 Received: 3/12/02 1:28PM; -> BENSON’S ING STATE OF FLORIDA DEPARTMENT OF HEALTH ' DEPARTMENT OF HEALTH, Petitioner, vs: ; DOH Case No.: 2002- KELLY GREENS CONDOMINIUM ASSOCIATION Ht, Respondent. Serve: Cynthia Ann Templin, Designated Representative Prime Management Group, Inc. 9400 Gladiolus Dr., Suite 100 Fort Myers, FL 33908 / 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 II at Kelly Greens Blvd., 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 645-9 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 KellyGreensCA2Pool64E-9.doc EXHiSIT av USERS 03/29/2002 16:55 FAX 9414335933 ois ne -> BENSON’S INC 3 Page & Received: 3/12/02 1:26PM; ze , Association II at Kelly Greens Blvd., Fort Myers, Florida 33908, and permitted by Petitioner (Annual Operating Permit # 36-60-00786). 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, February 26, 2001, September 12, 2000, and on February 23, 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. 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, February 26, 2001, September 12, 2000, and on February 29, 2000 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 Deparunent 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 Page 2 of 4+» Administrative Complaint KellyGreensCA2P00164E-9.doc a et ___ 03/29/2002 16:56 FAX 9414335932 (017 - NSON’S INC 3 Page + Received: 3/12/02 1:28PM; > BE 3 ' . 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 receipt of this complaint until the date the Respondent corrects each of the respective violations listed. The Tota) 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 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: Cynthia Ano Templin of Prime Management Group Inc., Designated Representative for Kelly Greens Condominium Association II, 9400 Gladiolus Dr., Suite 100, Fort Myers, Florida 33908, via Federal Express # 832605920403 this 11" day of March 2002. Susan Mastin Sroth 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 aod 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. Page 3 of 4-- Administrative Complaint KellyGreensCA2Pool64E-9.doc LS SS Sepa ___ 08/29/2002 16:56 FAX 9414335932 whois ¥ aved 3/12/02 1:29PM; -> BENSON'S ING ; Page 5& Rece ed: : H F « Mediation is not available as an alternative remedy. Your failure to submit petition for hearing within 21 days from receipt of this order wil) 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 KeltyGreensCA2Po0l64E-9.doc 05/29/2002 16:56 FAX 9414335933 fo19 -> BENSON’S ING 3 Page 6 Receivea: 3/72/02 1:20PM; Frore . = STATE OF FLORIDA . . , DEPARTMENT OF HEALTH... , PURPOSE: COUNTY HEALTH DEPARTMENT, ™ ; ; © ROUTINE = RBINSPECTION PUBLIC POOL AND BATHING PLACE a CONSTRUCT, ©) CHANGE OF OWNER INSPECTION REPORT 02 Ap ae COMPLAINT CJ CONSULTATION R 19 PH I: 59 © QASURVEY [© EPIDEMIOLOGY . Bhi: OTHER n HV he C3 Sotisfuctory > Incomplete > Fool Cloyed aww Unsutistuctory Correvt Violations by ; — Next Inspection c 8:00 AM on: Spa ‘Wading Poul | Spec. Purpose # Woter Activity Rev, Aura, Bathing Place Other: POOLSAFETY {. Appeurance/Alpne Contm? CO 4. Life Hook w/Pule Ge 25, Spa Requiramonts (waa) TS 37. Cress Counection I=) 2. Deck/Watkways 7 NS. Lite Ring wiRope EQUIPMENT ROOM [2 38. Gus Chlorine Equip. C= 3. TiePool Finish > 16. Safety Line” Marking T= 26, Wading Poot: Quick Dump C2 3Y, Waste Water Disposal [o> 4. Depth Markers TC 17, Rudes Posica C2 27, Water Level(Controt co 40D. Separator JSS. Hande/Ladder Co 1B. Cestification = 22. Disinfection Feeder C2 4. Other Equipment 6. Step Markings SANITARY PACILITIES 29. pH Feeder CS 42, Equipment Change 7. Main Drain Grave & 19, Supplies [> MW. Cheat. Conuinerbavet = 43. Approved Chemicals 4, Outer Graten/Skinimer C3 W. Clean 31. Filter Pung "(SR 46. Maintenance log 9, Lighting WATER QUALITY CAD 32. Vecuum Cleaner CJ 43. Inapastion Posted 10. No Dive Markings E> 2t Appeoved Text Kit C3 39, Plowmeter 5 46, Bleciics! Equip. I 1). Diving Bourg 7 22. Free Chlorine/Bromvine CM, Thermonvwecer cS 47, Other iT 12, Pool Cover co 23. px CS 3S. Praseure/Vacuum Gauge = Co 48, Other J 13. Pool Side Shower Ca UA. Chiotine Stabilizer CO 36. Equip. Roum = 49, Other NOTE: It Ls uniawful to modify any public poot or Ita equipment without frat having obtained approval from the department. TEM COMMENTS AND ENSTRUCTIONS NUMBER: {conunue On attac! » Lo PN BPMs at wl Drab LV Ader Aires rites ASP ate hahetets J x ADTs IF REVLO rey p2fdefor, Sfitfan, 2/23feo > SEWT TH Le MEALIM DEPARYMENT INSPECTOR: aie. Te puons: 2 32-9 3ee S . De COPY OF REPORT RECEIVED BY: HAR DATE: DH. Form 020, Feb, #8 (Oosoietes Provious Edilone} a |) CHD / HEADQUARTERS eee eee ee eee | r 7 Y Arracnwmenr “A _

Docket for Case No: 02-001607