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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs ILLINOIS HOUSE, 02-002015 (2002)

Court: Division of Administrative Hearings, Florida Number: 02-002015 Visitors: 32
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: ILLINOIS HOUSE
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Business and Professional Regulation
Locations: St. Cloud, Florida
Filed: May 17, 2002
Status: Closed
Recommended Order on Friday, September 27, 2002.

Latest Update: Dec. 24, 2002
Summary: Whether Respondent Indiana House violated Subsection 509.032(2)(b), Florida Statutes, and Rules 4A-48.003, 61C- 1.004(9)(b), 61C-1.004(11), and 61C-3.001(5), Florida Administrative Code, and, if so, what penalty should be imposed. Whether Respondent Illinois House violated Subsection 509.032(2)(b), Florida Statutes, and Rules 61C-1.004(5) and 4A-48.003, Florida Administrative Code, and, if so, what penalty should be imposed.Transient boarding home failed to have fire alarm system and owner faile
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STATE OF FLORIDA ~~ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION . Py DIVISION OF HOTELS AND RESTAURANTS ar DEPARTMENT OF BUSINESS AND 024 fs PROFESSIONAL REGULATION, AY 17 AM ve Petitioner, SIS I 12 . 4 VISION ap License No. s9-09384-H “"MiN/s yf oF ILLINOIS HOUSE Case No. 4-01-208 HEA page VE Respondent. on / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against: ILLINOIS HOUSE, (“Respondent”), and says: 4. 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 820 ILLINOIS AVENUE, ST CLOUD, FL 34769.The last known mailing address is THOMAS GRIFFIN, 1221 12TH STREET, ST CLOUD, FL 34769. 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 June 18, 2004 Kendall Burkett, 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 4940 North Monroe Street, Tallahassee, Florida 32399-1007 Telephone 850 - 488-3140 / Facsimile 850 - 488-5074 CERTIFICATE OF 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 this day of __, 2001. Received by: Inspector's Signature Operator's Signature ee —_— Title Title Case No: 4-01-208 Revised 5/25/2001 License No: 59-09354-H Business Name: ILLINOIS HOUSE License #: 59-09354H Case #: 04-01- 9g Exhibit A “FC” as cited herein references specific provisions of the 1999 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 Code, and 61C-1.004(5), Florida Administrative Code. It is alleged that on January 26, May 1, May 22 and June 5, 2001 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. *04-2 4A-48.003 FAC Standards for Fire Alarms. The appropriate standards for the installation, maintenance, alteration, repair, monitoring, inspection, replacement, testing, or servicing of fire alarm systems shall be those standards as adopted pursuant to rule - : 4A-3.012(1), FAC. NO FIRE ALARM SYSTEM WAS INSTALLED PER THE OWNER. 2. 40 509,032(2)(b) FS (b) For purposes of performing required inspections and the enforcement of this chapter, the division has the right of entry and access to public lodging establishments and public food establishments at any reasonable time. UNABLE TO ACCESS THE PROPERTY. THE OWNER STATED HE DID NOT HAVE KEYS TO THE ESTABLISHMENT. Exhibit A Page 1 of 1

Docket for Case No: 02-002015
Issue Date Proceedings
Dec. 24, 2002 Final Order filed.
Sep. 27, 2002 Recommended Order issued (hearing held July 31, 2002) CASE CLOSED.
Sep. 27, 2002 Recommended Order cover letter identifying hearing record referred to the Agency sent out.
Sep. 16, 2002 Petitioner`s Proposed Recommended Order (filed via facsimile).
Sep. 10, 2002 Letter to Judge Kirkland from C. Tunnicliff enclosing a copy of the hearing transcript filed.
Sep. 09, 2002 Transcript filed.
Jul. 31, 2002 CASE STATUS: Hearing Held; see case file for applicable time frames.
Jul. 22, 2002 Petitioner`s Witness List (filed via facsimile).
Jul. 10, 2002 Amended Notice of Hearing issued. (hearing set for July 31, 2002; 9:00 a.m.; St. Cloud, FL, amended as to Location).
Jun. 14, 2002 Order of Pre-hearing Instructions issued.
Jun. 14, 2002 Notice of Hearing issued (hearing set for July 31, 2002; 9:00 a.m.; St. Cloud, FL).
Jun. 12, 2002 Joint Response to the Initial Order (filed via facsimile).
May 29, 2002 Order of Consolidating Cases and Requiring Response to Initial Order issued. (consolidated cases are: 02-001986, 02-001987, 02-002014, 02-002015)
May 21, 2002 Petitioner`s Motion to Consolidate Cases (of case nos. 02-1986, 02-1987, 02-2014, 02-2015 ) (filed via facsimile).
May 17, 2002 Initial Order issued.
May 17, 2002 Administrative Complaint filed.
May 17, 2002 Election of Rights filed.
May 17, 2002 Agency referral filed.

Orders for Case No: 02-002015
Issue Date Document Summary
Dec. 19, 2002 Agency Final Order
Sep. 27, 2002 Recommended Order Transient boarding home failed to have fire alarm system and owner failed to provide access to inspection.
Source:  Florida - Division of Administrative Hearings

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