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
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 failed to provide access to inspection.
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STATE OF FLORIDA ~~
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION .
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DIVISION OF HOTELS AND RESTAURANTS ar
DEPARTMENT OF BUSINESS AND 024 fs
PROFESSIONAL REGULATION, AY 17 AM
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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.
|