STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS «=f! pm py DEPARTMENT OF BUSINESS AND 25 7 y 2 be et PROFESSIONAL REGULATION, -~C* 12 JUN 27 Petitioner, 6 UL é? PH 12:3] vs. r . ; SUNSET PLACE APARTMENTS License No. 53-01306-H jy2 Respondent. Case No. 2-02-1 Haas ! ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against: SUNSET PLACE APARTMENTS, (“Respondent”), and says: 1. 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 871 NOROTHWEST SUNSET DRIVE, STUART, FL 34996.The last known mailing address is MICHAEL J. MORTELL, 2336 SOUTHEAST OCEAN BOULEVARD #138, STUART, FL 34996-3354. 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 January 10, 2002 infistrator By delegation of the Directof, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: : Gail Scott-Hill, Senior Attorney Florida Bar No. 0909289 Department of Business & Professional Regulation 1940 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: _7001 0360 0002 1851 4426 | HEREBY CERTIFY that a true and correct copy of the foregoing ORDER has been hand served by me on this day of , 2002. Received by: Inspector's Signature Operator's Signature Title Title Case No: 2-02-14 Revised 1/1/2002 License No: 53-01306-H Business Name: SUNSET PLACE APARTMENTS License #: 53-01306-H Case #: 02-02-001 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 December 12, 2001 and January 4, 2002 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: 4. *02-4 NFPA 58, 3-4.9.2 [LP Gas] Containers having water Capacities greater than 2 1/2 pounds (1kg) ... shall not be located on balconies above the first y floor that are attached to a multiple family dwelling of 3 or more living units located one above the other. Exception: Where such balconies are served by outside Stairways and where only such stairways are used to transport the container. OBSERVED LP GAS CONTAINERS ON BALCONIES ABOVE FIRST FLOOR (Apts. #6 — Bidg. 871) See History. 2. *04-1 61C-1.004(5) FAC All fire safety, protection and prevention equipment must be installed, approved, maintained and used in accordance with Chapter 509, FS, and the National Fire Protection Association Life Safety Code Chapter 101, as adopted by the Division of State Fire Marshal in Chapter 44-3, FAC. OBSERVED SMOKE DETECTOR INOPERABLE IN APARTMENT #$3 — BLDG. 871. 3. *07-1 61C-1.004(11) FAC Electrical wiring - To prevent fire or injury, defective electrical wiring shall be replaced and wiring shall be kept in good repair... OBSERVED ELECTRICAL OUTLET NOT SECURED TO WALL IN A/C ROOM BUILDING 871. ** CRITICAL VIOLATION Exhibit A Page 1 of 1 FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS EXPLANATION OF RIGHTS The enclosed Administrative Complaint charges you with violating one or more provisions of Chapter 509, Florida Statutes, or Rule 61C, Florida Administrative Code. If you have questions regarding your response or best course of action, you may wish to seek competent legal counsel. may proceed against you by default. Your receipt of this Administrative Complaint packet constitutes service upon you. Your rights under Florida law (Chapter 120, Florida Statutes) are as follows: 1. You may elect to dispute the violations alleged in the Complaint and request a hearing on the 2. You may elect to not dispute the violations alleged in the Complaint and request that a hearing be held to present testimony or documents you wish the Department to consider in mitigation of the alleged violations prior to disposition of this case, Any penalty levied will be included in a Final Order. Ifa dispute of material fact arises, the hearing will be terminated and the case referred for administrative trial as described in paragraph 1 above. 3. You may seek to resolve this matter through a negotiated settlement with the Department's Settlement Officer as instructed in the cover letter accompanying this packet. Upon final 4. You may waive hearing in this matter, and the Department will Proceed with resolution and Possible penalty at its discretion. you on your Election of Rights. : Pursuant to Chapter 120.573, Florida Statutes, please be advised that mediation is not available for resolution of this action. Case No: 2-02-41 Revised 1/1/2002 License No: 53-01306-H Business Name: SUNSET PLACE APARTMENTS

Docket for Case No: 02-002574