STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. EVELYN AVENUE APARTMENTS License No. 1304700 Respondent. Case No. 200352705 / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against: EVELYN AVENUE 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 business address of record is 2817 EVELYN AVENUE, PANAMA CITY, FL 32405.The mailing address of record is SOUTHERN BAY PROPERTIES, POST OFFICE BOX 563, PANAMA CITY BEACH, FLORIDA 32401. 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 April 03, 2003 Ken Hensdill, Acting District Administrator By delegation of the Director, 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 2510 0001 8186 6383 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2003 Received by: Inspector’s Signature Operator’s Signature Title Title Case No: 200352705 Revised 1/20/2003 License No: 1304700 Business Name: EVELYN AVENUE APARTMENTS License #: 1304700 Case #: 2003052705 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 March 05, 2003 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. 19-5 5-205.15 FC System Maintained in Good Repair.* A PLUMBING SYSTEM shall be: (A) Repaired according to LAW; and (B) Maintained in good repair.§ OBSERVED TOILET NOT FLUSHING IN UNIT 5B. 2.427-7 5-403.11 FC APPROVED SEWAGE Disposal System.* SEWAGE shall be disposed through an APPROVED facility that is: (A) A public SEWAGE treatment plant; or (B) An individual SEWAGE disposal system that is sized, constructed, maintained, and operated according to LAW. OBSERVED WATER/WASTE LIQUID ON GROUND AROUND CENTER TANK LIDS. DID NOT OBSERVE TANK LIDS SEALED WITH CONCRETE ~ MANAGER INDICATED THIS WOULD BE DONE ON 2/28/03. MANAGER AND OWNER INDICATE ONE PUMP IS NOT FUNCTIONING. Exhibit A Page 1 of 1

Docket for Case No: 03-003822