Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: WEST DADE LTD. II
Judges: PATRICIA M. HART
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: May 16, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, July 22, 2005.
Latest Update: Dec. 31, 2024
SLC Uct 2 204 JUAN Pax station: UPR Ite UR LUMPEIANCE
FROM {MON} OCT 25 2004 21:00,... 20:59/No. 6826639019 P 3
3 eo
STATE OF FLORIDA Lease
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS 1S ERY Ub O47
iuud panes
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Petitioner, +
vs. ‘
WEST DADE LTD I License No. 2300370
Respondent, License Type 2003 Apartment
n Case No. 2004042775
ADMINISTRATIVE COMPLAINT
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against WEST DADE LTO tl,
(‘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 Section 20.165 and Chapter 509, Florica 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 02330 NW 009 ST,
MIAMI, FLORIDA 331253200.The mailing address of record is WEST DADE LTD Il, at PO BOX'440584,
MIAMI, FLORIDA 33152-6744.
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. Inspection documents are attached as Exhibit “B”,
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 $1,000 per offense; mandatory attendance at Respondent's
expense at an educational program sponsored by the Department's Hospitallty 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 September 01, 2004
3S. D,
Shannie Kallas, District Manager
By delegation of the Director, or designee
~ Division of Hotels & Restaurants
Department of Business & Professional Regulation
COUNSEL FOR THE DEPARTMENT:
Charles F. Tunnicliff, Lead Attomey
Florida Bar No. 0153831
Department of Business & Professiona) Regulation
1940 North Monroe Street
Tallahassee, Florida 32399-1007
CERTIFICATE OF
BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3801 9848 3954 4823
| HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been
hand served by me on this, day of,
Received by:
Inspectors Signature Operator's Signature
Title Title
Case Number: 2004042775 Form revised 9/8/04
Licanse Type: 2003 Apartment District Number. 01
Lieanse Number: 2300370 WEST DADE LTD tl
License Number: 2300370
License Type: 2003 APARTMENT
Case Number: 2004042775
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.
Itis alleged that on JULY 16, 2004 AND AUGUST 20, 2004 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. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and
incorporated by reference as Exhibit B.
* 1.38-03 509.241(3) FS & 61C-1.002(1) &(7) FAC DISPLAY OF LICENSE. -- ANY LICENSE ISSUED
BY THE DIVISION SHALL BE CONSPICUOUSLY DISPLAYED IN THE OFFICE OR LOBBY OF THE
LICENSED ESTABLISHMENT. THE CURRENT LICENSE FROM THE DIVISION SHALL BE
CONSPICUOUSLY DISPLAYED IN THE OFFICE OR LOBBY OF THE ESTABLISHMENT. IF NO OFFICE
OR LOBBY IS PRESENT ON THE PREMISES OF THE LICENSED ESTABLISHMENT, THE LICENSE MUST
BE READILY AVAILABLE FOR INSPECTION UPON REQUEST. THE DIVISION SHALL ISSUE A LICENSE,
WHICH IS BPR FORM 21-022, PUBLIC LODGING AND FOOD SERVICE LICENSE, INCORPORATED
HEREIN BY REFERENCE AND EFFECTIVE 9-25-96 TO EACH PUBLIC LODGING ESTABLISHMENT
WHICH HAS SATISFIED THE REQUIREMENTS OF CHAPTER 509, FS, AND THIS CHAPTER UPON
INITIAL LICENSING AND ANNUAL RENEWAL.
OBSERVED NO CURRENT LICENSE ON DISPLAY.
2. 13-01 61C-1.004(6) FAC ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND
FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS.
OBSERVED LARGE AMOUNTS OF WOOD DUST, DEBRIS THROUGHOUT APARTMENTS 4 AND 7,
ALSO IN THE HALLWAYS OF THE APARTMENT BUILDING.
* 3.24-01 509.221(7) FS _THE OPERATOR OF ANY ESTABLISHMENT LICENSED UNDER THIS ..
CHAPTER SHALL TAKE EFFECTIVE MEASURES TO PROTECT THE ESTABLISHMENT AGAINST THE
ENTRANCE AND THE BREEDING ON THE PREMISES OF ALL VERMIN. ANY ROOM IN SUCH
ESTABLISHMENT INFESTED WITH SUCH VERMIN SHALL BE FUMIGATED, DISINFECTED,
RENOVATED, OR OTHER CORRECTIVE ACTION TAKEN UNTIL THE VERMIN ARE EXTERMINATED.
OBSERVED THE PRESENCE OF TERMITE LIKE INSECTS IN THE HALL BY THE DOORS, METERS AND
IN THE APARTMENTS 4 AND 7. :
* denotes critical violation Exhibit A
Case Number: 2004042775 Page 1
License Type: 2003 APARTMENT
License Number: 2300370
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants
CALL BACK/RE-INSPECTION REPORT page _|_ of! __
[Day [Year
Month County
D
370
NOTICE TO
SHOW CAUSE
You will be issued a Notice to
Show Cause why sanctions
should not be assessed against
your license, A hearing will be
held at a time and place to be
designated by the director.
C1 complied (_]Hearing requested
hot complied (_] Out of business
WARNING OF
DIRECT NOTICE:
Failure to be in compliance
with this notice at any
future inspection may
result ina direct Notice to
Show Cause.
pavarring
Pre-conference
Pre-hearing
Con Stipulation
[On Hearing Order
Dother:
CTime extended date: {sf
time:
owner Name: Ww ef T hA C LT b. ff Business Name: W/C aa h LAAh C LTn wid
_ Business Address: pa) do N. Ww. q iE Business City: Ray Sim’
ji a eee aay i 1 a z Oe
ban (0! Wert DADE LTH ——-
po Boe Uo 94
RECIPIENT'S NAME (PLEASE PRINT) INSPECTOR'S NAME {PLEASE PRINT)
RECIPIENT'S SIGNATURE
ESTABLISHMENT TELEPHONE
DBPR Form HR 5022-005 Le MyFlorida.com Revised 2000 August 10
1 A VDSS 93 Ne Rd od 2 SE >
FROM (TUE)NOV § 2004 20:53/. . 20:52/No. 6826639059 P 1
U.S. Postal Service
CERTIFIED MAIL... RECEIPT
(Dontestic Mail Only; No Insurance Coverage Provided)
For scivery Information visit our wabsilc ut www uBps.com
OFFICIAL USE
Certified Fee
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7903 L020 D004 2475 b4a4
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LEGAL NOTICE
LODGING INSPECTION REPQRT
DEPARTMENT OF BUSINESS AND PF ISSIONAL REGULATION
Division of Hotels and Restaurants
CONTROL NUMBER INSPECTOR
County | File Number |Suf LENS BOOGSGD
Lb (92 ‘Xi K l i” OWNER NAME B Nontransient Apartment.)
eaeocad | wo | Wert Ale LT) I a :
a
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Bay gOG i wt D ANe CTp Te ing
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BTaAagc»ao Oe No. of Units ©. Collective Conde
(x3) 2 Collective Dwelling
€ Nontransient Rooming House
(© Bed & Breakfast
INSPECTION DATE
Month Day . . | . a
> Failure to comply with this Notice may initiate an
Routine administrative complaint that may result in
suspension or revocation of your license and fines,
ay
r
Complaint
INSPECTION RESULTS
Information
4 © ANY VIOLATIONS noted herein must be
corrected by the NEXT ROUTINE INSPECTION.
POEAL Feats frat’ ofA.
Pending 2 @™ WARNING:
Violations in the operation of your
establishment must be core by:
Qs & Date: wee Time
8 CB
& 8 3© ADMINISTRATIVE COMPLAINT recommended
Ba B based upon repeated violations(s).
@
g fae Ec) @ @ 5 © Seasonal
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& & 8 @ 6 (3 EMERGENCY ORDER recommended
based upon violations that are a severe
ee . . . and immediate threat to the public.
DISPOSITION
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See reverse side "for explanation of citations.
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Recipient's Name (PLEASE PRINT)
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Recipient's Title
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Establishment ~ Date and Time
OFF eo 4G 1-6
www. hospitalityeducation.org Revised 2002 October 7
DBPR Form HR 5022-014 DISTRICT OFFICE COPY
Docket for Case No: 05-001757
Issue Date |
Proceedings |
Jul. 22, 2005 |
Order Closing File. CASE CLOSED.
|
Jul. 19, 2005 |
Joint Motion to Relinquish Jurisdiction filed.
|
Jul. 19, 2005 |
Joint Motion to Relinquish Jurisdiction filed (without certificate of service date).
|
Jul. 05, 2005 |
Petitioner`s Exhibit List filed (Exhibits not available for viewing).
|
Jul. 05, 2005 |
Petitioner`s Witness List filed.
|
May 27, 2005 |
Order of Pre-hearing Instructions.
|
May 27, 2005 |
Notice of Hearing by Video Teleconference (video hearing set for July 26, 2005; 1:00 p.m.; Miami and Tallahassee, FL).
|
May 24, 2005 |
Response to Initial Order filed.
|
May 16, 2005 |
Administrative Complaint filed.
|
May 16, 2005 |
Election of Rights filed.
|
May 16, 2005 |
Agency referral filed.
|
May 16, 2005 |
Initial Order.
|