Nov 1 2005 15:17 11/61/2885 15:13 8564146749 DEPR OGA PAGE 64/05 STATE OF FLORIDA DEPARTMENT OF BUSINESS ANO PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION O5-U 03% Petitianer. vs, License No, $208879 APARTMENTS Respondent License Type 2003 Apartment P Case No. 2005046260 t ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS. (‘Petitioner’), files this Administrative Complaint against 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 Section 20.165 and Chapter 508, Florida Statutes. 2. Respondentis, 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 360 N 2 AVE, SAFETY HARBOUR, FLORIDA 346953656,The mailing address of record is APARTMENTS, at 9924 SAN MATEO WAY, PORT RIGHEY, FLORIDA 346688. 3. Inspeotion of this establishment conducted pursuant fo Sec, 509.032, Florida Statutes, ravealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thetete governing operation of the establishment. The violation(s) found and applicable jaw 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 follawing penalties; administrative fine not to exceed $1,000 per offense; imandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Education Program: suspension, revocation, or refusal of 3 Ilcense Issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed August 29,2005 . «+ -. wate . SS ae en ec “~~ Jide Perez,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 Attorney Florida Bar No. 0753831 Department of Business & Professional Requiation 1940 North Monroe Street i. OBPtifiad ‘Article -Micear: Tallahassee, Florida 32399-1007 ori led Article Numbe 70) 390L 984G FUN 3 CERTIFICATE OF SERVICE patermersom ad sre? BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: ENDERS RECORI VHEREBY CERTIFY that a true and correct copy of the foregoing AOMINIST hand served by me on this day of 2005. Received by; Operator's Signature MIPLAINT has bean Inspector's Signature Title Title Form revisod 08.13.05 Livense Type: 2003 Aparment Onstrict Number! 03 License Number: 6208979 APARTMENTS Case Number: 2005045260 11/61/2085 15:13 8584146749 Nov 1 2005 15:18 DBPR GA PAGE Licerise Number; 6208979 License Type: 2003 APARTMENT Case Number: 2005046260 Exhibit A "FC" as clted herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, Incorporated hy Ghapter 61C, Florida Administrative Code, "NFPA" as cited herein references specific provisions of the National Fire Protection Association Life Safely Code, incorporated by reference at Chapter 44.3, "Fire Prevention, General Provisions", Florida Administrative Code, and @16-4 004(5), Florida Administrative Code, {tls alleged that on July 6, 2005 and August 18, 2005 the licensee was in violation of Florida Statute 509(F'S) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the following harticulars. Copy(s) of the report(s) for the above referenced inspection(s) are attached herata and Incorporated by reference as Exhibit B. * 1,02-04 NFPA 54, 3-4.9.2 [LP GAS] CONTAINERS HAVING WATER CAPACITIES GREATER THAN 21/2 POUNDS (1KG) SHALL NOT BE LOGATED ON BALCONIES ABOVE THE FIRST FLOOR THAT ARE ATTACHED TO A MULTIPLE FAMILY DWELLING OF 3 OR MORE LIVING UNITS 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 A 20 POUND LP CONTAINER ON A SECOND FLOOR BALCONY NEAR APT #G. * denotes critical violation Exhibit A Case Number: 2005045260 Page 1 License Type: 2003 APARTMENT Licanse Number: 6208979 85/85

Docket for Case No: 05-004039