STATE OF FLORIDA & DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 3 4 DIVISION OF HOTELS AND RESTAURANTS Hyp ka y) Newt Ubi Sy, DEPARTMENT OF BUSINESS AND Cg SA io PROFESSIONAL REGULATION —_— 4 4 Vig ge XY Petitioner, CO ” uf 1 RAL vs. & RAMPART PROPERTIES INC. Serial Number 8944 License Type 2101 Elevator Respondent. Case Number 2005027338 eo ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against RAMPART PROPERTIES INC., (‘Respondent’), and says: 4. Petitioner is the state agency charged with regulating the operation of elevators, pursuant to Section 20.165 and Chapter 399, Florida Statutes. . 2, Respondent is, and has been at all times material hereto, subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business.address of record is 5000 GULF BLVD, ST PETERSBURG, FLORIDA 337062401. The mailing address of record is RAMPART PROPERTIES INC. at 10033 9TH ST N SECOND FLOOR, ST PETERSBURG, FLORIDA 337163805. 3. Areview of the licensure records of the Division of Hotels and Restaurants reveals that the Certificate of Operation for this conveyance has expired; however, the operation continues, in violation of the provisions of Chapter 399, Florida Statutes, and / or the rules promulgated thereto governing operation of the conveyance, The violation(s) and applicable law are described in Exhibit “A" attached hereto and incorporated herein by reference. Inspection documents are attached as Exhibit “B", incorporated herein 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; suspension, revocation, and/or any other relief authorized by Chapter 399, Florida Statutes, or the rules promulgated thereto. Signed May 19, 2005 ‘Ga at. ef TR Cathy C. White, Gueau Chief . 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. 0153834 Department of Business & Professional Regulatio 4940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: going ADMINISTRATIVE COMPLAINT has been 2005. | HEREBY CERTIFY that a true and correct copy of the fore hand served by me on this, day of _ Received by: Operator's Signature _ . oe Title Division Employee's Signature Title Form revised 03.01.05 Case Number; 2005027338 RAMPART PROPERTIES INC. License Type: 2104 Certificate Number: 8941 EXHIBIT A 241, 2004 the operator was in violation of Florida Statute 399 (FS) and/or the Rules of [tis alleged that on June au of Elevator Safety, Florida Administrative Code (FAC), in the the Division of Hotels and Restaurants, Bure following particulars: 4. 399.061(1)(A) FS Certificates of operation may be renewed only for vertical conveyances having a current satisfactory inspection. : OBSERVED ELEVATOR IN OPERATION WITH AN EXPIRED CERTIFICATE OF OPERATION AND NO SATISFACTORY INSPECTION ON FILE. 2. 399.07(1) FS The owner of an elevator operating with an expired certificate of operation Is in violation of this chapter... The department shall adopt by rule a fee schedule for the renewal of certificates of operation. OBSERVED ELEVATOR IN OPERATION WITH AN EXPIRED CERTIFICATE OF OPERATION AND NOT HAVING PAID THE REQUIRED ANNUAL RENEWAL FEE. ry eee Form revised 03.01.05 Case Number: 2005027338 RAMPART PROPERT! Es INC. License Type: 2104 Certificate Number: 8941 State of Florida Div ‘on of Hotels and Restat ints pf Bureau of Elevator Safety % www. hospitalityeducation.org EXHI BIT B EXPIRED ELEVATOR CERTIFICATE VISIT VERIFICATION Dist Serial Number: | 8941 | Expiration Date: | 8/1/2002 ea 22 Owner Name: amP ARE Hope hes Lac, Letter #: 3 Building Name: | GULF 5000 CONDO Address: 5000 GULF BLVD, ST PETERSBURG, FL 33706-2401 ~ | 4 eh ‘Was elevator operational? Date of Visit: Time of Visit: | ofarfe Was Certificate Kes) fo found in car? If yes, date of expiration on Certificate: ¢ [ 67 [2002] Corrected Address: SHINE AS AGBNE | Corrected Mailing Address: t New Owner: When | visited this site | observed that the elevator/escalator/dumbwaiter/lift was in operation and did not have a current certificate as required by Chapter 399.07, Florida Statute. DBPR Employees Signature. aay heat — Name (Print): Lacey SLE Title: sa vA ETY SEC. If unable to verify, indicate why: Unable to access building Unable to locate building O Building torn down O Other (explain in comments) Comments: Lie fal Ae an Sit pity et. epee. of ere Person contacted signature: Name (Print): Title: Company Name: : Date: Phone #:(_) LETTER CODES Letter # 1=Exp 8/1/02 not paid 2 years needs inspection Letter# 2~Exp 8/1/02 not paid 2 years passed inspection Letter # 3