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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs CENTRAL PARK APARTMENTS, 05-004369 (2005)

Court: Division of Administrative Hearings, Florida Number: 05-004369 Visitors: 17
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: CENTRAL PARK APARTMENTS
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Business and Professional Regulation
Locations: Clearwater, Florida
Filed: Dec. 01, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, January 24, 2006.

Latest Update: Oct. 06, 2024
Dec 1 2005 13:19 12/a1/2885 13:14 8584146749 DEPR OGA PAGE @4/@5 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION.OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. License No. 6206580 CENTRAL casei iia License Type 2003 Apartment e@spon i : Case No. 2005049310 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Patitioner’), files this Administrative Complaint against CENTRAL PARK 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 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 200 AUBURN ST, LARGO, FLORIDA 337705401 .The mailing address of record is CENTRAL PARK APARTMENTS, at 28050 US 19 N SUITE #100, CLEARWATER, FLORIDA 33761. : 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 hersin 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 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 September 23, 2005--"-~ a [A © JpeBer , District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professiorial Regulation COUNSEL FOR THE DEPARTMENT. Charles-F Tunnicliff, Lead Attorney Florida Bar No. 0153834 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE canara BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: _Qipgaicsan edcinty RECORD! | HEREBY CERTIFY that a true and correct copy of the foregaing ADMINISTRATIVE COM PLAINT has been r Gertitied Article Number sais ars Ad: " hand setved by me on this day of , 2005. Received by: Inspector's Signature Operator's Signature Title Title Form revised 08.13.05 Distrlel Number: 03 CENTRAL PARK APARTMENTS ase Number, 2005049310 License Type: 2003 Apartment License Number: 6206580 Dec 1 2005 12/a1/2885 13:14 8584146749 DEPR OGA PAGE 85/85 License Number: 6206580 License Type: 2003 APARTMENT Case Number: 2005049310 Exhibit A “FC” as cited herein references specific pravisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code. "NFPA" as clted 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 July 27, 2005 and September 9, 2006 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 raport(s) for the above referenced inspection(s) are attached hereta and incorporated by reference as Exhibit B. * 41.01-09 NFPA 10,1-6.2 PORTABLE EXTINGUISHERS SHALL BE MAINTAINED IN A FULLY CHARGED AND OPERABLE CONDITION OBSERVED A FIRE EXTINGUISHER PRESSURE GAUGE INDICATING THE EXTINGUISHER (8 IN NEED OF RECHARGE ( BY UNIT 11). : . * 204-10 NPPA727-3.2 AND TABLE 7-3.2 TESTING SHALL BE PERFORMED IN ACCORDANCE WITH THE SCHEDULES iN CHAPTER 7 OR MORE OFTEN IF REQUIRED BY THE AUTHORITY HAVING JURISDICTION. IF AUTOMATIC TESTING 1S PERFORMED AT LEAST WEEKLY BY A REMOTELY MONITORED FIRE ALARM CONTROL UNIT SPECIFICALLY LISTED FOR THE APPLICATION, THE MANUAL TESTING FREQUENCY SHALL BE PERMITTED TO BE EXTENDED TO ANNUAL. TABLE 7-3.2 SHALL APPLY. ALL COMPONENTS MUST BE. TESTED UPON ACCEPTANCE AND AT LEAST ANNUALLY. OBSERVED THE FIRE ALARM PANEL WITH AN EXPIRED INSPECTION TAG, TAGGED 05/04. 3. 26-22 5-501.11FC OUTDOOR STORAGE SURFACE. AN OUTDOOR STORAGE SURFACE FOR REFUSE, RECYCLABLES, AND RETURNABLES SHALL BE CONSTRUCTED OF NON-ABSORBENT MATERIAL SUCH AS CONCRETE OR ASPHALT AND SHALL BE SMOOTH, DURABLE, AND SLOPED To DRAIN. OBSERVED AN OUTDOOR GARBAGE OUMPSTER ON OPEN GROUND. * denotes critical violation Exhibit A Case Number: 2005049310 Page 4 License Type: 2003 APARTMENT License Number: 6206580

Docket for Case No: 05-004369
Source:  Florida - Division of Administrative Hearings

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