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: Dec. 25, 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
Issue Date |
Proceedings |
Jan. 24, 2006 |
Order Closing File. CASE CLOSED.
|
Jan. 20, 2006 |
Joint Motion to Relinquish Jurisdiction filed.
|
Jan. 12, 2006 |
Petitioner`s Witness List filed.
|
Jan. 12, 2006 |
Petitioner`s Exhibit List filed.
|
Dec. 14, 2005 |
Order of Pre-hearing Instructions.
|
Dec. 14, 2005 |
Notice of Hearing (hearing set for February 10, 2006; 9:30 a.m.; Clearwater, FL).
|
Dec. 05, 2005 |
Response to Initial Order filed.
|
Dec. 01, 2005 |
Election of Rights filed.
|
Dec. 01, 2005 |
Administrative Complaint filed.
|
Dec. 01, 2005 |
Agency referral filed.
|
Dec. 01, 2005 |
Initial Order.
|