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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs REMINGTON PLACE APARTMENTS, 06-000551 (2006)

Court: Division of Administrative Hearings, Florida Number: 06-000551 Visitors: 20
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: REMINGTON PLACE APARTMENTS
Judges: BRAM D. E. CANTER
Agency: Department of Business and Professional Regulation
Locations: Altamonte Springs, Florida
Filed: Feb. 13, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, February 17, 2006.

Latest Update: Dec. 25, 2024
STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. License No. 6903420 — REMINGTON PLACE APARTMENTS License Type 2003 Apartment Alo ; 0 6 S1 Respondent, Case No. 2005048373 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner"), files this Administrative Complaint against REMINGTON PLACE 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 ts, 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 285 LORAINE DR, ALTAMONTE SPGS, FLORIDA 327143322.The malling address of record is REMINGTON PLACE APARTMENTS, at 450 DOUGLAS AVE, ALTAMONTE SPRINGS, FLORIDA 327142506. 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—adrministrative-fine not-to-exeeed-$1,000-poroffense mandatory attendance at Respondents _____ 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 19, 2005 Valétie Freeman, a 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. 0153831 . Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2005. . Received by: Inspector's Signature Operator's Signature _ Title Title Case Number: 2005048373 Form revised 08.13.05 License Type: 2003 Apartment District Number: 04 License Number: 6903420 : REMINGTON PLACE APARTMENTS License Number: 6903420 License Type: 2003 APARTMENT Case Number: 2005048373 Exhibit A “FC" as cited herein references specific provisions 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 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. {tis alleged that on JUNE 17, 2005 AND JUNE 24, 2005 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. 1.13-01 61C-1.004(6)FAC ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS. A. WATER DAMAGE WAS OBSERVED ON THE CEILING OF THE SOFFIT OF THE BALCONY. B. WATER DAMAGE WAS OBSERVED ON THE CEILING AND WALLS OF UNIT 332. * denotes critical violation Exhibit A Case Number: 2005048373 Page 1 License Type: 2003 APARTMENT License Number: 6903420 Page 1 .o STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION wencmmatenan™™” | EXHIBIT B CALLBACK INSPECTION REPORT LEGAL NOTICE Fallure to comply with this Notice may Initiate an administrative complaint that may result In suspension or revocation of your license and fines, 6/24/05 10:20:35 AM Warming NAPG903420 NART Callback Inspection Date and Time Inspection Reason Ucense Number AMERICAN HOSPITALITY ASSOC INC ADMINISTRATIVE COMPLAINT recommended. (407)862-7111 Owner Name Area Code/Telephone Number REMINGTON PLACE APARTMENTS Business Name Inspection Result 208 06/17/2005 Number of Units Requested Callback Date/Time Initial Warning Date 285 LORAINE DR : ALTAMONTE SPGS FL 327143322 Address / City / State / dip / etc. Comments ‘Administrative complaint Issued for fallure to make repairs to 332, Mold hazzard- drywall and ceiling and soffit In need of repair. The fallowing Item(s) have been recommended for Administrative Complaint: iolation: 13-01 Dbserved water damage on the ceiling. Balcony. ‘This violation must be corrected by : 6/24/05. tolation: 13-01 [observed water damage on the celling. Unit 332 observed. This violation must be corrected by : 6/24/05. L a ' AE 6/24/05 = ee Date Signature of Recipient Inspector Signature For further information please contact; Recipient: Sajjad Dewjl Tit Peter A. Curatolo fe Manager Sanitation and Safety Specialist 400 West Robinson Phone: 407 862-7111 St. Orlando, Florida 32801 850 487 1395 OBPR Farm HR 5022-005 STATE OF FLORIDA jorida.com/dbpr EXHI B IT B CALLBACK INSPECTION REPORT LEGAL NOTICE ENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF. HOTELS AND RESTAURANTS Page 2 Lcenge Number NAP’ NAP6903420 Business Name REMINGTON PLACE APARTMENTS Inspection Date 6/24/05 10:20:35 AM Failure to comply with thls Notice may Initiate an administrative complaint that may result in suspension or revocation of your license and fines, [The following Item(s) are in compliance: jolation: 02-04 pers an LP gas tank having a water capacity greater than 2 1/2 Ibs. on a balcony. Unit 253 bldng 5, lolation: 22-05 pss Ice filter with no date on filter. lolation: 30-02 observed no room rate schedule available, Unit 121, Violation: 36-01 ; Dbserved no notice of a telephone surcharge posted near a phone in the guest room. Unit 121, Miolation: 39-08 Phserved a bulld up of dirt/debris In the laundry room. Lint behind machines. DBPR Form HR 5022-005 STATE OF FLORIDA . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS Page t- www. myflorida.com/dbpr LODGING INSPECTION REPORT EXHIBIT B LEGAL NOTICE Failure to comply with this Notice may iniliate an administrative complaint that may result in suspenslon or revocation of your llcense and fines, 6/17/05 10:24:20 AM | Complaint Full NAP6903420 NAPT inspection Date and Time Inspection Reason License Number AMERICAN HOSPITALITY ASSOC INC WARNING: Owner Name . REMINGTON PLACE APARTMENTS Business Name 208 must be corracted by: Inspection Result 06/24/2005 08:00 AM Violations in the operation of your establishment (407)862-7111 Area Code/Telephone Number 01-APR-06 Number of Units Callback Date/Time 285 LORAINE DR License Expiration ALTAMONTE SPGS FL 327143322 Address / City / State / Zip / ete. ler 01; Fire Extinguishers {tem 12: Balcony Certification A Class ABC type Fire Exlinguisher, found infat Managers olfice nas a cenification date of 4/05. A Ctass ABC type Fire Extinguisher, found infat Ouiside unit 121, has a certificallon dale of 4/05 A Class ABC type Fire Extinguisher, found Infat ‘uiside unit 332, has @ cenilication date of 305 tem 03; Sprinklers and Standpipe ltem 04; Alarm Systems: N/A Certification Date: 3/27/03 es ee NOTE: |tems marked above with an aslerisk (*) indicate a violation inspector's Comments bout it, Unit 101 Room rate/phone surcharge/smoke detector complied, _ jasrer RR 5/14/04, ] acknowledge Tecelpt of this Inspection form and comments. This is complaint number 2005032101, Inspection number 1134790 wherein it Is alleged that there ts a roof !eak and management has done nothing Unit 121 smoke detector complied. Advised, unit 332 has water damage an the celling and walls - warning issued, 17/05, yea ee ate Date , Signature of Recipient Inspector Signature Recipient: Saljid Dewijl For further information please contact: Title Manager Eunnion and Sefaly Special y Specialist 400 West Robinson Si. Phone: 407 862-7111 Gaara, Fie 32801 STATUS SAFETY. STATUS SAFETY. Yes "01 Fire extinguisher/standpipe systems Yes "12 Balcony, railing safety; maintalned No *02 Fre Hazards No 43 Bullding repair Yes 03 Sprinkler system Yes "14 Proper tocking devices Yes "04 Smoke detectors; fire alarm systems STATUS SANITATION | Yes 5 Smoke detectors; hearing Impatred Yes 15 Bathrooms; public; guest; supplies Yes °06 Exits; obstructions, exit signs, emergency lights Yes 16 Water source safe; hot/cold provided Yes "07 Electrical Defictencles Yes 47 Bedding: bed linens, towels {Yes 708 Boller, baller room Yes 18 Household furnishings Yes *09 Lighting: public, quest rooms Yes 49 Plumbing Yes “10 Adequate heating Yes 20 Ventilation 7 Yes “17 Appliances properly Installed; maintained Yes *21 Toxles; storage, use Violations marked with an aslerisk are crllicat violallons. tems marked YES are in compliance. Items Marked NO are violations. Specific details of violation are listed on subsequent pages. lems marked N/A are Not Applicable. Items Marked as N/O are Not Observed, and were not being conducted al the time of inspection. DBPR Form HR 5022-014 Page 2 STATE OF FLORIDA License Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION NAPT — NAP6903420 EXH | B iT DIVISION OF HOTELS AND RESTAURANTS Business Name www myflorida.comidbpr REMINGTON PLACE APARTMENTS LODGING INSPECTION REPORT reas 1a 4:20 AM LEGAL NOTICE “on Fallure to comply with this Notice may Inflate an administrative complalnt that may result In suspension or revocation of your license and fines. STATUS: SANITATION STATUS CONSUMER PROTECTION | No *22 Ice protection Yes 34 Licensee; criminal conduct Yes ‘|-23 Glassware; tableware; utensils sanitized Yes 35 Florida Clean Indoor Air Act Yes *24 Vermin control No 36 Telephone surcharge posted Yes ___|25 Premises maintained Yes {37 Guest Register Yes 26 Garbage and refuse disposal STATUS GENERAL Yes *27 Sewage and waste water disposal Yes "38 Current license, displayed, available upon request STATUS CONSUMER PROTECTION INo [a9 Housekeeping | Yes *28 Advertisement : Yes lao Other conditions, safe, sanitary Yes 29 Guest property; liability, notified Yes 41 Pasting operator service Information No 30 Room rate schedule Wes 42 Blocking operator access Yes 31 Room rates posted es 43 Copy of Ch. 509, FS: available Yes 32 Security deposit STATUS INFORMATION 1} Yes *33 Unethical business practice; overbooklng Yes 44 Hospitality Education Program Information provided Violatians marked with an asterisk are crillcal violations, items marked YES are in compliance, Items Marked NO are violations. Specific details of violation are listed on subsequent pages. lems marked N/A are Nat Applicable, !tems Marked as N/O are Not Observed, and were nol beIng conducted at Ihe time of Inspection, Waming{s): 13-01 - Observed water damage on the celling. Unit 332 observed. This violation must be corrected by : 6/24/05, 13-01 - Observed water damage on the celling. Balcony. This violation must be corrected by ; 6/24/05. i ne Viotation(s): 02-04 - Observed an LP gas tank having a water capacity greater than 2 1/2 Ibs. on a balcony, Unit 253 bldng 5. 22-05 - Observed Ice filter with no date on filter. 30-02 - Observed no room rate schedule available, Unit 121, 36-01 - Observed no notice of a telephone surcharge posted near a phone in the quest room. Unit 121. 39-08 - Observed a build up of dir/debris In the laundry room. Lint behind machines, IBPR Form HR 5022-014

Docket for Case No: 06-000551
Issue Date Proceedings
Feb. 17, 2006 Order Closing File. CASE CLOSED.
Feb. 16, 2006 Notice of Voluntary Dismissal filed.
Feb. 13, 2006 Administrative Complaint filed.
Feb. 13, 2006 Election of Rights filed.
Feb. 13, 2006 Agency referral filed.
Feb. 13, 2006 Initial Order.
Source:  Florida - Division of Administrative Hearings

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