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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs PETER R. LORIE, 06-001091 (2006)

Court: Division of Administrative Hearings, Florida Number: 06-001091 Visitors: 33
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: PETER R. LORIE
Judges: P. MICHAEL RUFF
Agency: Department of Business and Professional Regulation
Locations: Heathrow, Florida
Filed: Mar. 27, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, April 12, 2006.

Latest Update: Dec. 24, 2024
STATE OF FLORIDA DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ve. Petitioner, a) lo . { 0) q ( PETER R LORIE License No. 5807880 (expired) Respondent. License Type 2003 Apartment / Case No, 2004044956 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against PETER 'R LORIE, ("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 an establishment subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is SOPHIE BLVD, ORLANDO, FLORIDA 32828,The mailing address of record is PETER R LORIE at 300 SADDLEWORTH PL, HEATHROW, FLORIDA 327464346, 3. A review of the licensure records of the Division of Hotels and Restaurants reveals that the licensure for this establishment has expired; however, the establishment has continued to operate, in violation of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto. 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 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 09, 2004 Valerie Freeman, 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. 0153834 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 , 2004. Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2004044956 Form revised 7/27/04 License Type: 2003 Apartment : District Number: 04 License Number: 5807880 (expired) License Number: 5807880 License Type: 2003 APARTMENT Case Number: 2004044956 Exhibit A "FC" as cited herein references specific provisions of the 1999 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. Itis alleged that on Auqust 10, 2004 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 a, reference as Exhibit B. . * 4, 38-02 509.241(1) & (2) FS & 61C-1.002(6) FAC LICENSES; ANNUAL RENEWALS. EACH PUBLIC LODGING ESTABLISHMENT SHALL OBTAIN A LICENSE FROM THE DIVISION. SUCH LICENSES MAY NOT BE TRANSFERRED FROM ONE PLACE OR INDIVIDUAL TO ANOTHER. LICENSES SHALL BE RENEWED ANNUALLY. APPLICATION FOR LICENSE. EACH PERSON WHO PLANS TO OPEN A PUBLIC LODGING ESTABLISHMENT ...SHALL APPLY FOR AND RECEIVE A LICENSE FROM THE DIVISION PRIOR TO THE COMMENCEMENT OF OPERATION. A CONDOMINIUM ASSOCIATION, AS DEFINED IN S. 718.103, WHICH DOES NOT OWN ANY UNITS CLASSIFIED AS RESORT CONDOMINIUMS UNDER S. 509.242(1)(C) SHALL NOT BE REQUIRED TO APPLY FOR OR RECEIVE A PUBLIC LODGING ESTABLISHMENT LICENSE. IT IS THE RESPONSIBILITY OF THE LICENSEE TO RENEW THE LICENSE PRIOR TO THE EXPIRATION DATE. ANY PUBLIC LODGING ESTABLISHMENT OPERATING ON AN EXPIRED LICENSE IS DEEMED TO BE OPERATING WITHOUT A LICENSE, AND SUBJECT TO THE PENALTIES PROVIDED FOR THIS OFFENSE IN LAW AND RULE. ; THE ESTABLISHMENT WAS OPERATING WITHOUT A CURRENT LICENSE FROM THE DIVISION OF HOTELS AND RESTAURANTS. THE LICENSE EXPIRED APRIL 1, 2003. * denotes critical violation : Exhibit A Case Number: 2004044956 Page 1 License Type: 2003 APARTMENT License Number: 5807880 — vv ie DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Division of Hotels and Restaurants CONTROL NUMBER INSPECTOR LEGAL NOTICE LODGING INSPECTION REPC Collective Dwelling of Bldg, RY | Nontransient Rooming Ha County | Fle Nunber EO Saeeag ort O qT Z¥o © { @® Nontranslent Apartment [xu E RX] SURREAL ESEE SE OB © Hotel SBABaaeae Qe © Motet SOS g|s]/ ag © Translent Rooming Hous BEB oa0g Ba Bea © Individual Condo Beoogag a@ Ss hi Vv (Individual Dwetting = 200 \e, d ow ar Zi (Opional ©) Transtent Apartment . (0 Group Concia © C | an na © SBAI (2 Group Dwalling County Na, No. of Units (© Collective Condo iam) oO oa Bed & Breakfast INSPECTION REASON ' . Fallure to comply with this Notice may initiate an \ ito 2. Lo 1 Aoutina administrative complaint that may result in wo BS mm at ron) 30 c mplal t « Suspension or revocation of your license and fines 10 a0 o ni 3 Be Be 4 (Information INSPECTION RESULTS | @ i & : ANY VIOLATIONS noted herein must be w wm aw DISPOSITION corectad by the NEXT ROUTINE INSPECTION. 7a - 7 5 Violations in the operation of your te) establishment must be corracted by: @ 3 Ga @ Date; ——-________ Time: —.__—___ CJ fi) 3 8% ADMINISTRATIVE COMPLAINT recommended = @ based upon repeated violations(s). Ls] Seasonal tu) & EMERGENCY ORDER recommended based upon violations that are a severe and immediate threat to the public. iM 2423. - BALCONY, CERTIFI Expiration Date NOTE: ITEMS IN RED AND MARKED WITH: _AN ASTERISK ARE OF CRITICAL CONCERN “AND MUST BE CORRECTED IMMEDIATE ; See reverse side for explanation of citations. M319 20 10 19 "02 1209 220) 32 42 8. CIRCLED ITEMS ARE IN VIOLATION M2 sO aN aD a ae COMMENTS 0D 4 AO 4a 2 03° Do 2 6 ao sO a 069 160 2602 36 w 070 170 270 3970 g o8f3 1809 ‘2803 *30ge 5 of 1988 290] 380} . 3S Oo 2M 90 0 2. ADDITIONAL COMMENTS ON ATTACHED COMMENT SHEET : oy acknowledge receipt of this Inspection form and comments. REMINDER: Your license expires . Recipients Name {PLEASE PRINT) rofed mail Recipient's os 7 00{oS$d osol Ais 331¥ Recipient's Signature Date Shiolo¥ Establishment Telephone Date and Time Mh- te 3957 EXHIBIT B DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Division of Hotels and Restaurants Control Number 53 ; 733 a COMMENTS SHEET Rts Apts ey 2 Addendum to DBPR Forms HR 5022-005, 5022-014, 5022-015, 5022-082, or 5022-083. For comments to. ‘the Lodging, Food Service, or. HACCP_Inspection; Cali Back/Reinspection Report, or HACCP Plan. - ";) . ; “ . . rat ~ . / Q ~~ —oree “2D ALS 2 tare cl Od LNn0 AD re ; - “). s av Suse afi éflos €32).00 end Jo Bas \ frrQusc ed AAS Ltic ded Pons Clarice Lay ; Zz ; Lin [50 H1SOS 7 — BL 10/ ox Bais Boh DBPR Form HR 5022-042 . MyFlorida.com www.hospitalityeducation.com Revised 2001 July 27

Docket for Case No: 06-001091
Issue Date Proceedings
Apr. 12, 2006 Order Closing File. CASE CLOSED.
Mar. 31, 2006 Joint Motion to Relinquish Jurisdiction filed.
Mar. 27, 2006 Administrative Complaint filed.
Mar. 27, 2006 Election of Rights filed.
Mar. 27, 2006 Agency referral filed.
Mar. 27, 2006 Initial Order.
Source:  Florida - Division of Administrative Hearings

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