May 15 2006 12:49 DEPR OGA PAGE 5/11 @5/15/ 2086 88:45 8584146749 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION . DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Patitioner, Vs, SANTA LUCIA LAKE MOTEL Cones Wwe 2000 Respondent, Case No. 2008003889 f ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against SANTA LUCIA LAKE MOTEL, (“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 724 MINNESOTA AVE, ST CLOUD, FLORIDA 347693204.The mailing address of record is SANTA LUCIA LAKE MOTEL, at 2750 MEETING PLACE, ORLANDO, FLORIDA 92814. 3. Inspection of this establishment conducted pursuant to Seo. 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: 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 fo this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed January 24, 2006 > Valerie pts 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 Fiorida Bar No, 0183831 Department of Business & Professional Regulation 1940 North Monroe Streat Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 1 HERESY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2006. Received by: Operator's Signature Inspector's Signature Title Title Case Number: 2006003889 form mained 98.06.08 I Type: 2004 Rooming Howse istrict Number. . cenge Norn 8 : SANTA LUCIA LAKE MOTEL License Number; 6900756 May 15 2006 12:49 @5/15/ 2086 88:45 85841 DEPR OGA PAGE 46/11 Exhibit A License Number: 8900756 Lense Type: 2004 ROOMING HOUSE Case Number: 2005003889 FC a8 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 herain references specific provisions of the National Fire Protection Association Life Safaty Code, incorporated by reference at Chapter 44-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. * denotes a critical violation. It is alleged that on OCTOBER 18, 2005 AND DECEMBER 7, 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) sre attached hereto and incorporated by reference as Exhibit B. * 4.07-07 NFPA 10,1-6.10 INNO CASE SHALL THE CLEARANCE BETWEEN THE BOTTOM OF THE FIRE EXTINGUISHER AND THE FLOOR BE LESS THAN 4 INCHES (10.2 CM) THERE WAS A FIRE EXTINGUISHER ON THE GROUNDIFLOOR BY ROOM 2B. * 2.06-02 64C-1.004(10) FAG MEANS OF ACCESS MUST PERMIT UNOBSTRUCTED TRAVEL AT ALL TIMES AND BE MAINTAINED FREE OF OBSTRUCTIONS THERE WAS AN UNAPPROVED LOCKING DEVICE ON THE EXIT DOOR FOR ROOM3C. * 3.06-04 61-01.004(10) FAC EXITS SHALL BE CLEARLY MARKED WITH APPROVED ILLUMINATED EXIT SIGNS. THE EXIT SIGN BY THE LAUNDRY ROOM DID NOT ILLUMINATE OR FUNCTION WHEN TESTED. 4. 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. THERE WAS ROTTED WOOD ON THE BACK SOFFIT FRAME BOARD. B. THE BATHROOM WALL WAS IN DISREPAIR. §. 15-07 B1C-1,004(2)(A)FAG BATHROOM FACILITIES SHALL BE KEPT CLEAN, IN GOOD REPAIR AND FREE FROM OBJECTIONABLE ODORS. [EXEMPTION-61G-1,004(2)(E)FAC: RESORT CONDOMINIUMS, NONTRANSIENT ESTABLISHMENTS AND RESORT DWELLINGS ARE EXEMPT FROM THE PROVISIONS OF THIS SUBSECTION.) A, THERE WAS A MOLD LIKE SUBSTANCE ON THE BATHROOM WALL. B, THE BATHROOM FLOOR WAS SOILED. * denotes critical violation Case Number: 2006003889 District: o4 License Number: 5900756 License Type: 2004 SANTA LUCIA LAKE MOTEL TOT cee cement ae oa fe aero me teh ose eam ee oa @5/15/ 2086 88:45 8584146749 May 15 2006 12:49 DEPR OGA PAGE 7/11 Page 1 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL, REGULATIBRW TIT B ] T DIVISION OF HOTELS ANP RESTAURANTS war. mryflorida.com /dbpr CALLBACK INSPECTION REPORT LEGAL NOTICE Failure to comply with this Notice mey Initiate an adminixtrative compinint that may result in suspension or revocation of your Hoenae and fires, 12/7405 9:27:17 AM Warming . TRMSS00756 TRMH Callback Inspection Date and Time Thepaction Reason License Number WORLEY CLAYTON ADMINISTRATIVE COMPLAINT recommended, | © --(407)892-4n48 Owner Nanne ' Area Codey Telephone Nuriber SANTA LUCIA LAKE MOTEL Businesa Narre Inspection Resut 20 10/18/2005 Nurmber of Units Requested Callback Date/Time Initial Warning Dete 724 MINNESOTA AVE 1 . ST CLOUD FL 347693204 Address 7 Chy 7 State Jip 7 etc. Comments current inspection report for alarm panal to Inspector Wright at 4073177839, far At time of routing Inspection fire alarm panel was not observed. Call back inspection revealed fire alarm panel with expired tag dated Atty 2004,Fax 2 copy administrative complaint Is requested for vislatons not In complance from 10/18/2005 routine Inspection. e following Kem{s) have been recommended for Administrative Complaint: lolation: 01-07 , beerved a fire extinguisher on the graund/Roor by room 28,CB NOT COMPLIED lation: 06-02 bsarved a hasp/unapproved locking device on an exit door on reem 3C.GB NOT COMPLIED falation: 0604 Oi pe Date Signature of Raclplant Inspector Signature Reciplent: i rt or further information please contact: ‘ Nerfina Weight, San. Saf. Spe. Title mall 400 W. Rebinson St. N, Tower Suite 602, Orlande Fl . 32801 Phone: 70051160000844936135 : 25487-1395 DBR Form HR 5022-005 May 15 2006 12:50 11 @5/15/ 2086 88:45 a5a41 46745 DEPR OGA PAGE ae Page 2 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESIONAL REGULATION Meense Number DIVISION OF HOTELS AND RESTAURANTS TRMH —-TRMSGOD756 EXH| BIT B wweramyfioride.com/dbpr Business Natre . CALLBACK INSPECTION REPORT SANTA WUCTA LAKE MOTEL LEGAL NOTICE Thepection Date AR/F{OS 9:27:17 AM Fallure to comply with this Notice may initiate an sdmintotentive conspiaint that nay result in suspension or revocation of your feats and Fines. . rotted wood on the back fratne board,CB NOT COMPLIEO lolation: 15-04 bsarved the bathroom: wall in dirrapair,CB NOT COMPLIED Maton: 15-06 a bathroom fiture(s) that io net clasnabte. CB NOT COMPLIED jotation: 15-07 [Observed @ mold-tion eubstaics on the bathroom wall,Cis NOT COMPLIED Motation: 15-07 bearved tha athroorn Floor solled.Ch NOT COMPLIED ioletion: 15-10 , ‘one public bathroom provided for mate and female to phar’ for guests that do not have & private or connecting bathraom,CH NOT COMPLTED Micfation: 24-02 bobserve lve spiders through out the Interfor of the bulleing.c8 NOT COMPLIED Wiolation: 38-03 brerved no license displayed in the office/lobby.CB NOT COMPLIED oe B01 ved © copy of Chapter 509, F.5. not avaliable.ce NOT COMPLIED following Item(s) are in compliance: lation: 19408 ; no baekflow praventer on a hose bibb.C5 COMPLIED OBPR Form HR 5022-005 May 15 2006 12:50 @5/15/ 2086 88:45 8584146749 DEPR OGA PAGE 9/11 Oe Aa Pesce salt Rikteoe ¢epame ee encase mete STATE OF FLORIDA DEPARTMENT OF BLISINESS AND PROFESSIONAL REGULATION Page 1 DIVISION OF HOTELS AND RESTAURANTS vow. myflorida,comdbpr ‘ LODGING INSPECTION REPORT EXHIBIT B Sa LEGAL NOTICE Fallure ts comply with thla Notice may initiate an admintetative complaint that may result In suspension or evodatlon of your fleanse and fines. ma BIDS 2:42:44 PM Routine 5900756 TRMH Inspection Cate and Time inspection Reason’ WORLEY CLAYTON Ve = ‘renge Number Owner Name Vicistlona in the operation of your ealabllahment 40 7)892-4 848 “SANTA LUCIA LAKE MOTEL must ba corrected by: Avea Code/Telephone Number Business Name Inspection Result 1118/2005 OB:00. AY 4iti0b Nuinber of Units Callback Date/Time License Expiration 724 MINNESOTA AVE ST CLOUD FL 347693204 Address / City / State / Zip / ate. Item 01: Fire Extinguishers {rarn 93; Sprinklars and Standpipe | ttam_ 04: Alarm Systams [ jtem 12: Balcony Cariliication A Glass ARC lype Fite Extinguisher, foustd in/at iiichon haa & erlficaton glee of ano Flre siarm system Certification Date: not required,one story Blog NOTE; Items marked above with an asterisk (") indicate # violation Inspectors Comments . Oo Manager on site, exterior Inspection. Previded Wab Site: www myftorida com/dbpr lacknowledga recelpt of this Inspection fart and comments, Ores ; : i Date Signature of Racipient Inspector Signature Recipient; . For further Information please contact: Norling Wright, San. Saf, Spo, : Title M7001 1140000439670647 : 400 W, Roblngon SL N-Towar Sulte BO2, Orlando FI S260} Phone: BEOH71995 STATUS |. sary stars ____sarery od Ne “01 Fire extinguisher/standpipe systems yes "12 Raleony, ralling safety; maintained 13 Byliging repair prinkler system "14 Proper locking devicas SANITATION *04 Smoke detectors: fire alarm systems *05 Smoke detectors; hearing lmpalred 35 Bathrooms: public; quest; supplies No "OG Exits: obstructions, exit signs, emergency lights Yes M16 Water source sate; hot/tald provided *07 Electrical Deficiencies Yes 17 Bedding: bed linens, towels "08 Ayiler, boiler mom Yas 18 Household furnishings | *09 Lighting: public, quest rooms No 79 Plumbing | 710 Adequate healog Yer 20 Vantitation at Appliances properly Installed; maintained Yea *21 Toxics; storage, use Violations marked wilh an asterisk are ctitiéal violations. heme marked ‘YES are in compliance. items Marked NO are viglationgs, Specific detaila of violadon ore listed on subsequent pages, lems marked N/A pre Nol Applicable. fam Marked as A/O ate Nol Observed, and ware not balng conducted at the ime of inspection, OSPR Form HR 5022-014 @5/15/ 2086 Ge: 45 8584146749 May 15 2006 12:50 DEPR OGA STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION EXHIBIT B'cecormsmeneranees PAGE Page 2 License Number TRMH = 5800756 Business Name SANTA LUCIA LAKE MOTEL 7 LODGING INSPECTION REPORT inspection Date LEGAL NOTICE . 10/18/05 2:42:44 BY Fallure to comply with this Notice may Initlata an administrative complaint that may resutt In suepension ar ravecation of your license and fines. STATUS SANITATION STATUS _| CONSUMER PROTECTION Yas "22. \ce protection Yes. 94 Licansea; criminal conduct fas 23 Glaseware: tableware; utensils sanitized Yes 35 Florida Clean Indoor Air Act Yes | Yes 28 Advertisement No “24 Vermin control 36 Telaphone surcharge posted yes 23 Premises maintained pres 37 Guest Register Vi ", 5 26 Garbage and retuse disposal STATUS GENERAL yes “27 Sewage and waste water disposal ho "38 Current license, displayed, avaliable upon request STATUS CONSUMER PROTECTION 39 Housekeeping 7 Yes 29 Guast property; lability, notified Ye 41 Posting operator service Information Yee es ho Other conditions, safe, sanitary 7 Yes Violations marked wilh an aateriak are erica! violatlons. tame Iarked YES are in compliance. llems Marked NO are viclations, Spacitic datalle of viotation are lisled on subsequent pages, tems marked N/A are Noi Applicable, Items Marked as N/O are Not Observed, and were nol belng condueted al the ime of Inapectan, Warning(s): 01-07 - Observed a fire extinguisher on the groundifloor by room 2B. D6+04 - Observed an exit sign that 1s not liluminated/nat functloning when tested by the laundry room, 06-02 - Observed a hesp/unapproved locking deviea on an exit door on room 3C, 13-01 - Observed rotted wood on Ihe back frame board, 13-04 - Observed the bathroom walt In disrepair. 15-10 - Observed ong public bathroom provided far male and female to share for Quasts that do not nave a private or connecting bathroam. 15-06 - Observed 9 bathroom fttura(s) that is not claanable. 15.07 - Observed the bathroom floor solled. 15-07 - Observed a molchlike substance on the bathroom wall. 19-04 - Observed no backflow prevantar on a hose Bibb, 24-01 + Observed live spiders through out the interior of the buliding 98-09 - Observed no license displayed In the officevlobby, 43-11 - Observed 2 copy of Chapter 508, FS. not avaliable, DBPR Fotm MR S022-07¢ Yeo 30 Room rate schedule 142 Blocking operator access Yes 31 Room rates posted INe 3 Copy of Ch. 509, FS: avaliable Yes 32 Security deposit STATUS INFORMATION pres “33 Unethical business practive; overbooking pres 44 Hospitality Education Program information provided | 1a/1l @5/15/2886 88:45 8584146749 May 15 2006 12:50 DEPR OGA PAGE 11/11 EXHIBIT B | SENDER: COMPLETE THIS § @ Cornplete Items 1,2, and 3. Alen complate tern 4 If Restvicted Deilvery Is desirad, ™ Print your name and addres on the reverse 80 that we can retum tha card to you, i Attach this card to tha back of the mailpiaca, or on the front I! space permits, 1. Article Actiroeaed to: Clayton UD H COMPLETE THIS SECTION ON DELIIERY D Agent } [ee ¢ ; i Aggria BYRocelved by (Printed Name} G. Date of Giniyé nj [ree | DIE 65 67 & “D. 18 delivery ddcraas eiferant fram item 1? Ld Yao ff YES, antar delivery addres below: ==. Ne 3. Service Type Certified Mall =) Exprean Mait : 2) Ragistarad D2] Rotum Racaint for Marchand i incurs’ Mal OO O.0.p. _ 2. Artitie Nlimber, 2. j (Treneter rom service tbat Pov fp

Docket for Case No: 06-001783