Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: REID-HART RENTALS
Judges: LAWRENCE P. STEVENSON
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Jul. 03, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, September 8, 2006.
Latest Update: Dec. 23, 2024
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STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS.
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Petitioner,
Ve.
License No. 5804100
REID-HART Roepe dent License Type 2003
spon , . Gase No. 2006005524
. ADMINISTRATIVE COl IN
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against REID-HART RENTALS,
(‘Respondent’), and says:
1. Petltioner is the state agency charged with regulating the operation of public lodging establishments and
public food service establishments, pursuant to Section 20.185 and Chapter 509, Fiorida 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 13312 E HWY 50,
WINTER GARDEN, FLORIDA 347873955. The maillng address of record Is REID-HART RENTALS, at
6832 GOLDENEYE DR, ORLANDO, FLORIDA 328106090. ;
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 desoribed in Exhibit'A,”
attached hereto and incorporated herein by reference. Inspection documents are attached as-Exhibit"B",
incorporated herein by reference.
WHEREFORE, Petitioner respectfully requasts 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 Pragram;
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 February 01, 2006 1 ope
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, Laad 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: 2
| HEREBY CERTIFY that 4 true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been
hand served by me on this, day of , 2006.
Received by:
Inspector's Signature Operator's Signature
Title Title
. fase Number, 2006005524 : rn revised ard
Lk Type: 2003 Apartment . jstrint Nurbar:
conga Num ‘ REID-HART RENTALS
License Number; $804100
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Exhibit A
License Number: 6804100
Licanse Type: 2003 APARTMENT
Case Number: 2006005524
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
Safaty Coda, incorporated by reference at Chapter 44-3, Fire Prevention, General Provisions, Florida
Administrative Code, and 61C-1.004(5), Florida Administrative Code.
itis alleged that on JULY 26, 2005 AND DECEMBER 15, 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 repori{s) for the above referenced Inspection(s) are attached herato and
incorporated by reference as Exhibit B.
*4.01-10 NFPA 10,4-4.1 FIRE EXTINGUISHERS SHALL BE SUBJECTED TO MAINTENANCE NOT
MORE THAN ONE YEAR APART
ONE FIRE EXTINGUISHER HAD AN EXPIRED TAG AND ONE HAD NO TAG.
* 2.01-03 61C-1.004(9)(A)FAG FIRE EXTINGUISHER INSTALLATION — FIRE EXTINGUISHERS
SHALL BE INSTALLED IN ACGORDANGE WITH NFPA 10, STANDARD FOR PORTABLE FIRE
EXTINGUISHERS, [LOW] HAZARD . LOCATIONS INCLUDE GUEST ROOM AREAS OF HOTELS/MOTELS,
ETC. [THESE LOCATIONS SHALL BE PROTECTED BY THE INSTALLATION OF POTABLE FIRE
EXTINGUISHERS WITH A MINIMUM RATING OF] 2-A10BC PROVIDED FOR EACH 3000 SQUARE FEET
OF FLOOR SPACE ON EACH LEVEL AND INSTALLED SO THAT THE TRAVEL DISTANCE TO ANY
EXTINGUISHER SHALL NOT EXCEED 75.FEET. ON EACH FLOOR LEVEL, THE AREA PROTECTED AND .
THE TRAVEL DISTANCES SHALL BE BASED OF FIRE EXTINGUISHERS INSTALLED IN ACCORDANCE
WITH TABLES 3-2.1 AND 3-3.1. .
THE FIRE EXTINGUISHER WAS NOT THE CORRECT SIZE.
*3.04-01 61C-1.004(5)FAC ALL FIRE SAFETY, PROTECTION AND PREVENTION EQUIPMENT:
MUST BE INSTALLED, APPROVED, MAINTAINED AND USED IN ACCORDANCE WITH CHAPTER 509, FS
AND THE NATIONAL FIRE PROTECTION ASSOCIATION LIFE SAFETY CODE GHAPTER 101, AS
ADOPTED BY THE DIVISION OF STATE FIRE MARSHAL IN CHAPTER 44-3, FAC,
THE SMOKE DETECTOR WAS NOT FUNCTIONING IN APARTMENT 49 WHEN TESTED.
4.13-04 61C-1,.004(2A)FAC THE WALLS, CEILINGS, AND FLOORS OF ALL BATHROOMS SHALL
BE KEPT IN GOOD CONDITION. [EXEMPITION--81G-1.004(2)(E)FAC: RESORT CONDOMINIUMS,
NONTRANSIENT ESTABLISHMENTS AND RESORT DWELLINGS ARE EXEMPT FROM THE PROVISIONS
OF THIS SUBSECTION}
THE SHOWER FLOOR IN APARTMENT 49 WAS IN DISREPAIR.
5. 19-04 5205.15FC SYSTEM-MAINTAINED IN GOOD REPAIR, A PLUMBING SYSTEM SHALL BE:
(A) REPAIRED ACCORDING TO LAW; AND (B) MAINTAINED IN GOOD REPAIR.
THERE WAS ALEAK UNDER THE BATHROOM AND KITCHEN SINKS IN APARTMENT 49.
“ denotes critical violation
Case Number: 2006005524 . , District: 04
License Number: 58044100 License Type: 2003
REID-HART- RENTALS
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Page 1
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS EXHI BITB
enw. myflorida,cenm/dbpr
CALLBACK INSPECTION REPORT
LEGAL NOTICE
Fafure to compiy with this Notice may InRiate an administrative ‘complaint that may result In suspemilon or hewocrHon of your Boones
and fines,
12/15/05 3:24:41 PM Warning NAPSEO4100 RAPT
Caliback inspection Oats and Time ifspection Reason License Nuriber
REID-HART SR AINSLEY 5 TNISTRATIVE COMPLAINT recommended, (40795216054 :
Qwner Name Area Code/Telephone Number
RETD-HART RENTALS
Business Narre inspaction
16 : 07/28/2005
Number of Units Requested Callback Date/Time Inttial Warning Date
13342 E HWY 50 : WINTER GARDEN FL 347873955
Address f City / Stata f Zip / ete.
Comments
Ln
The fallewing Item(s) have bei recommended for Administrative Complaint:
Nofatian: 01-10 ‘
Dteorved a Fire extinguicher without # tag, been discharged, and in addition the wrong gite This violation must be corrected by : 08/15/05. SEE ABOVE FOR FAX
FORMATION.
otation: 01-10
ibearved an expired fire extinguisher tag Ih apartment 49. Tag reading 09/82, In addition, the fire extinguisher It tha wrong size, must be minimum 2A10BC. This
clation must be corrected by : 08/24/05. Qwner must FAX SERVICE INVOICE OF THE PROPER SIZE FIRE EXTINGUISHER FROM A REPUTABLE FIRE
NGUISHER SERVICE COMPANY TO 407-317-7839, ATTENTION HENRY CRISTWELL BY THE ABOVE DATE
a . |
. Men Wi
Date Signature of Recipient Ingpactor Signature
Reciplent For further Information please contact:
Henry Crictwell
Title Sanitation and Safety Specialist 400 W, Robinson St.
Phone: Sta 802M Orlando FL 32801
850-487-1395
DBPR Form HR 5022-005
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Page 2
STATE OF FLORIDA fe
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ee wapsso4tnn
DIVISION OF HOTELS AND RESTAURANTS
EXHIBIT B www, myflorkda.com /dbpr ; Business Name
REID-HART RENTALS
CALLBACK INSPECTION REPORT Inspection oxte
12/18/05 3:24:41 PM
Failure to comply with this Notice may initiate an administrative conmpiaint that may result in suspenaion or revocation of your ficense
and fines.
Miolation: 04-01
Dbeerved a smoke detector not functioning when tested in spartnents 49 and 54. This violation must be corrected by : 08/15/05. PROOF OF REPAIR MUST FAXed
THE ABOVE NUMBER ALSO, . : :
otation: 1-04
Observed the bathroom shower floor In disrepair in apt Humber 49, must ba repaired,
Violation: 1604 :
Pbserved 4 teak under bathroom sink in apartment 49, trust be repalned along with cabinat floor, Klechan sink alse leaking, must be repaired
he following ftem{s) ara io cornpllance:
ation; 13-01
a broken bedroom window in apartment 54, must be repaired.
jolation: 13-07,
rved pantrydoor in kitchen in disrepair, must be repaired ar replaced,
Gon; 13-01
[Chserved a broken window blind in apt. number 48, must be repaired,
Molstion; 13-01
Dotserved a tom window screen a apartment 44, must be repaired.
Molation: 19-04
inn a leak under the kitchen sink in apartment 4, must be repaired.
elation: 20-05
Dbservad the ventilation systemyair canditioner not functioning/in disrepair i apartment 54, must be repaired or replaced.
Miolation: 24-02
bserved roach droppings in kitchen cabinets abd under Kitchen floor covering in apartment 54, att exterminator is needed.
dation: 24-02,
prerved tosch droppings in Kitchan cabinets, an extertinator is neadedd.
DBPR Form HR 5022-005
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Page 4
STATE OF FLORIDA Ucense Numbar
RTMENT OF BUSINESS AND PROFESSIONAL REGULATION NAPT NAP5804100
H | Bi | DIVISTON.OF HOTELS AND RESTAURANTS business N
wewunytionds com/dbpr usiness Narn
REIC-HART RENTALS
CALLBACK INSPECTION REPORT Inspection Date
LEGAL NOTICE
12]15/05 3:24:41 PM
Fallsre to comply with thia Notice may Initiate an administrative complaint thet may resvit In euependion or revocation of your license
and Fines.
folation: 25-02
rved discarded equipment [refrigerstar] stored outside apartment 49 must be removed,
DSPA Form HR 5022-005
Jul 3 2006 12:43
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hone mmm 16) ee nininemne em ante aee mes etm)! Sete oe ee 9 eo Rte ESE TEE TT HEHE POEMAETT pe Rpts MI Ge aL
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGLILATION Page
DWISION OF HOTELS AND RESTAURANTS EX H |
wew. myflorkda.convdppr B T B
LODGING INSPECTION REPORT
LEGAL NOTICE
Fallure to comply with this Notice may Inflate an administrative complaint hat may reéult In euspendion or ravacation of your license and fines,
Z/e6/05 2:51:13 Pl Routine. 5804100 NAPT
Inspection Date and Time Inspaction Fleagon License Number
REIO-HART SR AINSLEY B WARNING:
Owner Name Violations in the operation of your establishment 407)521-5054 i
REID-HART RENTALS must be corrected byt Area Code/Telephone Number
Bueiness Name Inspection Result
8/15/2005 08:00 AM 4/01/06
Nuenbar of Units Callback Date/Time License Expiration
13312 E HWY 50 WINTER GARDEN FL 347873956
Address / City / State / Zip / etc.
ftam 01; Fire Extinguishars iter 04: Sprinklers and Standping, {tam 04; Alarm Systems. hem 12; Balcony Certification
NOTE! ALL FIRE EXTINGUISHERS MUST BE | Certification Date: N/A Certification Date: N/A
INSPECTED AND RETAGGED ANNUALLY BY
A REPUTABLE FIRE EXTINGUISHER,
SERVICE COMPANY,
NOTE: tems marked above with an astorisk (“} Indicate a violation
Inspectors Commerita :
Lacknewledge receipt of this Inspection form and comments.
POs AMA Waray xobeehte
7265
Data : Signatuta of Raclplent Inspector Signature
Recipient: For further information please contact:
Title Henry Grispantl
Phone:
LEY aus SAFETY
01 Fire extinguisheratandpipa systems [ves +42 Balewny, railing safety; maintained
[No (ag eutangrepsip
hres
Yes
‘Viplatiana marked with an egtarisk pre critical violations. ams marked YES ar in comptianes. ftema Marked NO are violatlons, Spuelfic detelle af violation are listed on
subsoquent pagan. items marked N/A are Not Applicebla, Items Marked ax N/O are Not Observed, and were not being conducted at the line ofinspection,
OBPR Form HR 8022-014
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Page 2
STATE OF FLORIDA Cleanse Number
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION HAPT 5804100
OIVISION OF HOTELS AND RESTAURANTS °
Business Name
wwinyfiorda.convabpr .MART RENTALS
h ction Date
LODGING INSPECTION REPORT EXHI B ie
LEGAL NOTIGE WeG05 2:51:19 PM
Failure te comply with this Notlce may initiate an administrative complaint that may result In suspension or revocation of your Ileange and fines,
SANITATION __ CONSUMER PROTECTION
°22 \ea protection: 34 Licensee; criminal conduct
+23 Glasswafe; tableware; utensils sanitizad 35 Florida Clean Indoor Alr Act
24 Vermin contrat 36 Telephone surctarge posted
125 Premises maintained i 37 Guest Ragister
pon request
CONSUMER PROTECTION 3 Housekeeping
“38 Advertisamant *_|40 Other conditions, safe, sanital
41 Posting operator service information
42 Blocking operator accass
ives 31-Room rates posted 4 Copy of Ch. 508, FS: avallabia
32 Security deposit INFORMATION
33 Unethical business practice; averbooking 44 Hospitality Education Program Information aravided
Violations marked with an acierlk are eritcal violations, tans marked YES oro in compliones. liom Marked NO sre violations. Specific details of violalton are'lisied an
Subbequent pages, items marked N/A are Not Applicabia, Items Marked a5 WO are Not Observed, and were not belng conducted at the ime of Inspection,
Waming(s):
071-10 - Observed an expired fire excinguisher tag in apartment 49, Tag reading 09/82. In addition, the fire extinguisher is the wrang size, musi be
minimum 2A108C. This violation must be corected by ; 08/15/05. Owner must FAX SERVICE INVOICE OF THE PROPER SIZE FIRE
EXTINGUISHER FROM 4-REPLITABLE FIRE EXTINGUISHER SERVICE COMPANY TO 407-317-7839, ATTENTION HENRY CRISTWELL BY THE
ABOVE DATE
01-10 - Observed a fire extinguisher without a tag, been discharged, and In addition the wrong size This violation must be corrected by : 06/15/05. SEE
ABOVE FOR FAX INFORMATION,
04-01 - Observed a smoke datector not functioning when tested in apartments 49 and 54, This viplation must be corrected by : 08/15/05, PROOF OF
REPAIR MUST FAXed TO THE ABOVE NUMBER ALSO.
Violation(s):
13-01 - Observed a broken windew blind in apt. number 48, must be repalrad,
13-14 - Observed the bathroom shower floor In disrapalr in apt number 49, must be repaired,
13-01 - Observed pantrydoor In kitchen In disrapalr, must be repaired or replacad.
13-01 . Observed 8 broken bedroom window in apartment 54, must be repalred,
13-01 - Observed tom window screen @ apartment 44, must be repaired,
18-04 - Observed a leak under bathroom aink in apariment 49, must be repaired alang with cabinet flaer, Kitchen sink alsa leaking, must be repalred
19-04 - Observed a jeak under the tlichen sink in apartment $4, must be repaired,
20.05 - Observed the ventilation systam/air conditioner not funttioning/in cisrepalr in apertmant 54, must be repalred or teplacad.
24-02 - Observed mach droppings in kitchen cabinets, an exterminator is needed,
DBPR Form HR 5022014
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Page 3
STATE OF FLORIDA Uicanse Number
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION NAPT 5804100
DIVISION OF HOTELS AND RESTAURAI usiness Name
www. myflords. comvdbpr "EXH | B IT 10-HART RENTALS
Inspection Date
LODGING INSPECTION REPORT F2G05 25113 PM
LEGAL NOTICE
Failure to comply with this Notice may Initiete an administrative complaint that may result in suspension or revocation of your license and fines.
24-02 - Observed roach droppings in kitchen cabInets and under kichen floor eovetng in aparment $4, an extarminator Is needed,
265-02 - Observed discarded equipment [refrigerator] stored outside apartment 49 must be removed,
DBPR Form HR 5022-014
Docket for Case No: 06-002341
Issue Date |
Proceedings |
Sep. 08, 2006 |
Order Closing File. CASE CLOSED.
|
Sep. 07, 2006 |
Joint Motion to Relinquish Jurisdiction filed.
|
Sep. 01, 2006 |
Amended Notice of Hearing by Video Teleconference (hearing set for September 11, 2006; 10:00 a.m.; Orlando and Tallahassee, FL; amended as to Video and hearing room).
|
Aug. 21, 2006 |
Petitioner`s Witness List filed.
|
Aug. 21, 2006 |
Petitioner`s Exhibit List filed.
|
Jul. 13, 2006 |
Order of Pre-hearing Instructions.
|
Jul. 13, 2006 |
Notice of Hearing (hearing set for September 11, 2006; 10:00 a.m.; Orlando, FL).
|
Jul. 10, 2006 |
Response to Initial Order filed.
|
Jul. 03, 2006 |
Initial Order.
|
Jul. 03, 2006 |
Election of Rights filed.
|
Jul. 03, 2006 |
Administrative Complaint filed.
|
Jul. 03, 2006 |
Agency referral filed.
|