Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: 105-111 AUDOBON DRIVE
Judges: R. BRUCE MCKIBBEN
Agency: Department of Business and Professional Regulation
Locations: Viera, Florida
Filed: Jan. 16, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, March 21, 2007.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA .
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 2007 JAN | by
. DIVISION OF HOTELS AND RESTAURANTS Poiuy
DEPARTMENT OF BUSINESS AND ONVISION or
PROFESSIONAL REGULATION D T -O| q iv ADMINISTA a VE
a Petitioner; ; . HEARINGS *
408-111 AUDOBON DR Lleonse Type 2082”
Respondent, ‘Gage No. 2008058487 4
sof i OMPLAINT
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (“Petitioner’), files this Administrativa Complaint against 105-111 AUDOBON DR, °
(“Respondent”), and says; oo .
1, Petitioner is the state agency charged with regulating the operation of public lodging estabilshments and "
public food service establishments, pursuant to Section 20,166 and Chapter 608, Florida Statutes.
2. Respondent le, and has been at all times materlal hereto, licensed by or subject to the Jurisdiction of the
Division of Hotels and Restaurants. The respondent's business address of record is 105 AUDOBON DR,
ORLANDO, FLORIDA 32901.The mailing address of record is 105-111 AUDOBON DR, at 105
AUDOBON DR, ORLANDO, FLORIDA 32901. ; .
3. Inspection of this establishment conducted pursuant to’Sec. 608.032, Florida Statutes; revealed violations
of the provisions of Chapter 509, Florida Statutes, end / or the rules promulgated thereto govaming = *
operation of the establishment Fhe violation(s) found and epplicabla law are described In Exhibit "A,"
attached hereto and Incorporated herein by reference. Inspection documents are attached as Exhibit “B",
Inéorporated 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 attandanca at Respondent's
expense at an educational program sponsored by the Dapariment's Hospitality Education Program;
suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any alher rellef
authorized by Chapter 609, Florida Statutes, or the rules promulgated tharato.
Signed October 18, 2006
a nl
Valerie Freeman, District Manager
By delegation of the Director, or designee
Diviston of Hotels & Restaurants
Department of Business & Professional Regulation
~
* COUNSEL FOR THE DEPARTMENT:
Charles F, Tunnicliff, Lead Attorney
Florida Bar No, 0153834 tet
Dapariment of Business & Professional Regulation
1940 North Monroe Street
Tallahassee, Florida 32399-1007
RTIFIGATE OF SE! 4
BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: | ; ;
joing ADMINISTRATIVE COMPLAINT has been
06
.PHEREBY CERTIFY that a tgue and correct gapy of the for
Operators Ty, ; .
hand served by me on this Z day of
Received by:
Title
" Gage Number: 2006058467 District Numbar: 04
License Numbers 8800000 2052 Form revised 10.10.06
108-111 AUDOBON OR
Exhibit A
License Number: NO LIC
License Type: 2052 NON-LICENSED LODGING
,Case Number: 2006056487
FC ds 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.
* denotes a critical violation,
~ Itis alleged that on August 17, 2006, September 26, 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 report(s) for the above referenced inspection(s) are attached hereto and
incorporated by reference as Exhibit B.
4. 38-02 509,241(1) AND (2) FS LICENSES; ANNUAL RENEWALS. EACH PUBLIC LODGING
ESTABLISHMENT SHALL OBTAIN A LICENSE FROM THE DIVISION. SUGH 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 8.
509.242(1)(C) SHALL NOT BE REQUIRED TO APPLY FOR OR RECEIVE A PUBLIC LODGING ‘
ESTABLISHMENT LICENSE. IT1IS THE RESPONSIBILITY OF THE LIGENSEE TO RENEW THE LICENS
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 LICENSE FROM THE DIVISION OF HOTELS AND -
RESTAURANTS. AN OWNER CHANGE HAD TAKEN PLACE AND THE NEW OWNER FAILED TO
OBTAIN A LICENSE.
* 2,01-10 NFPA 10, 4-4.1 FIRE EXTINGUISHERS SHALL BE SUBJECTED TO MAINTENANCE NOT
MORE THAN ONE YEAR APART . : :
THE FIRE EXTINGUISHERS WERE THREE YEARS PAST THE ANNUAL INSPECTION DATE.
* 3,01-06 NFPA 10,1-6.5 CABINETS HOUSING FIRE EXTINGUISHERS SHALL NOT BE LOCKED,
EXCEPT LOCKED CABINETS MAY BE USED PROVIDED THEY INCLUDE MEANS OF EMERGENCY
ACCESS. :
THE FIRE EXTINGUISHER BREAKER BARS WERE MISSING.
4.19-04 5-205,15FC SYSTEM MAINTAINED IN GOOD REPAIR. A PLUMBING SYSTEM SHALL BE: .
(A) REPAIRED ACCORDING TO LAW, AND (B) MAINTAINED IN GOOD REPAIR.
WATER WAS FLOWING OUT OF THE BACK ROOM OF ONE OF THE UNITS ONTO THE GROUND.
* denotes critical violation District: 04
Case Number: 2006056487 License Type: 2062.
License Number: NO LIC File Number: 192
105-111 AUDOBON OR
Exhibit A
5, 13-01 61C-1.004(8)FAC ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND
FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS.
A) MULTIPLE WINDOWS HAD BROKEN GLASS AND TORN AND BROKEN SCREENS.
B) ROTTED WOOD WAS OBSERVED AT MANY LOCATIONS ON THE FACIA BOARDS.
* denotas critical violation . District: 04
Case Number. 2006056487 License Type: 2052
License Number: NO LIC File Number: 192
105-111 AUDOBON DR
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION .
Division of Hotels and Restaurants is u
CALL BACK/RE-INSPECTION REPORT ere
IAM VY oo.
wee NY & Gh
ee
ta
‘NOTICE TO
SHOW CAUSE
You will be Issued a Notice to
Show Cause why sanctions
| should nothe assessed against
your licanse. A hearing will be.
held at a tima and plece to be
dasignatad by tha director.
Qwner Name: DISTR Rl [ BK. {uC Business Nemo: |OS— B Rk.
Business Address: | of Bi Mex OAD ple Business City: WV he! bu. ( AAR
WARNING OF
DIRECT NOTICE:
Failure to bain compliance | .
with this notice at any
future Inspection may
result in & direct Notice to
Show Cause,
CComplted PMiearing requested
CoPre-confarence
ied
ClPre-hearing DaNlot compli CJ ut of businass
(On Stipulation
L10n Hearing Order (Time extended date:
Doother:
time:
a] i>
‘S pile 3 CAT Dior INpectow WAaTES
RECIPIENT'S NAME JPLEASE PRINT) TITLE INSPECTORS at ASE PRINT)
EOE aoe — EE Perea
DBPR Form a 5022-005 MyFlorida. a Revised 2000 ioe 10
ate ee eee ott oie eee an ene rp stesee oe pene nntme eres
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION <9 LEGA a NOTICE
Division of Hotels and Restaurants f ony
CONTAOL NUMBER INSPECTOR
UCENSIS eG
:
rar
: OWNER NAME, : ge GnttanslantAparttnent
DISTRITARE [hc . NE EEA AS pp 9; 96
J BUSINESS NAME ~| Oo
. | os- \ ) 1 pr V NOMEN) DR CQ Transient Rooming House
ADDRESS © Individual Condo
' x OS jAvb 0. 0 ot 1 Individual Oveting
: ZiP {Optional} C3 Transient Apartment
J 4 CQ Group Condo
344e
‘ FOR RESORT CORUUMINIUNS AND NCSORT DWELLINGS ONLY . © Group Dwelling
‘ Number of Bldgs, « Building No. | Unit No, nae No. | Na, of Unite 1 Collective Condo
.- of Bldg.
/ 13 Collective Owalling
/ . , (2, Nontranstent Roaming House
' INSPECTION REASON i 43 (Bed. Broakfast
Fallure to comply with this Notice may Initlaté an
admintatrative complaint that may reeult In
suspension or revocation of your Iicanse and Ines.
Roulins
Camplaint
INSPECTION RESULTS
4 © ANY VIOLATIONS noted herein must ba
. information
y
corracted by tha NEXT ROUTINE INSPECTION,
DISPOSITION
Waele ~
metled Cort
2 @ WARNING:
Violations in the operation of your
ablishment must be corrected by:
a A
ITEM °01: FIRE VEN “Co, SY AINKLER & ITEM ‘Oa: ITER “12:
NOTE: ITEMS IN REO AND MARKED WITH EXTINGUISHERS STANDPIPE SYSTEMS ALARM SYSTEMS BALCONY CERTIEICATION i
AN ASTERISK ARE OF CRITICAL CONCERN
fe AND MUST BE CORRECTED IMMEDIATELY, oe —- “Gfoq Date
See reverse side for explanation of citations,
1 1 70 10 10
220 2 ao 2D et CIRCLED ITEMS ARE IN ~_| She
IO 138 2 3 a <
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oe 16 2 2
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Cuyrert’ OMviS/aAW Liceise.
ADDITIONAL COMMENTS ON ATTACHED COMMENT SHEET
_ REMINDER: Your licanse expires _—_—t=—==#__. .
ee receipt of this inspection form and comments, ©
fe 77) | ete TlaivkK LK
Col Ti
Reciptents Signature AO!
Offs Telephone
x50
State of Florida - ; EXYypp IT Control Number
85-01 r ;
Department of Business and Professional Regulation
te it Division of Hotels and Restaurants -O YsOP-
www. hospitalityeducation. org
COMMENTS SHEET (2%!!! #800829 rage Zo 3
Addendum to DAPR Forms HR 6022-005, 5022-014, 6022-015, Bas: 082, or 5022-083. For comments to the Lodging,
Food Service, or HAGCP Ingpection; Call Back/Relnspecton Report, or HACCP Plan Veilfication.
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BBPR Form HR 5022-042 : wew, MyEtorda,com 2004 December 06
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DBPR "State of Florida sessional Regul BY Control Number
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