Oct 11 200? 13:20 lafll/2ae7y 13:14 8584146749 DEPR OGA PAGE @4/ag STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitloner, VS. MONEY TREE INVESTMENTS thence Toe 2052 ° 919 SW6 ST APTS Respondent, Case No. 2007033816 / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND ’ RESTAURANTS, ("Patitioner’), files this Administrative Complaint against MONEY TREE INVESTMENTS, 919 SW6 ST APTS, (“Respendent’), 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 $09, 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 Restaurarits. The respondent's business address of racord is 919 SW 6 ST, MIAMI, FLORIDA 331303264, The mailing address of record Is 919 SW6 ST APTS, at 19377 SW 154 ST, MIAMI, FLORIDA 33187, 3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the pravisions of Chapter 509, Florida Statutes, and / or the rules promuigated thereto governing operation of the establishment, The vielation(s) found and applicable law ara described in Exhibit “A,” attached hereto and incorporated herein by reference. Inspection documents ara 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 par offense; mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Education Prograrn, suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other rellaf authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed June 41, 2007 3 TT eh Rend Shannie Kallas, District Manager By delagation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Gharles F. Tunnictiff, Lead Attarmey Florida Bar No, 0153831 Department of Business & Professional Regulation 1946 North Monree Street Tallahassed, Florida 32399-1007 GE RVIG! BY GERTIFIER U.S, MIL, ARTICLE NUMBER: 7160 3901 9849 822 6 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2007. Received by: Operator's Signature a Title Title Inspector's Signatura Cage Number: 2007033816 District Murer: 4 License Number: 2301018 2052 . Form revised 10.10.06 MONEY TREE INVESTMENTS Oct 11 200? 13:21 lafll/2ae7y 13:14 8584146749 DEPR OGA PAGE @5/ag Exhibit A Licange Number; 2301018 License Type; 2052 NON-LICENSED LODGING Case Number: 2007033816 FC. as cited herein rafarances specific provisions of the Food Code, Recommendations of the United States Publle Health Servies, 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 Safety Code, incorporated by referance at Chapter 4A-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C-1,004(4), Florida Administrative Cade, “ denotes a critical violation. {t/s alleged that on March 9, 2007, and April 30, 2007, the licansee was in violation of Florida Statute 909(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Adrtinigtrative 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. * 4.01-06 NFPA 10,165 CABINETS HOUSING FIRE EXTINGUISHERS SHALL NOT BE LOCKED. ExCeL LOCKED CABINETS MAY 86 USED PROVIDED THEY INCLUDE MEANS OF EMERGENCY ACCESS. 4) OBSERVED A LOCKED FIRE EXTINGUISHER 18 MISSING A BREAKING DEVICE. B) OBSERVED AN EXPIRED FIRE EXTINGUISHER TAG. “ 2.0401 61C-1.004(5)FAG 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 CHAPTER 101, AS ADOPTED 8Y THE DIVISION OF STATE FIRE MARSHAL IN CHAPTER 44-3, FAC. OBSERVED A TROVBLE/ALARM LIGHT ILLUMINATED ON THE FIRE ALARM CONTROL PANEL. 3,98-02 509.244(1) AND (2)FS LICENSES; ANNUAL RENEWALS, EACH PUBLIC LODGING ESTABLISHMENT SHALL OBTAIN A LIGENSE FROM THE DIVISION. SUCH LICENSES MAY NOT SE 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, 4 CONDOMINIUM ASSOCIATION, AS DEFINED IN 8. 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. 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 I$ DEEMED TO BE OPERATING WITHOUT A LICENSE, AND SUBJECT TO THE PENALTIES PROVIDED FOR THIS OFFENSE IN LAW AND RULE. OBSERVED ESTABLISHMENT OPERATING WITHOUT A CURRENT STATE LICENSE. * denotes critical violation District: 01 Case Number: 2007033616 License Typa: 2052 License Number: 2301018 File Number: 50520 919 SW 8 ST APTS: t t lafll/2ae7y 13:14 8584146749 Oct 11 200? 13:21 DEPR OGA STATE OF FLORIDA ~~ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS PAGE 86/a9 tween comer EXHIBIT B CALLBACK INSPECTION REPORT LEGAL NOTICE Follure to comply with this Notice may inflate an administrative complaint that may result in suspension oF revocation of your lleanse and fines, 04/30/07 05:07 Warning 2301018 NAPT Callback Inspection Date and Time Ingpestion Reason License Number MONEY TREE INVESTMENT [ADMINISTRATIVE COMPLAINT (305606314 Owner Name recommended, Area Code/Telephone Number 919 SW 6 ST APTS Business Name Inspection Result 8 03/08/2007 Number of Unita Requested Callback Date/Time initial Warning Date $19 SW6 ST MIAMI, 337309254 Address / City / State / Zip / ete, Comments he following item(a) have been racommendad tor Administrative Complaint: rotting 38-08 peeved the esteblishtnant operating without & [canes Iptation: 04-04 bsorved @ troublefalarm lant ituminated on the fire alarm control panel. jotation: 01-10 beerved an expired fira oxtinguisher tag. 4/30/07 eo _ Oe Dale Signature of Recipient nspecior Signature Recipient: VIA MAIL, For further Information please contact: “1 Leonarde Hernandez Tile Sanitation & Sefety Specialist 6685 nw Sérd ter Phone: Bulte 144 Miami, Fl 33166 880-487-1395 BDEPR Farm HR 6022-005 Oct 11 200? 13:21 16/11/2667 13:14 8584146749 DEPR OGA PAGE 87/89 Paige 2 _ STATE OF FLORIDA _ License Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION NAPT 2301018 DIVISION OF HOTELS AND RESTAURANTS Business Name we. myfiorida, comanpr 919 SW 6 ST APTS y inspection Dale CALLBACK INSPECTION REPORT Dai0107 09:07 AM LEGAL NOTICE Fallure ta comply with this Notice may initiate an administrative comptoint that may result In Sepengion or reaction of your linanse and fines. loletion; 01-06 ngerved @ looked fire oxihiguisner box missing a branking deviee, ha following item(s) are in compliance: Miotation: 25-01 Jobserved wash/detitla onthe around. AROUND DUMPSTER PAD a 7R Form HR 5022-005 Oct 11 200? 13:21 18/11/2887 13:14 8584146749 DBPR OGA PAGE 68/89 STATE OF FLORIDA Paget “DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION age DIVISION OF HOTELS AND RESTAURANTS connect EXHIBIT B LODGING INSPECTION REPORT LEGAL NOTICE Fallure to comply with this Notice may Initiate an administrative complaint that may reqult in susperision of revecation of your license and fines, 03/08/07 02:34 PM. Routine 2301018 APT Inspection Qate and Time Ingpaction Reason License Number MONEY TREE INVESTMENT, WARNING: Owner Name \Violetions in the operation of your establishment (BOB)606-3114 319 SW 6 ST APTS must be corrected! by: Area Gode/Telephone Number Susiness Name Inspection Result a Q4i0e2007 O00 AM Number of Units : Callback Date/Time License Exptration 919 SW 6ST MIAMI, 331303254 Address / City / State / Zip f ete, {tam 07: Fire Extinguishers ftom 03: Sprinklers and Standpipa _| Item 04: Alan Systeme A Glass ABC type fire Extinguisher, found inet | ni A, Certification Date: 08/2008 ‘Tstfoar Hus a certticntion date of 1/2007 "A Glass ABG type Fire Emtngucther, found infor ndlloer has certification date of O6/O04 NOTE; Items marked above with an asterisk (*} indicate 2 vidtetion Irrapertor'e Garnemenites 175 OWED NOW TO THE DIVISION OF HOTELS & RESTAURANTS ‘OU MAY BRING APPLICATION FOR LICENSE & FEE TO 8685 NW S3rd TERRACE SUITE 111 { acknowledge receipt of this Inspection form and comments. aaa? ee Data : Signature of Recipient Inspector Signature Recipient: VIA CERTIFIED MAIL For further information please contact: Title Leonarse Merrandet Sanitation & Safety Spegiatin BOR5 cy S30 te Suite 11) Mien, Pt - 3168 Phone: ASO-407-1008 "OG Exits: obstructions, exit signs, emerg N/A Yes [ves det Appliances properly Installed; maintained, Viplatiang markod with an asterisk are critical violaona, hema marked YES ere in compliance, lene Hateed NO aré violations. Speetite detalls al violation rs lista on aubsequant poges. Iams marked N/A ara Not Appticable. tema Marked a& N/Q are Not Obsitvad, and wore net belng conducted at the tima of inepection. DBPR Ferm HR 5022-014 Oct 11 2007 13:22 16/11/2667 13:14 8584146749 DEPR OGA PAGE 89/89 Payee a _ STATE OF FLORIDA - License Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION NAPT 2301018 DIVISION OF HOTELS AND RESTAURANTS Business Name www. myfiorida, com/dbpr 919 SW 6 ST APTS inspection Date LODGING INSPECTION REPORT ; LEGAL NOTICE 0309/07 02:34 PM Failure to comply with this Notice may initiate an administrative complaint thet may result in suspension or revocation of your Hcense and fines, we it WA reztow protection Yes [24 Licensee, criminal conduct [23 Glasawore: tableware: utensiisseniized N/A IG lerida Cloan Indoor Alr Act baa Vermin‘conirol NA 6 Telephone surcharge posted A 37 Guest Register GENERAL 38 Current ficense, displayed, avallable upon request 9 Housekeening 40 Other conditions, safe, sanitey Posting operator sérviee Information 26 Garbage and refuse dispozal *27 Sewape and wadie waler disposal CONSUMER PROTECTION ves NA INO |25Premisag maintained ves | NA NA NA WA WA = 29 Guest property; liability, notified [N/A ______[39 Room rate schedule iy Blocking operator access: Copy of Ch, 509, ES: available INFORMATION 44 Hospitality Education Program Information provided INVA 1 Room rates ported Yes 32 Security depaalt "94 Unethical businass practice: overbooki i x zie Bla Ss a e & = Violations marked wlth an asterisk ord sritien! vietationa. tems marked YES are In compliance, Items Marked NO are violations, Specific dateils of viewtion are fated on subsaquent pages. Items marked N/A are Not Appiloabla. Roms Marked as M/O ere Not Observed, and ware net being conducted at the time of inspection, Violation(s); 01-10;Qbserved an axplred fire extinguisher tag. REFERENCE TEXT: NFPA 10, 4-4.1 Fire extinguishers shall 68 subjected to maintenance not more Thar one yaar apart 04-01 ‘Observed a trouble/alarm light illurninated on the fire alarm contol panel, REFERENCE TEXT: 61C-1.CO4(5)FAC All fire safety, protection and prevention equipment must be installed, approved, maintained and used in pecordance with Chater 509, FS and the Nationa! Fire Protection Association Life Safety Code Chapter 101, a5 adopted by the Division of State Fire Marshal in Chapter 44-3, FAC, 26-01: Observed trash/debris on tha ground, AROUND DUMPSTER PAD 01.06:Observed a locked fire extinguiaher box missing s breaking device. REFERENGE TEXT: NEPA 10,1-6.5 Cabinets housing fire extinguishers shall not ba locked. Except locked cabinets may be used provided they Include means of emergency access, 38.02;O0served the establishment operating without a lleense. REFERENCE TEXT: 509.244(1) and (2) FS and 610-1.002(6) FAC LICENSES; ANNUAL RENEWALS, Each public lodging establishment shall obtain a license from the division. Such licenses may nat ba transferred from one place or individual to another, Licenses shall be renewed anqually. APPLICATION FOR LICENSE. Each person who plans to open a public lacging establishment... shall apply for and recelve a license from the division prior to the commencement of oparation. A candeminium association, 2a defined Ins, 718,103, whieh does not own any unite classified as resort condominiums under $, 509.242(1)(c) shall not be required te apply for or recelve a public iodgity establishment licengs, Its the resporisibitity of the licensee to renew the license prior 19 the expiration date. Any public lodging establishment operating on an expired license i6 deemed to be operating without 4 licertse, and subject to the penalties provided for this offange in law and rule, sR Porm HR 5022-014

Docket for Case No: 07-004642