Now 16 200? 9:04 11/16/2887 89:41 8584146749 DEPR OGA PAGE @3/a9 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VE License Na. 9900000 License Type 2062 Case Na. 2005060068 CAROLYN HATHAWAY 843 SW7 APTS Respondent, i ADMINISTRATIVE COMPLAINT. The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against CAROLYN HATHAWAY, 843 SW 7 APTS, ("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 20,185 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 843 SW 7 ST, MIAMI, FLORIDA 33030.The mailing addtess of record is 843 SW 7 APTS, at 3421 NE 16 AVE, OAKLAND PARK, FLORIDA 32334, : 3. Inspection of this establishment conducted pursuant to Sec, $09,032, Florida Statutes, revealed violations of the provisions of Chapter.509, Florida Statutes, and / ar the rules promulgated therete gaverning 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 al Respondent's expense at an educational program sponsored by the Department's Hospitality Educatian Program; suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief autharized by Chapter 509, Florida Statutes, or the rules promulgated thereto, Signed November 23, 2005 ven, iene Beet cee Shannie Kallas, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: ‘Charles F. Tunnictiff, Lead 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: 71603901 9848 8548 5279 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this, day of , 2005. Received by: Inspectars Signature Overater’s Signature Title Title Case Number: 2005060068 Form revised 14,10,05 License Type: 2052 Distriel Number: 07 License Number: 9900000 CAROLYN HATHAWAY Now 16 200? 9:04 11/16/2687 69:1 8584146749 DEPR OGA PAGE 84/89 License Number: NO LIC License Type: 2052 NON-LICENSED LODGING Case Number: 2005060068 Exhibit A "EC" 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 Safety Code, incorporated by reference at Chapter 44-3, "Fire Prevention, General Provisions’, Florida Administrative Code, and 616- 4:004(5), Florida Administrative Code. It is alleged that on ) September 1.2005, October 6, 2005, and November 9, 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) are attached hereto and incerporated by reference as Exhibit B. * 4.04-01 61C-1,004(5) FAC ALL FIRE SAFETY, PROTECTION AND PREVENTION EQUIPMENT MUST BE INSTALLED, APPROVED, MAINTAINED AND USED IN ACCORDANCE WITH CHAPTER 508, FS, AND THE NATIONAL FIRE PROTECTION ASSOCIATION LIFE SAFETY CODE CHAPTER 101, AS ADOPTED BY THE DIVISION OF STATE FIRE MARSHAL IN CHAPTER 44-3, FAC. OBSERVED MISSING FIRE EXTINGUISHERS. * 2.04-03 44-43,009(11)(B)(C)FAC BATTERY POWERED, SINGLE STATION SMOKE DETECTORS, WHERE USED SHALL BE TESTED AND INSPECTED NOT LESS FREQUENTLY THAN ONCE PER WEEK AS REQUIRED BY NEPA 74 6-2 AS ADOPTED IN RULE 4A-3. A LOG OF THE REQUIRED TESTS AND INSPECTIONS SHALL BE KEPT AND AVAILABLE TO THE AUTHORITY HAVING JURISDICTION AT ANY TIME. THE LOG SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION AND ANY OTHER INFORMATION AS MAY. BE REQUIRED BY THE AUTHORITY HAVING JURISDICTION: 1. ALIST | CLEARLY IDENTIFYING EACH INDIVIDUAL DETECTOR BY ITS PHYSIGAL LOCATION. 2. THE DATE OF EACH REQUIRED TEST AND INSPECTION. 3. THE IDENTITY AND SIGNATURE OF THE INSPECTOR. 4. THE RESULT OF EACH TEST AND INSPECTION. §. THE COMPLETION DATE AND FORM OF ANY MAINTENANCE PERFORMED, 6, THE COMPLETION DATE AND FORM OF ANY CORRECTIVE MEASURES TAKEN FOR EACH IMPROPERLY FUNCTIONING DEVICE. 7, A COPY OF THE MANUFACTURER'S RECOMMENDED MAINTENANCE SCHEDULE AND PROCEDURES. (C) AT SUGH TIME THAT THE AUTHORITY HAVING JURISDICTION FINDS CAUSE TO BELIEVE THAT THE REQUIREMENTS OF (A) OR (B) ARE NOT BEING FULFILLED, DETECTORS POWERED BY THE BUILDING ELECTRICAL SYSTEM SHALL BE REQUIRED. OBSERVED SMOKE DETECTORS MISSINGINOT FUNCTIONING, * 309-01 509.221(3)FS EACH ESTABLISHMENT LICENSED UNDER THIS CHAPTER SHALL BE PROPERLY LIGHTED AND SHALL BE OPERATED WITH STRICT REGARD TO THE HEALTH,COMFORT, AND SAFETY OF THE GUESTS, SUCH PROPER LIGHTING SHALL BE CONSTRUED TO APPLY TO BOTH DAYLIGHT AND ARTIFICIAL LIGHT OBSERVED MAIN ENTRANCE NOT PROPERLY LIGHTED. 4. 13-01 61C-1.004(6)FAC ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT JN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS. OBSERVED FRONT DOOR & WINDOWS BROKEN. Case Number: 2005060088 : Form reviged 41,10,08 License Type; 2052 District Number: 04 License Number: 9800000 CAROLYN HATHAWAY Now 16 200? 9:05 11/16/2887 89:41 8584146749 DEPR OGA PAGE @5/ag §, 25-01 61C-3.001(7)FAC PREMISES- THE YARDS, ALLEYS, DRIVEWAYS, SIDEWALKS, AND OTHER EXTERIOR PORTIONS OF THE LICENSED PREMISES SHALL BE KEPT CLEAN, FREE OF DEBRIS, FREE OF OBJECTIONABLE ODORS, AND PROPERLY DRAINED, MAINTAINED AND MOWED OBSERVED TRASH/DEBRIS ON THE GROUND. 6, 26-01 61C-1.004(1)(E) FAC ALL GARBAGE AND RUBBISH SHALL BE REMOVED FROM THE ESTABLISHMENT PREMISES WITH SUFFICIENT FREQUENCY TO PREVENT NUISANCE CONDITIONS AND SHALL BE DISPOSED OF IN ACCORDANCE WITH PROVISIONS OF CHAPTER 62-701, FAC HEREIN ADOPTED BY REFERENCE. OBSERVED A BUILD UP OF GARBAGE ON THE PROPERTY. 7.38-02 509.244(1) AND (2)FS LICENSES; ANNUAL RENEWALS. EACH PUBLIC LODGING ESTABLISHMENT SHALL OBTAIN & LICENSE FROMTHE DIVISION. SUCH LICENSES MAY NOT BE TRANSFERRED FROM ONE PLACE OR INDIVIDUAL TO ANOTHER. LICENSES SHALL BE RENEWED ANNUALLY. APPLICATION FOR LICENSE.-- EAGH PERSON WHO PLANS TO OPEN A PUBLIC LODGING ESTABLISHMENT... SHALL APPLY FOR AND RECEIVE A LICENSE FROM THE OIVISION PRIOR TO THE COMMENCEMENT OF OPERATION. A CONDOMINIUM ASSOCIATION, AS DEFINED IN S. 718.103, WHIGH DOES NOT OWN ANY UNITS CLASSIFIED AS RESORT CONDOMINIUMS UNDER 8. §09.242(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 BATE. 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. OBSERVED THE ESTABLISHMENT OPERATING WITHOUT A CURRENT STATE LICENSE. Case Number 2008080068 , Form revised 11.10.05 License Type: 2052 Disthet Number: 04 License Number: 9900000 CAROLYN HATHAWAY Now 16 200? 9:05 11/16/2887 89:41 8584146749 DEPR OGA PAGE 86/a9 EXHIBIT B State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants www. hospitalityeducation.org CALL BACK/RE-INSPECTION REPORT PXupse FOOD SERVICE | page| of_|_ MAARRING TATE ® HE UMS PECTION D0) [ELUEVSE CONTROL NUMBER?) fond of [Monte Gay 1 anni County _[___ Fie Number | oi! ud | bu . LOS] | sli e4 09 : of 23 [oul fe FUSER Ba WARNING GE WOTICE Ta Cltomplied Jbetftearing requested ~t DIRECT NOTICE: ! SHOW CAUSE Precanference [INot eamplied Cdut of business Failure ta bein compliance You will be issued a Notice to (]fre-hearing with this notice at any Show Cause why saretions | han Supufation in future inspection may should not he assessed against iE ih Rearing Order Ci Time extended dated result in a direct Notice to your license. A hearing will be ie 1 ]dthier: tine: Show Cause. ald at a time and place to he 1 L _ TT . designated hy the director. owner Name: Cael Hathaway. suinaseteme Aparrments o Buuingse Addvoss: _, Business City: | ! 1 H ] J 1 INSPECTORS MAME (PLEA PRINT) TIT Denne =e Ona "Sant &sarety WSFECTOR 5 SIGNATURE — ck te OFFICE TRAM a Feri ae Bde2-005 Cet ean Re : FC aaa MyFlorida.com 2002 February 06 Now 16 200? 9:06 11/16/2887 89:41 8584146749 DEPR OGA PAGE . EXHIBIT B State of Florida Departnent of Business and Profassional Regulation Division of Hotels and Restaurants www. haspitalityeducation.org CALL B. BACK/RE-INSPECTION REPORT [ssTanusHMeNT TPE TSSXLODGING [1] FOOD SERVICE _| cage! oft ar/ag g SECTION DATE TLICENSE GONTROLNUMBER na a County, | Fle Aureber Buf 22 toY4i7 H [| WARNING OF NOTHGE TO L_IComplie mtelealing requesied DIREGT NOTICE: SHOW CAUSE [Not samplied (J Out of business Failura to bein compliance You will be issued a Notice to . with this notice at any Show Cause why sanctions (dn Stipulation future inspection may should not.he assessed against \ il Un Hearing Order LJTime extended date. fd result ina direct Notice to your lisense, A hearing will he J ihe: lime: , Show Cause, hald at a time and place ta be ee ee _ cian _ dagignated by the director. thewer Mente: Ca vol HH CHUA CLAS CL Yy ___. Business Nomen Pre + B42 St Toes Address CL SEIN FR Ching TGhErS, 4k Entrance hot lighted. Ste Se ee delectorg missing Jet banchonin (ng, (2. Brocen Font doors, windows. 25. Trash, debon on thegrounc; discarded Makfress In pherni ses. Ze. Build of of garbage in premises! 2h. Evpined license : 2002 INSPECTOR'S TT are TOW “Denne eC. ingr Sal Pe fe mR 5023-008 MyFlande cevt) Klan are, FL 33334 2002 February 08 Now 16 200? 9:06 11/16/2887 69:41 B5e4146749 DEPR OGA PAGE @8/@9 EXHIBIT B ,L NOT) oR "AND PROFESSIONAL REGULATION umd Restaurants aaa UNSSC 0 ae LODGING INSPECTION REDOR Coury MA af thi Collective Conc Gallective welling ae ‘ 2D DISTRICT vik iz ‘ i ee Tey — ee Nontransi¢nl 2 ocnmant wo ! Cayo! l Hath a nw0y Hotei ies j i iererentrs Te — ~) Metnl me | Arartinent S | Transiont Reoming House sa | | Eas mae a en ren Individuat Canela wae ' aa 2 Sw 7] at Inclividual Dweriing Sa | i cae SS Jerronin oo a ransiant Aparimenr I a mm ( Homestead 2, 2 Group Condo vie | | . - Group Dwaitng I | a iS et seh Nonlrangienl Reoming Hane “i (NEPECTION HEASON Ban , Bed & Breaktas ain Gael €5, 1500 |T100 rfemnne H ieenue ranted fe tttemme wee anne 13 Rowing aayeg TAT win ‘ : : ne 3 Complaint 10 ANY VIOLATIONS noled hérain must Be potrected by the NEXT AQUTINE INSPECTION, ae “DISPOSITION 2. |__ 6 7 Pending 2M WARMING: 1 | | . . Comme | ho Pook, Information i i ! Violations in ine operation af your m —___ | het eee ‘em anes aT pe 3 ies Duatets) Date rem ie alot 6 Vota rons Extablishmert_ hen lo. License. (49) iol. un ert ne MUSSINA . ie a eh Meals ‘eeu rr el et " are aR at % ra AM hot. fre Ger ran See ees roe ee ein a ima ae 5 490. Se3l_ Ol Spt os ~

Docket for Case No: 07-005235