Feb 25 2008 10:24 g2/25/ 2888 1a:18 8584146749 DEPR OGA PAGE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION _ Petitioner, VS. License No. 9900000 18TH PLACE Ant 8 ‘i License Type 2052 espon ent Case No. 2006057917 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Comptaint against 18TH PLACE APTS, ("Respondent’}, and says: 1. Petitioner is the state agency charged with requiating the operation. of public lodging establishments and public food service establishments, pursuant te Section 20.165 and Chapter 509, Florida Statutes. 2, Respondent is, and has been at all times materlal hereta, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants, The respondent's business address of record is 4105 18TH PLACE, VERO SEACH, FLORIDA 32960. The mailing address of record is 18TH PLAGE APTS, at 4911 EAGLE DRIVE, FORT PIERCE, FLO RIDA 34951. 3, inspection of this establishment conducted pursuant to Ses. 509.092, 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 to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed October 23, 2006 f ~ ? : . Valerie Freaman, District Manager By delegation of the Director, or designee Division af Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Adorney Florida Bar No, 0153831 Department of Businass & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: i HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me an this, day of , 2006 : Received by: Inspector's Signature Operator's Signature Title Title Case Number; 2008057917 District Number: 04 ‘ Lieanga Number, 9900000 2052 : Form revised 10.10.08 48TH PLACE APTS a3/ay Feb 25 2008 10:24 g2/25/ 2888 1a:18 8584146749 DEPR OGA PAGE Exhibit A License Number: NO LIC License Type: 2052 NON-LICENSED LODGING Case Number: 2006067917 FC as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Haalth 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 61C-1.004(5), Florida Administrative Code. * denotes a critical violation. Itis alleged that on June 27, 2006, September 11, 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 partleulars. Gopy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 9 4.01-03 61C-1.004(9"A)FAC FIRE EXTINGUISHER INSTALLATION — FIRE EXTINGUISHERS SHALL BE INSTALLED IN ACCORDANCE 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 SQ 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. THERE WERE NO FIRE EXTINGUISHERS PROVIDED, * 2.04-05 NFPA 101, 19-3.4.4.1 NON-TRANSIENT LODGING ESTABLISHMENTS: EACH NON- TRANSIENT LODGING ESTABLISHMENT SHALL BE PROTECTED BY THE INSTALLATION OF SINGLE STATION SMOKE DETECTORS POWERED BY THE BUILDING ELECTRICAL SUPPLY INSTALLED IN SUCH A WAY AS TO PROVIDE CLEAR SIGNALING TO THE SLEEPING AREAS. BATTERY POWERED SMOKE DETECTORS ARE PERMITTED IN THOSE ESTABLISHMENTS THAT ARE THREE STORIES OR LESS IN HEIGHT WITH DIRECT ACCESS TO THE OUTSIDE, FROM EACH LIVING UNIT. THERE WERE NO SMOKE DETECTORS PROVIDED. * 806-02 61C-1.004(10) FAG MEANS OF ACCESS MUST PERMIT UNOBSTRUCTED TRAVEL AT ALL TIMES AND BE MAINTAINED FREE OF OBSTRUCTIONS THE BACK EXITS TO SEVERAL UNITS WERE OBSTRUCTED. 4.18-01 61C-1.004(6)FAG — ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, GLEAN AND FREE OF OBSTRUCTIONS. THE SOFFIT (4105-4107) HAD BEEN RIPPED OFF AND WAS MISSING. * denotes critical violation = District: 04 License Type: 2062 Case Number. 2006057917 License Number: NO LIC Fila Number: 197 18TH PLACE APTS ad/ay Feb 25 2008 10:25 g2/25/ 2888 1a:18 8584146749 DEPR OGA PAGE 85/87 Exhibit A §.25-01 810-3.001(7) FAG 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 A. THE TREES AND BUSHES AROLIND THREE BUILDINGS WERE OVERGROWN. B. TIRES, BOARDS, PAINT AND OTHER DISCARDED ITEMS WERE ON THE PREMISES, 6. 38-02 509.241(1) AND (2)FS LICENSES; ANNUAL RENEWALS, EACH PUBLIC LODGING ESTABLISHMENT SHALL OBTAIN A LICENSE FROM THE DIVISION, SUCH 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 LIGENSE 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 4 PUBLIC LODGING ESTABLISHMENT LICENSE, IT IS THE RESPONSIBILITY OF THE LICENSEE TO RENEW THE LICENSE PRIOR TO THE EXPIRATION DATE. ANY PUBLIG 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. THE FACILITY WAS OPERATING AS A NON-TRANSIENT APARTMENT WITHOUT A LICENSE FROM THE DIVISION OF HOTELS AND RESTAURANTS. * denotes critical violation District 94 Case Number, 2006057917 License Type: 2052 Fila Number: 197 Licange Number: NO LIC 18TH PLACE APTS Feb 25 2008 10:25 g2/25/ 2888 1a:18 8584146749 DEPR OGA PAGE wee ee on eed dee ee eames . . pine EIR tiem oe conrad — —e 12/20/2886 15:32 7727 7864 oe _- OFFICE DEPOT ~ PAGE 62 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS ELECTION OF RIGHTS Respendent: BROWN ANCEL Case No: 2006057917 18TH PLACE APTS. | have read the accompanying Administrative Complaint and Explanation of Rights in this matter, and elect as follows (MARK ONE BOX ONLY): . SETTLEMENT OPTION QO {accent the conditions of the Stipulstion and Consent Order including the $1300.90 fine and I will eign and ratuen both tha ELECTION OF RIGHTS and the STIPULATION AND CONSENT ORDER. |fthe Order ig nat approved, | requast an informal hearing pursuant 16 Saction 120,57(2), Florida Statutes. HEARING OPTIONS On ets alleged in the Administrative Compisint and detailed In Exhibit A and wish to be heard on the issue of penalty of conclusions of law. | request an informal hearing pursuant te Section 120,57(2}, Florida Statutes. | understand that at that hearing | will be permitted ta submit only written of oral evidence in mitigation of the charges or explain why the facts alleged do not constitute @ violation of law: Fapute the allaged in the Administrative Complaint and detalled in Exhibit A and request an evidentiary hearing pursuant to Section 120,57(1). Florida Statutes, #AX COMPLETED FORMS TO 561.682.0185 OR MAIL TO ADDRESS LISTED BELOW. Please be advised this i4 a legally binding document, and contains impertant information regarding your rights: Should you desire advice ragarding your response, you May wish to seek legal counsel before proceeding. By signing this document, you represant you are authorized to act on behalf of tha aptablishment named herein and accept responsibilty for compliance with any final order resulting from this action. ou pur pact aan whish may result ossib nenatties agains our linens £09.281 Florida Statutes, penalties may Include suspension, revocation or refueal ofthe license, mandatory attendance at an educational program, and fines up to $1900 pet day for each violation. Telephone number to be used for contact: “7 - SEY Gul 5 Total number of amployees:___ Fax: . - Additional telaphone numbers: Signatura: Conte c Date: Print Name: Aint CEL B Onroad Title: . City State zip Business Location Address 4 Mailing Address MAIL OR FAX THIS COMPLETED FORM TO: Sulte 184, 400 North Congr Avanus, West Palm Beach, Florida 33401-6701 ‘ax 561.682.0155 Iorida Statutes, that Kation Ip not available for this agency action. Case Number; 3008087817 Dlavict Nurhber: 04 License Number: 9900000 2052 Form revised 10.10.08 BROWN ANCEL Please bo advised pursuant to Section 120. a6 /a7

Docket for Case No: 08-000989