62/25/2688 16:35 8584146749 Feb 25 2008 10:41 DEPR OGA PAGE 83/85 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, v8, sur wore tests Nee Respondent. ye ] Case No, 2007066256 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Patitioner”), files this Administrative Complaint against BUDGET MOTEL, (‘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 20.165 and Chapter 509, Florida Statutes. 2, Respondent ia, and has been at all times material hereto, licansed by or subject to the jurisdiction of tha Division of Hotels and Restaurante, The respondent's business address of record is 1400 E US 304 BLVD, BRADENTON, FLORIDA 342034862 The malling address of record is BUDGET MOTEL, at 1400 E US 301 BLVD, BRADENTON, FLORIDA 342034862, 3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revested violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing Opération of the establishment. The vidlation(s) found and applicable law are described in Exhibit “A,” attached herete and incorporated herein by reference. Inspection decumants are attached as Exhibit "B’, incorporated herein by reference. , WHEREFORE, Patitioner respectfully requests entry of an Order imposing one or more of the following penalties, administrative fine not to exceed 34,000 per offense; mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Education Pragram; Suspension, tevacation, 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 December 10, 2007 é Claudia f ee MM ic District Manager By delegation of the Director, or designee Division of Hotels & Restaurants . . Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunniclif, Lead Attorney Florida Bar No, 0153831 Department of Business & Professional Regulation 1940 North Monros Street Tallahasses, Florida 32399-1007 TIFICATE OF SERVI BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3501 12 [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; per - inspector's Signatura Operator's Signature aN ae, a Title Title Cage Number: 2007066258. File Number: 9977 District Number: 07 License Number: 6100009 2002 Form revised 07.07.07 BUBGET MOTEL Feb 25 2008 10:41 62/25/2688 16:35 8584146749 DEPR OGA PAGE Exhibit A License Number: 5100009 License Type: 2002 MOTEL Case Number: 2007066256 "FC" as cited harein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Brug Administration, incorporated by Chapter 61C, Florida Administrative Code. "NFPa’ as cited herein references specific provisions of tha National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, "Fire Prevention, General Provisions”, Florida Administrative Code, and 61G-1,004(8), Florida Administrative Code, “" denotes a critical violation. It is alleged that on June 21, 2007, August 6, 2007, October 9, 2007 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 reporl(s) for the above referenced inspection(s} are attached hereto and incorporated by reference as Exhibit 8. * 1.04-03 4A4-43,008(11)(BKC)JFAC BATTERY POWERED, SINGLE STATION SMOKE DETECTORS, WHERE USED SHALL BE TESTED AND INSPECTED NOT LESS FREQUENTLY THAN ONCE PER WEEK AS REQUIRED BY NFPA 746-2 AS ADOPTED IN RULE 4A-3. ALOG 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. A LIST CLEARLY IDENTIFYING EACH INDIVIDUAL DETECTOR BY ITS PHYSICAL 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 GORRECTIVE MEASURES TAKEN FOR EACH IMPROPERLY FUNCTIONING DEVICE. 7. A COPY OF THE MANUFACTURER'S RECOMMENDED MAINTENANCE SCHEDULE AND PROCEDURES. (C) AT SUCH 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 NO COMPLETED/UP TO DATE SMOKE DETECTOR LOG FOR THE BATTERY POWERED - ‘SMOKE DETECTORS. 2. 18-01 610=3.001(4) FAG KITCHEN APPLIANCES AND REFRIGERATION EQUIPMENT SHALL BE KEPT CLEAN AND FREE FROM ODORS AND IN GOOD REPAIR. OBSERVED A MOLD-LIKE SUBSTANCE IN THE REFRIGERATOR GASKETS. Case Number: 2007066256 File Number: 9874 Distret Number: 07 License Nuraber: 5100009 2002 Form ravisad 07.07.07 BUDGET MOTEL 44/05

Docket for Case No: 08-000992