Jun 4 2008 15:53 66/@4/2088 16:53 8584146749 DEPR OGA PAGE 85/18 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitloner, V5. CAPE WINDS CONDOMINIUM ricense we pean Respondent. Case No. 2007065237 / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against CAPE WINDS CONDOMINIUM, (“Respondent”), and says: 1, Patitioner 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 is, and has been at all times material hereto, licansed by or subject to the jurisdiction of the Division of Hotels and Restaurants, The respondent's business address of record ja 7400 RIDGEWOOD AVE., CAPE GANAVERAL, FLORIDA 32920.The mailing address of racord is CAPE WINDS CONDOMINIUM, at 7409 RIDGEWOOD AVE, #304, CAPE GANAVERAL, FLORIDA 32920. 3. Inspection of this establishment conducted pursuant to Sec, 509,032, Florida Statutes, revealed violations of the provisions of Chapter 609, 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 Departmerit’s Hospitality Education Program: suspension, revocation, or refusal of 4 license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed December 04, 2007 . ‘ Valerie Freeman, District Manager By delegation of the Director, or designee Division of Motels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Aitornay 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: [HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has baan hand served by me on this day of , 2007. en Received by: Inspectors Signature Operator's Signature Title Title Case Number, 2007065237 Fite Number, 10088 District Number; 04 License Number: 1600020 2006 Form tavieed 07.07.07 CAPE WINDS CONDOMINIUM B6/a4/ 2088 16:53 8584146749 DEPR OGA Jun 4 2008 15:54 PAGE 46/18 Exhibit A License Number: 1500020 License Type: 2006 RESORT CONDOMINIUM Case Number: 2007085237 - FC 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 herain references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, Fira Prevention, General Provisions, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. “denotes a critical violation. Itis alleged that on May 14, 2007 the licensee was in violation of Floridg Statute 609(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the follawing particulars. Capy(s) of the report(s} for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit 8. "41.03 NFPA 104, 28.3.5.1 SPRINKLER SYSTEM. ALL BUILDINGS SHALL BE PROTECTED THROUGHOUT BY AN APPROVED, SUPERVISED AUTOMATIC SPRINKLER SYSTEM IN ACCORDANCE WITH 28,3,5,3, AND NFPA 101, 4.6.12 CHANGES IN OCCUPANCY. IN ANY BUILDING OR STRUCTURE, WHETHER OR NOT A PHYSICAL ALTERATION IS NEEDED 1A CHANGE FROM ONE OCCUPANCY CLASSIFICATION TO ANOTHER SHALL BE PERMITTED ONLY WHERE SUCH A BUILDING, STRUCTURE, OR PORTION THEROF CONFORMS WITH THE REQUIREMENTS OF THIS CODE THAT APPLY TO NEW GONSTRUCTIGN FOR THE PROPOSED NEW USE OR, WHERE SPECIFICALLY PERMITTED ELSEWHERE IN THE CODE, EXISTING CONSTRUCTION FEATURES SHALL BE PERMITTED TO BE CONTINUED IN USE IN CONVERSIONS. THERE WAS NO FIRE SPRINKLER SYSTEM INSTALLED AT CAPEWINDS RESORT. MORE THAN 50% OF THE UNITS ARE BEING HELD OUT AS TRANSIENT RENTALS. THIS OPERATOR HAS 46 OF 69 TOTAL UNITS, * denotes critical violation , District o4 Gase Number: 2007065237 License Type: 2006 License Number: 1500020 File Number: 10089 CAPE WINDS CONDOMINIUM Jun 4 2008 15:54 B6/a4/ 2088 16:53 8584146749 DEPR OGA PAGE @7/1a Page 2 wemenguet eee | EXHIBIT LEGAL NOTICE Fafure to comply with thie Hotion may initiate om mdendalstrative cormploint teat mury Terni in nuapanelon or revacation of pour lirwinn and fats, OS/14/07 10:28 AM 1500020 cnno ‘Inspection Date and Tare Lickkhe Amber APE WIMY'S CONDOMINIUM ASSHLING wurevens umber CAPEWINOS RESORT CONDOMINEIM Rees Goer TeNephOne “mm LOS 6 urbe OF UnrRs 7400 RIDGEWOOO AVE GAPE CANAVERAL, 3253} OTE; nem wanrkced above with xv aatariek (*) lndicete: # viotstion: feapecine’s Comite J Signature of Recipient Date Reckgient: cirnty obvalFer For further infenmation plete contact: Dire re ™ al Satin ad fey Sewn 40 Wet obnoon Set 2 Phone SAE 78-4206 Ertando, Feria ae _SAFETY a_i ee a a A lien I a Laan al SaaRTON a i eth bl bas a i Wlcaontoalidiaain al (ileal ‘Vrotntiona remarked with én dnibariak ane erea! vielations. Mame marked YES are én complence. Tuetie Marloed NO are vinlstions, Specific detalts of vicletion are Usted on | i i : i | | I | f 3 q F : Jun 4 2008 15:54 B6/a4/ 2088 16:53 8584146749 DEPR OGA PAGE 88/18 royce Likenes Nuiniber s — STATE OF FLORIDA . cNDQ SiKH20 DEPARTMENT OF BURINESS AND PROFESSIONAL REGULATION Business Nacne DIVZCION OF HOTELS AND RETTAURANTS Styne, CAPEWINDE RESORT CONDOMINIUM swerve capflorkiacom/abpr « la om Teta LODGING INSPECTION REPT fi * " LEGAL NOTICE . SSAA? Loree am Fafa to comply with this Nation mony ialtiote 2m adeniniatrative complaint thut may riselt in srepension or revncetion of your Roose: and fnew. ‘Violations marion with me utteriok pre cridcal violations. Timma marion Y2S are iy complica, items Marked 4101 are vioktons. Gpauic detatt of vielstion are lated ot MubEIUENE PEOWE, Tort Hiariad AUA.ere Mot Applicibie, Tere: Marine! aa A) ane Not Okmervet, amd wine not being conducted at the Uma oF Inapection, Vieistlon{s}: 03-01:Obeerwed ne Fire eprinider syotert WestaRed.Capwvinds Mort DPR Form HR 7022-014 a6/ ad/ Page weapons 16:53 Nestled on the Sandy Shoras of Fiorida’s Beautiful Space Coast Just 20 minutes from Kennedy Space Center 8584146749 aN hy Re REY LDL SEL MO Cape Winds Resort la located directly on the oceanfront three blocks from Florida's world famous ocean drive, ATA, This exclusive area is peaceful and quiet yat close to all the adventurel You are only moments away from a variety of great restaurants and Specialty shops. ® Copyright 2003, Cape Winds Condominium Assaciation, Inc, Last Updated: January 13, 2004 Webmaster: Chartworks, LLC, hitp://www.capewindsresort.com/ DEPR OGA Jun 4 2008 15:54 PAGE 89/14 rage | ol digeu Cape Canaverz 888.439. Fax 321-7! e-tha info@capewind Close by, is exciting Kennedy Space Center and world renowned Port Canaveral, the home port of many of the Caritbean's riost popular crulees. You can have it all at Capa Winds Resort. Relax on the beach, or Ina comfortable one-hour drive be at the exciting theme parks and attractions of Central Florida. — & ify Pe 7/6/2007 Jun 4 2008 15:55 B6/a4/ 2088 16:53 8584146749 DEPR OGA PAGE 18/14

Docket for Case No: 08-002656