Feb 16 2009 3:55 g2/16/2889 89:53 8584146749 DEPR OGA PAGE 83/87 ‘ STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, Ve. . . License Number 1505678 (expired) DIPLOMAT CONDOS ~ Ligense Type 2007 Respondent é Gase Number 2008054618 AOMINISTRATIVE GOMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against DIPLOMAT CONDOS, Respondent’), and says: 4, 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 is an establishment subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of racard Is 3180 N ATLANTIC AVE #880A, COCOA BEACH, FLORIDA 32931, The mailing address of record is DIPLOMAT CONDOS at 4510 MONICA CT, MERRITT ISLANDS . FLORIDA 22953, : ss 3. Areview of the licensure records of the Division of Hotels and Restaurants reveals that the licensure fore this establishment has expired; however, the establishment has continued to operate, in violation of the” provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto. The violation(s) and! applicable law are deseribed in Exhibit "A", attached hereto and incorporated herein by reference. = =, Inspection documents are attached as Exhibit "B", incorporated herein by reference, ai WHEREFORE, Petitioner. respectfully requests entry of an Order imposing one or more of the following penalties: administrative fine not to exceed $1,000 pet offense; mandatory attendance at Respondent's Gy expense atan 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 609, Florida Statutes, or the rules promulgated thereto, ; Signed October 03, 2008 ef Unter Valerie Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, 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: FR a | HEREBY CERTIFY that a true and correct ca fthe foregoing ADMINISTRA g NEE dine day of if Received by: Case Number 2008054815 File Number: 41387 . Distriet Number: 04 License Number; 1505676 (expired) 2007 . Form ravised 07.07.07 DIPLOMAT CONDOS Feb 16 2009 3:55 62/16/2689 89:53 8584146749 DEPR OGA PAGE Exhibit A License Number: 1505876 License Type: 2007 RESORT DWELLING Case Number: 2008054615 1, Itis alleged that on August 5, 2008 the Respondent failed to renew a license to operate as required by law. After that date, and at all times material to this complaint, Respondent establishment operated without licensure, in violation of Florida Statute 509(F3), and/or Florida Administrative Code (FAC). Copies of the repori(s) for the above referenced inspections, Exhibit B, are attached hereto and incorporated by reference. 2. Based'on the foregoing, Respondent violated the following provisions of Chapter 509, Florida Statutes, of the rules promulgated thereto: §09.241(1) FS LICENSES; ANNUAL RENEWALS. - Each public lodging establishment and public food service establishment shall obtaln a license from the division. Such jicense may not be transferred from oné place of individual to another... Licenses shall be renewed annually, ... . 84C-1.002(8) FAC It Is th e responsibility of the licensee to renew the license prior to the expiration date. 81C-1.002(6) FAC ...An y public lodging or food service establishment operating on an expired license is deemed to be operating without 4 Ilcense, and subject to the penalties provided for this offense in law and rule. ; THE ESTABLISHMENT WAS OPERATING WITHOUT A CURRENT LICENSE FROM THE DIVISION OF HOTELS AND RESTAURANTS. THE LICENSE EXPIRED ON 4/1/08 AND WAS NOT RENEWED. * denotes critical violation . District 04 License Type: 2007 Case Number: 2008054615 License Number: 1505876 File Number: 41387 DIPLOMAT CONDOS a4/a7 Feb : 82/16/2889 89:53 8584146749 ep Te 2008 8196 DEPR OGA PAGE 85/87 STATE OF FLORT ** Page Lol 2 DRPARTMENT ¢ «| SIMESS ANID PROFESSIONAL REGULATION F. W-UP INSPECTION REQUIRED DIVISION OF HOTELS AND RESTAURANTS : Inspector determined violations require further ‘swrnrntyPlotide.com fdbpr/ hr review, but aré not an Immediate, threat to the EXHIBIT B public. LODGING INSPECTION REPORT ‘hy LEGAL NOTICE a) . Fatlure to comply with Geis Hotiog may initiate am adminictrative complalnt thet may-resuit In etispension ot revocation of your lcense and fines, 08/08/08 02:15 PM Routine 1505676 WEL — nr Inspection Date wed Time Trspection Reason : Lhahsé Number VIRKI AND ALAN GOLDFERS ADMINESTRATIVE COMPLAINT recommended. Owner Name 322-783-2402 DIPLOMAT CONDOS : Frea Code/Tetephone Number Business Name pection Resi 7 2 4-01-09 Humber of Units i Callback Date/Time Uconce Expiration 3150 N ATLANTIC AVE COCOA BEACH, 32931 ress ip / ett. . Trem 1: Aire Extinguishers Them 03; Spdpklers and Standplpea Trem 04; Afar Systems Tem 12: Balcony Certification NOTE: tents marked above with on esterisk (*) Indicate a viglation Trapector'’s Comments jalked cert 4910 montca court, Meritt sand 32931 Water Source: Muntelpal/lJenty. Sewage: junicipal/ itty. No Boller Qn Site. “Tacknowledge recelpt of this Inspection form and comments. . aa a Ak 8-05-08 1 “ot - Teen ah Date ‘Signature of Recipient Inspector Signature Reelplent: For further Information please cantact: Title DEANE LYNNE MAYNARD ‘ SANITATION AND SAFETY SPECIALIST 400 W Robinson St Phone: . Suite BOZN Oriande, FL 32801 850-487-4395 SAFETY SAFETY eee Oi Fire extinguisher/standplpe systerns yeu ‘12 Balcony, ralling eevety; raainteined = Hazards ‘Yes, Ing reper 70s sprinwler system 7 yes [4 Proper locking devices 04 Smoke detectors; tire alarm systems STATUS SANITATION 8 detectors; hearing impaired Yes fc; ites; supple g, exTeagns, emergency Agnes es Je Water source sate; heweold provided "07 Electrical Deficiencies [ves "08 Boller, baiter room YOR Poe Lighting; public, quest rooms i] a Yes Po Adequate heating ne . yes ‘Yes ies Appliances properly nstited mainrained Yes ra] Toxles, storape, USB ‘SViolabone marked wit an wetoritk ere erftical violattone, Items Trarked YES are In-somplaned. Iteme Marked NO are Volition, Specific datails of viplaton are fisted on aubsaquent pages, tteint marion N/A ara Not Appiiesbla, Items Marked ex N/B-atn Not Otuarved, and were not being tondycind ak the Hime of inpacton. BPR Porn HA StR2-014 Feb 16 2009 g2/16/2889 89:53 DEPR OGA 8584146749 STATE OF FLORIDA - MEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIORM - DXVESTON OF HOTELS AND RESTAURANTS 8:56 PAGE 86/87 Page 2 of 2 Ucets Number DWEL Susinacs Name DIPLOMAT CONDOS 1505676 ww myfiorlds.com/dbp? \ EX f | j B | ‘Tnapaction Date LODGING hahaa . T RB 99/05/08 97:16 P14 . Falldre te comply with this Notice may Initiate ant adeinistrathe complaint that may reault it ahtpension or revocntlon af your Héensd ortd Faas, ous | SANITATION “T __ status CONSUMER PROTECTION ves iz Tet protection yes 4 Leensedy erimiinal conduct ves oa Glassware, tableware; Utendlls sanitized te a5 Flaride Glean Indoor Air Act Saver comral Yves ae Telephone surchorge poste a5 premise: mantained or Yes SY Guest Reghter — SGunkage nd refurecepoes ‘STATUS GENERAL aT Siwage and warts water Gaposal ip 3g Current Ncense, dapiayed, avallabla Wpon fequest _ | CONFUMER PROTECTION [Yee ao Howsakeaping #28 Advertisernent Yer 40 Other conditions, safa, ssnitary 7 Guent property; labiiky, notes Yes 71. Posting operator service informatkan | Yer FO Room rate schedule es az Blocking operator accesa Yer i Roam rates posted a3 Copy of Ch, 505, FS: avelleble ——— ryes. Fa Security deposit fa Saal OvEBOOKING | ~—$r Ylokitiona marked With an astetigk ane etiticel violations, Teer tnarked YES ara In compliance, Items Markad NO are ‘violations, Spatifie detats of viotation are subsequent pages. Tims marked N/A ate Not Applicable, tuna Marked os WO pre Nok Gbanrvad, and ware fot being conducted at the dma of Tirspaction, ‘Vielation(e): 32-02: Observed the extablishinant operating without a ficenso, DBPR Form HR 502-014 fzted on

Docket for Case No: 09-000846