a1/B4/ 2018 ag: 20 Jan 5 2010 14:37 8584146749 DBPR OGA STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, V5. License No. 6600233 INDIAN RIVER we dent License Type 2003 eeponcent. Case No. 2008068264 _ : ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitione:), files this Administrative Complaint against INDIAN RIVER LLC, (‘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 is, and has been at all times matefial hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. ‘Tha respondent's business address of record is 601 8 INDIAN RIVER BR, FORT PIERCE, FLORIDA 34950. The mailing address of record is INDIAN RIVER LLC, at 2550 NW 43 ST APT #339, MIAMI, FLORIDA 33125. 4. Inspection of this establishment conducted pursuant to Sac. 509,032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing: operation of the establishment. The violatlon(s) found and applicable law are described in Exhibit"s,” 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 offanse, mandatory attendance at Respondent's expense at an educational program sponsored hy the Department's Hospitality Education Program, suspension, revocation, oF 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 22, 2008 ; eo Vou 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. Tunnictiff, Lead Attorney Florida Bar No. 0153831 Department of Business & Professional Regulation 4940 North Monroe Street Tallahassee, Florida 32399-1 007 CERTIFIGAT — OF SERVICE BY CERTIFIED U.S, MAIL, ARTIGLE NUMBER: . | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been , 2008. hand served by me on this day of Received by: Inspector's Signature Operator's Signature Title Title District Number. 04 Case Number: 2008068254 Fila Number: 62255 Farm revised 07.07.07 Lieenga Number: 6800233 2003 INDIAN RIVER LLC PAGE 93/85 | Jan 5 2010 14:38 81/64/2818 89: 28 8584146749 DEPR OGA PAGE @4/@5 Exhibit & License Number: 6600233 License Type: 2003 APARTMENT Case Number: 2008068254 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 herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61c-1.004(5), Florida Administrative Gode. * denotes a critical violation. Itis alleged that on August 6, 2008, October 20, 2008, November 16, 2008 the licensee was in violation of Florida Statute 509(FS) and/or tha Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the following particulars. Copy(s) of the reports) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 4.4201 §09.211(4) FS EACH PUBLIG LODGING ESTABLISHMENT THAT |S THREE OR MORE ~ STORIES IN HEIGHT MUST HAVE SAFE AND SECURE RAILINGS ON ALL BALCONIES, PLATFORMS, AND STAIRWAYS, AND ALL SUCH RAILINGS MUST BE PROPERLY MAINTAINED AND REPAIRED. THE AND 42-06 61C-3.001(11)(AJFAC AS PROVIDED IN SECTION 509.2112, FS, EVERY PUBLIC LODGING ESTABLISHMENT WHICH IS 3 OR MORE STORIES IN HEIGHT, OR WHICH HAS A VERTICAL DISTANCE OF 17 FEET OR MORE FROM THE LOWEST GRADE LEVEL TO ANY BALGONY MUST SUBMIT TO THE DIVISION A CERTIFICATE STATING THAT ANY AND ALL BALCONIES, STAIRWAYS, AND RAILWAYS HAVE BEEN INSPECTED BY A PERSON WHO, THROUGH EDUCATION AND EXPERIENCE, IS COMPETENT TO INSPECT MULTLSTORY BUILDINGS AND FOUND BY SUGH PERSON TO BE SAFE, SECURE, AND FREE OF DEFECTS. THE TERM “BALCONY IS DEFINED AS A LANDING OR PORCH BUILDING WHICH ARE UNENCLOSED, EXCEPT BY A RAILING, GUARDRAIL SYSTEM, BALUSTRADE, OR PARAPET. IT SHALL ALSO INCLUDE THOSE PORTIONS OF A BUILDING WHICH ARE ENGLOSED BY SCREENING, OR OTHER NON-PERMANENT BUILDING MATERIAL. A) THE HAND RAIL AT MID FACILITY BY THE LAUNDRY ROOM WAS LOOSE. B) THERE WAS NO CURRENT BALCONY CERTIFICATE ON SITE OR IN THE DISTRICT 4 OFFICE IN ORLANDO. : . 2.49-08 5-203.14 FC BACKFLOW PREVENTION DEVIGE, WHEN REQUIRED. A PLUMBING SYSTEM SHALL BE INSTALLED TO PRECLUDE BACKFLOW OF ASOLID, LIQUID, OR GAS CONTAMINANT TO THE WATER SUPPLY SYSTEM AT EACH POINT OF USE AT THE [PUBLIC LODGING | ESTABLISHMENT], INCLUDING ON A HOSE BIBB IF AHOSE IS ATTACHED OR ON A HOSE BIBB IF A HOSE IS NOT ATTACHED AND BACKFLOW PREVENTION iS REQUIRED BY LAW, BY: (A) PROVIDING AN AIR GAP AS SPECIFIED UNDER SECTION 5-202.13, OR (B) INSTALLING AN APPROVED BACKFLOW PREVENTION DEVICE AS SPECIFIED UNDER SECTION 5-202.14. THERE WAS NO BACKFLOW PREVENTER ON THE HOSE BIBB BETWEEN APARTMENTS #9 AND #10. * denotes critical violation District: 04 Case Number: 2008068254 License Type: 2003 License Number: 6600233 File Number: 82255 INDIAN RIVER LLC

Docket for Case No: 10-000037