@l/a4/2818 89:25 8584146749 DEPR OGA Jan 5 2010 14:42 PAGE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND . ' PROFESSIONAL REGULATION Petitioner, vs. License Number 2313566 (expired ANNA MARIE TOWERS, License Type i 2003 (oxeree) Respondent. Case Number 2008056652 re ADMINISTRATIVE COMPLAINT _ The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against ANNA MARIE TOWERS, (‘Respondent’), and says: 4. Petitioner is the state agency charged with ragulating the operation of public lodging astablishments 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 Hateis and Restaurants. The respondent's business address of record is 436 NE 82 STREET, MIAMI, FLORIDA 33138.The mailing address of record Is ANNA MARIE TOWERS at PO BOX 653104, MIAMI, FLORIDA 33265. 3. A review of the licensure records of the Division of Hotels and Restaurants reveals that the licensure far this establishment has expired; however, the establishment has continued to operate, in violation of the provisions of Chapter 509, Florida Statutes, and / of the rules promulgated thereto. The violation(s) and applicable law are desoribed 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 impasing 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, 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 thereio. Signed October 10, 2008 >, an fhor Shannie Kallas, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professionat Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attorney Florida Bar No, 0153831 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassea, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 74160 3904 9849 99617702 : 1 HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been 2 , hand served by me on this, day of , 2008. ; Received by: inspector's Signature : Operator's Signature Title . Title Case Number: 2008056852 File Number: T6127 . District Number: 01. Licanse Number: 2313586 (expired) 2003 Form ravised 07.07.07 ANNA MARIE TOWERS a3/@5 @l/a4/2818 89:25 8584146749 DEPR OGA Jan 5 2010 14:43 PAGE Exhibit A License Number: 2313566 License Type: 2003 APARTMENT Case Number: 2008056852 FC as cited herein references specific provisions of the Food Cade, Recommendations of the United States . Public Health Service, Food and Drug Administration, Incorporated by Chapter 610, Florida Administrative Code. NEPA as cited herein references specific provisions of the National Fire Protection Association Life Safaty 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 violatian, itis alleged that on August 6, 2008, 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 repart(s) for the above referenced inspaction(s) are attached hereto and incorporated by reference as Exhibit B. + 4.3802 §09-241(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 PUBLIO LODGING ESTABLISHMENT . .. SHALL APPLY FOR ANO RECEIVE A LICENSE FROM THE DIVISION PRIOR TO THE COMMENCEMENT OF OPERATION. A GONDOMINIUM ASSOCIATION, AS DEFINED IN &. 718.103, WHICH DOES NOT OWN ANY UNITS CLASSIFIED AS RESORT CONDOMINIUMS UNDER §. §09.242(1)(C) SHALL NOT BE REQUIRED TO APPLY FOR OR RECEIVE A PUBLIG LODGING ESTABLISHMENT LIGENSE, IT I$ THE RESPONSIBILITY OF: THE LICENSEE TO RENEW THE LICENSE PRIOR TO THE EXPIRATION DATE. ANY PUBLIC LODGING ESTABLISHMENT OPERATING ON AN EXPIRED LICENSE IS DEEMED TO BE OPERATING WITHOUT A LICENSE, AND SUBJECT TO THE PENALTIES PROVIDED FOR THIS OFFENSE IN LAW AND RULE. OBSERVED THE ESTABLISHMENT OPERATING WITH AN EXPIRED LICENSE. District: 02 “License Type: 2003 - File Number: 76127 * denotes critical violation Case Number: 2008056852 Licanse Number: 2312566 ANNA MARIE TOWERS a4/a5

Docket for Case No: 10-000039