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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs 305 APTS, 10-002080 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-002080 Visitors: 7
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: 305 APTS
Judges: JUNE C. MCKINNEY
Agency: Department of Business and Professional Regulation
Locations: Coral Springs, Florida
Filed: Apr. 16, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, April 27, 2010.

Latest Update: Nov. 16, 2024
Apr 16 2010 15:15 @4/15/2818 89:57 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, ! VS License Number 1613241 305 APTS R dent License Type 2003 : espon! ia Case Number 2009056140 ° Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, one OF HOTELS AND RESTAURANTS, ("Petitioner"), fles this Administratrve Complaint against 305 APTS, (“Respondent”), and says 4 Petthoner ts the state agency charged with regulating the operation of public lodging establishments and public food service establishments, pursuant to Sectian 20 165 and Chapter 509, Flonda Statutes 2 Respondent is, and has been at all times matertal hereto, licensed by or subject to the junsdiction of the Division of Hotels and Restaurants The respondent's busmess address of record is 305 SW 2 PL, POMPANO BCH, FLORIDA 330606928 The mailing address of record ts B05 APTS, at 4040 NW 1078T DR, CORAL SPRINGS, FLORIDA 330651571 3 Inspection of this establishment conducted pursuantta Sec 509 032, Fiona Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing operation of the establishment The violation(s) found and appicable law are described in Exhibit “A,” attached hereto and incorporated herein by reference (nspection documents are attached as Exhibit “BY incorporated herein by reference WHEREFORE, Petttioner respectfully requests entry of an Order imposing one or more of the following penaltes administrative fine not to exceed $1,000 per offense, suspension, revocation, or refusal of a license Issued pursuant ta this Chapter, and/or any other relief authonzed by Chapter 509, Florida Statutes, or the rules pramulgated thereto Signed October 27, 2009 i) Cathy Driscoll, Depuly District Manager By delegation of the Director, or designee Division of Hotels & Restayrants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT | Marte Drexler, Lead Attorney Florida Bar No 0487058 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassea, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: : THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2009 Received by Inspector's Signature Operator's a nature Title Title Case Number 2009056140 Fila Number 48872 Drstrict Number 02 License Number 1613241 2003 Form revised OF 15 08 305 APTS Apr 16 2010 15:15 @4/15/2818 89:57 8584146749 DEPR OGA PAGE @4/a7 Exhibit A License Number 1613241 License Type 2003 APARTMENT Case Number 2009056140 “FC” as cried herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Admimustration, incorporated by Chapter,é1C, Florida Administrative Code "NFPA" as cited heram references specific provisions of the National Fire Protection Association Life Safety Code, meorporated by reference at Chapter 4A-3, “Fire Prevention, General Provisions”, Florida Administrative Gode, and 61G-1 004(5), Flonda Administrative Gode : “" denotes a critical vialation It is alleged that on May 27, 2009, October 1, 2009 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 follawing particulars Copy(s) of the repori(s) for the above referenced inspection(s) arelattached hereto and incorporaled by reference as Exhibit B : 113-01 610-1 004(6)FAG ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS A. OBSERVED A HOLE IN THE CEILING...SOFFIT AREA THROUGHOUT BUILDING. B, OBSERVED A BROKEN WINDOW. Cc. OBSERVED A TORN SOFFIT SCREEN. | * 2 24-01 509 221(7)FS THE OPERATOR OF ANY ESTABLISHMENT LICENSED UNDER THIS CHAPTER SHALL TAKE EFFECTIVE MEASURES TO PROTECT THE ESTABLISHMENT AGAINST THE ENTRANCE AND THE BREEDING ON THE PREMISES OF ALL VERMIN ANY ROOM IN SUCH AN ESTABLISHMENT INFESTED WITH SUCH VERMIN SHALL BE FUMIGATED, DISINFECTED, RENOVATED, OR OTHER CORRECTIVE ACTION TAKEN UNTIL THE VERMIN ARE EXTERMINATED OBSERVED LIVE FLIES. \ 325-01 61C-3001(7}FAC PREMISES- THE YARDS, ALLEYS, DRIVEWAYS, SIDEWALKS, AND OTHER EXTERIOR PORTIONS OF THE LICENSED PREMISES SHALL BE KEPT CLEAN, FREE OF DEBRIS, FREE OF OBJECTIONABLE ODORS, AND PROPERLY DRAINED, MAINTAINED AND MOWED A. OBSERVED TRASH! DEBRIS ON THE GROUND. B. OBSERVED STANDING WATER ON THE GROUND. G. OBSERVED DISCARDED EQUIPMENT STORED OUTSIDE THE BUILDING. 4 26-28 5-501 113{8)FC COVERING RECEPTACLES RECEPTACLES AND WASTE HANDLING UNITS FOR REFUSE, RECYCLABLES, AND RETURNABLES SHALL 8E KEPT COVERED (B) WITH TIGHT-FITTING LIDS OR DOORS IF KEPT OUTSIDE THE [PUBLIC LODGING ESTABLISHMENT) A. OBSERVED OUTSIDE WASTE RECEPTACLE WITH LID NOT PROPERLY CLOSED. B, OBSERVED A WASTE UNIT THAT IS ACCESSIBLE TO THE ENTRANGE OF PESTS, CG. OBSERVED GARBAGE NOT DISPOSED OF FROFERLY...UNBAGGED TRASH. Case Number 2009056140 File Number 48872 . Oistnet Number 02 License Number 1613241 2003 - Formrevised 07 15 09 305 APTS

Docket for Case No: 10-002080
Source:  Florida - Division of Administrative Hearings

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