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