May 1? 2010 13:57 5/16/2616 88:39 8584146749 DEPR OGA PAGE 83/85 | State of Florida ; Department of Business and Professional Ragulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION , Petitioner, VS JBMG DEVELOPMENT LLC License Number 9900000 R 5 License Type 2052 MIRAMAR VILLA Case Number 2009048604 Respondent / Administrative Complaint : The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner"), files this Administrative Complaint against JBMG DEVELOPMENT LLC, MIRAMAR VILLAS, ("Respondent’), and says ‘ 4 Pettoner ts 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. Respondentis, and has been at all times material hereto, licansed by or subject ta the jurisdiction of the Dwigion of Hotels and Restaurants The respondent's business address of recard 1s 6032 SW 27 ST, MIRAMAR, FLORIDA 33023 The mating address of record is MIRAMAR VILLAS, at 150 NW 168 ST, MIAMI, FLORIDA 33161 3 Inspection of this establishment conducted pursuant to Sec 509 032, Florida Statutes, revealed violations of the provisions of Chapter 509, Flonda Statutes, and / or the rules promulgated thareta governing operation of the establishment The violation(s) found and applicable law are desonbed 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 imposing one or more of the following penalties administrative fine not to exceed $1,000 per offense, suspension, revocation, or Tefuisal of a license issued pursuant to this Chapter, and/or any other ralief authonzed by Chapter 509, Florida Statutes, or the rules promulgated thereto Signed September 15, 2009 Ken Buck, District Manager By delegation of the Director, or designes Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT ‘ Marc Drexter, Lead Attorney Florda Bar No 0487058 Department of Business & Professional Regtlation 4940 North Manroe Street Tallahassee, Flonda 32399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: | HEREBY CERTIFY thata true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2009 Recewed hy Inspector's Signature Operator's Signature ns Title Title Gase Number 2009048604 File Number 620 Dietnet Number 02 Licanse Number 9900000 2052 Form revised 07 15 09 JBMG DEVELOPMENT LLC May 1? 2010 13:58 @5/16/2018 88:39 8584146749 DEPR OGA PAGE @4/@5 Exhibit A License Number NO LIC Linense Type: 2052 NON-LIGENSED LODGING Case Number 2008048604 “EC” as cited herem references speotfic provisions of the Food Cade, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code “NEPA” as cited herein references specific provisions of the National Fike Protection Association Life Safety Code, incorporated by raference at Chapter 44-3, “Fire Prevention, General Provisions”, Florida Administrative Code, and 610-1 004(5), Florida Administrative Code 1 “ denotes a critical violation Itis alleged that on April 6, 2009, August 31, 2008 the htensee was in vielation of Florida Statute 508(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Admurustrative Cade (FAC), In the following particulars Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B 113-01 61C-7.004(6)FAC ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS. OBSERVED A BROKEN WINDOW..,.UNIT 4. 225-01 81C-3001(7)FAC PREMISES- THE YARDS, ALLEYS, privEWAYS, 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 OBSERVED HOLES IN THE PARKING LOT. 326-15 $501.114FC USING DRAIN PLUGS. DRAINS IN RECEPTACLES AND WASTE HANDLING UNITS FOR REFUSE, RECYCLABLES, AND RETURNABLES SHALL HAVE DRAIN PLUGS IN PLACE A, OBSERVED A DUMPSTER MISSING A DRAIN PLUG. B. OBSERVED THE DUMPSTER OVERFLOWING, 438-02 509 241(1) AND (2)FS LICENSES; ANNUAL RENEWALS BACH PUBLIC LODGING ESTABLISHMENT SHALL OBTAIN A LICENSE FROM THE DIVISION SUCH LICENSES MAY NOT BE TRANSFERRED FROM ONE PLACE OR INDIVIDUAL TO ANOTHER _LIGENSES SHALL BE RENEWED ANNUALLY APPLICATION FOR LICENSE -- EACH PERSON WHO PLANS TO OPEN A PUBLIC LODGING ESTABLISHMENT .. SHALL APPLY FOR AND RECEIVE A LIGENSE FROM THE DIVISION PRIOR TO THE COMMENCEMENT OF OPERATION. ACONDOMINIUM ASSOCIATION, AS DEFINED INS 718.103, WHICH DOES NOT OWN ANY UNITS CLASSIFIED AS RESORT CONDOMINIUMS UNDER 8. 508 242(1)(C) SHALL NOT BE REQUIRED TO APPLY FOR OR RECEIVE A PUBLIC LODGING ESTABLISHMENT LICENSE. IT IS THE RESPONSIBILITY OF THE LICENSEE TO RENEW THE LICENSE PRIOR TO THE EXPIRATION DATE ANY PUBLIC LODGING ESTABLISHMENT OPERATING ON AN EXPIRED LICENSE [S DEEMED TO BE OPERATING WITHOUT A LICENSE, AND SUBJECT TO THE PENALTIES PROVIDED FOR THIS OFFENSE IN LAW AND RULE. OBSERVED THE ESTABLISHMENT OPERATING WITHOUT A HOTEL AND RESTAURANT LICENSE...LICENSE FEES QUE: $175. Gase Number 2009048604 File Number 620 Distnet Number 02 License Number 9900000 2052 Form ravised 07 15 08 JBMG DEVELOPMENT LLG :

Docket for Case No: 10-002674