Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: CUSTOM HOMES OF SOUTH FL
Judges: JUNE C. MCKINNEY
Agency: Department of Business and Professional Regulation
Locations: West Palm Beach, Florida
Filed: Jul. 18, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, September 13, 2011.
Latest Update: Dec. 23, 2024
State of Florida
Department of Business and Professional Regulation
Division of Hotels and Restaurants
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Petitioner,
vs.
License Number. 1606024
CUSTOM HOMES OF SOUTH FL License Type 2003
Respondent. Case Number 2010036044
Administrative Complaint
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (“Petitioner”), files this Administrative Complaint against CUSTOM HOMES OF SOUTH FL,
(“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 material hereto, licensed by or subject to the jurisdiction of the
Division of Hotels and Restaurants, The respondent's business address of record is 5821 NW 17 PL,
SUNRISE, FLORIDA 33313.The mailing address of record is CUSTOM HOMES OF SOUTH FL, at 1730
S FEDERAL HWY #283, DELRAY BEACH, FLORIDA 33483, ,
3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations
of the provisions of Chapter 509, Florida Statutes, and / or the rules promuigated thereto governing
operation of the establishment. The violation(s) found and applicable law are described 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 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 August 03, 2010
Division of Hotels & Restaurants
Department of Business & Professional Regulation
COUNSEL FOR THE DEPARTMENT:
Marc Drexler, Lead Attorney
Florida Bar No. 0487058
Department of Business & Professional Regulation
1940 North Monroe Street
Tallahassee, Florida 32399-2202
Certificate of Service
BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:
| HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been
hand served by me on this_____ day of , 2010.
a Recelved by:
Inspector's Signature Operator's Signature
Title Title
Case Number: 2010036044 — File Number: 83300 District Number: 02
License Number: 1606024 2003 Form revised 10.15.09
CUSTOM HOMES OF SOUTH FL
Filed July 18, 2011 3:54 PM Division of Administrative Hearings
Exhibit A
License Number: 1606024
License Type: 2003 APARTMENT
Case Number: 2010036044
“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 Code.
“™ denotes a critical violation.
It is alleged that on April 20, 2010, June 29, 2010 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 report(s) for the above referenced inspection(s) are attached hereto and
incorporated by reference as Exhibit B,
* 1,12-04-1 NFPA 101, 5-2.2.4.6(C) OPEN GUARDS SHALL HAVE INTERMEDIATE RAILS OR AN
ORNAMENTAL PATTERN SUCH THAT A SPHERE 4 INCH (10.1 CM) IN DIAMETER CANNOT PASS
THROUGH ANY OPENING. [EXCEPTION NO.3 TO (C): APPROVED EXISTING OPEN GUARDS.] FOR
REPORTING PURPOSES ONLY.
OBSERVED GREATER THAN 4 INCHES OPENING ON STAIRWAY TO APT 17.
2.19-08 §-203.14FC BACKFLOW PREVENTION DEVICE, WHEN REQUIRED, A PLUMBING
SYSTEM SHALL BE INSTALLED TO PRECLUDE BACKFLOW OF A SOLID, 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.
OBSERVED BACKFLOW PREVENTER MISSING FROM HOSE BIBB.
* 3.38-02 509.241(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 PUBLIC LODGING
ESTABLISHMENT ... SHALL APPLY FOR AND RECEIVE A LICENSE FROM THE DIVISION PRIOR TO
THE COMMENCEMENT OF OPERATION. A CONDOMINIUM ASSOCIATION, AS DEFINED IN S. 718,103,
WHICH DOES NOT OWN ANY UNITS CLASSIFIED AS RESORT CONDOMINIUMS UNDER 8S.
509.242(1)(C) SHALL NOT BE REQUIRED TO APPLY FOR OR RECEIVE A PUBLIC LODGING
ESTABLISHMENT LICENSE. IT 1S 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 ESTABLISHMENT OPERATING WITHOUT A LICENSE.
Case Number: 2010036044 File Number: 83300 District Number: 02
License Number: 1606024 2003 Form revised 10.15.09
CUSTOM HOMES OF SOUTH FL
Docket for Case No: 11-003478
Issue Date |
Proceedings |
Sep. 13, 2011 |
Order Closing File. CASE CLOSED.
|
Sep. 12, 2011 |
Notice of Voluntary Dismissal filed.
|
Jul. 28, 2011 |
Order of Pre-hearing Instructions.
|
Jul. 28, 2011 |
Notice of Hearing by Video Teleconference (hearing set for September 27, 2011; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
|
Jul. 25, 2011 |
Response to Initial Order filed.
|
Jul. 19, 2011 |
Initial Order.
|
Jul. 18, 2011 |
Agency referral filed.
|
Jul. 18, 2011 |
Election of Rights filed.
|
Jul. 18, 2011 |
Administrative Complaint filed.
|