State of Florida

Department of Business and Professional Regulation Division of Hotels and Restaurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Petitioner,

vs.

JANDRIC APTS

------ -·'

Respondent.

)

License Number. 5105067

License Type 2003

Cas Number 2010037290

Administrative COmplaint

The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND

RESTAURANTS, ("Petitioner''}, files this Administrative Complaint against JANDRIC APTS, (''.Respondent"), and says: · ·

1 .- Petitioner is the state agency charged with regulating the operation of public lodging establishments E)nd public food service establishments, pursuant to Section 20.165 and Chapter 509, Florld?l Statutes.

1. 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 1514 W 12 AVE, BRADENTON, FLORIDA 34205-6628.The mailing address of record Is JANDRIC APTS, at 6903 9 AVE W, BRADENTON, FLORIDA 34209.

2. lnsp'eclion of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed vlolations of the provisions of Chapter 509, Florida Statutes, and/ or the rules promulgated thereto governing operation of the establishment. The vlolation(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 llcense

_issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. · · ·

Signed July 29, 2010

COUNSEL FOR THE DEPARTMENT:

Marc Drexler, Lead Attorney Florida Bar No. 0487058

Gary TIiiman, District Manager

By delegation of the Director, or deslgnae Division of Hotels & Restaurants

Departme t of Business & Professional Regulation

Department of Business & Professional Regulation 1940 North Monroe Street

Tallahassee, Florida 32399"2202

Certificate of Service

BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9845 5467 2115

I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAJNT has been

1

....ban_ _ eiyed y_n,_e_on_ tbis   d y of                          q_1Q. '

Inspector's Signature

Received by:                               _ Operator's Signature

Title Title

Case Number: 2010037290 File Number: 82354

License Number: 5105067 2003

JANDRIC APTS

District Number: 07

Form revised 10.15.09

Filed August 1, 2011 4:30 PM Division of Administrative Hearings

Exhibit A

License Number: 5105067 License Type: 2003 APARTMENT Case Number: 2010037290

"FC" as cited herein refere_nces 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 December 23, 2008, February 2, 2009, March 13, 2009, June 3, 2010 the licensee was in I

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. 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 l;JE 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 INS. 718.103, WHICH DOES NOT OWN ANY UNITS CLASSIFIED AS RESORT CONDOMINIUMS UNDER S.

509.24.2(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 IS DEEMED TO BE OPERATING WITHOUT A LICENSE, AND SUBJECT TO THE PENALTIES PROVIDED FOR THIS OFFENSE IN LAW AND RULE. .

OPERATING A PUBLIC LODGING ESTABLISHMENT WITHOUT A LICENSE. ADVERTISING BY SIGN APARTMENTS FOR RENT. REPEAT VIOLATION, LICENSE EXPIRED 12/1/07.

Case Number: 2010037290 FIie Number: 82354

License Number: 5105067 2003 JANDRIC APTS

District Number: 07

Form revised 10.15.09

Docket for Case No: 11-003869