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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs AMERICA'S BEST INN POMPANO BEACH, 13-001435 (2013)

Court: Division of Administrative Hearings, Florida Number: 13-001435 Visitors: 3
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: AMERICA'S BEST INN POMPANO BEACH
Judges: JUNE C. MCKINNEY
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: Apr. 17, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, October 18, 2013.

Latest Update: Dec. 26, 2024
State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. AMERICA'S BEST INN POMPANO BEACH teense year pene Respondent, Case Number 2013004369 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner’), files this Administrative Complaint against AMERICA'S BEST INN POMPANO BEACH, (“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 4241 N FEDERAL HWY, POMPANO BEACH, FLORIDA 33064.The mailing address of record Is AMERICA’S BEST INN POMPANO BEACH, at 4211 N FEDERAL HWY, POMPANO BEACH, FLORIDA 33064, 3,—Inspection.of-this-establishment-conducted-pursuantto-Sec-509-032-Florida 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 applicable law are described in Exhibit “A,” attached hereto and incorporated herein by reference. Inspaction 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 January 29, 2013 S.=d,. Shannile Kallas, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Mare 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 , 2018, Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2013004369 Fila Number: 14863 District Number: 02 License Number: 1618896 2002 Form revised 01.01.13 AMERICA'S BEST INN POMPANO BEACH Exhibit A License Number: 1618898 License Type: 2002 MOTEL Case Number: 2013004369 It is alleged that on January 29, 2013 Respondent was in violation of Florida Statute 509 (FS); the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC); and/or specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, as incorporated by Chapter 61C, 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. ** denotes a high priority violation. * denotes an intermediate priority violation. ™ 1, 38-12-4 609,032(2)(b) FS and 509,281(2) FS High Priority: 509.032(2)(b) For purposes of performing required inspections and the enforcement of this chapter, the division has the right of entry and access to public lodging establishments and public food service establishments at any reasonable time. 509,281(2) Any operator who obstructs or hinders any agent of the division in the proper discharge of the agent's dutles; who falls, neglects, or refuses to obtain a license or pay the license fee required by law; or who falls or refuses to perform any duty imposed upon it by law or rule Is gullty of a misdemeanor of the second degree, punishable as-provided.tn-6-7-76,082-0r-8-775:083-Each-day-that-such-establishmentis-operated-in-violatiorroHaw-orrute is a separate offense. Observed Operator obstructing/hindering the Inspector: Person-In-Charge refused to unlock any doors to rooms for Inspection. Case Number: 2013004369 File Number: 14863 District Number: 02 License Number: 1618896 2002 ; Form revised 01.01.13 AMERICA'S BEST INN POMPANO BEACH

Docket for Case No: 13-001435
Issue Date Proceedings
Oct. 18, 2013 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Oct. 18, 2013 Joint Motion to Relinquish Jurisdiction filed.
Oct. 15, 2013 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Oct. 11, 2013 Petitioner's Witness List filed.
Oct. 11, 2013 Petitioner's (Proposed) Exhibit List filed.
Oct. 11, 2013 Transmittal Letter to Judge McKinney filed.
Jul. 25, 2013 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for October 22, 2013; 9:30 a.m.; Lauderdale Lakes, FL).
Jul. 23, 2013 Joint Motion for Continuance filed.
Apr. 30, 2013 Amended Notice of Hearing by Video Teleconference (hearing set for August 15, 2013; 1:30 p.m.; Lauderdale Lakes and Tallahassee, FL; amended as to exhibit deadline).
Apr. 30, 2013 Order of Pre-hearing Instructions.
Apr. 30, 2013 Notice of Hearing by Video Teleconference (hearing set for August 15, 2013; 1:30 p.m.; Lauderdale Lakes and Tallahassee, FL).
Apr. 25, 2013 Amended Response to Initial Order filed.
Apr. 24, 2013 Response to Initial Order filed.
Apr. 17, 2013 Initial Order.
Apr. 17, 2013 Election of Rights filed.
Apr. 17, 2013 Administrative Complaint filed.
Apr. 17, 2013 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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