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.
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Oct. 15, 2013 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
Oct. 11, 2013 |
Petitioner's Witness List filed.
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Oct. 11, 2013 |
Petitioner's (Proposed) Exhibit List filed.
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Oct. 11, 2013 |
Transmittal Letter to Judge McKinney filed.
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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).
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Jul. 23, 2013 |
Joint Motion for Continuance filed.
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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).
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Apr. 30, 2013 |
Order of Pre-hearing Instructions.
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Apr. 30, 2013 |
Notice of Hearing by Video Teleconference (hearing set for August 15, 2013; 1:30 p.m.; Lauderdale Lakes and Tallahassee, FL).
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Apr. 25, 2013 |
Amended Response to Initial Order filed.
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Apr. 24, 2013 |
Response to Initial Order filed.
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Apr. 17, 2013 |
Initial Order.
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Apr. 17, 2013 |
Election of Rights filed.
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Apr. 17, 2013 |
Administrative Complaint filed.
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Apr. 17, 2013 |
Agency referral filed.
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