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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs JAMAICA MOTEL, 14-000412 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-000412 Visitors: 5
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: JAMAICA MOTEL
Judges: EDWARD T. BAUER
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Jan. 23, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, March 5, 2014.

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, 7 vs. | License Number 2308571 | JAMAICA MOTEL dent. License Type 2002 | spon h Case Number 2013048196 | Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against JAMAICA MOTEL, (“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 4601 SW 8 ST, MIAMI, FLORIDA 331342571.The mailing address of record is JAMAICA MOTEL, at 4601 SW 8 ST, MIAMI, i FLORIDA 33134. 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 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. 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 November 26, 2013 Carlos Lezcano, District By delegation of the Director, or designee 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: . 7160 3901 9848 6921 5847 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this, day of , 2013, Received by: Inspector's Signature Operator's Signature } Title Title ' | | Case Number: 2013048196 File Number: 9107 District Number: 01 | License Number: 2308571 2002 Form revised 01.01.13 : \ JAMAICA MOTEL Exhibit A License Number: 2308571 License Type: 2002 MOTEL Case Number: 2013048196 It is alleged that on August 14, 2013, and October 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. 41. 19-08-4 61C-1.004(1)(a) FAC and 5-203.14 FC High Priority: 61C-1.004 The following general requirements and standards shall be met by all public lodging and public food service establishments: (1)(a) Except as specifically provided in these rules, standards for water, plumbing and waste shall be governed by Chapter 5, Food Code, as adopted by reference in rule 61C-1.001, F.A.C. For the purposes of this section, the term “food establishment” as referenced in the Food Code shall apply to all public lodging and public food service establishments as defined in Chapter 509, FS. 5-203.14 A PLUMBING SYSTEM shall be installed to preclude backflow of a solid, liquid, or gas contaminant into the water supply system at each point of use at the FOOD ESTABLISHMENT, including on a hose bibb if a hose 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 NO BACKFLOW PREVENTER ON A HOSE BIBB/THREADED FAUCET. “2. 22-32-4 61C-3.001{3}(c) FAC High Priority: Ice for customer use shall be dispensed only with scoops, tongs or other ice-dispensing utensils or through automatic self-service, ice-dispensing equipment. OBSERVED ICE FOR CUSTOMER SELF-SERVICE NOT DISPENSED THROUGH AUTOMATIC ICE- DISPENSING EQUIPMENT. CUSTOMERS SCOOPING ICE, Case Number: 2013048196 File Number: 9107 District Number: 01 License Number: 2308571 2002 Form revised 01.07.13 JAMAICA MOTEL .

Docket for Case No: 14-000412
Issue Date Proceedings
Mar. 05, 2014 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Mar. 05, 2014 Joint Motion to Relinquish Jurisdiction filed.
Feb. 27, 2014 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Feb. 26, 2014 (Petitioner's) Notice of Voluntary Dismissal of Count filed.
Feb. 21, 2014 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Feb. 20, 2014 Petitioner's Witness List filed.
Feb. 20, 2014 Petitioner's (Proposed) Exhibit List filed.
Feb. 20, 2014 Transmittal Letter filed.
Feb. 07, 2014 Notice of Transfer.
Jan. 31, 2014 Order of Pre-hearing Instructions.
Jan. 31, 2014 Notice of Hearing by Video Teleconference (hearing set for March 4, 2014; 1:30 p.m.; Miami and Tallahassee, FL).
Jan. 31, 2014 (Petitioner's) Response to Initial Order filed.
Jan. 24, 2014 Initial Order.
Jan. 23, 2014 Election of Rights filed.
Jan. 23, 2014 Agency referral filed.
Jan. 23, 2014 Administrative Complaint filed.
Source:  Florida - Division of Administrative Hearings

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