State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. : Case Number: 2014011708 License Number: 6203730 PE JOSE : . dibla BAYVIEW MOTEL, eee Type: 7002 Respondent. He Number. 31 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against PE JOSE d/b/a BAYVIEW MOTEL, ("Respondent’), and says: 4. 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 501 BAYVIEW BLVD, OLDSMAR, FLORIDA 34677.The mailing address of record is PE JOSE d/b/a BAYVIEW MOTEL at 501 BAYVIEW BLVD, OLDSMAR, FLORIDA 34677. 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, reyocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief authorized by ChapterS09, Florida Statutes, or the rules promulgated thereto. Signed March 19, 2014 Da rdman, 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 Reguiation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Service : BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: \3izs; P | HEREBY CERTIFY that a true and correct copy of the 1 foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2014 Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2014011708 File Number: 16231 District Number: 03 License Number: 6203730 2002 Form revised 01.01.13 BAYVIEW MOTEL Exhibit A License Number: 6203730 License Type: 2002 MOTEL Case Number: 2014011708 Itis alleged that on January 02, 2014, March 05, 2014 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. 1.17-16-4 §09.221(6) FS Basic: Each transient establishment shail provide each bed, bunk, cot, or other sleeping place for the use of guests with clean pillowslips and under and top sheets. Sheets and . pillowslips shall be laundered before they are used by another guest, a clean set being furnished each succeeding guest. All bedding, including mattresses, quilts, blankets, pillows, sheets, and comforters, shail be thoroughly aired, disinfected, and kept clean. Bedding, including mattresses, quilts, blankets, pillows, sheets, or comforters, may not be used if they are worn out or unfit for further use. [EXEMPTION ~~ 509.221(9) FS Subsections (2), (5), and (6) do not apply to any facility or unit classified as a vacation rental or nontransient apartment as described in s. 509.242(1)(c) and (d).] Observed that blanket/comforter on the bed is thread bare/worn/torn in room 1, ™ 2A. 24-09-4 509,221(7) FS High Priority: The operator of any establishment licensed under this chapter shall take effective measures to protect the establishment against the entrance and the breeding on the premises of all vermin, Any room in such establishment infested with such vermin shall be fumigated, disinfected, renovated, or other corrective action taken until the vermin are exterminated. Observed live roaches present, observed 1 live roach in unit 15 and 20 in unit 1 on 1/2/14, Observed 2 live roaches in unit 6 on 3/5/14, ™ 2B. 24-20-4 509.221(7) FS High Priority: The operator of any establishment licensed under this chapter shall take effective measures to protect the establishment against the entrance and the breeding on the premises of all vermin. Any room in such an establishment infested with such vermin shall be fumigated, disinfected, renovated, or other corrective action taken until the vermin are exterminated. Observed dead roaches present; observed 4 dead roaches in unit 15 on 1/2/14. Observed 8 dead roaches in unit 6 on 3/5/14. 3.25-03-4 509.221(7) FS Basic: The operator of any establishment licensed under this chapter shall take effective measures to protect the establishment against the entrance and the breeding on the_ premises of all vermin. Any room in such establishment infested with such vermin shall be fumigated, disinfected, renovated, or other corrective action taken until the vermin are exterminated. Objectionable odor present at the property in unit 2. Case Number: 2014011708 District: 03 License Number: 6203730 License Type: 2002 BAYVIEW MOTEL File Number: 16231 4.26-20-4 5-501.13FC Basic: (A) Except as specified in Paragraph (B) of this section, receptacies and waste handling units for refuse, recyclables, and returnables and for use with materials containing food residue shall be durable, cleanable, insect- and rodent-resistant, leakproof, and nonabsorbent. (B) Plastic bags and wet strength paper bags may be used to line receptacles for storage inside the food establishment, or within closed outside receptacles. Observed non bagged garbage in dumpster. District: 03 License Type: 2002 File Number: 16231 Case Number: 2014011708 License Number: 6203730 BAYVIEW MOTEL

Docket for Case No: 14-002622