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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs FLYNN FRANCIS M, D/B/A BUCHANAN ST APTS, 14-004667 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-004667 Visitors: 5
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: FLYNN FRANCIS M, D/B/A BUCHANAN ST APTS
Judges: JESSICA E. VARN
Agency: Department of Business and Professional Regulation
Locations: Hollywood, Florida
Filed: Oct. 08, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, October 13, 2014.

Latest Update: Dec. 24, 2024
State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case Number: . 2014038104 FLYNN FRANCIS M License Number: 1603008 (expired) d/b/a. BUCHANAN ST APTS, License Type: 2003 Respondent. File Number: 86922 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against FLYNN FRANCIS M d/b/a BUCHANAN ST APTS, (“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 an establishment subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 2028 BUCHANAN ST, HOLLYWOOD, FLORIDA 33020.The mailing address of record is BUCHANAN ST APTS at 4621 HOLLYWOOD BLVD, HOLLYWOOD, FLORIDA 33021. 3. Areview of the licensure records of the Division of Hotels and Restauranis reveals that the licensure for this establishment has expired; however, the establishment has continued to operate, in violation of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto. The violation(s) and applicable law are described in Exhibit “A’, attached hereto and incorporated herein by reference. Inspection docurnents 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 nat 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 September 18, 2014 Stewart Shapiro, By delegation of the Diréctor, 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: THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2014. Received by: Inspector's Signature Operator's Signature ~ Title Title District Number: 02 Case Number; 2014038104 File Number: 86922 Form revised 01.01.13 License Number: 1603008 (expired) 2003 BUCHANAN ST APTS Exhibit A 4. Itis alleged that on May 15, 2014 the Respondent failed to renew a license to operate as required by law. After that date, and at all times material to this complaint, Respondent establishment operated without licensure, in violation of Florida Statute 509(FS), and/or Florida Administrative Code (FAC). Copies of the repori(s) for the above referenced inspections are attached hereto and incorporated by reference as Exhibit 2. Based on the foregoing, Respondent violated the following provisions of Chapter 509, Florida Statutes, or the tules promulgated thereto: 509.241(1) FS LICENSES; ANNUAL RENEWALS. — Each public lodging establishment and public food service establishment shail obtain a license from the division. Such license may not be transferred from one place or individual to another .. . Licenses shall be renewed annually, . . . : 61C-1.002(6) FAC Itis the responsibility of the LICENSEE to renew the license prior to the expiration date. 61C-1.002(6).-FAC ...Any public lodging or food service 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. Observed establishment operating without a license from the Division of Hotels and Restaurants. Operator must obfain a public lodging license from the Division of Hotels and Restaurants within 60 days. Submit a license application and payment to DBPR/Bureau of Central Intake Unit, 1940.N. Monroe St., Tallahassee, FL 32399-0783. Case Number: 2014038104 File Number: 86922 District Number: 02 Form revised 01.01.13 License Number: 1603008 (expired) 2003 BUCHANAN ST APTS

Docket for Case No: 14-004667
Source:  Florida - Division of Administrative Hearings

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