The Issue The stipulated issue presented in this case is whether the Petitioner, Carol Lee Reed, has six (6) years of experience in interior design prior to January, 1990 as required by Section 21 of Chapter 89-19, Laws of Florida, and therefore is entitled to be licensed as an interior designer.
Findings Of Fact Petitioner, Carol Lee Reed, (hereafter Reed), timely submitted a complete application for registration to be licensed as an interior designer in the State of Florida. By stipulation, the parties have agreed that the application and all supporting documentation therein was admissible, and it was received by the Hearing Officer as Respondent's Exhibit #1 (R. 70). By stipulation, the parties agree that Reed had obtained the requisite occupational license as an Interior Designer within the State of Florida at least one (1) year prior to October 1, 1988, and in support thereof, the Petitioner submitted into evidence the Verification of Occupational License Renewal as Exhibit "C". (R. 51, 70). Reed used and was identified by the title, "Interior Designer" for at least one year prior to October 1, 1988, and admitted into evidence as proof of this fact, were Reed's current business card as Exhibit "A", and the business card with Beverly Hills Homes as Exhibit "B". (R. 70). Reed has used or been identified by the title "Interior Designer" and has at least six (6) years of interior design experience as defined by Chapter 481, F.S., including: April, 1982 through July, 1984; Assistant Designer, Moorpark Emporium, Moorpark, California. (R. 45). August, 1983 through September, 1984; Owner, Customs by Carol, Thousand Oaks, California. (R. 43). October, 1984 through September, 1985; Owner, Customs by Carol, Califon, New Jersey. (R. 43). September, 1985 through February, 1986; Interior Designer with Beverly Hills Homes, Beverly Hills, Florida. (R. 42). March, 1986 through December, 1986; Interior Designer with Inside Story, Hernando, Florida. (R. 42). December, 1986 through June, 1987; Administrative Assistant/Designer with Ann Franklin, ASID, Interior Designs, Inverness, Florida. (R. 37). June, 1987 through March, 1988; Interior Designer, again with Beverly Hills Homes, Beverly Hills, Florida. (R. 28). March, 1988 through Present; Interior Designer with Sims Furniture, Inc., Lecanto, Florida. (R. 6). Reed performed consultations, studies, drawings, and specifications as part of the interior design services she rendered for the requisite six (6) year period (R. 8). Reed provided design services including consultations, studies, drawings, and specifications in connection with reflected ceiling plans, space utilization, furnishings, or the fabrication of non-structural elements within and surrounding interior spaces of buildings; but specifically excluding mechanical and electrical systems, except for specification of fixtures and their location within interior spaces (R. 8-11) according to the corroborating testimony of Michael W. Sims, Sr. (hereafter Sims). Reed did "complete the layout, the lighting, the interior design, the electrical arranging" for Sims Furniture (R. 8) without any assistance (R. 10). When Reed began working for Sims Furniture in March of 1988, it was obvious that she had many prior years of interior design experience (R. 11, 24). Reed worked with builder, Mitch Underwood prior to October, 1988 to redesign interiors including the placement of floor plugs. (R. 11). Reed's contact with clients was long term and resulted in interior changes and selections based on client consultations, studies, and informed choices. (R. 9-10). Reed worked with Pelican Cove Development to redesign interiors including a built in non-structural partition change in closet storage system, placed television outlets and telephone jacks and moved a window to make it a sliding door exit for clients. (R. 66). Reed added lanai space and designed built-in furniture as reflected on her drawings for a Meadowcrest home. (R. 65). The job performed by Reed at Beverly Hills Homes was that of an interior designer according to Sims testimony. (R. 13). The services provided by Reed to Sims Furniture met the statutory definition of Interior Designer as contained in Section 481.203(8), F.S., (R. 21). Reed had sole and complete responsibility for the interior design of the Sims Furniture, including assuring that the store satisfied the handicap accessibility requirements of the local building code. (R. 37). Prior to employment with Sims Furniture, Inc., Reed worked as an interior designer for Beverly Hills Homes for two period of time between September, 1985 through March, 1988 (R. 28). While working for the Inside Story in 1986, Reed performed interior design services as defined by Statute for condominium owners in Citrus Hills, a large residential development in Citrus County. (R. 42). Reed was self-employed or in the course of regular employment, rendered or offered to render to other people interior design services as defined in Chapter 481.203(8), F.S., while operating her own business in New Jersey in 1984. (R. 43). Reed assisted a commercial client by specifying a non-slip floor material, performed a space utilization study prior to changing a show room, and ordered non-structural counter partition changes. (R. 62). Reed assisted two clients with kitchen remodellings in New Jersey. (R. 61). Reed worked full time as an interior designer from August, 1983 through the present time and continuously held herself out as an interior designer, full time, during that period. (R. 46). Reed's business in Thousand Oaks, California assisted clients in remodeling interiors of their homes (R. 44) by making non-structural changes, doing space planning, lighting, adding fireplaces and adding garden rooms. (R. 46). Reed maintained occupational licenses as an interior designer during the requisite six (6) year experience period. (R. 50). Reed offered professional services as a consultant, specifier, and supplier. (R. 50). Reed submitted drawings showing interior modifications and space utilization studies, and one of those representative files was submitted as Exhibit "D". Reed solicited and received client performance forms that are part of the record which corroborates the Petitioner's rendition of interior design services for various clients during the six year period prior to January 1, 1990, including those of: Glenn S. Light-San Francisco, California; assisted in complete remodeling of home in May of 1982. Harriette Ferguson - Moorpark, California; acted as consultant on space utilization, furnishings and the fabrications of non-structural elements surrounding interior spaces of building. James E. Dickison-Plans, Texas; suggestions regarding traffic patterns, lighting, and furniture placement for home in West Lake, California in 1983. Leslie Dawn-Honolulu, Hawaii; from August 1983 through October, 1983; developed a floor plan, assisted in selecting furniture and window coverings, and specified wall coverings. Margaret Kovach-Waretown, New Jersey; December 1984 completed consultation requiring space planning, furniture placement, and specifications of wall and furniture coverings. Abbas Larizadeh-Jackson Heights, New York; designed the living, work, and storage areas in June, 1985. Joseph S. Vitale-Beverly Hills, Florida; complete specifications for new home including space planning in September, 1985. Catherine Piper-Ocean City, New Jersey; space planning and design and supervision of full storage system in March or April, 1986. Martha Pattley-Trenton, New Jersey; provided input on addition to home she originally designed interior specifications for in July, 1987. Joseph Valverde-Beverly Hills, Florida; assisted client with non- structural elements within and surrounding interior space of new home in November, 1987. Margaret and Louis Bertelli-Beverly Hills, Florida; respecified materials for interior of home and non-structural elements surrounding interior spaces in December, 1987. All client preference forms indicated Petitioner was recommended as qualified and competent to be licensed as an interior designer in the State of Florida.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is, RECOMMENDED: That the Department of Professional Regulation, Board of Architecture and Interior Design, issue a Final Order approving the application of Carol Lee Reed for registration to be licensed as an "Interior Designer" in the State of Florida pursuant to Chapter 481, Part 1, Florida Statutes, and Section 21 of Chapter 89-19, Laws of Florida. DONE and ENTERED this 22nd day of May, 1992, in Tallahassee, Florida. COPIES FURNISHED: James A. Neal, Jr., Esquire 213 North Apopka Avenue Inverness, FL 32650 STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of May, 1992. Arthur R. Weidinger, Jr., Esquire Department of Legal Affairs Suite 1602-The Capitol Tallahassee, FL 32399-1050 Angel Gonzalez, Executive Director Board of Architecture and Interior Design 1940 North Monroe Street Tallahassee, FL 32399-0792 Jack McRay, General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0792
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Respondent be found guilty of violating Rule 7C-1.04 as set forth in the Notice to Show Cause and that a $200 fine be imposed. DONE and ENTERED this 11th day of March, 1983, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 11th day of March, 1983. COPIES FURNISHED: James N. Watson, Jr., Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Mr. Billy M. Arzie Arzie Apartments 710 North 2nd Avenue Jacksonville Beach, Florida 32250 Sherman S. Winn, Director Division of Hotels and Restaurants 725 South Bronough Street Tallahassee, Florida 32301 Gary Rutledge, Secretary Department of Business Regulation The Johns Building 725 South Bronough Street Tallahassee, Florida 32301
The Issue The issue is whether Respondents discriminated against Petitioner because of her physical disability in violation of the Fair Housing Act.
Findings Of Fact Petitioner is a white female who alleges that Respondents discriminated against her because of a physical disability in violation of the Fair Housing Act. Respondent Fountains Apartments is a fictitious name of the landlord. Respondent Theodora Allen is the on-site manager of the apartment complex. Respondent Emmer Management is the management entity that manages the apartment complex. Petitioner is disabled due to a partially amputated right foot. She wares a leg brace. However, there is no persuasive evidence that Petitioner is disabled due to allergies or asthma.1 Petitioner's husband, Mr. Trent, initially leased the apartment at the Fountains Apartments in November of 1991. Petitioner moved into the apartment with Mr. Trent in the spring of 1992. Petitioner and Mr. Trent subsequently renewed the lease on the apartment in both of their names. They lived in the same apartment until June of 1996. Petitioner referred at least forty-two (42) work orders to the apartment complex's maintenance department between April 1992 and April 1996. She made numerous other written requests for repairs. The maintenance department addressed each and every work order. Over the four-year tenancy, maintenance personnel made a substantial number of repairs to the apartment, including but not limited to, replacing the following: kitchen counter tops, stove burners, carpet, vinyl flooring, front door, water heater, outside central air conditioner condensing unit, inside central air conditioning evaporator, heater and air handler, and the toilet. These repairs were made without causing damage to Petitioner's personal property. As a result of Petitioner's demands, her apartment was in better condition than any other apartment in the complex. The apartment complex has a policy concerning pets. There is a twenty (20) pound weight limit for a dog on the premises. Additionally, a dog must be walked on a leash and never tied outside. Mr. Walker, another tenant in apartment number 62, owned a dog. Occasionally, Mr. Walker tethered the dog outside his apartment on a grassy area between two apartment buildings. The apartment buildings were located directly across the street from Petitioner's building. Petitioner complained to the office staff that, when the dog was tethered outside, she could not take a short cut to the mail box, office, laundry, or pool by walking between the buildings in front of her apartment. According to Petitioner, her disability made it difficult for her to walk past the dog or to walk the longer way (approximately 100 feet) around the buildings. At times, Petitioner picked up her mail in her car as she drove in and out of the complex. She could also park near the office, laundry, and pool. There were handicapped parking spaces and handicapped ramps available in those areas.2 The apartment manager made a reasonable effort to keep unauthorized persons from parking in the handicapped parking places. On or about March 22, 1996, Petitioner and her husband sent the apartment manager a letter, which referenced their concerns regarding Mr. Walker's dog among other complaints. A copy of this letter was sent to the property management entity. The apartment manager and staff from the county's animal control department, as well Mr. Trent, asked Mr. Walker not to chain his dog outside. When Mr. Walker did not comply with the apartment manager's request, she sent him statutory notice, dated March 25, 1996, demanding that he remedy his noncompliance in ten (10) days or face eviction. The manager asked Petitioner to go around the buildings on her way to and from the office area until Mr. Walker complied with the demand or was evicted. A letter dated March 27, 1996 informed Petitioner that the apartment manager had sent Mr. Walker a notice allowing him ten (10) days to stop tying his dog outside or to find another residence. On or about April 16, 1996, Petitioner sent the property management entity another letter. In this letter, Petitioner complained that Mr. Walker was still chaining his dog between the buildings in the evenings and on the weekends when the apartment manager was not on the premises. Petitioner's letter also set forth numerous other complaints about her apartment and the complex in general. The property management entity responded with a letter dated April 24, 1996. The letter states, in part, that the situation with the dog was currently being addressed pursuant to legal procedures. The letter also discussed Petitioner's other concerns and complaints. Petitioner wrote a letter dated May 1, 1996, to the property management entity. In this letter, Petitioner acknowledged that the situation with Mr. Walker's dog was being addressed. However, Petitioner listed numerous other complaints. On another occasion, a water pipe began to leak in the grassy area between the buildings across the street from Petitioner's apartment. The leak caused a hole or washed-out area to develop. Respondents repaired the leak and covered up the hole. A barrier was erected to keep all residents from walking between the buildings. Respondents never intended for that area to be a walk way. On or about April 22, 1996, Petitioner advised Respondents that the bottom shelf of the bathroom medicine cabinet was rusted. Her complaint about the shelf was part of a long list of other requests for repairs. The most persuasive evidence indicates that the rust on the medicine cabinet covered an area the size of a dollar bill. It was a cosmetic blemish and did not affect the usability of the cabinet. The maintenance man promptly addressed Petitioner's concerns regarding the medicine cabinet. He sanded the rust spot and began to prime and paint the shelf. At that point, Petitioner told him to stop. She did not want him to paint the cabinet inside her apartment. The maintenance man informed the apartment manager that Petitioner refused to allow him to continue painting. The apartment manager immediately went to Petitioner's apartment to inquire about Petitioner's concerns. Petitioner wanted the cabinet removed and painted outside. Learning that her request was impracticable, Petitioner asked the apartment manager whether the paint would dry in two (2) hours. She did not offer to allow the painting of the cabinet to continue while she was at work or shopping.3 Petitioner did not verbally advise the apartment manager that she had asthma or that she was allergic to paint fumes. She never mentioned the medicine cabinet or her alleged allergy or asthma in her subsequent letters which listed her complaints in detail. On or about May 30, 1996, Respondents provided Petitioner with notice that the lease on her apartment would not be renewed. The notice reminded Petitioner that the lease expired on August 31, 1996. Petitioner and Mr. Trent did not pay their rent when it was due on June 1, 1996. On June 11, 1996, Respondents furnished Petitioner with a three (3) day notice to pay rent. Petitioner and Mr. Trent did not comply with the demand for payment of rent. On June 17, 1996, the landlord filed an action in circuit court to evict Petitioner and Mr. Trent. On or about June 29, 1996, Petitioner vacated her apartment. On July 10, 1996, a circuit court judge in Escambia County issued a Writ of Possession directing the sheriff to remove all persons from the apartment and to return it to Respondents' possession.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that FCHR enter a Final Order dismissing Petitioner's Petition for Relief. DONE AND ENTERED this 31st day of March, 1999, in Tallahassee, Leon County, Florida. SUZANNE F. HOOD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 31st day of March, 1999.
The Issue The issue in this proceeding is whether Respondent's motel license should be disciplined.
Findings Of Fact Respondent holds a motel license, number 2200031. The motel is located at 4140 West Highway 90, Lake City, Florida. On June 9, 2003, and on June 16, 2003, a division inspector inspected the Respondent's motel premises and specifically inspected room 207. The inspector noted five alleged deficiencies on June 9, 2003. On June 16, 2003, the inspector noted that three of the five alleged deficiencies remained uncorrected, while two of the alleged deficiencies were corrected during the June 16, 2003, re-inspection. The three uncorrected alleged deficiencies consisted of exposed insulation around the air conditioning unit in room 207, food buildup present in the microwave in room 207, and heavy lint buildup present in the lint filter of the motel's commercial clothes dryer. The two alleged deficiencies corrected during the re-inspection were the use of an electrical extension cord and an unsecured electrical outlet cover. Room number 207 was available for rent and was rented to the public by the Respondent on May 31, 2003, and again on June 19, 2003. During the interim time and at the time of these inspections, the room was not rented because it was undergoing repairs. During this time, the room was being used primarily as a handyman workroom for ongoing repairs. Part of the repairs being done to room 207 was to replace the permanent air conditioning unit in that room. Because the air conditioning unit did not work, Respondent had temporarily installed a window air conditioning unit. The window air conditioning unit did not fit the window it was in, therefore, Respondent had placed insulation around the unit. The insulation was exposed. The insulation was not a furnishing supplied with the room but was a temporary part of the building’s window/wall system intended as a prelude to replacing the air conditioning unit. Since the insulation was not a furnishing, its exposure did not violate Rule 61C-3.001(5) that addresses the cleanliness of room furnishings such as drapes. An extension cord was being used to power the window air conditioning unit in room 207. Even though Respondent unhooked the extension cord during the re-inspection, the use of the extension cord to power the air conditioning unit was a fire hazard and violates Chapter 509. Additionally, one of the electrical outlet cover plates was attached, but was loose. However, it did function as a barrier. There was no evidence regarding the space requirements for an electrical outlet or how the outlet cover impacts that space other than as a barrier. The evidence did not show that a loose outlet cover violates NFPA 70,110.32 that deals with the space requirements around electrical equipment. Finally, the microwave in room 207 had old food buildup on its walls. The microwave is a furnishing and is required to be kept clean. Such food buildup does not meet the cleanliness requirements of Rule 61C-3.001(5). Outside of room 207, the inspector personally observed the lint buildup in the dryer. Petitioner does require that the dryer’s lint trap be cleaned once a day. However, either the trap had not been cleaned or the dryer had received heavier use on the days of the inspection. The lint is a flammable material and the dryer trap must be kept free of such flammables. The accumulation of the lint was a fire hazard and is a violation of Rule 61C-1.004(7).
Recommendation Based upon the Findings of Fact and Conclusions of Law, it is, RECOMMENDED: That the Department enter a final order finding Respondent guilty for violating Chapter 509, Florida Statutes, and imposing an administrative fine in the amount of $1,500.00. DONE AND ENTERED this 31st day of March, 2004, in Tallahassee, Leon County, Florida. S DIANE CLEAVINGER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 31st day of March, 2004. COPIES FURNISHED: Charles F. Tunnicliff, Esquire Department of Business and Professional Regulation 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-2202 Kana Baleswaran, pro se Piney Woods Lodge 4140 West Highway 90 Lake City, Florida 32055 Geoff Luebkemann, Director Division of Hotels and Restaurants Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Nancy Campiglia, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202
The Issue The issue involved herein is whether or not the Respondent 2/ guilty of violations set forth hereinafter in detail as stated in the Second Amended Notice to Show Cause filed by Petitioner herein. If so, the secondary issue is what penalty, if any, should be assessed for such violations. Based upon my observation of the witnesses and their demeanor while testifying, documentary-evidence received and the entire record compiled herein, I hereby make the following relevant:
Findings Of Fact Robert C. Beiter, Sr. is the trustee and legal owner of the subject premises. On July 24, 1981, Petitioner, through its sanitarian, Richard Bragg, made an inspection of the subject premises situated at 715 Northwest Sixth Avenue, Pompano Beach, Florida. The premises is a public lodging establishment and is licensed by the Division of Hotels and Restaurants under license No. 16- 5268H. During the inspection by Mr. Bragg, the following violations were observed: Fire extinguishers were overdue for service as indicated by the pressure gauges thereon and/or by the lack of service tags thereon. The general condition of the building was run down, paint was peeling from the walls, windows and doors were broken, the roof was leaking, and window screens were missing. A severe infestation of rodents and roaches existed on the premises. Papers and assorted trash were located around the building. There were no outside garbage containers furnished for the building, which contains six apartment units with kitchen/cooking facilities in each apartment. Stairways and walkways were not well lighted and the handrails on the stairways and walkways were loose. Electrical fixtures did not all have covers and were not all in working order. Plumbing fixtures in several apartments were leaking. (Testimony of Richard Bragg, an inspector employed by the Petitioner for approxi- mately 14 years and who has approximately 25 years in the hotel/restaurant business.) Mr. Bragg made subsequent inspections of these premises in September and October, 1981, and the same conditions were in existence, except that an outside garbage container had been provided. A subsequent inspection of the premises was made by Mr. Bragg on November 11, 1981, and the original conditions existed, except for the provision of the garbage container. On December 12, 1982, Mr. Bragg found no evidence of correction of the remaining problems since his November 11, 1981 inspection. Finally, on February 18, 1982, Mr. Bragg observed all of the original cited problems as existed on July 24, 1981, except for those relating to furnishing a garbage container. Mr. Bragg was unable to check the condition of the plumbing and the electrical fixtures due to the lack of access to the apartments on February 18, 1982. Respondent tendered extensive documentary evidence consisting of receipts for various repairs made to the subject premises, including plumbing, roofing, window and screen repairs; extermination for pest control and trash services. Respondent's agent, Harry A. Wright, had the fire extinguishers inspected and replaced on an annual basis. All of the documentary evidence submitted respecting expenditures were for repairs subsequent to the date of Mr. Bragg's initial inspection on July 24, 1981.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Respondent be assessed a civil penalty of $100 for each of the eight conditions for the subject premises found herein to be violations of the rules of the Division of Hotels and Restaurants, with the exception that it is RECOMMENDED that the Respondent only be assessed a civil penalty of $50 for the violation found above relating to outside garbage containers due to the effective and corrective action taken by the Respondent to correct said deficiency. Accordingly, the total amount of the civil penalty is $750. It is further RECOMMENDED that the Respondent shall pay the above amount of $750 within thirty (30) days of the date the Petitioner enters its final order, which funds shall be made payable to the order of the Treasurer of the State of Florida for credit to the Hotel and Restaurant Trust Fund. It is further RECOMMENDED that if the Respondent fails to remit such civil penalty to the Petitioner within such period, the Division of Hotels and Restaurants' license No. 16-5268H for the Pinewood International Apartments located at 715 Northwest Sixth Avenue, Pompano Beach, Florida shall be suspended for twelve (12) months or until reinstated for good cause by the Division of Hotels and Restaurants. RECOMMENDED this 14th day of July, 1983. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 14th day of July, 1983.
Findings Of Fact Respondent Emerald Plaza West, Inc., holds license No. 23-12623-H, issued by petitioner. Miami Garden West Apartments consists of 31 or 38 (T. 79) apartments, in several buildings located on Northwest 183rd Street in Miami, Florida. Rogers Brown, who has worked as an inspector for petitioner for six years, visited Miami Garden West Apartments on April 29, 1981, to perform a "call back" inspection. He wanted to determine whether violations he had noted on a routine inspection on February 19, 1981, had been corrected. He found that a hot water faucet handle with stripped threads had not been replaced; that an old, tagless car remained in the complex's parking lot; and that a handrail leading to the second story of building No. 18259 had not been properly secured. It still needed welding. The eaves on buildings 18257 and 18259 were rotten; the laundry room lacked a door and the living room ceiling in apartment No. 3 in building No. 18259 leaked. In addition, Mr. Brown found on April 29, 1981, that certain conditions had persisted since June of the year before. The drop ceiling in apartment No. 4 continued to need repair; the ceiling in apartment No. 2 in the building at 2250 Northwest 183rd Street continued to leak; and roaches and evidence of rodents continued to be present. By September 3, 1981, the drop ceiling had been repaired and a new faucet handle had replaced the threadless one. The window in apartment No. 2 in the building at 2250 Northwest 183rd Street had been worked on, but the handrail in building No. 18259 still needed repair. Moisture remained on the ceilings of the southeast bedroom of apartment No. 4 in the building at 2250 Northwest 183rd Street and the living room of apartment No. 3 in building No. 18259, notwithstanding various roof repairs. The laundry room lacked not only a door but also a door frame. Respondent makes repairs from time to time and regularly exterminates the premises. Petitioner filed a proposed order which has been considered in the drafting of the foregoing findings of fact and substantially adopted, in substance. Proposed findings that have not been adopted have been rejected as inconsistent with or unsupported by the evidence or as irrelevant to the controversy.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That petitioner assess a civil penalty against respondent in the amount of $1,500. DONE AND ENTERED this 14th day of January, 1982, in Tallahassee, Florida. ROBERT T. BENTON II Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 14th day of January, 1982. COPIES FURNISHED: Janice G. Scott, Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Tomas F. Gamba, Esquire 779 Brickell Plaza, Suite 706 Miami, Florida 33131 Gary R. Rutledge, Secretary Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Sherman S. Winn, Director Division of Hotels and Restaurants 725 South Bronough Street Tallahassee, Florida 32301 ================================================================= AGENCY FINAL ORDER =================================================================
