The Issue Whether the Respondent, public lodging establishment, violated the provisions of Chapter 509, Florida Statutes, as alleged in the Amended Administrative Complaint, and, if so, what penalty should be imposed.
Findings Of Fact The Respondent is, and has been at all times material hereto, a public lodging establishment licensed by the State of Florida, having been issued license number 15-00043-H for apartment units located at 14 Carmalt Street, Cocoa Beach, Florida. The Petitioner received a consumer complaint on October 10, 2001, that one of the tenants in the Respondent public lodging establishment had been without electrical power and hot water for at least three days. On October 11, 2001, Ed Weimer, Safety and Sanitation Specialist with Petitioner ("inspector") conducted an inspection of the Respondent public lodging establishment. The inspector observed that Units 5 and 16 were occupied but had no electrical power. The inspector observed that when other tenants operated light switches in Unit 5 and 16 the lights did not come on. Extensions cords had been run through the windows of units without power from units with power. In addition, a common area hallway was also without electrical power. On October 11, 2001, the inspector provided notice of the observed violations by posting a copy of the Lodging Inspection Report at the site, sending a copy of the Report by certified U.S. mail to the Respondent, and by orally communicating the contents of the Report by telephone to the Respondent's principal Rudolph Hardick, Alice Hill, the manager of the apartment complex, and an unidentified secretary in the Respondent's office. Since the violations were observed after 12:00 p.m. on October 11, 2001, the Respondent was give notice that remedial action was required to be taken by 10:00 a.m. the following day rather than that same day. On October 12, 2001, at approximately 10:10 a.m., the inspector conducted a follow-up inspection of the licensed premises and observed that the violations noted in the Lodging Inspection Report dated October 11, 2001, had not been corrected. On October 12, 2001, the inspector completed a Call Back/Re-Inspection Report and provided notice that same day of said follow-up inspection and report by personally delivering a copy of the Call Back/Re-Inspection Report to Respondent's manager, Alice Hill. The mechanism by which proper lighting, heating, cooling, and/or ventilation is terminated or interrupted is not relevant to the statutory obligation of each licensed public lodging establishment to maintain such lighting, heating, cooling, and ventilation with strict regard to the health, comfort, and safety of guests. Without electrical power, none of the requirements stated in Section 509.221(3), Florida Statutes, can be satisfied, to wit, maintenance of proper lighting, heating, cooling, and/or ventilation and the operation of the licensed premises with strict regard to health, comfort, and safety of the guests. The Respondent had adequate time, notice, and opportunity to correct the observed violations but failed to do so. The Respondent has not offered any explanation or mitigation for its failure to comply with its statutory obligation under Section 509.221(3), Florida Statutes.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be enter finding the Respondent guilty of violating Section 509.221(3), Florida Statutes, and that an administrative fine of $1,000 be imposed. DONE AND ENTERED this 11th day of April, 2002, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE 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 11th day of April, 2002. COPIES FURNISHED: Rudolph Hardick Fourteen Carmalt, Inc. Post Office Box 320615 Cocoa Beach, Florida 32932 Tiffany A. Short, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Hardy L. Roberts, III, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-2202 Susan R. McKinley, Director Division of Hotels and Restaurants Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 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 This is a license discipline case in which the Petitioner seeks to take disciplinary action against the Respondent on the basis of allegations set forth in an Administrative Complaint dated June 27, 1988. The Administrative Complaint alleges facts which are asserted to constitute violations of paragraphs (f), (i), and (l) of Section 489.533(1), Florida Statutes. All parties presented evidence at the hearing. Following the hearing the parties were afforded an opportunity to file proposed recommended orders. The Petitioner filed a proposed recommended order, which has been considered during the preparation of this recommended order. The Respondent did not file any post-hearing documents. The findings of fact proposed by the Petitioner are specifically addressed in the appendix to this recommended order.
Findings Of Fact Based on the evidence received at the hearing, I make the following findings of fact. At all times material to this case, the Respondent, Mr. Kenneth L. Smith, was licensed by the Electrical Contractors Licensing Board and held license number ER 0004954. At all times material to this case, the Respondent was also licensed as a plumbing contractor. The Respondent did not, at any time material to this case, hold any license that allowed him to contract for or perform concrete work. A number of years ago the Respondent formed a corporation named Home Maintenance Corporation and did business under that name. The corporation was dissolved a couple of years ago. The dissolution took place prior to October of 1987. The Respondent never registered the fictitious name Home Maintenance with the Electrical Contractors Licensing Board. In October of 1987, the Respondent entered into a contract with Mr. Eugene J. Dupree, Sr., to do the plumbing rough-in and the electrical rough-in on a residence. In October of 1987, the Respondent also entered into a contract with Mr. Dupree to frame up and pour the concrete slab for the same residence. The Respondent entered into all of these contracts using the fictitious name Home Maintenance. In addition to the fictitious name, Home Maintenance, the business forms used by the Respondent also had his correct name printed on them. The Respondent did the concrete work for which he had contracted with Mr. Dupree and received payment for that work. The concrete work was poorly done. Among other things, the slab was sixteen inches out of square. Because of the slab being out of square, it was necessary for the owner to spend additional money to correct the problems with the slab. The manner in which the slab was poured constitutes both gross negligence and gross incompetence.
Recommendation On the basis of all of the foregoing, it is recommended that the Electrical Contractors Licensing Board issue a final order to the following effect: Dismissing the charges that the Respondent violated paragraphs (f) and (i) of Section 489.533(1), Florida Statutes; Finding the Respondent guilty of violating paragraph (l) of Section 489.533(1), Florida Statutes; and Imposing a penalty consisting of a reprimand and an administrative fine in the amount of one hundred ($100.00) dollars. DONE AND ENTERED this 14th day of April, 1989, at Tallahassee, Florida. Michael M. Parrish, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1500 Filed with the Clerk of the Division of Administrative Hearings this 14th day of April, 1989 COPIES FURNISHED: John E. Jordan, Esquire Woolfork, Estes and Keough, P.A. 131 Park Lake Street Post Office drawer 3751 Orlando, Florida 32802 Mr. Kenneth L. Smith Post Office Box 1112 Roseland, Florida 32957 Bruce D. Lamb, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, FL 32399-0750 Pat Ard, Executive Director Electrical Contractors Licensing Board 130 North Monroe Street Tallahassee, FL 32399-0750 APPENDIX The following are my specific rulings on all proposed findings of fact submitted by all of the parties. Findings proposed by Petitioner: Paragraph 1: Rejected as subordinate and unnecessary details. Paragraph 2: Accepted. Paragraph 3: Accepted in substance. Paragraph 4: Accepted. Paragraph 5: Rejected as subordinate and unnecessary details commenting on the evidence. Paragraph 6: Accepted in substance, but many proposed details omitted as subordinate and unnecessary. Paragraphs 7 and 8: Accepted that the Respondent entered into a contract to form up and pour the slab. The remainder is rejected as subordinate and unnecessary details. Paragraphs 9, 10, and 11: Rejected as subordinate and unnecessary details. Paragraph 12: Accepted in substance, with most proposed details omitted as subordinate and unnecessary. Paragraph 13: Rejected as irrelevant inasmuch as the Administrative Complaint contains no charges regarding the quality of the plumbing installation. Findings Proposed by Respondent: (None)
The Issue The issue for determination in this proceeding is whether Respondent discriminated against Petitioner on the basis of her race, sex, familial status, or association with handicapped individuals in violation of Subsection 760.23(2), Florida Statutes (2003), by refusing to renew Petitioner's lease when it expired or by subjecting Petitioner to different treatment than other similarly situated tenants.
Findings Of Fact Petitioner is a member of a protected class. Petitioner is a female whose race is African-American. Petitioner's household includes children who are under the age of 18 and who are, or who are perceived to be, handicapped. Respondent rents dwelling units to the public at 5455 Pointe Vista Circle, Orlando, Florida. The apartment community is identified in the record as Pointe Vista Apartments (Pointe Vista). Petitioner applied to lease an apartment at Pointe Vista on November 1, 2001. Respondent approved the application and the parties entered into a written lease for a term of "one year" beginning on December 21, 2001, and ending on November 30, 2002. The parties subsequently entered into a renewal lease covering a term from December 1, 2002, through November 30, 2003. Respondent performed various repairs and maintenance jobs in Petitioner's apartment from sometime in March 2003, through September 17, 2003. Petitioner requested most of the repairs, but some of the jobs involved required maintenance. Respondent made six repairs to the air-conditioning system. Some of the repairs to the air-conditioning system were required because Petitioner, or members of her household, had damaged the thermostat. The property manager notified Petitioner in writing that Petitioner was not in compliance with the lease because Petitioner failed to operate the air- conditioning system properly and that a repeat violation within 12 months would be grounds for termination of the lease. The property manager observed the apartment during one of the repairs. On June 26, 2003, the property manager notified Petitioner in writing that Petitioner was not in compliance with the lease because Petitioner failed to maintain the apartment in accordance with the terms of the lease. In particular, doors were "punched" out, wet newspaper was in the kitchen, the carpet was damaged and "extremely" dirty, and the microwave was broken. The notice stated that a repeat violation within 12 months would be grounds for termination of the lease. Orange County scheduled an inspection of Petitioner's apartment on August 12, 2003, to determine if the apartment was eligible for continued "Section 8 rental assistance." Petitioner refused to allow the inspection, and Orange County rescheduled the inspection for August 29, 2003. Petitioner's apartment failed the inspection conducted on August 29, 2003. In order to pass an inspection, Petitioner needed to repair a living room window, stove burners, a garbage disposal, and a loose door panel. Petitioner also needed to eliminate roach infestation and improve housekeeping. The apartment passed a subsequent inspection conducted on September 19, 2003. Respondent notified Petitioner of Respondent's intent not to renew the lease on October 23, 2003. The notice informed Petitioner that she would need to vacate the apartment by November 30, 2003. Petitioner remained in possession of the apartment during December 2003, and paid no rent. The property manager issued a "Three Day Notice to Pay Rent or Deliver Possession." Petitioner returned the keys to the apartment in early January 2004.
Recommendation Based on the foregoing Findings of Facts and Conclusions of Law, it is RECOMMENDED that the Commission enter a final order determining that Respondent did not discriminate against Petitioner when Respondent refused to renew Petitioner's lease. DONE AND ENTERED this 3rd day of November, 2004, in Tallahassee, Leon County, Florida. S DANIEL MANRY 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 3rd day of November, 2004. COPIES FURNISHED: Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Fornetha Judge Rizos 5215 Limelight Circle, Apartment One Orlando, Florida 32839 Cathy L. Lucrezi, Esquire Law Offices of Heist, Weisse, & Lucrezi, P.A. 1661 Estero Boulevard, Suite 20 Post Office Box 2514 Fort Myers Beach, Florida 33932 Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301
The Issue The issue presented for decision in this case is whether Respondent violated Section 509.032, Florida Statutes, as set forth in the Administrative Complaint dated April 3, 2000.
Findings Of Fact Based on the oral and documentary evidence adduced at the final hearing, and the entire record in this proceeding, the following findings of fact are made. At all times relevant to this proceeding, Petitioner is the state agency charged with licensing, regulating, and inspecting public lodging establishments to protect public safety. To accomplish this purpose, Petitioner employs persons trained to respond to citizen complaints about public lodging establishments. Such inspectors visit and inspect the premises about which complaints are made, gather facts, and make reports to document their findings. At all times relevant to this proceeding, Petitioner employed Sean Sylvester Grovesnor ("Grovesnor") as a Sanitation and Safety Specialist assigned to its Division of Hotels and Restaurants. At all times relevant to this proceeding, Respondent 1015 Apartments was a licensed public lodging establishment within the meaning of Section 509.013(4)(a), Florida Statutes, operating under license control number 16-04182H, and located at 1015 Northeast 17th Avenue, Fort Lauderdale, Florida 33304-2465. Responding to a complaint on or about February 10, 2000, Grovesnor visited 1015 Apartments. Grovesnor's inspection revealed various violations. Specifically, Grovesnor observed: balcony railing supports in disrepair in front of Apartment No. 204; no smoke detector in Apartment No. 201; an exit sign hanging from exposed wires by Apartment No. 205; a broken window on south side of the building; water stained ceiling tiles in living room of Apartment No. 201; holes in kitchen cabinets in Apartment no. 201; cold water knob in Apartment No. 201 would not work; faucet head not properly attached to the bathtub in Apartment No. 201; mildew and mildew holes in bathroom ceiling of Apartment No. 104. the sewer line clean out pipe cover was missing in the parking lot. Respondent was informed that all violations must be corrected by February 17, 2000. On or about February 18, 2000, Grovesnor made a callback/reinspection visit for the purpose of determining whether Respondent had corrected the violations noted on the previous visit. None of the violations previously noted had been corrected. Each of the above-described violations constitutes a separate and distinct potential hazard to the health and/or safety of individuals on the premises. The balcony railing violation was corrected on March 17, 2000, by Tim's Welding of Fort Lauderdale.
Recommendation Upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation, Division of Hotels and Restaurants, enter a final order finding Respondent guilty of violating the above-specified provisions of the Florida Statutes and Florida Administrative Code, and that Respondent be required to pay a fine in the amount of $1,000. DONE AND ENTERED this 13th day of December, 2000, in Tallahassee, Leon County, Florida. FLORENCE SNYDER RIVAS 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 13th day of December, 2000. COPIES FURNISHED: Susan R. McKinley, Director Division of Hotels and Restaurants Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Barbara D. Auger, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Charles F. Tunnicliff Assistant General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Jean Pierre-Louis 1015 Northeast 17th Avenue Apartment 205 Fort Lauderdale, Florida 33304-2465
Recommendation It is recommended that a final order be entered fining Henry Haywood $1,500 for these violations of Section 289.129(1)(m), Florida Statutes. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 16th day of September, 1988. WILLIAM R. DORSEY, JR. Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 16th day of September, 1988. COPIES FURNISHED: Michael Cohen, Esquire 517 Southwest First Avenue Fort Lauderdale, Florida 33301 Mr. Henry L. Haywood 611 Northeast 39th Street Pompano Beach, Florida 33064 Fred Seely, Executive Director Department of Professional Regulation Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32201 Bruce D. Lamb, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Courtesy copy to: Mr. Steve Deinma AAA Insulation 1900 Australian Avenue Rivera Beach, Florida 33404
Findings Of Fact On August 10, 1977, Petitioner filed an application for an Adult Congregate Living Facility License. Thereafter, on nine separate occasions Petitioner was visited by representatives of Respondent, the Dade County Fire Department, and the Dade County Health Department. The results of the inspections by these governmental agencies were numerous lists showing deficiencies in Petitioner's staff, physical plant, sanitary practices, and in diets being furnished to the residents of the facility. At the final hearing in this cause, Petitioner's President admitted that the deficiencies noted in the May 22, 1978 letter of Respondent's Supervisor of the Aging and Adult Services Program, which was marked as Petitioner's Exhibit Number 3, were correct as of the date of the letter. Petitioner contends, however, that the deficiencies noted in Petitioner's Exhibit Number 3 have since been corrected. However, the issue in this proceeding is whether there was substantial competent evidence in existence on May 22, 1978, to justify the denial by HRS of Petitioner's application for an Adult Congregate Living Facility License. Corrections made by Petitioner after that date are irrelevant to this proceeding, although Petitioner would not, of course, be estopped to show correction of these deficiencies in a later application. Inspections conducted by or on behalf of HRS on April 7, 1978, May 12, 1978, and May 16, 1978, showed that staff on duty at Petitioner's facility was inadequate to properly supervise residents in the facility. On the April 7, 1978, visit, there were only one or two staff members on duty to care for thirty-four residents of the facility. The inspection conducted on May 16, 1978, revealed only one staff member on duty. The Administrator of the facility on both occasions was not in attendance at the facility at the time of the inspections. Fire inspections on Petitioner's facility were conducted on January 6, 1978, and again on April 20, 1978. The January 6, 1978, inspection resulted in a lengthy list of deficiencies, which included citations for no building evacuation plan, improper fire extinguishers, lack of proper latching devices on doors, improper hanging of doors, improper installation and maintenance of electrical equipment, no emergency lighting, obstruction in facility corridors, lack of exit signs, lack of smoke detectors, insufficient landing size on stairways, improper storage of flammable chemicals, and improper safety precautions in the electrical equipment room. The April 20, 1978, inspection also resulted in a lengthy list of deficiencies, including lack of an evacuation plan, no record of evacuation drills having been held, lack of proper latching devices on stairway fire doors, and lack of exit signs. There is no evidence of record from which to conclude that these deficiencies were corrected prior to the date on which HRS denied Petitioner's application for a license to operate an Adult Congregate Living Facility. Sanitary inspections of Petitioner's facility were conducted on August 29, 1977, and April 18, 1978. The August 29, 1977 inspection resulted in a lengthy list of deficiencies which is contained in Petitioner's Exhibit Number Among these deficiencies were improper doors, windows and screens in the facility, lack of handrails, improper lighting, improper heating, insufficient number of toilets for the existing number of residents in the facility, and numerous electrical code violations. The inspection conducted on April 18, 1978, revealed many of the same deficiencies noted in the earlier inspection. In addition, a serious fly problem was observed in the kitchen area which was caused by improper sanitary procedures in the kitchen and disrepair of windows, screens and doors. In addition, live roaches and roach eggs were observed in the kitchen, also due to improper sanitary procedures. Further, a live rat and significant quantities of rat droppings were also observed in the kitchen area. The April 18, 1978 inspection also revealed cracked ceilings, holes in walls, malfunctioning lights, holes in floors, and use of a common drinking cup at the water fountain in the facility. There is insufficient evidence in the record in this cause to appropriately demonstrate that the deficiencies noted in the August 29, 1977 and April 18, 1978 inspections were adequately corrected prior to the denial of Petitioner's request for a license on May 22, 1978. On May 12, 1978, the kitchen facilities belonging to Petitioner were inspected by an HRS staff nutritionist. On the day of the inspection, the Administrator was not in attendance at the facility, and the only staff member present was a young woman who had difficulty communicating in English, and who was in charge of both residents of the facility and total food service, including preparation, serving and cleaning. The lunch menu posted for the date of the inspection did not provide one third of established recommended dietary allowances. The menu was also calculated to be deficient in calories, protein, calcium, iron, Vitamin A, Vitamin C, Thiamine, Riboflavin and Niacin. The food on hand in the facility did not correspond to posted menus, and the meal observed together with the food inventory were not sufficient for the age group residing in the facility and could result in malnutrition. The kitchen area was dirty, and food preparation utensils required scrubbing and sanitizing. Dishes were being washed with tepid water which was not sufficient for sterilization, and other sterilization methods being used for kitchen utensils were not sufficient to sterilize them. A serious fly problem existed in the kitchen, at least in part due to poor installation of doors. It was impossible to determine the qualifications of the Food Service Supervisor, no policy manual regarding food preparation was found in the facility, and no job description, work assignment, orientation plan, training record, health exam, or employee evaluation could be located for food service personnel. There were no written menus approved by a qualified consulting dietician, no written procedures for ordering, receiving and storing foodstuffs, and no food preparation or recipe file.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That a Final Order be entered by the State of Florida, Department of Health and Rehabilitative Services, denying Petitioner's Application for a License to Operate an Adult Congregate Living Facility. RECOMMENDED THIS 5th day of January, 1979, in Tallahassee, Florida. WILLIAM E. WILLIAMS Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Stuart E. Wilson, Esquire Franklin International Plaza 255 Alhambra Circle, Suite 100 Coral Gables, Florida 33134 Leonard Helfand, Esquire DHRS District XI Legal Counsel State Office Building 401 Northwest 2nd Avenue Miami, Florida 33128
