98-002923 Division Of Hotels And Restaurants vs. Bentley Farms, Inc., D/B/A First Street Apartments Status: Closed Recommended Order on Tuesday, December 8, 1998.

Summary: $2750 fine and additional education for owner-operator of public lodging establishment that violated several statutes, rules, and provisions of Food Code and National Fire Protection Association.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF BUSINESS AND )

PROFESSIONAL REGULATION, )

DIVISION OF HOTELS AND )

RESTAURANTS, )

)

Petitioner, )

)

vs. ) Case No. 98-2923

)

BENTLEY FARMS, INC., d/b/a )

FIRST STREET APARTMENTS, )

)

Respondent. )

______________________________)

RECOMMENDED ORDER

Robert E. Meale, Administrative Law Judge of the Division of

Administrative Hearings, conducted the final hearing in Naples,

Florida, on October 6, 1998.

APPEARANCES

For Petitioner: Daniel R. Biggins

Department of Business and

Professional Regulation

1940 North Monroe Street

Tallahassee, Florida 32399-1007

For Respondent: D. Nathan Hoskins

Peck & Peck

First Union Building, Suite 103

5801 Pe lican Bay Boulevard

Naples, Florida 34108

STATEMENT OF THE ISSUE

The issue is whether Respondent has violated various

provisions governing public lodging establishments and, if so,

what penalty should be imposed.

PRELIMINARY STATEMENT

By Administrative Complaint dated March 10, 1998, Petitioner

alleged that Respondent violated various provisions governing its

public lodging establishment known as First Street Apartments at

220 South First Street in Immokalee. The Administrative

Complaint alleged that the violations existed as of July 30 and

August 19, 1997.

The Administrative Complaint alleges fifteen violations,

including seven designated as "critical" (marked with an

asterisk): 1)* apartments 30, 32, 40, and 79 lacked smoke

detectors, in violation of National Fire Protection Association

Life Safety Code 101, 19-3.4.4.1 and Section 633.025(11), Florida

Statutes; 2)* apartment 31 had a broken smoke detector, in

violation of Rule 61C-1.004(5), Florida Administrative Code;

3)* apartments 25, 29, 31, 33, 40, 42, 44, 47, and 78 had doors

with hasps on them, in violation of Rule 61C -1.004(10), Florida

Administrative Code; 4)* apartment 31 had a broken electrical

socket hanging from the wall with a hot plate plugged into it and

had exposed wiring not in conduit running within eight feet of

the floor to the hot water heater, in violation of Rule

61C -1.004(11), Florida Administrative Code; 5)* residents in

apartments 31, 32, and 33 were using extension cords improperly,

in violation of Rule 61C-1.004(11), Florida Administrative Code;

6) the alley between the north building and fenced area lacked

public lighting, in violation of Section 509.221(3), Florida

Statutes; 7)* apartments lacked heat, in violation of Rule

61C -1.004(12), Florida Administrative Code; 8) the fencing behind

the vertical balcony rail was missing on the west side and loose

elsewhere on the second level, in violation of National Fire

Protection Association Life Safety Code 101, 5 -2.2.4.6(c);

9) apartments 30 and 32 had broken windows, torn s creens, and a

broken faucet in the kitchen sink repaired with duct tape;

apartments 30 and 31 had leaky ceilings with structural damage

and falling plaster; walls were pulling away from the ceiling;

the south building had exposed interior beams; exterior areas had

structural damage with worn concrete revealing the metal

foundation; the exterior wall of the southeast end of the

building had a 15-foot crack; and the concrete pillar supporting

the second-floor landing on the northeast side of the building

was worn and cracked, in violation of Rule 61C-1.004(6), Florida

Administrative Code; 10) apartment 32 had a rotten shower wall

and leaky toilet, apartment 31 had an inoperative shower, and

apartments 31 and 32 had water leaking under the sinks, in

violation of Rule 61C-1.004(2)(a), Florida Administrative Code;

11) apartment 31 had roaches, the dumpster had flies, and rotten

food littered the east side of the building, in violation of

Section 509.221(7), Florida Statutes; 12) an old car seat and

buckets were under an exterior stairwell, in violation of Rule

61C -3.001(7), Florida Administrative Code; 13) a dumpster was not

on an approved pad, in violation of Section 5-501.12 (amended at

hearing from an incorrect reference to Section 5-501.11), 1995

Food Code, as adopted by the Food and Drug Administration, Public

Health Service, United States Department of Health and Human

Services; 14) a dumpster lid was left open, in violation of

Section 5-501.114(B) (amended at hearing from an incorrect

reference to Section 5-501.113(B)), 1995 Food Code, as adopted by

the Food and Drug Administration, Public Health Service, United

States Department of Health and Human Services; and 15)* a sewage

line outside apartment 23 was open and covered with an old

cabinet door, and a sewage cap outside apartment 23 was missing,

in violation of Section 5-402.14, 1995 Food Code, as adopted by

the Food and Drug Administration, Public Health Service, United

States Department of Health and Human Services.

Respondent demanded a formal hearing. At the hearing,

Respondent admitted the alleged violation of Rule 61C-1.004(12),

Florida Administrative Code, for failing to provide heat, and

Section 5-501.12, Food Code, for failing to provide a suitable

pad for the second dumpster.

At the hearing, Petitioner called three witnesses and

offered into evidence 15 exhibits. Respondent called two

witnesses and offered into evidence no exhibits. All exhibits

were admitted.

The parties did not order a transcript.

FINDINGS OF FACT

1. Respondent operates a public lodging establishment known

as First Street Apartments at 220 South First Street in

Immokalee. The license to operate this establishment, which is

number 21-00721-H, expired December 1, 1997. However, Petitioner

has allowed Respondent to continue to operate under this license

until the resolution of pending proceedings against the license.

2. First Street Apartments comprise 84 residential units in

buildings not greater than three stories. At the time of the

inspection, about 60 units were occupied. The buildings were

constructed in 1963, and Respondent acquired the property in

1984.

3. The controlling owner of Respondent was formerly a

professional football player, and he formed Respondent to acquire

First Street Apartments while still playing football. He has

since retired, and he assumed direct responsibility for managing

the property in 1994. First Street Apartments generate a net

cash flow of $25,000 to $35,000 annually.

4. Respondent has no formal policy setting the frequency of

inspections of apartment units. However, the weekend prior to

the hearing, Respondent's owner and his family moved into one of

the apartments.

5. Petitioner’s inspector conducted inspections of First

Street Apartments on July 30 and August 19, 1997. The July

inspection resulted in the issuance of a warning for 38

violations. The inspector allowed Respondent 30 days to correct

these violations.

6. The findings below describe the conditions at First

Street Apartments on August 19, when Petitioner’s inspector and a

local fire inspector returned to the site for the reinspection.

7. As to the first alleged violation, apartments 30, 32,

40, and 79 lacked smoke detectors. As to the second alleged

violation, apartment 31 had a smoke detector, but it was

inoperative.

8. As to the third alleged violation, an undetermined

number of apartments had hasps affixed to the outside doors, so

as to permit them to be latched. Most if not all of these hasps

were affixed to the screen door. Most but not all of these hasps

were unlocked.

9. There is no evidence that any hasps were locked with

occupants inside. The evidence suggests that tenants used the

hasps to secure the contents of their premises while they were

gone. However, the evidence does not establish that all of these

hasps were attached to the doors and doorframe so securely as to

present more than a momentary impediment to someone from the

inside or outside trying to force the hasp open without unlocking

it. The doorframes appear to have secured so many hasps that the

wood is pitted and incapable of securing the hasp against much

force. The clear appearance of numerous screwholes in the doors

and doorframes supports Respondent’s contention that its

representatives have frequently removed the hasps, only to find

them reaffixed a short time later.

10. As to the fourth alleged violation, one of the

apartments had uninsulated wiring, unprotected by conduit,

running from the ceiling to a water heater. This uninsulated

wiring ran within eight feet of the floor. The proximity of this

exposed wiring to the water in the water heater rendered this

violation especially hazardous. However, Petitioner failed to

prove its allegation of a broken electrical socket with a hot

plate plugged into it.

11. As to the fifth alleged violation, occupants of

apartments 31, 32, and 33 used extension cords for other than

intermittent purposes, such as cleaning, maintenance, or other

temporary activities. These more ongoing, permanent uses

included cooking and playing radios and televisions.

12. As to the sixth alleged violation, there was no public

lighting in the alley between the north building and a fenced

area to the next property. However, Respondent or Lee County has

since added more exterior lighting, and the record does not

permit a finding as to the effect of the former condition.

13. As to the seventh alleged violation, Respondent

conceded that Respondent did not provide heat at the time of the

inspections.

14. As to the eighth alleged violation, the original design

of the guardrail along the balcony contains openings greater than

four inches. To remedy this hazardous situation, Respondent or a

prior owner placed chain-link fence behind the guardrail, so as

to reduce the openings to the size of the openings in the chain-

link fence.

15. The chain-link fence may have been missing on the west

side of the building, but this fact does not emerge clearly from

the record. There is some evidence that the chain-link fence

elsewhere had loosened from the guardrail, but the evidence fails

to establish the extent to which any separation had occurred and

the extent to which such separation presented a hazard to persons

falling between the openings in the guardrails and then between

the guardrails and the chain-link fence. Respondent has since

repaired the guardrails, in any event.

16. As to the ninth alleged violation, apartments 30 and 32

had broken windows, torn screens, and a broken faucet in the

kitchen sink repaired with duct tape; apartments 30 and 31 had

leaky ceilings with structural damage and falling plaster; walls

were pulling away from the ceiling; the south building had

exposed interior beams; exterior areas had structural damage with

worn concrete revealing the metal foundation; the exterior wall

of the southeast end of the building had a 15-foot crack; and the

concrete pillar supporting the second-floor landing on the

northeast side of the building was worn and cracked.

17. As to the tenth alleged violation, apartment 32 had a

rotten shower wall and leaky toilet, and apartment 31 had an

inoperative shower.

18. As to the eleventh alleged violation, there were

roaches and flies around the premises, but there is no evidence

of "noxious small animals or parasitic insects, such as lice,

fleas, worms, rats, or mice." As the administrative law judge

advised at the hearing, he took official notice of this

dictionary definition of "vermin" taken from a Funk and Wagnall's

Dictionary present in the courthouse at which the hearing took

place.

19. As to the twelfth alleged violation, there was a car

seat under a stairwell and about a dozen five-gallon plastic

pails. However, the tenants stored these items, on a temporary

basis, for their work. They remove car seats to increase the

passenger-carrying capacity of their motor vehicles, and they use

the pails while picking fruits and vegetables.

20. As to the thirteenth alleged violation, there was no

concrete pad under one of the two dumpsters.

21. As to the fourteenth alleged violation, a dumpster lid

remained open for the entire 1.5-hour inspection.

22. As to the fifteenth alleged violation, a broken sewer

line had leaked a pool of gray water, and a sewer cap was missing

from the sewer line as it left a residential unit.

23. In sum, Petitioner proved the following violations,

with critical violations marked with an asterisk: 1*, 2*, 4*

(unprotected wiring, but no broken socket), 5*, 7*, 9, 10 (except

for water leaking from under the sinks) 13, 14, and 15*.

24. By Ordinance No. 92-72, the Collier County Commission

adopted National Fire Protection Association Life Safety Code

101, Life Safety Code, effective October 21, 1992.

25. NFPA 5-2.2.4.6(c) provides: "Open guards shall have

intermediate rails or an ornamental pattern such that a sphere 4

in. (10.1 cm) in diameter cannot pass through any opening."

26. NFPA 19-3.4.4.1 provides:

Approved single station or multiple station

smoke detectors continuously powered from the

building electrical system shall be installed

in accordance with 7-6.2.9 in every living

unit within the apartment building regardless

of the number of stories or number of

apartments. When activated, the detector

shall initiate an alarm that is audible in

the sleeping rooms of that unit. This

individual unit detector shall be in addition

to any sprinkler system or other detection

system that may be installed in the building.

27. Section 5-402.14, 1995 Food Code, as adopted by the Food and

Drug Administration, Public Health Service, United States

Department of Health and Human Services (Food Code), provides:

"Sewage shall be conveyed to the point of disposal through an

approved sanitary sewage system or other system, including use of

sewage transport vehicles, waste retention tanks, pumps, pipes,

hoses, and connections that are constructed, maintained, and

operated according to law."

28. Section 5-501.11, Food Code, provides: "If located within

the food establishment, a storage area for refuse, recyclables,

and returnables shall meet the requirements specified under Parts

6-1 and 6-2."

29. Section 5-501.12, Food Code, provides: "An outdoor storage

surface for refuse, recyclables, and returnables shall be

constructed of nonabsorbent material such as concrete or asphalt

and shall be smooth, durable and sloped to drain."

30. Section 5-501.113(B), Food Code, provides: "Cardboard or

other packaging material that does not contain food residues and

that is awaiting regularly scheduled delivery to a recycling or

disposal site may be stored outside without being in a covered

receptacle if it is stored so that it does not create a rodent

harborage problem."

31. Section 5-501.114(B), Food Code, provides: "Equipment and

receptacles for refuse, recyclables, and returnables shall be

kept covered . . . [w]ith tight-fitting lids or doors if kept

outside the food establishment."

CONCLUSIONS OF LAW

32. The Division of Administrative Hearings has jurisdiction

over the subject matter. Section 120.57(1), Florida Statutes.

(All references to Sections are to Florida Statutes, except for

references to Sections of the Food Code. All references to Rules

are to the Florida Administrative Code.)

33. Section 509.211(2) provides that Petitioner "may i mpose

administrative sanctions for violations of these rules [adopted

under Chapter 633, Florida Statutes] pursuant to Section

509.261."

34. Section 509.261(1) authorizes Petitioner to impose a fine of

$1000 per offense, require additional education, or suspend or

revoke a license of any operator of a public lodging

establishment for a violation of any provision of Chapter 509 or

Petitioner's rules. Section 509-261(2) provides that the

Petitioner "may" treat as a separate offense each day that a

"critical" violation continues uncorrected.

35. Petitioner must prove the material allegations by clear and

convincing evidence. Department of Banking and Finance v.

Osborne Stern and Company, Inc. , 670 So. 2d 932 (Fla. 1996) and

rris v. Turlington , 610 So. 2d 292 (Fla. 1987).

36. Rule 61C-1.004 provides that all public lodging and public

food service establishments must meet the following requirements:

The following general requirements and

standards shall be met by all public lodging

and public food service establishments:

(1) Water, plumbing and waste -- Except as

specifically provided in these rules,

standards for water, plumbing and waste shall

be governed by chapter 5, Food Code, herein

adopted by reference. 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

establishments as defined in Chapter 509,

Florida Statutes.

* * *

(2)(a) Each public lodging and food service

establishment shall be provided with adequate

and conveniently located bathroom facilities

for its employees and guests in accordance

with provisions of these rules and the

plumbing authority having jurisdiction.

Public access to toilet facilities shall be

permitted through food preparation, storage,

or warewashing areas. Bathroom fixtures

shall be of readily cleanable sanitary

design. Bathroom facilities shall be kept

clean, in good repair and free from

objectionable odors. Bathrooms shall provide

at least 20 foot candles of light. The

walls, ceilings and floors of all bathrooms

shall be kept in good condition.

* * *

(5) All fire safety, protection and

prevention equipment must be installed,

approved, maintained and used in accordance

with Chapter 509, FS, and the National Fire

Protection Association Life Safety Code

Chapter 101, as adopted by the Division of

State Fire Marshal in Chapter 4A-3, FAC.

* * *

(6) All building structural components,

attachments and fixtures shall be kept in

good repair, clean and free of obstructions.

* * *

(10) Means of access must permit

unobstructed travel at all times and be

maintained free of obstructions and fire

hazards. Halls, entrances and stairways

shall be clean, ventilated and well-lighted

day and night. Hall and stair runners shall

be kept in good condition. Handrails shall

be installed on all stairways and guard rails

around all porches and steps. Adequate means

of exit shall be provided pursuant to NFPA

101. Exits shall be clearly marked with

approved illuminated exit signs.

(11) Electrical wiring -- To prevent fire or

injury, defective electrical wiring shall be

replaced and wiring shall be kept in good

repair. No extension cords shall be used

except during cleaning, maintenance and other

temporary activities. Only a wall switch or

approved pull cord shall be permitted in

bathrooms. In accordance with the provisions

of NFPA 70, the National Electrical Code, as

adopted by the Division of State Fire Marshal

in Chapter 4A-3, FAC, Uniform Fire Safety

Rules and Standards, sufficient electrical

outlets shall be provided.

(12) Heating and ventilation -- The heating

and ventilation system shall be kept in good

repair or be installed to maintain a minimum

of 68 degrees Fahrenheit throughout the

building. The insurance inspector's boiler

report is required annually for power boilers

and high pressure/high temperature boilers

and biannually for low pressure steam or

vapor heating boilers and shall be posted in

the boiler room. The provisions of this

section do not apply to the common areas of

resort condominiums.

37. Rule 61C-3.001(7) provides, for all public lodging

establishments, that

yards, alleys, driveways, sidewalks, and

other exterior portions of the licensed

premises shall be kept clean, free of debris,

free of objectionable odors, and properly

drained, maintained and mowed. All unused

and discarded equipment and materials shall

be removed from the premises, except when

placed in a designated storage area.

38. Section 509.221 provides in m aterial part:

(3) Each establishment licensed under this

chapter shall be properly lighted, heated,

cooled, and ventilated and shall be operated

with strict regard to the health, comfort,

and safety of the guests. Such proper

lighting shall be construed to apply to both

daylight and artificial illumination.

* * *

(7) 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.

39. Section 633.025 provides:

(1) Each municipality, county, and special

district with firesafety responsibilities

shall adopt minimum firesafety standards

which shall operate in conjunction with the

state minimum building code adopted by such

local jurisdiction as required by s. 553.73.

. . .

(2) Pursuant to subsection (1), each

municipality, county, and special district

with firesafety responsibilities shall adopt

and enforce the codes specified in paragraph

(a), paragraph (b), paragraph (c), or

paragraph (d) as the minimum firesafety code:

(a) The Standard Fire Prevention Code,

1985 edition or subsequent edition, as

adopted by the Southern Building Code

Congress International.

(b) The EPCOT Fire Prevention Code.

(c) The National Fire Protection

Association (NFPA) Pamphlet 1, 1985 edition

or subsequent edition.

(d) The South Florida Fire Prevention

Code, subject to the provisions of subsection

(4).

(3) In addition, each municipality, county,

and special district with firesafety

responsibilities shall adopt National Fire

Protection Association (NFPA) 101, Life

Safety Code, 1985 edition or subsequent

edition, as part of the minimum firesafety

code.

* * *

(7) The new building or structure provisions

enumerated within the firesafety code adopted

pursuant to this section shall apply only to

buildings or structures for which the

building permit is issued on or after

January 1, 1988. Subject to the provisions

of subsection (8), the existing building or

structure provisions enumerated within the

firesafety code adopted pursuant to this

section shall apply to buildings or

structures for which the building permit was

issued or the building or structure was

constructed prior to January 1, 1988.

(8) With regard to existing buildings, the

Legislature recognizes that it is not always

practical to apply any or all of the

provisions of the minimum firesafety code and

that physical limitations may require

disproportionate effort or expense with

little increase in lifesafety. Prior to

applying the minimum firesafety code to an

existing building, the local fire official

shall determine that a threat to lifesafety

or property exists. If a threat to

lifesafety or property exists, the fire

official shall apply the applicable

firesafety code for existing buildings to the

extent practical to assure a reasonable

degree of lifesafety and safety of property

or the fire official shall fashion a

reasonable alternative which affords an

equivalent degree of lifesafety and safety of

property. The decision of the local fire

official may be appealed to the local

administrative board described in s. 553.73.

(9) Nothing herein shall preclude a

municipality, county, or special district

from requiring a structure to be maintained

in accordance with the applicable firesafety

code.

(10) With respect to standards established

by the National Fire Protection Association

(NFPA) 101, Life Safety Code, 1985 edition,

s. 19-3.4.2.1, those standards shall not

apply to structures having direct access to

the outside from each living unit and having

three stories or less.

(11) With respect to standards established

by the National Fire Protection Association

(NFPA) 101, Life Safety Code, 1985 edition,

s. 19-3.4.4.1, battery operated smoke

detectors shall be considered as an approved

detection device for buildings having direct

access to the outside from each living unit

and having three stories or less.

(12) Heating and ventilation -- The heating

and ventilation system shall be kept in good

repair or be installed to maintain a minimum

of 68 degrees Fahrenheit throughout the

building. The insurance inspector's boiler

report is required annually for power boilers

and high pressure/high temperature boilers

and biannually for low pressure steam or

vapor heating boilers and shall be posted in

the boiler room. The provisions of this

section do not apply to the common areas of

resort condominiums.

40. As noted in the findings of fact, Petitioner failed to

prove the following alleged violations: 3, 4 (broken socket

only), 6, 8, 10 (water leaking under sinks only), 11, and 12.

41. As to alleged violations 1 and 2, the First Street

Apartments were constructed in 1963. Thus, Section 633.025(8)

provides that the NFPA shall not apply until "the local fire

official" determines that a "a threat to lifesafety or property

exists." There is no evidence of such a determination.

42. However, Collier County adopted the NFPA by ordinance.

Section 633.025(9) provides that nothing in Section 633.025 shall

preclude a county from requiring the maintenance of a structure

in accordance with the applicable fire safety code. It appears

the determination required by Section 633.025(8) thus applies to

situations in which, under Section 633.025, the NFPA is applied

to a county by operation of state law without adoption by the

county.

43. Thus, Petition er has proved two violations of NFPA

19-3.4.1, as adopted by Collier County in Ordinance No. 92-72.

These are "critical" violations.

44. As to violation 4, Petitioner proved only that the

wiring to the hot water heater was uninsulated and within eight

feet of the ground. Petitioner proved that this violated Rule

61C-1.004(11). This is a "critical" violation.

45. As to violation 5, Petitioner proved that the use of

extension cords violated Rule 61C-1.004(11). This is a

"critical" violation.

46. As to violation 7, Petitioner proved that the absence

of heat violated Rule 61C-1.004(12). This is a "critical"

violation.

47. As to violation 9, Petitioner proved that the various

items in disrepair violated Rule 61C-1.004(6).

48. As to violation 10, Petitioner proved all of the

alleged items, except for the water leaking under the sinks, and

these items violated Rule 61C-1.004(2)(a).

49. As to violation 13, Petitioner proved that the absence

of a pad under the dumpster violated Section 5-501.12, Food Code.

50. As to violation 14, Petitioner proved that the open lid

on the dumpster violated Section 5-501.114, Food Code.

51. As to violation 15, Petitioner proved that the broken

sewer line and uncapped sewer line violated Section 5-5.402.14,

Food Code. This is a "critical" violation.

52. Petitioner should fine Respondent $1000 for violation

15, $500 for violation 4, $250 each for violations 1 and 2, $250

for violation 5, $100 for violation 7 (although a "critical"

violation, the absence of heat in the summer is not hazardous to

the occupants' health), and $100 for each of the four non-

"critical" violations, for a total of $2750. The fine is set

with consideration of the need not to deprive Respondent of the

money necessary to maintain the property and in recognition of

the commitment of Respondent's controlling owner, in moving his

family to the property, to improve the maintenance level of the

property. Petitioner should also require Respondent's

controlling owner to attend take additional education in an

amount set by Petitioner in the final order.

RECOMMENDATION

It is

RECOMMENDED that the Division of Hotels and Restaurants

enter a final order imposing an administrative fine against

Respondent in the amount of $2750 and requiring Respondent's

controlling owner to undergo additional education.

DONE AND ENTERED this 8th day of December, 1998, in

Tallahassee, Leon County, Florida.

___________________________________

ROBERT E. MEALE

Administrative Law Judge

Division of Administrative Hearings

T he DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone] SUNCOM 278-9675

Fax Filing [phone]

Filed with the Clerk of the

Division of Administrative Hearings

this 8th day of December, 1998.

COPIES FURNISHED:

Daniel R. Biggins

Department of Business and

Professional Regulation

1940 North Monroe Street

Tallahassee, Florida 32399-1007

D. Nathan Hoskins

Peck & Peck

First Union Building, Suite 103

5801 Pelican Bay Boulevard

Naples, Florida 34108

Dorothy W. Joyce, Director

Division of Hotels and Restaurant

Department of Business and

Professional Regulation

1940 North Monroe Street

Tallahassee, Florida 32399-0792

Lynda L. Goodgame, General Counsel

Department of Business and

Professional Regulation

1940 North Monroe Street

Tallahassee, Florida 32399-0792

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within 15

days from the date of this Recommended Order. Any exceptions to

this Recommended Order must be filed with the agency that will

issue the Final Order in this case.