10-008548 Department Of Business And Professional Regulation, Division Of Hotels And Restaurants vs. Key West Bed And Breakfast
 Status: Closed
Recommended Order on Monday, December 20, 2010.


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Summary: Facility not guilty of refusing to permit an inspection of the premises becauise owner offered to permit inspection before inspector left the premises.

1FI LED

3of Busii1ess ana frofessionaillellutation

7DeputyAgencyClerk

8CLERI<>

9Date 1/19/2011

11STATE OFFLORIDA File # 2011-00529

16DEPARTMENT OFBUSINESS 'AND PROFESSIONAL REGULATION

21DIVISION OF HOTELS AND RESTAURANTS

26DEPARTMENT OFBUSINESS AND

29PROFESSIONAL REGULATION,

31DIVISION OF HOTELS AND

35RESTAURANTS,

36Petitioner,

37DOAH CASE NO.: 10-8548

41v. H&R CASE NO.: 2010-032630

46LICENSE NO.: 54-02366

49LICENSETYPE: 2005

51KEY WEST BED AND BREAKFAST,

56Respondent.

57FINAL ORDER

59The Director, Division of Hotels and Restaurants,

66Department of Business and Professional Regulation (the

73Division), after consideration of the complete record of this

82case on file with the Division, enters this Final Order.

921. On July 1, 2010, the Department issued an

101Administrative Complaint, a copy of which is attached as Exhibit

"111A."

1122. On October 19, 2010, a hearing in this cause was held

124before the Honorable Claude B. Arrington, Administrative Law

132Judge, Division of Administrative Hearings.

1373. On December 20, 2010, Honorable Claude B. Arrington

146issued a Recommended Order, a copy of which is attached as

157Exhibit "B." The Statement of the Issues, Preliminary Statement,

166Certified 'Article Number , .'

17071bO 3901 9849 1408 b781

175Findings of Fact, Conclusions of Law, and Recommendation

183contained in the Recommended Order are hereby adopted in toto

193and incorporated herein by reference.

198Based upon the foregoing, and being otherwise fully advised

207in the premises it is, hereby ORDERED that: for Respondent's

217violations of Section 509, Florida Statutes, and/or the rules

226promulgated thereto the following penalty is imposed:

2331. The Administrative Complaint is dismissed.

2392. This Final Order shall become effective on the date of

250filing with the Agency Clerk.

255DONE AND ORDERED this of __ ,2011.

262B1 L. Veach, Director

266Department of Business and

270Professional Regulation

272Division of Hotels and Restaurants

2771940 North Monroe Street

281Tallahassee, Florida 32399-1015

284NOTICEOF RIGHT TO APPEAL UNLESS WAIVED

290Unless expressly waived, any party substantially affected by

298this final order may seek judicial review by filing an original

309Notice of Appeal with the Clerk of the Department of Business

320and Professional Regulation, and a copy of the notice,

329accompanied by the filing fees prescribed by law, with the clerk

340of the appropriate District Court of Appeal wi thin thirty (30)

351days rendition of this order, in accordance with Rule 9.110,

361Fla. R. App. P., and Section 120.68, Florida Statutes.

370CERTIFICATEOFSERVICE

371I HEREBY CERTIFY that a true and correct copy of the

382foregoing has been furnished via Certified U.s. Mail to Key West

393Bed and Breakfast, c/o Jody Carlson, 415 William Street, Key

403West, Florida 33040; by regular U.S. Mail to the Honorable

413Claude B. Arrington, Administrative Law Judge, Division of

421Administrative Hearings, 1230 Apalachee Parkway, Tallahassee,

427Florida 32399-3060; and by hand delivery to Marc Drexler, Chief

437Attorney, Division of Hotels and Restaurants, Department of

445Business and Professional Regulations, 1940 Street,

451Tallahassee, Florida 32399-2202, this day of

457-:::Jan U4ry , 2 a 11. -

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PDF
Date
Proceedings
PDF:
Date: 01/20/2011
Proceedings: Agency Final Order
PDF:
Date: 01/20/2011
Proceedings: Agency Final Order filed.
PDF:
Date: 12/20/2010
Proceedings: Recommended Order
PDF:
Date: 12/20/2010
Proceedings: Recommended Order (hearing held October 19, 2010). CASE CLOSED.
PDF:
Date: 12/20/2010
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 12/16/2010
Proceedings: Notice of Ex-parte Communication.
PDF:
Date: 12/13/2010
Proceedings: Letter to Judge Arrington from J. Carlson regarding hospitality industry filed.
PDF:
Date: 11/19/2010
Proceedings: Petitioner's Proposed Recommended Order filed.
PDF:
Date: 11/12/2010
Proceedings: Order Granting Extension of Time.
PDF:
Date: 11/09/2010
Proceedings: (Petitioner's) Motion for Extension of Time filed.
Date: 11/01/2010
Proceedings: Transcript (not available for viewing) filed.
Date: 10/19/2010
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 10/12/2010
Proceedings: Petitioner's Witness List filed.
PDF:
Date: 10/12/2010
Proceedings: Petitioner's Exhibit List (exhibits not available for viewing) filed.
PDF:
Date: 10/12/2010
Proceedings: Notice of Appearance (filed by P. Nelson).
PDF:
Date: 09/15/2010
Proceedings: Order Directing Filing of Exhibits
PDF:
Date: 09/15/2010
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 09/15/2010
Proceedings: Notice of Telephonic Final Hearing (hearing set for October 19, 2010; 10:00 a.m.).
PDF:
Date: 09/07/2010
Proceedings: Response to Initial Order filed.
PDF:
Date: 08/31/2010
Proceedings: Initial Order.
PDF:
Date: 08/31/2010
Proceedings: Administrative Complaint filed.
PDF:
Date: 08/31/2010
Proceedings: Election of Rights filed.
PDF:
Date: 08/31/2010
Proceedings: Agency referral filed.

Case Information

Judge:
CLAUDE B. ARRINGTON
Date Filed:
08/31/2010
Date Assignment:
08/31/2010
Last Docket Entry:
01/20/2011
Location:
Key West, Florida
District:
Southern
Agency:
ADOPTED IN TOTO
 

Counsels

Related Florida Statute(s) (3):