61C-5.023. Citations

(1) Upon a determination of probable cause, the division will issue a citation for:

(a) Operating an elevator without a valid temporary operating permit as required under Chapter 399, F.S., or performing activity requiring a permit, certificate, or license without a valid permit, certificate, or license.

(b) Operating an elevator without a valid certificate of operation.

(2) The division will determine probable cause exists when personal observation or investigation by the division provides facts to support a reasonable belief that the violation has occurred.

(3) The citation must be issued using DBPR Form HR 5023-059, Disciplinary Citation and Stop Work Order, (http://www.flrules.org/Gateway/reference.asp?No=Ref-13221) incorporated herein by reference and effective June 2021. The citation will constitute a stop work order only when issued under paragraph (1)(a). A sample copy of this form is available from the Division of Hotels and Restaurants Internet website at www.MyFloridaLicense.com/dbpr/elevator-safety/; by email to [e-mail]; or upon written request to the Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety, 2601 Blair Stone Road, Tallahassee, Florida 32399-1013.

(4) The citation must contain a brief factual statement of the activity engaged in; the section of law allegedly violated; the penalty imposed; instructions on how to pay the citation; and a statement that, in lieu of accepting and paying the citation, the subject may choose to dispute the citation and proceed with an administrative hearing in accordance with Sections 120.569 and 120.57, F.S. The citation must be issued to a natural person, elevator owner, or elevator company and contain the following information, if available or applicable:

(a) Subject’s full name and date of birth;

(b) Subject’s division-issued license number or registration number, whether current or expired, or subject’s drivers license number or any other identifying information;

(c) Subject’s last known address and telephone number; and,

(d) Notification that the citation is issued as a stop work order.

(5) The citation must be served upon the subject by personal service or by certified mail. When the division issues DBPR Form HR 5023-059 as a stop work order, the activity identified on the citation must immediately stop upon receipt of the citation.

(6) Definitions.

(a) “First citation” means a citation issued when no prior citation involving the same subject for violations of paragraph (1)(a), or the same elevator for violations of paragraph (1)(b), has become or resulted in a Final Order within the 24 months preceding the date the current citation is issued.

(b) “Second citation” means a citation issued when one prior citation involving the same subject for violations of paragraph (1)(a), or the same elevator for violations of paragraph (1)(b), has become or resulted in a Final Order within the 24 months preceding the date the current citation is issued and the current violation is the same as a previous violation.

(c) “Third citation” means a citation issued when two prior citations involving the same subject for violations of paragraph (1)(a), or the same elevator for violations of paragraph (1)(b), have become or resulted in a Final Order within the 24 months preceding the date the current citation is issued and the current violation is the same as a previous violation.

(d) “Fourth and any subsequent citation” means a citation issued when three or more prior citations involving the same subject for violations of paragraph (1)(a), or the same elevator for violations of paragraph (1)(b), have become or resulted in a Final Order within the 24 months preceding the date the current citation is issued and the current violation is the same as a previous violation.

(7) A citation issued under paragraph (1)(a), will result in the following fines:

(a) Erecting, constructing, installing, altering, or relocating an elevator without obtaining a permit, in violation of Section 399.03(1), F.S., will result in a fine of $250 for the first citation, $500 for the second citation, $750 for the third citation, and $1,000 for the fourth and any subsequent citation.

(b) Operating an elevator or allowing an elevator to operate for temporary use during installation or alteration without a valid temporary operating permit, in violation of Section 399.03(10), F.S., will result in a fine of $250 for the first citation, $500 for the second citation, $750 for the third citation, and $1,000 for the fourth and any subsequent citation.

(c) Performing work that requires licensure as an elevator inspector without a license or with an expired license, in violation of Section 399.17, F.S., will result in a fine of $250 for the first citation, $500 for the second citation, $750 for the third citation, and $1,000 for the fourth and any subsequent citation.

(d) Performing work that requires licensure as an elevator technician without a license or with an expired license, in violation of Section 399.01(14), F.S., will result in a fine of $250 for the first citation, $500 for the second citation, $750 for the third citation, and $1,000 for the fourth and any subsequent citation.

(e) Employing persons to construct, install, inspect, maintain, or repair any vertical conveyance without a license, in violation of Section 399.01(12), F.S., will result in a fine of $250 for the first citation, $500 for the second citation, $750 for the third citation, and $1,000 for the fourth and any subsequent citation.

(8) A citation issued under paragraph (1)(b) will result in a fine of $250 for the first citation, $500 for the second citation, $750 for the third citation, and $1,000 for the fourth and any subsequent citation. Citations issued under paragraph (1)(b) may be dismissed if a valid certificate of operation has been obtained before the citation becomes a final order.

(9) The subject has 30 days from the date the citation is served to accept the citation or request a hearing pursuant to Chapter 120, F.S., in writing. If a hearing is requested, any resulting penalty shall be assessed according to this rule. If the subject does not request a hearing within 30 days after the date the citation is served, the citation will become a final order.

(10) Violations that are not corrected within 90 days of the date the citation has been served will result in the issuance of a new citation for a subsequent offense of the same violation.

(11) All fines are due and payable within 30 days of the date the citation becomes a final order. All fine payments are to be made payable to the Division of Hotels and Restaurants.

(12) The division will approve an installment payment plan for up to 5 months for fines imposed by a citation if the fines impose a financial hardship. An installment payment plan must be requested within 30 days of the date the citation becomes a final order.

(13) Once the citation becomes a final order, it will be filed in accordance with procedures established for the filing of final orders by the department.

Rulemaking Authority 399.16 FS. Law Implemented 399.105, 399.16 FS. History–New 1-10-12, Amended 6-17-15, 9-1-21.