The proposed rule amendment reflects changes made to Chapter 509, F.S., by Chapter 2009-195, Laws of Florida, by eliminating the Hospitality Education Program disciplinary training requirements.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants

RULE NO: RULE TITLE
61C-1.005: Disciplinary Guidelines
PURPOSE AND EFFECT: The proposed rule amendment reflects changes made to Chapter 509, F.S., by Chapter 2009-195, Laws of Florida, by eliminating the Hospitality Education Program disciplinary training requirements.
SUMMARY: The proposed rule amendment eliminates Hospitality Education Program disciplinary training requirements.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 455.2273, 509.032 FS.
LAW IMPLEMENTED: 386.207, 509.032, 509.261, 509.281, 509.292 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michelle Comingore, Operations Review Specialist, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-1012, telephone: [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

61C-1.005 Disciplinary Guidelines.

(1) through (5) No change.

(6) Standard penalties. This section specifies the penalties routinely imposed against licensees and applies to all violations of law subject to a penalty under Chapter 509, F.S. Any violation requiring an emergency suspension or closure, as authorized by Chapter 509, F.S., shall be assessed at the highest allowable fine amount.

(a) Non-critical violation. In addition to the penalties outlined below, the licensee may be required to attend an educational program sponsored by the Hospitality Education Program.

1. through 3. No change.

(b) Critical violation. In addition to the penalties outlined below, the licensee may be required to attend an educational program sponsored by the Hospitality Education Program. Fines may be imposed for each day or portion of a day that the violation exists, beginning on the date of the initial inspection and continuing until the violation is corrected.

1. through 3. No change.

(c) Misrepresenting food or food product. In addition to the penalties outlined below, the licensee may be required to attend an educational program sponsored by the Hospitality Education Program. Fines may be imposed for each day or portion of a day that the violation exists, beginning on the date of the initial inspection and continuing until the violation is corrected.

1. through 3. No change.

(d) through (f) No change.

(g) Operating a public lodging establishment or public food service establishment in violation of an Emergency Order of Suspension, Emergency Order of Closure, administrative suspension, order to close, or other administrative action which prohibits operation of the establishment. In addition to the penalties outlined below, the licensee may be required to attend an educational program sponsored by the Hospitality Education Program. Fines shall be imposed for each day or portion of a day that an establishment operates in violation of the order or administrative action.

1. through 2. No change.

(h) through (i) No change.

(7) through (11) No change.

Rulemaking Authority 455.2273, 509.032 FS. Law Implemented 386.207, 509.032, 509.261, 509.281, 509.292 FS. History–New 6-28-09, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Bill L. Veach, Director, Division of Hotels and Restaurants, Department of Business and Professional Regulation
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Charles W. Drago, Secretary, Department of Business and Professional Regulation
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 22, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 14, 2009