The purpose and effect of the proposed rule development is to change the license renewal dates for public food service and public lodging establishments and delete reference to an incorporated form that is no longer needed in the rule.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants

RULE NO: RULE TITLE
61C-1.002: Licensing and Inspection Requirements
PURPOSE AND EFFECT: The purpose and effect of the proposed rule development is to change the license renewal dates for public food service and public lodging establishments and delete reference to an incorporated form that is no longer needed in the rule.
SUBJECT AREA TO BE ADDRESSED: The proposed rule development addresses public food service and lodging establishment license renewal.
SPECIFIC AUTHORITY: 509.032, 509.241 FS.
LAW IMPLEMENTED: 213.0535, 509.032, 509.241, 509.251, 559.79 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, 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 PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

       61C-1.002 Licensing and Inspection Requirements.

       (1) through (5) No change.

       (6) Renewal – It is the responsibility of the licensee to renew the license prior to the expiration date. The division makes available to all licensees BPR form 21-021, APPLICATION FOR LICENSE RENEWAL, incorporated herein by reference and effective 3-31-94, which contains all information required by law to renew the license. Any public lodging or food service establishment operating on an expired license is deemed to be operating without a license, and subject to the penalties provided by for this offense in law and rule. Beginning in 2008, all public food service establishment licenses will expire on and must be renewed by December 1 annually. Beginning in 2009, all public lodging establishment licenses will expire on and must be renewed by May 1 annually. These expiration dates will replace the schedule in paragraphs (a) through (g) below. The expiration date of licenses in current status will be extended for the period of time necessary to bring each district into alignment with the new expiration dates. The division will provide each affected establishment in current status with a new license indicating the extended expiration date before their license expires. Until a license indicating the new December 1 or May 1 expiration date is issued, the following annual Annual renewal schedule applies dates for all establishments in the counties indicated are as follows:

       (a) through (g) No change.

       (7) through (8) No change.

Specific Authority 509.032(2)(d), (6), 509.241(1) FS. Law Implemented 213.0535, 509.032(2)(a), (d), (e), (6), 509.241(1), (3), 509.251, 559.79(1) FS. History–Amended 1-20-63, 9-19-63, 5-20-64, 2-23-66, 8-9-68, Revised 2-4-71, Amended 10-18-71, Repromulgated 12-18-74, Amended 9-1-83, 10-1-83, Formerly 7C-1.02, Amended 1-30-90, 12-31-90, 2-27-92, 6-15-92, Formerly 7C-1.002, Amended 3-31-94, 3-15-95, 10-9-95, 9-25-96, 5-11-98, 9-9-03,_______.