Licensing and Inspection Requirements

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants

RULE NO.:RULE TITLE:
61C-1.002Licensing and Inspection Requirements

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 38, No. 35, August 31, 2012 issue of the Florida Administrative Register.

61C-1.002 Licensing and Inspection Requirements.

(1) No change.

(2) To apply for licensure, an applicant must submit the appropriate application and the required fee, pursuant to Section 509.251, F.S., and Rule 61C-1.008, F.A.C., to the division. Any license fee received by the division is non-refundable once the establishment commences operation.

(a) License Applications.

1. Public lodging establishments, except vacation rentals, required to be licensed by the division, under Chapter 509, F.S., must submit DBPR HR-7027, APPLICATION FOR PUBLIC LODGING ESTABLISHMENT LICENSE (https://www.flrules.org/Gateway/reference.asp?No=Ref-01712 http://www.flrules.org/Gateway/reference.asp?No=Ref-01504), incorporated herein by reference and effective 2012 October 1. Instructions for filling out DBPR HR-7027 are provided in DBPR HR-7027i, INSTRUCTIONS FOR COMPLETING DBPR HR-7027 APPLICATION FOR PUBLIC LODGING ESTABLISHMENT LICENSE (https://www.flrules.org/Gateway/reference.asp?No=Ref-01505), incorporated herein by reference and effective 2012 October 1.

2. Vacation rentals required to be licensed by the division under Chapter 509, F.S., must submit DBPR HR-7028, APPLICATION FOR VACATION RENTAL LICENSE (https://www.flrules.org/Gateway/reference.asp?No=Ref-01871 http://www.flrules.org/Gateway/reference.asp?No=Ref-01506), incorporated herein by reference and effective 2012 October 1. Instructions for filling out DBPR HR-7028 are provided in DBPR HR-7028i, INSTRUCTIONS FOR COMPLETING DBPR HR-7028 APPLICATION FOR VACATION RENTAL LICENSE (https://www.flrules.org/Gateway/reference.asp?No=Ref-01507), incorporated herein by reference and effective 2012 October 1.

3. Public food service establishments required to be licensed by the division under Chapter 509, F.S., must submit one of the following applications, as appropriate to the establishment.

a. DBPR HR-7007, APPLICATION FOR PUBLIC FOOD SERVICE ESTABLISHMENT LICENSE (https://www.flrules.org/Gateway/reference.asp?No=Ref-01858 http://www.flrules.org/Gateway/reference.asp?No=Ref-01508), incorporated herein by reference and effective 2012 October 15 2011 August 22. Instructions for filling out DBPR HR-7007 are provided in DBPR HR-7007i, INSTRUCTIONS FOR COMPLETING DBPR HR-7007 APPLICATION FOR PUBLIC FOOD SERVICE ESTABLISHMENT LICENSE (https://www.flrules.org/Gateway/reference.asp?No=Ref-01509), incorporated herein by reference and effective 2011 August 22.

b. DBPR HR-7030, APPLICATION FOR PUBLIC FOOD SERVICE ESTABLISHMENT LICENSE WITH PLAN REVIEW (https://www.flrules.org/Gateway/reference.asp?No=Ref-01861 http://www.flrules.org/Gateway/reference.asp?No=Ref-01510), incorporated herein by reference and effective October 15, 2012 2011 August 22. Instructions for filling out DBPR HR-7030 are provided in DBPR HR-7030i, INSTRUCTIONS FOR COMPLETING DBPR HR-7030 APPLICATION FOR PUBLIC FOOD SERVICE ESTABLISHMENT LICENSE WITH PLAN REVIEW (https://www.flrules.org/Gateway/reference.asp?No=Ref-01511), incorporated herein by reference and effective 2011 August 22.

c. DBPR HR-7031, APPLICATION FOR MOBILE FOOD DISPENSING VEHICLE LICENSE WITH PLAN REVIEW (https://www.flrules.org/Gateway/reference.asp?No=Ref-01862 http://www.flrules.org/Gateway/reference.asp?No=Ref-01512), incorporated herein by reference and effective 2012 October 15 2011 August 22. Instructions for filling out DBPR HR-7031 are provided in DBPR HR-7031i, INSTRUCTIONS FOR COMPLETING DBPR HR-7031 APPLICATION FOR MOBILE FOOD DISPENSING VEHICLE LICENSE WITH PLAN REVIEW (https://www.flrules.org/Gateway/reference.asp?No=Ref-01513), incorporated herein by reference and effective 2011 August 22.

4. Temporary public food service establishments required to be licensed by the division under Chapter 509, F.S., must submit DBPR HR-7029, APPLICATION FOR TEMPORARY EVENT VENDOR LICENSE (https://www.flrules.org/Gateway/reference.asp?No=Ref-01863 http://www.flrules.org/Gateway/reference.asp?No=Ref-01514), incorporated herein by reference and effective 2012 October 15 2011 August 22. Instructions for filling out DBPR HR-7029 are provided in DBPR HR-7029i, INSTRUCTIONS FOR COMPLETING DBPR HR-7029 APPLICATION FOR TEMPORARY EVENT VENDOR LICENSE (https://www.flrules.org/Gateway/reference.asp?No=Ref-01515), incorporated herein by reference and effective 2011 August 22. The division will provide the applicant a copy of this application, including instructions, at the time of inspection.

(b) through (c) No change.

(3) No change.

(4) Public lodging establishments as defined in Section 509.013(4), F.S., are licensed in accordance with the classifications in Section 509.242, F.S., and:

(a) Transient establishments are licensed as hotels, motels, transient apartments, bed and breakfast inns and vacation rentals.

1. Vacation rentals are further classified as condominiums or dwellings and will be issued a single, group or collective license pursuant to Section 509.251, F.S. A vacation rental condominium license will be issued for a unit or group of units in a condominium, cooperative, or timeshare plan. A vacation rental dwelling license will be issued for a single-family house, a townhouse, or a unit or group of units in a duplex, triplex, quadruplex, or other dwelling unit that has four or less units collectively. Vacation rental licenses will be issued as a single, group, or collective license pursuant to Section 509.251, F.S., to either an individual person or to a licensed agent. For the purpose of this rule, “licensed agent” means the operator of a management company that has been licensed by the dwelling or unit owner, through a rental agreement or contract between the two parties, to hold out the dwelling or unit for rent on a transient basis. A licensed agent is not required to hold a license from the Division of Real Estate.

a. A single license is a license issued by the division to an individual person or entity, but not a licensed an authorized agent. A single license may include one single-family house or townhouse, or a unit or group of units within a single building that are owned and operated by the same individual person or entity.

b. A group license is a license issued by the division to a licensed an authorized agent to cover all units within a building or group of buildings in a single complex. A group license shall only cover those units which are held out to the public as a place regularly rented to guests as defined in Chapter 509, F.S.

c. A collective license is a license issued by the division to a licensed an authorized agent who represents a collective group of houses or units found on separate locations. A collective license may not be issued for more than 75 houses or units per license and is restricted to counties within one district.

2. Responsibilities of the Vacation Rental Licensee.

a. For inspection purposes, the licensee or operator designee shall, upon request, meet the inspector at the site of a specified establishment with keys to the licensed house or unit being inspected.

b. through e. No change.

(b) through (c) No change.

(5) Public food service establishments, as defined in Section 509.013(5), F.S., are licensed in accordance with the following classifications and requirements:

(a) Nonseating:

1. through 4. No change.

5. Vending machines – Vending machines are classified as any self-service devices licensed pursuant to Chapter 509, F.S., which, upon insertion of coin or token, or by other means, dispense unit servings of potentially hazardous food, either in bulk or packaged, without the necessity of replenishing the device between each operation. All vending machine owners shall submit the serial number of each vending machine to the division on DBPR HR-7007, APPLICATION FOR PUBLIC FOOD SERVICE ESTABLISHMENT LICENSE the application for license. The vending machine owner shall maintain an accurate and current list of vending machine locations with the corresponding serial number. This list shall be made available to the division upon request. The division shall coordinate with the vending machine owner to schedule inspections with the assistance of the owner or the owner’s agent with the capability to open and demonstrate the machine.

6. No change.

(b) No change.

(c) Plan Reviews.

1. No change.

2. The plans and specifications shall indicate the general operation of the establishment; the intended menu items; location of employee and public bathrooms; proposed layout, including all work, guest, and employee areas and storeage facilities; construction finishes of work areas; and equipment location, design and installation, including the type of proposed fixed equipment and facilities. Plans and specifications must be submitted by the owner, prospective operator or their designated representative along with DBPR HR-7005, APPLICATION FOR PLAN REVIEW (https://www.flrules.org/Gateway/reference.asp?No=Ref-01864 http://www.flrules.org/Gateway/reference.asp?No=Ref-01516), incorporated by be reference herein and effective 2012 October 15 2011 August 22, or DBPR HR-7030, APPLICATION FOR PUBLIC FOOD SERVICE ESTABLISHMENT LICENSE WITH PLAN REVIEW. Plans and specifications for mobile food dispensing vehicles must be submitted by the owner, prospective operator or their designated representative along with DBPR HR-7006, MOBILE FOOD DISPENSING VEHICLE PLAN REVIEW APPLICATION (https://www.flrules.org/Gateway/reference.asp?No=Ref-01865 http://www.flrules.org/Gateway/reference.asp?No=Ref-01517), incorporated herein by reference and effective 2012 October 15 2011 August 22, or DBPR HR-7031, APPLICATION FOR MOBILE FOOD DISPENSING VEHICLE LICENSE WITH PLAN REVIEW. Instructions for filling in DBPR HR-7005 are provided in DBPR HR-7005i, INSTRUCTIONS FOR COMPLETING DBPR HR-7005 APPLICATION FOR PLAN REVIEW (https://www.flrules.org/Gateway/reference.asp?No=Ref-01518), incorporated herein by reference and effective 2011 August 22. Instructions for filling in DBPR HR-7006 are provided in DBPR HR-7006i, INSTRUCTIONS FOR COMPLETING MOBILE FOOD DISPENSING VEHICLE PLAN REVIEW APPLICATION (https://www.flrules.org/Gateway/reference.asp?No=Ref-01519), incorporated herein by reference and effective 2011 August 22. The division shall grant or deny approval of the plans in writing pursuant to the provisions of Chapter 120, F.S.

3. When the establishment’s water source is a well or the sewer source is an onsite sewage treatment and disposal system, applicants for plan review must also submit proof of approval from the Department of Health Health’s Interagency – DOH/DACS/DBPR Onsite Sewage (Septic) and Water Supply Evaluation, which is available with the division’s application forms.

(d) No change.

(6) through (9) No change.

Rulemaking Authority 509.032, 509.241FS. Law Implemented 213.0535, 509.032, 509.221, 509.241, 509.242, 509.251, 509.261, 559.79 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,_________ .