To clarify and revise existing guidelines, and to implement new guidelines.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-1.005Disciplinary Guidelines

PURPOSE AND EFFECT: To clarify and revise existing guidelines, and to implement new guidelines.

SUMMARY: The proposed rulemaking amends Rule 61C-1.005, F.A.C., to clarify and revise existing disciplinary guidelines and to implement administrative fines for violating a provision of Section 509.103, FS.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the economic review conducted by the agency.

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.

RULEMAKING AUTHORITY: 455.2273, 509.032, F.S.

LAW IMPLEMENTED: 213.50(3), 386.207, 500.451, 509.032, 509.092, 509.103, 509.215(5), 509.261, 509.281, 509.292, F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michelle Keith; Division of Hotels and Restaurants, Department of Business and Professional Regulation, 2601 Blair Stone Rd., Tallahassee, FL 32399-1011; [e-mail]; [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61C-1.005 Disciplinary Guidelines.

(1) through (5) No Change.

(6) Standard penalties. The following guidelines shall be used in disciplinary cases, absent aggravating or mitigating circumstances and subject to the other provisions of this rule. 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.

(a) through (o) No Change.

(p) Violating a provision of Section 509.103, F.S.

1. 1st offense – Administrative fine of $500.

2. 2nd and any subsequent offense – Administrative fine of $1,000.

(p) through (r) renumbered as (q) through (s) No Change.

(7) Aggravating or mitigating circumstances factors. The division may deviate from the standard penalties in paragraphs (a) through (p)(n) of subsection (6) above, based upon the consideration of aggravating or mitigating circumstances factors present in a specific case. The division may deviate from the standard penalties in paragraph (o) of subsection (6) above, based upon the consideration of aggravating factors present in a specific case. The division shall consider the following aggravating and mitigating circumstances factors in determining the appropriate disciplinary action to be imposed and in deviating from the standard penalties:

(a) through (b) No Change.

(8) through (10) No Change.

Rulemaking Authority 455.2273, 509.032 FS. Law Implemented 213.50(3), 386.207, 500.451, 509.032, 509.092, 509.103, 509.215(5), 509.261, 509.281, 509.292 FS. History–New 6-28-09, Amended 12-28-09, 1-1-13, 5-31-15, 2-9-17, ______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Steven von Bodungen, Director, Division of Hotels and Restaurants, Florida Department of Business and Professional Regulation.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Melanie S. Griffin, Secretary, Florida Department of Business and Professional Regulation.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 6, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 13, 2024