To create a definition for “provide annual training.”

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-3.0003Definitions

PURPOSE AND EFFECT: To create a definition for “provide annual training.”

SUMMARY: The proposed rulemaking amends Rule 61C-3.0003, F.A.C., to establish a definition for “provide annual training” as related to human trafficking awareness training requirements for statutorily specified types of employees in public lodging establishments.

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: 509.032, F.S.

LAW IMPLEMENTED: 509.096, 509.211(5), 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-3.0003 Definitions.

(1) As referenced in Sections 509.096(1) and 509.211(5), F.S., and in this rule, the term “employee” means a person who is directly employed by a public lodging establishment and works at the licensed premises. The term excludes independent contractors and persons employed by a temporary staffing agency or employee leasing company.

(2) No Change.

(3) As referenced in Section 509.096(1), F.S., the phrase “provide annual training” means a public lodging establishment is required to provide yearly division-approved human trafficking awareness training to all employees required by statute to be trained. The training must initially be provided within 60 days after an employee begins employment in a role requiring training and provided again no later than every 365 days from the date the training was last provided to that same employee for as long as the employee remains in a role requiring training.

Rulemaking Authority 509.032 FS. Law Implemented 509.096, 509.211(5) FS. History–New 11-30-22, ______.

 

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: 2/14/2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 01/19/2024