To correct penalties assessed, revise disciplinary options, and clarify violation descriptions.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-1.005Disciplinary Guidelines

PURPOSE AND EFFECT: To correct penalties assessed, revise disciplinary options, and clarify violation descriptions.

SUMMARY: The proposed amendments remove duplicate language, clarify violation descriptions, conform penalties for violation of the Clean Indoor Air Act to the penalties listed in the controlling statute, and modify aggravating and mitigating factors considered.

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 FS.

LAW IMPLEMENTED: 213.50(3), 386.207, 500.451, 509.032, 509.092, 509.215(5), 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 THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michelle Comingore, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399, [phone], [e-mail]

 

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 penalty under Chapter 509, F.S.

(a) through (e) No change.

(f) Operating a public lodging establishment or public food service establishment without a license or with a license expired for more than 60 days.

1. 1st offense – Administrative fine of $250 to $500.

2. 2nd offense – Administrative fine of $500 to $1,000.

3. 3rd offense and any subsequent offense – Administrative fine of $750 to $1,000 or an administrative fine of $750 to $1,000.

(g) Operating a public lodging establishment or public food service establishment without a license resulting in when an Administrative Determination and Order of Closure has been issued by the division.

1. 1st offense – Administrative fine of $500 to $1,000.

2. No change.

(h) Operating a public lodging establishment or public food service establishment in violation of an Emergency Order of Emergency Suspension of License and Closure, Emergency Order of Closure, administrative suspension, Order of Closure, or other emergency administrative action that prohibits operation of the establishment.

1. 1st offense – Administrative fine of $500 to $1,000.

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

(i) Failure to comply with the requirements of a disciplinary Final Order.

1. 1st offense – Administrative fine of $500 and license suspension.

2. 2nd offense – Administrative fine of $1,000 and license suspension.

3. 3rd offense – License revocation.

(j) through (n) No change.

(o) Any violation requiring an Emergency Order of Emergency Suspension of License and or Emergency Order of Closure, as authorized by Chapter 509, F.S.

1. through 2. No change.

(p) No change.

(q) Violation of the Florida Clean Indoor Air Act, Chapter 386, Part II, F.S., shall be assessed a civil penalty in accordance with Section 386.207(3), F.S.

1. 1st offense – Administrative fine of $250 to $750.

2. 2nd and any subsequent offense – Administrative fine of $500 to $2,000.

(r) No change.

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

(a) Aggravating factors.

1. through 5. No change.

6. The current administrative complaint alleges a violation for which the licensee was previously disciplined in a Final Order filed with the Agency Clerk by the division within the 24 months preceding the date the current administrative complaint was issued.

76. Any other aggravating factors, as relevant under the circumstances.

(b) Mitigating Factors.

1. No change.

2. Length of time the current licensee has held the license.

2.3. Effect of the penalty upon the licensee’s livelihood.

3.4. Attempts by the licensee to correct the violation.

4.5. Any other mitigating factors, as relevant under the circumstances.

(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, 509.215(5), 509.261, 509.281, 509.292 FS. History–New 6-28-09, Amended 12-28-09, 1-1-13,_______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Diann Worzalla, Director, Division of Hotels and Restaurants, Department of Business and Professional Regulation

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 16, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 13, 2015