To adopt new application forms that were impacted by the plan review fee removal and forms with other minor changes.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-1.002Licensing and Inspection Requirements

PURPOSE AND EFFECT: To adopt new application forms that were impacted by the plan review fee removal and forms with other minor changes.

SUMMARY: The proposed rule will adopt the updated application forms that have the plan review fee language removed.

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, 509.241, 509.2112 FS.

LAW IMPLEMENTED: 213.0535, 509.032, 509.221, 509.241, 509.242, 509.251, 559.79, 509.2112 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: Cindy Ross, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399; [phone]; [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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. through 2. No change

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 (http://www.flrules.org/Gateway/reference.asp?No=Ref- _____ 07064), incorporated herein by reference and effective ______ 2016 July.

b. DBPR HR-7030, Application for Public Food Service Establishment License with Plan Review (http://www.flrules.org/Gateway/reference.asp?No=Ref- _____ 07065), incorporated herein by reference and effective _____  2016 July.

c. DBPR HR-7031, Application for Mobile Food Dispensing Vehicle License with Plan Review (http://www.flrules.org/Gateway/reference.asp?No=Ref- _____ 06288), incorporated herein by reference and effective _____ 2015 December 1.

4. No change.

(3) through (4) 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) through (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 storage 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 (http://www.flrules.org/Gateway/reference.asp?No=Ref- ______ 07066), incorporated by reference herein and effective _________ 2016 July, 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 (http://www.flrules.org/Gateway/reference.asp?No=Ref- _____ 06291), incorporated herein by reference and effective _________ 2015 December 1, or DBPR HR-7031, Application for Mobile Food Dispensing Vehicle License with Plan Review. The division shall grant or deny approval of the plans in writing pursuant to the provisions of Chapter 120, F.S.

3. No change.

(d) No change.

(6) through (9) No change.

Rulemaking Authority 509.032, 509.241, 509.2112 FS. Law Implemented 213.0535, 509.032, 509.221, 509.241, 509.242, 509.251, 559.79, 509.2112, 509.013 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, 1-1-13, 7-4-13, 7-1-14, 11-20-14, 12-28-15, 2-24-16, 7-11-16, 12-28-16, _______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Rick Akin, Director, Division of Hotels and Restaurants, Department of Business and Professional Regulation.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Matilde Miller, Interim Secretary, Department of Business and Professional Regulation.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 11, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 5, 2017