To update the rule language to reflect the statutory amendments to chapter 386 and section 561.695, Florida Statutes, as amended by chapter 2019-14, Laws of Florida.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Alcoholic Beverages and Tobacco

RULE NO.:RULE TITLE:

61A-7.001Definitions

PURPOSE AND EFFECT: To update the rule language to reflect the statutory amendments to chapter 386 and section 561.695, Florida Statutes, as amended by chapter 2019-14, Laws of Florida.

SUMMARY: Chapter 2019-14, Laws of Florida, amends chapter 386 and section 561.695, Florida Statutes, by adding a prohibition on indoor vaping. The updated rule will reflect the statutory changes.

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: 386.2125, 561.11, 561.695(3), 561.695(8) FS.

LAW IMPLEMENTED: 386.203(5), 386.203(12), 561.695(3) 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: Rebecca Hays, Counsel for Compliance and Regulatory Programs, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61A-7.001 Definitions.

The basic terms utilized in this rule are defined as follows:

(1) “Customary bar snack” means popcorn and any ready to eat food item, commercially prepared and packaged off the premises, served without additions or preparations, that is not a potentially hazardous food. The definition of potentially hazardous food, provided in subparagraph 1-201.10(B)(61), Food Code, 1999 Recommendations of the United States Public Health Service/Food and Drug Administration, incorporated herein by reference, shall apply to cChapter 61A-7, F.A.C.

(2) “Noncommercial activities” mean social gatherings, which encompass activities in compliance with sSection 849.0931, F.S., meetings, dining, dances and the services performed in furtherance of these activities can only be conducted by members, whether compensated or not.

(3) No change.

(4) No change.

(5) “Stand-alone bar” means those licensed premises defined in sSection 386.203(12)(11), F.S.

(6) “Stand-alone smoking and vaping (ss)” means those licensed premises that operate a business that meets the definition of a stand-alone bar in sSection 386.203(12)(11), F.S., if the only food provided is limited to nonperishable snack food items.

(7) “Stand-alone smoking and vaping with food (ssf)” means those licensed premises that operate a business that meets the definition of a stand-alone bar in sSection 386.203(12)(11), F.S., in which the serving of food is merely incidental, that is the licensed premises may derive no more than ten percent of its gross revenue from the sale of food consumed on the licensed premises.

Rulemaking Authority 386.2125, 561.11, 561.695(3), 561.695(8)(9) F.S. Law Implemented 386.203(5), 386.203(12)(11), (12), 561.695(3), (6) F.S. History–New 6-14-05, Amended_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Sterling Whisenhunt, Director, Division of Alcoholic Beverages and Tobacco, Department of Business and Professional Regulation

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 25, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 9, 2019