To establish license fees in regards to the implementation of Chapter 2023-48, Laws of Florida.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-1.008License Fees

PURPOSE AND EFFECT: To establish license fees in regards to the implementation of Chapter 2023-48, Laws of Florida.

SUMMARY: The proposed rulemaking amends Rule 61C-1.008, F.A.C., to clarify existing license fee charts and to establish a fee schedule for temporary commercial kitchens.

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, 509.251, F.S.

LAW IMPLEMENTED: 509.013, 509.032, 509.102, 509.251, 509.302, 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]; 850.717.1290.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61C-1.008 License Fees.

(1) through (2) No change.

(3) Amount of License Fee – Public Lodging Establishment. The license fee to conduct a public lodging establishment shall be in accordance with the following schedule exclusive of the categories of fee adjustments set forth in subsections 61C-1.008(1), (2) and (5), F.A.C.:

(a) Transient lodging/excluding transient apartments, vacation rentals and timeshare projects.

NUMBER OF UNITS	BASIC FEE	INCREMENTAL UNIT FEE	HEP FEE	TOTAL FEE
1 SINGLE UNIT	$170	$10	$10	$190
2-25	$170	$20	$10	$200
26-50	$170	$35	$10	$215
51-100	$170	$50	$10	$230
101-200	$170	$75	$10	$255
201-300	$170	$105	$10	$285
301-400	$170	$135	$10	$315
401-500	$170	$160	$10	$340
OVER 500	$170	$190	$10	$370

 

(b) Transient apartments.

NUMBER OF UNITS	BASIC FEE	INCREMENTAL UNIT FEE	HEP FEE	TOTAL FEE
1 SINGLE UNIT	$125	$10	$10	$145
2-25	$125	$20	$10	$155
26-50	$125	$35	$10	$170
51-100	$125	$50	$10	$185
101-200	$125	$75	$10	$210
201-300	$125	$105	$10	$240
301-400	$125	$135	$10	$270
401-500	$125	$160	$10	$295
OVER 500	$125	$190	$10	$325

 

(c) Vacation rentals and timeshare projects.

1. Vacation rentals may be classified as a condominium or dwelling. Vacation rental and timeshare project licenses may be issued as either single, or collective or group, as defined in Rule 61C-1.002, F.A.C.

2. Fees for renewal shall be based on the number of existing units under license at the time of the renewal period. Unless timely notification of additions or deletions of units in a group or collective license is given to the division, as set forth in sub-subparagraph 61C-1.002(4)(a)2.b., F.A.C., the fee for renewal shall be based upon the number of units under license when the license was either issued or last renewed, whichever is most recent.

3.a. Vacation rentals and timeshare projects/collective license.

	PER
BASIC FEE	PER UNIT FEE	HEP FEE	TOTAL FEE
$150	$10	$10	VARIES

 

b. Vacation rentals and timeshare projects/group and single license.

NUMBER OF UNITS	BASIC FEE	INCREMENTAL UNIT FEE	HEP FEE	TOTAL FEE
1 SINGLE UNIT	$150	$10	$10	$170
2-25	$150	$20	$10	$180
26-50	$150	$35	$10	$195
51-100	$150	$50	$10	$210
101-200	$150	$75	$10	$235
201-300	$150	$105	$10	$265
301-400	$150	$135	$10	$295
401-500	$150	$160	$10	$320
OVER 500	$150	$190	$10	$350

 

(d) Non-transient apartments.

NUMBER OF UNITS	BASIC FEE	INCREMENTAL UNIT FEE	HEP FEE	TOTAL FEE
4 OR LESS	0	0	0	0
5-25	$95	$20	$10	$125
26-50	$95	$35	$10	$140
51-100	$95	$50	$10	$155
101-200	$95	$75	$10	$180
201-300	$95	$105	$10	$210
301-400	$95	$135	$10	$240
401-500	$95	$160	$10	$265
OVER 500	$95	$190	$10	$295

 

(4) Amount of License Fee – Public Food Service Establishment. The license fee for a public food service establishment shall be in accordance with the following schedule exclusive of the categories of fee adjustments set forth in subsections 61C-1.008(1), (2) and (5), F.A.C.:

(a) Nonseating:

1. Permanent, Mobile Food Dispensing Vehicle, Temporary Commercial Kitchen, Catering and Culinary Education Programs.

License Type	BASIC FEE	SERVICE TYPE FEE	EPIDEMIOLOGICAL FEE	HEP FEE	TOTAL FEE
Permanent	$220	$0	$12	$10	$242
Mobile Food Dispensing Vehicle	$185	$135	$17	$10	$347
Temporary Commercial Kitchen	$185	$135	$17	$10	$347
Catering	$185	$55	$13	$10	$263
Culinary Education Program	$220	$0	$12	$10	$242

 

2.  Temporary Public Food Service Establishment or Vendor.

EVENT DURATION	BASIC FEE	EPIDEMIOLOGICAL FEE	HEP FEE	TOTAL FEE
Temporary Public Food Service Establishments and Vendors   1-3 day events   4 through 30-day events   Annual vendor	$77   $90   $425	$4   $5   $21	$10   $10   $10	$91   $105   $456
1-3 day events	$77	$4	$10	$91
4 through 30-day events	$90	$5	$10	$105
Annual vendor	$425	$21	$10	$456
Vending Machine	$10	$1	$10	$21

 

3.  Vending Machine.

LICENSE TYPE	BASIC FEE	EPIDEMIOLOGICAL FEE	HEP FEE	TOTAL FEE
Vending Machine	$10	$1	$10	$21

 

4.3. Theme Park Food Carts.

NO. OF CARTS	BASIC FEE	CAPACITY FEE	EPIDEMIOLOGICAL FEE	HEP FEE	TOTAL FEE
1-5	$185	$55	$12	$10	$262
6-10	$185	$65	$13	$10	$273
11-15	$185	$85	$14	$10	$294
16-20	$185	$105	$15	$10	$315
21-25	$185	$125	$16	$10	$336
26 or more	$185	$145	$17	$10	$357

 

(b) Seating:

NO. OF SEATS	BASIC FEE	CAPACITY FEE	EPIDEMIOLOGICAL FEE	HEP FEE	TOTAL FEE
1-49	$185	$55	$12	$10	$262
50-149	$185	$65	$13	$10	$273
150-249	$185	$85	$14	$10	$294
250-349	$185	$105	$15	$10	$315
350-499	$185	$125	$16	$10	$336
500 or more	$185	$145	$17	$10	$357

 

(c) Variance review process fees shall be $0.

(5) No change.

Rulemaking Authority 509.032, 509.251 FS. Law Implemented 509.013, 509.032, 509.102, 509.251, 509.302, FS. History–New 7-31-79, Revised 9-1-80, Formerly 7C-1.08, Amended 5-10-89, 9-10-89, 10-31-89, 4-3-90, 12-31-90, 9-11-91, 2-27-92, 7-6-92, 8-23-92, 11-4-92, 4-4-93, Formerly 7C-1.008, Amended 9-20-93, 12-22-93, 6-29-95, 10-9-95, 9-25-96, 5-11-98, 9-21-00, 9-9-03, 1-18-12, 11-1-12, 2-1-14, 11-20-14, 12-28-15, 7-11-16, 5-16-17, ______.

 

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

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 6/28/2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 6/05/2023