To revise seven forms adopted by reference.

 

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 revise seven forms adopted by reference.

SUMMARY: The proposed rulemaking amends Rule 61C-1.002, F.A.C., to revise application options and instructions; remove a supporting document from one application; and update referenced web addresses.

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, F.S.

LAW IMPLEMENTED: 213.0535, 509.032, 509.102, 509.221, 509.241, 509.242, 509.251, 559.79, 509.2112, 509.013, 509.096, 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-1.002 Licensing and Inspection Requirements.

(1) through (2) No change.

(3) 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. Public lodging establishments, except vacation rentals and timeshare projects, required to be licensed by the division, under Chapter 509, F.S., must submit DBPR HR-7027, Application for Public Lodging Establishment License (http://www.flrules.org/Gateway/reference.asp?No=Ref-14782), incorporated herein by reference and effective 2022 August.

2. Vacation rentals and timeshare projects required to be licensed by the division under Chapter 509, F.S., must submit DBPR HR-7028, Application for Vacation Rental or Timeshare Project License (http://www.flrules.org/Gateway/reference.asp?No=Ref-1681112476), incorporated herein by reference and effective 2024 May 2020 December.

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-7035, Application for Fixed Public Food Service Establishment License (http://www.flrules.org/Gateway/reference.asp?No=Ref-1681416469), incorporated herein by reference and effective 2024 May 2023 November.

b. DBPR HR-7030, Application for Fixed Public Food Service Establishment License with Plan Review (http://www.flrules.org/Gateway/reference.asp?No=Ref-1681216467), incorporated herein by reference and effective 2024 May 2023 November.

c. DBPR HR-7036, Application for Mobile Public Food Service Establishment License (http://www.flrules.org/Gateway/reference.asp?No=Ref-1681516470), incorporated herein by reference and effective 2024 May 2023 November.

d. DBPR HR-7031, Application for Mobile Public Food Service Establishment License with Plan Review (http://www.flrules.org/Gateway/reference.asp?No=Ref-1681316468), incorporated herein by reference and effective 2024 May 2023 November.

4. Temporary public food service establishments required to be licensed by the division under Chapter 509, F.S., must complete DBPR HR 5021-029, Temporary Event Vendor Receipt, Application and Inspection (https://www.flrules.org/Gateway/reference.asp?No=Ref-12471), incorporated herein by reference and effective 20120 December. The division will provide a copy of this application at the time of inspection.

(3)(b) through (6)(b) No Change.

(6)(c) Plan Reviews.

1. The operator of each public food service establishment to be newly constructed, remodeled, converted, or reopened after being out of business for more than 18 months shall submit properly prepared facility plans and specifications to the division for review and approval in accordance with the provisions of Chapter 509, F.S. and Rule Chapters 61C-1 and 61C-4, F.A.C. Such plans must be approved by the division as meeting the sanitation and safety requirements provided in law prior to scheduling of an opening inspection and licensing. The operator of each public food service establishment to be renovated or remodeled shall submit updated facility plans and specifications to the division indicating any changes to the establishment for review and approval in accordance with the provisions of Chapter 509, F.S., and Rule Chapters 61C-1 and 61C-4, F.A.C. Such plans must be approved by the division as meeting the sanitation and safety requirements provided in law prior to renovating or remodeling. The terms renovate and remodel include adding new equipment, removing existing equipment, or moving equipment from its previously approved location. For renovating or remodeling, plan review submittal is not required if the division can otherwise determine that the intended remodeling will not have an impact on any sanitation and safety requirements provided in law or rule. Plan review is not required for applications for change of ownership when no interruption in operation or no change to the establishment occurs. Plan reviews for additional theme park food carts are not required if such units have been previously reviewed and approved and have no modifications from the originally approved model.

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 for permanent seating, permanent nonseating, culinary education programs, caterers, vending machines and theme park carts must be submitted by the owner, prospective operator or their designated representative along with DBPR HR-7005, Plan Review for Fixed Public Food Service Establishment (http://www.flrules.org/Gateway/reference.asp?No=Ref-1680916465), incorporated by reference herein and effective 2024 May 2023 November, or DBPR HR-7030, Application for Fixed Public Food Service Establishment License with Plan Review. Plans and specifications for mobile food dispensing vehicles and temporary commercial kitchens must be submitted by the owner, prospective operator or their designated representative along with DBPR HR-7006, Plan Review for Mobile Public Food Service Establishment (http://www.flrules.org/Gateway/reference.asp?No=Ref-1681016466), incorporated herein by reference and effective 2024 May 2023 November, or DBPR HR-7031, Application for Mobile Public Food Service Establishment License with Plan Review.

(6)(d) No Change.

(7) through (10) No Change.

Rulemaking Authority 509.032, 509.241, 509.2112, FS. Law Implemented 213.0535, 509.032, 509.102, 509.221, 509.241, 509.242, 509.251, 559.79, 509.2112, 509.013, 509.096, FS. History-New 1-20-63, Amended 9-19-63, 5-20-64, 2-23-66, 8-9-68, 2-4-71, 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, 7-16-17, 9-2-18, 2-18-21, 11-28-21, 12-5-22, 6-25-23, 5-5-24, _____.

 

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: 6/26/2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 7/03/2024