The purpose and effect of the proposed rule development is to reduce the fee charged to process a variance request to zero; to repeal language that duplicates statutory requirements as identified in the rule review completed under Executive Order 11-...

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants

RULE NO.: RULE TITLE:
61C-1.008: License Fees
PURPOSE AND EFFECT: The purpose and effect of the proposed rule development is to reduce the fee charged to process a variance request to zero; to repeal language that duplicates statutory requirements as identified in the rule review completed under Executive Order 11-01; and to change resort license classifications to vacation rentals, as renamed by Chapter 2011-119, Laws of Florida.
SUBJECT AREA TO BE ADDRESSED: The proposed rule development will address the amount charged to process a request for a variance from the Division of Hotels and Restaurants rules and the name of the classification for transient lodging establishments previously classified as resort dwellings and resort condominiums. The proposed rule development also addresses statutory duplication relating to when license fees must be paid.
RULEMAKING AUTHORITY: 509.032, 509.251 FS.
LAW IMPLEMENTED: 509.013, 509.032, 509.251, 509.302 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Michelle Comingore, Operations Review Specialist, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-1012, Telephone: [phone], E-Mail: [e-mail]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

61C-1.008 License Fees.

(1) No change.

(2) The license fee shall be paid to the division before a license is issued, and the license fee to be charged shall be determined according to the licensing fee schedule in effect at the time an application for a license is received by the division.

(2)(3) Fractional License Fees. The licensing fee schedule shall require an establishment which applies for an initial license to pay the full license fee, if application is made during the annual renewal period or more than 6 months prior to the next such renewal period, and one-half of the fee if application is made 6 months or less prior to such period.

(3)(4) 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) and (3), F.A.C.:

(a) TRANSIENT LODGING/EXCLUDING TRANSIENT APARTMENTS AND VACATION RENTALS RESORT CONDOMINIUMS AND DWELLINGS.

 

NUMBER OF UNITS	BASIC FEE	INCREMENTAL UNIT FEE	HEP FEE	TOTAL FEE
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) No change.

(c) VACATION RENTALS RESORT CONDOMINIUMS AND RESORT DWELLINGS.

1. Vacation rentals may be classified as a Resort condominium or and resort dwelling and licenses may be classified 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)(c)5.c., 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 RESORT CONDOMINIUMS AND DWELLINGS/COLLECTIVE LICENSE.

 

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

 

b. VACATION RENTALS RESORT CONDOMINIUMS AND DWELLINGS /GROUP AND SINGLE LICENSE.

 

NUMBER OF UNITS	BASIC FEE	INCREMENTAL UNIT FEE	HEP FEE	TOTAL FEE
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) through (e) No change.

(4)(5) 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) and (3), F.A.C.:

(a) through (b) No change.

(c) Plan review fees shall be $150; variance review process fees shall be $0.:

1. Routine – $150; and

2. Emergency – $300.

(5)(6) Delinquency Fees. A license renewal filed with the division within 30 days after the expiration date shall be accompanied by a delinquency fee of $50 in addition to the renewal fee and any other fees required by law or rule. A license renewal filed with the division more than 30 but not more than 60 days after the expiration date shall be accompanied by a delinquency fee of $100 in addition to the renewal fee and any other fees required by law or rule.

Rulemaking Specific Authority 509.032(6), 509.251 FS. Law Implemented 509.013, 509.032(2)(e), 509.032(3)(c), 509.251, 509.302(3) 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,________.