To implement sections 1-6 of chapter 2014-133, Laws of Florida, by incorporating the new “timeshare project” public lodging establishment license classification into the rules that currently apply to vacation rentals and adopt updated forms.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NOS.:RULE TITLES:

61C-1.002Licensing and Inspection Requirements

61C-1.004General Sanitation and Safety Requirements

61C-1.008License Fees

PURPOSE AND EFFECT: To implement sections 1-6 of chapter 2014-133, Laws of Florida, by incorporating the new “timeshare project” public lodging establishment license classification into the rules that currently apply to vacation rentals and adopt updated forms.

SUMMARY: The proposed rule adds timeshare project licenses to the application requirements, licensing classifications, operator responsibilities, specified sanitation and safety exemptions, and the license fee schedule, and adopts updated applications for vacation rental, timeshare project, and food service licenses.

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, 509.251 FS.

LAW IMPLEMENTED: 213.0535, 509.013, 509.032, 509.215, 509.221, 509.241, 509.242, 509.251, 509.302, 559.79 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: Michelle Comingore, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, 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. 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 (https://www.flrules.org/Gateway/reference.asp?No=Ref-01712), incorporated herein by reference and effective November 1, 2012.

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 (https://www.flrules.org/Gateway/reference.asp?No=Ref-04589 https://www.flrules.org/Gateway/reference.asp?

No=Ref-01871), incorporated herein by reference and effective July 1, 2014 2012 October 1.

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 (https://www.flrules.org/Gateway/reference.asp?No=Ref-04590 http://www.flrules.org/Gateway/reference.asp?No=Ref-02629), incorporated herein by reference and effective May 30, 2014 November 1, 2012.

b. through c. No change.

4. No change.

(b) through (c) No change.

(3) Upon the division determining that each new application for license or application for change of ownership is complete, the establishment shall pass an opening inspection by the division prior to issuance of the license. An opening inspection shall not be required for vacation rentals, timeshare projects, or vending machines. An opening inspection shall not be required for a change of ownership for public food service establishments that do not require a plan review if within 120 days prior to the postmark date on the application the establishment had a satisfactory inspection that did not result in administrative action or require a call-back inspection.

(4) Public lodging establishments as defined in Section 509.013(4), F.S., are licensed in accordance with the classifications in Section 509.242, F.S., and:

(a) Transient establishments – are licensed as hotels, motels, transient apartments, bed and breakfast inns, and vacation rentals, and timeshare projects.

1. Vacation rentals are further classified as condominiums or dwellings. A vacation rental condominium license will be issued for a unit or group of units in a condominium or, cooperative, or timeshare plan. A vacation rental dwelling license will be issued for a single-family house, a townhouse, or a unit or group of units in a duplex, triplex, quadruplex, or other dwelling unit that has four or less units collectively.

1. Vacation rental and timeshare project licenses will be issued as a single, group, or collective license pursuant to Section 509.251, F.S., to either an individual person or to a licensed agent. For the purpose of this rule, “licensed agent” means the operator of a management company that has been licensed by the dwelling or unit owner, through a rental agreement or contract between the two parties, to hold out the dwelling or unit for rent on a transient basis. A licensed agent is not required to hold a license from the Division of Real Estate.

a. through c. No change.

2. Responsibilities of the Vacation Rental and Timeshare Project Licensees Licensee.

a. No change.

b. The licensee or operator shall notify the division of any and all houses or units represented for inclusion in the vacation rental license application. Anytime a change occurs in the street or unit address or number of houses or units included under the license, the licensee or operator shall notify the division of any and all houses or units included in the license at least 60 days prior to the expiration date of the license. In addition, a list of the included houses or units shall be maintained in a written form for inspection by request.

c. through e. No change.

(b) No change.

(c) For all public lodging establishments, except vacation rentals and timeshare projects, the operator is required to notify the division immediately of any changes in the number of rental units.

(5) through (9) No change.

Rulemaking Authority 509.032, 509.241 FS. Law Implemented 213.0535, 509.032, 509.221, 509.241, 509.242, 509.251, 559.79 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,__________.

 

61C-1.004 General Sanitation and Safety Requirements.

The following general requirements and standards shall be met by all public lodging and public food service establishments.

(1) No change.

(2) Bathrooms.

(a) through (d) No change.

(e) Nontransient establishments, and vacation rentals, and timeshare projects are exempt from the provisions of this subsection.

(3) through (9) No change.

(10) Heating and ventilation – The heating and ventilation system shall be kept in good repair or be installed to maintain a minimum of 68 degrees Fahrenheit throughout the building. The insurance inspector’s boiler report is required annually for power boilers and high pressure/high temperature boilers and biannually for low pressure steam or vapor heating boilers and shall be posted in the boiler room. The provisions of this section do not apply to the common areas of timeshare projects or of vacation rentals classified as condominiums.

Rulemaking Authority 509.032 FS. Law Implemented 509.032, 509.215, 509.221 FS. History–Amended 2-20-64, 7-14-67, 2-8-69, Revised 2-4-71, Amended 2-17-73, Repromulgated 12-18-74, Amended 9-19-84, Formerly 7C-1.04, Amended 12-31-90, 2-11-92, 2-27-92, 6-15-92, Formerly 7C-1.004, Amended 3-31-94, 10-9-95, 9-25-96, 5-11-98, 7-2-98, 2-24-08, 8-12-08, 4-18-12,__________.

 

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, AND VACATION RENTALS AND TIMESHARE PROJECTS.

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 AND TIMESHARE PROJECTS.

1. Vacation rentals may be classified as a condominium or dwelling.  Vacation rental and timeshare project and licenses may be issued 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)(a)2.b. 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 AND TIMESHARE PROJECTS/COLLECTIVE LICENSE.

	PER
BASIC FEE	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
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) No change.

(4) through (5) No change.

Rulemaking Authority 509.032, 509.251 FS. Law Implemented 509.013, 509.032, 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,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Diann Worzalla, Director, Division of Hotels and Restaurants, Department of Business and Professional Regulation

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 21, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 23, 2014