The proposed rule reflects changes made to Chapter 509, F.S., by Laws of Florida Chapters 2008-055 and 2009-195. The proposed rule also provides a general update to ensure accurate and consistent requirements and terms throughout the rule and to ...

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants

RULE NO: RULE TITLE
61C-3.001: Sanitation and Safety Requirements
61C-3.002: Consumer Protection Requirements
PURPOSE AND EFFECT: The proposed rule reflects changes made to Chapter 509, F.S., by Laws of Florida Chapters 2008-055 and 2009-195. The proposed rule also provides a general update to ensure accurate and consistent requirements and terms throughout the rule and to improve readability under the plain language initiative.
SUMMARY: The proposed rule addresses changes to Chapter 509, F.S., resulting from Laws of Florida Chapter 2008-055 and 2009-195. The proposed rule also updates specific requirements in the rule for consistency, updates forms incorporated by reference, and provides a general update of the rule language to improve readability and ensure accurate and consistent terms throughout the rule.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have an impact on small business. A SERC has not been prepared 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.
SPECIFIC AUTHORITY: 509.032, 509.2112 FS.
LAW IMPLEMENTED: 509.032, 509.2015, 509.211, 509.2112, 509.221 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michelle Comingore, Operations Review Specialist, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-1011, Telephone: [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

61C-3.001 Sanitation and Safety Requirements.

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

(1) Guest Bathrooms –

(a) Connecting bathrooms shall provide toilets with open-front seats. Guest and private bathrooms shall provide toilets. Guest, private, and connecting bathrooms shall provide lavatories and shower enclosures with hot and cold running water under pressure.

(b) Each transient public lodging establishment shall maintain one public bathroom with a minimum of a toilet, lavatory, and shower enclosure for each sex on every floor for every 15 guests rooming on that floor not having access to private or connecting bathrooms.

(2) Bedding, and linens,etc. – Clean mattresses and bed springs, mattress pads, clean pillows and pillowslips, clean bed sheets, and sufficient clean blankets shall be provided for each sleeping accommodation. Mattress pads, bed sheets, and blankets must be sized appropriately to the mattress or bed size to completely cover the sleeping areas of the mattress. Bed linens must be changed and cleaned between each guest or once weekly, whichever occurs first. Towels must be changed and cleaned daily or between guests, whichever occurs first. Individually wrapped soap must also be provided. Bedroom closets shall be kept clean.

(1)(3) Glassware, tableware, and utensils –

(a) The handling, cleaning, and sanitizing of glassware, tableware, and utensils in public lodging establishments shall be subject to the provisions of Chapter 4, Food Code, as adopted by reference in Rule 61C-1.001, F.A.C. As referenced in this chapter of the Food Code, the term “food establishment” shall apply to all public lodging establishments as defined in Chapter 509, F.S.

(b) Any public lodging establishment existing prior to 7-1-94 which cannot comply with this provision shall post in a conspicuous place a the division placard or sign which clearly states “NOTICE TO GUESTS: Dishware, glassware, kitchenware and/or utensils have been provided in this room as a guest convenience. These items have been cleaned within this room or unit using ordinary household dishwashing facilities and agents. They have not been sanitized according to Federal and State standards for public food service establishments.”, BPR form 22-045, NOTIFICATION OF EXCEPTION TO SANITIZATION REQUIREMENTS, or its equivalent, incorporated herein by reference and effective 9-25-96, in each guest room where such dishware, glassware, kitchenware or utensils are provided. Copies of this form may be obtained from any division office.

(c) Any public lodging establishment initiating new construction or extensive remodeling being extensively remodeled (involving the construction of walls or plumbing fixtures in any area which would permit compliance with any portion of these requirements), shall fully comply with the above requirements.

(2)(4) Kitchen and kitchen equipment – Kitchen appliances and refrigeration equipment shall be kept clean, and free from odors, and in good repair. Refrigerators shall be properly drained. Kitchens shall be ventilated to minimize the occurrence of excessive heat, steam, condensation, vapors, objectionable odors, smoke, and fumes. Kitchens must also have at least 10 foot candles of light, have sufficient and suitable cooking utensils, and have adequate garbage receptacles. A kitchen sink with hot and cold running water under pressure is required.

(5) Furniture, upholstery, etc. – Furniture, upholstery, draperies, shades, venetian doors, blinds, and other provided furnishings in lobbies, lounges, parlors, and bedrooms shall be kept clean, and be renovated or replaced as needed. All rugs and floor coverings must be kept clean and in good condition, free from holes and rips. Non-perforated metal, plastic, or plastic lined wastebaskets shall be provided for all bedrooms.

(6) Linen rooms, service sinks, and closets – Linen rooms, service sinks and closets shall be kept clean, neat and orderly. All linens including towels and bed linens must be stored in such a manner as to protect them from contamination or soilage such as dust, dirt, vermin, sewage or toxic materials. All linens must be stored separately from or above all cleaning products, chemicals, pest control products, maintenance equipment and toxics. Linens may not be stored underneath sewer or plumbing lines. Maintenance and cleaning equipment such as brooms, mops, vacuum cleaners and similar tools shall be stored and maintained in a way that does not contaminate bed linens, towels, single service articles, glassware, or other guest room articles.

(7) Premises – The yards, alleys, driveways, sidewalks, and other exterior portions of the licensed premises shall be kept clean, free of debris, free of objectionable odors, and properly drained, maintained and mowed. All unused and discarded equipment and materials shall be removed from the premises, except when placed in a designated storage area.

(8) Employee areas – Employee locker rooms, rest rooms or quarters and their furnishings shall be kept clean and in good condition.

(3)(9) Ice –

(a) Ice making machines shall utilize water from an approved source pursuant to Chapters 62-550 and 62-555, F.A.C., and shall be constructed, located, installed, operated, and maintained so as to prevent contamination of the ice. Ice obtained from outside the establishment shall be from a source approved under in accordance with the provisions of Chapter 500, F.S. Ice storage bins shall be drained through an air gap according to the provisions of the local building authority having jurisdiction.

(b) Canvas containers shall not be used unless provided with a sanitary single-service liner so as to completely protect the ice from contamination. Ice buckets, and other ice containers and scoops, shall be made of a smooth, nonabsorbent, impervious material; shall be and designed to facilitate cleaning;. They shall be kept clean; and shall be stored and handled in a sanitary manner. Ice buckets and other ice containers must be cleaned and sanitized between each guest or be provided with a sanitary single-service liner which is changed at least daily. Between uses, ice containers used to transfer ice from ice making machines to ice storage bins shall be stored in a way that protects the ice containers and ice-dispensing utensils from contamination.

(c) Ice for consumer use shall be dispensed only with scoops, tongs or other ice-dispensing utensils or through automatic self-service, ice-dispensing equipment. Ice-dispensing utensils shall be made of a smooth, nonabsorbent, impervious material; shall be designed to facilitate cleaning; and shall be kept clean. Ice-dispensing utensils shall be stored on a clean surface, attached to a nonoxidizing chain or tether, and stored inside the ice bin or in the ice with the dispensing utensil’s handle extended out of the ice. Between uses, ice transfer receptacles shall be stored in a way that protects the utensils from contamination. Ice storage bins shall be drained through an air gap in accordance with the provisions of the plumbing authority having jurisdiction.

(4)(10) Locks – An approved locking device for the purposes of Section 509.211, F.S., is a locking device that meets the requirements of National Fire Protection Association 101 (NFPA 101), Life Safety Code, 2006 edition, as adopted by the Division of State Fire Marshal in Rule 69A-3.012, F.A.C., herein adopted by reference. Public lodging establishments as defined in paragraph 61C-1.002(4)(a), F.A.C., shall have at least one approved locking device which cannot be opened by a non-master guest room key which does not include a “sliding chain” or “hook and eye” type device, on all outside and connecting doors which cannot be opened by a non-master guest room key. An approved locking device does not include a “sliding chain” or “hook and eye” type device.

(5)(11) Balcony Inspection –

(a) through (b) No change.

(c) Certification of inspection shall be submitted on DBPR HR-7020 BPR form 22-030, CERTIFICATE OF BALCONY INSPECTION, incorporated herein by reference and effective 2008 July 1. 9-25-96. Copies of this form are available from the Division of Hotels and Restaurants Internet website www.MyFloridaLicense.com/dbpr/hr; by e-mail to [e-mail]; by phone request to the department at [phone]; or upon written request to the Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-1014 may be obtained from any division office.

(d) The certificate shall be received by the division and the applicable local government agency or office shall receive the Certificate of Balcony Inspection from hotels and motels on or before January 1 of every third year and from other public lodging establishments on or before October 1 of every third year.

(e) No change.

(f) Upon change of ownership, the operator shall file a new Certificate of Balcony Inspection certificate of balcony inspection shall be filed.

(12) No change.

Rulemaking Specific Authority 509.032, 509.2112 FS. Law Implemented 509.032, 509.211, 509.2112, 509.221 FS. History– Amended 1-20-63, Revised 2-4-71, Amended 9-19-84, Formerly 7C-3.01, Amended 12-31-90, Formerly 7C-3.001, Amended 3-31-94, 9-25-96, 1-18-98, 8-12-08,________.

 

61C-3.002 Consumer Protection Requirements.

(1) Filing – The rates to be charged for each room in every public lodging establishment shall be filed with the division on BPR form 22-004, ROOM RATE SCHEDULE, incorporated herein by reference and effective 9-25-96, which form shall be provided by the division. Copies of this form may be obtained from any division office. A photocopy of the room rate schedule, stamped with the date it was received by the district, shall be kept available for inspection at all times. Where the number of rooms is 100 or more a supplementary report (such as the housekeeper’s report) may be attached to BPR form 22-004 provided that BPR form 22-004 lists the total number of rooms, is signed, and indicates attachment of the supplemental report. Supplemental reports shall also include:

(a) Every room number in the establishment and the rates charged for each, while also showing both the single and double rate.

(b) The charge for each additional person in room. The charge for the additional persons shall include bedding accommodations.

(c) All additional charges such as telephone surcharge, television, air-conditioning, kitchenettes, safes, etc.

(d) Statement as to whether the rates are daily or weekly.

(2) Posting – The rates and additional charges filed with the division shall be posted in a conspicuous place in each guest room or unit on BPR form 22-018, NOTICE TO GUESTS, incorporated herein by reference and effective 9-25-96, or in a form incorporating the language there on. Copies of this form may be obtained from any division office. Such rates shall be the actual maximum rates charged during any given rate period and shall not be a fictitious rate.

(3) Advertising.

(a) An advertisement or notice, designed to attract public attention or patronage, may not be published or displayed with false or misleading statements about any public lodging establishment. This applies to any type of advertisement including signs, billboards, banners, electronic displays, pamphlets, flyers, coupons, magazines, newspapers or other similar publications and displays.

(b) Signs – The actual rates for public lodging establishments rented by the day or week displayed on any static display or electronic sign or signs visible from a public highway or street shall not exceed the maximum rate schedules posted in each guest unit and filed with the division. At a minimum, any sign or signs as described above, displaying any room rate information shall include:

1. The number of rooms available at each rate;

2. The rate for single occupancy;

3. The extra person charge if, applicable; and

4. The effective dates of such rates, in accordance with Section 509.201, F.S.

(c) No more than 1 percent variance in the size and prominence of letters and figures shall be allowed on signs containing room rate information.

(4) The division shall consider it an unethical business practice for any establishment to engage in, or knowingly permit anyone on the licensed premises to engage in, any illegal, unfair or deceptive act. Such acts include:

(a) imposition Imposition of a charge separate and apart from, or in addition to, the room rate, that is not disclosed in writing to the guest at the time of check-in;

(b) failing The failure to disclose that additional telephone surcharges are being applied which exceed the user-line charges of the local telephone company; or and

(c) depriving When an individual or party is deprived of accommodations at a public lodging establishment after having prepaid reservations for said accommodations. To avoid depriving a guest of a prepaid reservation for accommodations at a public lodging establishment the establishment shall:

1. make Make every effort to find other comparable accommodations; and

2. refund Refund all monies deposited for such reservation whether deposited with the public lodging establishment, or a travel or booking agent.

(5) Resort condominiums, resort dwellings and nontransient apartments are exempt from subsections (1), (2), and (3) of this rule.

Rulemaking Specific Authority 509.032(6) FS. Law Implemented 509.032(1), 509.201(1), (2), 509.2015 FS. History–Amended 4-20-63, Revised 2-4-71, Amended 9-19-84, 6-6-85, Formerly 7C-3.02, Amended 12-31-90, Formerly 7C-3.002, Amended 3-31-94, 9-25-96,_______.

NAME OF PERSON ORIGINATING PROPOSED RULE: Bill L. Veach, Director, Division of Hotels and Restaurants, Department of Business and Professional Regulation
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Charles W. Drago, Secretary, Department of Business and Professional Regulation
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 22, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 18, 2008