To clarify the guidelines by making all of the guidelines use the correct terminology.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-1.005Disciplinary Guidelines

PURPOSE AND EFFECT: To clarify the guidelines by making all of the guidelines use the correct terminology.

SUMMARY: The proposed rule will amend the guidelines which just read 3rd offense to read 3rd and any subsequent offenses. This will make all of the guidelines use the correct terminology.

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.

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: 455.2273, 509.032 FS.

LAW IMPLEMENTED: 213.50(3), 386.207, 500.451, 509.032, 509.092, 509.215(5) 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: Cindy Ross, 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-1.005 Disciplinary Guidelines.

(1) through (5) No change.

(6) Standard penalties. This section specifies the penalties routinely imposed against licensees and applies to all violations of law subject to a penalty under Chapter 509, F.S.

(a) No change.

(b) Intermediate violation.

1. 1st offense – Administrative fine of $200 to $400.

2. 2nd offense – Administrative fine of $375 to $750.

3. 3rd and any subsequent offense – Administrative fine of $550 to $1,000, license suspension, or both.

(c) through (h) No change.

(i) Failure to comply with the requirements of a disciplinary Final Order.

1. 1st offense – Administrative fine of $500 and license suspension.

2. 2nd offense – Administrative fine of $1,000 and license suspension.

3. 3rd and any subsequent offense – License revocation.

(j) Finding by the Florida Commission on Human Relations resulting in a violation of Section 509.092, F.S.

1. 1st offense – Administrative fine of $200 to $400.

2. 2nd offense – Administrative fine of $375 to $750 and license suspension.

3. 3rd and any subsequent offense – License revocation.

(k) No change.

(l) Finding of an agency having jurisdiction resulting in a violation of Section 509.261(5)(b), F.S.

1. 1st offense – Administrative fine of $200 to $400.

2. 2nd offense – Administrative fine of $375 to $750 and license suspension.

3. 3rd and any subsequent offense – License revocation.

(m) Being adjudicated guilty of or having forfeited a bond when charged with any of the items listed in Section 509.261(6)(a), F.S.

1. 1st offense – Administrative fine of $200 to $400.

2. 2nd offense – Administrative fine of $375 to $750 and license suspension.

3. 3rd and any subsequent offense – License revocation.

(n) Operating a public lodging establishment or public food service establishment that has been deemed an imminent danger to the public health and safety by the division or local health authority for failure to meet sanitation standards or the premises have been determined by the division or local authority to be unsafe or unfit for human occupancy.

1. 1st offense – Administrative fine of $200 to $400.

2. 2nd offense – Administrative fine of $375 to $750 and license suspension.

3. 3rd and any subsequent offense – License revocation.

(o) Any violation requiring an Order of Emergency Suspension of License and Closure, as authorized by Chapter 509, F.S.

1. 1st offense – Administrative fine of $500.

2. 2nd offense – Administrative fine of $1,000, license suspension, or both.

3. 3rd and any subsequent offense – Administrative fine of $1,000, license suspension, or license revocation or any combination thereof.

(p) through (r) No change.

(7) through (10) No change.

Rulemaking Authority 455.2273, 509.032 FS. Law Implemented 213.50(3), 386.207, 500.451, 509.032, 509.092, 509.215(5), 509.261, 509.281, 509.292 FS. History–New 6-28-09, Amended 12-28-09, 1-1-13, 5-31-15,              .

NAME OF PERSON ORIGINATING PROPOSED RULE: Rick Akin, 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: November 21, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 8, 2016