To establish license fees in regards to the implementation of Chapter 2023-48, Laws of Florida.  

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    DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

    Division of Hotels and Restaurants

    RULE NO.:RULE TITLE:

    61C-1.008License Fees

    PURPOSE AND EFFECT: To establish license fees in regards to the implementation of Chapter 2023-48, Laws of Florida.

    SUMMARY: The proposed rulemaking amends Rule 61C-1.008, F.A.C., to clarify existing license fee charts and to establish a fee schedule for temporary commercial kitchens.

    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, 509.251, F.S.

    LAW IMPLEMENTED: 509.013, 509.032, 509.102, 509.251, 509.302, 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; DHR.Rules@myfloridalicense.com; 850.717.1290.

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    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, vacation rentals and timeshare projects.

    NUMBER OF UNITS

    BASIC FEE

    INCREMENTAL UNIT FEE

    HEP FEE

    TOTAL FEE

    1 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) Transient apartments.

    NUMBER OF UNITS

    BASIC FEE

    INCREMENTAL UNIT FEE

    HEP FEE

    TOTAL FEE

    1 SINGLE UNIT

    $125

    $10

    $10

    $145

    2-25

    $125

    $20

    $10

    $155

    26-50

    $125

    $35

    $10

    $170

    51-100

    $125

    $50

    $10

    $185

    101-200

    $125

    $75

    $10

    $210

    201-300

    $125

    $105

    $10

    $240

    301-400

    $125

    $135

    $10

    $270

    401-500

    $125

    $160

    $10

    $295

    OVER 500

    $125

    $190

    $10

    $325

     

    (c) Vacation rentals and timeshare projects.

    1. Vacation rentals may be classified as a condominium or dwelling. Vacation rental and timeshare project licenses may be issued 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., 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

    PER 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

    1 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) Non-transient apartments.

    NUMBER OF UNITS

    BASIC FEE

    INCREMENTAL UNIT FEE

    HEP FEE

    TOTAL FEE

    4 OR LESS

    0

    0

    0

    0

    5-25

    $95

    $20

    $10

    $125

    26-50

    $95

    $35

    $10

    $140

    51-100

    $95

    $50

    $10

    $155

    101-200

    $95

    $75

    $10

    $180

    201-300

    $95

    $105

    $10

    $210

    301-400

    $95

    $135

    $10

    $240

    401-500

    $95

    $160

    $10

    $265

    OVER 500

    $95

    $190

    $10

    $295

     

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

    (a) Nonseating:

    1. Permanent, Mobile Food Dispensing Vehicle, Temporary Commercial Kitchen, Catering and Culinary Education Programs.

    License Type

    BASIC FEE

    SERVICE TYPE FEE

    EPIDEMIOLOGICAL FEE

    HEP FEE

    TOTAL FEE

    Permanent

    $220

    $0

    $12

    $10

    $242

    Mobile Food Dispensing Vehicle

    $185

    $135

    $17

    $10

    $347

    Temporary Commercial Kitchen

    $185

    $135

    $17

    $10

    $347

    Catering

    $185

    $55

    $13

    $10

    $263

    Culinary Education Program

    $220

    $0

    $12

    $10

    $242

     

    2.  Temporary Public Food Service Establishment or Vendor.

    EVENT DURATION

    BASIC FEE

    EPIDEMIOLOGICAL FEE

    HEP FEE

    TOTAL FEE

    Temporary Public Food Service

    Establishments

    and Vendors

     

    1-3 day events

     

    4 through 30-day events

     

    Annual vendor

     

     

     

     

    $77

     

    $90

     

    $425

     

     

     

     

    $4

     

    $5

     

    $21

     

     

     

     

    $10

     

    $10

     

    $10

     

     

     

     

    $91

     

    $105

     

    $456

    1-3 day events

    $77

    $4

    $10

    $91

    4 through 30-day events

    $90

    $5

    $10

    $105

    Annual vendor

    $425

    $21

    $10

    $456

    Vending Machine

    $10

    $1

    $10

    $21

     

    3.  Vending Machine.

    LICENSE TYPE

    BASIC FEE

    EPIDEMIOLOGICAL FEE

    HEP FEE

    TOTAL FEE

    Vending Machine

    $10

    $1

    $10

    $21

     

    4.3. Theme Park Food Carts.

    NO. OF CARTS

    BASIC FEE

    CAPACITY FEE

    EPIDEMIOLOGICAL FEE

    HEP FEE

    TOTAL FEE

    1-5

    $185

    $55

    $12

    $10

    $262

    6-10

    $185

    $65

    $13

    $10

    $273

    11-15

    $185

    $85

    $14

    $10

    $294

    16-20

    $185

    $105

    $15

    $10

    $315

    21-25

    $185

    $125

    $16

    $10

    $336

    26 or more

    $185

    $145

    $17

    $10

    $357

     

    (b) Seating:

    NO. OF SEATS

    BASIC FEE

    CAPACITY FEE

    EPIDEMIOLOGICAL FEE

    HEP FEE

    TOTAL FEE

    1-49

    $185

    $55

    $12

    $10

    $262

    50-149

    $185

    $65

    $13

    $10

    $273

    150-249

    $185

    $85

    $14

    $10

    $294

    250-349

    $185

    $105

    $15

    $10

    $315

    350-499

    $185

    $125

    $16

    $10

    $336

    500 or more

    $185

    $145

    $17

    $10

    $357

     

    (c) Variance review process fees shall be $0.

    (5) No change.

    Rulemaking Authority 509.032, 509.251 FS. Law Implemented 509.013, 509.032, 509.102, 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, 11-20-14, 12-28-15, 7-11-16, 5-16-17, ______.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Steven von Bodungen, Director, Division of Hotels and Restaurants, Department of Business and Professional Regulation.

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Melanie S. Griffin, Secretary, Department of Business and Professional Regulation.

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 6/28/2023

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 6/05/2023

Document Information

Comments Open:
7/6/2023
Summary:
The proposed rulemaking amends Rule 61C-1.008, F.A.C., to clarify existing license fee charts and to establish a fee schedule for temporary commercial kitchens.
Purpose:
To establish license fees in regards to the implementation of Chapter 2023-48, Laws of Florida.
Rulemaking Authority:
509.032, 509.251, F.S.
Law:
509.013, 509.032, 509.102, 509.251, 509.302, F.S.
Related Rules: (1)
61C-1.008. License Fees