To revise and clarify language on a form adopted by reference.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-3.001Sanitation and Safety Requirements

PURPOSE AND EFFECT: To revise and clarify language on a form adopted by reference.

SUMMARY: The proposed rulemaking amends Rule 61C-3.001, F.A.C., to revise form DBPR HR-7033 Proof of Compliance with Miya’s Law Background Screenings.

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, 509.2112, F.S.

LAW IMPLEMENTED: 509.032, 509.211, 509.2112, 509.221, 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; [e-mail]; [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) through (5) No Change.

(6) Proof of Compliance with Miya’s Law Background Screenings.

(a) As provided in Subsection 509.211(5), F.S., each public lodging establishment licensed as a nontransient apartment or transient apartment must require that each hire undergo a background screening as a condition of employment pursuant to s. 83.515, F.S.

(b) Background screening as a condition of employment shall apply only to new hires on or after January 1, 2023 and is not retroactive.

(c) It is the responsibility of each nontransient apartment or transient apartment licensee to verify that the background screening performed meets the minimum requirements pursuant to s. 83.515, F.S.

(d) Each nontransient apartment or transient apartment licensee must complete the DBPR HR-7033 Proof of Compliance with Miya’s Law Background Screenings (http://www.flrules.org/Gateway/reference.asp?No=Ref-_____15134), incorporated herein by reference and effective 2023 July January. Copies of this form are available from the Division of Hotels and Restaurants Internet website at www.MyFloridaLicense.com/dbpr/hr; by e-mail request submitted at www.myfloridalicense.com/contactus; 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, 2601 Blair Stone Road, Tallahassee, Florida 32399-1011.

1. The licensee must keep a copy of the form on the premises of the licensed establishment, readily available for inspection upon request.

2. The form must include a list of applicable employees with the date of hire and should be updated as changes in staff occur.

3. Upon change of ownership, a new form must be completed by the new licensee.

(7) No Change.

Rulemaking Authority 509.032, 509.2112 FS. Law Implemented 509.032, 509.211, 509.2112, 509.221 FS. History–New 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, 3-24-10, 8-10-11, 4-1-13, 11-20-14, 3-6-16, 4-13-23,______.

 

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: 8/14/2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 7/17/2023