The purpose of this rulemaking is to create Rule 61C-3.0003 and provide definitions.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-3.0003Definitions

PURPOSE AND EFFECT: The purpose of this rulemaking is to create Rule 61C-3.0003 and provide definitions.

SUMMARY: The proposed rulemaking creates Rule 61C-3.0003, F.A.C., to provide definitions and clarify statutory language at s. 509.096 and ss. 509.211(5), F.S.

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, F.S.

LAW IMPLEMENTED: 509.096, 509.211(5), 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, Sr. Management Analyst II, Division of Hotels & Restaurants, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida, 32399, [e-mail], [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61C-3.0003 Definitions.

(1) As referenced in Sections 509.096(1) and 509.211(5), F.S., the term “employee” means a person who is directly employed by a public lodging establishment and works at the licensed premises. The term excludes independent contractors and persons employed by a temporary staffing agency or employee leasing company.

(2) As referenced in Section 509.211(5), F.S., the term “key” means anything that is provided to a tenant or guest for the specific purpose of locking or unlocking a tenant unit door or guest room door.

Rulemaking Authority 509.032 FS. Law Implemented 509.096, 509.211(5) FS. History–New            .

 

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: September 01, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 27, 2022.