The proposed rule development will update the rule to reflect changes made to Chapter 509, F.S., by Laws of Florida, Chapter 2008-055 and Laws of Florida Chapter 2011-119. The proposed rule will also update licensing requirements and forms ...

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants

RULE NO.: RULE TITLE:
61C-1.002: Licensing and Inspection Requirements
PURPOSE AND EFFECT: The proposed rule development will update the rule to reflect changes made to Chapter 509, F.S., by Laws of Florida, Chapter 2008-055 and Laws of Florida Chapter 2011-119. The proposed rule will also update licensing requirements and forms incorporated by reference, and include plain language changes.
SUBJECT AREA TO BE ADDRESSED: The proposed rule development addresses the licensing, plan review, and inspection forms, process and requirements; changes resort license classifications to vacation rental; removes fire safety and bathroom requirements to conform to changes to the division’s authority; and removes variance procedures to allow the division to use the variance procedures in Chapter 120, Florida Statutes.
RULEMAKING AUTHORITY: 509.032, 509.241 FS.
LAW IMPLEMENTED: 213.0535, 509.032, 509.221, 509.241, 509.251, 559.79 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Michelle Comingore, Operations Review Specialist, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-1012, Telephone: [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

61C-1.002 Licensing and Inspection Requirements.

(1) No change.

(2) To apply for licensure, an applicant must submit the appropriate application and tThe required fee, pursuant to Section 509.251, F.S., and Rule 61C-1.008, F.A.C., to the division shall accompany the application, which is BPR form 21-020, APPLICATION FOR LICENSE, incorporated herein by reference and effective 9-25-96. Copies of this form may be obtained from any division office. Any license fee received by the division is non-refundable once the establishment commences operation.

(a) License Applications.

1. Public lodging establishments required to be licensed by the division, under Chapter 509, F.S., must submit DBPR HR-7027, APPLICATION FOR PUBLIC LODGING ESTABLISHMENT LICENSE (https://www.flrules.org/Gateway/reference.asp?No=Ref-00921), incorporated herein by reference and effective 2011 August 22. Instructions for filling out DBPR HR-7027 are provided in DBPR HR-7027i, INSTRUCTIONS FOR COMPLETING DBPR HR-7027 APPLICATION FOR PUBLIC LODGING ESTABLISHMENT LICENSE (https://www.flrules.org/Gateway/reference.asp?No=Ref-00922), incorporated herein by reference and effective 2011 August 22.

2. Vacation rentals required to be licensed by the division under Chapter 509, F.S., must submit DBPR HR-7028, APPLICATION FOR VACATION RENTAL LICENSE (https://www.flrules.org/Gateway/reference.asp?No=Ref-00923), incorporated herein by reference and effective 2011 August 22. Instructions for filling out DBPR HR-7028 are provided in DBPR HR-7028i, INSTRUCTIONS FOR COMPLETING DBPR HR-7028 APPLICATION FOR VACATION RENTAL LICENSE (https://www.flrules.org/Gateway/reference.asp?No=Ref-00924), incorporated herein by reference and effective 2011 August 22.

3. Public food service establishments required to be licensed by the division under Chapter 509, F.S., must submit one of the following applications, as appropriate to the establishment.

a. DBPR HR-7007, APPLICATION FOR PUBLIC FOOD SERVICE ESTABLISHMENT LICENSE (https://www.flrules.org/Gateway/reference.asp?No=Ref-00925), incorporated herein by reference and effective 2011 August 22. Instructions for filling out DBPR HR-7007 are provided in DBPR HR-7007i, INSTRUCTIONS FOR COMPLETING DBPR HR-7007 APPLICATION FOR PUBLIC FOOD SERVICE ESTABLISHMENT LICENSE (https://www.flrules.org/Gateway/reference.asp?No=Ref-00926), incorporated herein by reference and effective 2011 August 22.

b. DBPR HR-7030, APPLICATION FOR PUBLIC FOOD SERVICE ESTABLISHMENT LICENSE WITH PLAN REVIEW (https://www.flrules.org/Gateway/reference.asp?No=Ref-00927), incorporated herein by reference and effective 2011 August 22. Instructions for filling out DBPR HR-7030 are provided in DBPR HR-7030i, INSTRUCTIONS FOR COMPLETING DBPR HR-7030 APPLICATION FOR PUBLIC FOOD SERVICE ESTABLISHMENT LICENSE WITH PLAN REVIEW (https://www.flrules.org/Gateway/reference.asp?No=Ref-00928), incorporated herein by reference and effective 2011 August 22.

c. DBPR HR-7031, APPLICATION FOR MOBILE FOOD DISPENSING VEHICLE LICENSE WITH PLAN REVIEW (https://www.flrules.org/Gateway/reference.asp?No=Ref-00929), incorporated herein by reference and effective 2011 August 22. Instructions for filling out DBPR HR-7031 are provided in DBPR HR-7031i, INSTRUCTIONS FOR COMPLETING DBPR HR-7031 APPLICATION FOR MOBILE FOOD DISPENSING VEHICLE LICENSE WITH PLAN REVIEW (https://www.flrules.org/Gateway/reference.asp?No=Ref-00930), incorporated herein by reference and effective 2011 August 22.

4. Temporary public food service establishments required to be licensed by the division under Chapter 509, F.S., must submit DBPR HR-7029, APPLICATION FOR TEMPORARY EVENT VENDOR LICENSE (https://www.flrules.org/Gateway/reference.asp?No=Ref-00894), incorporated herein by reference and effective 2011 August 22. Instructions for filling out DBPR HR-7029 are provided in DBPR HR-7029i, INSTRUCTIONS FOR COMPLETING DBPR HR-7029 APPLICATION FOR TEMPORARY EVENT VENDOR LICENSE (https://www.flrules.org/Gateway/reference.asp?No=Ref-00894), incorporated herein by reference and effective 2011 August 22. The division will provide the applicant a copy of this application, including instructions, at the time of inspection.

(b)(a) Pursuant to Section 559.79(1), F.S., the application shall require the name, address and social security number of each person who owns 10 percent or more of the outstanding stock or equity interest in the licensed activity and the name, address and social security number of each officer, director, chief executive, or other person who is determined by the division to be able directly or indirectly to control the operation of the business of the licensed entity. The division shall keep the social security number of each person reported on the application shall be kept confidential by the division, except in accordance with Section 559.79(3), F.S., and as provided in law with other governmental agencies.

(c)(b) Pursuant to Section 213.0535, F.S., the application shall require the federal employer identification number and sales tax identification number of the applicant. Such numbers shall be kept confidential by the division except as provided in conjunction with the Registration Information Sharing and Exchange Program and as provided in law with other governmental agencies.

(3) Upon the division determining that each new application for license or application for change of ownership is complete, the establishment shall pass an opening inspection by the division prior to issuance of the license. An opening inspection shall not be required for vacation rentals or vending machines. An opening inspection shall not be required for a change of ownership for public food service establishments that do not require a plan review if within 120 days prior to the postmark date on the application the establishment had a satisfactory inspection that did not result in administrative action or require a call-back inspection.

(4) The criteria for licensing Ppublic lodging establishments as defined in Section 509.013(4), F.S., are licensed shall be in accordance with the following classifications in Section 509.242, F.S., and requirements:

(a) Transient establishments – transient establishments are licensed classified as hotels, motels, transient apartments, and rooming houses, and vacation rentals as defined in Section 509.242, F.S., which are rented or leased to guests by an operator whose intention is that such guests’ occupancy will be temporary.

(b) Nontransient establishments – nontransient establishments are licensed classified as nontransient apartments and rooming houses as defined in Section 509.242, F.S., that have more than four units collectively and that are rented for periods of at least 30 days or 1 calendar month, whichever is less, and that are not advertised or held out to the public as places regularly rented for periods of less than 1 calendar month. Rooming houses do not include any establishment exempted pursuant to Section 509.013(4), F.S.

(c) Vacation rentals are licensed Resort Condominium and Resort Dwelling – each public lodging establishment classified as a resort condominium or resort dwelling and will be issued a as defined in Section 509.242, F.S., shall obtain a single, group or collective license pursuant to Section 509.251, F.S., prior to commencing operation.

1. through 2. No change.

3. A collective license is a license issued by the division to a licensed agent who represents a collective group of rooms or units found on separate complexes of vacation rentals locations of resort condominiums or resort dwellings. A collective license may not be issued for more than 75 units per license and is restricted to counties within one district.

4. For the purposes of this section, the term “dwelling unit” as it relates to the definition of vacation rental resort dwelling in Section 509.242(1)(c) 509.242(1)(g), F.S., includes duplexes, triplexes, quadruplexes and townhouses that have four or less units collectively.

5. Responsibilities of the Licensee.

a. No change.

b. The licensee A licensed agent or operator shall notify the division of any and all condominium units or dwelling houses or units represented for inclusion in the vacation rental license application using BPR form 21-030, LIST FOR COLLECTIVE LICENSE-RESORT CONDOMINIUMS AND RESORT DWELLINGS, incorporated herein by reference and effective 9-25-96, or BPR form 21-031, LIST FOR SINGLE OR GROUP LICENSE-RESORT CONDOMINIUMS AND RESORT DWELLINGS, incorporated herein by reference and effective 9-25-96. Copies of these forms may be obtained from any division office.

c. Anytime a change occurs in the number of condominium units or dwelling houses or units included under the license, the licensee or operator shall notify the division of any and all units or houses included in the license. Notification of additions or deletions of resort dwelling houses or units listed in a collective license or resort condominiums units in a single or group license shall be sent to the division at least 60 days prior to the expiration date of the license. Notification of changes is required only if changes occur. In addition, a list of the included units or houses any such additions or deletions shall be maintained in a written form for inspection by request. The licensed agent or operator shall notify the division by listing the specific street address and unit number on BPR form 21-032, NOTIFICATION OF CHANGE – RESORT CONDOMINIUMS AND RESORT DWELLINGS, incorporated herein by reference and effective 9-25-96. Copies of this form may be obtained from any division office.

c.d. Failure to fulfill any of the responsibilities of the licensee, as set forth in sub-subparagraphs a. and b. c. above, constitutes failure to make the premises available for inspection.

e. If a unit has been removed from a collective or group license, the licensee shall inform the division in writing.

d.f. In the case of a single license, the owner of the unit or dwelling shall be responsible for all violations pursuant to Chapter 509, F.S., and Chapters 61C-1 and 61C-3, F.A.C.

e.g. In the case of a collective license or group license, the licensed agent shall be responsible for all violations pursuant to Chapter 509, F.S., and Chapters 61C-1 and 61C-3, F.A.C., if violations occurred while the unit or dwelling was listed under the licensed agent or as reflected in records filed with the division.

(d) For all public lodging establishments except vacation rentals for resort condominiums and resort dwellings, the operator is required to notify the division immediately of any changes in the number of rental units.

(5) The criteria for licensing Ppublic food service establishments, as defined in Section 509.013(5), F.S., are licensed shall be in accordance with the following classifications and requirements:

(a) Nonseating:

1. No change.

2. Mobile food dispensing vehicle – Mobile food dispensing vehicles are classified as any vehicle mounted public food service establishments which are self-propelled or otherwise movable from place to place and include self-contained are self-sufficient for utilities, such as gas, water, electricity and liquid waste disposal. The It shall be the responsibility of the owner is responsible for acquainting to acquaint all operators with the requirements of all applicable laws and rules. All mobile food dispensing vehicles required to have vehicle identification numbers shall submit this number to the division on the application for license. All mobile food dispensing vehicles required to have a commissary under Rule 61C-4.0161, F.A.C., must submit DBPR HR-7022, COMMISSARY NOTIFICATION, to the division upon application for plan review or application for a license, if plan review is not required.

3. Caterer Catering – Caterers are classified as any public food service establishments where food or drink is prepared for service elsewhere in response to an agreed upon contract for a function or event. The term includes catering kitchens and commissaries. For the purpose of this rule, the The term “caterer” does not include those establishments licensed pursuant to Chapter 500 or 381, F.S., or any other location where food is provided or displayed for sale by the individual meal or which exclusively prepare or serve traditional bakery goods such as cakes, pastries, bagels, or confections. A If a licensed public food service establishment that also provides catering services, it is not required to hold a separate catering license from the division. Caterers must meet all applicable standards of a public food service establishment as provided in Rules 61C-1.004, 61C-4.010 and 61C-4.023, F.A.C. Separate independent caterers utilizing the equipment or premises of a licensed public food service establishment are deemed operators as defined by Section 509.013(2), F.S., of such public food service establishment and subject to all applicable requirements of law and rule.

4. No change.

5. Vending machines – Vending machines are classified as any self-service devices licensed pursuant to Chapter 509, F.S., which, upon insertion of coin or token, or by other means, dispense unit servings of potentially hazardous food, either in bulk or packaged, without the necessity of replenishing the device between each operation. All vending machine owners shall submit the serial number of each vending machine to the division on the application for license. The It is the responsibility of the vending machine owner is responsible for maintaining to maintain an accurate and current list of vending machine locations with the corresponding serial number. This list shall be made available to the division upon request. The division shall coordinate with the vending machine owner to schedule inspections with the assistance of the owner or the owner’s its agent with the capability to open and demonstrate the machine.

6. Theme park food carts – Theme park food carts are classified as mobile or stationary units which operate within the confines of a theme park or entertainment complex as an extension of or in association with a fixed public food service establishment. Such carts shall be licensed collectively by the entity which maintains and operates them. The It shall be the responsibility of the entity which maintains and operates any food cart or group of food carts within a theme park or entertainment complex is responsible for acquainting to acquaint all operators with the requirements of all applicable laws and rules. The operator is required to notify the division immediately of any changes in the number of carts.

(b) Seating – Seating establishments are classified as those public food service establishments that provide and maintain accommodations for consumption of food on the premises of the establishment or under the control of the establishment. The operator of the establishment is responsible for providing the number of seats available to the public to the division prior to licensing. Prior to making aAny changes in the number of seats provided which may affect the license fee, the Florida Clean Indoor Air Act, fire safety, or the wastewater disposal system, the operator must report the change bathroom requirements or any other sanitation and safety requirements provided in law or rule, shall be reported immediately to the division by submitting DBPR Form HR 5021-103, SEATING CHANGE EVALUATION (https://www.flrules.org/Gateway/reference.asp?No=Ref-00895), incorporated herein by reference and effective 2008 October 22, or any document obtained from the local authorities having jurisdiction that provides proof the operator obtained approval for the change by the operator. A change in the number of seats is not valid until approved by the division. License fees related to a seating change are not due until the license is renewed, unless the seating change is part of a license application.

(c) Plan Reviews and Variances.

1. The operator of each public food service establishment to be newly constructed, remodeled, converted, or reopened after being out of business for more than 12 months shall submit properly prepared facility plans and specifications to the division for review and approval in accordance with the provisions of Chapter 509, F.S., and Rule Chapters 61C-1 and 61C-4, F.A.C. Such plans must be approved by the division as meeting the sanitation and safety requirements provided in law prior to construction, remodeling, conversion, scheduling of an opening inspection and licensing. For remodeling, plan review submittal is shall not be required if the division can otherwise determine that the intended remodeling will not have an impact on the Florida Clean Indoor Air Act, fire safety, bathroom requirements or any other sanitation and safety requirements provided in law or rule. Plan review is not required for aApplications for change of ownership shall not require plan review when no interruption in operation or no change to the establishment, construction, remodeling or conversion occurs. Plan reviews for additional vending machines and theme park food carts are shall not be required if such units have been previously reviewed and approved and have no modifications from the originally approved model.

2. The plans and specifications specification shall indicate the general operation of the establishment;, the intended menu items; location of employee and public bathrooms; cuisine concept, proposed layout, including all work, guest, and employee areas and storeage facilities; arrangement, mechanical plans, and construction finishes materials of work areas;, and equipment location, design and installation, including the type and model of proposed fixed equipment and facilities. Plans and specifications must be submitted by the owner, prospective operator or their designated representative along with DBPR HR-7005 BPR Form 21-010, APPLICATION FOR PLAN REVIEW (https://www.flrules.org/Gateway/reference.asp?No=Ref-00931), incorporated be reference herein and effective 2011 August 22, or DBPR HR-7030, APPLICATION FOR PUBLIC FOOD SERVICE ESTABLISHMENT LICENSE WITH PLAN REVIEW. Plans and specifications or for mobile food dispensing vehicles, must be submitted by the owner, prospective operator or their designated representative along with DBPR HR-7006 BPR Form 21-017, MOBILE FOOD DISPENSING VEHICLE VEHICLES PLAN REVIEW APPLICATION (https://www.flrules.org/Gateway/reference.asp?No=Ref-00933), incorporated herein by reference and effective 2011 August 22 9-25-96, or DBPR HR-7031, APPLICATION FOR MOBILE FOOD DISPENSING VEHICLE LICENSE WITH PLAN REVIEW. Instructions for filling in DBPR HR-7005 are provided in DBPR HR-7005i, INSTRUCTIONS FOR COMPLETING DBPR HR-7005 APPLICATION FOR PLAN REVIEW (https://www.flrules.org/Gateway/reference.asp?No=Ref-00932), incorporated herein by reference and effective 2011 August 22. Instructions for filling in DBPR HR-7006 are provided in DBPR HR-7006i, INSTRUCTIONS FOR COMPLETING MOBILE FOOD DISPENSING VEHICLE PLAN REVIEW APPLICATION (https://www.flrules.org/Gateway/reference.asp?No=Ref-00934), incorporated herein by reference and effective 2011 August 22. Copies of these forms may be obtained from any division office. The division shall review plans in the order in which they were received and shall grant or deny approval of the plans in writing pursuant to the provisions of Chapter 120, F.S.

3. When the establishment’s water source is a well or the sewer source is an onsite sewage treatment and disposal system, applicants for plan review must also submit the Department of Health’s Interagency – DOH/DACS/DBPR Onsite Sewage (Septic) and Water Supply Evaluation, which is available with the division’s application forms. In accordance with Section 509.032(2)(e), F.S., the division shall grant variances from construction standards described by this rule in hardship cases. Hardship cases include circumstances when physical or structural limitations of the premises preclude compliance with the division’s requirements or when the establishment conforms to classification as a historic property as described in Section 509.215(6)(a), F.S. It is the responsibility of the applicant to demonstrate the hardship to the division prior to approval of the variance request.

a. Each variance request shall be accompanied by the appropriate fee as described in Rule 61C-1.008, F.A.C., supportive materials and documents such as a copy of the establishment’s license, construction plans and specifications for new or extensively remodeled establishments, and any other information necessary for rendering a decision. The burden of presenting pertinent and supportive facts shall be the responsibility of the applicant.

b. Emergency variance requests must be acted upon within 30 days of receipt by the division of all information necessary for the Advisory Council to determine the existence of a hardship.

c. All routine variance requests shall be acted upon at the next regularly scheduled Advisory Council meeting. A completed variance request form must be received by the division at least 10 business days prior to any scheduled Advisory Council meeting. The division shall make available to the public, through the division’s district offices, a schedule of all Advisory Council meetings.

d. The Advisory Council shall review variance requests and recommend agency action to the director. Upon consideration of the merits of each variance request and the recommendations of the Advisory Council, the director or designee shall either grant a variance, as requested, or deny the variance request. The division shall enforce variance provisions and shall take administrative action to ensure compliance with the terms of a variance.

4. Whenever plans are disapproved or a variance request is denied, the division shall notify the applicant of their right to request a hearing on the matter. Notification shall be in writing and shall indicate that a hearing must be requested within 30 days of the applicant’s receipt of notice. The division shall grant or deny a hearing request within 10 days of receipt. All hearings shall be conducted in accordance with the provisions of Chapter 120, F.S.

(d) A public food service establishment operating in conjunction with a public lodging establishment must obtain a separate public food service establishment license from with the division, unless the only food served at the public lodging establishment is packaged or prepackaged as defined in Rule 61C-1.001, F.A.C. In such cases, the establishment which prepares the food is subject to the licensing provisions of this chapter, unless otherwise exempt.

(6) Renewal – The licensee is responsible for renewing It is the responsibility of the licensee to renew the license prior to the expiration date. The department provides division makes available to all licensees an application for license renewal BPR form 21-021, APPLICATION FOR LICENSE RENEWAL, incorporated herein by reference and effective 3-31-94, which contains all information required by law to renew the license. Any public lodging establishment or public food service establishment operating on an expired license is deemed to be operating without a license, and subject to the penalties provided for this offense in law and rule. Annual renewal dates for all establishments are determined by district and county in the counties indicated are as follows:

(a) through (g) No change.

(7) The division shall issue a license, which is BPR form 21-022, PUBLIC LODGING AND FOOD SERVICE LICENSE, incorporated herein by reference and effective 9-25-96, to each public lodging establishment and public food service establishment which has satisfied the requirements of Chapter 509, F.S., and this chapter upon initial licensing and annual renewal. In addition to the license, the division shall issue a license decal, which is BPR form 21-023, LICENSE DECAL, incorporated herein by reference and effective 9-25-96, to each mobile food dispensing vehicle, theme park food cart and vending machine, which must be prominently displayed and affixed to the vehicle, cart or machine. Copies of these forms may be obtained by written request to the Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1015.

(8) General Inspection Requirements.

(a) Division personnel shall inspect all public lodging establishments as often as necessary for enforcement of the provisions of law and rule and protection of the public’s health, safety and welfare. The result of each inspection shall be recorded on DBPR Form HR-5022-014, LODGING INSPECTION REPORT (https://www.flrules.org/Gateway/reference.asp?No=Ref-00935) BPR form 22-014, LODGING INSPECTION REPORT, incorporated herein by reference and effective 2009 December 3 9-25-96, a legible copy of which shall be provided to the operator. Copies of this form may be obtained from any division office.

(b) Division personnel shall inspect all public food service establishments and other places where food is served to or prepared for service to the public as often as necessary for enforcement of the provisions of law and rule and protection of the public’s health, safety and welfare. The result of each inspection shall be recorded on DBPR Form HR-5022-015, FOOD SERVICE INSPECTION REPORT (https://www.flrules.org/Gateway/reference.asp?No=Ref-00936) BPR form 22-015, FOOD SERVICE INSPECTION REPORT, incorporated herein by reference and effective 2009 October 1 9-25-96, a legible copy of which shall be provided to the operator. Copies of this form may be obtained from any division office. Persons operating a public food service establishment shall permit division personnel right of entry during operating hours to observe food preparation and service, and if necessary examine records of the establishment to obtain pertinent information pertaining to food and supplies purchased, received or used.

(c) through (d) No change.

(9) Obtaining forms. All forms incorporated in this section 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.

Rulemaking Specific Authority 509.032(2)(d), (6), 509.241(1) FS. Law Implemented 213.0535, 509.032(2)(a), (d), (e), (6), 509.221, 509.241(1), (3), 509.242, 509.251, 559.79(1) FS. History–Amended 1-20-63, 9-19-63, 5-20-64, 2-23-66, 8-9-68, Revised 2-4-71, Amended 10-18-71, Repromulgated 12-18-74, Amended 9-1-83, 10-1-83, Formerly 7C-1.02, Amended 1-30-90, 12-31-90, 2-27-92, 6-15-92, Formerly 7C-1.002, Amended 3-31-94, 3-15-95, 10-9-95, 9-25-96, 5-11-98, 9-9-03,________.