To improve the disciplinary citation process and reduce the number of Administrative Complaints filed.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-5.023Citations

PURPOSE AND EFFECT: To improve the disciplinary citation process and reduce the number of Administrative Complaints filed.

SUMMARY: The proposed rule amendment adopts an updated disciplinary citation form; adds an additional citable offense and definitions; removes the limit of two citations for previously cited offenses, the option to dismiss a citation issued for operating with an expired certificate of operation if corrected within 90 days, and the two year grace period for operating with a delinquent certificate of operation; and simplifies the disciplinary process.

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: 399.16 FS.

LAW IMPLEMENTED: 399.105, 399.16 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: Kela Timmons, 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:

(1) Upon a determination of probable cause, the division will issue a citation for:

(a) Performing work without a valid permit or license, or Ooperating an elevator without a valid temporary operating permit as required under Chapter 399, F.S., or performing activity requiring a permit, certificate, or license without a valid permit, certificate, or license.

(b) Operating an elevator without with a valid certificate of operation that has been expired for two or more consecutive years.

(2) No change.

(3) The citation must be issued using DBPR Form HR 5023-059, DISCIPLINARY CITATION AND STOP WORK ORDER, (https://flrules.org/Gateway/reference.asp?No=Ref-05407 https://www.flrules.org/Gateway/reference.asp?No=Ref-00706) incorporated herein by reference and effective 2015 April 8 September 29, 2011. The citation will constitute a stop work order only when issued under paragraph (1)(a). A sample copy of this form is available from the Division of Hotels and Restaurants Internet website at www.MyFloridaLicense.com/dbpr/hr; by e-mail to [e-mail]; or upon written request to the Division of Hotels and Restaurants, Bureau of Elevator Safety, 1940 North Monroe Street, Tallahassee, Florida 32399-1013.

(4) through (5) No change.

(6) Definitions.

(a) “First citation” means a citation issued when no prior citation involving the same subject for violations of paragraph (1)(a) or the same elevator for violations of paragraph (1)(b) has become or resulted in a Final Order within the 24 months preceding the date the current citation is issued.

(b) “Second citation” means a citation issued when one prior citation involving the same subject for violations of paragraph (1)(a) or the same elevator for violations of paragraph (1)(b) has become or resulted in a Final Order within the 24 months preceding the date the current citation is issued and the current violation is the same as a previous violation.

(c) “Third citation” means a citation issued when two prior citations involving the same subject for violations of paragraph (1)(a) or the same elevator for violations of paragraph (1)(b) have become or resulted in a Final Order within the 24 months preceding the date the current citation is issued and the current violation is the same as a previous violation.

(d) “Fourth and any subsequent citation” means a citation issued when three or more prior citations involving the same subject for violations of paragraph (1)(a) or the same elevator for violations of paragraph (1)(b) have become or resulted in a Final Order within the 24 months preceding the date the current citation is issued and the current violation is the same as a previous violation.

(7)(6) A citation issued under paragraph (1)(a) will result in the following fines:

(a) Erecting, cConstructing, installing, altering, or relocating an elevator without obtaining a permit, in violation of Section 399.03(1), F.S., will result in a fine of $250 for the first citation, offense and $500 for the second citation, $750 for the third citation, and $1,000 for the fourth and any subsequent citation offense.

(b) Operating an elevator or allowing an elevator to operate for temporary use during installation or alteration without a valid temporary operating permit, in violation of Section 399.03(10), F.S., will result in $250 for the first citation, offense and $500 for the second citation, $750 for the third citation, and $1,000 for the fourth and any subsequent citation offense.

(c) Performing work that requires licensure as an elevator inspector without a license or with an expired license, in violation of Section 399.17, F.S., will result in a fine of $250 for the first citation, offense and $500 for the second citation, $750 for the third citation, and $1,000 for the fourth and any subsequent citation offense.

(d) Performing work that requires licensure as an elevator technician without a license or with an expired license, in violation of Section 399.01(14), F.S., will result in a fine of $250 for the first citation, offense and $500 for the second citation, $750 for the third citation, and $1,000 for the fourth and any subsequent citation offense.

(e) Employing persons to construct, install, inspect, maintain, or repair any vertical conveyance without a license, in violation of Section 399.01(12), F.S., will result in a fine of $250 for the first citation, $500 for the second citation, $750 for the third citation, and $1,000 for the fourth and any subsequent citation.

(8)(7) A citation issued under paragraph (1)(b) will result in a fine of $250 for the first citation, offense and $500 for the second citation, $750 for the third citation, and $1,000 for the fourth and any subsequent citation offense. Citations issued under paragraph (1)(b) will be dismissed if a valid certificate of operation has been obtained before the citation becomes a final order.

(8) The division will issue a citation for first and second offenses of the same violation. A third offense of the same violation will result in the issuance of an administrative complaint.

(9) The subject has 30 days from the date the citation is served to accept the citation or request a hearing pursuant to Chapter 120, F.S., in writing. If a hearing is requested, any resulting penalty shall be assessed according to this rule. If the subject does not request a hearing within 30 days after the date the citation is served, the citation will become a final order on the 90th day after the day the citation has been served.

(10)Violations of paragraph (1)(b) that are not corrected within 90 days of the date the citation has been served will result in the issuance of a new citation for a subsequent second offense of the same violation.

(11) through (13) No change.

Rulemaking Authority 399.16 FS. Law Implemented 399.105, 399.16 FS. History–New 1-10-12, Amended______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Diann Worzalla, 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: April 10, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 16, 2015