The purpose and effect of the proposed rule amendments is to update and revise Rule 61C-5.023, F.A.C., to clarify existing language and incorporate a form by reference.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-5.023Citations

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendments is to update and revise Rule 61C-5.023, F.A.C., to clarify existing language and incorporate a form by reference.

SUMMARY: The proposed rulemaking amends Rule 61C-5.023, F.A.C., in order to update and revise the rule to clarify existing language and incorporate a form by reference.

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 F.S.

LAW IMPLEMENTED: 399.105, 399.16 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: Daniela Radneva, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399; [phone]; [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61C-5.023 Citations.

(1) No change.

(2) No change.

(3) The citation must be issued using DBPR Form HR 5023-059, Disciplinary Citation and Stop Work Order, (http://www.flrules.org/Gateway/reference.asp?No=Ref-1322105407) incorporated herein by reference and effective June 2021 April 8, 2015. 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/elevator-safety/; by email to [e-mail]; or upon written request to the Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety, 2601 Blair Stone Road, Tallahassee, Florida 32399-1013.

(4) The citation must contain a brief factual statement of the activity engaged in; the section of law allegedly violated; the penalty imposed; instructions on how to pay the citation; and a statement that, in lieu of accepting and paying the citation, the subject may choose to dispute the citation and proceed with an administrative hearing in accordance with Sections 120.569 and 120.57, F.S. The citation must be issued to a natural person, elevator owner, or elevator company and contain the following information, if available or applicable:

(a) No change.

(b) Subject’s division-issued license number or registration number, whether current or expired, or subject’s drivers license number or any other identifying information;

(c) through (d) No change.

(5) through (7) No change.

(8) A citation issued under paragraph (1)(b) 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. Citations issued under paragraph (1)(b) may be dismissed if a valid certificate of operation has been obtained before the citation becomes a final order.

(9) through (13) No change.

Rulemaking Authority 399.16 FS. Law Implemented 399.105, 399.16 FS. History–New 1-10-12, Amended 6-17-15, ______.

 

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: Julie I. Brown, Secretary, Department of Business and Professional Regulation.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 1, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 27, 2021