61C-1.008: License Fees
PURPOSE AND EFFECT: The purpose and effect of the proposed rule development is to reduce the fee charged to process a variance request to zero; to repeal language that duplicates statutory requirements as identified in the rule review completed under Executive Order 11-01; and to change resort license classifications to vacation rentals, as renamed by Chapter 2011-119, Laws of Florida.
SUMMARY: The proposed rule removes language that duplicates statutory requirements, replaces the license classification of “resort condominiums” and “resort dwellings” with “vacation rentals”, identifies vacation rentals as condominiums and dwellings for licensing purposes, and reduces the fee for a variance request to $0.
OTHER RULES INCORPORATING THIS RULE: None.
EFFECT ON THOSE OTHER RULES: N/A
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, 509.251 FS.
LAW IMPLEMENTED: 509.013, 509.032, 509.251, 509.302 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michelle Comingore, Operations Review Specialist, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe St., Tallahassee, FL 32399-1011, Telephone: (850)488-1133, E-Mail: Michelle.Comingore@dbpr.state.fl.us
THE FULL TEXT OF THE PROPOSED RULE IS:
61C-1.008 License Fees.
(1) No change.
(2) The license fee shall be paid to the division before a license is issued, and the license fee to be charged shall be determined according to the licensing fee schedule in effect at the time an application for a license is received by the division.
(2)(3) Fractional License Fees. The licensing fee schedule shall require an establishment which applies for an initial license to pay the full license fee, if application is made during the annual renewal period or more than 6 months prior to the next such renewal period, and one-half of the fee if application is made 6 months or less prior to such period.
(3)(4) Amount of License Fee – Public Lodging Establishment. The license fee to conduct a public lodging establishment shall be in accordance with the following schedule exclusive of the categories of fee adjustments set forth in subsections 61C-1.008(1) and (3), F.A.C.:
(a) TRANSIENT LODGING/EXCLUDING TRANSIENT APARTMENTS AND VACATION RENTALS RESORT CONDOMINIUMS AND DWELLINGS.
|
NUMBER OF UNITS |
BASIC FEE |
INCREMENTAL UNIT FEE |
HEP FEE |
TOTAL FEE |
|
SINGLE UNIT |
$170 |
$10 |
$10 |
$190 |
|
2-25 |
$170 |
$20 |
$10 |
$200 |
|
26-50 |
$170 |
$35 |
$10 |
$215 |
|
51-100 |
$170 |
$50 |
$10 |
$230 |
|
101-200 |
$170 |
$75 |
$10 |
$255 |
|
201-300 |
$170 |
$105 |
$10 |
$285 |
|
301-400 |
$170 |
$135 |
$10 |
$315 |
|
401-500 |
$170 |
$160 |
$10 |
$340 |
|
OVER 500 |
$170 |
$190 |
$10 |
$370 |
(b) No change.
(c) VACATION RENTALS RESORT CONDOMINIUMS AND RESORT DWELLINGS.
1. Vacation rentals may be classified as a Resort condominium or and resort dwelling and licenses may be classified as either single, or collective or group, as defined in Rule 61C-1.002, F.A.C.
2. Fees for renewal shall be based on the number of existing units under license at the time of the renewal period. Unless timely notification of additions or deletions of units in a group or collective license is given to the division, as set forth in sub-subparagraph 61C-1.002(4)(c)5.c., F.A.C., the fee for renewal shall be based upon the number of units under license when the license was either issued or last renewed, whichever is most recent.
3.a. VACATION RENTALS RESORT CONDOMINIUMS AND DWELLINGS/COLLECTIVE LICENSE.
|
BASIC FEE |
PER UNIT FEE |
HEP FEE |
TOTAL FEE |
|
$150 |
$10 |
$10 |
VARIES |
b. VACATION RENTALS RESORT CONDOMINIUMS AND DWELLINGS /GROUP AND SINGLE LICENSE.
|
NUMBER OF UNITS |
BASIC FEE |
INCREMENTAL UNIT FEE |
HEP FEE |
TOTAL FEE |
|
SINGLE UNIT |
$150 |
$10 |
$10 |
$170 |
|
2-25 |
$150 |
$20 |
$10 |
$180 |
|
26-50 |
$150 |
$35 |
$10 |
$195 |
|
51-100 |
$150 |
$50 |
$10 |
$210 |
|
101-200 |
$150 |
$75 |
$10 |
$235 |
|
201-300 |
$150 |
$105 |
$10 |
$265 |
|
301-400 |
$150 |
$135 |
$10 |
$295 |
|
401-500 |
$150 |
$160 |
$10 |
$320 |
|
OVER 500 |
$150 |
$190 |
$10 |
$350 |
(d) through (e) No change.
(4)(5) Amount of License Fee – Public Food Service Establishment. The license fee for a public food service establishment shall be in accordance with the following schedule exclusive of the categories of fee adjustments set forth in subsections 61C-1.008(1) and (3), F.A.C.:
(a) through (b) No change.
(c) Plan review fees shall be $150; variance review process fees shall be $0.:
1. Routine – $150; and
2. Emergency – $300.
(5)(6) Delinquency Fees. A license renewal filed with the division within 30 days after the expiration date shall be accompanied by a delinquency fee of $50 in addition to the renewal fee and any other fees required by law or rule. A license renewal filed with the division more than 30 but not more than 60 days after the expiration date shall be accompanied by a delinquency fee of $100 in addition to the renewal fee and any other fees required by law or rule.
Rulemaking Specific Authority 509.032(6), 509.251 FS. Law Implemented 509.013, 509.032(2)(e), 509.032(3)(c), 509.251, 509.302(3) FS. History–New 7-31-79, Revised 9-1-80, Formerly 7C-1.08, Amended 5-10-89, 9-10-89, 10-31-89, 4-3-90, 12-31-90, 9-11-91, 2-27-92, 7-6-92, 8-23-92, 11-4-92, 4-4-93, Formerly 7C-1.008, Amended 9-20-93, 12-22-93, 6-29-95, 10-9-95, 9-25-96, 5-11-98, 9-21-00, 9-9-03,________.