Notice of Development of Rulemaking

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants
RULE NO: RULE TITLE
61C-1.008: License Fees
PURPOSE AND EFFECT: The purpose and effect of this proposed rule is to provide the division the ability to waive food and lodging license fees.
SUBJECT AREA TO BE ADDRESSED: The proposed rule addresses the division’s option to provide food and lodging license fee waivers.
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.
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: (850)488-1133

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT 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.

(a) The division may waive the license renewal fee for public food service and lodging establishment licenses in good standing for a period not to exceed one year when the division determines the Hotels and Restaurants Trust Fund contains an excess of the amount required to fund division functions and such waiver will not impede the division’s ability to perform necessary functions. Prior to implementing a license fee waiver, the division shall ensure the trust fund balance is sufficient to cover all anticipated costs and maintain a reasonable balance throughout the waiver period. A license fee waiver shall be applied to all or to a systemized portion of the current license population, and may not be applied on an individual basis to any single licensee or group. A license fee waiver shall not be applied to a license fee for new or transfer licenses or for licenses in delinquent status. License fee waivers for renewals may include the basic fee, incremental unit fee, per unit fee, service type fee, capacity fee, epidemiological fee and the Hospitality Education Program fee. License fee waivers shall not include application fees, plan review fees, routine and emergency variance review fees, or delinquent fees.

(3) through (5) No change.

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,________.