Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-1 - GENERAL › Section 61C-1.005 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule sets
				out the disciplinary guidelines for imposing penalties upon public lodging
				establishments and public food service establishments under the jurisdiction of
				the Division of Hotels and Restaurants (division) in administrative actions.
				The purpose of this rule is to notify licensees of the standard range of
				penalties routinely imposed unless the division finds it necessary to deviate
				from the standard penalties for the reasons stated within this rule.
(2) These disciplinary guidelines are
				descriptive in nature and do not use the language used to formally allege a
				violation in a specific case. This rule is not intended to specifically
				describe all possible violations of law that may be committed by a public
				lodging establishment or public food service establishment and that may be
				subject to penalty imposed by the division.
(3) The division may impose penalties against
				a public lodging establishment or public food service establishment for a
				specific violation not included in the language of this rule. If a specific
				violation is not included in the language of this rule, the division shall
				impose a penalty corresponding to the most similar violation listed in this
				rule.
(4) These disciplinary
				guidelines do not limit the division's authority to order a public lodging
				establishment or public food service establishment to cease and desist from any
				unlawful practice, or other action authorized by law.
(5) Definitions.
(a) "High priority violation" means a
				violation of a high priority item, as defined in Rule
				61C-1.001, F.A.C., or a
				violation of Chapter 509, F.S. or Chapter 61C, F.A.C., determined by the
				division to pose a direct or significant threat to the public health, safety,
				or welfare and is not otherwise identified in subsection (6) of this
				rule.
(b) "Intermediate violation"
				means a violation of an intermediate item, as defined in Rule
				61C-1.001, F.A.C., or a
				violation of Chapter 509, F.S. or Chapter 61C, F.A.C., which relates to
				specific actions, equipment or procedures that contribute to the occurrence of
				a high priority violation, but does not meet the definition of high priority
				violation or basic violation and is not otherwise identified in subsection (6)
				of this rule.
(c) "Basic violation"
				means a violation of a basic item, as defined in Rule
				61C-1.001, F.A.C., or a
				violation of Chapter 509, F.S. or Chapter 61C, F.A.C., which relates to general
				sanitation, operational controls, standard operating procedures, facilities or
				structures, equipment design, or general maintenance and not meeting the
				definition of high priority violation or intermediate violation and is not
				otherwise identified in subsection (6) of this rule.
(d) "First offense" means a violation of any
				law subject to penalty under Chapter 509, F.S., when no disciplinary Final
				Orders involving the same licensee have been filed with the Agency Clerk within
				the 24 months preceding the date the current administrative complaint is
				issued.
(e) "Second offense, " and
				"second and any subsequent offense" mean a violation of any law subject to
				penalty under Chapter 509, F.S., after one disciplinary Final Order involving
				the same licensee has been filed with the Agency Clerk within the 24 months
				preceding the date the current administrative complaint is issued, even if the
				current violation is not the same as the previous violation.
(f) "Third and any subsequent offense" means
				a violation of any law subject to penalty under Chapter 509, F.S., after two or
				more disciplinary Final Orders involving the same licensee have been filed with
				the Agency Clerk within the 24 months preceding the date the current
				administrative complaint is issued, even if the current violation is not the
				same as the previous violation.