reglab/statecodes huggingface dataset:
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-80 - THE ARBITRATION RULES OF PROCEDURE GOVERNING RECALL AND ELECTION DISPUTES IN HOMEOWNERS' ASSOCIATIONS › Section 61B-80.122 - Technical Corrections; Rehearing

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Any party may file a motion for rehearing or a motion to correct any clerical
				mistake or error arising from oversight or omission in any final order entered
				by an arbitrator within 15 days of the date on which the order was entered.
				"Clerical corrections" shall be generally defined as computational corrections,
				correction of clerical mistake or typographical error or other minor
				corrections of error arising from oversight or omission; or an evident
				miscalculation of figures or an evident mistake in the description of any
				thing, person, or property referred to in the order; or an award by the
				arbitrator upon a matter not submitted. A motion for rehearing shall state with
				particularity the points of law or fact that the arbitrator has overlooked or
				misapprehended but shall not re-argue the merits of the final order. Any
				response shall be filed within 10 days of service of the motion.
(2) The arbitrator may on his or her own
				motion initiate entry of a corrected order as described by subsection (1) above
				within 60 days of the entry of the final order. A timely filed motion for
				rehearing tolls the time in which a party must file to recover its costs and
				attorney's fees, until after disposition of the motion for rehearing or
				reconsideration.
Specific Authority 718.1255(4)(i), 718.112(2)(j)5.,
					 720.303(10)(d),
					 720.306(9),
					 720.311(1) FS.
					 Law Implemented 720.303(10),
					 720.306(9),
					 720.311(1)
					 FS.
New 2-3-05.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-80 - THE ARBITRATION RULES OF PROCEDURE GOVERNING RECALL AND ELECTION DISPUTES IN HOMEOWNERS' ASSOCIATIONS › Section 61B-80.123 - Motions for Attorney's Fees and Costs

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The prevailing party in a proceeding brought pursuant to Section
				720.311, F.S., is entitled to an
				award of reasonable costs and attorney's fees. A prevailing party is a party
				that obtained a benefit from the proceeding and includes a party where the
				opposing party has voluntarily provided the relief requested in the petition,
				in which case it is deemed that the relief was provided in response to the
				filing of the petition.
(2) Any
				party seeking an award of costs and attorney's fees must request the award in
				writing prior to the rendition of the final order, failing which no motion for
				costs and attorney's fees will be granted.
(3) A party prevailing in an arbitration
				proceeding must file a motion requesting an award of costs and attorney's fees
				within 30 days following entry of a final order, or final order on rehearing
				entered in response to a timely filed motion for rehearing. The motion is
				considered filed when it is actually received by the division.
(4) The motion must specify the hourly rate
				claimed and must include an affidavit of the attorney who performed the work
				that states the number of years the attorney has practiced law, must indicate
				each activity for which compensation is sought, and must state the time spent
				on each activity. In a case involving multiple issues or counts, the affidavit
				shall present time activity broken down by issue or count.
(5) If an award of costs is sought, the party
				seeking recovery of costs shall attach receipts or other documentation to
				provide evidence of the costs incurred. Costs will be awarded consistent with
				Florida case law and the Statewide Uniform Guidelines for Taxation of Costs in
				Civil Actions. The cost of personal service by an authorized process server is
				only a recoverable cost if such personal service is either authorized or
				required by the arbitrator. The cost of attending a hearing by a court reporter
				is a recoverable cost; the cost of preparing a transcript of the hearing is
				only a recoverable cost if the transcript or a portion thereof, is filed with
				the arbitrator prior to rendition of the final order.
Specific Authority 718.1255(4)(i), 718.112(2)(j)5.,
					 720.303(10)(d),
					 720.306(9),
					 720.311(1) FS.
					 Law Implemented 720.303(10),
					 720.306(9),
					 720.311(1)
					 FS.
New 2-3-05.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-80 - THE ARBITRATION RULES OF PROCEDURE GOVERNING RECALL AND ELECTION DISPUTES IN HOMEOWNERS' ASSOCIATIONS › Section 61B-80.124 - Department Fee

Current through Reg. 50, No. 138; July 16, 2024
(1) The department
				fee will be an amount adequate to cover all costs and expenses incurred by the
				department in conducting an arbitration proceeding pursuant to Section
				720.311, F.S.
(2) The fee shall be the sum of the following
				costs:
(a) The sum of the "Labor Cost" for all
				employees who perform work on the case. The "Labor Cost" for an employee shall
				be calculated as follows: [(P x 1.35)/W] x H. Where P = the biweekly pay of the
				lowest pay grade for the employee's position title; 1.35 is a multiplier that
				takes into account the cost of pay and benefits for an employee; W = the
				biweekly contract hours for the employee; and H = hours directly related to the
				arbitration proceeding worked by the employee.
(b) The cost a contractor charges the
				department for any work directly related to the arbitration
				proceeding.
(c) Other proceeding
				costs directly related to the proceeding. For example direct costs include, but
				are not limited to, travel, long distance charges and photocopy
				expenses.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-81 - SUBSTANTIVE RULES FOR RECALLS IN HOMEOWNERS' ASSOCIATIONS › Section 61B-81.001 - Right to Recall and Replace a Board Director; Developers; Other Members; Class Voting

Current through Reg. 50, No. 138; July 16, 2024
(1) For purposes of
				these rules, "homeowner" is the "member" or "parcel owner" who has the "voting
				interest" as those terms are defined by Section
				720.301, F.S.
(2) Developer Representatives. When both a
				developer and other homeowners are entitled to representation on a board of
				directors pursuant to Section
				720.307, F.S., the following
				provisions apply to recall and replacement of directors elected or appointed by
				a developer:
(a) Only parcels owned by the
				developer shall be counted to establish a quorum for a meeting to recall and
				replace a director who was elected or appointed by that developer.
(b) The percentage of voting interests
				required to recall a director who was elected or appointed by a developer is a
				majority of the total parcels owned by that developer.
(c) A director who is elected or appointed by
				a developer may be recalled only by that developer.
(d) Only the developer may vote to fill a
				vacancy on the board previously occupied by a director elected or appointed by
				that developer.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-81 - SUBSTANTIVE RULES FOR RECALLS IN HOMEOWNERS' ASSOCIATIONS › Section 61B-81.002 - Recall of One or More Directors of a Board at a Homeowner Meeting; Board Certification; Filling Vacancies

Current through Reg. 50, No. 138; July 16, 2024
(1) Calling
				a Recall Meeting. If the governing documents specifically allow recall at a
				homeowners' meeting, 10 percent of the voting interests may call a meeting of
				the homeowners to recall one or more directors of the board by the voting
				interests giving the notice specified in paragraphs (2)(a) and (b)
				below.
(2) Noticing a Recall
				Meeting.
(a) Signature List. Prior to noticing
				a homeowners' meeting to recall one or more directors of the board, a list
				shall be circulated for the purpose of obtaining signatures of not less than 10
				percent of the voting interests. The signature list shall:
1. State that the purpose for obtaining
				signatures is to call a meeting of the homeowners to recall one or more
				directors of the board;
2. State
				that replacement directors shall be elected at the meeting if a majority or
				more of the existing directors are successfully recalled at the meeting;
				and
3. Contain lines for the voting
				interest to fill in his or her parcel number, signature and date of
				signature.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-82 - THE RULES OF MEDIATION PROCEDURE IN HOMEOWNERS' ASSOCIATIONS › Section 61B-82.001 - Scope; Nature of Remedy; Forms (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority
					 720.311(1) FS.
					 Law Implemented 720.311(2)
					 FS.
New 2-3-05, Repealed
					 9-18-07.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-82 - THE RULES OF MEDIATION PROCEDURE IN HOMEOWNERS' ASSOCIATIONS › Section 61B-82.002 - Filing Petition for Mediation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority
					 720.311(1) FS.
					 Law Implemented 720.311(2)
					 FS.
New 2-3-05, Repealed
					 9-18-07.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-82 - THE RULES OF MEDIATION PROCEDURE IN HOMEOWNERS' ASSOCIATIONS › Section 61B-82.004 - Assignment of Mediator; Billing (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority
					 720.311(1) FS.
					 Law Implemented 720.311(2)
					 FS.
New 2-3-05, Repealed
					 9-18-07.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-82 - THE RULES OF MEDIATION PROCEDURE IN HOMEOWNERS' ASSOCIATIONS › Section 61B-82.005 - Parties (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority
					 720.311(1) FS.
					 Law Implemented 720.311(2)
					 FS.
New 2-3-0, Repealed
					 9-18-07.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-82 - THE RULES OF MEDIATION PROCEDURE IN HOMEOWNERS' ASSOCIATIONS › Section 61B-82.006 - Disputes Eligible for Mediation; Relief Requested (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority
					 720.311(1) FS.
					 Law Implemented 720.311(2)
					 FS.
New 2-3-0, Repealed
					 9-18-07.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-82 - THE RULES OF MEDIATION PROCEDURE IN HOMEOWNERS' ASSOCIATIONS › Section 61B-82.007 - Subsequent Proceedings; Conclusion of Mediation Proceeding (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority
					 720.311(1) FS.
					 Law Implemented 720.311(2)
					 FS.
New 2-3-05, Repealed
					 9-18-07.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-83 - CERTIFICATION OF COMMUNITY ASSOCIATION MEDIATORS AND ARBITRATORS › Section 61B-83.001 - Scope, Organization, Procedure, Forms (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority
					 720.311(1) FS.
					 Law Implemented 720.311(2)(c)
					 FS.
New 12-20-04, Repealed
					 9-18-07.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-83 - CERTIFICATION OF COMMUNITY ASSOCIATION MEDIATORS AND ARBITRATORS › Section 61B-83.002 - Filing Application for Certification; Verification Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority
					 720.311(1) FS.
					 Law Implemented 718.1255(4),
					 720.311(2)(c)
					 FS.
New 12-20-04, Repealed
					 9-18-07.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-83 - CERTIFICATION OF COMMUNITY ASSOCIATION MEDIATORS AND ARBITRATORS › Section 61B-83.003 - Qualifications of Mediator or Arbitrators Certification Applicants (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority
					 720.311(1) FS.
					 Law Implemented 720.311(2)(c)
					 FS.
New 12-20-04, Repealed
					 9-18-07.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-83 - CERTIFICATION OF COMMUNITY ASSOCIATION MEDIATORS AND ARBITRATORS › Section 61B-83.004 - Certification and Training Programs (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority
					 720.311(1) FS.
					 Law Implemented 720.311(2)(c)
					 FS.
New 12-20-04, Repealed
					 9-18-07.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-85 - HOMEOWNER ASSOCIATIONS › Section 61B-85.001 - Filing Reporting Information

Current through Reg. 50, No. 138; July 16, 2024
In order to comply with reporting requirements set forth in
				  Section 720.303(3),
				  F.S., the community association manager or management firm, or the association
				  when there is no community association manager or management firm, shall
				  complete form DBPR Form HOA 6000-1, Homeowner Association Reporting, effective
				  11-13-13, incorporated herein by reference. Reporting shall be completed at
http://www.myfloridalicense.com/hoa
via the online form DBPR Form HOA 6000-1, Homeowner Association Reporting,
				  which may be found at
https://www.flrules.org/Gateway/reference.asp?No=Ref-03276
.
Rulemaking Authority
					 720.303(13)(f)
					 FS. Law Implemented 720.303(13)
					 FS.
New 11-13-13.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-1 - GENERAL › Section 61C-1.002 - Licensing and Inspection Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) The current license from the division
				shall be conspicuously displayed in the office or lobby of the licensed
				establishment. If no office or lobby is present on the premises of the licensed
				establishment, the license must be readily available for inspection upon
				request.
(2) Each applicant for a
				public lodging or public food service establishment license and each licensee
				or licensed agent must:
(a) Provide an email
				address to the division for use as the primary contact for all division
				communications.
(b) Create and
				maintain a division online service account to manage their application or
				license.
1. Pursuant to s.
				509.241(4)(c),
				F.S., any applicant, licensee or licensed agent may request an exemption from
				the online service account requirements of this rule by submitting DBPR
				HR-7037, Request for Exemption from Creating and Maintaining a Division Online
				Service Account (http://www.flrules.org/Gateway/reference.asp?No=Ref-16471)
				incorporated herein by reference and effective 2023 November.
2. Approved exemptions will be valid for 365
				calendar days from the date of approval.
3. The division will provide any person
				granted an exemption under this subsection with instructions on how to submit
				applications, forms and fees in physical format.
4. Any applicant, licensee or licensed agent
				who wishes to continue their exemption for an additional 365 days must submit a
				new request before the current exemption expires. The extension will be valid
				for 365 calendar days from division approval of the extension.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-1 - GENERAL › Section 61C-1.0021 - Administrative Actions and Enforcement (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 509.032,
					 509.032(2)(d)
					 FS. Law Implemented 509.091,
					 509.261
					 FS.
New 3-31-94, Amended 10-9-95, 9-25-96, Repealed
					 12-8-11.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-1 - GENERAL › Section 61C-1.0022 - Immediate Closure (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 509.032 FS. Law Implemented
					 509.035
					 FS.
New 3-31-94, Repealed
					 9-25-96.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-1 - GENERAL › Section 61C-1.003 - General Inspection Requirements - Maintenance Inspection, Certificate, License and Sign Inspection (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 509.032(4) FS.
					 Law Implemented 509.032(1)(a),
					 (2),
					 509.101(2),
					 509.211,
					 509.221 FS., Chapter 90-339,
					 Laws of Florida.
New 1-20-63, Amended 2-4-71, 12-18-74, 9-19-84, Formerly
					 7C-1.03, Amended 12-31-90, 2-27-92, Formerly 7C-1.003, Repealed
					 3-31-94.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-1 - GENERAL › Section 61C-1.004 - General Sanitation and Safety Requirements

Current through Reg. 50, No. 138; July 16, 2024
The following general requirements and standards shall be met
				  by all public lodging and public food service establishments.
(1) Water, plumbing and waste.
(a) Except as specifically provided in these
				rules, standards for water, plumbing and waste shall be governed by Chapter 5,
				Food Code, as adopted by reference in Rule
				61C-1.001, F.A.C. For the
				purposes of this section, the term "food establishment" as referenced in the
				Food Code shall apply to all public lodging and public food service
				establishments as defined in Chapter 509, F.S.
(b) Steam used in contact with food or
				food-contact surfaces shall be governed by Chapter 3, Food Code, as adopted by
				reference in Rule 61C-1.001, F.A.C., and free from
				any materials or additives except as allowed by Chapter 7, Food Code, as
				adopted by reference in Rule
				61C-1.001,
				F.A.C.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-1 - GENERAL › Section 61C-1.009 - Approved Forms (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 509.032(4) FS.
					 Law Implemented 120.53(1)(b)
					 FS.
New 3-7-82, Formerly 7C-1.09, Amended 12-31-90, Formerly
					 7C-1.009, Repealed 3-31-94.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-1 - GENERAL › Section 61C-1.010 - Designated Smoking Areas in Public Places (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 386.207(1),
					 509.032(6) FS.
					 Law Implemented 386.202,
					 386.203,
					 386.205,
					 386.206,
					 386.207(3)
					 FS.
New 7-17-86, Amended 12-31-90, Formerly 7C-1.010, Amended
					 3-31-94, 10-9-95, Repealed 9-25-96.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-1 - GENERAL › Section 61C-1.011 - Training - Public Lodging and Food Service Inspector (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 509.032(6),
					 509.036 FS. Law Implemented
					 509.032(2),
					 509.036
					 FS.
New 12-31-90, Amended 2-27-92, Formerly 7C-1.011, Amended
					 3-31-94, Repealed 9-25-96.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-1 - GENERAL › Section 61C-1.013 - General Inspection Frequency (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 509.032(6) FS.
					 Law Implemented 509.032(2)(a)
					 FS.
New 9-20-93, Amended 6-29-95, Repealed
					 9-25-96.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-3 - PUBLIC LODGING ESTABLISHMENTS › Section 61C-3.0001 - Public Lodging Establishments - General (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 509.032 FS. Law Implemented
					 509.032
					 FS.
New 3-31-94, Repealed
					 7-22-96.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-3 - PUBLIC LODGING ESTABLISHMENTS › Section 61C-3.0002 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 509.032 FS. Law Implemented
					 509.211,
					 509.2112,
					 509.215,
					 509.242
					 FS.
New 3-31-94, Amended 10-9-95, Repealed
					 9-25-96.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-3 - PUBLIC LODGING ESTABLISHMENTS › Section 61C-3.0003 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) As referenced in Sections
				509.096(1) and
				509.211(5),
				F.S., and in this rule, the term "employee" means a person who is directly
				employed by a public lodging establishment and works at the licensed premises.
				The term excludes independent contractors and persons employed by a temporary
				staffing agency or employee leasing company.
(2) As referenced in Section
				509.211(5),
				F.S., the term "key" means anything that is provided to a tenant or guest for
				the specific purpose of locking or unlocking a tenant unit door or guest room
				door.
(3) As referenced in Section
				509.096(1),
				F.S., the phrase "provide annual training" means a public lodging establishment
				is required to provide yearly division-approved human trafficking awareness
				training to all employees required by statute to be trained. The training must
				initially be provided within 60 days after an employee begins employment in a
				role requiring training and provided again no later than every 365 days from
				the date the training was last provided to that same employee for as long as
				the employee remains in a role requiring training.
Rulemaking Authority
					 509.032 FS. Law Implemented
					 509.096,
					 509.211(5)
					 FS.
New 11-30-22, Amended
					 5-5-24.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-3 - PUBLIC LODGING ESTABLISHMENTS › Section 61C-3.001 - Sanitation and Safety Requirements

Current through Reg. 50, No. 138; July 16, 2024
The following requirements and standards shall be met by all
				  public lodging establishments.
(1)
				Glassware, tableware, and utensils.
(a) The
				handling, cleaning, and sanitizing of glassware, tableware, and utensils in
				public lodging establishments shall be subject to the provisions of Chapter 4,
				Food Code, as adopted by reference in Rule
				61C-1.001, F.A.C. As referenced
				in this chapter of the Food Code, the term "food establishment" shall apply to
				all public lodging establishments as defined in Chapter 509, F.S.
(b) Any public lodging establishment which
				cannot comply with this provision shall post in a conspicuous place in each
				guest room where dishware, glassware, kitchenware or utensils are provided, a
				placard or sign which contains the following statement, or its equivalent:
"NOTICE TO GUESTS: Dishware, glassware, kitchenware and/or
				  utensils have been provided in this room as a guest convenience. These items
				  have been cleaned within this room or unit using ordinary household dishwashing
				  facilities and agents. They have not been sanitized according to Federal and
				  State standards for public food service
				  establishments."
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-3 - PUBLIC LODGING ESTABLISHMENTS › Section 61C-3.0011 - Safety Establishments - General (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 509.032 FS. Law Implemented
					 509.211,
					 509.2112,
					 509.215
					 FS.
New 3-31-94, Amended 2-20-94, 7-19-95, Repealed
					 9-25-96.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-3 - PUBLIC LODGING ESTABLISHMENTS › Section 61C-3.002 - Consumer Protection Requirements

Current through Reg. 50, No. 138; July 16, 2024
The division shall consider it an unethical business practice
				  for any establishment to engage in, or knowingly permit anyone on the licensed
				  premises to engage in, any illegal, unfair or deceptive act. Such acts include
				  imposition of a charge separate and apart from, or in addition to, the room
				  rate, that is not disclosed in writing to the guest at the time of check-in;
				  failing to disclose that additional telephone surcharges are being applied
				  which exceed the user-line charges of the local telephone company; or depriving
				  an individual or party of accommodations at a public lodging establishment
				  after having prepaid reservations for said accommodations. To avoid depriving a
				  guest of a prepaid reservation for accommodations at a public lodging
				  establishment the establishment shall make every effort to find other
				  comparable accommodations; and refund all monies deposited for such reservation
				  whether deposited with the public lodging establishment, or a travel or booking
				  agent.
Rulemaking Authority
					 509.032 FS. Law Implemented
					 509.032,
					 509.2015
					 FS.
Amended 4-20-63, Revised 2-4-71, Amended 9-19-84, 6-6-85,
					 Formerly 7C-3.02, Amended 12-31-90, Formerly 7C-3.002, Amended 3-31-94,
					 9-25-96, 3-24-10.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-3 - PUBLIC LODGING ESTABLISHMENTS › Section 61C-3.006 - Unethical Business Practices (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 509.032(4) FS.
					 Law Implemented 509.032(1),
					 509.201,
					 509.2015,
					 509.214 FS., Chapter 90-339,
					 Laws of Florida.
New 4-26-84, Formerly 7C-3.06, Amended 4-28-86, 12-31-90,
					 Formerly 7C-3.006, Repealed
					 3-31-94.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-3 - PUBLIC LODGING ESTABLISHMENTS › Section 61C-3.009 - Elder or Disabled Individuals at Risk (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 509.032 FS. Law Implemented
					 415.102,
					 415.103,
					 509.032
					 FS.
New 3-31-94, Repealed
					 7-22-96.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-4 - PUBLIC FOOD SERVICE ESTABLISHMENTS › Section 61C-4.010 - Sanitation and Safety Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Food Supplies and Food Protection - Except as specifically provided in this
				rule, public food service establishments shall be subject to the provisions of
				Chapter 3, Food Code, as adopted by reference in Rule
				61C-1.001, F.A.C.
(a)
1.
				Public food service establishment operators may use DBPR Form HR 5022-090, Time
				as a Public Health Control Written Procedures (
https://www.flrules.org/Gateway/reference.asp?No=Ref-13899
),
				incorporated herein by reference and effective 2021 September, as a guide for
				written procedures to apply time only, instead of time and temperature, as a
				public health control for potentially hazardous food, as provided in Section
				3-501.19 of the Food Code, as adopted by reference in Rule
				61C-1.001, F.A.C. DBPR Form HR
				5022-090 is not required and the division will accept written procedures in
				another format as long as the written procedures contain all the necessary
				information. The written procedures must be maintained and made available in
				each food establishment at all times for use by the person in charge and for
				review by the division upon request.
2. Public food service establishment
				operators may use DBPR Form HR 5022-101, Non-continuous (Partial) Cooking
				Written Procedures (
https://www.flrules.org/Gateway/reference.asp?No=Ref-13900
),
				incorporated herein by reference and effective 2021 September, to outline the
				standard procedures and policies used to protect the health and safety of the
				public when utilizing non-continuous cooking of raw animal foods, as provided
				in Section 3-401.14 of the Food Code, as adopted by reference in Rule
				61C-1.001, F.A.C. DBPR Form HR
				5022-101 is not required and the division will accept written procedures in
				another format as long as the written procedures contain all the necessary
				information. The written procedures must be maintained and made available in
				each food establishment at all times for use by the person in charge and for
				review by the division upon request.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-4 - PUBLIC FOOD SERVICE ESTABLISHMENTS › Section 61C-4.016 - Temporary Food Service Events

Current through Reg. 50, No. 138; July 16, 2024
(1) Public
				food service establishments or food vendors at temporary food service events
				shall comply with all applicable sanitary requirements of this rule chapter and
				Rule 61C-1.004, F.A.C., unless
				otherwise provided in this section.
(2) Facilities.
(a) Specific requirements for the physical
				facility where the food service activity is to be conducted shall be based on
				the type food that is to be prepared or served, the length of the event, and
				the extent of food preparation that is to be conducted at the temporary
				facility.
(b) Overhead protection
				shall be provided at all food service operations when food is prepared or
				portioned on premises.
(c) When
				potentially hazardous food is prepared at temporary food service events of 4-30
				days in length, the physical structure where the food preparation occurs shall
				be protected from the entrance of flying insects and other
				vermin.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-5 - FLORIDA ELEVATOR SAFETY CODE › Section 61C-5.001 - Safety Standards

Current through Reg. 50, No. 138; July 16, 2024
(1) Applicability.
				The safety standards adopted herein shall apply to all elevators covered by
				Chapter 399, F.S., as follows:
(a) The
				installation, alteration, relocation, and change in classification must comply
				with Chapter 399, F.S., as well as the edition of the Florida Building Code or
				the Elevator Safety Code, in effect on the date of receipt of application for
				the permit to install, alter, relocate, or change in classification.
(b) The maintenance, repair and replacement
				must comply with the maintenance, repair and replacement requirements of the
				most recent adopted codes and the codes under which the elevator was installed,
				altered, relocated, or changed classification, as applicable.
(c) Inspections and periodic test witnessing
				must be performed in accordance with the inspection and test requirements of
				the most recent adopted codes.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-5 - FLORIDA ELEVATOR SAFETY CODE › Section 61C-5.0012 - Electrolysis Protection for Underground Hydraulic Elevator Cylinders (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 399.10 FS. Law Implemented
					 399.02
					 FS.
New 9-10-89, Formerly 7C-5.0012, Amended 4-2-08, Repealed
					 4-18-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-5 - FLORIDA ELEVATOR SAFETY CODE › Section 61C-5.0015 - Maintenance Control Programs

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Elevators must comply with the maintenance control program onsite documentation
				requirement in s. 8.6.1.2, ASME A17.1-2013, as adopted by reference in Rule
				61C-5.001, F.A.C., according to
				the following schedule based on the code under which the elevator was
				installed:
CODE UNDER WHICH INSTALLED:
DATE TO COMPLY:
ASME A17.1-2013
January 1, 2018
ASME A17.1b-2009
July 1, 2018
ASME A17.1a-2005 and ASME A17.1S-2005 (MRL
							 Supplement) ASME A17.1-2000
January 1, 2019
ASME A17.1b-1998
April 1, 2020
ASME A17.1b-1995 and earlier versions of ASME
							 A17.1
October 1, 2020
(2)
				When the maintenance control program and related documentation is maintained in
				electronic format, the elevator owner or lessee, when owner responsibilities
				are specifically assigned by lease, shall provide appropriate means for viewing
				the maintenance control program onsite.
Rulemaking Authority
					 399.02,
					 399.10 FS. Law Implemented
					 399.02
					 FS.
New 12-31-17, Amended
					 10-29-19.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-5 - FLORIDA ELEVATOR SAFETY CODE › Section 61C-5.004 - Bulletin Boards (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 399.10 FS. Law Implemented
					 399.02
					 FS.
New 5-14-79, Amended 8-1-82, Formerly 7C-5.04, Amended
					 10-31-88, 4-11-91, Formerly 7C-5.004, Amended 2-2-94, 10-4-00, 4-2-08, Repealed
					 4-18-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-5 - FLORIDA ELEVATOR SAFETY CODE › Section 61C-5.0051 - Emergency Stop Switches and In-Car Stop Switches

Current through Reg. 50, No. 138; July 16, 2024
(1) Emergency Stop Switches. Only passenger
				elevators with non-perforated enclosures, installed prior to May 14, 1979,
				shall be permitted to have an emergency stop switch in the elevator car. The
				emergency stop switch shall be located in or adjacent to the operating panel of
				the elevator car in accordance with the ASME A17.1a-2005, rule 2.26.2.5, hereby
				incorporated by reference.
(a) Exception. The
				requirements of subsection (1) of this rule shall not apply to those elevators
				whose owners have removed the emergency stop switch after receiving written
				approval from the division.
(b) An
				emergency stop switch shall be provided in the car of all freight and passenger
				elevators with a perforated enclosure, in accordance with ASME A17.1a-2005,
				rule 2.26.2.5, as incorporated by reference.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-5 - FLORIDA ELEVATOR SAFETY CODE › Section 61C-5.006 - Elevator Fees; Permits; Certificates of Operation; Delinquency Fee; Transfer of Ownership; Certificate Replacement; Accident Reporting

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) A
				registered elevator company shall apply for a permit to install, alter or
				relocate an elevator by submitting DBPR HR-7015, Application for Permit to
				Install, Alter or Relocate an Elevator and Certificate of Operation, (
https://www.flrules.org/Gateway/reference.asp?No=Ref-09062
)
				incorporated herein by reference and effective 2018 January; and DBPR HR-7023,
				Affidavit of Elevator Plans Code Compliance, (
https://www.flrules.org/Gateway/reference.asp?No=Ref-09063
)
				incorporated herein by reference and effective 2018 January, completed and
				signed by a certificate of competency holder or certified elevator inspector
				authorized by the registered elevator company making application. Any remodel,
				change to or addition of fixtures or components in the elevator cab that
				requires a test under ASME A17.1, as adopted in Rule
				61C-5.001, F.A.C., or meets the
				definition of an alteration, as defined in Section
				399.01(1),
				F.S., requires an alteration permit. A replacement, as defined in Rule
				61C-5.008, F.A.C., does not
				require an alteration permit.
1. Each
				application for a permit to install or relocate an elevator must be accompanied
				by a permit fee of $250 and the certificate of operation fee specified in
				subsection 61C-5.006(4),
				F.A.C.
2. Each application for a
				permit to alter must be accompanied by a permit fee of $200 and a list of the
				alterations to be performed under the permit.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-5 - FLORIDA ELEVATOR SAFETY CODE › Section 61C-5.007 - Certificates of Competency and License Registrations, Initial, Renewal, General Liability Insurance Coverage

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) All certificates and licenses, as
				specified in this section, expire on December 31 at 11:59 p.m. of each year
				unless renewed by the division.
(b)
				A renewal application for a certificate of competency, including fee payment,
				or an annual license registration postmarked on or after January 1 will be
				deemed delinquent. A certificate of competency or annual license registration
				resulting from a delinquent submission shall be valid from the date renewed or
				issued by the division through December 31 each year.
(c) Expired certificates and licenses are not
				valid and the certificate holder or licensee is not authorized to perform any
				work under an expired certificate or license until the division approves and
				completes a renewal.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-5 - FLORIDA ELEVATOR SAFETY CODE › Section 61C-5.008 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
When used in this rule chapter, the following terms shall
				  have these meanings:
(1) "Bureau"
				means the Bureau of Elevator Safety.
(2) "Course" means a course, seminar or other
				program of instruction approved by the department for the purpose of satisfying
				continuing education requirements established in Chapter 399, F.S.
(3) "Course hour" means fifty minutes of
				instruction, exclusive of breaks, recesses, or time not spent in
				instruction.
(4) "Course provider"
				means the person or entity approved by and registered with the department
				pursuant to this rule and who is responsible for conducting a course approved
				pursuant to this rule.
(5) "Course
				instructor" means the person appointed by the course provider to teach or
				otherwise lead an approved course.
(6) "Current satisfactory inspection" means
				an inspection completed by a certified elevator inspector on or after August 1
				of the previous year that is the most recent annual inspection conducted and
				that contains no violations.
(7)
				"Direct supervision" means a certificate of competency holder supervising an
				elevator helper as set forth in Section
				399.01(15),
				F.S., is within physical proximity of the person being directly supervised such
				that timely observation and evaluation of the work being performed is
				facilitated to ensure the work is completed in accordance with applicable
				statutory and administrative code requirements.
(8) "Major modification" as used in Section
				399.02(9),
				F.S., means any change in the type of service, motion control, or operation
				control; any alteration to the controller or the firefighters' emergency
				operation; or the addition of an elevator to an existing group of elevators as
				described in ASME A17.1, Section 8.7, as adopted by reference.
(9) "Replacement" as the term relates to
				alterations, means the removal of a device, component or subsystem in its
				entirety and installation of an equivalent device, component, or subsystem that
				performs in the same manner and does not:
(a)
				Require modification or a rating change to the existing equipment;
(b) Add new functionality;
(c) Violate any provision of Chapter 399,
				F.S., this rule, or the safety standards adopted in Rule
				61C-5.001, F.A.C.; or
(d) Require inspection, tests, and
				independent witnessing in any section of the safety standards adopted in Rule
				61C-5.001, F.A.C., other than
				Part 8 of ASME A17.1.
This definition does not include the replacement of any part
				  classified as an alteration in Section 8.6.3.10, ASME A17.1, as adopted in Rule
				  61C-5.001,
				  F.A.C.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-5 - FLORIDA ELEVATOR SAFETY CODE › Section 61C-5.0085 - Continuing Education Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Continuing Education Requirements.
(a) To
				renew a certificate of competency or a certified elevator inspector credential
				issued by the division pursuant to chapter 399, F.S., a person must submit, in
				addition to the other requirements specified in Rule
				61C-5.007, F.A.C., proof of
				completion within the current annual licensure period of 8 hours of approved
				continuing education, including at least one course hour related to safety in
				elevator construction, alteration, modification, repair or
				maintenance.
(b) A person holding
				more than one individual credential issued by the division that requires
				continuing education need only complete a total of 8 hours of continuing
				education during each annual period, but must submit proof of completion of the
				continuing education with each application submitted to the division for
				renewal of the credentials.
(c) A
				person initially certified or registered by the division 180 days or more prior
				to the renewal deadline must complete 4 hours of approved continuing education
				as a condition of renewal.
(d) A
				person initially certified or registered by the division for less than 180 days
				prior to the renewal deadline need not complete any approved continuing
				education as a condition of renewal.
(e) Continuing education credit shall be
				granted to course instructors for the first presentation of a specific approved
				continuing education course or portion thereof, on an hour for hour basis, each
				annual licensure period. To obtain continuing education credit as a course
				instructor, the instructor must provide proof of completion of the course, must
				be identified as the instructor of the course on the sign-in sheet described in
				subparagraph (5)(a)5., and the certificate described in paragraph (5)(b), and
				must be listed on the sign-in sheet as an attendee.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-5 - FLORIDA ELEVATOR SAFETY CODE › Section 61C-5.009 - Venting of Hoistways, Minimum Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 399.10 FS. Law Implemented
					 399.02
					 FS.
New 7-12-83, Formerly 7C-5.09, Amended 11-1-87, 10-31-88,
					 Formerly 7C-5.009, Amended 2-2-94, 4-2-08, Repealed
					 4-18-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-5 - FLORIDA ELEVATOR SAFETY CODE › Section 61C-5.011 - Alterations to Electric and Hydraulic Elevators and Escalators (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 399.10 FS. Law Implemented
					 399.02
					 FS.
New 2-11-92, Formerly 7C-5.011, Amended 8-1-96, 10-4-00,
					 4-2-08, Repealed 4-18-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-5 - FLORIDA ELEVATOR SAFETY CODE › Section 61C-5.013 - Service Maintenance Contracts, Reporting Requirements; and Maintenance Control

Current through Reg. 50, No. 138; July 16, 2024
(1) A service
				maintenance contract as defined by Section
				399.01(10),
				F.S., must include routine examinations and periodic safety tests and meet the
				following minimum requirements:
(a) Routine
				examinations and periodic safety tests must follow the procedures established
				by the safety standards adopted in Rule
				61C-5.001, F.A.C.
(b) Routine examinations shall be performed
				at least annually. Category 1 periodic safety tests, as defined in ASME A17.1,
				as adopted by reference in Rule
				61C-5.001, F.A.C., shall be
				performed annually. Category 5 periodic safety tests, as defined in ASME A17.1,
				as adopted by reference in Rule
				61C-5.001, F.A.C., shall be
				performed every five years. Routine examinations and periodic safety tests must
				be performed by a certified elevator technician or certified elevator
				inspector.
(c) The registered
				elevator company must make a written performance record indicating the date or
				dates of routine examinations and required testing. This performance record
				must be maintained in the elevator machine room and, available for review by
				the division or its contractual designees.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61C - Division of Hotels and Restaurants › Chapter 61C-5 - FLORIDA ELEVATOR SAFETY CODE › Section 61C-5.016 - Elevator Safety Technical Advisory Council (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 399.1061 FS. Law Implemented
					 399.10,
					 399.1061
					 FS.
New 10-19-04, Repealed
					 7-26-23.