Current through Reg. 50, No. 249, December 24, 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."
(2) Kitchen and kitchen equipment -
(a) Kitchen appliances and refrigeration
equipment shall be kept clean, free from odors and in good repair.
Refrigerators shall be properly drained. Kitchens shall be ventilated to
minimize the occurrence of excessive heat, steam, condensation, vapors,
objectionable odors, smoke, and fumes. Kitchens must also have at least 10 foot
candles of light, sufficient and suitable cooking utensils, and adequate
garbage receptacles.
(b) A kitchen
sink with hot and cold running water under pressure is
required.
(3) Ice.
(a) Ice making machines shall utilize water
from an approved source pursuant to Chapters 62-550 and 62-555, F.A.C., and
shall be constructed, located, installed, operated, and maintained so as to
prevent contamination of the ice. Ice obtained from outside the establishment
shall be from a source approved under Chapter 500, F.S. Ice storage bins shall
be drained through an air gap according to the provisions of the local building
authority having jurisdiction.
(b)
Canvas containers shall not be used unless provided with a sanitary
single-service liner so as to completely protect the ice from contamination.
Ice buckets and other ice containers shall be made of a smooth, nonabsorbent,
impervious material; shall be designed to facilitate cleaning; shall be kept
clean; and shall be stored and handled in a sanitary manner. Ice buckets and
other ice containers must be cleaned and sanitized between each guest or be
provided with a sanitary single-service liner which is changed at least daily.
Between uses, ice containers used to transfer ice from ice making machines to
ice storage bins shall be stored in a way that protects the ice containers and
ice-dispensing utensils from contamination.
(c) Ice for consumer use shall be dispensed
only with scoops, tongs or other ice-dispensing utensils or through automatic
self-service, ice-dispensing equipment. Ice-dispensing utensils shall be made
of a smooth, nonabsorbent, impervious material; shall be designed to facilitate
cleaning; and shall be kept clean. Ice-dispensing utensils shall be stored on a
clean surface, attached to a nonoxidizing chain or tether, and stored inside
the ice bin or in the ice with the utensil's handle extended out of the
ice.
(4) Locks - An
approved locking device for the purposes of Section
509.211, F.S., is a locking
device that meets the requirements of chapter 10, section 1008.1.8 of the 2007
Florida Building Code: Building. Public lodging establishments as defined in
paragraph 61C-1.002(4)(a),
F.A.C., shall have at least one approved locking device which cannot be opened
by a non-master guest room key on all outside and connecting doors. An approved
locking device does not include a "sliding chain" or "hook and eye" type
device.
(5) Balcony Inspection.
(a) As provided in Section
509.2112, F.S., every public
lodging establishment which is 3 or more stories in height must submit to the
division a certificate stating that any and all balconies, platforms,
stairways, and railways have been inspected by a person who, through education
and experience, is competent to inspect multi-story buildings and found by such
person to be safe, secure, and free of defects. The term "balcony" is defined
as a landing or porch that is accessible to or used by the public and shall
include those portions of a building which are unenclosed, except by a railing,
guardrail system, balustrade, or parapet. It shall also include those portions
of a building which are enclosed by screening or other non-permanent building
material.
(b) It is the
responsibility of the operator to verify the facts and credentials establishing
the competency of the multi-story balcony inspector. Such verification shall be
clearly stated on the applicable form.
(c) Certification of inspection shall be
submitted on DBPR HR-7020, CERTIFICATE OF BALCONY INSPECTION (
http://www.flrules.org/Gateway/reference.asp?No=Ref-06411),
incorporated herein by reference and effective 2015 November 10. Copies of this
form are available from the Division of Hotels and Restaurants Internet website
www.MyFloridaLicense.com/hotels-restaurants;
by email request submitted at www2.myfloridalicense.com/DBPR/contact-us; by
phone request to the department at (850)487-1395; or upon written request to
the Department of Business and Professional Regulation, Division of Hotels and
Restaurants, 2601 Blair Stone Road, Tallahassee, Florida 32399-1011.
(d) The Certificate of Balcony Inspection
shall be valid for three years from the date the inspection was completed.
Public lodging establishments must file a new certificate with the division and
the applicable local government agency every third year. The division must
receive the new Certificate of Balcony Inspection on or before the date the
previous certificate expires.
(e)
The operator shall keep a copy of the Certificate of Balcony Inspection,
stamped with the date it was received by the district, available for inspection
upon request.
(f) Upon change of
ownership, the operator must:
1. Have a new
balcony inspection completed and file a new Certificate of Balcony Inspection;
or
2. In lieu of completing a new
balcony inspection, file a copy of the previous operator's valid Certificate of
Balcony Inspection along with a Certificate of Balcony Inspection containing
the current operator's information and signature. Choosing this option does not
extend the original three years for which the previous operator's Certificate
of Balcony Inspection was valid.
(6) Proof of Compliance with Miya's Law
Background Screenings.
(a) As provided in
Section 509.211(5),
F.S., each public lodging establishment licensed as a non-transient apartment
or transient apartment must require that each hire undergo a background
screening as a condition of employment pursuant to Section
83.515, F.S.
(b) Background screening as a condition of
employment shall apply only to new hires on or after January 1, 2023 and is not
retroactive.
(c) It is the
responsibility of each non-transient apartment or transient apartment licensee
to verify that the background screening performed meets the minimum
requirements pursuant to Section
83.515, F.S.
(d) Each non-transient apartment or transient
apartment licensee must complete the DBPR HR-7033 Proof of Compliance with
Miya's Law Background Screenings (
http://www.flrules.org/Gateway/reference.asp?No=Ref-15915),
incorporated herein by reference and effective 2023 July. Copies of this form
are available from the Division of Hotels and Restaurants Internet website at
www2.MyFloridaLicense.com/hotels-restaurants;
by e-mail request submitted at
www2.myfloridalicense.com/contactus;
by phone request to the department at (850)487-1395; or upon written request to
the Division of Hotels and Restaurants, Department of Business and Professional
Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-1011.
1. The licensee must keep a copy of the form
on the premises of the licensed establishment, readily available for inspection
upon request.
2. The form must
include a list of applicable employees with the date of hire and should be
updated as changes in staff occur.
3. Upon change of ownership, a new form must
be completed by the new licensee.
(7) Exemptions - Vacation rentals, timeshare
projects and nontransient apartments are exempt from subsection (1) of this
rule. Establishments opting to provide any of the services listed in subsection
(1) of this rule, shall comply with the requirements described herein.
Nontransient apartments are exempt from paragraph (2)(a) of this
rule.
Rulemaking Authority
509.032,
509.2112 FS. Law Implemented
509.032,
509.211,
509.2112,
509.221
FS.
New 1-20-63, Revised 2-4-71, Amended 9-19-84, Formerly
7C-3.01, Amended 12-31-90, Formerly 7C-3.001, Amended 3-31-94, 9-25-96,
1-18-98, 8-12-08, 3-24-10, 8-10-11, 4-1-13, 11-20-14, 3-6-16, 4-13-23,
10-18-23.
