Meeting Packet - Regulatory Reform Subcommittee (October 13, 2021)
Summary
A meeting packet for the Regulatory Reform Subcommittee of the Commerce Committee, The Florida House of Representatives, Chair Bob Rommel, for Wednesday, October 13, 2021. The agenda lists an update on the implementation of bills passed in the 2021 legislative session by the Department of Business and Professional Regulation. The packet contains a Division of Hotels and Restaurants overview presented by Steven von Bodungen, Director. The slides cover the division's core mission of licensing and inspections, its authority under Chapter 509 and Chapter 399, Florida Statutes, risk-based inspection frequency, and steps to implement 2021 laws.
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Regulatory Reform
Subcommittee
Wednesday, October 13, 2021
3:00 PM - 4:30 PM
Webster Hall (212 Knott)
Meeting Packet
Chris Sprowls Bob Rommel
Speaker Chair
The Florida House of Representatives
Commerce Committee
Regulatory Reform Subcommittee
Chris Sprowls Bob Rommel
Speaker Chair
Meeting Agenda
Wednesday, October 13, 2021
3:00 PM – 4:30 PM
Webster Hall (212 Knott)
I. Call to Order
II. Roll Call
III. Opening Remarks
IV. Update on the implementation of bills passed in the 2021 legislative session by the
Department of Business and Professional Regulation
V. Closing Remarks
VI. Adjournment
303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
(850) 717-4870
Department of Business
& Professional Regulation
Division of Hotels and Restaurants
Overview
House Regulatory Reform Subcommittee
October 13, 2021
Steven von Bodungen
Director, Division of Hotels and Restaurants
1
Division of Hotels & Restaurants
Core Mission: Licensing, Inspections
Food Service
- Restaurants, take-out, caterers, mobile food vehicles, temporary events
(festivals, fairs), theme park food carts and vending machines
Public Lodging
- Hotels, motels, bed and breakfasts, vacation rentals and apartments
Elevators
- Passenger conveyances including elevators, escalators, wheelchair lifts
and moving walks
do~r
lorida
De artment of Business
& /Professional Regulation 2
Division of Hotels & Restaurants
Regulatory Authority
Chapter 509, Florida Statutes
• Governs the licensing, inspection, and regulation of public lodging and public food
service establishments
61C-1, 61C-3, 61C-4, 61C-8, Florida Administrative Code
• Adopted rules governing the licensing, inspection and regulation of public lodging and
public food service establishments
Chapter 399, Florida Statutes
• Governs the licensing, inspection, and regulation of elevators, escalators and other
conveyance devices
61C-5, Florida Administrative Code
• Adopted rules governing the licensing, inspection, and regulation of elevators, escalators
and other conveyance devices
do~r
lorida
De artment of Business
& /Professional Regulation 3
Division of Hotels & Restaurants
Staffing District Office Locations
Bureau / Office Full Time Employees
Sanitation and Safety
315
Inspections
Elevator Safety 15
Field Services 15
Director’s Office 8
Total 353
4
Division of Hotels & Restaurants
Risk Based Inspection Frequency – Food Service
Inspections
Risk-Based
Description Required
Category
(Per Year)
Public food service establishments that: Do not cook raw animal food; or cook raw
Level 1 1
animal food, but do not cool any cooked/heated foods
Public food service establishments that:
Level 2 Cook raw animal food and cool any cooked/heated food; or 2
Serve a raw or undercooked animal food that requires a consumer advisory.
Public food service establishments that:
Have a history of non‐compliance (the division has taken three or more disciplinary
Level 3 3
actions over a two‐year period) or
serve a highly susceptible population (HSP)
Public food service establishments that have been identified by the Florida
Level 4 4
Department of Health in a confirmed foodborne illness
5
Division of Hotels & Restaurants
Inspection Frequency – Public Lodging
Inspections
Description Required
(Per Year)
Hotels, Motels and Bed & Breakfast Inns 2
Non-Transient Apartments 1
Vacation Rentals By Complaint
6
Division of Hotels & Restaurants
Business Licenses
Type Number of Accounts
Restaurants, Caterers, Vending 51,918
Mobile Food Dispensing Vehicles, Carts 7,366
Hotels, Motels, Bed and Breakfast 4,967
Vacation Rentals 30,801
Apartments 19,196
Elevators, escalators, lifts, moving walks 58,294
Total 172,542
7
www.myfloridalicense.com
Contact Information
Cody McCloud
Legislative Affairs Director
850-487-4827
8
Division of Alcoholic Beverages and Tobacco
Overview and Implementation Updates
House Regulatory Reform Subcommittee
October 13, 2021
Daniel McGinn
Deputy Director, Division of Alcoholic Beverages and Tobacco
1
Division Overview
The Division of Alcoholic Beverages and Tobacco(Division) licenses
the manufacturing, distribution, sale and service of alcoholic
beverage, tobacco products, and nicotine products in Florida.
Licensing Auditing Enforcement
• Processing license • Collecting and • Conducting routine
applications and auditing of the compliance
renewals. excise tax due to inspections.
the state.
• Verifying an • Conducting minimum
applicant’s • Conducting age of purchase
qualifications for compliance audits surveys.
licensure under the to ensure
Beverage Law and compliance with • Conducting criminal
chapters 210 and 569, special licensing and administrative
Florida Statutes. requirements. investigations.
________________________ ______________________ _______________________
49 FTE Positions 84 FTE Positions 188 FTE Positions
2
Beverage, Tobacco, and Nicotine Regulation in Florida
Florida Requires Licensure:
• Predominant regulatory model, the State of Florida licenses and regulates
the distribution and sale of alcoholic beverages.
Florida’s Beverage Law Creates a Three-Tier Licensing System:
• Legislation was intended to prevent vertical integration of ownership and,
in turn, prevent intemperate consumption.
Exceptions to the Three-Tier System:
• Section 561.221, F.S:
o Manufacturers of Wine: No more than three vendor licenses per
manufacturer, located on property contiguous to the winery.
o Manufacturers of Malt Beverages: No more than eight vendor licenses
at a brewery/vendor property consisting of a single complex divided by
no more than one public street or highway.
o Vendor of Malt Beverages: Single location, no more than 10,000
kegs/year.
• Section 565.03, F.S.:
o Craft Distilleries (Manufacturer of Distilled Spirits Producing 250,000 or
fewer gallons per calendar year)
3
Beverage Regulation in Florida
Local Government Authority
• The Florida Constitution states that the status of a county with respect thereto shall be
changed only by vote of the electors in a special election called upon the petition of
twenty-five per cent of the electors of the county, and not sooner than two years after
an earlier election on the same question. Where legal, the sale of intoxicating liquors,
wines and beers shall be regulated by law.
• The standards and procedures for local option elections are established in Chapter 567,
Florida Statutes.
• Nothing contained in the Beverage Law shall be construed to affect or impair the power
or right of any county or incorporated municipality of the state to enact ordinances
regulating hours of business, location of place of business, sanitary regulations, type of
entertainment and conduct permitted (consumption on premises) of any licensee under
the Beverage Law within the county or corporate limits of such municipality.
• No tax on the manufacture, distribution, exportation, transportation, importation, or sale
of such beverages shall be imposed by way of license, excise, or otherwise by any
municipality, anything in any municipal charter or special or general law to the contrary
notwithstanding. However, a portion of state license tax revenue is returned to the
county or incorporated municipality where collected.
4
Licensing Information
Annual Fee Number of
Tier
Range Licensees
Licenses are categorized
by tier and business Beverage
$500-$4000 560
model. Manufacturer
Beverage
$1000-$4000 988
Distributor
Licensing fees are
generally based on the Beverage
$25-$2500 50,507
scope of the activities Vendor
permitted and the Tobacco
population of the county $100 29
Manufacturer
where the license is
Tobacco
located. $0-$100 1,470
Distributor
Tobacco Retail
Dealer /
$0-$50 28,681
Nicotine Retail
Dealer
5
Licensing Information
Quota Limitations on Liquor Licenses
Section 561.20(1), F.S., limits the number of licenses authorized for the
sale of liquor – by the package or for consumption on the premises –
to:
1 License Per 7,500 Residents (by county)
Limitation by population does not apply to numerous special license
types, including:
Hotels/Motels Civic Center/Sports Arena
Condominium Performing Arts Center
Food Service Establishment Golf Clubs
Caterer Tennis Clubs
Culinary Education Program Fraternal Associations
Public Fair/Expo and others….
6
Licensing Information
Quota Limitations on Liquor Licenses
Section 561.19, F.S., governs procedures for issuance of new licenses when
determined to be available by increases in county population:
1 License Per 7,500 Residents (by county)
Based on Population Estimates supplied by
Office of Economic and Demographic Research
Annual Entry Period - 45 days beginning on the third Monday in August
One entry per interested party per county - $100 fee per entry
2021 Drawing Entry Period
More than 34,000 entries for 49 quota beverage licenses in 27 counties.
Drawing date to be announced upon final validation of entries.
7
Compliance Activities
In FY 20-21, the Division performed over 56,465 alcoholic beverage and
tobacco inspections, with a staff of 188 dedicated Bureau of
Enforcement employees across 12 district offices.
• Routine compliance inspections resulted in an approximate 75%
compliance rate at the time of inspection.
In FY20-21, the Division performed over 2,800 alcoholic beverage
compliance surveys to determine whether licensees were complying
with minimum age of purchase restrictions in Florida law.
• Nearly 84% of the alcohol-related compliance surveys resulted in
vendor compliance.
8
2021 Laws of Florida Implementation
Ch. 2021-166 (SB 46 – Craft Distilleries):
• Create license modifier to identify craft distilleries with vendor licenses
within Destination Entertainment Venue zones (currently none).
• Create a process to intake requests for craft distilleries to be issued
permits to sell at fairs and festivals.
• Update the Division’s website with relevant information pertaining to
changes within the new law.
• Reconfigure the Electronic Data Submission (EDS) system to allow for
reporting of newly permitted transactions.
• Provide internal training and guidance to the licensing, auditing, and
enforcement teams.
9
2021 Laws of Florida Implementation
Ch. 2021-30 (SB 148 – Beverage Law):
• Create and provide a publically available informational bulletin.
• Provide internal training and guidance to the licensing, auditing, and
enforcement teams.
• Amend rules as necessary to account for new methods of sale and
service of alcoholic beverages.
10
2021 Laws of Florida Implementation
Ch. 2021-14 (SB 1080 – Tobacco and Nicotine Products):
• Create and provide a publically available informational bulletin.
• Create a license type for Retail Nicotine Products Dealers and update Retail
Tobacco Dealer Permit form to account for the creation of the nicotine
products permit.
• Update Required Signage for permitted premises.
• Provide internal training and guidance to the licensing, auditing, and
enforcement teams.
• Update inspection forms and other documents to reflect statutory changes.
• Amend rules as necessary to account for new legal age of sale for tobacco
products and the regulation of nicotine products by the Division.
11
2021 Laws of Florida Implementation
Ch. 2021-135 (SB 1966 – Department of Business and Professional Regulation)
• Mail all impacted licensees a copy of the email requirement notice.
• Mail all tax-paying licensees information related to the mandated use of the
EDS program, and work with the small percentage that had not adopted the
program for filing purposes previously.
• Enter rulemaking to amend all applicable forms to reflect the new application
requirements related to email and right of occupancy.
• Modify the EDS system to account for all remaining statutory updates, and
modify auditing procedures for Special Food Service (SFS) licensees.
• Provide internal training and guidance to the licensing, auditing, and
enforcement teams.
• Update inspection forms and other documents to reflect statutory changes.
• Test all technology updates and amend other rules as necessary.
12
www.myfloridalicense.com
Contact Information
Cody McCloud
Legislative Affairs Director
cody.mccloud@myfloridalicense.com
850-487-4827
13
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