Fla. Admin. Code R. 61C-1.005 – Disciplinary Guidelines

(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.
1. (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 Title 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.
2. (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 Division 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.
3. (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 Division 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.
4. (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.
5. (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.
6. (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.
(6) Standard penalties. The following guidelines shall be used in disciplinary cases, absent aggravating or mitigating circumstances and subject to the other provisions of this rule.
1. (a) Basic violation.
  1. 1st offense – Administrative fine of $150 to $300.
  2. 2nd offense – Administrative fine of $250 to $500.
  3. 3rd and any subsequent offense – Administrative fine of $350 to $1000, license suspension, or both.
2. (b) Intermediate violation.
  1. 1st offense – Administrative fine of $200 to $400.
  2. 2nd offense – Administrative fine of $375 to $750.
  3. 3rd and any subsequent offense – Administrative fine of $550 to $1,000, license suspension, or both.
3. (c) High priority violation.
  1. 1st offense – Administrative fine of $250 to $500.
  2. 2nd offense – Administrative fine of $500 to $1,000, license suspension, or both.
  3. 3rd and any subsequent offense – Administrative fine of $750 to $1,000, license suspension, or both.
4. (d) Misrepresenting food or food product.
  1. 1st offense – Administrative fine of $500 or license suspension.
  2. 2nd offense – Administrative fine of $1,000, license suspension, or both.
  3. 3rd and any subsequent offense – Administrative fine of $1,000, license suspension, or license revocation or any combination thereof.
5. (e) Obstruction of division personnel.
  1. 1st offense – Administrative fine of $500 or license suspension.
  2. 2nd offense – Administrative fine of $1,000, license suspension, or both.
  3. 3rd and any subsequent offense – Administrative fine of $1,000, license revocation, or both.
6. (f) Operating a public lodging establishment or public food service establishment without a license or with a license expired for more than 60 days.
  1. 1st offense – Administrative fine of $250 to $500.
  2. 2nd offense – Administrative fine of $500 to $1,000.
  3. 3rd and any subsequent offense – Administrative fine of $750 to $1,000.
7. (g) Operating a public lodging establishment or public food service establishment without a license resulting in an Administration Determination and Order of Closure.
  1. 1st offense – Administrative fine of $500.
  2. 2nd and any subsequent offense – Administrative fine of $1,000.
8. (h) Operating a public lodging establishment or public food service establishment in violation of an Order of Emergency Suspension of License and Closure, Emergency Order of Closure, or other emergency administrative action that prohibits operation of the establishment.
  1. 1st offense – Administrative fine of $500 to $1,000.
  2. 2nd and any subsequent offense – Administrative fine of $1,000.
9. (i) Failure to comply with the requirements of a disciplinary Final Order.
  1. 1st offense – Administrative fine of $500 and license suspension.
  2. 2nd offense – Administrative fine of $1,000 and license suspension.
  3. 3rd and any subsequent offense – License revocation.
10. (j) Finding by the Florida Commission on Human Relations resulting in a violation of Section 509.092, F.S.
  1. 1st offense – Administrative fine of $200 to $400.
  2. 2nd offense – Administrative fine of $375 to $750 and license suspension.
  3. 3rd and any subsequent offense – License revocation.
11. (k) Finding by the State Fire Marshal resulting in a violation of Section 509.215(5), F.S.
  1. 1st offense – Administrative fine of $1,000, license suspension, or license revocation or any combination thereof.
  2. 2nd offense and any subsequent offense – Administrative fine of $1,000, license suspension, or license revocation or any combination thereof.
12. (l) Finding of an agency having jurisdiction resulting in a violation of Section 509.261(5)(b), F.S.
  1. 1st offense – Administrative fine of $200 to $400.
  2. 2nd offense – Administrative fine of $375 to $750 and license suspension.
  3. 3rd and any subsequent offense – License revocation.
13. (m) Being adjudicated guilty of or having forfeited a bond when charged with any of the items listed in Section 509.261(6)(a), F.S.
  1. 1st offense – Administrative fine of $200 to $400.
  2. 2nd offense – Administrative fine of $375 to $750 and license suspension.
  3. 3rd and any subsequent offense – License revocation.
14. (n) Operating a public lodging establishment or public food service establishment that has been deemed an imminent danger to the public health and safety by the division or local health authority for failure to meet sanitation standards or the premises have been determined by the division or local authority to be unsafe or unfit for human occupancy.
  1. 1st offense – Administrative fine of $200 to $400.
  2. 2nd offense – Administrative fine of $375 to $750 and license suspension.
  3. 3rd and any subsequent offense – License revocation.
15. (o) Any violation requiring an Order of Emergency Suspension of License and Closure, as authorized by Chapter 509, F.S.
  1. 1st offense – Administrative fine of $500.
  2. 2nd offense – Administrative fine of $1,000, license suspension, or both.
  3. 3rd and any subsequent offense – Administrative fine of $1,000, license suspension, or license revocation or any combination thereof.
16. (p) Violating a provision of Section 509.103, F.S.
  1. 1st offense – Administrative fine of $500.
  2. 2nd and any subsequent offense – Administrative fine of $1,000.
17. (q) Failure to satisfy a tax warrant that has existed for more than three consecutive months (Section 213.50(3)(a), F.S.).
  1. 1st offense – License suspension.
  2. 2nd and any subsequent offense – License suspension.
18. (r) Violation of the Florida Clean Indoor Air Act, Chapter 386, Part II, F.S., shall be assessed a civil penalty in accordance with Section 386.207(3), F.S.
19. (s) Conviction of an owner or employee of a public lodging establishment or public food service establishment by another authority having jurisdiction for a violation of Section 500.451, F.S.
  1. 1st offense – License suspension.
  2. 2nd and any subsequent offense – License suspension.
(7) Aggravating or mitigating circumstances. The division may deviate from the standard penalties in paragraphs (a) through (p) of subsection (6) above, based upon the consideration of aggravating or mitigating circumstances present in a specific case. The division shall consider the following aggravating and mitigating circumstances in determining the appropriate disciplinary action to be imposed and in deviating from the standard penalties:
1. (a) Aggravating factors.
  1. Possible danger to the public.
  2. The current administrative complaint alleges six or more violations.
  3. The current administrative complaint alleges three or more violations of any high priority item.
  4. Number of Emergency Orders of Suspension or Closure against the same licensee filed with the Agency Clerk by the division within the 12 months preceding the date the current administrative complaint was issued.
  5. Actual physical damage or bodily harm caused to persons or property by the violation.
  6. The current administrative complaint alleges a violation for which the licensee was previously disciplined in a Final Order filed with the Agency Clerk by the division within the 24 months preceding the date the current administrative complaint was issued.
  7. Any other aggravating factors, as relevant under the circumstances.
2. (b) Mitigating factors.
  1. Violation resulted from a natural or manmade disaster, civil disturbance or other emergency out of the operators’ control and no corrective action was possible.
  2. Effect of the penalty upon the licensee’s livelihood.
  3. Attempts by the licensee to correct the violation.
  4. Any other mitigating factors, as relevant under the circumstances.
(8) Absent any mitigating factors, a license may be suspended for no less than two days. Absent any aggravating factors, a license may be suspended for no more than ten days. Terms of license suspensions resulting from multiple violations or Final Orders shall be applied consecutively, not concurrently.
(9) Fines resulting from multiple violations or Final Orders shall be assessed cumulatively.
(10) Notwithstanding subsection (6), license revocation may be recommended in any case or for any violation when the aggravating circumstances, licensee’s compliance history, and conditions of the public lodging establishment or public food service establishment present a significant threat to the public health, safety, and welfare.

Rulemaking Authority 455.2273, 509.032 FS. Law Implemented 213.50(3), 386.207, 500.451, 509.032, 509.092, 509.103, 509.215(5), 509.261, 509.281, 509.292 FS. History–New 6-28-09, Amended 12-28-09, 1-1-13, 5-31-15, 2-9-17, 2-10-25.