(1) The division shall adopt, by rule, a schedule of fees to be paid by each public lodging establishment as a prerequisite to issuance or renewal of a license. Such fees shall be based on the number of rental units in the establishment. The aggregate fee per establishment charged any public lodging establishment may not exceed $1,000; however, the fees described in paragraphs (a) and (b) may not be included as part of the aggregate fee subject to this cap. Vacation rental units or timeshare projects within separate buildings or at separate locations but managed by one licensed agent may be combined in a single license application, and the division shall charge a license fee as if all units in the application are in a single licensed establishment. The fee schedule shall require an establishment which applies for an initial license to pay the full license fee if application is made during the annual renewal period or more than 6 months before the next such renewal period and one-half of the fee if application is made 6 months or less before such period. The fee schedule shall include fees collected for the purpose of funding the Hospitality Education Program, pursuant to s. 509.302, which are payable in full for each application regardless of when the application is submitted.
(a) Upon making initial application or an application for change of ownership, the applicant shall pay to the division a fee as prescribed by rule, not to exceed $50, in addition to any other fees required by law, which shall cover all costs associated with initiating regulation of the establishment.
(b) A license renewal filed with the division after the expiration date shall be accompanied by a delinquent fee as prescribed by rule, not to exceed $50, in addition to the renewal fee and any other fees required by law.
(2) The division shall adopt, by rule, a schedule of fees to be paid by each public food service establishment as a prerequisite to issuance or renewal of a license. The fee schedule shall prescribe a basic fee and additional fees based on seating capacity and services offered. The aggregate fee per establishment charged any public food service establishment may not exceed $400; however, the fees described in paragraphs (a) and (b) may not be included as part of the aggregate fee subject to this cap. The fee schedule shall require an establishment which applies for an initial license to pay the full license fee if application is made during the annual renewal period or more than 6 months before the next such renewal period and one-half of the fee if application is made 6 months or less before such period. The fee schedule shall include fees collected for the purpose of funding the Hospitality Education Program, pursuant to s. 509.302, which are payable in full for each application regardless of when the application is submitted.
(a) Upon making initial application or an application for change of ownership, the applicant shall pay to the division a fee as prescribed by rule, not to exceed $50, in addition to any other fees required by law, which shall cover all costs associated with initiating regulation of the establishment.
(b) A license renewal filed with the division after the expiration date shall be accompanied by a delinquent fee as prescribed by rule, not to exceed $50, in addition to the renewal fee and any other fees required by law.
(3) The fact that a public food service establishment is operated in conjunction with a public lodging establishment does not relieve the public food service establishment of the requirement that it be separately licensed as a public food service establishment.
(4) The actual costs associated with each epidemiological investigation conducted by the Department of Health in public food service establishments licensed pursuant to this chapter shall be accounted for and submitted to the division annually. The division shall journal transfer the total of all such amounts from the Hotel and Restaurant Trust Fund to the Department of Health annually; however, the total amount of such transfer may not exceed an amount equal to 5 percent of the annual public food service establishment licensure fees received by the division.
History.—ss. 6, 7, ch. 6952, 1915; RGS 2127, 2128; ss. 1, 2, ch. 12053, 1927; CGL 3356, 3357; ss. 9-12, ch. 16042, 1933; ss. 2, 3, ch. 17062, 1935; CGL 1936 Supp. 3356(1), 3357(1); ss. 1, 2, ch. 28276, 1953; ss. 2-5, ch. 29820, 1955; s. 1, ch. 57-272; s. 1, ch. 61-353; s. 1, ch. 63-350; ss. 1, 2, ch. 67-221; ss. 16, 35, ch. 69-106; ss. 1, 2, ch. 72-228; s. 4, ch. 75-184; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 20, 39, 42, ch. 79-240; ss. 3, 4, ch. 81-161; ss. 2, 3, ch. 81-318; ss. 27, 51, 52, ch. 90-339; s. 12, ch. 91-40; s. 4, ch. 91-429; s. 10, ch. 93-53; s. 8, ch. 96-384; s. 247, ch. 99-8; s. 3, ch. 2002-299; s. 6, ch. 2011-119; s. 6, ch. 2014-133; s. 4, ch. 2015-143.
Note.—Former ss. 511.06-511.09.
Structure Florida Statutes
Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations
Chapter 509 - Lodging and Food Service Establishments; Membership Campgrounds
Part I - Public Lodging and Public Food Service Establishments (Ss. 509.013-509.417)
509.035 - Immediate closure due to severe public health threat.
509.036 - Public food service inspector standardization.
509.039 - Food service manager certification.
509.049 - Food service employee training.
509.072 - Hotel and Restaurant Trust Fund; collection and disposition of moneys received.
509.091 - Notices; form and service.
509.098 - Prohibition of hourly rates.
509.102 - Mobile food dispensing vehicles; preemption.
509.111 - Liability for property of guests.
509.142 - Conduct on premises; refusal of service.
509.144 - Prohibited handbill distribution in a public lodging establishment; penalties.
509.151 - Obtaining food or lodging with intent to defraud; penalty.
509.161 - Rules of evidence in prosecutions.
509.162 - Theft of personal property; detaining and arrest of violator; theft by employee.
509.2015 - Telephone surcharges by public lodging establishments.
509.2112 - Public lodging establishments three stories or more in height; inspection rules.
509.213 - Emergency first aid to choking victims.
509.214 - Notification of automatic gratuity charge.
509.2151 - Dining facility firesafety requirement limitation.
509.221 - Sanitary regulations.
509.232 - School carnivals and fairs; exemption from certain food service regulations.
509.241 - Licenses required; exceptions.
509.242 - Public lodging establishments; classifications.
509.261 - Revocation or suspension of licenses; fines; procedure.
509.271 - Prerequisite for issuance of municipal or county occupational license.
509.281 - Prosecution for violation; duty of state attorney; penalties.
509.285 - Enforcement; city and county officers to assist.
509.292 - Misrepresenting food or food product; penalty.
509.302 - Hospitality Education Program.
509.4005 - Applicability of ss. 509.401-509.417.
509.401 - Operator’s right to lockout.
509.402 - Operator’s right to recover premises.
509.403 - Operator’s writ of distress.
509.404 - Writ of distress; venue and jurisdiction.
509.405 - Complaint; requirements.
509.406 - Prejudgment writ of distress.
509.407 - Writ of distress; levy of writ.
509.408 - Prejudgment writ; form; return.
509.411 - Exemptions from writ of distress.
509.412 - Writ; claims by third persons.
509.413 - Judgment for plaintiff when goods not delivered to defendant.
509.414 - Judgment for plaintiff when goods retained by or redelivered to defendant.
509.415 - Judgment for defendant when goods are retained by or redelivered to the defendant.
509.416 - Judgment for defendant when goods are not retained by or redelivered to the defendant.