Lodging Violations - Word Versio

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					VIOL_TYP_CDE                REF_TEXT
01-01-2 61C-1.004(5) FAC            All fire safety, protection and prevention equipment must be installed,
approved, maintained and used in accordance with Chapter 509, FS, and the National Fire Protection
Association Life Safety Code Chapter 101, as adopted by the Division of State Fire Marshal in Chapter 4A-3,
FAC. FOR REPORTING PURPOSES ONLY.
01-02-2 61C-1.004(9)(c) FAC Fire Hose Maintenance -- Inspections shall be made every 6 months to
assure that the hose is in proper position on the racks and that all of the equipment is in place and in good
condition. The hose shall be removed and re-racked at least annually and new gaskets installed in the
couplings, both at the hose valves and at the nozzles if necessary. Where couplings are polished, care
should be taken to see that polish used does not touch fabric of hose. FOR REPORTING PURPOSES
ONLY.
01-03-2 61C-1.004(9)FAC&NFPA 10,1-5.1,3-1.4&3-5                 Fire Extinguisher Installation -- Fire extinguishers
shall be installed in accordance with NFPA 10, Standard for Portable Fire Extinguishers. [Low] hazard .
locations include guest room areas of hotels/motels, etc. [These locations shall be protected by the
installation of potable fire extinguishers with a minimum rating of] 2-A10BC provided for each 3000 square
feet of floor space on each level and installed so that the travel distance to any extinguisher shall not exceed
75 feet. On each floor level, the area protected and the travel distances shall be based of fire extinguishers
installed in accordance with Tables 3-2.1 and 3-3.1. FOR REPORTING PURPOSES ONLY.
01-05-2 NFPA 10, 1-6.10             Fire extinguishers shall not be obscured or obstructed from view. Except in
large rooms and in certain locations where visual obstruction can not be completely avoided, a means shall
be provided to indicate location. FOR REPORTING PURPOSES ONLY.
01-06-2 NFPA 10,1-6.5 Cabinets housing fire extinguishers shall not be locked. Except locked cabinets
may be used provided they include means of emergency access. FOR REPORTING PURPOSES ONLY.
01-07-2 NFPA 10,1-6.10 Fire extinguishers having a gross weight not exceeding 40 LB.shall be installed so
that the top of the fire extinguisher is not more than 5 ft. above the floor. Fire extinguishers having a gross
weight greater than 40 LB (except wheeled type) shall be so installed that the top of the fire extinguisher is
not more than 31/2 ft. above the floor. In no case shall the clearance between the bottom of the fire
extinguisher and the floor be less than 4 inches. FOR REPORTING PURPOSES ONLY.
01-09-2 NFPA 10,1-6.2 Portable extinguishers shall be maintained in a fully charged and operable
condition. FOR REPORTING PURPOSES ONLY.
01-10-2 NFPA 10, 4-4.1 Fire extinguishers shall be subjected to maintenance not more than one year apart.
FOR REPORTING PURPOSES ONLY.
01-11-2 61C-1.004(9)(b) FAC A standard state approved service tag shall be attached to each
extinguisher and a person holding a valid state permit issued by the State Fire Marshal shall recharge or
inspect the extinguisher and shall prepare the tag to include the information required by rule 4A-21.241,
FAC, herein adopted by reference. FOR REPORTING PURPOSES ONLY.
01-13-2 4A-21.241(2) FAC            (2) Internal Record Tags, 6-year Maintenance. (a) An internal record tag
shall be provided each time an extinguisher is opened for any type of service or for any purpose. The
following types of extinguishers are excepted from this requirement: carbon dioxide extinguishers;
halogenated vaporizing liquid fire extinguishers; external cartridge operated extinguishers; and extinguishers
containing water. (b) The approved standard internal record tag shall be at least 1/2" x 3" on durable
material either white or yellow in color with a pressure sensitive adhesive backing conforming to the
standards of U.L. No. 969. (c) Internal record tags shall bear the following information: 1. Permit number of
the person who performed the service. 2. Day, month and year that the service was performed.(d) A new
internal record tag shall be provided for an extinguisher each time internal service is performed for any
purpose. (e) Internal record tags shall be affixed in the following manner: 1. Any tag previously attached
shall be removed prior to affixing a new tag. 2. The area to which the tag is to be adhered shall be cleaned
to remove all residue of any kind, including old adhesive from a previously attached tag. FOR REPORTING
PURPOSES ONLY.
01-15-2 NFPA 25, 3-2.1 Inspection. Components of standpipe and hose systems shall be visually inspected
[annually] or as specified in Table 3-1. FOR REPORTING PURPOSES ONLY.
01-19-2 NFPA 25, 3-3.1.1            Flow Tests. A flow test shall be conducted at the hydraulically most remote
hose connection of each zone of a standpipe system to verify the water supply still adequately provides the
design pressure at the required flow. Where a flow test of the hydraulically most remote outlet(s) is not
practical, the authority having jurisdiction shall be consulted for the appropriate location for the test. A flow
test shall be conducted every 5 years. FOR REPORTING PURPOSES ONLY.
01-21-2 NFPA 25, 3-3.1.3           Standpipes, sprinkler connections to standpipes, or hose stations equipped
with pressure reducing valves or pressure regulating valves shall have these valves inspected, tested, and
maintained in accordance with the requirements of Chapter 9. FOR REPORTING PURPOSES ONLY.
01-22.12           NFPA 25, 3-3.1.4         A main drain test shall be performed on Class II or III standpipe
systems in accordance with the requirements of Chapter 9. The test shall be performed at the low point
drain for each standpipe or the main drain test connection where the supply main enters the building (when
provided). Pressure gauges shall be provided for the test and shall be maintained in, accordance with 2-3.2.
FOR REPORTING PURPOSES ONLY.
01-22.22           NFPA 25, 3-2.3 and 3-3 Table 3-2.3 shall be used for the inspection, testing, and
maintenance of all classes of standpipe and hose systems. Testing. The tests shall be conducted by a
qualified person. (See Section 1-5.) FOR REPORTING PURPOSES ONLY.
01-23-2 NFPA 25, 3-2.2 Checkpoints and corrective actions outlined in Table 3-2.3 shall be followed to
determine that components are free of corrosion, foreign material, physical damage, tampering, or other
conditions that could prevent operation. FOR REPORTING PURPOSES ONLY.
01-24-2 NFPA 25, 3-3.2.2           Hydrostatic Tests. Hydrostatic tests at not less than 200-psi pressure for 2
hours, or at 50 psi in excess of the maximum pressure, where maximum pressure is in excess of 150 psi,
shall be conducted every 5 years on dry standpipe systems and dry portions of wet standpipe systems.
FOR REPORTING PURPOSES ONLY.
01-26-2 NFPA 25, 3-3.3 Alarm Devices. Where provided, waterflow alarm and supervisory devices shall be
tested on a quarterly basis. FOR REPORTING PURPOSES ONLY.
01-28.22           NFPA 25, 1-8 Records. Records of inspections, tests and maintenance of the system and
its components shall be made available to the authority having jurisdiction upon request. Typical records
include, but are not limited to, valve inspections; flow, drain, and pump tests; and trip tests of dry pipe,
deluge, and preaction valves. FOR REPORTING PURPOSES ONLY.
01-30-2 NFPA 10, 5-2 Frequency. At intervals not exceeding those specified in Table 5-2, fire
extinguishers shall be hydrostatically tested. FOR REPORTING PURPOSES ONLY.
01-31-2 69A-21.241(1) FAC          Standard Service Tags, Specifications. (1) Service Tags, Annual
Maintenance. (a) Approved standard service tags shall meet the following specifications and shall be
arranged as indicated in Figure "A." In lieu of using the standard "tie-on" type service tag, a pressure
sensitive label or decal meeting the same specifications as indicated in Figure A may be used. Tags,
pressure sensitive labels or decals may be printed or otherwise established for any number of years not in
excess of five years. (b) Approved standard service tags, pressure sensitive labels or decals shall bear the
following information: 1. Do Not Remove. 2. Serial Number of Extinguisher. 3. Name of person who
performed the service on the extinguisher. Initials area not acceptable. 4. Permit number of the person who
serviced the extinguisher. 5. Indicate the type of service performed. 6. Indicate the type of extinguisher
involved. 7. Indicate the month and the year that the service was performed by means of perforation so that
only the specific month is indicated. (c) For standard service tags, pressure sensitive labels or decals, the
printing may be any color. (d) The size of the service standard tags, pressure sensitive labels or decals
shall be a minimum size of no less than 2 1/2 inches and no greater than 3 inches by no less than 5 1/4
inches and no greater than 5 3/4inches. (e) A new tag, pressure sensitive label or decal shall be attached to
the portable fire extinguisher each time a service is performed. (f) The name, street address and telephone
number of the company or organization performing said service must be printed on the front center section
of the service tag, pressure sensitive label or decal. (g) The remainder of the space available on the tag
shall contain no erroneous, false, or misleading statements. FOR REPORTING PURPOSES ONLY.
01-32-2 69A-21.245          Hydrostatic Tests; Record Tag. The hydrostatic test record tag shall remain
adhered to the extinguisher for the required period of time. It shall not corrode. It shall remain legible for the
duration of the performed hydrotest interval. FOR REPORTING PURPOSES ONLY.
01-34-2 69A-43.011 FAC             Standpipe and Hose Systems. Standpipe and hose systems are required
for all transient public lodging establishments, timeshare units or timeshare plans which are located in
buildings exceeding 50 feet in height or in buildings over six stories high which have a complete automatic
sprinkler system. The standpipe and hose systems shall comply with the provisions of NFPA 14, the edition
as adopted in Rule 69A-3.012, FAC. Both Standpipe and hose are required for those buildings which do not
have sprinkler systems. A standpipe with no hose, but hose connections, is required for those buildings
which do have sprinkler systems. FOR REPORTING PURPOSES ONLY.
02-02-2 61C-1.004(7) FAC         Attics, basements, boiler rooms, meter rooms, laundry rooms, and storage
rooms shall be kept clean and free of debris and flammables. FOR REPORTING PURPOSES ONLY.
02-03-2 61C-1.004(8) FAC         Flammable materials inside an establishment shall be stored in approved-
type containers (maximum size 5 gallons) and in such a manner as to prevent a fire hazard. FOR
REPORTING PURPOSES ONLY.
02-04-2 NFPA 58, 3-4.9.2         [LP Gas] Containers having water capacities greater than 21/2 pounds
(1kg) shall not be located on balconies above the first floor that are attached to a multiple family dwelling of
3 or more living units one above the other. Exception: Where such balconies are served by outside
stairways and where only such stairways are used to transport the container. FOR REPORTING
PURPOSES ONLY.
02-05-2 61C-1.004(10) FAC        Means of access must be maintained free of fire hazards. FOR
REPORTING PURPOSES ONLY.

03-01 509.215(2) FS Any public lodging establishment, as defined in this chapter, which is of three stories
or more and for which the construction contract was let before October 1, 1983, shall be equipped with: (a)
A system which complies with subsection (1); or (b) An approved sprinkler system for all interior corridors,
public areas, storage rooms, closets, kitchen areas, and laundry rooms, less individual guest rooms, if the
following conditions are met: 1. There is a minimum 1-hour separation between each guest room and
between each guest room and a corridor. 2. The building is constructed of noncombustible materials. 3.
The egress conditions meet the requirements of s. 5-3 of the Life Safety Code, NFPA 101. 4. The building
has a complete automatic fire detection system which meets the requirements of NFPA-72A and NFPA-72E,
including smoke detectors in each guest room individually annunciating to a panel at a supervised location.
03-02 61C-1.004(5)FAC All fire safety, protection and prevention equipment must be installed, approved,
maintained and used in accordance with Chapter 509, FS and the National Fire Protection Association Life
Safety Code Chapter 101, as adopted by the Division of State Fire Marshal in Chapter 4A-3, FAC.
03-03 NFPA 25, 2-1 The minimum requirements for the routine inspection, testing, and maintenance for
sprinkler systems [is found] in Table 2-1
03-04 NFPA 25, 1-8 Records. Records of inspections, tests, and maintenance of the system and its
components shall be made available to the authority having jurisdiction upon request. Typical records
include, but are not limited to, valve inspections; flow, drain, and pump tests; and trip tests of dry pipe,
deluge, and preaction valves.
03-06 NFPA 25, 2-1.1 Sprinklers shall be inspected from the floor level annually. Sprinklers shall be free
of corrosion, foreign materials, paint, and physical damage and shall be installed in the proper orientation
(e.g., upright, pendant, or sidewall). Any sprinkler shall be replaced that is painted, corroded, damaged,
loaded, or in the improper orientation.
03-07 NFPA 25, 2-1.2 Unacceptable obstructions to spray patterns shall be corrected.
03-08 NFPA 25, 2-2.6 Alarm devices shall be inspected quarterly to verify that they are free of physical
damage.
03-09 NFPA 13, 4-5.5.3 and 5-5.6 Continuous or noncontinuous obstructions that interrupt the water
discharge in a horizontal plane more than 18 inches below the sprinkler deflector in a manner to limit the
distribution from reaching the protected hazard shall comply with this section. The clearance between the
deflector and the top of storage shall be 18 inches or greater.
03-11 NFPA 25, 2-4.1.4 A supply of spare sprinklers (never less than 6) shall be stored in a cabinet on the
premises for replacement purposes. A minimum of two sprinklers of each type and temperature rating
installed shall be provided.
03-12 NFPA 25, 2-4.1.6 A special sprinkler wrench(es) shall be provided and kept in the cabinet to be
used in the removal and installation of sprinklers. A sprinkler wrench(es) shall be provided for each type of
sprinkler installed.
03-13 NFPA 25, Test results shall be recorded and retained for comparison purposes in accordance with
Section 1-8. All time delay intervals associated with the pump's starting, stopping, and energy source
transfer shall be recorded.
03-14 NFPA 25, 5-3.3.1 An annual test of each pump assembly shall be conducted under minimum,
rated, and peak flows of the fire pump by controlling the quantity of water discharged through approved test
devices. This test shall be conducted as described in 5-3.3.1(a),(b), or (c). [Exception: If available suction
supplies do not allow flowing of 150 percent of the rated pump capacity, the fire pump shall be operated at
maximum allowable discharge. This reduced capacity shall not constitute a noncompliance test.]
03-15 NFPA 25, 5-5.1 A preventative maintenance program shall be established on all components of the
pump assembly in accordance with the manufacturer's recommendations. Records shall be maintained on
all work performed on the pump, driver, controller, and auxiliary equipment. In the absence of
manufacturer's recommendations for preventative maintenance, Table 5-5.1 provides alternative
requirements.
03-16 NFPA 25, 5-3.2.1 and 5-3.2.2 and 5-3.2.3 A weekly test of electric motor-driven pump assemblies
shall be conducted without flowing water. This test shall be conducted by starting the pump automatically.
The pump shall run a minimum of 10 minutes. [Exception: The circulating valve or pressure relief valve
shall be permitted to discharge water.] A weekly test of diesel engine-driven pump assemblies shall be
conducted without flowing water. This test shall be conducted by starting the pump automatically, and the
pump shall run a minimum of 30 minutes. [Exception: Where installed, the circulating relief valve shall be
permitted to discharge water.] A weekly test of steam turbine-driven pump assemblies shall be conducted.
03-17 NFPA 25, 5-1.3 The pump assembly auxiliary equipment shall include: (a) Pump accessories, 1.
Pump shaft coupling, 2. Automatic air release valve, 3. Pressure gauges, 4. Circulation relief valve (not used
in conjunction with diesel engine drive with heat exchange). (b) Pump test device(s) (c) Pump relief valve
and piping (where maximum pump discharge pressure exceeds the rating of the system components or the
driver is of variable speed) (d) Alarm sensors and indicators (e) Right-angle gear sets (for engine-driven
vertical shaft turbine pumps) (f) Pressure maintenance (jockey) pump and accessories.
03-18 NFPA 25, 5-3.5.4 The pump shall be capable of supplying the maximum system demand.
03-19-1 69A-46.041(2) FAC Each system that has been inspected, tested, or maintained by a fire protection
contractor, or his or her designated inspector, shall have a record tag of durable and weather resistant
material placed on the riser or control device. The tag at Figure A shall include the following: (a) Name,
address and contractor license number of company. (b) Date of inspection and type of inspection. (c)
Inspected by [name]. (d) The tag shall state For more information see the inspection report. (e) The tag
shall state Do not remove by order of the State Fire Marshal. (f) The tag shall be approximately 3.5 inches
by 5.5 inches.

04-01-2 61C-1.004(5)FAC            All fire safety, protection and prevention equipment must be installed,
approved, maintained and used in accordance with Chapter 509, FS and the National Fire Protection
Association Life Safety Code Chapter 101, as adopted by the Division of State Fire Marshal in Chapter 4A-3,
FAC. FOR REPORTING PURPOSES ONLY.
04-02-2 NFPA 72, NFPA 101, and 4A-43.009 FAC                   Transient lodging establishments: Each sleeping
and living area shall be protected by the installation of single station smoke detectors powered from the
building electrical system. FOR REPORTING PURPOSES ONLY.
04-05-2 NFPA 101, 19-3.4.4.1 Non-transient lodging establishments: Each non-transient lodging
establishment shall be protected by the installation of single station smoke detectors powered by the
building electrical supply installed in such a way as to provide clear signaling to the sleeping areas. Battery
powered smoke detectors are permitted in those establishments that are three stories or less in height with
direct access to the outside, from each living unit. FOR REPORTING PURPOSES ONLY.
04-06-2 NFPA 72,5-3.4.3.1          Spot-type smoke detectors shall be located on the ceiling not less than 4 in.
(100mm) from the sidewall to the near edge or, where on the sidewall, between 4 in. and 12 in. (100mm and
300 mm) down from the ceiling to the top of the detector. (See figure A-5-2.2.1) Exception No. 1: See 5-
1.4.5. Exception No. 2: See 5-3.4.6 FOR REPORTING PURPOSES ONLY.
04-10-2 NFPA 72 7-3.2 and TABLE 7-3.2                 Testing shall be performed in accordance with the
schedules in Chapter 7 or more often if required by the authority having jurisdiction. If automatic testing is
performed at least weekly by a remotely monitored fire alarm control unit specifically listed for the
application, the manual testing frequency shall be permitted to be extended to annual. Table 7-3.2 shall
apply. All components must be tested upon acceptance and at least annually. FOR REPORTING
PURPOSES ONLY.
04-11-2 NFPA 72, 7-4.1 Fire alarm system equipment shall be maintained in accordance with the
manufacturer's instructions. The frequency of maintenance shall depend on the type of equipment and the
local ambient conditions. FOR REPORTING PURPOSES ONLY.
04-13-2 NFPA 72, 7-5.2.2           A permanent record of all inspections, testing, and maintenance shall be
provided that includes the following information of periodic tests and all applicable information requested in
Figure 7-5.2.2. (a) Date; (b) Test frequency; (c) Name of property; (d) Address; (e) Name of person
performing inspection, maintenance, tests, or combination thereof, and affiliation, business address, and
telephone number; (f) Name, address, and representative of approving agency(ies); (g) Designation of the
detector(s) tested; (h) Functional test of detectors; (i) Functional test of required sequence of operations; (j)
Check of all smoke detectors; (k) Loop resistance for all fixed-temperature line-type heat detectors; (l) Other
tests as required by equipment manufacturers; (m) Other tests as required by the authority having
jurisdiction; (n) Signatures of tester and approved authority representative; (o) Disposition of problems
identified during testing (e.g., owner notified, problem, corrected/successfully retested, device abondoned in
place). FOR REPORTING PURPOSES ONLY.

05-01 509.215(6)FAC Specialized smoke detectors for the deaf and hearing-impaired shall be made
available upon request by guests in public lodging establishments at a rate of at least one such smoke
detector per 50 dwelling units or portion thereof, not to exceed five such smoke detectors per public lodging
facility.
05-02 61C-1.004(5)FAC All fire safety, protection and prevention equipment must be installed, approved,
maintained and used in accordance with Chapter 509, FS and the National Fire Protection Association Life
Safety Code Chapter 101, as adopted by the Division of State Fire Marshal in Chapter 4A-3, FAC.
05-03 61C-1.004(9)(e)FAC Specialized smoke detectors for the deaf and hearing-impaired shall be made
available upon request by guests in transient public lodging establishments without charge. Failure of the
operator to inform any employee charged with registering guests of the location of such detector constitutes
failure to make such detectors available.
05-05-1 69A-43.009 (2) FAC Specialized smoke detectors for the deaf and hearing-impaired as required by
sub-section (6) of Section 509.215, FS, shall be listed by a nationally recognized testing laboratory for the
intended use, and shall: (a) Have a visual signaling appliance which has an effective intensity rating of at
least 100 candela; and (b) Be listed by a nationally recognized testing laboratory for the particular purpose of
alerting the deaf and hearing impaired in the event of a fire.

06-01-2 61C-1.004(6) FAC           All building structural components, attachments and fixtures shall be kept
free of obstructions. FOR REPORTING PURPOSES ONLY.
06-02-2 61C-1.004(10) FAC          Means of access must permit unobstructed travel at all times and be
maintained free of obstructions. FOR REPORTING PURPOSES ONLY.
06-03-2 61-C1.004(10) FAC          Adequate means of exit shall be provided pursuant to NFPA 101. FOR
REPORTING PURPOSES ONLY.
06-04-2 61-C1.004(10) FAC          Exits shall be clearly marked with approved illuminated exit signs. FOR
REPORTING PURPOSES ONLY.
06-05-2 NFPA 101, 30-3.6.2         Each guest room that opens onto an interior corridor shall have a fire
protection minimum 20 minute rating. FOR REPORTING PURPOSES ONLY.
06-06-2 NFPA 101, 30-3.6.3         Each guest room door that opens onto an interior corridor shall be self-
closing and shall meet the requirements of [NFPA]30, 17-3.6.2. FOR REPORTING PURPOSES ONLY.
06-07-2 NFPA 101, 28-7.4.1         [Transient Establishments - Fire Evacuation Requirements] A floor diagram
reflecting the actual floor arrangement, exit locations, and room identification shall be posted in a location
and manner acceptable to the authority having jurisdiction on or immediately adjacent to every guest room
door in hotels and should be oriented with the actual direction to the exits. FOR REPORTING PURPOSES
ONLY.
06-08-2 NFPA 101, 19-7.1           [Nontransient Establishments - Fire Evacuation Requirements] Emergency
instructions shall be provided to each living unit on a yearly basis indicating the location of alarms, egress
paths, and actions to be taken, both in response to a fire in the living unit and in response to the sounding of
the alarm system. FOR REPORTING PURPOSES ONLY.
06-09-2 NFPA 101, 28-2.9 and 29-2.9 Emergency Lighting: Emergency lighting in accordance with
Section 7.9 shall be provided in all buildings with more than 25 rooms. FOR REPORTING PURPOSES
ONLY.
06-10-2 NFPA 101,30-2.9 and 31.2.9          Emergency lighting in accordance with Section 7-9 shall be
provided in all buildings with more than 12 dwelling units or more than three stories in height. Exception:
Where every dwelling unit has a direct exit to the outside of the building at grade level. FOR REPORTING
PURPOSES ONLY.
06-11-2 NFPA 101, 7.9.2.2          The emergency lighting system shall be arranged to provide the required
illumination automatically. FOR REPORTING PURPOSES ONLY.
06-16-2 NFPA 101, 7-2.2.5.4         Stairs serving five or more stories shall be provided with signage within the
enclosure at each floor landing. The signage shall indicate the floor level, the terminus of the top and
bottom of the stair enclosure, and the identification of the stair. The signage also shall state the floor level
of, and the direct to, exit discharge. The signage shall be inside the enclosure, located approximately 5 ft
above the floor landing in a position that is readily visible when the door is in the open or closed position.
FOR REPORTING PURPOSES ONLY.
06-18-2 NFPA 101, 7.2.1.5.4         A latch or other fastening device on a door shall be provided with a
releasing device having an obvious method of operation and that is readily operated under all lighting
conditions. The releasing mechanism for any latch shall be located not less than 34 in. (86 cm), and not
more than 48 in. (122 cm), above the finished floor. Doors shall be operable with not more than one
releasing operation. [Exception No. 1: Egress doors from individual living units and guest rooms of
residential occupancies shall be permitted to be provided with devices that require not more than one
additional releasing operation, provided that such device is operable from the inside without the use of a key
or tool and is mounted at a height not exceeding 48 in. (122 cm) above the finished floor. Existing security
devices shall be permitted to have two additional releasing operations. Existing security devices other than
automatic latching devices shall not be located more than 60 in. (152 cm) above the finished floor.
Automatic latching devices shall not be located more than 48 in. (122 cm) above the finished floor.
Exception No. 2: The minimum mounting height for the release mechanism shall not be applicable to
existing installations.] FOR REPORTING PURPOSES ONLY.
06-19-2 NFPA 101, 7.2.1.5.1         Doors shall be arranged to be opened from the egress side whenever the
building is occupied. Locks, if provided, shall not require the use of a key, a tool, or special knowledge or
effort for operation from the egress side. [Exception No. 1: This requirement shall not apply where
otherwise provided in Chapters 18 through 23. Exception No. 2: Exterior doors shall be permitted to have
key-operated locks from the egress side, provided that the following criteria are met: (a) Permission to use
this exception is provided in Chapters 12 through 42 for the specific occupancy. (b) On or adjacent to the
door, there is a readily visible, durable sign in letters not less than 1 in. (2.5 cm) high on a contrasting
background that reads as follows: THIS DOOR TO REMAIN UNLOCKED WHEN THE BUILDING IS
OCCUPIED (c) The locking device is of a type that is readily distinguishable as locked. (d) A key is
immediately available to any occupant inside the building when it is locked. Exception No. 2 shall be
permitted to be revoked by the authority having jurisdiction for cause. Exception No. 3 Where permitted in
Chapter 12 through 42, key operation shall be permitted, provided that the key cannot be removed when the
door is locked from the side from which egress is to be made.] FOR REPORTING PURPOSES ONLY.
06-20-2 61C-1.004(5)FAC             All fire safety, protection and prevention equipment must be installed,
approved, maintained and used in accordance with Chapter 509, FS and the National Fire Protection
Association Life Safety Code Chapter 101, as adopted by the Division of State Fire Marshal in Chapter 4A-3,
FAC. FOR REPORTING PURPOSES ONLY.
06-21-2 69A-43.018(6) FAC           Battery powered emergency lighting shall be provided for a period of not
less than (1) hour to illuminate the primary exit. The emergency lighting shall provide illumination
automatically in the event of any interruption of normal lighting. FOR REPORTING PURPOSES ONLY.

07-01-2 61C-1.004(11)FAC           Electrical wiring - To prevent fire or injury, defective electrical wiring shall be
replaced and wiring shall be kept in good repair. FOR REPORTING PURPOSES ONLY.
07-02-2 61C-1.004(11) FAC          No extension cords shall be used except during cleaning, maintenance and
other temporary activities. FOR REPORTING PURPOSES ONLY.
07-03-2 61C-1.004(11) FAC          Only a wall switch or approved pull cord shall be permitted in bathrooms.
FOR REPORTING PURPOSES ONLY.
07-04-2 61C-1.004(11)FAC           In accordance with the provisions of NFPA 70, the National Electrical Code,
as adopted by the Division of State Fire Marshal in Chapter 4A03, FAC, Uniform Fire Safety Rules and
Standards, sufficient electrical outlets shall be provided. FOR REPORTING PURPOSES ONLY.
07-05-2 NFPA 70, 110.32            Sufficient space shall be provided and maintained about electrical
equipment to permit ready and safe operation and maintenance of such equipment. In all cases, the work
space shall be adequate to permit at least a 90-degree opening of t. FOR REPORTING PURPOSES ONLY.
07-06-2 NFPA 70, 300-31            Suitable covers shall be installed on all boxes to prevent accidental contact
with energized parts or physical damage to parts or insulation. FOR REPORTING PURPOSES ONLY.
07-08-2 NFPA 70, 110-12(a)         Unused openings in boxes or housings shall be effectively closed to afford
protection substantially equivalent to the wall of the equipment. FOR REPORTING PURPOSES ONLY.
07-09-2 NFPA 70, 240-80           Circuit breakers shall be tripfree and capable of being closed and opened
by manual operation. FOR REPORTING PURPOSES ONLY.
07-10-2 509.032(d)        Duties. The division shall adopt and enforce sanitation rules consistent with law to
ensure the protection of the public from food-borne illness in those establishments licensed under this
chapter. These rules shall provide the standards and requirements for obtaining, storing, preparing,
processing, serving, or displaying food in public food service establishments, approving public food service
establishment facility plans, conducting necessary public food service establishment inspections for
compliance with sanitation regulations, cooperating and coordinating with the Department of Health in
epidemiological investigations, and initiating enforcement actions, and for other such responsibilities
deemed necessary by the division. The division may not establish by rule any regulation governing the
design, construction, erection, alteration, modification, repair, or demolition of any public lodging or public
food service establishment. It is the intent of the Legislature to preempt that function to the Florida Building
Commission and the State Fire Marshal through adoption and maintenance of the Florida Building Code and
the Florida Fire Prevention Code. The division shall provide technical assistance to the commission and the
State Fire Marshal in updating the construction standards of the Florida Building Code which govern public
lodging and public food service establishments. Further, the division shall enforce the provisions of the
Florida Building Code and the Florida Fire Prevention Code which apply to public lodging and public food
service establishments in conducting any inspections authorized by this part. FOR REPORTING
PURPOSES ONLY.

08-02 61C-1.004(7)FAC Boiler rooms shall be kept clean and free of debris and flammables
08-03 61C-1.004(12) FAC The insurance inspector's boiler report is required annually for power boilers
and high pressure/high temperature boilers and biannually for low pressure steam or vapor heating boilers
and shall be posted in the boiler room. The provisions of this section do not apply to the common areas of
resort condominiums.
08-04 509.211 (5) FS Every enclosed space or room that contains a boiler regulated under chapter 554
which is fired by the direct application of energy from the combustion of fuels and that is located in any
portion of a public lodging establishment that also contains sleeping rooms shall be equipped with one or
more carbon monoxide sensor devices that bear the label of a nationally recognized testing laboratory and
have been tested and listed as complying with the most recent Underwriters Laboratories, Inc,. Standard
2034, or its equivalent, unless it is determined that carbon monoxide hazards have otherwise been
adequately mitigated as determined by the division.
09-01 509.221(3)FS Each establishment licensed under this chapter shall be properly lighted and shall be
operated with strict regard to the health,comfort, and safety of the guests. Such proper lighting shall be
construed to apply to both daylight and artificial light
09-02 61C-1.004(2)(a)FAC Bathrooms shall provide at least 20 foot candles of light. [Exception--61C-
1.004(2)(e) FAC: Resort condominiums, nontransient establishments and resort dwellings are exempt from
the provisions of this subsection.]
09-03 61C-1.04(10)FAC Halls, entrances and stairways shall be well-lighted day and night.
09-03 61C-1.04(10)FAC Halls, entrances and stairways shall be well-lighted day and night.
09-04 61C-3.001(4)FAC Kitchens must also have at least 10 foot candles of light
10-01 61C-1004(12)FAC Each establishment licensed under this chapter shall be properly heated, cooled
and shall be operated with strict regard to the health, comfort, and safety of the guests
10-02 61C-1.04(10)FAC Heating and ventilation - The heating system shall be kept in good repair or be
installed to maintain a minimum of 68 degrees Fahrenheit throughout the building .
11-01 509.211(3)FS (a) It is unlawful for any person to use within any public lodging establishment any
fuel-burning wick-type equipment for space heating unless such equipment is vented so as to prevent the
accumulation of toxic or injurious gases or liquids. (b) Any person who violates the provisions of paragraph
(a) is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
11-02 61C-1.004(13)FAC All appliances, including water heaters using gas, shall be kept in good repair
and shall meet the following requirements: (a) All appliances shall have a nationally recognized testing
laboratory seal such as AGA or UL seal. (b) Heating appliances shall be properly sized in BTU input for
room air space. Proper sizing of heating appliances shall be determined in accordance with the provisions
of NFPA 54, the National Fuel Gas Code, as adopted by the Division of State Fire Marshal in Chapter 4A-43
FAC, for public lodging establishments.
12-01 509.211(4) FS Each public lodging establishment that is three or more stories in height must have
safe and secure railings on all balconies, platforms, and stairways, and all such railings must be properly
maintained and repaired. The division may impose administrative sanctions for violations of this subsection
pursuant to s. 509.261.
12-02 61C-1.004(6)FAC All building structural components, attachments and fixtures shall be kept in good
repair
12-03 61C-1.004(10)FAC Hand rails shall be installed on all stairways and guard rails around all porches
and steps.
12-04 NFPA 101, 5-2.2.4.6(c) Open guards shall have intermediate rails or an ornamental pattern such
that a sphere 4 inch (10.1 cm) in diameter cannot pass through any opening. [Exception No.3 to (c):
Approved existing open guards.]
12-06 61C-3.001(11)(a)FAC As provided in section 509.2112, FS, every public lodging establishment
which is 3 or more stories in height, or which has a vertical distance of 17 feet or more from the lowest grade
level to any balcony must submit to the division a certificate stating that any and all balconies, 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.
12-07 61C-3.001(11)(c)FAC 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 application form.
12-09 61C-3.001(11)(d) FAC The certificate shall be received by the division and the applicable local
governmental agency or office from hotels and motels on or before January 1 of every third year and from
other public lodging establishments on or before October 1 of every third year.
12-10 61C-3001(11)(e)FAC 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.
12-11 61C-3.001(11)(f)FAC Upon change of ownership, a new certificate of balcony inspection shall be
filed.
13-01 61C-1.004(6)FAC All building structural components, attachments and fixtures shall be kept in good
repair, clean and free of obstructions.
13-02 61C-1.004(10)FAC Hall and stair runners shall be kept in good condition
13-04 61C-1.004(2)(a)FAC The walls, ceilings, and floors of all bathrooms shall be kept in good
condition.[Exempition--61C-1.004(2)(e)FAC: Resort condominiums, nontransient establishments and resort
dwellings are exempt from the provisions of this subsection.]
14-01 509.211(1)FS Each bedroom or apartment in each public lodging establishment shall be equipped
with an approved locking device on each door opening to the outside, to an adjoining room or apartment, or
to a hallway.
14-02 61C-3.001(10) FAC Locks -- An approved locking device for the purposes of section 509.211, FS,
is a locking device that meets the requirements of National Fire Protection Association 101 (NFPA 101), Life
Safety Code. Public lodging establishments as defined in rule 61C-1.002(4)(a), FAC, shall have at least one
approved locking device which does not include a sliding chain or hook and eye type device, on all outside
and connecting doors which cannot be opened by a non-master guest room key.
15-02 509.221(2)(a)FS Each public lodging establishment shall maintain not less than one public
bathroom for each sex, properly designated, unless otherwise provided by rule.[Exemption-509.221(9)FS:
Subsections (2), (5), and (6) do not apply to any facility or unit classified as a resort condominium,
nontransient apartment, or resort dwelling as described in s. 509.242(1)(c), (d), and (g).]
15-04 509.221(5)FS Each transient establishment shall provide in the main public bathroom soap and
clean towels or other approved hand-drying devices and each public lodging establishment shall furnish
each guest with two clean individual towels so that two guests will not be required to use the same towel
unless it has first been laundered. [EXEMPTION -- 509.221(9) FS: Subsections (2), (5), and (6) do not
apply to any facility or unit classified as a resort condominium, nontransient apartment, or resort dwelling as
described in s. 509.242(1)(c), (d), and (g).]
15-06 61C-1.004(2)(a)FAC Bathroom fixtures shall be of readily cleanable sanitary design.[Exemption--
61C-1.004(2)(e)FAC: Resort condominiums, nontransient establishments and resort dwellings are exempt
from the provisions of this subsection.]
15-07 61C-1.004(2)(a)FAC Bathroom facilities shall be kept clean, in good repair and free from
objectionable odors. [Exemption--61C-1.004(2)(e)FAC: Resort condominiums, nontransient establishments
and resort dwellings are exempt from the provisions of this subsection.]
15-08 61C-3.001(1)(a)FAC Connecting bathrooms shall provide toilets with open-front seats. Guest and
private bathrooms shall provide toilets. Guest, private, and connecting bathrooms shall provide lavatories
and shower enclosures with hot and cold running water under pressure. [EXEMPTION--61C-3.001(12)
FAC: Resort condominiums, nontransient apartments and resort dwellings are exempt from subsection (1),
(2) and (3) of this rule.]
15-09 61C-3.001(2)FAC Individually wrapped soap must also be provided. [Exemption--61C-
3.001(12)FAC: Resort condominiums, nontransient apartments and resort dwellings are exempt from
subsection (1),(2) and (3) of this rule. Establishments opting to provide any of the services listed in
subsection (2) and (3) of this rule shall comply with the requirements described herein.]
15-10 61C-3.001(1)(b)FAC Each transient public lodging establishment shall maintain one public
bathroom with a minimum of a toilet, lavatory, and shower enclosure for each sex on every floor for every 15
guests rooming on that floor not having access to private or connecting bathrooms. [EXEMPTION--61C-
3.001(12) FAC: Resort condominiums, nontransient apartments and resort dwellings are exempt from
subsection (1), (2) and (3) of this rule]
15-11 61C-1.004(2)(b) FAC Public bathrooms shall be completely enclosed and shall have tight-fitting,
self closing doors or, in public lodging establishments have entrances and exits constructed in such a
manner as to ensure privacy of occupants. Such doors shall not be left open except during cleaning or
maintenance. [EXEMPTION-- 61C-1.004(2)(e) FAC: Resort condominiums, nontransient establishments
and resort dwellings are exempt from the provisions of this subsection.]
15-12 61C-1.004(2)(c)FAC Handwashing signs shall be posted in each bathroom used by employees.
[EXEMPTION-- 61C-1.004(2)(e) FAC: Resort condominiums, nontransient establishments and resort
dwellings are exempt from the provisions of this subsection.]
15-13 61C-1.004(2)(d)FAC For the purposes of this section, the term toilet shall mean a flush toilet
properly plumbed, connected and discharging to an approved sewage disposal system. In a bathroom
where more than one toilet is provided, each toilet shall be separated by a partition from adjoining fixtures
and a door shall be provided which will partially conceal the occupant from outside view. [EXEMPTION--
61C-1.004(2)(e) FAC: Resort condominiums, nontransient establishments and resort dwellings are exempt
from the provisions of this subsection.]
15-14 5-501.17 FC Toilet Room Receptacle, Covered. A toilet room used by females shall be provided
with a covered receptacle for sanitary napkins.
16-01 509.221(1) FS Each public lodging establishment shall be supplied with potable water
16-03 61C-1.004(1)(b) FAC Bottled and packaged potable water shall be transported and obtained in
accordance with the requirements of Chapter 5E-15, FAC, herein adopted by reference.
16-04 61C-3.001(4) FAC A kitchen sink with hot and cold running water under pressure is required.
16-05 5-101.11 FC APPROVED System. DRINKING WATER shall be obtained from an APPROVED
source that is: (A) A PUBLIC WATER SYSTEM; or (B) A nonPUBLIC WATER SYSTEM that is constructed,
maintained, and operated according to LAW.
16-06 5-101.12 FC System Flushing and Disinfection. A DRINKING WATER system shall be flushed and
disinfected before being placed in service after construction, repair, or modification and after an emergency
situation, such as a flood, that may introduce contaminants to the system.
16-07 5-101.13 FC BOTTLED DRINKING WATER. BOTTLED DRINKING WATER used or sold in a
[public lodging establishment] shall be obtained from APPROVED sources in accordance with 21 CFR 129 -
Processing and Bottling of Bottled DRINKING WATER.
16-09 5-102.12 FC NonDRINKING WATER. (A) The use of a nonDRINKING WATER supply shall be
APPROVED by the REGULATORY AUTHORITY; and (B) NonDRINKING WATER shall be used only for
non-culinary purposes such as air conditioning, nonFOOD EQUIPMENT cooling, fire protection, and
irrigation.
16-10 5-102.13 FC Sampling. Except when used as specified under subsection 5-102.12, water from a
nonPUBLIC WATER SYSTEM shall be sampled and tested at least annually and as required by state water
quality regulations.
16-11 5-102.14 FC Sample Report. The most recent report for the nonPUBLIC WATER SYSTEM shall be
retained on file in the FOOD ESTABLISHMENT or the report shall be maintained as specified by state water
quality regulations.
16-12 5-103.11 FC Capacity. (A) The water source and system shall be of sufficient capacity to meet the
peak water demands of the [public lodging establishment].
16-14 5-103.12 FC Pressure. Water under pressure shall be provided to all fixtures, EQUIPMENT, and
nonFOOD EQUIPMENT that are required to use water except that water supplied as specified under
Paragraphs 5-104.12(A) and (B) to a TEMPORARY [Public Lodging] ESTABLISHMENT or in response to a
temporary interruption of a water supply need not be under pressure.
16-16 61C-3.001(1)(a) FAC Guest, private, and connecting bathrooms shall provide lavatories and
shower enclosures with hot and cold running water under pressure. [EXEMPTION--61C-3.001(12) FAC:
Resort condominiums, nontransient apartments and resort dwellings are exempt from subsections (1), (2)
and (3) of this rule]
16-17 5-202.12(A) FC A handwashing lavatory shall be equipped to provide water at a temperature of at
least 43 degrees Celsius (110 degrees Fahrenheit) through a mixing valve or combination faucet.
16-18 5-104.12 FC Water meeting the requirements specified under Subparts 5-101, 5-102, and 5-103
shall be made available for a TEMPORARY [PUBLIC LODGING ESTABLISHMENT] without a permanent
water supply, and for a [PUBLIC LODGING ESTABLISHMENT] with a temporary interruption of its water
supply through: (A) A supply of containers of commercially BOTTLED DRINKING WATER; (B) One or more
closed potable water containers; (C) An enclosed vehicular water tank; (D) An on-premises water storage
tank; or (E) Piping, tubing, hoses connected to an adjacent APPROVED source.
17-01 509.221(6) FS Each transient establishment shall provide each bed, bunk, cot, or other sleeping
place for the use of guests with clean pillowslips and under and top sheets. Sheets and pillowslips shall be
laundered before they are used by another guest, a clean set being furnished each succeeding guest. All
bedding, including mattresses, quilts, blankets, pillows, sheets, and comforters, shall be thoroughly aired,
disinfected, and kept clean. Bedding, including mattresses, quilts, blankets, pillows, sheets, or comforters,
may not be used if they are worn out or unfit for further use. [EXEMPTION -- 509.221(9) FS: Subsections
(2), (5), and (6) do not apply to any facility or unit classified as a resort condominium, nontransient
apartment, or resort dwelling as described in s. 509.242(1)(c), (d), and (g).]
17-02 61C-3.001(2) FAC Bedding and linens, etc. - Clean mattresses and bed springs, mattress pads,
clean pillows and pillowslips, clean bed sheets and sufficient clean blankets shall be provided for each
sleeping accommodation. [EXEMPTION -- 61C-3.001(12) FAC: Resort condominiums, nontransient
apartments and resort dwellings are exempt from subsections (1), (2) and (3) of this rule. Establishments
opting to provide any of the services listed in subsections (2) and (3) of this rule shall comply with the
requirements described herein.]
17-03 61C-3.001(2) FAC Mattress pads, bed sheets, and blankets must be sized appropriately to the
mattress or bed size to completely cover the sleeping areas of the mattress. [EXEMPTION -- 61c-
3.0012(12) FAC: Resort condominiums, nontransient apartments and resort dwellings are exempt from
subsection (1), (2) and (3) of this rule. Establishments opting to provide any of the services listed in
subsections (2) and (3) of this rule shall comply with the requirements described herein.]
17-04 61C-3.001(2) FAC Bed linens must be changed and cleaned between each guest or once weekly,
whichever occurs first. [EXEMPTION -- 61C-3.001(12) FAC: Resort condominiums, nontransient
apartments and resort dwellings are exempt from subsections (1), (2) and (3) of this rule. Establishments
opting to provide any of the services listed in subsections (2) and (3) of this rule shall comply with the
requirements described herein.]
17-05 61C-3.001(2) FAC Towels must be changed and cleaned daily or between guests, whichever occurs
first. [EXEMPTION -- 61C-3.001(12) FAC: Resort condominiums, nontransient apartments and resort
dwellings are exempt from subsections (1), (2) and (3) of this rule. Establishments opting to provide any of
the services listed in subsections (2) and (3) of this rule shall comply with the requirements described
herein.]
17-06 509.221(5)FS Each transient establishment shall provide in the main public bathroom soap and
clean towels or other approved hand-drying devices and each public lodging establishment shall furnish
each guest with two clean individual towels so that two guests will not be required to use the same towel
unless it has first been laundered. [EXEMPTION -- 509.221(9) FS: Subsections (2), (5), and (6) do not
apply to any facility or unit classified as a resort condominium, nontransient apartment, or resort dwelling as
described in s. 509.242(1)(c), (d), and (g).]
18-01 61C-3.001(4) FAC Kitchen appliances and refrigeration equipment shall be kept clean and free from
odors and in good repair.
18-02 61C-3-001(5) FAC Furniture, upholstery, draperies, shades, venetian doors, blinds, and other
provided furnishings in lobbies, lounges, parlors, and bedrooms shall be kept clean, and be renovated or
replaced as needed.
18-03 61C-3-001(5) FAC Furniture, upholstery, draperies, shades, venetian doors, blinds, and other
provided furnishings in lobbies, lounges, parlors, and bedrooms shall be kept clean, and be renovated or
replaced as needed.
19-01 5-202.11 FC APPROVED System and Cleanable Fixtures. (A) A PLUMBING SYSTEM shall be
designed, constructed, and installed according to LAW. (B) A PLUMBING FIXTURE such as a
handwashing lavatory, toilet, or urinal shall be EASILY CLEANABLE.
19-02 5-201.11(A) FC A PLUMBING SYSTEM and hoses conveying water shall be constructed and
repaired with APPROVED materials according to LAW.
19-03 5-202.11 FC APPROVED System and Cleanable Fixtures. (A) A PLUMBING SYSTEM shall be
designed, constructed, and installed according to LAW. (B) A PLUMBING FIXTURE such as a
handwashing lavatory, toilet, or urinal shall be EASILY CLEANABLE.
19-04 5-205.15 FC System Maintained in Good Repair. A PLUMBING SYSTEM shall be: (A) Repaired
according to LAW; and (B) Maintained in good repair.
19-05 5-402.11 FC Backflow Prevention. (A) Except as specified in Paragraph (B) and (C) of this section,
a direct connection may not exist between the SEWAGE system and a drain originating from EQUIPMENT
in which FOOD, portable EQUIPMENT, or UTENSILS are placed. (B) If allowed by LAW a
WAREWASHING machine may have a direct connection between its waste outlet and a floor drain when the
machine is located within 1.5m (5 feet) of a trapped floor drain and the machine outlet is connected to the
inlet side of a properly vented floor drain trap. (C) If allowed by LAW, a WAREWASHING or culinary sink
may have a direct connection.
19-06 5-202.13 FC Backflow Prevention, Air Gap. An air gap between the water supply inlet and the flood
level rim of the PLUMBING FIXTURE, EQUIPMENT, or nonFOOD EQUIPMENT shall be at least twice the
diameter of the water supply inlet and may not be less than (1 inch).
19-08 5-203.14 FC Backflow Prevention Device, When Required. A PLUMBING SYSTEM shall be
installed to preclude backflow of a solid, liquid, or gas contaminant to the water supply system at each point
of use at the [public lodging establishment], including on a hose bibb if a hose is attached or on a hose bibb
if a hose is not attached and backflow prevention is required by LAW, by: (A) Providing an air gap as
specified under Section 5-202.13; or (B) Installing an APPROVED backflow prevention device as specified
under Section 5-202.14.
19-11 5-205.13 FC Scheduling Inspection and Service for a Water System Device. A device such as a
water treatment device or backflow preventer shall be scheduled for inspection and service, in accordance
with manufacturer's instructions and as necessary to prevent device failure based on local water conditions,
and records demonstrating inspection and service shall be maintained by the PERSON IN CHARGE.
19-12 5-205.12 FC Prohibiting a Cross Connection. (A) Except as specified in 9 CFR 308.3(d) for
firefighting, a PERSON may not create a cross connection by connecting a pipe or conduit between the
DRINKING WATER system and a nonDRINKING WATER system or a water system of unknown quality.
(B) The piping of a nonDRINKING WATER system shall be durably identified so that it is readily
distinguishable from piping that carries DRINKING WATER.
19-13 5-203.13 FC Service Sink. At least 1 service sink or 1 curbed cleaning facility equipped with a floor
drain shall be provided and conveniently located for the cleaning of mops or similar wet floor cleaning tools
and for the disposal of mop water and similar liquid
20-01 509.221(3) FS Each establishment licensed under this chapter shall be properly ventilated and shall
be operated with strict regard to the health, comfort, and safety of the guests.
20-02 509.221(4) FS Each bedroom in a public lodging establishment shall have an opening to the
outside of the building, air shafts, or courts sufficient to provide adequate ventilation. Where ventilation is
provided mechanically, the system shall be capable of providing at least two air changes per hour in all
areas served. Where ventilation is provided by windows, each room shall have at least one window opening
directly to the outside.
20-04 61C-1.004(10) FAC Halls, entrances and stairways shall be ventilated.
20-05 509.221(3) FS Each establishment licensed under this chapter shall be properly ventilated and shall
be operated with strict regard to the health, comfort, and safety of the guests.
20-06 61C-3.001(4) FAC Kitchens shall be ventilated to minimize the occurrence of excessive heat,
steam, condensation, vapors, objectionable odors, smoke and fumes.
20-07 61C-1.004(13) FAC Gas appliances. All appliances, including water heaters using gas, shall be
properly vented when manufacturers' instructions require venting of the appliance.
21-01 7-101.11 FC Identifying Information, Prominence. Containers of POISONOUS OR TOXIC
MATERIALS and PERSONAL CARE ITEMS shall bear a legible manufacturer's label.
21-02 7-102.11 FC Common Name. Working containers used for storing POISONOUS OR TOXIC
MATERIALS such as cleaners and SANITIZERS taken from bulk supplies shall be clearly marked and
individually identified with the common name of the material.
21-03 7-201.11 FC Separation. POISONOUS OR TOXIC MATERIALS shall be stored so they CAN not
contaminate FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE
ARTICLES by: (A) Separating the POISONOUS OR TOXIC MATERIALS by spacing or partitioning; and (B)
Locating the POISONOUS OR TOXIC MATERIALS in an area that is not above FOOD, EQUIPMENT,
UTENSILS, LINENS, and SINGLE-SERVICE or SINGLE-USE ARTICLES. This paragraph does not apply to
EQUIPMENT and UTENSIL cleaners and SANITIZERs that are stored in WAREWASHING areas for
availability and convenience if the materials are stored to prevent contamination of FOOD, EQUIPMENT,
UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES.
21-04 7-202.11 FC Restriction. (A) Only those POISONOUS OR TOXIC MATERIALS that are required
for the operation or maintenance of a [public lodging establishment], such as for the cleaning and
SANITIZING of EQUIPMENT and UTENSILS and the control of insects and rodents is allowed in a [public
lodging establishment]. (B) Paragraph (A) of this section does not apply to PACKAGED POISONOUS OR
TOXIC MATERIALS that are for retail sale.
21-05 7-202.12(A) FC Conditions of Use. POISONOUS OR TOXIC MATERIALS shall be: (A) Used
according to: (1) LAW and this Code, (2) Manufacturer's use directions included inlabeling, and, for a
pesticide, manufacturer's label instructions that state that use is allowed in a [public lodging establishment].
(3) The conditions of certification, if certification is required, for the use of the pest control materials, and (4)
Additional conditions that may be established by the REGULATORY AUTHORITY;
21-06 7-202.12(B) FC Conditions of Use. POISONOUS OR TOXIC MATERIALS shall be: (B) Applied so
that (1) A HAZARD to EMPLOYEES or other PERSONS is not constituted; and (2) Contamination including
residues due to drip, drain, fog, splash or spray on FOOD, EQUIPMENT, UTENSILS, LINENS, and
SINGLE-SERVICE and SINGLE-USE ARTICLES is prevented, and for a restricted-use pesticide, this is
achieved by: (a) Removing the items; (b) Covering the items with impermeable covers; or (c) Taking other
appropriate preventative actions, and (d) Cleaning and SANITIZING EQUIPMENT and UTENSILS after
application.
21-07 7-202.12(C) FC Conditions of Use. POISONOUS OR TOXIC MATERIALS shall be: (C) A
restricted-use pesticide shall be applied only by an applicator certified as defined in 7 USC 136(e) Certified
Applicator, of the Federal Insecticide, Fungicide and Rodenticide Act, or a PERSON under the direct
supervision of a certified applicator.
21-08 7-203.11 FC Poisonous or Toxic Material Containers. A container previously used to store
POISONOUS OR TOXIC MATERIALS may not be used to store, transport, or dispense FOOD.
21-11 7-206.12 FC Rodent Bait Stations. Rodent bait shall be contained in a covered, tamper-resistant
bait station.
21-12 7-206.13 FC Tracking Powders, Pest Control and Monitoring. (A) A tracking powder pesticide may
not be used in a [public lodging establishment]. (B) If used, a nontoxic powder such as talcum or flour may
not contaminate FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE
ARTICLES.
21-13.1 7-207.11(A) FC Only those medicines that are necessary for the health of EMPLOYEES shall be
allowed in a [public lodging establishment]. This section does not apply to medicines that are stored or
displayed for retail sale.
21-13.2 7-207.11(B) FC Medicines that are in a [public lodging establishment] for the EMPLOYEES' use
shall be labeled as specified under Section 7-101.11 and located to prevent the contamination of FOOD,
EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES.
21-13.3 7-207.12 FC Refrigerated Medicines, Storage. Medicine belonging to EMPLOYEES or to children
in a day care center that require refrigeration and are stored in a FOOD refrigerator shall be: (A) Stored in a
PACKAGE or container and kept inside a covered, leakproof container that is identified as a container for
the storage of EMPLOYEES' medicines; and (B) Located so they are inaccessible to children.
21-14 7-208.11(A) FC First aid supplies that are in a [public lodging establishment] for the EMPLOYEES'
use shall be: (A) Labeled as specified under Section 7-101.11.
21-15 7-208.11(B) FC First aid supplies that are in a [public lodging establishment] for the EMPLOYEES'
use shall be: (B) Stored in a kit or container that is located to prevent the contamination of FOOD,
EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES.
22-01 61C-3.001(9) FAC Ice -- Ice making machines shall utilize water from an approved source pursuant
to Chapters 62-550 and 62-555, FAC, and shall be constructed, located, installed, operated and maintained
so as to prevent contamination of the ice.
22-02 61C-3.001(9) FAC Ice obtained from outside the establishment shall be from a source approved in
accordance with the provisions of Chapter 500, FS.
22-03 61C-3.001(9) FAC Canvas containers shall not be used unless provided with a sanitary single-
service liner so as to completely protect the ice from contamination.
22-04 61C-3.001(9) FAC Ice buckets, other containers and scoops, shall be of a smooth, nonabsorbent,
impervious material and designed to facilitate cleaning. They shall be kept clean and shall be stored and
handled in a sanitary manner.
22-05 61C-3.001(9) FAC Ice buckets must be cleaned and sanitized between each guest or be provided
with a sanitary single service liner which is changed at least daily.
22-06 61C-3.001(9) FAC Ice for customer use shall be dispensed with scoops, tongs or other ice-
dispensing utensils or through automatic self-service, ice-dispensing equipment.
22-07 61C-3.001(9) FAC 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 dispensing utensil's handle
extended out of the ice.
22-09 61C-3.001(9) FAC Ice storage bins shall be drained through an air gap in accordance with the
provisions of the plumbing authority having jurisdiction.
22-10 4-101.11(A) FC Materials that are used in the construction of UTENSILS and FOOD-CONTACT
SURFACES of EQUIPMENT may not allow the migration of deleterious substances or impart colors, odors,
or tastes to FOOD and under normal use conditions shall be: (A) Safe;
23-01 61C-3.001(3)(b) and (c) FAC Any establishment existing prior to 7-1-94 which cannot comply with
this provision shall post in a conspicuous place the division placard or sign, BPR form 22-045,
NOTIFICATION OF EXCEPTION TO SANITIZATION REQUIREMENTS, or its equivalent, incorporated
herein by reference and effective 9-25-96, in each guest room where such dishware, glassware, kitchenware
or utensils are provided. Copies of this form may be obtained from any division office. [EXEMPTION --
61C-3.001(12) FAC: Resort condominiums, nontransient apartments and resort dwellings are exempt from
subsections (1), (2) and (3) of this rule. Establishments opting to provide any of the services listed in
subsections (2) and (3) of this rule shall comply with the requirements described herein.] Any establishment
initiating new construction or being extensively remodeled (involving the construction of walls or plumbing
fixtures in any area which would permit compliance with any portion of these requirements), shall fully
comply with the above requirements. [EXEMPTION -- 61C-3.001(12) FAC: Resort condominiums,
nontransient apartments and resort dwellings are exempt from subsections (1), (2) and (3) of this rule.
Establishments opting to provide any of the services listed in subsections (2) and (3) of this rule shall comply
with the requirements described herein.]
23-02 61C-3.001(4) FAC Kitchens must also have sufficient and suitable cooking utensils.
23-03 4-603.15 FC Washing, Procedures for Alternative Manual WAREWASHING EQUIPMENT. If
washing in sink compartments or a WAREWASHING machine is impractical such as when the EQUIPMENT
is fixed or the UTENSILS are too large, washing shall be done by using alternative manual WAREWASHING
EQUIPMENT as specified in Paragraph 4-301.12(C) in accordance with the following procedures: (A)
EQUIPMENT shall be disassembled as necessary to allow access of the detergent solution to all parts; (B)
EQUIPMENT components and UTENSILS shall be scrapped or rough cleaned to remove FOOD particle
accumulation; and (C) EQUIPMENT and UTENSILS shall be washed as specified under Paragraph 4-
603.14(A).
23-04 4-601.11(A) FC UTENSILS shall be clean to sight and touch.
23-05 4-701.10 FC FOOD-CONTACT SURFACES and UTENSILS. EQUIPMENT FOOD-CONTACT
SURFACES and UTENSILS shall be SANITIZED.
23-06 4-702.11 FC Before Use After Cleaning. UTENSILS and FOOD-CONTACT SURFACES of
EQUIPMENT shall be SANITIZED before use and after cleaning.
23-07 4-904.12 FC Soiled and Clean TABLEWARE. Soiled TABLEWARE shall be removed from
CONSUMER eating and drinking areas and handled so that clean TABLEWARE is not contaminated.
23-08 4-204.116 FC Manual WAREWASHING EQUIPMENT, Heaters and Baskets. If hot water is used
for SANITIZATION in manual WAREWASHING operations, the SANITIZING compartment of the sink shall
be: (A) Designed with an integral heating device that is capable of maintaining water at a temperature not
less than . . .(171 degrees Fahrenheit); and (B) Provided with a rack or basket to allow complete immersion
of EQUIPMENT and UTENSILs into the hot water.
23-09 4-204.119 FC WAREWASHING Sinks and Drainboards, Self-Draining. Sinks and drainboards of
WAREWASHING sinks and machines shall be self-draining.
23-10 4-301.12(A) FC Manual WAREWASHING, Sink Compartment Requirements. (A) Except as
specified in Paragraph (C) of this section, a sink with at least 3 compartments shall be provided for manually
washing, rinsing, and SANITIZING EQUIPMENT and UTENSILS.

23-11 4-301.12(B) FC (B) Sink compartments shall be large enough to accommodate immersion of the
largest EQUIPMENT and UTENSILS. If EQUIPMENT or UTENSILS are too large for the WAREWASHING
sink, a WAREWASHING machine or alternative EQUIPMENT as specified in Paragraph (C) of this section
shall be used. (C) Alternative manual WAREWASHING EQUIPMENT may be used when there are special
cleaning needs or constraints and the REGULATORY AUTHORITY has APPROVED the use of the
alternative EQUIPMENT. Alternative manual WAREWASHING EQUIPMENT may include: (1) High-pressure
detergent sprayers; (2) Low- or line-pressure spray detergent foamers; (3) Other task-specific cleaning
EQUIPMENT; (4) Brushes or other implements; (5) 2-compartment sinks as specified under Paragraph (D)
of this section; or (6) Receptacles that substitute for the compartments of a multicompartment sink.
23-12 4-301.12(D) and (E) FC (D) Before a 2-compartment sink is used: (1) The PERMIT HOLDER shall
have its use APPROVED; and (2) The nature of WAREWASHING shall be limited to batch operations for
cleaning KITCHENWARE such as between cutting one type of raw MEAT and another or cleanup at the end
of a shift, and: (a) A limited number of items shall be cleaned, (b) The cleaning and SANITIZING solutions
shall be made up immediately before use and drained immediately after use, and (c) A detergent-
SANITIZER shall be used to SANITIZE and shall be applied as specified under Section 4-501.115, or (d) A
hot water SANITIZATION immersion step shall be used as specified under Paragraph 4-603.16(C). (E) A 2-
compartment sink may not be used for WAREWASHING operations where cleaning and SANITIZING
solutions are used for a continuous or intermittent flow of KITCHENWARE or TABLEWARE in an ongoing
WAREWASHING process.
23-13 4-301.13 FC Drainboards. Drainboards, UTENSIL racks, or tables large enough to accommodate
all soiled and cleaned items that may accumulate during hours of operation shall be provided for necessary
UTENSIL holding before cleaning and after SANITIZING.
23-14 4-204.113 FC WAREWASHING Machine, Data Plate Operating Specifications. A WAREWASHING
machine shall be provided with an easily accessible and readable data plate affixed to the machine by the
manufacturer that indicates the machine's design and operating specifications including the: (A)
Temperatures required for washing, rinsing, and SANITIZING; (B) Pressure required for the fresh water
SANITIZING rinse unless the machine is designed to use only a pumped SANITIZING rinse; and (C)
Conveyor speed for conveyor machines or cycle time for stationary rack machines.
23-15 4-204.114 FC WAREWASHING Machines, Internal Baffles. WAREWASHING machine wash and
rinse tanks shall be equipped with baffles, curtains, or other means to minimize internal cross contamination
of the solutions in wash and rinse tanks.
23-16 4-204.118 FC WAREWASHING Machines, Flow Pressure Valve. (A) WAREWASHING machines
that provide a fresh hot water SANITIZING rinse shall be equipped with a pressure gauge or similar device
such as a transducer that measures and displays the water pressure in the supply line immediately before
entering the WAREWASHING machine; and (B) If the flow pressure measuring device is upstream of the
fresh hot water SANITIZING rinse control valve, the device shall be mounted in a. . .one-fourth inch Iron
Pipe Size (IPS) valve. (C) Paragraphs (A) and (B) of this section do not apply to a machine that uses only a
pumped or recirculated SANITIZING rinse.
23-17.1 4-904.11(A) FC SINGLE-SERVICE and SINGLE-USE ARTICLES and cleaned and SANITIZED
UTENSILS shall be handled, displayed, and dispensed so that contamination of FOOD and lip-contact
surfaces is prevented.
23-17.2 4-904.11(B) FC Knives, forks, and spoons that are not prewrapped shall be presented so that only
the handles are touched by EMPLOYEES and by CONSUMERS if CONSUMER self-service is provided.
23-18 4-603.12 FC Precleaning. (A) FOOD debris on EQUIPMENT and UTENSILS shall be scrapped
over a waste disposal unit, scupper, or garbage receptacle or shall be removed in a WAREWASHING
machine with a prewash cycle. (B) If necessary for effective cleaning, UTENSILS and EQUIPMENT shall be
preflushed, presoaked, or scrubbed with abrasives.
23-21 4-501.15 FC WAREWASHING Machines, Manufacturers' Operating Instructions. (A) A
WAREWASHING machine and its auxiliary components shall be operated in accordance with the machine's
data plate and other manufacturer's instructions. (B) A WAREWASHING machine's conveyor speed or
automatic cycle times shall be maintained accurately timed in accordance with manufacturer's specifications.
23-23 4-501.18 FC WAREWASHING EQUIPMENT, Clean Solutions. The wash, rinse, and SANITIZE
solutions shall be maintained clean.
23-24 4-501.19 FC Manual WAREWASHING EQUIPMENT, Wash Solution Temperature. The
temperature of the wash solution in manual WAREWASHING EQUIPMENT shall be maintained at not less
than . . .(110 degrees Fahrenheit) or the temperature specified on the cleaning agent manufacturer's label
instructions.
23-25 4-501.113 FC Mechanical WAREWASHING EQUIPMENT, SANITIZATION Pressure. The flow
pressure of the fresh hot water SANITIZING rinse in a WAREWASHING machine may not be less than . .
.(15 pounds per square inch) or more than . . .(25 pounds per square inch) as measured in the water line
immediately downstream or upstream from the fresh hot water SANITIZING rinse control valve.
23-27 4-603.16 FC Rinsing Procedures. Washed UTENSILS and EQUIPMENT shall be rinsed so that
abrasives are removed and cleaning chemicals are removed or diluted through the use of water or a
detergent-SANITIZER solution by using one of the following procedures: (A) Use of a distinct, separate
water rinse after washing and before SANITIZING if using: (1) A 3-compartment sink, (2) Alternative manual
WAREWASHING EQUIPMENT equivalent to a 3-compartment sink as specified under Subparagraph 4-
301.12(C), or (3) A 3-step washing, rinsing, and SANITIZING procedure in a WAREWASHING system for
CIP EQUIPMENT; (B) Use of a detergent-sanitizer as specified under Section 4-501.115 if using: (1)
Alternative WAREWASHING EQUIPMENT as specified under Paragraph 4-301.12(C) that is APPROVED
for use with a detergent-sanitizer, or (2) A WAREWASHING system for CIP EQUIPMENT; (C) Use of a
nondistinct water rinse that is integrated in the hot water SANITIZATION immersion step of a 2-compartment
sink operation; (D) If using a WAREWASHING machine that does not recycle the SANITIZING solution as
specified under (E) of this section, or alternative manual WAREWASHING EQUIPMENT such as sprayers,
use of a nondistinct water rinse that is: (1) Integrated in the application of the SANITIZING solution, and (2)
Wasted immediately after each application; or (E) If using a WAREWASHING machine that recycles the
SANITIZING solution for use in the next wash cycle, use of a nondistinct water rinse that is integrated in the
application of the SANITIZING solution.
23-28 4-501.110 FC Mechanical WAREWASHING EQUIPMENT, Wash Solution Temperature. (A) The
temperature of the wash solution in spray type warewashers that use hot water to SANITIZE may not be
less than: (1) For a stationary rack, single temperature machine, . . .(165 degrees Fahrenheit); (2) For a
stationary rack, dual temperature machine, . . .(150 degrees Fahrenheit); (3) For a single tank, conveyor,
dual temperature machine, . . .(160 degrees Fahrenheit); or (4) For a multitank, conveyor, multitemperature
machine, . . .(150 degrees Fahrenheit). (B) The temperature of the wash solution in spray-type
warewashers that use chemicals to SANITIZE may not be less than . . .(120 degrees Fahrenheit).
23-29 4-501.111 FC Manual WAREWASHING EQUIPMENT, Hot Water SANITIZATION Temperatures. If
immersion in hot water is used for SANITIZING in a manual operation, the temperature of the water shall be
maintained at (171 degrees Fahrenheit) or above.
23-30 4-501.112 FC Mechanical WAREWASHING EQUIPMENT, Hot Water SANITIZATION
Temperatures. In a mechanical operation, the temperature of the fresh hot water SANITIZING rinse as it
enters the manifold may not be more than (194 degrees Fahrenheit), or less than: (A) For a single tank,
stationary rack, single temperature machine, (165 degrees Fahrenheit); or (B) For all other machines, (180
degrees Fahrenheit).
23-31 4-501.114 FC Manual and Mechanical WAREWASHING EQUIPMENT, Chemical SANITIZATION -
Temperature, pH, Concentration, and Hardness. A chemical sanitizer used in a SANITIZING solution for a
manual or mechanical operation at exposure times specified under Paragraph 4-703.11(C) shall be listed in
21 CFR 178.1010 SANITIZING solutions, shall be used in accordance with the EPA-APPROVED
manufacturer's label use instructions, and shall be used as follows: (A) A chlorine solution shall have a
minimum temperature based on the concentration and pH of the solution as listed in the following chart; (B)
An iodine solution shall have a: (1) Minimum temperature of (75 degrees Fahrenheit), (2) pH of 5.0 or less or
a pH no higher than the level for which the manufacturer specifies the solution is effective, and (3)
Concentration between 12.5 mg/L and 25 mg/L; (C) A quaternary ammonium compound solution shall: (1)
Have a minimum temperature of (75 degrees Fahrenheit), (2) Have a concentration as specified under
Section 7-204.11 and as indicated by the manufacturer's use directions included in the labeling, and (3) Be
used only in water with 500 MG/L (mg/L) hardness or lesser in water having a hardness no greater than
specified by the manufacturer's label; (D) If another solution of a chemical specified in Paragraphs (A)-(C) of
this section is used, the PERMIT HOLDER shall demonstrate to the REGULATORY AUTHORITY that the
solution achieves SANITIZATION and the use of the solution shall be approved: or (E) If a chemical
SANITIZER other than chlorine, iodine, or a quaternary ammonium compound is used, it shall be applied in
accordance with the manufacturer's use directions included in the labeling.
23-32 4-703.11(A) and (B) After being cleaned, EQUIPMENT FOOD-CONTACT SURFACES and
UTENSILS shall be SANITIZED in: (A) Hot water manual operations by immersion for at least 30 seconds
as specified under Section 4-501.111; (B) Hot water mechanical operations by being cycled through
EQUIPMENT that is set up as specified under Sections 4-501.15, 4-501.112 and 4-501.113 and achieving a
UTENSIL surface temperature of (160 degrees Fahrenheit) as measured by an irreversible registering
temperature indicator;
23-33 4-703.11(C) FC After being cleaned, EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS
shall be SANITIZED in: (C) Chemical manual or mechanical operations, including the application of
SANITIZING chemicals by immersion, manual swabbing, brushing, or pressure spraying methods, using a
solution as specified under Section 4-501.114 by providing: (1) Except as specified under Subparagraph
(C)(2) of this section, an exposure time of at least 10 seconds for a chlorine solution specified under
Paragraph 4-501.114(A), (2) An exposure time of at least 7 seconds for a chlorine solution of 50 mg/L that
has a pH of 10 or less and a temperature of at least (100 degrees Fahrenheit) or a pH of 8 or less and a
temperature of at least (75 degrees Fahrenheit), (3) An exposure time of at least 30 seconds for other
chemical SANITIZING solutions, or (4) An exposure time used in relationship with a combination of
temperature, concentration, and pH that, when evaluated for efficacy, yields SANITIZATION as defined in
Subparagraph 1-201.10(B)(72).
23-35 4-502.12 FC SINGLE-SERVICE and SINGLE-USE ARTICLES, Required Use. A FOOD
ESTABLISHMENT without facilities specified in Parts 4-6 and 4-7 for cleaning and SANITIZING
KITCHENWARE and TABLEWARE shall provide only SINGLE-USE KITCHENWARE, SINGLE-SERVICE
ARTICLES, and SINGLE-USE ARTICLES for use by FOOD EMPLOYEEs and SINGLE-SERVICE
ARTICLES for use by the CONSUMER.
23-36 4-903.12(B) FC Laundered LINENS and SINGLE-SERVICE and SINGLE-USE ARTICLES that are
PACKAGED or in a facility such as a cabinet may be stored in a locker room.
23-37 4-502.13(A) FC SINGLE-SERVICE and SINGLE-USE ARTICLES, Reuse Limitation. SINGLE-
SERVICE and SINGLE-USE ARTICLES may not be reused.
23-38 4-901.11 FC EQUIPMENT and UTENSILS, Air-Drying Required. After cleaning and SANITIZING,
EQUIPMENT and UTENSILS: (A) Shall be air-dried or used after adequate draining as specified in
Paragraph (a) of 21 CFR 178.1010 SANITIZING solutions, before contact with FOOD, and may not be cloth
dried except (B) UTENSILS that have been air-dried may be polished with cloths that are maintained clean
and dry.
23-39 4-903.11(A) and (D) FC (A) Except as specified in Paragraph (D) of this section, cleaned
EQUIPMENT and UTENSILS, laundered LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES
shall be stored: (1) In a clean, dry location; (2) Where they are not exposed to splash, dust, or other
contamination; and (3) At least 15 cm (6 inches) above the floor. (D) Items that are kept in closed
PACKAGES may be stored less than 15 cm (6 inches) above the floor on dollies, pallets, racks, and skids
that are designed as provided under Section 4-204.122.
23-40 4-903.11(B) FC Clean EQUIPMENT and UTENSILS shall be stored as specified under Paragraph
(A) of this section and shall be stored: (1) In a self-draining position that permits air drying; and (2) Covered
or inverted.
23-41 4-903.12(A) FC Except as specified in Paragraph (B) of this section, cleaned and SANITIZED
EQUIPMENT, UTENSILS, laundered LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES may
not be stored: (1) In locker rooms; (2) In toilet rooms; (3) In garbage rooms; (4) In mechanical rooms; (5)
Under sewer lines that are not shielded to intercept potential drips; (6) Under leaking water lines including
leaking automatic fire sprinkler heads or under lines on which water has condensed; (7) Under open
stairwells; or (8) Under other sources of contamination.
23-43 4-302.14 FC SANITIZING Solutions, Testing Devices. A test kit or other device that accurately
measures the concentration in MG/L (mg/L) of SANITIZING solutions shall be provided.
23-45 4-204.115 FC WAREWASHING Machines, TEMPERATURE MEASURING DEVICES. A
WAREWASHING machine shall be equipped with a TEMPERATURE MEASURING DEVICE that indicates
the temperature of the water: (A) In each wash and rinse tank; and (B) As the water enters the hot water
SANITIZING final rinse manifold or in the chemical SANITIZING solution tank.
23-46 4-302.13 FC TEMPERATURE MEASURING DEVICES, Manual WAREWASHING. In manual
WAREWASHING operations, a TEMPERATURE MEASURING DEVICE shall be provided and readily
accessible for frequently measuring the washing and SANITIZING temperatures.
23-47.2 4-502.11(C) FC Ambient air temperature, water pressure, and water TEMPERATURE
MEASURING DEVICES shall be maintained in good repair and be accurate within the intended range of
use.
24-01 509.221(7) FS The operator of any establishment licensed under this chapter shall take effective
measures to protect the establishment against the entrance and the breeding on the premises of all vermin.
Any room in such an establishment infested with such vermin shall be fumigated, disinfected, renovated, or
other corrective action taken until the vermin are exterminated.
24-02 61C-1.004(3) FAC Vermin Control- Effective control measures shall be taken to protect against the
entrance into the establishment, and the breeding or presence on the premises of rodents, flies, roaches
and other vermin. All buildings shall be effectively rodent-proofed, free of rodents and maintained in a
rodent-proof and rodent-free condition. All windows used for ventilation must be screened, except when
effective means of vermin control are used. Screening materials shall not be less than 16 mesh to the inch
or equivalent, tight-fitting and free of breaks.
25-01 61C-3.001(7) FAC Premises- The yards, alleys, driveways, sidewalks, and other exterior portions of
the licensed premises shall be kept clean, free of debris, free of objectionable odors, and properly drained,
maintained and mowed.
25-02 61C-3.001(7) FAC Premises- The yards, alleys, driveways, sidewalks, and other exterior portions of
the licensed premises shall be kept clean, free of debris, free of objectionable odors, and properly drained,
maintained and mowed
26-01 61C-1.004(1)(e) FAC All garbage and rubbish shall be removed from the establishment premises
with sufficient frequency to prevent nuisance conditions and shall be disposed of in accordance with
provisions of Chapter 62-701, FAC herein adopted by reference.
26-02 61C-3.001(4) FAC Kitchens must also have adequate garbage receptacles.
26-03 61C-3.001(5) FAC Non-perforated metal, plastic, or plastic lined wastebaskets shall be provided for
all bedrooms.
26-04 5-501-10 FC Indoor Storage Area. If located within the public lodging establishment, a storage area
for REFUSE, recyclables and returnables shall meet the requirements specified under Sections 6-101-11, 6-
201-11, 6-201-18, 6-202.15, and 6-202.16.
26-05 5-501.13 FC Receptacles. (A) Except as specified in Paragraph (B) of this section, receptacles and
waste hauling units for REFUSE, recyclables and returnables and for use with materials containing FOOD
residue shall be durable, cleanable, insect and rodent resistant, leakproof, and non-absorbent. (B) Plastic
bags and wet strength paper bags may be used to line receptacles for storage inside the public lodging
establishment or within closed outside receptacles.
26-06 5-501.14 FC Receptacles in VENDING MACHINES. A REFUSE receptacle may not be located
within a VENDING MACHINE, except that a receptacle for BEVERAGE bottle crown closures may be
located within a VENDING MACHINE.
26-07 5-501.16(A) FC An inside storage area and outside storage area and enclosure, and receptacles
shall be of sufficient capacity to hold REFUSE, recyclables, and returnables that accumulate.
26-08 5-501.16(B) FC A receptacle shall be provided in each area of the public lodging establishment or
PREMISES where REFUSE is generated or commonly discarded, or where recyclables or returnables are
placed.
26-09 5-501.16 FC If disposable towels are used at handwashing lavatories, a waste receptacle shall be
located at each lavatory or group of adjacent lavatories.
26-10 5-501.18 FC Cleaning Implements and Supplies. (A) Except as specified in Paragraph (B) of this
section , suitable cleaning implements and supplies such as high pressure pumps , hot water, steam and
detergent shall be provided as necessary for effective cleaning of receptacles and waste handling units for
refuse, recyclables, and returnables. (B) If APPROVED, off -PREMISES approved services may be used if
on-PREMISES cleaning implements and supplies are not provided.
26-11 5-501.19 FC Storage Areas, Redeeming Machines, Receptacles and Waste Handling Units,
Location. (A) An area designated for REFUSE, recyclables, returnables, and except as specified in
Paragraph (B) of this section, a redeeming machine for recyclables or returnables shall be located so that it
is separate from FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVE and SINGLE-USE
ARTICLES and a public health HAZARD or nuisance is not created. (B) A redeeming machine,may be
located in the PACKAGED FOOD area or CONSUMER area of a public lodging establishment -f FOOD,
EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES are not subject to
contamination from the machines and a public health HAZARD or nuisance is not created. (C) The location
of receptacles and waste handling units for REFUSE recyclables, and returnables may not create a public
health HAZARD or nuisance or interfere with the cleaning of adjacent space.
26-12 5-501.110 FC Storing REFUSE, Recyclables, and Returnables. REFUSE, recyclables, and
returnables shall be stored in receptacles or waste handling units so that they are inaccessible to insects
and rodents.
26-13 5-501.111 FC Areas Enclosures, and Receptacles, Good Repair. Storage areas, enclosures, and
receptacles for REFUSE, recyclables, and returnables shall be maintained in good repair.
26-14 5-501.113(A) FC Receptacles and waste handling units for REFUSE, recyclables, and returnables
shall be kept covered: (A) Inside the public lodging establishment if the EQUIPMENT and receptacles: (1)
Contain FOOD residue and are not in continuous use; or (2) After they are filled; and (B) With tight-fitting lids
or doors if kept outside the public lodging establishment.
26-15 5-501.114 FC Using Drain Plugs. Drains in receptacles and waste handling units for REFUSE,
recyclables, and returnables shall have drain plugs in place.
26-16 5-501.115 FC Maintaining REFUSE, Areas and Enclosures. A storage area and enclosure for
REFUSE, recyclables, or returnables shall be maintained free of unnecessary items, as specified under
Section 6-501.114 and clean.
26-17 5-501.116(A) FC Receptacles and waste handling units for REFUSE, recyclables, and returnables
shall be thoroughly cleaned in a way that does not contaminate , FOOD, EQUIPMENT, UTENSILS,
LINENS, or SINGLE-SERVICE and SINGLE USE ARTICLES, and waste water shall be disposed of as
specified under Section 5-402.14.
26-18 5-501.Soiled receptacles and waste handling units for REFUSE, recyclables, and returnables shall
be cleaned at a frequency necessary to prevent them from developing a buildup of soil or becoming
attractants for insects and rodents
26-19 5-502.11 FC Frequency. REFUSE, recyclables, and returnables shall be removed from the premises
at a frequency that will minimize the development of objectionable odors and other conditions that attract or
harbor insects and rodents.
26-20 5-502.12 FC Receptacles or Vehicles. REFUSE, recyclables, and returnables shall be removed from
the PREMISES by way of: (A) Portable receptacles that are constructed and maintained according to LAW;
or (B) A transport vehicle that is constructed, maintained, and operated according to LAW.
26-21 5-503.11 FC Community or Individual Facility. Solid waste not disposed of through the SEWAGE
system such as through grinders and pulpers shall be recycled or disposed of in an APPROVED PUBLIC
OR PRIVATE COMMUNITY RECYCLING or refuse facility; or solid waste shall be disposed of in an
individual refuse facility such as a landfill or incinerator which is sized, constructed, maintained, and
operated according to LAW.
26-22 5-501.11 FC Outdoor Storage Surface. An outdoor storage surface for REFUSE, recyclables, and
returnables shall be constructed of non-absorbent material such as concrete or asphalt and shall be
SMOOTH, durable, and sloped to drain.
26-23 5-501.11 FC Outdoor Enclosure. If used, an outdoor enclosure for REFUSE, recyclables, and
returnables shall be constructed of durable and cleanable materials.
26-24 5-501-15 FC Outside Receptacles.(A) Receptacles and waste handling units for REFUSE,
recyclables, and returnables used with materials containing FOOD residue and used outside the public
lodging establishment shall be designed and constructed to have tight fitting lids, doors or covers. (B)
Receptacles and waste handling units for REFUSE, and recyclables such as an on site compactor shall be
installed so that accumulation of debris and insect and rodent attraction and harborage are minimized and
effective cleaning is facilitated around and if the unit is not installed flush with the base pad, under the unit.
26-25 5-501.16(A) FC An inside storage area and outside storage area and enclosure, and receptacles
shall be of sufficient capacity to hold REFUSE, recyclables, and returnables that accumulate.
26-26 5-502.112 FC Outside Storage Prohibitions. (A) Except as specified in Paragraph (B) of this
section, REFUSE receptacles not meeting the requirements specified under Paragraph 5-501.13(A) such as
receptacles that are not rodent-resistant, unprotected plastic bags and paper bags, or baled units that
contain materials with FOOD residue may not be stored outside. (B) Cardboard or other PACKAGING
material that does not contain FOOD residues and that is awaiting regularly scheduled delivery to a
recycling or disposal site may be stored outside without being in a covered receptacle if it is stored so that it
does not create a rodent harborage problem.
26-27 5-501.113(a) FC Covering Receptacles. Receptacles and waste handling units for REFUSE,
recyclables, and returnables shall be kept covered: (A) Inside the [public lodging establishment] if the
receptacles and units: (1) Contain FOOD residue and are not in continuous use; or (2) After they are filled.
26-28 5-501.113(B) FC Covering Receptacles. Receptacles and waste handling units for REFUSE,
recyclables, and returnables shall be kept covered: (B) With tight-fitting lids or doors if kept outside the
[public lodging establishment].
27-01 509.221(1) FS Wastewater or sewage shall be properly treated onsite or discharged into an
approved sewage collection and treatment system.
27-02 5-403.11 FC APPROVED SEWAGE Disposal System. SEWAGE shall be disposed through an
APPROVED facility that is: (A) A public SEWAGE treatment plant; or (B) An individual SEWAGE disposal
system that is sized, constructed, maintained, and operated according to LAW.
27-03 61C-3.001(4) FAC Refrigerators shall be properly drained.
27-06 61C-1.004(1)(d) FAC Sewage shall be disposed of in a public sewerage system or other approved
sewerage system in accordance with the provisions of Chapter 64E-6 or 62-601, FAC, herein adopted by
reference, whichever is applicable.
27-08 5-403.12 FC Other Liquid Wastes and Rainwater. Condensate drainage and other nonSEWAGE
liquids and rainwater shall be drained from point of discharge to disposal according to LAW.
28-01 509.201(2)(a) FS A person may not display or cause to be displayed any sign which may be seen
from a public highway or street, which sign includes a statement or numbers relating to the rates charged at
a public lodging establishment renting by the day or week, unless such sign includes, in letters and figures of
similar size and prominence, the following information: the number of rental units in the establishment and
the rates charged for each, whether the rates quoted are for single or multiple occupancy if such fact affects
the rate charged, and the dates during which such rates are in effect. In each instance the rates charged
may not exceed those filed with the division. A sign may not be displayed which includes a statement or
numbers which appear to relate to the rate charged at a public lodging establishment when in fact the
statement or numbers do not relate to such rates.                                    [EXEMPTION --509.201(4)
FS: Subsection (1) and paragraphs (a), (b), and (c) of subsection (2) do not apply to any facility or unit
classified as a resort condominium, nontransient apartment, or resort dwelling as described in s.
509.242(1)(c), (d), and (g).]
28-02 509.201(2)(b) and (c) FS A person may not publish or cause to be published any advertisement,
other than those referred to in paragraph (a), which includes a statement or numbers relating to rates
charged at a public lodging establishment renting by the day or week unless such advertisement includes, in
letters or figures immediately adjacent to said rate, a statement as to whether the rates quoted are for single
or multiple occupancy if such fact affects the rates charged. Any such advertisement shall also include the
number of rental units in the establishment available at the published rates, the dates during which such
rates are in effect, and an indication as to whether there are other rates in effect in the establishment. The
advertised rate in each instance shall coincide with the rates posted in such rental units and may not exceed
those filed for such units with the division. For any such advertisement, the type size of the required
additional information may not be smaller than one/twelfth of the size of the rate figures advertised or equal
to the type size used in the body of the advertisement, whichever is larger. The requirements of this
paragraph apply to any type of display advertisement, regardless of whether it is printed in a magazine,
newspaper, or other similar publication. [EXEMPTION -- 509.201(4) FS: Subsection (1) and paragraphs
(a), (b), and (c) of subsection (2) do not apply to any facility or unit classified as a resort condominium,
nontransient apartment, or resort dwelling as described in s. 509.242(1)(c), (d), and (g).] The provisions of
paragraph (b) do not apply to advertisements or listings in guides or directories which are published by
nonprofit organizations or associations or to advertisements of a classified nature placed in the classified
section of newspapers and other similar publications.
28-03 509.201(2)(d) FS An advertisement may not be published that contains false or misleading
statements about any public lodging establishment.
28-04 509.242(3) FS A public lodging establishment may advertise or display signs which advertise a
specific classification, if it has received a license which is applicable to the specific classification and it fulfills
the requirements of that classification.
28-05 61C-3.002(3)(a) FAC An advertisement or notice, designed to attract public attention or patronage,
may not be published or displayed with false or misleading statements about any public lodging
establishment. This applies to any type of advertisement including signs, billboards, banners, electronic
displays, pamphlets, flyers, coupons, magazines, newspapers or other similar publications and displays.
[EXEMPTION -- 61C-3.002(5) FAC: Resort condominiums, resort dwellings and nontransient apartments
are exempt from subsections (1), (2), and (3) of this rule.]
28-06 61C-3.002(3)(b) FAC Signs - The actual rates for public lodging establishments rented by the day
or week displayed on any static display or electronic sign or signs visible from a public highway or street
shall not exceed the maximum rate schedules posted in each guest unit and filed with the division. At a
minimum, any sign or signs as described above, displaying any room rate information shall include: 1. The
number of rooms available at each rate; 2. The rate for single occupancy; 3. The extra person charge if,
applicable; and 4. The effective dates of such rates, in accordance with section 509.201, FS. [EXEMPTION
-- 61C-3.002(5) FAC: Resort condominiums, resort dwellings and nontransient apartments are exempt from
subsections (1), (2), and (3) of this rule.]
28-07 61C-3.002(3)(c) FAC No more than 1 percent variance in the size and prominence of letters and
figures shall be allowed on signs containing room rate information.[EXEMPTION -- 61C-3.002(5) FAC:
Resort condominiums, resort dwellings and nontransient apartments are exempt from subsections (1), (2),
and (3) of this rule.]
29-01 509.111(1) FS The operator of a public lodging establishment is not under any obligation to accept
for safekeeping any moneys, securities, jewelry, or precious stones of any kind belonging to any guest, and,
if such are accepted for safekeeping, the operator is not liable for the loss thereof unless such loss was the
proximate result of fault or negligence of the operator. However, the liability of the operator shall be limited
to $1,000 for such loss, if the public lodging establishment gave a receipt for the property (stating the value)
on a form which stated, in type large enough to be clearly noticeable, that the public lodging establishment
was not liable for any loss exceeding $1,000 and was only liable for that amount if the loss was the
proximate result of fault or negligence of the operator.
29-02 509.111(2) FS The operator of a public lodging establishment is not liable or responsible to any
guest for the loss of wearing apparel, goods, or other property, except as provided in subsection (1), unless
such loss occurred as the proximate result of fault or negligence of such operator, and, in case of fault or
negligence, the operator is not liable for a greater sum than $500, unless the guest, prior to the loss or
damage, files with the operator an inventory of the guest's effects and the value thereof and the operator is
given the opportunity to inspect such effects and check them against such inventory. The operator of a
public lodging establishment is not liable or responsible to any guest for the loss of effects listed in such
inventory in a total amount exceeding $1,000.
30-01 61C-3.002(1) FAC Filing - The rates to be charged for each room in every public lodging
establishment shall be filed with the division on BPR form 7019, ROOM RATE SCHEDULE, incorporated
herein by reference and effective 1-17-03, which form shall be provided by the division. Copies of this form
may be obtained from any division office. [EXEMPTION -- 61C-3.002(5) FAC: Resort condominiums, resort
dwellings and nontransient apartments are exempt from subsections (1), (2), and (3) of this rule.]
30-02 61C-3.002(1) FAC A photocopy of the room rate schedule, stamped with the date it was received
by the district, shall be kept available for inspection at all times. [EXEMPTION -- 61C-3.002(5) FAC: Resort
condominiums, resort dwellings and nontransient apartments are exempt from subsections (1), (2), and (3)
of this rule.]
30-03 61C-3.002(1) FAC Where the number of rooms is 100 or more a supplementary report (such as the
housekeeper's report) may be attached to BPR form 22-004 provided that BPR form 22-004 lists the total
number of rooms, is signed and indicates attachment of the supplemental report. Supplemental reports
shall also include: (a) Every room number in the establishment and the rates charged for each, while also
showing both the single and double rate. (b) The charge for each additional person in room. The charge for
the additional persons shall include bedding accommodations. (c) All additional charges such as telephone
surcharge, television, air-conditioning, kitchenettes, safes, etc. (d) Statement as to whether the rates are
daily or weekly. [EXEMPTION -- 61C-3.002(5) FAC: Resort condominiums, resort dwellings and
nontransient apartments are exempt from subsections (1), (2), and (3) of this rule.]
30-04 509.201(1) FS The rates posted in the rental units may not exceed those on file with the division,
and an establishment may not charge more than the rates posted in the rental units and filed with the
division. [EXEMPTION --509.201(4) FS: Subsection (1) and paragraphs (a), (b), and (c) of subsection (2)
do not apply to any facility or unit classified as a resort condominium, nontransient apartment, or resort
dwelling as described in s. 509.242(1)(c), (d), and (g).]
31-01 509.201(1) FS Copies of the posted rate schedules for all similar rental units in each establishment
shall be filed with the division at least 5 days before such rates are to become effective and shall be kept
current. [EXEMPTION -- 509.201(4) FS: Subsection (1) and paragraphs (a), (b), and (c) of subsection (2)
do not apply to any facility or unit classified as a resort condominium, nontransient apartment, or resort
dwelling as described in s. 509.242(1)(c), (d), and (g).]
31-02 509.201(1) FS Such posting shall show the maximum amount charged for occupancy per person;
the amount charged for extra conveniences, more complete accommodations, or additional furnishings; and
the dates during the year when such charges prevail. [EXEMPTION -- 509.201(4) FS: Subsection (1) and
paragraphs (a), (b), and (c) of subsection (2) do not apply to any facility or unit classified as a resort
condominium, nontransient apartment, or resort dwelling as described in s. 509.242(1)(c), (d), and (g).]
31-03 509.201(1) FS Copies of the posted rate schedules for all similar rental units in each establishment
shall be filed with the division at least 5 days before such rates are to become effective and shall be kept
current. [EXEMPTION -- 509.201(4) FS: Subsection (1) and paragraphs (a), (b), and (c) of subsection (2)
do not apply to any facility or unit classified as a resort condominium, nontransient apartment, or resort
dwelling as described in s. 509.242(1)(c), (d), and (g).]
31-04 509.201(1) FS The rates posted in the rental units may not exceed those on file with the division,
and an establishment may not charge more than the rates posted in the rental units and filed with the
division. [EXEMPTION --509.201(4) FS: Subsection (1) and paragraphs (a), (b), and (c) of subsection (2)
do not apply to any facility or unit classified as a resort condominium, nontransient apartment, or resort
dwelling as described in s. 509.242(1)(c), (d), and (g).]
31-05 61C-3.002(2) FAC Posting - The rates and additional charges filed with the division shall be posted
in a conspicuous place in each guest room or unit on BPR form 22-018, NOTICE TO GUESTS, incorporated
herein by reference and effective 9-25-96, or in a form incorporating the language there on. Copies of this
form may be obtained from any division office. [EXEMPTION -- 61C-3.002(5) FAC: Resort condominiums,
resort dwellings and nontransient apartments are exempt from subsections (1), (2), and (3) of this rule.]
31-06 61C3-3.002(2) FAC Such rates shall be the actual maximum rates charged during any given rate
period and shall not be a fictitious rate. [EXEMPTION -- 61C-3.002(5) FAC: Resort condominiums, resort
dwellings and nontransient apartments are exempt from subsections (1), (2), and (3) of this rule.]
32-01 83.49(1) FS Whenever money is deposited or advanced by a tenant on a rental agreement as
security for performance of the rental agreement or as advance rent for other than the next immediate rental
period, the landlord or the landlord's agent shall either: (a) Hold the total amount of such money in a
separate non-interest-bearing account in a Florida banking institution for the benefit of the tenant or tenants.
The landlord shall not commingle such moneys with any other funds of the landlord or hypothecate, pledge,
or in any other way make use of such moneys until such moneys are actually due the landlord; (b) Hold the
total amount of such money in a separate interest-bearing account in a Florida banking institution for the
benefit of the tenant or tenants, in which case the tenant shall receive and collect interest in an amount of at
least 75 percent of the annualized average interest rate payable on such account or interest at the rate of 5
percent per year, simple interest, whichever the landlord elects. The landlord shall not commingle such
moneys with any other funds of the landlord or hypothecate, pledge, or in any other way make use of such
moneys until such moneys are actually due the landlord; or (c) Post a surety bond, executed by the landlord
as principal and a surety company authorized and licensed to do business in the state as surety, with the
clerk of the circuit court in the county in which the dwelling unit is located in the total amount of the security
deposits and advance rent he or she holds on behalf of the tenants or $50,000, whichever is less. The bond
shall be conditioned upon the faithful compliance of the landlord with the provisions of this section and shall
run to the Governor for the benefit of any tenant injured by the landlord's violation of the provisions of this
section. In addition to posting the surety bond, the landlord shall pay to the tenant interest at the rate of 5
percent per year, simple interest. A landlord, or the landlord's agent, engaged in the renting of dwelling units
in five or more counties, who holds deposit moneys or advance rent and who is otherwise subject to the
provisions of this section, may, in lieu of posting a surety bond in each county, elect to post a surety bond in
the form and manner provided in this paragraph with the office of the Secretary of State. The bond shall be
in the total amount of the security deposit or advance rent held on behalf of tenants or in the amount of
$250,000, whichever is less. The bond shall be conditioned upon the faithful compliance of the landlord with
the provisions of this section and shall run to the Governor for the benefit of any tenant injured by the
landlord's violation of this section. In addition to posting a surety bond, the landlord shall pay to the tenant
interest on the security deposit or advance rent held on behalf of that tenant at the rate of 5 percent per year
simple interest.
32-02 83.49(2) FS The landlord shall, within 30 days of receipt of advance rent or a security deposit, notify
the tenant in writing of the manner in which the landlord is holding the advance rent or security deposit and
the rate of interest, if any, which the tenant is to receive and the time of interest payments to the tenant.
Such written notice shall: (a) Be given in person or by mail to the tenant. (b) State the name and address
of the depository where the advance rent or security deposit is being held, whether the advance rent or
security deposit is being held in a separate account for the benefit of the tenant or is commingled with other
funds of the landlord, and, if commingled, whether such funds are deposited in an interest-bearing account
in a Florida banking institution. (c) Include a copy of the provisions of subsection (3). Subsequent to
providing such notice, if the landlord changes the manner or location in which he or she is holding the
advance rent or security deposit, he or she shall notify the tenant within 30 days of the change according to
the provisions herein set forth. This subsection does not apply to any landlord who rents fewer than five
individual dwelling units. Failure to provide this notice shall not be a defense to the payment of rent when
due.
32-03 83.49(3) FS (a) Upon the vacating of the premises for termination of the lease, the landlord shall
have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall
have 30 days to give the tenant written notice by certified mail to the tenant's last known mailing address of
his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall
contain a statement in substantially the following form: This is a notice of my intention to impose a claim for
damages in the amount of [dollar amount] upon your security deposit, due to [specified reason]. It is sent to
you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to
this deduction from your security deposit within 15 days from the time you receive this notice or I will be
authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord's
address). If the landlord fails to give the required notice within the 15-day period, he or she forfeits the right
to impose a claim upon the security deposit.
32-05 83.49(7) and (8) FS Upon the sale or transfer of title of the rental property from one owner to
another, or upon a change in the designated rental agent, any and all security deposits or advance rents
being held for the benefit of the tenants shall be transferred to the new owner or agent, together with any
earned interest and with an accurate accounting showing the amounts to be credited to each tenant
account. Upon the transfer of such funds and records as stated herein, and upon transmittal of a written
receipt therefore, the transferor shall be free from the obligation imposed in subsection (1) to hold such
moneys on behalf of the tenant. However, nothing herein shall excuse the landlord or agent for a violation of
the provisions of this section while in possession of such deposits. Any person licensed under the
provisions of s. 509.241, unless excluded by the provisions of this part, who fails to comply with the
provisions of this part shall be subject to a fine or to the suspension or revocation of his or her license by the
Division of Hotels and Restaurants of the Department of Business and Professional Regulation in the
manner provided in s. 509.261.
32-06 83.49(9) FS In those cases in which interest is required to be paid to the tenant, the landlord shall
pay directly to the tenant, or credit against the current month's rent, the interest due to the tenant at least
once annually. However, no interest shall be due a tenant who wrongfully terminates his or her tenancy
prior to the end of the rental term.
33-02 509.141(2) and (3) FS The operator of any public lodging establishment or public food service
establishment shall notify such guest that the establishment no longer desires to entertain the guest and
shall request that such guest immediately depart from the establishment. Such notice may be given orally or
in writing. If the notice is in writing, it shall be as follows: You are hereby notified that this establishment no
longer desires to entertain you as its guest, and you are requested to leave at once. To remain after receipt
of this notice is a misdemeanor under the laws of this state. If such guest has paid in advance, the
establishment shall, at the time such notice is given, tender to such guest the unused portion of the advance
payment; however, the establishment may withhold payment for each full day that the guest has been
entertained at the establishment for any portion of the 24-hour period of such day. Any guest who remains
or attempts to remain in any such establishment after being requested to leave is guilty of a misdemeanor of
the second degree, punishable as provided in s. 775.082 or s. 775.083.
33-03 509.141(4) FS If any person is illegally on the premises of any public lodging establishment , the
operator of such establishment may call upon any law enforcement officer of this state for assistance. It is
the duty of such law enforcement officer, upon the request of such operator, to place under arrest and take
into custody for violation of this section any guest who violates subsection (3) in the presence of the officer.
If a warrant has been issued by the proper judicial officer for the arrest of any violator of subsection (3), the
officer shall serve the warrant, arrest the person, and take the person into custody. Upon arrest, with or
without warrant, the guest will be deemed to have given up any right to occupancy or to have abandoned
such right of occupancy of the premises, and the operator of the establishment may then make such
premises available to other guests. However, the operator of the establishment shall employ all reasonable
and proper means to care for any personal property which may be left on the premises by such guest and
shall refund any unused portion of moneys paid by such guest for the occupancy of such premises.
33-04 509.142 FS Conduct on premises; refusal of service. - The operator of a public lodging
establishment or public food service establishment may refuse accommodations or service to any person
whose conduct on the premises of the establishment displays intoxication, profanity, lewdness, or brawling;
who indulges in language or conduct such as to disturb the peace or comfort of other guests; who engages
in illegal or disorderly conduct; who illegally possesses or deals in controlled substances as defined in
chapter 893; or whose conduct constitutes a nuisance. Such refusal may not be based upon race, creed,
color, sex, physical disability, or national origin.
33-05 509.401(1) FS If, upon a reasonable determination by an operator of a public lodging
establishment, a guest has accumulated a large outstanding account at such establishment, the operator
may lock the guest out of the guest's rental unit for the purpose of requiring the guest to confront the
operator and arrange for payment on the account. Such arrangement must be in writing, and a copy must be
furnished to the guest. [EXEMPTION -- 509.4005 FS: Applicability of s. 509.401-509.417. -- Sections
509.401-509.417 apply only to guests in transient occupancy in a public lodging establishment.]
33-06 509.401(2) FS Once the guest has confronted the operator and made arrangements for payment
on the account, the operator shall provide the guest with unrestricted access to the guest's rental unit.
[EXEMPTION -- 509.4005 FS: Applicability of s. 509.401-509.417. -- Sections 509.401-509.417 apply only
to guests in transient occupancy in a public lodging establishment.]
33-07 509.401(3) FS The operator shall at all times permit the guest to remove from the rental unit any
items of personal property essential to the health of the guest. [EXEMPTION -- 509.4005 FS: Applicability of
s. 509.401-509.417. -- Sections 509.401-509.417 apply only to guests in transient occupancy in a public
lodging establishment.]
33-08 61C-3.002(4) FAC 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: (a) 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; (b) The failure to
disclose that additional telephone surcharges are being applied which exceed the user-line charges of the
local telephone company; and (c) When an individual or party is deprived 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: 1. Make every effort to find other comparable accommodations; and 2. Refund all monies deposited
for such reservation whether deposited with the public lodging establishment, or a travel or booking agent.
34-01 509.241(1) FS The division may refuse to issue a license, or a renewal thereof, to any
establishment an operator of which, within the preceding 5 years, has been adjudicated guilty of, or has
forfeited a bond when charged with, any crime reflecting on professional character, including soliciting for
prostitution, pandering, letting premises for prostitution, keeping a disorderly place, or illegally dealing in
controlled substances as defined in chapter 893, whether in this state or in any other jurisdiction within the
United States, or has had a license denied, revoked, or suspended pursuant to s. 400.414.
34-02 509.281(1) FS The division or an agent of the division, upon ascertaining by inspection that any
public lodging establishment or public food service establishment is being operated contrary to the
provisions of this chapter, shall make complaint and cause the arrest of the violator, and the state attorney,
upon request of the division or agent, shall prepare all necessary papers and conduct the prosecution. The
division shall proceed in the courts by mandamus or injunction whenever such proceedings may be
necessary to the proper enforcement of the provisions of this chapter, of the rules adopted pursuant hereto,
or of orders of the division.
34-03 509.281(2) FS Any operator who obstructs or hinders any agent of the division in the proper
discharge of the agent's duties; who fails, neglects, or refuses to obtain a license or pay the license fee
required by law; or who fails or refuses to perform any duty imposed upon it by law or rule is guilty of a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Each day that
such establishment is operated in violation of law or rule is a separate offense.
35-01 386.204 FS Prohibition. A person may not smoke in enclosed indoor workplace, except as
otherwise provided in s. 386.2045.
35-02 386.2045 FS Enclosed indoor workplaces; specific exceptions.--Notwithstanding s. 386.204
tobacco smoking may be permitted in each of the following places: (1) PRIVATE RESIDENCE.-- A private
residence whenever it is not being used commercially to provide child care, adult care, or health care, or any
combination thereof as defined in s. 386.203(1). (2) RETAIL TOBACCO SHOP.--An enclosed indoor
workplace dedicated to or predominantly for the retail sale of tobacco, tobacco products, and accessories for
such products, as defined in s. 386.203(8). (3) DESIGNATED SMOKING GUEST ROOM.-- A designated
smoking guest room at a public lodging establishment as defined in s. 386.203(4). (4) STAND-ALONE
BAR.-- A business that meets the definition of a stand-alone bar as defined in s. 386.203(11) and that
otherwise complies with all applicable provisions of the Beverage Law and this part. (5) SMOKING
CESSATION PROGRAM, MEDICAL OR SCIENTIFIC RESEARCH.-- An enclosed indoor workplace, to the
extent that tobacco smoking is an integral part of a smoking cessation program approved by the department,
or medical or scientific research conducted therein. Each room in which tobacco smoking is permitted must
comply with the signage requirements in s. 386.206. (6) CUSTOMS SMOKING ROOM.-- A customs
smoking room in a airport in-transit lounge under the authority and control of the Bureau of Customs and
Border Protection of the United States Department of Homeland Security subject to the restrictions
contained in s. 386.205.
36-01 509.2015 FS Telephone surcharges by public lodging establishments. (1) A public lodging
establishment which imposes a surcharge for any telephone call must post notice of such surcharge in a
conspicuous place located by each telephone from which a call which is subject to a surcharge may
originate. Such notice must be plainly visible and printed on a sign that is not less than 3 inches by 5 inches
in size, and such notice shall clearly state if the surcharge applies whether or not the telephone call has
been attempted or completed. (2) The division may, pursuant to s. 509.261, suspend or revoke the license
of, or impose a fine against, any public lodging establishment that violates subsection (1).
37-01 509.101(2) FS It is the duty of each operator of a transient establishment to maintain at all times a
register, signed by or for guests who occupy rental units within the establishment, showing the dates upon
which the rental units were occupied by such guests and the rates charged for their occupancy. This
register shall be maintained in chronological order and available for inspection by the division at any time.
Operators need not make available registers which are more than 2 years old. Each operator shall maintain
at all times a current copy of this chapter in the office of the licensed establishment which shall be made
available to the public upon request.
38-01 509.032(2)(b) FS For purposes of performing required inspections and the enforcement of this
chapter, the division has the right of entry and access to public lodging establishments . . .at any reasonable
time.
38-02 509.241(1) and (2) FS and 61C-1.002(6) FAC LICENSES; ANNUAL RENEWALS. Each public
lodging establishment shall obtain a license from the division. Such licenses may not be transferred from
one place or individual to another. Licenses shall be renewed annually. APPLICATION FOR LICENSE.--
Each person who plans to open a public lodging establishment . . . shall apply for and receive a license from
the division prior to the commencement of operation. A condominium association, as defined in s. 718.103,
which does not own any units classified as resort condominiums under s. 509.242(1)(c) shall not be required
to apply for or receive a public lodging establishment license. It is the responsibility of the licensee to renew
the license prior to the expiration date. Any public lodging establishment operating on an expired license is
deemed to be operating without a license, and subject to the penalties provided for this offense in law and
rule.
38-03 509.241(3) FS and 61C-1.002(1) and (7) FAC DISPLAY OF LICENSE. -- Any license issued by the
division shall be conspicuously displayed in the office or lobby of the licensed establishment. The current
license from the division shall be conspicuously displayed in the office or lobby of the 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. The division shall issue a license, which is BPR form 21-022, PUBLIC
LODGING AND FOOD SERVICE LICENSE, incorporated herein by reference and effective 9-25-96 to each
public lodging establishment which has satisfied the requirements of Chapter 509, FS, and this chapter upon
initial licensing and annual renewal.
38-04 509.242(2) FS If 25 percent or more of the units in any public lodging establishment fall within a
classification different from the classification under which the establishment is licensed, such establishment
shall obtain a separate license for the classification representing the 25 percent or more units which differ
from the classification under which the establishment is licensed.
38-05 61C-1.002(4)(d) FAC For public lodging establishments except for resort condominiums and resort
dwellings, the operator is required to notify the division immediately of any changes in the number of rental
units.
38-06 61C-1.002(4)(c)(5a) FAC For inspection purposes, the licensee or designee shall, upon request,
meet the inspector at the site of a specified establishment with keys to the units or dwellings.
38-07 61C-1.002(4)(c)(5b) and (5c) and (5d) FAC A licensed agent or operator shall notify the division of
any and all condominium units or dwelling houses or units represented for inclusion in the license application
using BPR form 21-030, LIST FOR COLLECTIVE LICENSE-RESORT CONDOMINIUMS AND RESORT
DWELLINGS, incorporated herein by reference and effective 9-25-96, or BPR form 21-031, LIST FOR
SINGLE OR GROUP LICENSE-RESORT CONDOMINIUMS AND RESORT DWELLINGS, incorporated
herein by reference and effective 9-25-96. Copies of these forms may be obtained from any division office.
Notification of additions or deletions of resort dwelling houses or units listed in a collective license or resort
condominiums units in a single or group license shall be sent to the division at least 60 days prior to the
expiration date of the license. Notification of changes is required only if changes occur. In addition, any
such additions or deletions shall be maintained in a written form for inspection by request. The licensed
agent or operator shall notify the division by listing the specific street address and unit number on BPR form
21-032, NOTIFICATION OF CHANGE -- RESORT CONDOMINIUMS AND RESORT DWELLINGS,
incorporated herein by reference and effective 9-25-96. Copies of this form may be obtained from any
division office. Failure to fulfill any of the responsibilities of the licensee, as set forth in paragraphs a.- c.
above, constitutes failure to make the premises available for inspection.
38-08 61C-1.002(4)(c)(5e) and (5f) and (5g) FAC If a unit has been removed from a collective or group
license, the licensee shall inform the division in writing. In the case of a single license, the owner of the unit
or dwelling shall be responsible for all violations pursuant to Chapter 509, FS, and Chapters 61C-1 and 61C-
3, FAC. In the case of a collective license or group license, the licensed agent shall be responsible for all
violations pursuant to Chapter 509, FS, and Chapters 61C-1 and 61C-3, FAC, if violations occurred while
the unit or dwelling was listed under the licensed agent or as reflected in records filed with the division.
39-01 61C-1.004(6) FAC All building structural components, attachments and fixtures shall be kept clean
and free of obstructions.
39-04 61C-3.001(2) FAC Bedroom closets shall be kept clean. [EXEMPTION -- 61C-3.001(12) FAC:
Resort condominiums, nontransient apartments and resort dwellings are exempt from subsections (1), (2)
and (3) of this rule. Establishments opting to provide any of the services listed in subsections (2) and (3) of
this rule shall comply with the requirements described herein.]
39-08 61C-3.001(6) FAC Linen rooms, service sinks and closets - Linen rooms, service sinks and closets
shall be kept clean, neat and orderly.
40-01 509.221(8) FS A person, while suffering from any contagious or communicable disease, while a
carrier of such disease, or while afflicted with boils or infected wounds or sores, may not be employed by
any establishment licensed under this chapter, in any capacity whereby there is a likelihood such disease
could be transmitted to other individuals. An operator that has reason to believe that an employee may
present a public health risk shall immediately notify the proper health authority.
40-02 61C-1.004(9)(d) FAC Carbon dioxide and helium tanks shall be adequately secured so as to
preclude any danger to safety.
40-03-1 61C-1.004(6) FAC All building structural components, attachments and fixtures shall be kept in good
repair, clean and free of obstructions.
40-04 450.045 FS: Proof of age; posting of notices.--(1) Any person who hires, employs, or suffers to work
any child shall, in addition to the limitations provided in this part, first obtain and keep on record during the
entire period of such employment proof of the child's age. This requirement shall be satisfied by: (a) A
photocopy of the child's birth certificate; (b) A photocopy of the child's driver's license; (c) An age certificate
issued by the district school board of the district in which the child is employed, certifying the child's date of
birth; or (d) A photocopy of a passport or visa which lists the child's date of birth. (2) Any person who hires,
employs, or suffers to work any minor shall post at a conspicuous place on the property or place of
employment, where it may be easily read, a poster notifying minors of the Child Labor Law, to be provided
by the division upon request.
40-05 450.045 FS: Proof of age; posting of notices.--(1) Any person who hires, employs, or suffers to work
any child shall, in addition to the limitations provided in this part, first obtain and keep on record during the
entire period of such employment proof of the child's age. This requirement shall be satisfied by: (a) A
photocopy of the child's birth certificate; (b) A photocopy of the child's driver's license; (c) An age certificate
issued by the district school board of the district in which the child is employed, certifying the child's date of
birth; or (d) A photocopy of a passport or visa which lists the child's date of birth. (2) Any person who hires,
employs, or suffers to work any minor shall post at a conspicuous place on the property or place of
employment, where it may be easily read, a poster notifying minors of the Child Labor Law, to be provided
by the division upon request.
40-06 450.045 FS: Proof of age; posting of notices.--(1) Any person who hires, employs, or suffers to work
any child shall, in addition to the limitations provided in this part, first obtain and keep on record during the
entire period of such employment proof of the child's age. This requirement shall be satisfied by: (a) A
photocopy of the child's birth certificate; (b) A photocopy of the child's driver's license; (c) An age certificate
issued by the district school board of the district in which the child is employed, certifying the child's date of
birth; or (d) A photocopy of a passport or visa which lists the child's date of birth. (2) Any person who hires,
employs, or suffers to work any minor shall post at a conspicuous place on the property or place of
employment, where it may be easily read, a poster notifying minors of the Child Labor Law, to be provided
by the division upon request.
41-01 364.3376(5) FS Each call aggregator shall post in the immediate vicinity of each telephone
available to the public the name of the operator service provider, a toll-free customer service number, a
statement that rate quotes are available upon request, and instructions on how the end-user may access
other operator service providers and such other information determined by the commission to be necessary
in the public interest.

42-01 364.3376(6) FS Neither the operator service provider nor the call aggregator shall block or prevent
an end-user's access to the end-user's operator service provider of choice, except that the commission shall
grant limited waivers to operator service providers or call aggregators upon a showing that such waiver is in
the public interest.

				
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