Division of Alcoholic Beverages and Tobacco Annual Regulatory Plan

Transcription

1 Section 1 Division of Alcoholic Beverages and Tobacco Annual Regulatory Plan s Enacted or Amended within the previous 12 months which create or modify the duties or authority of the Department. Is Mandatory Development Expected rulemaking rulemaking? Published? publication date If rulemaking is not necessary? Explain necessary? If for NPRM Yes, Citation (2)(c), F.S. No No Increases the number of individual containers of each branded product that a craft distillery may sell in faceto-face transactions with customers in the distillery's onpremises gift shop area. Rulemaking by the Division in not necessary to implement (2), F.S. No No Specifies that regional and district management positions of the Division's Bureaus shall be classified as Select Exempt Services ("SES") in the state personnel system. Rulemaking by the Division in not necessary to implement (2). F.S. No No Adds the Agency for Health Care Administration ("ACHA") as an agency authorized to certify that an applicant for a Consumption on Premises license meets the sanitary requirements of the state. Rulemaking by the Division in not necessary to implement (2)(a)5., F.S. No No Clarifies that licensed alcoholic beverage caterers must derive a minimum of 51% of gross food and beverage revenue form the sale of food and non-alcoholic beverages. Rulemaking by the Division in not necessary to implement.

2 (1) and (3), F.S. No Yes By 11/6/17 By 4/1/18 Eliminates the fees associated with the issuance of a temporary license for applications for transfer of a license or applications for increase in type or series of a license. Rulemaking may be necessary to revise and update fee information on applicable application forms (1), F.S. No No Clarifies definition of "wine" to include sake. Rulemaking by the Division is not necessary to implement (2)(a), F.S. No Yes By 11/6/17 By 4/1/18 Ch , L.O.F. No No Ch and , L.O.F. No No Reduces the annual license fee from $4,000 to $1,000 for distilleries which produce distilled spirits below the statutory annual threshold to qualify as a craft distillery. Rulemaking may be necessary to revise and update fee information on applicable application forms. Authorizes a business located inside of the Stadium District of the City of Jacksonville, which is licensed to sell alcoholic beverages to patrons for consumption on the licensed premises, to also sell such beverages to patrons for consumption off the licensed premises during special events. Rulemaking by the Division is not necessary to implement. Amends Ch , L.O.F., as amended by Ch , L.O.F., to create three new special zoning areas in the City of Jacksonville the Murray Hill Commercial Area, the Springfield Commercial Area, and the San Marco Transportation Corridor within which the Division of Alcoholic Beverages and Tobacco is authorized to issue a special alcoholic beverage license to any restaurant that regularly serves full course meals, derives no less than 51% of gross income from the sale of food, and maintains a premises of at least 1,800 square feet and accommodations for a minimum of 100 patrons at tables. The bill effectively amends Chapter , L.O.F., as amended by Chapter , L.O.F., to include these new zoning areas within this special licensing authority. Rulemaking by the Division is not necessary to implement.

3 Ch , L.O.F. No No (1) and (2), F.S. No No Defines event centers and authorizes the Division of Alcoholic Beverages and Tobacco to issue special alcoholic beverage licenses to event centers in Charlotte County. Rulemaking by the Division is not necessary to implement. Defines beer to mean a brewed beverage that meets the federal definition of beer in 27 C.F.R. s and contains less than 6 percent alcohol by volume and malt beverage to mean all brewed beverages containing malt. However, the new amendment limits the state statute correlation to the federal definition to brewed beverages covered by 27 CFR that are under 6 percent alcohol by volume. The amendment specifies that the terms "beer" and "malt beverage" have the same meaning when either term is used in the Beverage. The terms do not include alcoholic beverages that require a certificate of label approval by the Federal Government as wine or as distilled spirits. Rulemaking by the Division is not necessary to implement. Section 2 s not listed above that the agency expects to implement by rulemaking by the following July 1. Is rulemaking intended to: Simplify Clarify Increase efficiency Improve coordination with other agencies Reduce regulatory costs Delete obsolete, unnecessary or redundant rules [Space Intentionally Left Blank; See Following Page]

4 Section 3 Updates to Annual Regulatory Plan s Enacted or Amended within the previous 12 months - NPRM Has Not Been Published Rule Development Citation (If agency determined that rulemaking is unnecessary) Explanation of reason why the law may be implemented without rulemaking Other updates to Annual Regulatory Plan

5 Section 1 Asbestos Licensing Unit Annual Regulatory Plan s Enacted or Amended within the previous 12 months which create or modify the duties or authority of the Department. Is Mandatory Development Expected rulemaking rulemaking? Published? publication date If rulemaking is not necessary? Explain necessary? If for NPRM Yes, Citation Section 2 s not listed above that the agency expects to implement by rulemaking by the following July 1. Is rulemaking intended to: Simplify Clarify Increase efficiency Improve coordination with other agencies Reduce regulatory costs Delete obsolete, unncessary or redundant rules Section 3 Updates to Annual Regulatory Plan s Enacted or Amended within the previous 12 months - NPRM Has Not Been Published Rule (If agency determined that rulemaking is unnecessary) Explanation of reason why the law may be Development implemented without rulemaking Citation Other updates to Annual Regulatory Plan

6 Section 1 Athlete Agents Unit Annual Regulatory Plan s Enacted or Amended within the previous 12 months which create or modify the duties or authority of the Department. Is Mandatory Development Expected rulemaking rulemaking? Published? publication date If rulemaking is not necessary? Explain necessary? If for NPRM Yes, Citation Section 2 s not listed above that the agency expects to implement by rulemaking by the following July 1. Is rulemaking intended to: Simplify Clarify Increase efficiency Improve coordination with other agencies Reduce regulatory costs Delete obsolete, unncessary or redundant rules Section 3 Updates to Annual Regulatory Plan s Enacted or Amended within the previous 12 months - NPRM Has Not Been Published Rule Development Citation (If agency determined that rulemaking is unnecessary) Explanation of reason why the law may be implemented without rulemaking Other updates to Annual Regulatory Plan

7 Division of Condominiums, Time Shares, and Mobile Homes Annual Regulatory Plan Section 1 s Enacted or Amended within the previous 12 months which create or modify the duties or authority of the Department. Is Expected Mandatory Development rulemaking publication rulemaking? Published? If Yes, necessary? date for Citation NPRM (13)(e), F.S. No No If rulemaking is not necessary? Explain Establishes a reporting requirement to the Division upon a failure of a Condominium Association to provide a copy of the most recent financial report by a unit owner, which can authorize the Division to remove the right to waive a more expensive financial report if the Association fails to provide the requested report to the owner after notice. Rulemaking by the the Division is not necessary to implement (2)(j), F.S. No Yes By 11/1/17 By 4/1/ (4), F.S. No Yes By 11/1/17 By 4/1/ , F.S. No No Requires Condominium Associations to report to the Division an annual report containing the names of all of the financial institutions with which it maintains accounts, and permits any association member to get a copy of such report from the Division. Rulemaking by the Division is not necessary to implement.

8 Ch , s. 2, L.O.F. No No (8), F.S. No No (6), F.S. No No , F.S. No No (21), F.S. No No Requires the Division to notify Condominium Associations with 150 or more units of the website requirement as set forth in s (12), F.S., on its annual billing statement required by s (2)(a), F.S. Rulemaking by the Division is not necessary to implement. Amends the requirements for an estoppel certificate, provides a waiver of certain Condominium Association rights under certain conditions in an estoppel certificate, and provides and revises the fee and supplemental fee requirements associated with an estoppel certificate. Rulemaking by the Division is necessary to implement. Amends the requirements for an estoppel certificate, provides a waiver of certain Cooperative Association rights under certain conditions in an estoppel certificate, and provides and revises the fee and supplemental fee requirements associated with an estoppel certificate. Rulemaking by the Division is necessary to implement. Amends the requirements for an estoppel certificate, provides a waiver of certain Homeowners Association rights under certain conditions in an estoppel certificate, and provides and revises the fee and supplemental fee requirements associated with an estoppel certificate. Rulemaking by the Division is necessary to implement. Clarifies the definition of "interestholder." Rulemaking by the Division is not necessary to implement.

9 721.08(11), F.S. No No , F.S. No No , F.S. No No , F.S. No No Clarifies provisions related to timeshare component site property regimes. Rulemaking by the Division is not necessary to implement. Amends and revises the requirements for termination of timeshare plans. Rulemaking by the Division is not necessary to implement. Creates a new section related to the extension of the term of a timeshare plan. Rulemaking by the Division is not necessary to implement. Amends and revises the requirements for termination of a Condominium Association. Requires a plan of termination be approved by the Division and meet specified requirements for a condominium form of ownership to be terminated for all or a portion of the condominium property under certain circumstances. Rulemaking by the Division is not necessary to implement. Section 2 s not listed above that the agency expects to implement by rulemaking by the following July 1. Is rulemaking intended to: Simplify Clarify Increase efficiency Improve coordination with other agencies Reduce regulatory costs Delete obsolete, unncessary or redundant rules , F.S. x x x , F.S. x x x

10 , F.S. x x x , F.S. x x x Section 3 Updates to Annual Regulatory Plan s Enacted or Amended within the previous 12 months - NPRM Has Not Been Published Rule Development Citation (If agency determined that rulemaking is unneccessary) Explanation of reason why the law may be implemented without rulemaking Other updates to Annual Regulatory Plan

11 Division of Drugs, Devices and Cosmetics Annual Regulatory Plan Section 1 s Enacted or Amended within the previous 12 months which create or modify the duties or authority of the Department. Is Mandatory Development Expected rulemaking rulemaking? Published? publication If rulemaking is not necessary? Explain necessary? If date for NPRM Yes, Citation , F.S. No Yes 7/19/17 - v.43/139 8/17/17 - v Eliminates the registration of cosmetic products with the Division by cosmetic manufacturers physically located in Florida, as well as eliminates the Division's authority to issue a certificate of free sale for cosmetic products (6), F.S. No No Clarifies the definition of "certificate of free sale." Rulemaking by the Division is not necessary to implement (1)(c), F.S. No Yes 7/19/17 - v.43/139 8/17/17 - v Revises the annual fee caps for cosmetic manufacturing permits (6), F.S. No Yes 7/19/17 - v.43/139 8/17/17 - v Eliminates the requirement of an annual product registration fee by cosmetic manufacturers physically located in Florida (2), F.S. No No Clarifies the scope of authority relating to inspections and investigations by the Division or authorized individuals. Rulemaking by the Division is not necessary to implement.

12 Section 2 s not listed above that the agency expects to implement by rulemaking by the following July 1. Is rulemaking intended to: Simplify Clarify Increase efficiency Improve coordination with other agencies Reduce regulatory costs Delete obsolete, unncessary or redundant rules , F.S. Section 3 Updates to Annual Regulatory Plan s Enacted or Amended within the previous 12 months - NPRM Has Not Been Published Rule Development Citation (If agency determined that rulemaking is unnecessary) Explanation of reason why the law may be implemented without rulemaking Other updates to Annual Regulatory Plan

13 Departmental Rules Annual Regulatory Plan Section 1 s Enacted or Amended within the previous 12 months which create or modify the duties or authority of the Department. Is Mandatory Development Expected rulemaking rulemaking? Published? publication If rulemaking is not necessary? Explain necessary? If date for NPRM Yes, Citation , F.S. Yes Yes (7), F.S. Yes Yes (2), F.S. Yes Yes (1), F.S. Yes No , F.S. No No By November 1, /13/17 - v.43, n. 135 ; 7/28/17 - v.43, n /29/17 - v.43, n. 126 By April 1, /25/17 - v.43, n. 166 ; 8/4/17 - v. 43, n /4/17 - v.43, n. 151 Disclosure form language will incorporate and mimic statutory language. Rulemaking by the Department is not necessary to implement. Establishes the Department to develop and maintain a website to act as a depository for electronic registry housing remediation plans and certificates of conformity filed with the Department. Rulemaking by the Department is not necessary to implement

14 Section 2 s not listed above that the agency expects to implement by rulemaking by the following July 1. Is rulemaking intended to: Simplify Clarify Increase efficiency Improve coordination with other agencies Reduce regulatory costs Delete obsolete, unncessary or redundant rules , F.S , F.S , F.S , F.S (1), F.S , F.S , F.S F.S , F.S , F.S , F.S.

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16 475.24, F.S , F.S. Section 3 Updates to Annual Regulatory Plan s Enacted or Amended within the previous 12 months - NPRM Has Not Been Published , F.S , F.S. Rule Development Citation v.42, n.77 v.42, n.77 (If agency determined that rulemaking is unnecessary) Explanation of reason why the law may be implemented without rulemaking Rulemaking did not proceed further based upon the Department's emergency phyiscal move as well as the subject matter being addressed in the 2017 legislative session, and as such, rulemaking was halted to incorporate the new changes in law (Ch , L.O.F./HB 617). Rulemaking did not proceed further based upon the Department's emergency phyiscal move as well as the subject matter being addressed in the 2017 legislative session, and as such, rulemaking was halted to incorporate the new changes in law (Ch , L.O.F./HB 617). Other updates to Annual Regulatory Plan

17 Section 1 Farm and Child Labor Program Annual Regulatory Plan s Enacted or Amended within the previous 12 months which create or modify the duties or authority of the Department. Is Mandatory Development Expected rulemaking rulemaking? Published? publication date If rulemaking is not necessary? Explain necessary? If for NPRM Yes, Citation Section 2 s not listed above that the agency expects to implement by rulemaking by the following July 1. Is rulemaking intended to: Simplify Clarify Increase efficiency Improve coordination with other agencies Reduce regulatory costs Delete obsolete, unncessary or redundant rules Section 3 Updates to Annual Regulatory Plan s Enacted or Amended within the previous 12 months - NPRM Has Not Been Published Rule (If agency determined that rulemaking is unnecessary) Explanation of reason why the law may be Development implemented without rulemaking Citation Other updates to Annual Regulatory Plan

18 Florida Building Commission Annual Regulatory Plan Section 1 s Enacted or Amended within the previous 12 months which create or modify the duties or authority of the Department. Mandatory rulemaking? No Yes Is rulemaking necessary? Development Published, If yes citation Yes; 12/27/16, Vol. 42/249 Expected publication date for NPRM 5/19/16, Vol. 43/98 If rulemaking is not necessary, explain s. 2, ch Yes Yes Yes; 12/27/16, Vol. 42/249 5/19/16, Vol. 43/ No No Deals with fees that local enforcement agencies may assess. Rulemaking by the Commission is not necessary to implement No Yes No Yes Yes Yes Yes; 7/25/2017 Vol. 43/143 By April 1, 2018 Yes; 7/25/2017 Vol. 43/143 By April 1, 2018 Yes; 12/27/16, Vol. 42/249 5/19/16, Vol. 43/98

19 Section 2 s not listed above that the agency expects to implement by rulemaking by the following July 1. Is rulemaking intended to: Simplify Clarify Increase efficiency Improve coordination with other agencies Reduce regulatory costs Delete obsolete, unnecessary or redundant rules Triennial Update to the Florida Building Code x x x x x Section 3 Updates to Annual Regulatory Plan s Enacted or Amended within the previous 12 months - NPRM Has Not Been Published Rule Developme nt Citation (If agency determined that rulemaking is unnecessary) Explanation of reason why the law may be implemented without rulemaking Other updates to Annual Regulatory Plan

20 Section 1 Home Inspectors Licensing Unit Annual Regulatory Plan s Enacted or Amended within the previous 12 months which create or modify the duties or authority of the Department. Is Mandatory Development Expected rulemaking rulemaking? Published? publication date If rulemaking is not necessary? Explain necessary? If for NPRM Yes, Citation Section 2 s not listed above that the agency expects to implement by rulemaking by the following July 1. Is rulemaking intended to: Simplify Clarify Increase efficiency Improve coordination with other agencies Reduce regulatory costs Delete obsolete, unnecessary or redundant rules Section 3 Updates to Annual Regulatory Plan s Enacted or Amended within the previous 12 months - NPRM Has Not Been Published Rule (If agency determined that rulemaking is unnecessary) Explanation of reason why the law may be Development implemented without rulemaking Citation Other updates to Annual Regulatory Plan

21 Division of Hotels and Restaurants Annual Regulatory Plan Section 1 s Enacted or Amended within the previous 12 months which create or modify the duties or authority of the Department. Mandatory rulemaking? Is rulemaking necessary? Development Published, If yes citation Expected publication date for NPRM If rulemaking is not necessary, explain Section 2 s not listed above that the agency expects to implement by rulemaking by the following July 1. Increase efficiency Improve coordination with other agencies Reduce regulat ory costs Is rulemaking intended to: Simplify Clarify Remove periodic test specifications and clarify requirements for service maintenance contracts and verification timeframe. Yes Yes Yes No No No Delete obsolete, unncessary or redundant rules New rule to adopt requirements for sump pumps. Yes Yes Yes No No No New rule to specify periodic test frequency and records frequency. Yes Yes Yes No No No New rule to adopt statutorily mandated accident report. Yes Yes Yes No No No

22 399.01, , , Specify requirements for the Certificate of Comprehensive General Liability Insurance and update licensure applications. Yes Yes Yes No No No Conform unlicensed activity violation penalty ranges to citation penalty ranges. Yes Yes Yes No No No Edit requirements for variance applications. Yes Yes Yes No No No , , Specify alteration acceptance inspections are not valid satisfactory inspections for the purpose of certificate of operation renewal. Specify requirements for annual service maintenance contract to qualify for inspection exemption. Update licensure applications. Yes Yes Yes No No No Adopt safety codes includedin the 6th Edition Florida Building Code as approved bythe Florida Building Commission. Yes Yes Yes No No No Require elevators to comply with the Maintenance Control Program documentation requirement and provide the means of viewing the program electronically. Yes Yes Yes No No No Allow alternative test methods in place of the full load weight test. Yes Yes Yes No No No Inspection report adoption and safety inspection rule to specify department and licensee responsibilities. Yes Yes Yes No No No

23 Section 3 Updates to Annual Regulatory Plan s Enacted or Amended within the previous 12 months - NPRM Has Not Been Published (If agency determined that rulemaking is unnecessary) Explanation of Rule Development Citation reason why the law may be implemented without rulemaking Other updates to Annual Regulatory Plan

24 Section 1 Mold-Related Services Licensing Unit Annual Regulatory Plan s Enacted or Amended within the previous 12 months which create or modify the duties or authority of the Department. Is Mandatory Development Expected rulemaking rulemaking? Published? publication date If rulemaking is not necessary? Explain necessary? If for NPRM Yes, Citation Section 2 s not listed above that the agency expects to implement by rulemaking by the following July 1. Is rulemaking intended to: Simplify Clarify Increase efficiency Improve coordination with other agencies Reduce regulatory costs Delete obsolete, unnecessary or redundant rules Section 3 Updates to Annual Regulatory Plan s Enacted or Amended within the previous 12 months - NPRM Has Not Been Published Rule (If agency determined that rulemaking is unnecessary) Explanation of reason why the law may be Development implemented without rulemaking Citation Other updates to Annual Regulatory Plan

25 Section 1 Division of Pari-Mutuel Wagering Annual Regulatory Plan s Enacted or Amended within the previous 12 months which create or modify the duties or authority of the Department. Mandatory Is rulemaking Expected Development rulemaking? necessary? publication date If rulemaking is not necessary? Explain Published? for NPRM If Yes, Citation Section 2 s not listed above that the agency expects to implement by rulemaking by the following July 1. Is rulemaking intended to: Simplify Clarify Increase efficiency Improve coordination with other agencies Reduce regulatory costs Delete obsolete, unnecessary or redundant rules , , , , , , , , , , FS , , FS , , FS FS , , , , , , , , , , FS

26 Section 3 Updates to Annual Regulatory Plan s Enacted or Amended within the previous 12 months - NPRM Has Not Been Published Rule Development Citation (If agency determined that rulemaking is unnecessary) Explanation of reason why the law may be implemented without rulemaking Other updates to Annual Regulatory Plan

27 Section 1 Talent Agencies Unit Annual Regulatory Plan s Enacted or Amended within the previous 12 months which create or modify the duties or authority of the Department. Is Mandatory Development Expected rulemaking rulemaking? Published? publication date If rulemaking is not necessary? Explain necessary? If for NPRM Yes, Citation Section 2 s not listed above that the agency expects to implement by rulemaking by the following July 1. Is rulemaking intended to: Simplify Clarify Increase efficiency Improve coordination with other agencies Reduce regulatory costs Delete obsolete, unnecessary or redundant rules Section 3 Updates to Annual Regulatory Plan s Enacted or Amended within the previous 12 months - NPRM Has Not Been Published Rule (If agency determined that rulemaking is unnecessary) Explanation of reason why the law may be Development implemented without rulemaking Citation Other updates to Annual Regulatory Plan

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