Florida DBPR Issues New Post-Storm Emergency Orders
On October 31, 2024, the Department of Business and Professional Regulation issued Emergency Orders 2024-11 and 2024-12 to help streamline recovery efforts for Hurricane Milton and extend emergency provisions for Hurricane Helene.
The key provisions affecting the hospitality and alcoholic beverage industries involve the extension of renewal and reporting guidelines. Those excerpts are reproduced below:
Extends renewal deadlines from September 30, October 1, and October 31, 2024, to November 30, 2024, for the following licenses:
Hotels and Restaurants: Public Lodging Establishments, Vacation Rentals, Timeshare Projects, and Public Food Service Establishments.
Alcoholic Beverages and Tobacco: Retail Vendors, Distributors, Manufacturers, Importers, Brokers, Sales Agents, Passenger Common Carriers, and Bottle Clubs.
Suspends and tolls all time requirements and deadlines for licensees and permitees filing monthly reports and returns as required by sections 210.02, 210.09, 210.55, 561.50, and 561.55, Florida Statutes until November 30, 2024.
The full update from the Department, with key sections in bold, can be found below.
On October 31, 2024, the Department of Business and Professional Regulation filed Emergency Order 2024-11 to waive or modify statutes, orders, and rules that would prevent, hinder, or delay Florida’s response to Hurricane Milton. DBPR Emergency Order 2024-11 provides the following:
Certified and Registered Contractors
Suspends certain provisions of section 489.113(3), Florida Statutes, to allow certified or registered general contractors, building contractors, or residential contractors to subcontract roofing work for the repair or installation of any roof type.
Suspends certain provisions of section 489.117, Florida Statutes, to allow registered contractors to work outside of the geographic scope limitations or requirements provided in section 489.117(1)(b) and (c), Florida Statutes, when providing services, subject to additional requirements outlined in the emergency order while the emergency order is in effect.
Suspends certain provisions of 489.513, Florida Statutes, to allow registered electrical and alarm system contractors to work outside of the geographic scope limitations or requirements provided in section 489.513(5), Florida Statutes, when providing services, subject to additional requirements outlined in the emergency order while the emergency order is in effect.
Provides that the installation of non-permanent, emergency tarps to relieve damage caused by Hurricane Milton fall within the exemptions listed in section 489.103(6), Florida Statutes.
Requires registered contractors and registered electrical and alarm system contractors to provide their state registration, proof of compliance with applicable workers’ compensation requirements, and liability and property damage insurance requirements, to the jurisdiction work is being performed.
Suspends certain provisions of Part XVI of Chapter 468, Florida Statutes, to allow businesses or persons engaging in mold remediation to remove water damaged materials from hurricane related water damaged properties without licensure as a mold remediator under Chapter 468, Florida Statutes, so long as they are not holding themselves out for hire to the public as mold remediators or otherwise engaging in mold remediation.
License Renewals
Extends renewal deadlines from September 30, October 1, and October 31, 2024, to November 30, 2024, for the following licenses:
Hotels and Restaurants: Public Lodging Establishments, Vacation Rentals, Timeshare Projects, and Public Food Service Establishments.
Real Estate: Sales Associates, Broker Sales Associates, Corporate Brokers, Partnerships, Corporations, Branch Offices, and associated continuing education as set forth in rule 61J2-3.009(2)(b), Florida Administrative Code.
Alcoholic Beverages and Tobacco: Retail Vendors, Distributors, Manufacturers, Importers, Brokers, Sales Agents, Passenger Common Carriers, and Bottle Clubs.
Drugs Devices and Cosmetics: All licenses established by sections 499.012(5)(a), 499.028(11)(b), 499.62(6), and 499.832(1), Florida Statutes, and rules 61N-1.015(10)(a) and 61N-1.018, Florida Administrative Code, which includes Prescription Drug Wholesalers, Prescription Drug Wholesalers – Broker Only, and Out-of-State-Prescription Drug Wholesalers.
Community Association Manager licenses and associated continuing education as set for in rule 61E14-4.001, Florida Administrative Code.
Board of Cosmetology: Cosmetologists, Nail Specialists, Facial Specialists, and Full Specialists.
Drugs, Devices, and Cosmetics
Suspends the change of location fee of $100.00 for certain Drugs, Devices, and Cosmetics licenses when an onsite inspection is required, and $25.00 when an onsite inspection is not required, pursuant to rule 61N-1.018(4)(f), Florida Administrative Code.
Hotels, Restaurants, and Elevator Safety
Waives the $250 fee required by section 399.03(2), Florida Statutes, for installing an elevator.
Waives the $250 fee required by section 399.03(2), Florida Statutes, for relocating an elevator.
Waives the $200 fee required by section 399.03(2), Florida Statutes, for altering an elevator.
Suspends the provisions of section 399.03(4), Florida Statutes, and rule 61C-5.006(1)(c), Florida Administrative Code, regarding the installation, relocation, or alteration of an elevator in specific situations.
Suspends and amends the provisions of section 509.032(3), Florida Statutes, and rule 61C-1.002(3)(a)4., Florida Administrative Code, regarding temporary food service events and licensure of public food service establishments and other food service vendors for temporary food service events, subject to sanitation requirements. Sponsors of temporary food service events must provide advanced notice to the Division of Hotels and Restaurants of the temporary food service event before the event at https://www2.myfloridalicense.com/hotels-restaurants/licensing/temporary-food-establishment/.
Suspends and amends the provisions of section 509.102(1)(b) and 509.102(3), Florida Statutes, and rules 61C-1.002(6)(a)3 and 61C-4.0161(3)(c), Florida Administrative Code, regarding the time that a public food service establishment may operate a temporary commercial kitchen, the location of a temporary commercial kitchen, the requirement that a public food service establishment provide notice of a temporary commercial kitchen, and the requirement that a mobile food dispensing vehicle only serve food in individually portioned and packaged or pre-packaged containers. Public food service establishments operating a temporary commercial kitchen must provide advanced notice to the Division of Hotels and Restaurants of the temporary commercial kitchen before opening at https://www2.myfloridalicense.com/hotels-restaurants/licensing/temporary-food-establishment/.
Suspends certain provisions of section 509.013(4)(a), Florida Statutes, to allow public lodging establishments to rent to individuals whose residences were rendered uninhabitable due to destruction or damage caused by Hurricane Milton for any period of time without penalty.
Suspends certain provisions of section 509.242(2), Florida Statutes, to allow public lodging establishments to rent to individuals whose residences were rendered uninhabitable due to destruction or damage caused by Hurricane Milton for any period of time without having to obtain separate licensure.
Alcoholic Beverages and Tobacco
Suspends and tolls all time requirements and deadlines for licensees and permitees filing monthly reports and returns as required by sections 210.02, 210.09, 210.55, 561.50, and 561.55, Florida Statutes until November 30, 2024.
Veterinarians
Suspends the $200 fee for the issuance of a temporary license to out-of-state veterinarians during an emergency described by section 474.2125, Florida Statutes.
Mobile Homes, Residential Condominium Directors, and Homeowner Association Directors
Suspends and tolls payment of the annual $4 fee per mobile home, as established by section 723.007(1), Florida Statutes, and the $1 surcharge, as established by section 723.007(2), Florida Statutes, until December 4, 2024.
Suspends and tolls any existing written certification or educational certificate requirements for residential condominium directors, as set for in section 718.112(2)(d)4. b. (II), Florida Statutes, until December 4, 2024.
Suspends and tolls any existing written certification or educational certificate requirements for homeowner association directors, as set for in section 720.3033, Florida Statutes, until December 4, 2024.
Relocation Fees
Waives the total relocation fee for Barbershops, Cosmetology Salons, Veterinary Premises, and Veterinary Limited Services permits. The emergency order also waives the fee for adding an additional branch to a preexisting Real Estate Office or Real Estate School.
Departmental Orders
Suspends and tolls all final orders reflecting agency action until November 30, 2024.
Suspends and tolls all time requirements, notice requirements, and deadlines for filing responses as outlined in DBPR orders until November 30, 2024, excluding deadlines for filing responses to issues relating to deputy harbor pilot examinations and examination challenges, with shall only be extended by seven days from the date of the original deadline.
On October 31, 2024, the Department of Business and Professional Regulation filed Emergency Order 2024-12 to waive or modify statutes, orders, and rules that would prevent, hinder, or delay Florida’s response to Hurricane Helene. DBPR Emergency Order 2024-12 provides the following:
Certified and Registered Contractors
Suspends certain provisions of section 489.113(3), Florida Statutes, to allow certified or registered general contractors, building contractors, or residential contractors to subcontract roofing work for the repair or installation of any roof type.
Suspends certain provisions of section 489.117, Florida Statutes, to allow registered contractors to work outside of the geographic scope limitations or requirements provided in section 489.117(1)(b) and (c), Florida Statutes, when providing services, subject to additional requirements outlined in the emergency order while the emergency order is in effect.
Suspends certain provisions of 489.513, Florida Statutes, to allow registered electrical and alarm system contractors to work outside of the geographic scope limitations or requirements provided in section 489.513(5), Florida Statutes, when providing services, subject to additional requirements outlined in the emergency order while the emergency order is in effect.
Provides that the installation of non-permanent, emergency tarps to relieve damage caused by Hurricane Helene fall within the exemptions listed in section 489.103(6), Florida Statutes.
Requires registered contractors and registered electrical and alarm system contractors to provide their state registration, proof of compliance with applicable workers’ compensation requirements, and liability and property damage insurance requirements, to the jurisdiction work is being performed.
Suspends certain provisions of Part XVI of Chapter 468, Florida Statutes, to allow businesses or persons engaging in mold remediation to remove water damaged materials from hurricane related water damaged properties without licensure as a mold remediator under Chapter 468, Florida Statutes, so long as they are not holding themselves out for hire to the public as mold remediators or otherwise engaging in mold remediation.
Drugs, Devices, and Cosmetics
Suspends the change of location fee of $100.00 for certain Drugs, Devices, and Cosmetics licenses when an onsite inspection is required, and $25.00 when an onsite inspection is not required, pursuant to rule 61N-1.018(4)(f), Florida Administrative Code.
Hotels, Restaurants, and Elevator Safety
Waives the $250 fee required by section 399.03(2), Florida Statutes, for installing an elevator.
Waives the $250 fee required by section 399.03(2), Florida Statutes, for relocating an elevator.
Waives the $200 fee required by section 399.03(2), Florida Statutes, for altering an elevator.
Suspends the provisions of section 399.03(4), Florida Statutes, and rule 61C-5.006(1)(c), Florida Administrative Code, regarding the installation, relocation, or alteration of an elevator in specific situations.
Suspends and amends the provisions of section 509.032(3), Florida Statutes, and rule 61C-1.002(3)(a)4., Florida Administrative Code, regarding temporary food service events and licensure of public food service establishments and other food service vendors for temporary food service events, subject to sanitation requirements. Sponsors of temporary food service events must provide advanced notice to the Division of Hotels and Restaurants of the temporary food service event before the event at https://www2.myfloridalicense.com/hotels-restaurants/licensing/temporary-food-establishment/.
Suspends and amends the provisions of section 509.102(1)(b) and 509.102(3), Florida Statutes, and rules 61C-1.002(6)(a)3 and 61C-4.0161(3)(c), Florida Administrative Code, regarding the time that a public food service establishment may operate a temporary commercial kitchen, the location of a temporary commercial kitchen, the requirement that a public food service establishment provide notice of a temporary commercial kitchen, and the requirement that a mobile food dispensing vehicle only serve food in individually portioned and packaged or pre-packaged containers. Public food service establishments operating a temporary commercial kitchen must provide advanced notice to the Division of Hotels and Restaurants of the temporary commercial kitchen before opening at https://www2.myfloridalicense.com/hotels-restaurants/licensing/temporary-food-establishment/.
Suspends certain provisions of section 509.013(4)(a), Florida Statutes, to allow public lodging establishments to rent to individuals whose residences were rendered uninhabitable due to destruction or damage caused by Hurricane Helene for any period of time without penalty.
Suspends certain provisions of section 509.242(2), Florida Statutes, to allow public lodging establishments to rent to individuals whose residences were rendered uninhabitable due to destruction or damage caused by Hurricane Helene for any period of time without having to obtain separate licensure.
Veterinarians
Suspends the $200 fee for the issuance of a temporary license to out-of-state veterinarians during an emergency described by section 474.2125, Florida Statutes.
Relocation Fees
Waives the total relocation fee for Barbershops, Cosmetology Salons, Veterinary Premises, and Veterinary Limited Services permits. The emergency order also waives the fee for adding an additional branch to a preexisting Real Estate Office or Real Estate School.