Florida Administrative Code

A culinary education program that educates students in the culinary arts, including the preparation, cooking, and presentation of food, or provides education and experience in culinary arts-related businesses, and which engages in the sale or service of alcoholic beverages within…

Rulemaking Authority 561.11, 561.08 FS. Law Implemented 561.08, 561.11, 561.17, 561.181, 561.19, 561.32, 561.33, 561.331 FS. History-New 2-16-89, Formerly 7A-5.700, Repealed 8-1-12.

Unless specifically authorized by statute, the division may not issue more than one license or permit to a location. A licensee may submit DBPR ABT-6007, Request for License CancellatioN, effective August 2013, adopted and incorporated herein by reference, or a letter with the fo…

Rulemaking Authority 561.08, 561.11 FS. Law Implemented 561.08, 561.11, 561.15, 561.17, 561.18, 561.22, 561.25, 561.42 FS. History-New 2-16-89, Formerly 7A-5.710, Repealed 8-1-12.

Rulemaking Authority 561.08, 561.11 FS. Law Implemented 561.08, 561.17, 561.19, 561.20 FS. History-New 3-6-90, Amended 6-28-90, 5-24-92, Formerly 7A-5.747, Amended 12-7-09, Repealed 8-12-19.

Rulemaking Authority 561.08, 561.11 FS. Law Implemented 561.08, 561.11 FS. History-New 2-16-89, Formerly 7A-5.761, Repealed 8-1-12.

The basic terms utilized in this rule are defined as follows: (1) "Customary bar snack" means popcorn and any ready to eat food item, commercially prepared and packaged off the premises, served without additions or preparations, that is not a potentially hazardous food. The defin…

Stand-alone bars with an alcoholic beverage consumption on premises license shall be issued a smoking and vaping designation of "ss" or "ssf" upon meeting the following criteria: (1) The premises meets the definition of a stand-alone bar in Section 386.203(12), F.S., and (2) The …

Licensed premises shall not be designated as a stand-alone bar if the qualifications for licensure require the premises be devoted predominantly to activities other than the service of alcohol. The following licenses are not eligible for a stand-alone bar designation: S - Special…

A qualifying stand-alone bar receiving an "ss" or "ssf" designation shall file an annual affidavit, DBPR ABT 4000A-040, incorporated herein by reference, certifying that, on or before the licensee's annual beverage license renewal, for the preceding twelve months, no more than te…

Rulemaking Authority 386.2125, 561.695(9) FS. Law Implemented 386.203(11), 561.695(6) FS. History-New 6-14-05, Repealed 6-3-12.

(1) Stand-alone bars holding an "ss" or "ssf" designation shall maintain records to substantiate reports, affidavits and designation qualifications. Records of all purchases of food, all gross retail sales of alcohol for consumption on the licensed premises, all gross retail sale…

In order to determine compliance, the division shall use the formula of gross food sales revenue from the sale of food the licensee sells for consumption on premises, including but not limited to non-alcoholic beverages, divided by gross total sales revenue, in any consecutive tw…

In order to determine compliance, the division shall use the formula of gross alcohol sales revenues from the sale of alcohol the licensee sells for consumption on premises divided by gross total sales revenue, in any consecutive two-month period. Rulemaking Authority 386.2125, 5…

In order to determine whether an establishment, other than one holding a specialty license designated in Rule 61A-7.003, F.A.C., is predominately dedicated to the serving of alcoholic beverages for consumption on the licensed premises, the division shall compare the percentage of…

(1) This rule sets forth the penalties which shall be routinely imposed upon licensees who are supervised by the Division of Alcoholic Beverages and Tobacco, Department of Business and Professional Regulation. Enforcement supervisors and bureau chiefs are authorized to accept set…

When either the petitioner or respondent is able to demonstrate aggravating or mitigating circumstances to the division by clear and convincing evidence, the division shall be entitled to impose adjusted penalties within the guidelines. Based upon the following factors, the divis…

The following procedures shall be followed by division personnel when investigating complaints and notifying alleged violators. (1) Upon receipt of a complaint of a violation of Chapter 386, F.S., the division shall determine if the premises is designated as a stand-alone bar. If…

(1) This rule sets forth the penalties which shall be imposed upon licensees who are supervised by the Division of Alcoholic Beverages and Tobacco, Department of Business and Professional Regulation. Enforcement supervisors and bureau chiefs are authorized to accept settlement of…

When either the petitioner or respondent demonstrates aggravating or mitigating circumstances by clear and convincing evidence, the division may adjust penalties within statutory guidelines. Rulemaking Authority 561.695(8) FS. Law Implemented 561.695(7) FS. History-New 6-14-05.

The procedure for appeal under Chapter 61A-7, F.A.C., shall be as provided in Section 120.68, F.S. Rulemaking Authority 386.207(1), 386.2125, 561.695(8) FS. Law Implemented 561.695 FS. History-New 6-14-05.

Specific Authority 498.007(1) FS. Law Implemented 498.017(7), 498.025(5) FS. History-New 2-16-93, Formerly 7D-13.003, Amended 10-1-93, 5-18-98, Repealed 10-28-08.

Specific Authority 498.007(1) FS. Law Implemented 498.025, 498.027 FS. History-New 2-16-93, Formerly 7D-13.011, Amended 10-1-93, 5-18-98, Repealed 10-28-08.

Specific Authority 498.007(1) FS. Law Implemented 498.017, 498.024 FS. History-New 2-16-93, Formerly 7D-13.102, Amended 10-1-93, 1-26-97, 5-18-98, Repealed 10-28-08.

For purposes of these rules and Sections 718.502, 718.503 and 718.504, F.S., the following definitions shall apply: (1) "Documents" means any or all of the documents comprising the "filing" as that term is defined in these rules. (2) "Days" means calendar days and, in computing a…

Rulemaking Authority 718.501(1)(f), 718.502(1)(c), 718.621 FS. Law Implemented 718.403, 718.406, 718.502, 718.503, 718.504, 718.618(8) FS. History-New 12-23-02, Amended 8-26-04, 8-15-05, 10-16-13, Repealed 2-2-14.

(1) For purposes of filing under Sections 718.202, 718.502, 718.503, 718.504 and 718.505, F.S., and Rule 61B-23.003, F.A.C., the term developer includes, subject to the exceptions provided in Section 718.103(16), F.S., or these rules: (a) A creating developer, which means any per…

(1)(a) Except in the case of a reservation program, a developer of a residential condominium shall file with the division one copy of each document required by Sections 718.502(5), 718.503, and 718.504, F.S. The filing shall occur prior to any offering of a condominium unit to th…

Any document required to be delivered to a prospective buyer or lessee pursuant to Section 718.503 or 718.504, F.S., which describes the developer's (or other person's) right to retain control of the association shall recite the provisions of Sections 718.301(1)(a)-(g), F.S., reg…

(1) Each filing shall contain in the forepart a Table of Contents which lists the documents in the filing, in the order in which they appear. (2) Each document shall be tabbed and labeled on the right side. Each label shall identify the document by appropriate word, phrase or abb…

(1) Every developer of a phase residential condominium shall file the initial phase with the division. Said initial filing shall be submitted as required by Rule 61B-17.002, F.A.C. (2) "Subsequent Phase" means any phase not submitted to the condominium form of ownership with the …

(1) "Initial Acceptance" means the division finds the filed documents that have been recorded acceptable as corrected, if any corrections are made following a notice of deficiency. (2) "Final Acceptance" means: (a) The division finds the non-recorded documents acceptable as corre…

(1) "Amendment" means: (a) Any change to documents that have previously been filed with and accepted by the division, and (b) Any change to a document(s) recorded in the public records, whether the change is technical or substantive, regardless of the procedure by which the chang…

(1) This rule governs alternative assurances provided for in Section 718.202, F.S. An alternative assurance must be approved by the Division Director prior to the use by a Developer of the sales deposits intended to be assured. Pending approval, sales deposit funds to be assured …

(1) If the developer wishes to use alternative media (for example, CD-ROM) for delivery of documents to purchasers, the developer must give the purchaser the option of receiving paper documents or alternative media documents. The purchaser's choice of delivery method shall be set…

Rulemaking Authority 718.501(1)(f) FS. Law Implemented 718.202, 718.502, 718.503 FS. History-New 11-15-77, Amended 7-22-80, 10-1-85, Formerly 7D-18.01, Amended 1-27-87, Formerly 7D-18.001, Amended 4-14-99, Repealed 7-22-21.

(1) Every plot plan shall be a legible, scaled drafted map and shall indicate the following: (a) Name of the condominium; (b) Scale, date, and north arrow; (c) Ingress and egress; (d) The use and approximate size, location, and height of all existing and/or proposed buildings and…

(1) Every developer who enters into a contract for the sale of a residential condominium unit or for the lease of a residential condominium unit for a lease period of more than five years shall obtain from the purchaser or lessee a receipt acknowledging that he has been provided …

A declaration of condominium in which percentage of ownership is not based upon an equal fractional basis shall include the square footage within each unit or unit type based on the perimetrical boundaries ascribed to each unit or unit type or the dimensions of each unit as elsew…

Unless otherwise expressly authorized by chapter 718, Florida Statutes, no provision in any declaration, articles of incorporation or bylaws recorded in the public records subsequent to the effective date of this rule shall partially or totally exempt the developer, transferees o…

(1) In determining whether a developer's plan includes a program of leasing, and thus requires disclosure pursuant to section 718.504(10), F.S., it shall be relevant, although not dispositive, whether and the extent to which: (a) The developer has advertised the availability of i…

This rule establishes the process for instructors to offer Division created courses for condominium association directors in accordance with section 718.112, F.S. This rule applies to elected or appointed condominium association directors required to complete a board member educa…

Rulemaking Authority 718.501(1)(f) FS. Law Implemented 718.501(1)(j) FS. History-New 12-10-09, Repealed 1-19-15.

This rule establishes the education and training requirements for directors of homeowners associations in accordance with section 720.3033, F.S. This rule applies to elected or appointed homeowner association directors who must complete a board member course, directors who must c…

(1) In determining whether an escrow agent, identified in an escrow agreement filed with the division, is independent of a condominium developer, the division, when it has reason to question the independence of the escrow agent, shall consider and require reasonable disclosure of…

(1) Definitions. For the purposes of Rules 61B-20.004, 61B-20.005 and 62B-20.006, F.A.C., the following definitions shall apply: (a) "Accepted Complaint" means a complaint received by the division containing sufficient documentation and addressing a subject within the jurisdictio…

An initial accepted complaint, directed at a developer and involving a possible violation identified as minor in these guidelines, will be resolved as follows: If based on the complaint, the division has reasonable cause to believe that a statutory or rule violation may have occu…