Division of Hotels and Restaurants
All information on this page is current and was last reviewed by the division on May 26, 2015.
Citation Rule Changes
The division has amended Rule 61C-5.023, F.A.C., effective June 17, 2015. The revised rule allows a citation to be issued to anyone acting as an elevator company without being registered with the division. The division may issue citations for violations that were previously handled as Administrative Complaints and an unlimited number of citations for a repeat violation of the same offense with a fine up to $1000. An elevator owner operating with an expired certificate of operation will be issued a citation. Additionally, citations will no longer be dismissed if the certificate of operation is renewed within 90 days of the issuance of the citation.
Elevator License Number Required for Variances
As of May 26, 2015, petitioners for a Petition for Variance for a new elevator installation will need to apply for a permit before the division will issue an order granting the variance. The division will notify you that the variance will be approved and provide the variance number to include on the permit application. Once the permit application is submitted and an elevator license number issued, the order granting the variance will be completed and filed. The elevator license number assigned upon application for the permit will be included in the order granting the variance.
Continuing Education Credit for Course Instruction
Starting August 26, 2014, continuing education (CE) course instructors can obtain CE credit on an hour for hour basis each year for the first presentation of a specific approved continuing education course or a portion thereof by signing the attendance sign-in sheet as an attendee of the course taught. Instructors may not obtain credit for maintaining interactive distance learning courses. Course instructor identification requirements remain unchanged.
Please contact the division at DHR.Rules@myfloridalicense.com with questions about the new CE credit option.
As of January 1, 2014, the bureau began accepting the updated Elevator Inspection Report that is based on the ASME A17.2 Checklist. The updated form provides a simpler, user-friendly code reference for violations cited and removes the complexity of the suffixes. When citing a violation, the inspector fills in the equipment type (prefix), the 3-digit code and provides written detail in the comments section for each violation and an ASME A17 code reference, as required by Requirement 2-2 of the QEI-1 Standard.
The new form includes important changes to the numeric code list on the reverse side of Page 3, or the ‘pink copy’. Inspectors should use the following codes when filling out the inspection form:
- Code 100 is for violations that do not fit in any other category on the form.
- Codes 101 – 699 codes are basically unchanged.
- Codes 700 – 799 now cover Escalators and Moving Walks (items).
- Codes 800 – 899 now cover MRLs.
- Codes 900 – 998 now cover Accessibility Lifts.
- Code 999 is reserved for DBPR use only.
Elevator owners may now submit service maintenance contract verifications on a standardized form that includes all information necessary for the exemption from the annual inspection requirement. Although the new form, DBPR Form HR 5023-060, is optional, all written verifications must include the information collected on that form. A copy of a bill statement for a service maintenance contract does not qualify you for the exemption. Verifications may also be submitted through the department's website.
To qualify for the exemption, you must notify the bureau of your service maintenance contract each year. Service maintenance contract holders may submit the notification upon the elevator owner's request.
On July 1, 2013, the exemption from Fire Fighters Service Phase II in 399.02(9), Florida Statutes, for certain residential properties will be extended. When initially created, the Fire Fighters Service Phase II exemption was set to end on July 1, 2015. House Bill 73 eliminates the end date and allows elevators to remain exempt until the elevator is replaced or requires major modification, as defined in rule 61C-5.008, Florida Administrative Code. Governor Rick Scott signed House Bill 73 into law (Chapter 2013-188, Laws of Florida) on June 14, 2013.
The exemption only applies to Fire Fighters Service Phase II. Elevators must still comply with all other ASME A17.3 requirements, including Fire Fighters Service Phase I. Elevator owners may still apply for a variance from the Fire Fighters Service Phase II requirement, but a variance is not necessary as long as the exemption applies. Please contact your certified elevator inspector or registered elevator company with questions about how the exemption applies to your elevators. Additional information is available in the Fire Fighters Service Phase II Exemption FAQ.
The Department's Online Services has expanded to allow online application for certain elevator permits and professional credentials. You may now apply online for a permit to install or relocate an elevator, a certificate of competency, an elevator technician or elevator inspector certification, or register as an elevator company. Applicants may still apply via hard copy, but applying online will reduce the amount of time needed to process the application. Applications for a permit to alter and certificate of operation cannot be submitted online at this time. All applications are available in hard copy on our website.
The Bureau of Elevator Safety adopted a disciplinary guidelines rule describing the normal range of administrative penalties imposed for violations of Chapter 399, Florida Statutes. The new rule provides minimum and maximum penalties for specified violations that increase in severity for repeat offenses. Penalty options include fines ranging from $250 up to $1,000, suspension, and revocation. The rule also describes aggravating factors that may result in higher than normal penalties and mitigating factors that may reduce the penalties imposed. The guidelines take effect on February 27, 2013, and apply to all elevator licensees, certificate holders, and registrants. Rule 61C-5.020, Florida Administrative Code, is available from the Department of State and our website.
Effective July 5, 2012, any elevator containing hydraulic supply shut off valves, also known as "knock-style valves", are in violation of the Florida Elevator Safety Code. Certified elevator inspectors must cite the violation and the violation must be corrected to obtain a current satisfactory inspection. In order to comply with the safety requirements adopted by the division, the only acceptable method of correction is to replace the valve.
The Bureau of Elevator Safety previously published Industry Bulletin 2010-01 on January 11, 2010, regarding the dangers of hydraulic supply shutoff valves.
DBPR's new Online Services now allows elevator owners to file accident reports directly from their online account. In addition, elevator owners and registered elevator companies can maintain their service maintenance contract information using the "Maintain Relations" feature. This will be particularly useful as the Bureau of Elevator Safety updates its contract information this year as it relates to two-stop inspection exemptions. Just go to Renew/Maintain a License above to create and maintain your accounts.
The Bureau of Elevator Safety’s new rule on citations for unlicensed activity became effective on January 10, 2012. Rule 61C-5.023, Florida Administrative Code, allows the bureau to issue citations and stop work orders for performing work or operating an elevator without the proper permit or license, including expired certificates of operation and temporary operating permits. Chapter 2010-110, Laws of Florida, authorized the bureau to issue citations for unlicensed activity. Contact the division at DHR.Rules@myfloridalicense.com with questions about the citation process.
As of July 1, 2010, elevators in certain condominiums and multi-family apartment buildings will have until June 30, 2015, to comply with Fire Fighters Service Phase II requirements. More information on this exemption is available in Industry Bulletin 2010-02. The new law, Chapter 2010-110, Laws of Florida, also extends the time owners have to correct violations from 30 days to 90 days, gives the division right of entry to perform its duties, allows the division to issue citations for unlicensed activity, and creates new violations subject to penalty. Additionally, certified elevator inspectors will be required to respond to requests for information from the division regarding inspection reports.
The division updated the form to accommodate longer serial numbers. The three-part form now provides space for six digits for the serial number. Inspectors should use a leading zero when entering serial numbers less than six digits in length.
Effective July 1, 2009, and for all serial numbers greater than 97463, a sump pump must be provided for new installations with Firefighter's Emergency Operation to comply with ASME A17.1 design criteria. The division is providing additional information with the approved Permit to Install. Contact us for more information.
Effective March 1, 2009, Section 3002.9, Florida Building Code (FBC) – Automatic fire alarm-initiating devices shall be located and installed in accordance with ASME A17.1 and NFPA 72, which removes the previous FBC exemption for open air lobbies. Fire alarm initiating devices are required for elevator recall at unenclosed lobbies.
The Plan of Corrective Action (PCA) and temporary variance procedures are hereby revised. Owners who intend to submit a variance must follow Section 120.542, Florida Statutes-Variances and Waivers. Information on applying for an elevator variance is available on our variance webpage.