Florida Administrative Code
64 - DEPARTMENT OF HEALTH
64E - Division of Environmental Health
Chapter 64E-11 - FOOD HYGIENE
Section 64E-11.013 - Sanitation Certificates and Fees

Universal Citation: FL Admin Code R 64E-11.013

Current through Reg. 50, No. 187; September 24, 2024

(1) Sanitation Certificate Required.

(a) All food service establishment sanitation certificates expire on September 30. Initial sanitation certificates issued for a period less than a calendar year will be prorated on a quarterly basis, in accordance with section 381.0072(4), F.S.

(b) Food service establishments containing multiple food operations housed in the same building, at the same location, under the same ownership and operation or concession stands operating on the premise of K-12 schools, must function according to either one of the following:
1. Each food operation must operate under the umbrella of the sanitation certificate issued to the main food service operation, in which case the sanitation certificate must be posted in a conspicuous location at the main food service establishment, or

2. Each food operation must be issued its own individual sanitation certificate, in which case each food service establishment must post their own sanitation certificate in a conspicuous location in their establishment. The owner or operator of the food service establishment must decide which of the sanitation certificate processes listed above, will be followed.

(c) Food service establishments where multiple food operations are located in different buildings at the same location regardless of ownership must each be issued their own individual sanitation certificate, in which case each such food operation must post their own sanitation certificate in a conspicuous location in their food service operation. School concession stands under the same ownership, may elect to comply with the provisions of subparagraph (b)1. Regardless of location, provided that the school concession stands are located on the same premises and there are no more than four concession stand operations.

(2) Application and Renewal of Sanitation Certificates.

(a) Each person who plans to construct, purchase, reopen, or operate a food service establishment or an establishment subject to the requirements of this chapter, must apply for and receive a sanitation certificate from the department prior to the commencement of operation. Applications for certificates must be made to the department on DH 4086, Application for Sanitation Certificate, 02/18, incorporated herein by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-09902.

(b) Applications for sanitation certificates must be submitted with the facility plans as described in paragraph (c), below, the annual fee and any other applicable fee that is required in subsection (3).

(c) Prior to the renovation of a food service establishment, notification must be provided to the department. This notification must include construction schedules and details of the work to be completed. Prior to the construction or extensive remodeling of a food service establishment, or the conversion of a structure for use as a food service establishment, or remodeling which includes the addition or relocation of major equipment, plans of the facility and its operation must be submitted to and approved by the department. Plans may be submitted by the owner, prospective operator or their designated representative. All plans must comply with the requirements of this chapter. Plans must be drawn to scale, describe the layout, construction, and general operation of the facility, equipment design and installation, the intended menu, and similar aspects of the facility's operation that relate to the requirements of this chapter, and be accompanied by DH8003-DCHP-02/2018, Food Service Establishment Plan Review Application, 02/18, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-09903.

(d) Before a sanitation certificate is issued to a newly constructed or extensively remodeled food service establishment, an inspection must be made by a representative of the department for the determination of compliance with the requirements of this chapter, and section 381.0072, F.S.

(3) Fees.

(a) Fees must be submitted to the department for sanitation certificates, as well as the provision of other required public health services at food service establishments. Sanitation certificates must be renewed annually and the fee will not be prorated. Fees for all other sanitation certificates, such as change of ownership, reinstatement after revocation of a sanitation certificate, or new establishments, after the first quarter will be prorated on a quarterly basis. Proration will be based on the quarter the department receives an application for a Sanitation Certificate to operate a food service establishment. Upon request of the applicant, the initial fee for school concession stands may be prorated on a quarterly basis regardless of the date of application, provided that it does not operate for more than one quarter, the conditions of subparagraph (1)(b)1., do not apply, and the annual fee used to determine the prorated amount is prescribed by sub-subparagraph (b)5.b., below

(b) Except for establishments specifically exempted from fees in subsection (4), all food service establishments must pay an annual or prorated fee to the department according to the following schedule:

ANNUAL SANITATION CERTIFICATE FEE OR INSPECTION FEE SCHEDULE

Total

1. Detention Facility

$250.00

2. Bar/Lounge

$190.00

3. Fraternal/Civic Organization

$190.00

4. Movie Theater Inspection

$190.00

5. School Cafeteria

a. Cafeteria requiring 3 routine inspections per year

$170.00

b. Cafeteria requiring 4 routine inspections per year

$200.00

c. Concession Stand

$100.00

6. Community Based Residential Facility

$135.00

7. Afterschool Meal Program

$170.00

8. Prescribed Pediatric Extended Care Center

$110.00

9. Limited Food Service Operation

$110.00

10. Caterering Operation

$180.00

11. Mobile Food Unit

$180.00

12.Vending Machine Dispensing Time/Temperature Control for Safety Food

$ 85.00

(c) Food service establishments with multiple food operations, as described in subparagraph (1)(b)1., above, will be assessed a single annual fee of $300. That fee will be assessed on the main food service establishment, and it will cover the other food service facilities operating in that same building under the umbrella of the main food service establishment. This fee provision also applies to school concession stands that elect to comply with the provisions of paragraph (1)(b).

(d) Food service establishments with multiple food operations, as described in paragraph (1)(c), above, will be assessed separate annual fees for each food operation based on the category of establishments listed in paragraph (3)(b), above.

(e) Except for school concession stands that elect to comply with the provisions of subparagraph (1)(b)1. above, food service establishments as described in paragraph (1)(c), will be assessed separate annual fees for each food operation based on the category of establishments listed in paragraph (3)(b), above.

(f) Vending machines dispensing time/temperature control for safety food, catering operations and mobile food units that are located at or operated from an establishment listed in section 381.0072, F.S., will be charged the fees listed in paragraph (3)(b), above, when they are not operating under an existing Sanitation Certificate that has already been issued for the main food service establishment where they are located.

(g) The following schedule of fees is established for plan reviews, food service worker training and testing, alcoholic beverage establishment sanitation inspections, reinspections, late renewals:

1. Plan review per hour.

Public schools, colleges, and vocational teaching facilities are exempt from this fee.

$40.00

2. Food establishment worker training course (per person).

$10.00

3. Sanitation inspection.

a. Alcoholic beverage inspection approval.

$30.00

b. Requests for inspection.

$40.00

4. Reinspection

(for each reinspection after the first).

$75.00

5. Late renewal of certificate.

$25.00

6. Temporary event food service establishment.

a. Sponsor without an existing sanitation certificate.

$100.00

b. Vendor or booth at an establishment or location without an existing sanitation certificate.

$50.00

(h) All fees submitted to the department are nonrefundable, once review has started on the application.

(4) Exemptions. The following limited food service establishments are exempt from the fee requirements of this section:

(a) Food service establishments that only serve catered meals which have been prepared in an approved food establishment and where no warewashing, and no storage, reheating, or re-service of the catered food takes place on-site; such as satellite kitchens at schools and other institutions, and similar operations.

(b) Food service establishments that serve only snacks which are not kept overnight, or that require individuals in attendance to bring their own meals to the facility, which do not require any food preparation.

Rulemaking Authority 381.0072, 154.06 FS. Law Implemented 381.0072(2), 154.06 FS.

New 2-21-91, Amended 5-12-92, Retained here and Transferred to 7C-4.024, Amended 6-1-93, 11-30-93, 8-28-96, Formerly 10D-13.038, Amended 3-15-98, 7-14-03, 4-1-09, 9-26-18.

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