RULE NO: RULE TITLE
5K-4.020: Food Permits; Requirements and Fees
PURPOSE AND EFFECT: The rule amendment changes the fee schedule for annual permit fees charged to food establishments. CS/CS for SB 1702, as passed by the 2008 Legislature, authorizes the Department to recover the cost of services provided relative to issuance of a food permit. This increase in permit fees impacts most food establishments permitted by the Division of Food Safety.
SUBJECT AREA TO BE ADDRESSED: This rule modifies the fee schedule for annual permit fees charged to food establishments to obtain a food permit.
SPECIFIC AUTHORITY: 500.09, 500.12, 570.07(23) FS.
LAW IMPLEMENTED: 500.04, 500.09, 500.10, 500.12(1)(a), (b), (c), (d), 500.121, 500.171, 500.172, 500.177 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Lee M. Cornman, Assistant Director, Division of Food Safety, 3125 Conner Boulevard, Mail Stop C-18, Tallahassee, FL 32399-1650; Telephone: (850)488-0295

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

5K-4.020 Food Permits; Requirements and Fees.

(1) through (4)(a) No change.

(b) The following schedule of fees is established for each food permit.

 

Bottling Plant	385
Bottled Water Plant	500
Canning Plant	490 410
Convenience Store	330
Convenience Store with Limited Food Service	430 385
Convenience Store with Significant Food Service	475 465
Food Salvage Center	470 440
Food Storage Warehouse	355
Grocery Store	540 465
Health Food Store	300
Health Food Store with Food Service	415 385
Limited Sales	130 100
Meat Market	455 385
Minor Food Outlet	300
Minor Food Outlet, Only Non-perishable Foods	190
Minor Food Outlet with Limited Food Service	415 355
Minor Food Outlet with Significant Food Service	470 440
Mobile Vendor	300
Packaged Ice Plant	250
Processor, Other Non-perishable Foods	335 330
Processor, Other Perishable Foods	490 410
Rabbit or Game Processor	390 330
Retail Bakery	355
Retail Bakery with Food Service	490 440
Salvage Store	470 410
Seafood Market	410 355
Seafood Processor	520 440
Semi-permanent Vendor	195 190
Supermarket	650 500
Wholesale Bakery	530 465

 

(5) No change.

(6) Recovery of Cost for Reinspections.

(a) A food establishment shall pay a fee of $135 110 to the department for recovery of the cost incurred to provide each reinspection of the food establishment. For the purposes of this section, a reinspection refers to any inspection conducted for the purpose of verifying compliance with Chapter 500, F.S., or the rules promulgated thereunder, following a previous unsatisfactory inspection. Such unsatisfactory inspection shall be indicated by issuance of an inspection report listing conditions which are not in compliance and which, when viewed as a whole, are more likely to contribute to food contamination, illnesses or environmental health hazards.

(b) Nothing in this section shall prohibit the department from imposing additional sanctions for violations of Chapter 500, F.S., or the rules promulgated thereunder. The costs of reinspection will be billed by invoice of the department and the reinspection fee shall be paid within 21 days receipt thereof.  Failure to timely pay a reinspection fee is a violation of this chapter and shall be grounds for suspension of the establishment’s food permit.

(c) The fee established for a reinspection shall include the average cost per inspection for inspectors’ salary, benefits, travel, training, equipment, supervision, and other costs or charges directly related to administration of the food establishment inspection program.

(d) The fee shall be applicable for each reinspection regardless of whether the reinspection is satisfactory or unsatisfactory.  Provided however, a fee for reinspection shall not be required when both of the following conditions are met:

1. The conditions which were deemed unsatisfactory in the prior inspection are in compliance and the overall finding of the reinspection is satisfactory, and

2. No previous reinspection of the establishment has been conducted during the same calendar year.

Specific Authority 500.09, 500.12(1)(b), 570.07(23) FS. Law Implemented 500.04, 500.09, 500.10, 500.12(1)(a), (b), (c), (d), 500.121, 500.171, 500.172, 500.177 FS. History–New 1-10-93, Formerly 5E-6.020, Amended 8-8-95, 3-11-98, 3-6-01, 10-30-01, 1-1-03, 11-1-04, 11-5-07, ________.