Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 34 No. 46, November 14, 2008 issue of the Florida Administrative Weekly.

The changes are made in response to comments received from the Joint Administrative Procedures Committee and comments received during the time period allowed for submission of materials.

Subsection 64E-11.002(6) has been changed so that when adopted it will read:

(6) “Civic” – Any organization, excluding Division of Blind Services, offering food service to the public; and

(a) Possesses tax exempt status under 26 U.S.C. section 501(c)(4); or

(b) Which has a chartered body of citizens, recognized by a municipality, whether for profit or not, that operates primarily to further the common good and general welfare of the people of the community.

Subsection 64E-11.002(27) has been changed so that when adopted it will read:

(27)”Institution” – A place that provides food service as that term is defined in Section 381.0072, F.S., established and operated to provide: care for persons who are destitute, disabled, mentally ill, or incarceration of prisoners and inmates; medical care or treatment; or education. Examples of such places include state mental health facilities, substance abuse treatment facilities, jails or prisons, hospitals, schools, colleges and universities.

Subsection 64E-11.002(33) has been changed so that when adopted it will read:

(33) “Other food service” – Any food service establishment located at or operated by a church, synagogue, or other not for profit religious organization that advertises food or drink for public consumption, an adult day care center, or a prescribed pediatric extended care center. The term also includes any other food service operation that has not been defined elsewhere in this chapter, but is located on the premises of an establishment regulated by the department under Section 381.0072, F.S. Examples include restaurants, delicatessens, establishments that primarily prepare and serve non alchoholic beverages such as coffee and smoothies, and retail food stores that provide food service, but which are not licensed under Chapter 509, F.S., or Chapter 500, F.S.

Paragraph 64E-11.013(3)(a) has been changed so that when adopted it will read:

(3)(a) “Fees shall be submitted to the department for certificates, as well as the provision of other required public health services at food service establishments. A food service establishment which applies for an annual certificate shall pay the full fee. Fees for all other certificates, such as change of ownership, reinstatement after revocation of certificate or new establishments after the first quarter shall be prorated on a quarterly basis. Proration shall be based on the quarter the department receives an application for a Sanitation Certificate to operate a food service establishment. Proration shall not apply to annual renewals of Sanitation Certificates.

Paragraph 64E-11.013(3)(b) has been changed so that when adopted it will read:

Annual Sanitation Certificate Fee per Food Service Establishment;

Total

250.00

190.00

170.00

200.00

135.00

190.00

110.00

180.00

85.00

1. Hospital

2. Nursing Home

3. Detention Facility

4. Bar/Lounge

5. Fraternal / Civic Organization

6. Movie Theater

7. School Cafeteria

a. Operating for 9 months out of a year

b. Operating for more than 9 months

8. Residential Facility

9. Other Food Service

10.Child Care Center

11. Limited Food Service

12.Caterer

13.Mobile Food Unit

14.Vending Machine Dispensing Potentially Hazardous Food

Sub-subparagraph 64E-11.013(3)(c)1.a. has been changed so that when adopted it will read:

(3)(c)1.a. “Food service establishments with multiple food operations housed in the same building, at the same location, under the same ownership and operation, which operate under the umbrella of the sanitation certificate of the main food service establishment (as addressed in subparagraph (1)(b)1., of this rule), shall be assessed a single annual fee. That fee shall be assessed on the main food service establishment, it shall be the maximum allowed in s. 381.0072, which is $300, and it shall cover the other food service facilities operating in that same building under the umbrella of the main food service establishment.

Sub-subparagraph 64E-11.013(3)(c)1.b. has been changed so that when adopted it will read:

(3)(c)1.b. “Food service establishments with multiple food operations housed in the same building, at the same location, under the same ownership and operation choosing not to operate under the umbrella of the sanitation certificate of the main food establishment (as addressed in subparagraph (1)(b)2., of this rule) shall be assessed separate annual fees for each food operation based on the category of establishments listed in paragraph (3)(b) above.”

Sub-subparagraph 64E-11.013(3)(c)1.c. has been changed so that when adopted it will read:

(3)(c)1.c. “Food service establishments with multiple food operations located in different buildings at the same location, regardless of ownership, shall be assessed separate annual fees for each food operation based on the category of establishments listed in paragraph (3)(b) above.”

Subparagraph 64E-11.013(3)(c)2. has been changed so that when adopted it will read:

(3)(c)2. “Vending machines dispensing potentially hazardous food, caterers and mobile food units that are located at or operated from an establishment listed in Section 381.0072, F.S., shall 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.

Sub-subparagraph 64E-11.013(3)(d) has been changed so that when adopted it will read:

“1. Plan review per hour $40.00

Public schools, colleges, and

vocational teaching facilities

are exempt from this fee.

2. Food establishment worker training
course (per person) $10.00

3. Sanitation inspection

a. No change.

b. No change.

4. Reinspection $75

(for each reinspection after the first)

5. Late renewal of certificate $25.00

6. Temporary event food service establishment

a. Sponsor without an existing sanitation
certificate $100

b. Vendor or booth at an establishment or

location without an existing sanitation certificate” $50