Definitions, Adoption of Federal Regulations and Other Standards, General Requirements for the Manufacturing, Processing, Packing, Holding and Retailing of Foods, Mobile Food Establishments and Commissaries, Special Process Approvals, Food Permits; ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Food Safety

RULE NOS.:RULE TITLES:

5K-4.0010Definitions

5K-4.002Adoption of Federal Regulations and Other Standards

5K-4.004General Requirements for the Manufacturing, Processing, Packing, Holding and Retailing of Foods

5K-4.0041Mobile Food Establishments and Commissaries

5K-4.0050Special Process Approvals

5K-4.020Food Permits; Requirements and Fees

5K-4.021Food Manager Certification

5K-4.023Packaged Ice

5K-4.033Limited Poultry and Egg Farm Operation

5K-4.035Guidelines for Imposing Administrative Penalties

NOTICE OF CHANGE

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. 45 No. 62, March 29, 2019 issue of the Florida Administrative Register.

5K-4.0010 Definitions.

For the purpose of this rule chapter, the definitions in Section 500.03, F.S., and the following shall apply.

(1) through (11) No change.

(12) Processing means Manufacturing/ processing as defined in 21 CFR 1.227 as adopted by reference in Rule 5K-4.002, unless otherwise specified in this rule chapter.

(12) through (15) renumbered (13) through (16) No change.

Rulemaking Authority 500.09, 570.07(23), FS.  Law Implemented 381.0062, 500.03, 500.10, 500.12, 500.147, 500.459, 500.511 FS.  History-New______.

 

5K-4.002 Adoption of Federal Regulations and Other Standards.

(1) The following materials are hereby incorporated and adopted as rules under the Florida Food Act, Chapter 500, F.S. Copies of all referenced materials documents are available for examination at the Florida Department of Agriculture and Consumer Services, Division of Food Safety, Bureau of Food Inspection, 3125 Conner Boulevard, Suite H, Tallahassee, Florida 32399-1650 or online as indicated.

(a) through (c) No change.

(d) Code of Federal Regulations Title 21 – Food and Drugs, Part 1 (excluding subparts L, and M) , Part 2, Sections 2.5, 2.25-2.125, Parts 7, 70, 73-74, 100, Part 101, (excluding section 101.8,  subsection 101.9(g)(2), and section 101.11), Parts 102-109, Part 111, Sections 112.3, 112.12, 112.44(a)(1)-(4), 112.140, 112.49(a), Subparts C, and L-O pertaining only to sprouts, Part 117 (except for 117.80(c)(3)) is amended to require refrigerated foods to be maintained at a temperature of 41 degrees Fahrenheit (5 degrees Celsius) or below and require that hot foods be maintained at a temperature of 135 degrees Fahrenheit (57 degrees Celsius) or above, Part 113 – 190 and Part 1240, revised as of April 1, 2016, http://www.flrules.org/Gateway/reference.asp?No=RefXXXX,

and http://www.flrules.org/Gateway/reference.asp?No=RefXXXX.

(e) Code of Federal Regulations Title 21 – Food and Drugs, Part 112, Sections 112.3, 112.12, 112.44(a)(1)-(4), 112.140, 112.49(a), Subparts C, and L-O pertaining only to sprouts, Part 117 (except for 117.80(c)(3) is amended to require refrigerated foods to be maintained at a temperature of 41 degrees Fahrenheit (5 degrees Celsius) or below and require that hot foods be maintained at a temperature of 135 degrees Fahrenheit (57 degrees Celsius) or above revised as of April 1, 2016, http://www.flrules.org/Gateway/reference.asp?No=Ref-08684.

(e)(f) Code of Federal Regulations Title 40 – Protection of Environment, Part 180, (excluding subsection 180.6(d) and Section 180.101), revised as of July 1, 2018, http://www.flrules.org/Gateway/reference.asp?No=RefXXXX.

(2) through (4) No change.

Rulemaking Authority 500.09, 500.12(1)(f), 500.12(5)(d), 500.12(6), 500.459, 570.07(23), (24) FS. Law Implemented 500.02, 500.03, 500.032, 500.04, 500.09, 500.10, 500.11, 500.12, 500.121, 500.13, 500.147, 500.166, 500.169, 500.172, 500.459, 570.07(2), (6), (9), (16), (18), (24), 570.0725 FS. History–New 3-1-72, Amended 12-31-74, 1-18-83, 6-17-85, Formerly 5E-6.02, Amended 7-25-88, 4-13-92, Formerly 5E-6.002, Amended 8-8-95, 9-9-96, 12-10-96, 4-10-97, 9-8-97, 11-15-99, 2-5-04, 3-1-09, 2-25-15, 1-16-17, 10-31-17,_____.

 

5K-4.004 General Requirements for the Manufacturing, Processing, Packing, Holding and Retailing of Foods.

The provisions of subsections (1) through (6) shall apply in determining whether the facilities, methods, practices and controls used in the manufacture, processing, packing, holding, retailing or offering for sale of foods are in conformance with or are operated or administered in conformity with this rule to assure that food for human consumption is safe.

(1) Food Establishment and grounds.

(a) No change

(b) Food Establishments Establishment buildings and structure shall:

1. Be operated and maintained as required in Rule 5K-4.002, F.A.C. suitable in size, construction, and design to facilitate maintenance and sanitary operations for food processing purposes. Food Establishments that are engaged primarily in the processing of foods must have concrete or other impervious floors with slope to floor drains as required to prevent pooling or accumulation of water and other liquids. None of the operations connected with a food processing Food Establishment shall be conducted in any room or area used as living or sleeping quarters. There shall be no direct opening between living quarters and any room or area where foods are manufactured or processed.

2. through 6. No change.

(2) No change.

(3) Sanitary facilities and controls. Each Food Establishment shall be equipped with adequate sanitary facilities and accommodations including the following:

(a) Water supply – The water supply shall be sufficient for the operations intended and shall be derived from an approved source in accordance with Section 500.03(1)(c), F.S. Any water that contacts foods or food-contact surfaces shall be safe and from an approved source as required by in accordance with applicable provisions of Sections 403.850-403.891, F.S. Running water, at a temperature suitable for its intended use and under pressure, as needed, shall be provided in all areas where the processing of food, the cleaning of equipment, utensils or containers, or employees’ sanitary facilities, require.

(b) Sewage disposal – Sewage disposal shall be made into an approved sewerage system or disposed of through other approved means, as required by in accordance with applicable provisions of Sections 403.085-403.087, F.S.

(c) Plumbing – Plumbing shall be sized, installed, and maintained as required by the plumbing in accordance with applicable provisions of the Florida Building Code, and maintained to:

1. through 4.  No change.

(d) Toilet facilities – Each Food Establishment shall provide its employees with toilet and associated hand-washing facilities within the Food Establishment as required by the plumbing in accordance with applicable provisions of the Florida Building Code state sanitary code. Fixtures shall be of readily cleanable sanitary design. Toilet rooms shall be furnished with toilet tissue. Toilet rooms shall be maintained in a sanitary condition and kept in good repair at all times. Doors to toilet rooms shall be self-closing and shall not open directly into areas where food is exposed to airborne contamination, except where alternate means have been taken to prevent such contamination (such as double doors, positive air-flow systems, etc.). Signs shall be posted requiring employees to use cleaning soap or detergents after using toilet.

(e) Hand-washing facilities – Conveniently located facilities for hand washing and, where appropriate, hand sanitizing shall be provided at each location in the Food Establishment in areas where food preparation, food dispensing, and warewashing occurs, and in toilet rooms good sanitary practices require employees to wash or sanitize and dry their hands. Such facilities, , shall be furnished with running water at a temperature for hand washing, effective hand-cleaning and sanitizing preparations, sanitary towel service or drying devices and easily cleanable waste receptacles. The use of a “common” towel is forbidden.

(f) No change.

(4) Sanitary operations.

(a) through (b) No change.

(c) Sanitation of equipment and utensils – All utensils and product-contact surfaces of equipment shall be cleaned as frequently as necessary to prevent contamination of food and food products. Nonproduct-contact surfaces or equipment used in the operation of Food Establishments should be cleaned as frequently as necessary to minimize accumulation of dust, dirt, food particles, and other debris. Single-service articles (such as utensils intended for one-time use, paper cups, paper towels, etc.) should be stored in appropriate containers and handled, dispensed, used, and disposed of in a manner that prevents contamination of food or food-contact surfaces. Where necessary to prevent the introduction of undesirable microorganisms into food products, all utensils and product-contact surfaces of equipment used in the Food Establishment shall be cleaned and sanitized prior to such use and following any interruption during which such utensils and contact surfaces may have become contaminated. Where such equipment and utensils are used in a continuous production operation, the contact surfaces of such equipment and utensils shall be cleaned and sanitized on a predetermined schedule using adequate methods for cleaning and sanitizing. Sanitizing agents shall be effective and safe under conditions of use. Any facility, procedure, machine, or device may be acceptable for cleaning and sanitizing equipment and utensils if it is established that such facility, procedure, machine, or device will routinely render equipment and utensils clean and provide adequate sanitizing treatment.

(d) No change.

(5) Processes and controls. All operations in the receiving, inspecting, transporting, packaging, segregating, preparing, processing, and storing of food shall be conducted under conditions that protect against contamination of food in accordance with adequate sanitation principles. Overall sanitation of the Food Establishment shall be under the supervision of an individual assigned responsibility for this function. All reasonable precautions, including the following, shall be taken to assure that production procedures do not contribute contamination such as filth, harmful chemicals, undesirable microorganisms, or any other objectionable material to the processed product:

(a) through (b) No change.

(c) When ice is used in contact with food products, it shall be made from potable water and shall be used only if it has been manufactured, in accordance with adequate standards and stored, transported, and handled in a sanitary manner.

(d) through (g) No change.

(h) Packaging processes and materials shall not transmit contaminants or objectionable substances to the products, shall conform to any applicable food additive regulation in 21 CFR – parts 170-186 incorporated in paragraph 5K-4.002(1)(d), F.A.C., and should provide adequate protection from contamination.

(i) Meaningful Coding coding of products sold or otherwise distributed from a manufacturing, processing, packing, or repacking activity is recommended should be utilized to enable positive lot identification to facilitate, where necessary, the segregation of specific food lots that may have become contaminated or otherwise unfit for their intended use. Records should be retained for a period of time that exceeds the shelf life of the product, except that they need not be retained more than 2 years.

(j) No change.

(6) Personnel. The Food Establishment management shall take all reasonable measures and precautions to assure the following:

(a) No change.

(b) Cleanliness – All persons, while working in direct contact with food preparation, food ingredients, or surfaces coming into contact therewith shall:

1. Wear clean outer garments, maintain a high degree of personal cleanliness, and conform to hygienic practices while on duty, to the extent necessary to prevent contamination of food products.

2. No change.

3. Remove all insecure jewelry and, during periods where food is manipulated by hand, remove from hands jewelry that cannot be adequately sanitized.

4. through 7. No change.

(c) Education and training – Wholesale Food Establishment personnel shall meet the training requirements set forth in 21 CFR 117.4(b) as adopted by reference in Rule 5K-4.002, F.A.C. Retail Food Establishment personnel shall meet the training requirements set forth in Rule 5K-4.021, F.A.C. Personnel responsible for identifying sanitation failures or food contamination in should have a background of education or experience, or a combination thereof, to provide a level of competency necessary for production of clean and safe food. Food handlers and supervisors should receive appropriate training in proper food-handling techniques and food-protection principles and be cognizant of the danger of poor personal hygiene and unsanitary practices.

(d) Supervision – Responsibility for assuring compliance by all personnel with all requirements of this rule shall be clearly assigned to competent supervisory personnel who meet the training requirements specified in paragraph 5K-4.004(6)(c), F.A.C.

(7) Establishments engaged solely in the harvesting, storage, or distribution of one or more raw agricultural commodities which are ordinarily cleaned, prepared, treated or otherwise processed before being marketed to the consuming public are exempted from coverage under these general regulations. This exemption does not apply to persons selling Food consisting of or containing Hemp Extract. Tomato packing houses and repackers must comply with Rule 5K-4.029, F.A.C.

(8) through (9) No change.

Rulemaking Authority 570.07(23), 500.09, 500.12 FS. Law Implemented 500.04, 500.09, 500.10, 500.12(2)(b), 500.13, 500.172 FS. History–New 3-1-72, Repromulgated 12-31-74, Amended 1-18-83, Formerly 5E-6.04, 5E-6.004, Amended 9-30-96, 7-26-04, ______.

 

5K-4.0041 Mobile Food Establishments and Commissaries.

(1) Mobile Food Establishments.

(a) Mobile Food Establishments shall meet all applicable requirements as specified in the Mobile Food Permit Requirements (Rev. 7/19 11/18) incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX and as indicated on the form.

(b) through (c) No change.

(d) Each Mobile Food Establishment shall report to a Commissary each day of operation, to store or replenish supplies, clean utensils, and equipment, or dispose of liquid and solid waste, with the exception of Mobile Food Establishments that sell only prepackaged foods and have all necessary support equipment located in the unit.  1. The Mobile Food Establishment shall visit the Commissary each day of operation unless exempt by this Rule Chapter. 2. The Mobile Food Establishment shall have more than one approved Commissary for each time it operates in a location where it cannot visit its primary Commissary once a day during operation. A Commissary Letter of Agreement, FDACS-14223 (Rev. 11/18) is required for each additional Commissary used by the Mobile Food Establishment.

(e) through (f) No change.

(2) No change.

Rulemaking Authority 500.09, 570.07(23) FS., Law Implemented 500.09, 500.12, FS. History–New____.

 

5K-4.0050 Special Process Approvals.

(1)  No change.

(2)  The Department shall not issue a special process approval until the Department receives from the Retail Food Establishment the following: 

(a) A complete Application for Special Process Approval For Retail Food Establishments, FDACS-14095 (Rev. 7/19 11/18), submitted either online at [e-mail] or by mail as indicated on the form. This application is incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX;

(b) through (c) No change.

(d) A Hazard Analysis and Critical Control Point (HACCP) plan if required as specified under Sections 3-401.11(D)(4), 3-502.11, or 4-204.110(B)Section 8-201.13(A) of the 2017 FDA Food Code that includes the information specified under 8-201.14 as it is relevant to the special process approval requested.

(e) Scientific documentation supporting the determination that food safety is not compromised by the proposal shall be submitted for the processes outlined in paragraphs 5K-4.0050(1)(a)-(h), F.A.C.

(3) If a special process approval application is granted by the Department, or a HACCP plan is otherwise required as specified under 8-201.13 of the FDA Food Code, the Food Establishment shall:

(a) No change.

(b) Maintain and provide to the Department upon request, records specified under 8-201.14 (D) and (E)(3) of the FDA Food Code that demonstrate that the following are routinely employed;

1. through 4. No change.

(c) through (e) No change.

Rulemaking Authority 500.09, 570.07(23) FS. Law Implemented 500.09, 500.10, 500.11, 500.13, 500.169, FS. History–New____.

 

5K-4.020 Food Permits; Requirements and Fees.

(1) No change.

(2) Food permits. The Department shall not issue a food permit to a Food Establishment until the following conditions are met:

(a) The Food Establishment submits a complete Food Permit Application, FDACS-14306 (Rev. 08-1911/18) to the Department, either online or by mail as indicated on the form.  Food Permit Application, FDACS-14306 (Rev. 08/1911/18) is incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX.

(b) No change.

(c) The Department conducts an inspection of the Food Establishment, its equipment, and methods of operation, and verifies that provisions of the Florida Food Safety Act, this rule chapter, and the Food Establishment Minimum Construction Standards (Rev. 11/18) have been met, and the Food Establishment submits to the Department a complete Interagency Coordination Of Regulated Establishments - DOH/DACS/DBPR/DCF/AHCA/APD Evaluation Of Onsite Sewage (SEPTIC) And Water Supply Capacity (Rev. 3/12) (SEPTIC Form) or provide proof that water quality requirements have been met as required by this rule. The Food Establishment Minimum Construction Standards (Rev. 11/18) are hereby incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX. The SEPTIC form is hereby incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX.

(d) No change.

(e) No food permit shall be issued until all applicable fees required in by subsections 5K-4.004(8), 5K-4.020(4)-(6), and Rule 5K-4.035, F.A.C. rule chapter have been submitted to the Department.

(3) through (7) No change.

Rulemaking Authority 500.09, 500.12(1)(b), 500.12(1)(f), 570.07(23) FS. Law Implemented 500.04, 500.09, 500.10, 500.12(1)(a), (b), (c), (d), (f), 500.12(2), 500.12(7), 500.121, 500.171, 500.172, 500.177, 570.15 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, 10-28-08, 3-1-09, 3-24-14,_______.

 

5K-4.021 Training and Certification.

(1) Food Manager Certification. All Retail Food Establishments shall have a certified food protection manager that is certified by a food protection manager certification program that is evaluated and listed by a Conference for food Protection-recognized accrediting agency as conforming to the Conference for food Protection Standards for Accreditation of food Protection Manager Certification Programs in accordance with section 2-102.20 of the 2017 Food Code as incorporated by reference in subsection 5K-4.002(4), F.A.C., except for the following: 

(a) through (d) No change.

(2) Training and certification of Department personnel. Any person performing required inspections of permitted Food Establishments for the Department or its agent must:

(a) through (b) No change.

(c) Pass the basic food inspection training certification requirements as specified in Standard 2 of the Voluntary National Retail Food Regulatory Program Standards revised as of 1, 2017 hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX, and the Conference for Food Protection Regulatory Retail Food Safety Inspection Officers Field Training Manual revised as of 5/13 hereby incorporated by referenced and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX; and

(d) No change.

Rulemaking Authority 500.12(6), 570.07(23) FS. Law Implemented 500.12(6) FS. History–New 1-11-94, Formerly 5E-6.021, Amended 1-23-97, 5-25-98, 3-1-09, 3-24-14,____.

 

5K-4.023 Packaged Ice, Ice Vending Machines, and Water Vending Machines.

(1) In addition to the requirements in the Florida Food Safety Act, and all applicable rules in Chapter 5K-4, F.A.C., packaged ice plant operators, water vending machines, and ice vending machines shall comply with this rule. Ice vending machines shall be permitted as Packaged Ice Plants as defined in Section 500.03(1)(y), F.S.

(2) Water Source.

(a) The source of the water supply used for packaged ice, vended ice, or vended water shall be an approved public water system as defined in Section 403.852, F.S. Sections 403.850-403.864, F.S., Chapter  64E-8, F.A.C., and Chapter 62-550, F.A.C.

(b) No change.

(3) Construction.

(a) No change.

(b) Water vending machines shall also comply with the following:

1. Use methods for treatment as required by Chapter 62-550, F.A.C. including distillation, ion-exchange, filtration, ultra-violet light, mineral addition, or reverse osmosis.

2 through 3. No change.

4. Water vending machines dispensing purified water shall meet the requirements for purified water as stated in 21 CFR 165 as adopted in 5K-4.002, F.A.C., and the requirements stated in Rule Chapter 62-550, F.AC.

5. No change.

(4) through (12) No change.

(13) Commissaries

(a) Ice vending machines shall not operate independent of a Commissary approved by the Department. Each Ice vending machine operator shall submit to the Department a completed Commissary Letter of Agreement, FDACS-14223 (Rev. 11/18).

1. Commissary Letter of Agreement, FDACS-14223 (Rev. 11/18), shall be executed on an annual basis.

2. The Ice vending machine operator shall make this agreement available to the Department upon request.

(b) Each Ice vending machine shall report to a Commissary at a frequency specified in Ch. 4-602 of the 2017 FDA Food Code as adopted in Rule 5K-4.002, F.A.C., to clean utensils, and equipment, or dispose of liquid and solid waste.

Rulemaking Authority 500.09, 500.509, 500.12(1)(d), 570.07(23) FS. Law Implemented 500.147, 500.459, 500.511 500.453, 500.509 FS. History–New 1-19-95, Formerly 5E-6.023, Amended 8-8-95,____.

 

5K-4.033 Limited Poultry and Egg Farm Operation.

(1) through (5) No change.

(6) Materials adopted by reference. All documents and materials referenced in this rule are hereby adopted and incorporated by reference and are available as follows:

(a) No change.

(b) Title 9, Volume 1, Parts 1 to 199, Code of Federal Regulations, revised as of January 1, 2000, is accessible through the internet at: http://www.flrules.org/Gateway/reference.asp?No=Ref-03709.

(c) through (d) redesignated (b) through (c) No change.

Rulemaking Authority 500.09(3), (4), (8), 500.12(1)(a), (b), 570.07(23), 583.01, 583.04 FS. Law Implemented 500.09, 500.12, 583.09 FS. History‒New 3-24-14, Amended,           .

 

5K-4.035 Guidelines for Imposing Administrative Penalties.

(1) No change.

(2) The Department will enforce compliance with Chapters 500, F.S., and this rule chapter by issuing an administrative complaint, a stop-sale order, or stop-use order,  release order, destruction order, notice of non-compliance, permit suspension or revocation, or an immediate final order for violations of Chapters 500, F.S., and this rule chapter.

(3) Stop-Sale, or Stop-Use, Release or Destruction Orders. The Department shall issue a Stop-Sale, or Stop-Use Release and/or Destruction Order FDACS-14215 14402, (Rev. 04/19 03/18), as provided in Section 500.172, F.S., whenever necessary to effectuate the statutory duties of the Department in the interest of public health, safety, and welfare and as necessary to promote the safety of any food product, food-processing equipment, or areas within an entity operating as a Food Establishment in Florida. A Stop-Sale, or Stop-Use Release and/or Destruction Order 14215 14402, (Rev. 04/19 03/18), will be used to give notice that such a product, processing equipment or area is, or is suspected of, failing to comply with the requirements of Chapter 500, F.S., or this rule chapter, and shall prohibit the removal, use, or disposal of such item. The Stop-Sale, or Stop-Use Release and/or Destruction Order FDACS-14215 14402, (Rev. 04/19 03/18), is incorporated by reference and avilable online at http://www.flrules.org/Gateway/reference.asp?No=RefXXXX.

(4) through (5) No change.

(6) Aggravating and Mitigating Factors. The Department will consider aggravating and mitigating factors in determining penalties for violations of Chapters 500, F.S., and this rule chapter. The factors shall be applied against each single count of the listed violation.

(a) Aggravating Factors:

1. through 3. No change.

4. The length of time the business has been in operation and the violation history over the past three years.

5. through 10. No change.

(b) No change.

(7) through (8) No change.

(9) Penalties.

(a) No change.

(b) Major Violations. Any violation of Chapters 500, F.S., or this rule chapter that may result in economic or physical harm to a person or may adversely affect the public health, safety, or welfare or creates a significant threat of such harm shall be considered a major violation.

1. Tier I. Tier I major violations shall result in the issuance of a stop-sale order, or stop-use order, and/or destruction order.  For the purposes of this rule, the following violations shall be considered Tier I major violations:

a. through c. No change.

d. Failure to provide Water Vending Machine Relocation Form (WVMRF), FDACS-14809, (Rev. 11/18), in accordance with Section 500.459, F.S., when a water vending machine is relocated. The Water Vending Machine Relocation Form (WVMRF), FDACS-14809, (Rev. 11/18) is incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=RefXXXX.

e. through p. redesignated d. through o. No change.

2. Tier II. Tier II violations shall result in the issuance of a stop-sale, or stop-use order, destruction order, and/or an administrative fine of $500 up to the statutory maximum. Aggravating factors, as defined in paragraph (6)(a). of this rule, shall warrant the adjustment of the fine upward per violation per aggravating factor and mitigating factors, as defined in paragraph(6)(b). of this rule, shall warrant the adjustment of the fine downward per violation per mitigating factor, but no fine shall exceed the statutory maximum as outlined in Section 570.971, F.S., as applicable. If, three years after the day of the last violation under Chapters 500, F.S., or this rule chapter, no new violation has occurred, all previous fines shall be disregarded when administering a fine for the next violation. For the purposes of this rule, the following violations shall be considered Tier II major violations:

a. through h. No change.

(10) through (11) No change.

Rulemaking Authority 500.09, 500.12, 570.07(23), FS. Law Implemented 500.04, 500.09, 500.121, 500.171, 500.172, 500.173, 500.174, 500.177, History–New,______.