61C-1.00205: General Inspection Requirements
PURPOSE AND EFFECT: The proposed rule development will move the general inspection requirements from Rule 61C-1.002, F.A.C., to a new rule section; update forms incorporated by reference; specify inspection frequency for permanent public food service establishments, theme park food carts, and mobile food dispensing vehicles; improve readability under the plain language initiative; and ensure accurate and consistent terms throughout the rule.
SUBJECT AREA TO BE ADDRESSED: The proposed rule development addresses forms incorporated by reference; public food service establishment inspection frequency; and a general update of the rule language to improve readability and ensure accurate and consistent terms throughout the rule.
SPECIFIC AUTHORITY: 509.032 FS.
LAW IMPLEMENTED: 509.032 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: Michelle Comingore, Operations Review Specialist, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-1012, telephone: (850)488-1133
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
61C-1.00205 General Inspection Requirements.
(1)(a) Division personnel shall inspect all public lodging establishments as often as necessary to enforce law and protect the publics health, safety and welfare. The result of each inspection shall be recorded on DBPR Form HR-5022-014, LODGING INSPECTION REPORT, incorporated herein by reference and effective 2009 December 3, and a legible copy shall be provided to the operator.
(b) Division personnel shall inspect all public food service establishments and other places where food is served to or prepared for service to the public as often as necessary to enforce the law and protect the publics health, safety and welfare. The result of each inspection shall be recorded on DBPR Form HR-5022-015, FOOD SERVICE INSPECTION REPORT, incorporated herein by reference and effective 2009 October 1, and a legible copy shall be provided to the operator. Persons operating a public food service establishment shall permit division personnel right of entry during operating hours to observe food preparation and service, and if necessary, examine records of the establishment to obtain information relating to food and supplies purchased, received or used.
(c) The operator of each public food service establishment shall maintain the latest inspection report on premises and shall make it available to any consumer upon request.
(d) Inspection Frequency.
1. Except as otherwise provided in this section, public lodging establishments and permanent public food service establishments shall be inspected a minimum of three times annually.
2. Nontransient rooming houses, vending machines, theme park food carts, and mobile food dispensing vehicles shall be inspected a minimum of twice annually.
3. Vendors at temporary food service events shall be inspected at the time of licensure and shall be inspected at such other times as the division determines is necessary to ensure the publics health, safety, and welfare.
4. Nontransient and transient apartments shall be inspected once annually.
5. Establishments licensed for a partial year will receive a prorated number of inspections, including the opening inspection, during the first partial year of operation.
(2) Obtaining forms. Samples of the forms incorporated in this section are available from the Division of Hotels and Restaurants Internet website www.MyFloridaLicense.com/dbpr/hr; by e-mail to call.center@dbpr.state.fl.us; or upon written request to the Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.
Rulemaking Authority 509.032 FS. Law Implemented 509.032 FS. HistoryNew________.
