The rulemaking will clarify that permit fees are paid during the application process, prior to issuance of the permit. The rulemaking also updates and incorporates forms.?

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Food Safety

RULE NO.:RULE TITLE:

5K-4.020Food Permits; Requirements and Fees

PURPOSE AND EFFECT: The rulemaking will clarify that permit fees are paid during the application process, prior to issuance of the permit. The rulemaking also updates and incorporates forms.?

SUMMARY: The proposed changes clarify when the permit fee must be paid. Updates are also being made to two previously incorporated forms application for and dissolution of food permits. Additionally, the division has created a form for food permit renewals.??

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein:

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 500.09, 500.12(1)(b), 500.12(1)(f), 570.07(23), F.S.

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, 570.161, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Brenda Noble, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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 Department receives a complete application for food permit. A complete application for food permit must include the items provided in paragraphs (a) through (c): the following conditions are met: 

(a) A The Food Establishment submits a complete Food Permit Application, FDACS-14306 (Rev. 08/2024) submitted (Rev. 06/2023) to the Department, either online or by mail as indicated on the form. Food Permit Application, FDACS-14306 (Rev. 08/2024) (Rev. 06/2023) is incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX16003, or by requesting a copy by emailing [e-mail];.

(b) Payment of The Food Establishment submits the permit fee indicated in subsection (4) to the Department; and 

(c) A preoperational The Department conducts an inspection by the Department of the Food Establishment, its equipment, and methods of operation, and verifies that provisions of the Florida Food Safety Act, this rule chapter have been met, and the Food Establishment submits to the Department proof that water quality requirements have been met as required by this rule. 

(d) through (e) No change.  

(3) No change. 

(4) Food Permit Fees and Renewal. 

(a) One food permit shall be issued to and one fee shall be charged to the Food Establishment for all food operations at a single location, regardless of whether the location may qualify under the definitions of this subsection for two or more permits. If a location qualifies for two or more permits, only the largest applicable fee shall be charged to that location, except that any location qualifying for a Limited Sales permit shall only be charged the fee applicable to a Limited Sales permit. If the ownership or physical location of a Food Establishment changes during a calendar year, a complete application as provided in subsection (2), is new food permit application, an inspection meeting requirements, and a fee in the amount specified in subsection 5K-4.020(4), F.A.C.,are required before a food permit shall be issued. Other license or permit fees may apply to a business, however, are not voided by payment of the food permit fee. Fees charged to new Food Establishments shall be the entire applicable fee for one year. 

(b) Food Beginning January 1, 2024, food permits issued by the Department will be renewed on a rolling basis in accordance with Section 500.12, F.S., with permit expiration dates based on the month and date the food permit was first issued (“initial permit date”). To renew a food permit, a complete Food Permit Renewal Application, FDACS-14373 must be submitted to the Department, either online or by mail as indicated on the form. Food Permit Renewal Application, FDACS-14373 is incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, or by requesting a copy by emailing [e-mail].

(c) through (j) No change.

(5) through (6) No change.

(7) Food Establishments permitted pursuant to Section 500.12, F.S., shall notify the department within 30 days after closure or dissolution of the business. Food Establishments shall submit a completed Permit Dissolution Form, FDACS-01733 (Rev. 08/2024) (Rev. 10/23) to the Department, either online via the Food Permit Center portal or by mail as indicated on the form. Permit Dissolution Form, FDACS-01733 (Rev. 08/2024) (Rev. 10/23) is incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX16004 or by requesting a copy by emailing [e-mail].

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, 3-16-20, 3-14-22, 11-20-23,                 .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Matthew D. Curran, Ph.D., Director, Division of Food Safety

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Wilton Simpson, Commissioner of Agriculture

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 24, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 9th, 2024