The Division of Hotels and Restaurants conducts regular inspections of public food service and lodging establishments to assure compliance with all state sanitation and safety laws. For more information, please see below.

Transition to the 2009 FDA Food Code

Effective January 1, 2013, the Division of Hotels and Restaurants will adopt provisions of the 2009 Food and Drug Administration (FDA) Food Code. We are confident that the updates will lead to more efficient and smarter regulations which will improve the inspection process, ultimately allowing operators to better serve their customers.

  • Download the educational video on the new process here and a copy of the video transcript here.
  • Download a copy of the Industry Bulletin here.
  • Download the reference flyer here.

A copy of the entire 2009 Food Code can found on the Statutes & Rules page.

One of the most important changes is a new three-tiered violation classification system that will replace the “critical” or “non-critical” classification currently in use. The new system will use the terms “High Priority,” “Intermediate” and “Basic” which will better define violation information for operators and consumers, making the whole process easier to understand.

Definitions

High Priority Violations are those which could contribute directly to a foodborne illness or injury. High Priority lodging violations are those which could pose a direct or significant threat to the public health, safety, or welfare.

Food Service High Priority Violation Category List
  • 01a       Food obtained from approved source
  • 01b       Food safe and unadulterated; sound condition
  • 01d       Parasite destruction for raw/undercooked fish
  • 02b       Consumer advisory for other raw/undercooked animal products (except oysters)
  • 02c       Date marking ready-to-eat (RTE) potentially hazardous/time/temperature control for safety foods (PH/TCS)
  • 03a       Receiving and holding PH/TCS foods cold
  • 03b       Receiving and holding PH/TCS foods hot
  • 03c       Cooking raw animal foods and plant foods; non-continuous cooking of raw animal foods
  • 03d       Cooling PH/TCS foods; proper cooling methods
  • 03e       Reheating PH/TCS foods for hot holding
  • 03f        Time as a Public Health Control
  • 03g       Reduced oxygen packaging (ROP) and other Special Processes
  • 07         Unwrapped or PH/TCS food not re-served
  • 08a       Separating raw animal foods from: each other, RTE foods and unwashed produce
  • 08b       Food protection during preparation, storage and display
  • 09         Bare hand contact with RTE food; Alternative Operating Procedure (AOP)
  • 10         In-use food dispensing utensils properly stored
  • 11         Employee health knowledge; ill/symptomatic employee present
  • 12a       Hands clean and washed properly; use of hand antiseptic if use of AOP
  • 14         Food-contact and nonfood-contact surfaces designed, constructed, maintained, installed, located
  • 16         Dishwashing facilities; chemical test kit(s); gauges
  • 22         Food-contact surfaces clean and sanitized
  • 25         Single-service and single-use items
  • 27         Water source safe, hot (100 degrees F) and cold under pressure
  • 28         Sewage and waste water disposed properly
  • 29         Plumbing installed and maintained; mop sink; water filters; backflow prevention
  • 35a       No presence or breeding of insects/rodents/pests; no live animals
  • 41         Chemicals/toxic substances
  • 43         Complete separation from living/sleeping area/private premise; kitchen restricted – no unauthorized personnel
  • 50         Current license, properly displayed
Lodging High Priority Violation Category List
  • 02   Fire hazards
  • 05   Hearing impaired smoke detectors
  • 08   Boiler, boiler room
  • 10   Adequate heating
  • 12   Balcony: railing safety, certification
  • 14   Proper locking devices
  • 16   Water source safe; hot/cold provided
  • 19   Plumbing
  • 21   Toxics: storage, use
  • 22   Ice protection
  • 23   Glassware; tableware; utensils sanitized
  • 24   Vermin control
  • 27   Sewage and waste water disposal
  • 33   Unethical business practices; overbooking
  • 34   Licensee: criminal conduct
  • 38   Current license: displayed, available upon request
  • 40   Other conditions: safe, sanitary

Intermediate Violations
are those which, if not addressed, could lead to risk factors that contribute to foodborne illness or injury. Intermediate lodging violations are those which relate to specific actions, equipment or procedures that contribute to the occurrence of a high priority violation if left unaddressed.

Food Service Intermediate Violation Category List
  • 01b       Food safe and unadulterated; sound condition
  • 01c       Shellstock tags; commingling
  • 01d       Parasite destruction for raw/undercooked fish
  • 02a       Consumer advisory for raw/undercooked oysters
  • 02b       Consumer advisory for other raw/undercooked animal products
  • 02c       Date marking ready-to-eat (RTE) potentially hazardous/time/temperature control for safety foods (PH/TCS)
  • 02d       Food items properly labeled; original container
  • 03a       Receiving and holding PH/TCS foods cold
  • 03c       Cooking raw animal foods and plant foods; non-continuous cooking of raw animal foods
  • 03d       Cooling PH/TCS foods; proper cooling methods
  • 03f        Time as a Public Health Control
  • 03g       Reduced oxygen packaging (ROP) and other Special Processes
  • 04         Facilities to maintain PH/TCS foods at the proper temperature
  • 05         Food and food equipment thermometers provided and accurate
  • 08a       Separating raw animal foods from: each other, RTE foods and unwashed produce
  • 08b       Food protection during preparation, storage and display
  • 09         Bare hand contact with RTE food; Alternative Operating Procedure (AOP)
  • 11        Employee health knowledge; ill/symptomatic employee present
  • 12a       Hands clean and washed properly; use of hand antiseptic if use of AOP
  • 12b       Employee eating, drinking, tasting food, smoking
  • 13         Clean clothes; hair restraints; jewelry; painted/artificial fingernails
  • 14         Food-contact and nonfood-contact surfaces designed, constructed, maintained, installed, located
  • 16         Dishwashing facilities; chemical test kit(s); gauges
  • 22         Food-contact surfaces clean and sanitized
  • 24         Storage/handling of clean equipment, utensils; air drying
  • 25         Single-service and single-use items
  • 27         Water source safe, hot (100°F) and cold under pressure
  • 28         Sewage and waste water disposed properly
  • 29         Plumbing installed and maintained; mop sink; water filters; backflow prevention
  • 31a       Handwash sink(s) installed, accessible, not used for other purposes
  • 31b       Handwashing supplies and handwash sign provided
  • 32         Bathrooms
  • 35a       No presence or breeding of insects/rodents/pests; no live animals
  • 41         Chemicals/toxic substances
  • 43         Complete separation from living/sleeping area/private premise; kitchen restriction – no unauthorized personnel
  • 51        Other conditions sanitary and safe operation
  • 52        Misrepresentation; misbranding
  • 53a      Food manager certification; knowledge/active managerial control (except employee health)
  • 53b       State approved food handler training; employee duty specific training/knowledge
Lodging Intermediate Violation Category List
  • 19   Plumbing
  • 21   Toxics: storage, use
  • 23   Glassware; tableware; utensils sanitized

Basic Violations are those which are considered best practices to implement.

Food Service Basic Violation Category List
  • 01c       Shellstock tags; commingling
  • 02d       Food items properly labeled; original container
  • 03a       Receiving and holding PH/TCS foods cold
  • 03c       Cooking raw animal foods and plant foods; non-continuous cooking of raw animal foods
  • 03e       Reheating PH/TCS foods for hot holding
  • 03f        Time as a Public Health Control
  • 05         Food and food equipment thermometers provided and accurate
  • 06         PH/TCS foods properly thawed
  • 08a       Separating raw animal foods from: each other, RTE foods and unwashed produce
  • 08b       Food protection during preparation, storage and display
  • 09         Bare hand contact with RTE food; Alternative Operating Procedure (AOP)
  • 10         In-use food dispensing utensils properly stored
  • 11         Employee health knowledge; ill/symptomatic employee present
  • 12b       Employee eating, drinking, tasting food, smoking
  • 13         Clean clothes; hair restraints; jewelry; painted/artificial fingernails
  • 14         Food-contact and nonfood-contact surfaces designed, constructed, maintained, installed, located
  • 16         Dishwashing facilities; chemical test kit(s); gauges
  • 21         Wiping cloths; clean and soiled linens; laundry facilities
  • 22         Food-contact surfaces clean and sanitized
  • 23         Nonfood-contact surfaces clean
  • 24         Storage/handling of clean equipment, utensils; air drying
  • 25         Single-service and single-use items
  • 27         Water source safe, hot (100 degrees F) and cold under pressure
  • 28         Sewage and waste water disposed properly
  • 29         Plumbing installed and maintained; mop sink; water filters; backflow prevention
  • 31b       Handwashing supplies and handwash sign provided
  • 32         Bathrooms
  • 33         Garbage and refuse; premises maintained
  • 35b       Outer openings protected from insects/pests, rodent proof
  • 36         Floors, walls, ceilings and attached equipment properly constructed and clean; rooms and equipment properly vented
  • 38         Lighting provided as required; fixtures shielded or bulbs protected
  • 40         Employee personal belongings
  • 41         Chemicals/toxic substances
  • 42         Cleaning and maintenance equipment
  • 43         Complete separation from living/sleeping area/private premise; kitchen restricted – no unauthorized personnel
  • 45         Fire extinguishing equipment (FOR REPORTING PURPOSES ONLY)
  • 46         Exits not blocked or locked (FOR REPORTING PURPOSES ONLY)
  • 47         Electrical wiring/outlets in good repair (FOR REPORTING PURPOSES ONLY)
  • 48         Gas appliances; boiler certificate current/posted (FOR REPORTING PURPOSES ONLY)
  • 49         Flammable/combustible materials (FOR REPORTING PURPOSES ONLY)
  • 50         Current license, properly displayed
  • 51         Other conditions sanitary and safe operation
  • 52         Misrepresentation, misbranding
  • 54         Florida Clean Indoor Air Act
  • 55          Automatic Gratuity Notice
Lodging Basic Violation Category List
  • 09   Lighting: public, guest rooms
  • 11   Appliances properly installed; maintained
  • 13   Building repair
  • 15   Bathrooms: public, guest, supplies
  • 17   Bedding: bed linens, towels
  • 20   Ventilation
  • 23   Glassware; tableware; utensils sanitized
  • 25   Premises maintained
  • 26   Garbage and refuse disposal
  • 29   Guest property: liability, notified
  • 32   Security deposit
  • 34   Licensee: criminal conduct
  • 35   Florida Clean Indoor Air Act
  • 36   Telephone surcharge posted
  • 37   Guest register
  • 38   Current license: displayed, available upon request
  • 39   Housekeeping

To download a complete copy of the new food service violation classifications, please click here.

If you are a food service operator and have any additional questions, please call 850-487-1395 or feel free to visit your local District Office.

Updates to Hotel Inspection Process

In addition to the changes outlined above for food service operators, lodging operators will also undergo inspections with the new three-tiered system to replace the designations of “critical” or “non-critical” violations. The Division will now use the terms “High Priority,” “Intermediate” and “Basic” violations, as well as “Reporting” violations that address reporting requirements related to fire safety issues. These terms will better define violation information for operators and consumers, making the whole process easier to understand.

To download a complete copy of the new lodging violation classifications, please click here.

Inspection Results

Next Routine Inspection: The inspector has documented violations and requires them to be corrected by the next routine inspection. If a pattern of violations continues, the inspector may request enforcement action and penalties without the benefit of a warning notice.

Warning: The inspector documented violations that must be corrected by a certain date or within a specified number of days from receipt of the inspection report. To speak to the inspector or supervisor before that date, call the Customer Contact Center at 850.487.1395 and leave a message including your license number, inspector name and inspection date.

At the time of the re-inspection, the inspector may issue a time extension if all high priority violations are corrected, significant progress is made on all other violations, and no history of repeated violations exists.

If all violations are not corrected on time and a lack of progress is observed, the inspector may recommend enforcement action.

Administrative Complaint

An Administrative Complaint is a form of legal action taken by the division against licensees. The administrative complaint process must follow the requirements in Chapter 120, Florida Statutes.

Insufficient compliance with a warning, a pattern of repeat violations, or existence of serious conditions that warrant immediate action may result in the division initiating an Administrative Complaint against the establishment. Correcting the violations is important, but penalties may still result from violations corrected after the warning time was over.

If you have received an Administrative Complaint or want to learn about the compliance process, see our What to do if you receive an Administrative Complaint page.

Emergency Closure or Suspension of License

Based on an immediate threat to the public, the Division of Hotels and Restaurants director has determined that the establishment must stop doing business and any division license is suspended to protect the public health, safety or welfare.

A 24-hour callback inspection will be performed after an emergency closure or emergency suspension of license. The establishment may reopen only when a division inspection shows that all high priority violations that caused the suspension are corrected.

For more information on inspection results and dispositions, please visit our Inspection Dispositions page.

Need Help?

All requests for public records, complaints, forms, and applications for licenses can be obtained by contacting the Customer Contact Center.

Rick Akin, Director 

Division of Hotels and Restaurants
2601 Blair Stone Road
Tallahassee, FL 32399-1011

Telephone: 850.487.1395
Email: dhr.info@myfloridalicense.com