Agenda 05/26/2015 Item #16D8 Proposed Agenda Changes
Board of County Commissioners Meeting
May 26, 2015
Continue Item 9A to the June 9,2015 BCC Meeting: This item to be heard at 9:45 a.m. This item has been
continued from the April 28,2015 BCC meeting,and continued again from the May 12,2015 BCC
Meeting. Recommendation to deny a single,2013 Cycle 3 Growth Management Plan Amendment
specific to the Vincentian Mixed Use Sub district petition.(Adoption Hearing) (Companion to rezone
petition PUDZ-PL20130001726,Vincentian Village Mixed Use PUD) (Staffs request)
Continue Item 9B to the June 9,2015 BCC Meeting: This item to be heard immediately following Item 9A.
This item was continued from the April28,2015 BCC Meeting,and continued again from the May 12,2015
BCC Meeting. This item requires ex parte disclosure be provided by Commission members.Should a
hearing be held on this item,all participants are required to be sworn in.Recommendation to approve an
Ordinance amending Ordinance Number 2004-41,as amended,the Collier County Land Development
Code,which established the comprehensive zoning regulations for the unincorporated area of Collier
County,Florida,by amending the appropriate zoning atlas map or maps by changing the zoning
classification of the herein described real property from a Planned Unit Development(PUD)zoning
district to a Mixed Use Planned Unit Development(MPUD)zoning district for a project to be known as
the Vincentian Village MPUD,to allow construction of a maximum of 224 multifamily residential dwelling
units,up to 250,000 gross square feet of commercial land uses,and a hotel limited to 150 rooms and an
assisted living facility(ALF)at 0.6 FAR.The commercial uses are subject to conversions and limitations if
the project is developed as mixed use or if a hotel or ALF is constructed.The subject property is located at
the southeast corner of Southwest Boulevard and U.S.41 in Section 32,Township 50 South,Range 26 East,
Collier County,Florida,consisting of 30.68+/-acres;providing for the repeal of Ordinance Number 99-37,
the Vincentian PUD;and by providing an effective date.[PUDZ-PL20130001726.This is a companion item
to the Growth Management Plan Amendment establishing the Vincentian Mixed Use Sub district,
PL20130001767/CP-2013-10] (Staffs request)
Move Item 16D2 to Item 11D: Recommendation to approve a standard form Agreement for Sale and
Purchase with Earl Willett for a"good deal"purchase of 2.02 acres under the Conservation Collier Land
Acquisition Program,at a cost not to exceed$3,050. (Commissioner Nance and Commissioner
Henning's separate requests)
Continue Item 16D8 to the June 9, 2015 BCC Meeting:
Recommendation to approve Standard Facility Use Agreements
for Community Markets (Short-Term and Long Term) and authorize
the County Manager or his designee to execute the Short-Term Use
Agreements; the Long Term Use Agreements will be presented to the
Board for signature. (Staff's request)
5/26/2015 16.D.8.
EXECUTIVE SUMMARY
Recommendation to approve Standard Facility Use Agreements for Community Markets (Short-
Term and Long Term) and authorize the County Manager or his designee to execute the Short-
Term Use Agreements; the Long Term Use Agreements will be presented to the Board for
signature.
OBJECTIVE: To provide standard Facility Use Agreements for Community Markets in compliance
with the Board direction on April 22,2015.
CONSIDERATIONS: On February 10, 2105, Agenda Item 11.D, the Board of County Commissioners
voted to allow the weekly"Farmer's Market"presently being held at the Golden Gate Community Center
to continue and to henceforth refer to this event as a Community Market. Parks and Recreation Staff was
directed to bring back for further discussion, a policy governing how "Community Markets" are to be
managed with the intent of allowing them to be held on an "on-going" basis, subject to appropriate
controls and limits.
On April 22, 2015, Agenda Item 11.A, the Board of County Commissioners directed staff to develop a
short-term facility use and long-term facility use agreement for "Community Markets" on County
property. The Board directed staff to work with the County Attorney's Office to bring back standard
agreements for both short-term (31 consecutive days or less) and long-term (more than 31 days but not
longer than 12 months) uses that will memorialize the Board's direction and be compliant with County,
State, and Federal codes.
Staff seeks Board authorization for the County Manager or his designee to sign the Short Term Facility
Use Agreements; the Long-Term Facility Use Agreements will be presented to the Board for approval
and signature. In addition to the difference in the term length, the County shall publically advertise the
intended use to provide interested parties the opportunity to submit a competing proposal or objection to
the intended use.
FISCAL IMPACT: There is no fiscal impact associated with this item.
GROWTH MANAGEMENT IMPACT: On April 28, 2015, Agenda Item 9.C, the Board approved an
LDC amendment that would remove the requirement that Community Markets on County property have
to obtain a temporary use permit. Other than that, there is no growth management plan impact on this
item.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires
majority vote for approval.—CMG
RECOMMENDATION: Recommendation to approve Standard Facility Use Agreements for
Community Markets (Short-Term and Long Term) and authorize the County Manager or his designee to
execute the Short-Term Use Agreements; and bring any Long Term Use Agreements back to the Board
for approval and signature.
Prepared by: Nancy E. Olson,Manager Parks and Recreation
Attachments: 1) Community Market Agreements Long-term; 2) Community Market Agreement Short-
term 3) Attachment A (Certifications for Community Market Vendors); 4) Attachment B (Florida
Department of Agriculture and Consumer Services Division of Food Safety); 5)Long Term Community
Market Insurance(1); 6)Short Term Community Market Insurance
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5/26/2015 16.D.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.8.
Item Summary: Recommendation to approve Standard Facility Use Agreements for
Community Markets (Short-Term and Long Term) and authorize the County Manager or his
designee to execute the Short-Term Use Agreements; the Long Term Use Agreements will be
presented to the Board for signature.
Meeting Date: 5/26/2015
Prepared By
Name: AlonsoHailey
Title: Operations Analyst,Public Services Department
5/14/2015 11:38:51 AM
Approved By
Name: OlsonNancy
Title: Regional Manager-Parks &Recreation,Public Services Department
Date: 5/1 4/2015 11:55:18 AM
Name: CarnellSteve
Title: Department Head-Public Services, Public Services Department
Date: 5/14/2015 2:55:17 PM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 5/14/2015 4:33:15 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 5/15/2015 9:02:35 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/18/2015 1:42:44 PM
Name: OchsLeo
Title: County Manager, County Managers Office
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5/26/2015 16.D.8.
Date: 5/18/2015 2:19:16 PM
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5/26/2015 16.D.8.
Collier County Parks and Recreation
Community Market Facility Use Agreement (Long-Term)
This Community Market Facility Use Agreement(Long-Term), is entered into on
by and between (hereinafter "Community Market Manager") and Collier
County, a political subdivision of the State of Florida.
WHEREAS, the Collier County Board of County Commissioners has publically
advertised the intended use in order to afford interested parties an opportunity to submit a
competing proposal or objection to the Agreement: and
WHEREAS, Collier County has considered all competing proposals and objections and
hereby awards this Agreement to the Community Market Manager named herein.
Market Name
Market Manager
Telephone and cell phone
Mailing Address
Email Address
Market Dates
Market Times
Market Location
Specific location within
park
Number of vendors
(maximum/minimum)
Types of items to be sold
including whether any
items are prohibited.
(Fireworks are always
prohibited.)
Rental rate Negotiated contract rate. Payment due at signature.
[04-PKR-01113/1179491/1] pt,
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5/26/2015 16.D.8.
A. Duties and Responsibilities of the Community Market Manager: ■'1
1) Ensure proper management of all traffic in and out of the site for the event.
2) Properly notify all emergency responders in advance of the event.
3) Ensure access to adequate restroom facilities.
4) Ensure compliance with all prevailing sign ordinances governing the event.
5) Required to be on site at the Market during all operating hours.
6) Enforce the rules of the Market and notify required authorities of any violations including
the Code Enforcement Department or law enforcement agencies.
7) Actively recruit new producers/vendors to expand the variety or products for sale.
8) Distribute and explain market policies,procedures,rules and regulations.
9) Collect rental fees from vendors and maintain accurate records of payment. These
documents are public records pursuant to Ch. 119, Florida Statutes, Florida's Public
Records law.
10)Assign vendor spaces.
11)Verify that all vendors distributing food or beverage, whether by sale or donation, have
the appropriate food licenses and permits as required under all applicable laws.
12)Stress to the vendors the importance of high quality, fresh products.
13)Assure the market is operated in a timely and efficient manner and that sales only occur
within the established market hours.
14)Settle or prevent disputes among the vendors as well as disagreements arising between
shoppers and vendors.
15)Have a clear procedure in place for any emergencies that may arise. Call law
enforcement as necessary.
16)Ensure timely wrap-up and clean up of the event site.
104-PKR-01113/1179491/1]
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5/26/2015 16.D.8.
17)Work with the County's designated representative to resolve any issues that might arise
pertaining to the event.
1$) Maintain compliance with all applicable local, State, or Federal laws including the
applicable sections of the Collier County Land Development Code.
19)Obtain and maintain required local, State, or Federal permits at no expense to the County
(see attachments"A"and "B").
20)Timely provide rental payments to the County.
21)The Community Market Manager may not assign this Agreement, or any part hereof,
without prior written approval of the Board of County Commissioners. Any attempt to
assign without such approval shall be void.
22)Proof of insurance satisfactory to the Collier County Risk Management Department is
required to be provided at the time of signature. Terms of the insurance are pursuant to
requirements set forth in Attachment"C"to this Agreement.
B. Community Market Facility Rental Rules and Regulations:
I) Collier County reserves the right to object to any particular Vendor.
2) Vendors must obtain, display and keep current all applicable federal, state and County
licenses, insurance, and/or permits. All Vendors are required to display business names
at all times.
3) Food booths must have hand wash sinks, employee(s) must have hair tied back and wear
plastic gloves when serving food, according to health code guidelines.
4) Sales tax, when required by the State of Florida, is the responsibility of the Vendor.
5) Vendors shall conduct themselves in a professional manner, respect other vendors and
customers. Unacceptable behavior includes profanity, throwing items, hawking items, or
make inappropriate comments or gestures. Clothing worn by vendors and vendors' staff
shall not contain profanity or obscene images or words.
[04-PKR-01113/1179491/1] L.
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N
5/26/2015 16.D.8.
6) All product labeling shall be truthful and accurate and adhere to the requirements set
tTh
forth by the State of Florida. Any claims such as organic, pesticide-free, origin, gluten
free, free range, sugar free, etc. must be substantiated. Any intentional false claims shall
be cause for immediate removal from the Market.
7) Under no circumstance(s) will fireworks of any kind be authorized for sale.
8) The Collier County Parks and Recreation Director or his designee may direct the
Community Event Manager to alter, curtail or eliminate a specific activity determined to
be inappropriate or detrimental to the facility at any time and without prior written notice.
9) This Community Market Facility Use Agreement (Long-Term) shall terminate on
There is no right to renewal.
10)Should the Community Manager wish to renew this Agreement, the Community Manager
must request a renewal at least 30 days from the end date of the Agreement. Renewal is
subject to approval by the Board of County Commissioners at a regularly scheduled
Board meeting.
11)There shall be no discrimination as to race, sex, color, creed or national origin at
Community Market events.
C. No Partnership: Nothing herein contained shall create or be construed as creating a partnership
between the County and the Community Market Manager or to constitute the Community
Market Manager as an agent of the County.
D. Cancel or Postpose a Community Market: Collier County reserves the right to cancel
a Community Market event date at the County's sole discretion and without prior written notice.
Parks and Recreation Division events or other Board approved public events shall take precedent
over a Community Market.
E. Termination of a Community Market Facility Use Agreement: This is an at-will Use
Agreement terminable by either party with or without cause on 10 days written notice to the
[04-PKR-01113/1179491/1]
t
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5/26/2015 16.D.8.
other. During the notification period, both parties agree to meet their respective contractual
obligations in good faith. The Agreement may be terminated by the County immediately due to
any material breach of this Agreement, including, but not limited to, failure of the Community
Market Manager abide by the terms and conditions set forth herein. The County shall be sole
judge of non-performance.
F. Indemnification: To the maximum extent permitted by Florida law, the Community
Market Manager shall indemnify and hold harmless Collier County, its officers and employees
from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Community Market Manager or anyone employed or
utilized by the Community Market Manager in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other rights or
t^- remedies which otherwise may be available to an indemnified party or person described in this
paragraph. This section does not pertain to any incident arising from the sole negligence of
Collier County. Collier County's liability is subject to the limits of sovereign immunity set forth
in Section 768.28, Fla. Stat.
The parties hereto have made and executed this Community Market Facility Use Agreement
(Long-Term).
FOR: COMMUNITY MARKET
By:
Community Market Manager
[04-PKR-01113/1179491/1] ,A<�
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5/26/2015 16.D.8.
STATE OF FLORIDA )
ss
COUNTY OF )
Before me a notary public, the undersigned authority, personally appeared,
, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument, and acknowledged that he/she executed the
same for the purposes therein contained.
SWORN TO AND SUBSCRIBED before me this day of 2015.
Notary Public Signature
Notary Public Name-Typed, Printed or Stamped
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA,
By:
Deputy Clerk Tim Nance
Chairman
Approved as to form and legality:
olleen M. Greene
Assistant County Attorney
[04-PKR-01113/1179491/1]
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5/26/2015 16.D.8.
Collier County Parks and Recreation
Community Market Facility Use Agreement(Short-Term)
This Community Market Facility Use Agreement(Short-Term), is entered into on
by and between , (hereinafter "Community Market Manager") and Collier
County, a political subdivision of the State of Florida.
WHEREAS, the Community Market Manager has presented a proposal to the Collier
County Parks and Recreation Department to provide a Community Market at a County Facility;
and
WHEREAS, the Collier County Parks and Recreation Department hereby awards this
Agreement to the Community Market Manager named herein.
Market Name
Market Manager
� I
Telephone and cell phone
Mailing Address
Email Address
Market Dates
Market Times
Market Location
Specific location within
park
Number of vendors
(maximum/minimum)
Types of items to be sold
including whether any
items are prohibited.
(Fireworks are always
prohibited.)
Rental rate Based on current Fee Policy ($20 per hour for 100' x 100' space).
Payment due at signature.
[04-PKR-01113/1179793/11
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5/26/2015 16.D.8.
A. Duties and Responsibilities of the Community Market Manager:
1) Ensure proper management of all traffic in and out of the site for the event.
2) Properly notify all emergency responders in advance of the event.
3) Ensure access to adequate restroom facilities.
4) Ensure compliance with all prevailing sign ordinances governing the event.
5) Required to be on site at the Market during all operating hours.
6) Enforce the rules of the Market and notify required authorities of any violations including
the Code Enforcement Department or law enforcement agencies.
7) Actively recruit new producers/vendors to expand the variety or products for sale.
8) Distribute and explain market policies, procedures,rules and regulations.
9) Collect rental fees from vendors and maintain accurate records of payment. These
documents are public records pursuant to Ch. 119, Florida Statutes, Florida's Public
Records law.
10)Assign vendor spaces.
11)Verify that all vendors distributing food or beverage, whether by sale or donation, have
the appropriate food licenses and permits as required under all applicable laws.
12)Stress to the vendors the importance of high quality, fresh products.
13)Assure the market is operated in a timely and efficient manner and that sales only occur
within the established market hours.
14)Settle or prevent disputes among the vendors as well as disagreements arising between
shoppers and vendors.
15)Have a clear procedure in place for any emergencies that may arise. Call law
enforcement as necessary.
16)Ensure timely wrap-up and clean up of the event site.
17)Work with the County's designated representative to resolve any issues that might arise
pertaining to the event.
18) Maintain compliance with all applicable local, State, or Federal laws including the
applicable sections of the Collier County Land Development Code.
19)Obtain and maintain required local, State, or Federal permits at no expense to the County
(see attachments "A" and "B").
20)Timely provide rental payments to the County.
[04-PKR-01113/1179793/1] 0
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5/26/2015 16.D.8.
21)The Community Market Manager may not assign this Agreement, or any part hereof,
/", without prior written approval of the Board of County Commissioners. Any attempt to
assign without such approval shall be void.
22)Proof of insurance satisfactory to the Collier County Risk Management Department is
required to be provided at the time of signature. Terms of the insurance are pursuant to
requirements set forth in Attachment"C"to this Agreement.
B. Community Market Facility Rental Rules and Regulations:
1) Collier County reserves the right to object to any particular Vendor.
2) Vendors must obtain, display and keep current all applicable federal, state and County
licenses, insurance, and/or permits. All Vendors are required to display business names
at all times.
3) Food booths must have hand wash sinks, employee(s) must have hair tied back and wear
plastic gloves when serving food, according to health code guidelines.
4) Sales tax, when required by the State of Florida, is the responsibility of the Vendor.
5) Vendors shall conduct themselves in a professional manner, respect other vendors and
customers. Unacceptable behavior includes profanity, throwing items, hawking items, or
make inappropriate comments or gestures. Clothing worn by vendors and vendors' staff
shall not contain profanity or obscene images or words.
6) All product labeling shall be truthful and accurate and adhere to the requirements set
forth by the State of Florida. Any claims such as organic, pesticide-free, origin, gluten
free, free range, sugar free, etc. must be substantiated. Any intentional false claims shall
be cause for immediate removal from the Market.
7) Under no circumstance(s) will fireworks of any kind be authorized for sale.
8) The Collier County Parks and Recreation Director or his designee may direct the
Community Event Manager to alter, curtail or eliminate a specific activity determined to
be inappropriate or detrimental to the facility at any time and without prior written notice.
9) This Community Market Facility Use Agreement (Short-Term) shall terminate on
10)Should the Community Manager wish to renew this Agreement,the Community Manager
must request a renewal in writing prior to the end of this Agreement. One renewal may
be authorized by the Parks and Recreation Director or his designee for a maximum
of seven (7)additional days.
[04-PKR-01113/1179793/1]
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5/26/2015 16.D.8.
11)There shall be no discrimination as to race, sex, color, creed or national origin at
Community Market events.
C. No Partnership: Nothing herein contained shall create or be construed as creating a partnership
between the County and the Community Market Manager or to constitute the Community
Market Manager as an agent of the County.
D. Cancel or Postpose a Community Market: Collier County reserves the right to cancel
a Community Market event date at the County's sole discretion and without prior written notice.
Parks and Recreation Division events or other Board approved public events shall take precedent
over a Community Market.
E. Termination of a Community Market Facility Use Agreement: This is an at-will Use
Agreement terminable by either party with or without cause on 10 days written notice to the
other. During the notification period, both parties agree to meet their respective contractual
obligations in good faith. The Agreement may be terminated by the County immediately due to
any material breach of this Agreement, including but not limited to failure of the Community
Market Manager to abide by the terms and conditions set forth herein. The County shall be the
sole judge of non-performance.
F. Indemnification: To the maximum extent permitted by Florida law, the Community
Market Manager shall indemnify and hold harmless Collier County, its officers and employees
from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Community Market Manager or anyone employed or
utilized by the Community Market Manager in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other rights or
remedies which otherwise may be available to an indemnified party or person described in this
paragraph. This section does not pertain to any incident arising from the sole negligence of
[04-PKR-01113/1179793/1]
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5/26/2015 16.D.8.
Collier County. Collier County's liability is subject to the limits of sovereign immunity set forth
in Section 768.28, Fla. Stat.
The parties hereto have made and executed this Community Market Facility Use
Agreement (Short-Term).
FOR: COMMUNITY MARKET
By:
Community Market Manager
STATE OF FLORIDA )
) ss
COUNTY OF )
Before me a notary public, the undersigned authority, personally appeared,
, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument, and acknowledged that he/she executed the
same for the purposes therein contained.
SWORN TO AND SUBSCRIBED before me this day of , 2015.
Notary Public Signature
Notary Public Name-Typed,Printed or Stamped
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PARKS AND RECREATION DEPARTMENT
By:
County Manager or Designee
Approved as to form and legality:
olleen M. Greene
Assistant County Attorney
[04-PIER-01113/1179793/1]
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Farmers Market Vendor Certifications in a nut shell:
No matter what you're selling-if you're selling it,you're in business.
Visit http://www.stateofflorida.com/portal/desktopdefault.aspx?tabid=8 to find out more about collecting state
sales tax,proper licensing and more.
If you're selling Value Added/Processed Food"bread, jelly, prepared meals, chopped greens) you must (1)
have a food permit,(2)prepare the foods in a facility that meets certain state and federal standards and (3)have a
certified Food Protection Manager.
1. Mobil Food Vendors can expect to pay a$275 annual fee for their food permit.
2. General Requirements for the Manufacturing, Processing, Packing, Holding and Retailing of Foods can be
found at https://www.flrules.org/gateway/readFile.asp?sid=0&tid=1035492&type=1&file=5K-4.004.doc
3. Section 500.12 (6) of the Florida Statutes requires the department to adopt rules for the certification of food
protection managers. The rule is chapter 5k-4.021 of the Florida Administrative Code. ALL food
establishments including mobile vendors permitted by the department must have a certified food manager.
If you have questions about the Food Manager Certification Program,please visit
https://www.flrules.org/gateway/readFile.asp?sid=0&tid=1035783&type=l&file=5K-4.021.doc AND
http://www.doh.state.fl.us/ENVIRONMENT/COMMUNITY/food/foodmanager.htm
State contact who can answer additional questions:
Aggie R. Hale,Environmental Administrator
3125 Conner Boulevard,Suite H,Tallahassee,FL 32399-1650
email: foodnnsp®doacs.state.fl.us
Phone: (850)245-5520 I FAX: (850)245-5553
The Division of Food Safety is your best resource on Florida food regulations and licenses. You can visit their
website at http://www.doacs.state.fl.us/fs/
If you're selling plants in dirt (nursery plants);you need a Nursery License. Contact Division of Plant Industry
in Gainesville 352-372-3505. They will send an inspector out to see your plants and fill out an easy form. Entry
level fee is$25. As your nursery stock increases,so does the annual inspection fee.
If you want to label your produce as "Organic", it must be certified by an approved certifying agency - but,
you're exempt from organic certification if you grow or handle less than$5,000 gross sales from organic produce.
However, you must still be in full compliance with the National Organic Program's (NOP) rules and regulations.
Florida Organic Growers (FOG) is the state's approved certifying agency in Gainesville 352-377-6345. You will
need to document that the land you're growing on has met organic standards for the past three years.
Certification fees are based on how many acres you have under organic production Certification fee for a 0-20
acre plot is approximately$425. Certification for a 200 acre farm is approximately$550. Certification takes 60-90
days and includes an inspection
Florida doesn't currently have cost-share program to help pay for the Certification process, but funding may
come from the USDA National Organic Program(NOP)to help offset the expense. The FOG maintains a waiting
list for cost share funding. Erin Mullane is the Organics expert at the State Department of Agriculture -she can
be reached at 850-922-9928.
More information can be found at
http://www.usda.gov/wps/portal/!ut/p/ s.7 0 A/7 0 1OB?navid=ORGANIC CERTIFICATIO&navtvpe=RT
&parentnav=AGRICULTURE
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If you're selling fresh produce You need a Growers Permit These are free. Simply ask Jim DeValerio to register
you as a Grower. His number is 904-966-6224 or email:jtd@ufl.edu
If you're selling fresh produce by weight visit
http://www.doacs.state.fLus/standard/weights/infobus.html#questionl
Your scale must be a certain kind and it must be inspected. Otherwise,sell by the bag,basket or handful.
"Fresh From Florida"Florida Agricultural Promotional Campaign (FAPC)
The FAPC provides an opportunity for Florida's agricultural industry to benefit from a multi-tiered advertising
campaign coordinated by the Florida Department of Agriculture and Consumer Services. Those participating in
the program are authorized to use a variety of distinctive logos on their promotional materials so that consumers
and buyers can easily identify Florida agricultural products.
Many retail stores are also using point-of-purchase materials which feature the logo. In addition,radio,television,
print and billboard advertising is ufili7ed to promote Florida agriculture and to create a positive image of the
Florida farmer.
The promotional campaign was authorized by the Florida Legislature in 1990. The Florida Department of
Agriculture and Consumer Services was designated to implement the program, following guidelines established
by an advisory counciL The council is composed of producers,shippers,packers,retailers,commodity association
representatives and a consumer and Department representative.
Benefits of Membership
As a participant you will benefit from this multi-media advertising campaign. By placing FAPC logos on your
products and packaging, consumers can easily identify and purchase Florida-grown products. Advertising
products with the Fresh from Florida and From Florida logos increases consumer awareness of the availability
and freshness of Florida products and increases your sales.
As a member,you will:
• Receive artwork of Fresh from Florida logos to use on products,packaging and promotional items.
• Tie-in to supermarket commodity promotions when retailers promote Florida agricultural products in
newspaper and home circular advertisements.
• Have the opportunity to receive industry trade show assistance at a reduced cost.
• Receive "Fresh from Florida," the FAPC promotional magazine and directory. These publications serve as
communication tools for industry buyers and are distributed by mail and at industry trade shows.
• Receive commodity-specific and generic promotional point-of-purchase material.
• Receive a 30 x 40-inch aluminum sign customized with your business name. (Benefit available to paid
members only)
• Receive the monthly Florida Agri-Journal.
• Cost $50
Visit http://www.florida-agriculture.com/marketing/fapc membership.htm for more information and an
application.
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7
o f Department �kku . and . :: #,r..
Consumer Services Division of Food Safety
February 2014
Adam H.Putnam,Commissioner
Cottage Food Legislation Signed into Law Quick Reference
Definitions
*• riot inspected by any erators with general and Cottage Food Operation
µ° -�'x '
, sate government entity. specific information con means a person who pro-
, ^} duces or packages cottage
• tamed in this document. food products at his or her
- . +'.!i01.*: Gross sales for a cot- p
residence and sells such
$ ' tage food operation If you are ros ec-
�';, � r .w g p y p p products in accordance with
'',10+,..-:=4.';'"4 .;'4 must not exceed tive cottage food opera- Section 500.80,Florida Stat-
f ,; `-« $1 5,000 annually. tor, please take some utes.
Products must be sold time to review this guid Cottage Food Product means
food that is not a potentially
The 2011 Florida Leg- directly by the cottage once document so that hazardous food as defined
islature enacted House by FDACS rule which is sold
food operator to the you are better informed
Bill 7209 allowing indi- consumer. Sales by about cottage food op- by a cottage food operation
in accordance with Section
viduals to manufacture, Internet, mail order, con- eration requirements. 500.80,Florida Statutes.
sell and store certain signment or at wholesale Residence is defined to mean
types of "cottage food" are prohibited. --r, " , ," - -- a primary residence that is
products in an unlicensed ,i; occupied by an individual
p "'*` who operates a cottage food
Cottage food products ." te operation and that contains a
home kitchen. ° p
must be labeled in ac- '° .a �:; single kitchen with appliances
Cottage food products cordance with the re- o- designed for common resi-
dential usage. The residence
include such items as quirements as outlined in I '4 • # may only contain one stove
breads, cakes, cookies, Section 500.80(5), Flor- `" or oven,which may be a
rtIC ' ' double oven designed for
candies, jams, jellies, and ida Statutes, and United
non-commercial use.
fruit pies. States Code of Federal 1 }$ Potentially Hazardous Food
"Cottage food opera- Regulations Title 21, Part t ,, means a food that requires
tions" as they are called 1 1 time/temperature control for
safety(TCS)to limit patho-
require no license or All cottage food prod- genic microorganism growth
permit from the Florida ucts, offered for sale to or toxin formation;An animal
� food that is raw or heat-
Department of Agricul- the general public, must treated;a plant food that is
ture and Consumer Ser- be labeled: "Made in a heat treated or consists of
raw seed sprouts,cut melons,
vices (FDACS), and are
cottage food operation cut leafy greens,cut toma-
INSID
that is not subject to Flor-
.. toes or mixtures of cut toma-
toes that are not modified in
* = �- ida's food safety regula- WHAT TYPE OF FOODS 2
y g a way so that they are un-
CAN I PRODUCE?
s
Lions, able to support pathogenic
" 2 microorganism growth or
? ` • '- WHAT TYPES OF FOOD
toxin formation,or arlic-in-
: � ' ' �� * The FDACS may inves- ARE NOT ALLOWED? g
':,,ivy!;; oil mixtures that are not
; t.��, tigate any complaint re
✓rr,,. x t FREQUENTLY ASKED 2 modified in a way so that
t; ceived against a cottage QUESTIONS they are unable to support
food operation. 3 pathogenic microorganism
';' :,„.,L..t p LABELING AND INSPEC- growth or toxin formation.
N. t .. TION REQUIREMENTS
The Division of Food
4
- : �' .i.;„-.4.=
Safety is pleased to pro- COTTAGE FOOD
4
Y N
fY vide cottage food op-
CONTACTS,WEB LINKS
g p ANND D RESOURCES
CES
,a2„, .FriFreStignclia,,_,,04...,
,'' s" a '1, " '.`m= s, :,, i:',,lr12 a..,,.. 4,...o-,=x re TP- .':,%t.,,,0-4/41'4- _.f 7.... c0.3
Packet Page -803-
5/26/2015 16.D.8.
s
Florida Department of Agriculture
What Types of Cottage Foods Can I Produce?
As a cottage food op- Loaf breads, rolls, biscuits Frequently Asked
erator, you are allowed Questions
to produce food items Cakes, pastries and cookies
p Question: How do I sell my
which are considered not Candies and confections cottage food products?
potentially hazardous. Honey Answer: You may sell your
cottage food products from
, ,;: Jams, jellies and preserves your residence directly to the
texi consumer. Sales are also ap-
Fruit pies and dried fruits proved at farmer's markets,
Dry herbs, seasonings and mixtures flea market and roadside
stands.
Homemade pasta Question: Can I use the inter-
-,
L Cereals, trail mixes and granola net to sell my cottage food
products?
The table (at right) Coated or uncoated nuts Answer: No,the law prohibits
sales over the internet, by mail
provides a listing of ac- Vinegar and flavored vinegars order,or at wholesale.
ceptable cottage food Popcorn, popcorn balls Question: Am I able to de-
products. Although not liver my cottage food prod-
all inclusive, it provides ucts?
for most types of op- Answer: Yes,you may deliver
proved cottage food your cottage food products
products. What Cottage Foods directly to the consumer or to a
rodUCts. g specific event venue (wedding,
Are Not Allowed? birthday celebration etc.)
I f �'/!t
-4
"' , * t '' Question: Do I need a permit
or license for my cottage food
.' Fresh or dried meat or meat products includ- operation?
ing jerky Answer: No, you do not need
Canned fruits and vegetables, chutneys, permit a state ermit or license for
your cottage food operation.
'; .1 " s vegetable butters and jellies, flavored oils, However,you should check
hummus, garlic dip, salsas etc. with your city or county for any
If you have any ques- Fish or shellfish products requirements they may have..
tions regarding the pro- Question: Is there any limit to
duction of a particular Canned pickled products such as corn relish, how much I can earn from
pickles, sauerkraut
cottage food product my cottage food operation?
please contact the Raw seed sprouts Answer: Yes,cottage food
operators are limited to
FDACS's Division of Food Bakery goods which require any type of re- $15,000 in gross sales per
Safety, Bureau of Food frigeration such as cream, custard or me- year. It is the operator's re-
and Meat Inspection at ringue pies and cakes or pastries with cream sponsibility to comply with ap-
(850) 245-5520. cheese icings or fillings plicable laws, rules and regu-
Milk and dairy products including hard, soft lotions regarding the collection
of sales tax
and cottage cheeses and yogurt
Question: Can I make pet
Cut fresh fruits and/or vegetables. Juices treats?
made from fresh fruits or vegetables Answer: No,the cottage food law applies to human-grade
��' _ ti Ice and/or ice products PP g
d. food only. For more informa-
1� �� °� rq.
Barbeque sauces, ketchups and/or mustards tion about pet treat licensing
please contact the Feed In-
Foccaccia-style breads with vegetables and/_ spection Program at
or cheeses (850) 617-7855.
Packet Page -804-
5/26/2015 16.D.8.
ono' Consumer Services
ci...:d ,wi,„►:„,. - •.�,.�..�,„c.. Federal Allergen
0 Val I a Lc.�w=re1ey Regw1 �is®GrrEa
The cottage food law predominance by Labeling Information
requires specific labeling weight; All cottage food products must be labeled in ac-
requirements for the sale • The net weight or net cordance with the United States Code of Federal
of cottage food prod- volume of the cot- Regulations Title 21, Part 101. As a cottage food
ucts. tage food product; operator, you must identify if any of your ingredi-
• Allergen information ents are made from one of the following food
as specified by fed groups: eggs, milk, wheat, peanuts, soybeans,beans fish
• eral labeling re- and
tree nuts.
quirements;
`”" •”' ..,. • If any nutritional In the sample label (provided at left) possible
d« x_ -.- claim is made, ap- allergens are identified as "Contains wheat, eggs,
" ; ".— propriate nutritional milk, soy and walnuts." This labeling allows con-
information as speci- sumers to avoid food which may be harmful to
A cottage food opera- fied by federal la- them.
tion may only sell cot- beling requirements;
tage food products and To obtain additional information you may visit the
which are prepackaged The following state- following website which contains more information
with a label affixed that ment printed in at regarding federal allergen labeling information:
contains the following least 1 0-point type http://www.fda.gov/Food/LabelinaNutrition/
information: (printed in in a color that pro- FoodAlleraensLabelina/
English) vides a clear contrast GuidanceComplianceReaulatorylnformation/ucm106187.htm
to the background
• The name and ad- label: "Made in a Cottage Food Inspections
dress of the cottage cottage food opera-
food operation; tion that is not sub- Know the Rules...
• The name of the cot- ject to Florida's food
tage food product; safety regulations."
• The ingredients of The FDACS may investigate any
g A sample is shown be-
the cottage food - complaint received for a cottage
low and may assist with
product, in descend- developing your cottage " "` food operation.
ing order of food roduct label.
p •' If your cottage food operation is
the subject of a complaint, you
I MADE IN A COTTAGE FOOD OPERATION THAT ,, must allow a FDACS employee or officer in your
kl IS NOT SUBJECT TO FLORIDA'S FOOD SAFETY E cottage food operation to conduct an inspection.
L REGULATIONS
The FDACS employee or officer will inspect your
Chocolate Chip Cookie cottage food operation to determine compliance
with applicable laws, rules and regulations.
Ashley Christopher Bryant
1019 Food Safety Drive If you refuse to allow a FDACS employee or of-
f j Tallahassee, Florida 32399
t ficer to inspect your cottage food operation, the
FDACS may take disciplinary actions which may
Ingredients: Enriched flour(Wheat flour,niacin,reduced iron,thiamine,
r mononitrate, riboflavin and folic acid), butter(milk,salt),chocolate chips include a 55,000 fine.
(sugar,chocolate liquor,cocoa butter, butterfat(milk),Soy lecithin as an
: emulsifier),walnuts,sugar,eggs,salt,artificial vanilla extract, baking More information is available on page four of
soda. this publication.
Contains:wheat,eggs,milk,soy,walnuts ^
1
�
r Net Wt. 3 oz
Packet Page-805-
5/26/2015 16.D.8.
State Agency Contact
?. A cottage food operation must comply with all applica- Can l Sell My
ble county and municipal laws and ordinances regulating
the preparation, processing, storage and sale of cottage Cottage Foods to
ti , j `'' food products. Below is a listing for state agency re- Restaurants?
.,` sources who may assist you in answering any questions
regarding cottage foods: Cottage food opera-
tors are not allowed to
FDACS of Agriculture and Consumer Services sell their cottage food
Division of Food Safety products to local restau-
(850) 245-5520 rants or grocery stores.
http://www.freshfromflorida.com/ These types of sales are
considered "wholesale"
and are not allowed un-
der the law.
Cottage food opera-
Be sure to check with your local municipal, city or county tors must sell their cot
government for additional requirements! tage food products di-
rectly to the consumer.
Documents and Publications
°mo-mew
The following websites provide additional information
relating to food safety and subsequent requirements as
well as the cottage food legislation: Can / Make Salsas
„_ _--- ._. or Barbecue
Sauce?
United States Food and Drug Administration Processing of low-acid
2009 Food Code
http://www.fda.gov/Food/FoodSafety/Retail Food Protection/FoodCode/ foods by retort canning
FoodCode2009/ or processing of acidi-
fied foods is not al-
Cottage Food House Bill 7209 lowed by a cottage
http://www.myfloridahouse.gov/Sections/Bills/billsdetaii.aspx? food operator.
Billld=46868&Sessionld=66
These types of prod-
Chapter 500, Florida Statutes ucts must be commer
http://www.leg.state.fl.us/Statutes/index.cfm? cially processed to en
App mode=Display Statute&URL=0500 sure sterility under con-
0599/0500/05000ontentslndex.html&StatuteYear=2010&Title=%2D ditions of non-
%
3E2010%2D%3EChapter%20500 refrigerated storage
and distribution.
Food Allergen Labeling and Consumer Protection Act of 2004
http://www.fda.aov/Food/LabeiinaNutrition/FoodAllergensLabelinq/ Typically, canning or
GuidanceComplianceReaulatoryInformation/ucm106187.htm processing acidified
foods are done in a
state permitted facility.
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