Ordinance 73-16lhcn.~n~ (DzCK) Sro~,~
August 31, 1973
Mr. Ben D. Driver
Fiscal Officer
Board of County Commissioners
Collier County Courthouse
Naples, Florida 33940
Dear Mr. Driver:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge your letter of August 29 and
two official copies of Collier County Ordinance No. 73-16,
which was filed in this office on August 31, '1973.
The extra copy showing the filing date is being returned
for your records.
Kindest regards.
Cordially,
RICHARD (DICK) STONE
Secretary of State
(Mrs.) Nancy Kavanaugh
Chief, Bureau of Laws
NK/na
[~nt;losure
BOOK 1 PAGE 249-A
ORDINANCE
TO MAINTAIN MINI,%IUM STANDARDS OF It~GIENE
OF PUBLIC FOOD SERVICE, PROCESSING AND
OUTLET ESTABLISHMENTS: INCORPORATING BY
REFERENCE CIIAPTERS 381 AND 386 OF THE .,~m:~~~ ~
FLORIDA STATUTES AND ~IAPTERS 10~13) 14 om
AND 15 OF ~{E FLORIDA ADMINIS~ATIVE CODE; m~ _ .
PROVIDING DEFINITIONS: PRESCRIBING A PERMIT ~
TO BE ISSUED AFTER INSPECTION AND PRIOR TO ~ [
ISSUE OF ANY OCCUPATIONAL LICENSE: PROVIDING ~ ~ ~
FO~ ~E CREATION OF ~IE F~D ESTABLISHMENT ~
REVIEW BOARD %~I~ THE PO~ER TO REVOKE A PERMIT~ ~ ~
REQUIRING APPROVAL OF MODIFICATION OR RENOVA- ~ ~
TION PLANS: PROVIDINO PENALTIES) SEVE~BILI~'
AND AN EFFECTIVE DATE.
~REAS, standards of h~iene for public food service
establishments within Collier County, Florid~ are necessary to
protect the public hehlth, safety and welfare.
SECTION ONE:
BE !T ORDAINED BY ~E BO~D OF CO~ COMMISSIONERS OF
COLLIER CO~, FLORIDA:
1. ~finitions: Law Incorporated bi. Boforonce~
a. The provisions and definitions of Chapters 381 and
386 of the Florida Statutes and Chapters 10~13, 14 and 15 of
the Florida Administrative Code regulating food service, proces-
sing and outlet establishments are incorpornted by reference Sn
this Ordinance as though set out fully herein.
b. The word "manager" or "supervisor" shall mean the
person on the premises of a "food establishment" with authority
or the right to supervise food service employees or, in his
absence, the person in charge of, or actually operating or
cleaning any food processing,' storing preparation or serving area.
2. Permit Required~ Not ~ansferable~ Revocation:
a. Permit Required to ~erate n Food Service,
Processin~ or ~tlet Establishment: It shall be unlawful ~or
any person to operate, or cause to be operated, a food service,
processing or outlet establishment within Collier County,
including any municipality therein, without:
1) Prominently displaying a current unrevoked
"Food Establishment Permit" issued to the establishment,
in the name ~f the current owner, by the Director of the
Collier County Health Department or his authorized repro-
sentative (hereinafter referred to as "Health Director"),
and
2) Full ComplianCe by the food establishment with
each provision of this Ordinance and the State law incor-
poratec hereinabove, and
3) A ~lannger, Supervisor or other designated person
upon the premises during food processing, preparation,
service; and facilities, equipment and utensil cleaning.
b. Permit Not Transferable; No."Food'Establishment Permit"
is transferable from any location t° another.
c. The Collier County Tax Collector shall require evidence
of the appropriate "Food Establishment Permit" prior to issue of
an occupational license to process, prepare, serve or sell food.
3. Permit Application and Issue:
a. Application for a "Food Establishment Permit" shall be
made to, and upon forms furnished by, the County Health Director.
b. The County Health Director'shall:
1) Cause an inspection to be made of the.premises and
determine that food establishment facilit'ies, equipment and
utensils are in compliance with State and County regulations.
2) Issue a food service, processing or outlet establish-
ment permit, as applicable.
4. Approval of Plans:
It shall be unlawful to construct, extend or alter a struc-
tural part of the building of a public food establishment without
first obtaining written approval of the plans for such wor~ by the
tlealth Director. Such approval or disapproval shall be based upon
this Ordinance and shall be made within 5 work days after submission
of such plans.
5. ,Inspections:
a. The Health Director shall inspect food establishments
at reasonable times as he may determine desirable to insure com-
pliance with State and County food health laws. Notice after
such inspections, to t!t.9..food establishment shall be by presenting
a copy of the "Official Notice of'Inspection" to the."Manager",
or other designated person, or in his absence a person operating
the food area.
b. If a food establishment fails to substantially comply
with health laws including Chapters 10D-13, 14 and 15 of the
Florida Administrative Code, the Health Director shall issue to
the M~nager a "Notice of NOn-Compliance and Hearing" before the
food establishment review board.
6. Food Establishment Review Boardt Establishment, Term~ Duties.
and Power to Revoke Permit. . '
a. Appointment: The Board of County Commissioners may by
three (3) a;ffirmative votes aPpoint two.(2).members of the food
industry and two (2) members of the public not associated with the
food industry to form a five (5) member Food Establishment Review
Board with the County Health Director as Chairman. Each appointed
member shall be a minimum of twenty-one (21) years of age, a
registered voter ~nd resident of. Collier County and not a convicted
felon.
b. Term: Each term of appointment shall be for a period of
two (2) years except one (1) each of'the initial food industry and
non-food industry appointments shall be for a period of one (1) year.
Any appoiflted member may be removed by four (4) affirmative votes
of the Board of County Commissioners. Failure.to attend two (2)
consecutive or three (3) meetings within a 12-month period shall
constitute a resignation.
c. The Food Establishment Board shall:have the power to:
1) Adopt rules of procedure, maintain a public ~ecord
of resolutions, acts and findings.
2) Hold a minimum of one (1) meeting each month at a ·
time, date and place convenient to the Board as determined
by majority vote. Emergency meetings shall be held as deter-
mined by the Chairman after eight (~) hours telephone notice,
or attemptJd notice; to t~e two (2~ teie~h~ numbers furnished
by each member, '
¥
3) ~ith three (3) affirmative votes have the'power to
revoke and invalidate a food establishment permit for the
reason of maintaining any condition in violation of this
Ordinance or State health law.
4) Non-compliance with the provisions of this Ordinance
and the referenced laws, rules and regulations ~y a food es-
tablishment is deemed to indicate inadequate knowledge. In
such case the Food Establishment Review Board may direct the
manager and/or supervisor(S) to.successfully complete a
training course or examination approved by the Health Director
based upon the Florida Statutes, the Rules and Regulations
of the Florida State Division of Health and professional
food establishment practices.
5) Immediately after a permit is revoked the .Manager
of the establishment shall be served a "Notice of Revocation"
by personal service of the Health or Sheriff's Department.
Further, operation of the food establishment shall be unlawful
prior to reissue of the permit per paragraph 3) above.
6) Upon service of a notice of revocation it shall be
the duty of the Manager and the Owner of the food establish-
ment and the duty of the Health Director to stamPupon the
face of the permit the word "Void" in bold red letter~, and
enter the date of revocation with his initials.
7) An application for re-issue of a revoked permit
shall be accompanied by a no~-returnable administrative fee
of Ten Dollars ($10.00).
7. Appeal:
Should any person be aggrieved by any provision or application
of this Ordinance he shall first submit an appeal in writing ,to the
Board of County Commissioners within ten (10) calendar days stating
his name, the name and location of the food establishment involved,
the name of the manager and the nature of the appeal. The Board
may conduct a hearing after ten (10) days notice in Writing to the
owner or manager served by registered or certified mail. The
~sgrieved person may request and receive a hearing as early as
reasonable to avoid unnecessary'hardship.
After a hearing, the Board may By three (3) votes modify,
suspend, confirm the action or take other action.
S. Penalty:
Any person violating any provision of this Ordinance shall
be guilty of a misdemeanor and punished as provided by law.
If such a violation is continuing, each day's, violation shall be
a '~eparate offense.
SECTION ~'0: Severabilit~.
If any section, subsection, sentence, clause, phrase or
portioxx of this regula~ion'is for an7 reason held invalid or
unconstitutional by any court of competent Jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision,and such hblding shall not effect the Validity of the
remaining portions.'
SECTION THREE: Effective Date.
The provisions of this JDrdimance shall become effective
upon receipt that this Ordinance has been filed with the
Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this c~/~a of August, 1973.
BOARD OF COUNTY COMMISSIONERS
· ' Ma,-ga,,et ~'. Sco~ ' ,~/~-Clifford Wenzel, Chairman
Cle~/]of Circuit Cou~t
~ ~ Approved as to form and legality:
~ : ~,:: ~,.~[,, ~. Davt'd Emerson runer -
.., ,: ..'.'. ~ Collier County Attorney
i 245