Florida restaurant inspections and the food service license

The Florida Division of Hotels and Restaurants licenses and inspects public food service establishments under chapter 509 of the Florida Statutes. A restaurant, cafe or bar gets between one and four routine inspections a year, set by a risk-based rule, and the results are public through the Division's online inspection search. The 2017 FDA Food Code has been the standard since November 1, 2019.

Which license does a restaurant need?

The Division lists license types including permanent food service with seating, permanent food service without seating, catering, mobile food dispensing vehicle or hot dog cart, vending machine, theme park cart, culinary education program and temporary food service event. Applications are made online, and each type has its own guide on the Division's site. A restaurant with a dining room applies for the seating type, while a takeout-only counter uses the non-seating one.

The statute defines a public food service establishment broadly: any building, vehicle, place or structure where food is prepared, served or sold for immediate consumption on or near the premises, or taken out by customers, or prepared before delivery to another location. Some places are excluded, such as certain school cafeterias and nonprofit club kitchens.

How often will an inspector visit?

Section 509.032 directs the Division to adopt a risk-based rule requiring at least one but not more than four routine inspections each year. The Division may consider your inspection and compliance history, the type of food, how it is prepared and the type of service. It reassesses each establishment's frequency at least annually, and it can inspect at other times for public health reasons, including in response to a complaint or an illness.

Inspectors may enter at any reasonable time, so assume any hour you are open is an inspection hour.

What does an inspector look for?

The inspection applies the 2017 FDA Food Code. In general that means temperature control, handwashing facilities and practice, cross-contamination, cleaning and sanitizing, pest control and employee health. Review the Division's page on the major changes from the Food Code before your first inspection, and run your own walk-through with the same list each month.

How can customers see your record?

The Division's Online Inspection Search lets anyone look up inspection results, and anyone can file a complaint online. Look yourself up regularly, as a customer or a reviewer might. If a result is wrong, ask the Division how to raise it.

What happens when a violation is found?

The statute lets the Division stop the sale of, and supervise the destruction of, food that threatens public safety, and it requires an inspection when an emergency or epidemiological condition demands one. If a health authority tells you that food from your kitchen may have contributed to illness, you must keep that food in safe storage until the authority acts on it. Do not discard evidence.

How do you prepare?

1. Keep the license current and displayed where the Division requires.
2. Keep training and manager certificates on file.
3. Check temperatures and log them, with the thermometer calibrated.
4. Stock sanitizer test strips and use them.
5. Keep handwashing sinks clear and stocked.
6. Label and date prepared food.

Who regulates menu nutrition claims?

Section 509.032 preempts regulation of public food service establishments to the state, including matters related to the nutritional content and marketing of foods. A city cannot add its own calorie rule on top, which the guide on menu calorie labeling explains.

What if you disagree with a finding?

Ask the inspector to explain the code section, correct what you can on the spot and note the correction. If you believe a finding is wrong, ask the Division about its review process and do it in writing.

What does a mock inspection involve?

Once a month, have a manager walk the kitchen with a printed checklist as if they were the inspector. Start at the back door and follow the food: receiving, cold storage, prep, cooking, hot holding, service and dish area. Check each thermometer, test the sanitizer concentration, look under the line equipment and inside the walk-in, and wash your hands at the handsink to see that it works. Write down what you find and who will fix it by when. A mock inspection that turns up the same problem three months in a row shows a training or equipment issue, not a one-off lapse.

How should you treat the first inspection?

Be present, be polite and take notes. Ask the inspector to explain anything unclear, and ask how a violation can be corrected. Fix what you can while the inspector is still there, because a corrected item is easier to explain than an open one. Afterward, brief the team on what was found, and post the lessons in the back of house. An open, steady approach with the inspector is better than argument over a single item.

More guides for your business:

• Florida food handler training and food manager certification
• Florida food truck license and local rules
• Florida dogs on restaurant patios law

More in the US guides for food businesses.