Opening a Food Service Business

If you are opening a food service establishment, see additional information below for the type of establishment you plan to open.

The Department of Business and Professional Regulation (DBPR) regulates:

• Restaurants
• Mobile food vehicles
• Caterers
• Public food service events

You can reach their Customer Contact Center by calling 850-487-1395 or file a complaint about a restaurant or another type of DBPR food facility online at DBPR Online Complaints.

The Department of Agriculture and Consumer Services (DACS) generally regulates:

• Whole-sale food operations
• Convenience stores
• Grocery stores
• Food processing operations
• Food storage/warehouse operations
• Non-alcoholic beverage operations (such as juice or smoothie bars and coffee houses)

DOH Food Safety and Sanitation Program

The Florida Department of Health (DOH) works with food service establishments as defined by Section 381.0072, Florida Statutes to help ensure their products are not a source of foodborne illness. Generally, this includes food service operations located in institutional settings (such as schools, assisted living facilities, detention facilities, adult day cares, etc.), civic and fraternal organizations, bars and lounges that don't prepare foods, and theaters that limit their food service to items customarily served at theaters (such as beverages, popcorn, hot dogs, and nachos). The codes and standards for food service establishments are found in Chapter 64E-11, Florida Administrative Code.

The DOH's Food Hygiene Inspection Program is risk-based. This means that those facilities that pose a greater risk to the public becoming sick from consuming their product are inspected more often than those that pose a lesser risk. The amount of risk is determined by risk factors. These risk factors include the types of food served, the amount of preparation that is required, the population that is served, and the quantity of food that is prepared. High risk facilities are inspected quarterly, which means 4 times per year (or 3 times for schools that close for summer vacation). Moderate risk facilities are inspected semiannually, which means 2 times per year. Low risk facilities are inspected once per year.

Here are some examples: 

Food Safety and Sanitation Resources

• Rule Changes at a Glance
• Chapter 64E-11, Florida Administrative Code
• Section 381.0072, Florida Statutes
• 2013 Food and Drug Administration (FDA) Food Code

Food Safety and Sanitation Program Forms

• Florida Department of Health Food Service Facility Application
• Florida Department of Health Food Service Facility Plan Review Application
• Florida Department of Health Temporary Food Service Event Application
• Time as a Public Health Control Guidance