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The Committee on Regulated Industries (Aronberg) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Subsections (4) and (12) of section 509.013,

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Florida Statutes, are amended, and subsections (14) through (16)

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are added to that section, to read:

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     509.013  Definitions.--As used in this chapter, the term:

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     (4)(a) "Public lodging establishment" includes a transient

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public lodging establishment as defined in subparagraph 1. and a

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nontransient public lodging establishment as defined in

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subparagraph 2. means any unit, group of units, dwelling,

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building, or group of buildings within a single complex of

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buildings, which is rented to guests more than three times in a

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calendar year for periods of less than 30 days or 1 calendar

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month, whichever is less, or which is advertised or held out to

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the public as a place regularly rented to guests.

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     1. "Transient public lodging establishment" means any

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unit, group of units, dwelling, building, or group of buildings

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within a single complex of buildings which is rented to guests

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more than three times in a calendar year for periods of less

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than 30 days or 1 calendar month, whichever is less, or which is

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advertised or held out to the public as a place regularly rented

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to guests.

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     2. "Nontransient public lodging establishment" means any

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unit, group of units, dwelling, building, or group of buildings

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within a single complex of buildings which is rented to guests

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for periods of at least 30 days or 1 calendar month, whichever

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is less, or which is advertised or held out to the public as a

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place regularly rented to guests for periods of at least 30 days

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or 1 calendar month.

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License classifications of public lodging establishments, and

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the definitions therefor, are set out in s. 509.242. For the

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purpose of licensure, the term does not include condominium

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common elements as defined in s. 718.103.

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     (b) The following are excluded from the definitions

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definition in paragraph (a):

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     1.  Any dormitory or other living or sleeping facility

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maintained by a public or private school, college, or university

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for the use of students, faculty, or visitors;

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     2.  Any hospital, nursing home, sanitarium, assisted living

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facility, or other similar place;

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     3.  Any place renting four rental units or less, unless the

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rental units are advertised or held out to the public to be

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places that are regularly rented to transients;

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     4.  Any unit or group of units in a condominium,

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cooperative, or timeshare plan and any individually or

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collectively owned one-family, two-family, three-family, or

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four-family dwelling house or dwelling unit that is rented for

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periods of at least 30 days or 1 calendar month, whichever is

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less, and that is not advertised or held out to the public as a

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place regularly rented for periods of less than 1 calendar

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month, provided that no more than four rental units within a

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single complex of buildings are available for rent;

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     5.  Any migrant labor camp or residential migrant housing

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permitted by the Department of Health; under ss. 381.008-

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381.00895; and

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     6.  Any establishment inspected by the Department of Health

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and regulated by chapter 513.

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     (12)  "Transient occupancy" means occupancy when it is the

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intention of the parties that the occupancy will be temporary.

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There is a rebuttable presumption that, when the dwelling unit

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occupied is the sole residence of the guest, the occupancy is

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nontransient. There is a rebuttable presumption that, when the

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dwelling unit occupied is not the sole residence of the guest,

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the occupancy is transient.

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     (14) "Nontransient establishment" means any public lodging

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establishment that is rented or leased to guests by an operator

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whose intention is that the dwelling unit occupied will be the

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sole residence of the guest.

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     (15) "Nontransient occupancy" means occupancy when it is

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the intention of the parties that the occupancy will not be

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temporary. There is a rebuttable presumption that when the

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dwelling unit occupied is the sole residence of the guest, the

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occupancy is nontransient.

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     (16) "Nontransient" means a guest in nontransient

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occupancy.

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     Section 2.  Paragraph (d) of subsection (2) and subsection

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(7) of section 509.032, Florida Statutes, are amended to read:

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     509.032  Duties.--

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     (2)  INSPECTION OF PREMISES.--

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     (d)  The division shall adopt and enforce sanitation rules

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consistent with law to ensure the protection of the public from

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food-borne illness in those establishments licensed under this

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chapter. These rules shall provide the standards and

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requirements for obtaining, storing, preparing, processing,

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serving, or displaying food in public food service

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establishments, approving public food service establishment

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facility plans, conducting necessary public food service

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establishment inspections for compliance with sanitation

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regulations, cooperating and coordinating with the Department of

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Health in epidemiological investigations, and initiating

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enforcement actions, and for other such responsibilities deemed

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necessary by the division. The division may not establish by

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rule any regulation governing the design, construction,

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erection, alteration, modification, repair, or demolition of any

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public lodging or public food service establishment. It is the

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intent of the Legislature to preempt that function to the

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Florida Building Commission and the State Fire Marshal through

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adoption and maintenance of the Florida Building Code and the

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Florida Fire Prevention Code. The division shall provide

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technical assistance to the commission and the State Fire

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Marshal in updating the construction standards of the Florida

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Building Code and the Florida Fire Prevention Code which govern

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public lodging and public food service establishments. Further,

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the division shall enforce the provisions of the Florida

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Building Code and the Florida Fire Prevention Code which apply

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to public lodging and public food service establishments in

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conducting any inspections authorized by this part.

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     (7)  PREEMPTION AUTHORITY.--The regulation of public

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lodging establishments and public food service establishments,

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including, but not limited to, the inspection of public lodging

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establishments and public food service establishments for

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compliance with the sanitation standards adopted under this

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section, and the regulation of food safety protection standards

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for required training and testing of food service establishment

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personnel are preempted to the state. This subsection does not

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preempt the authority of a local government or local enforcement

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district to conduct inspections of public lodging and public

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food service establishments for compliance with the Florida

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Building Code and the Florida Fire Prevention Code, pursuant to

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ss. 553.80 and 633.022.

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     Section 3.  Section 509.039, Florida Statutes, is amended

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to read:

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     509.039  Food service manager certification.--It is the

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duty of the division to adopt, by rule, food safety protection

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standards for the training and certification of all food service

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managers who are responsible for the storage, preparation,

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display, or serving of foods to the public in establishments

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regulated under this chapter. The standards adopted by the

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division shall be consistent with the Standards for

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Accreditation of Food Protection Manager Certification Programs

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adopted by the Conference for Food Protection. These standards

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are to be adopted by the division to ensure that, upon

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successfully passing a test, approved by the Conference for Food

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Protection, a manager of a food service establishment shall have

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demonstrated a knowledge of basic food protection practices. The

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division may contract with an organization offering a training

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and certification program that complies with division standards

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and results in a certification recognized by the Conference for

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Food Protection to conduct an approved test and certify all test

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results to the division. Other organizations offering programs

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that meet the same requirements may also conduct approved tests

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and certify all test results to the division. The division may

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charge the organization it contracts with a fee of not more than

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$5 per certified test to cover the administrative costs of the

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division for the food service manager training and certification

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program. All managers employed by a food service establishment

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must have passed an approved test and received a certificate

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attesting thereto. Managers have a period of 90 days after

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employment to pass the required test. The ranking of food

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service establishments is also preempted to the state; provided,

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however, that any local ordinances establishing a ranking system

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in existence prior to October 1, 1988, may remain in effect.

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     Section 4.  Subsections (1) and (2) of section 509.101,

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Florida Statutes, is amended to read:

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     509.101  Establishment rules; posting of notice; food

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service inspection report; maintenance of guest register; mobile

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food dispensing vehicle registry.--

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     (1)  Any operator of a public lodging establishment or a

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public food service establishment may establish reasonable rules

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and regulations for the management of the establishment and its

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guests and employees; and each guest or employee staying,

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sojourning, eating, or employed in the establishment shall

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conform to and abide by such rules and regulations so long as

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the guest or employee remains in or at the establishment. Such

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rules and regulations shall be deemed to be a special contract

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between the operator and each guest or employee using the

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services or facilities of the operator. Such rules and

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regulations shall control the liabilities, responsibilities, and

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obligations of all parties. Any rules or regulations established

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pursuant to this section shall be printed in the English

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language and posted in a prominent place within such public

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lodging establishment or public food service establishment. Such

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posting shall also include notice that a current copy of this

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chapter is available in the office for public review. In

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addition, any operator of a public food service establishment

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shall maintain the latest food service inspection report or a

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duplicate copy on premises and shall make it available to the

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public upon request.

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     (2)  It is the duty of each operator of a transient

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establishment to maintain at all times a register, signed by or

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for guests who occupy rental units within the establishment,

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showing the dates upon which the rental units were occupied by

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such guests and the rates charged for their occupancy. This

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register shall be maintained in chronological order and

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available for inspection by the division at any time. Operators

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need not make available registers which are more than 2 years

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old. Each operator shall maintain at all times a current copy of

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this chapter in the office of the licensed establishment which

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shall be made available to the public upon request.

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     Section 5. Section 509.201, Florida Statutes, is repealed.

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     Section 6.  Subsections (2) through (5) of section 509.211,

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Florida Statutes, are amended to read:

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     509.211  Safety regulations.--

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     (2) The division, or its agent, shall immediately notify

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the local firesafety authority or the State Fire Marshal of any

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major violation of a rule adopted under chapter 633 which

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relates to public lodging establishments or public food service

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establishments. The division may impose administrative sanctions

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for violations of these rules pursuant to s. 509.261 or may

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refer such violations to the local firesafety authorities for

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enforcement.

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     (2)(3)(a) It is unlawful for any person to use within any

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public lodging establishment or public food service

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establishment any fuel-burning wick-type equipment for space

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heating unless such equipment is vented so as to prevent the

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accumulation of toxic or injurious gases or liquids.

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     (b)  Any person who violates the provisions of paragraph

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(a) commits is guilty of a misdemeanor of the second degree,

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punishable as provided in s. 775.082 or s. 775.083.

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     (3)(4) Each public lodging establishment that is three or

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more stories in height must have safe and secure railings on all

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balconies, platforms, and stairways, and all such railings must

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be properly maintained and repaired. The division may impose

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administrative sanctions for violations of this subsection

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pursuant to s. 509.261.

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     (4)(5) Every enclosed space or room that contains a boiler

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regulated under chapter 554 which is fired by the direct

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application of energy from the combustion of fuels and that is

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located in any portion of a public lodging establishment that

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also contains sleeping rooms shall be equipped with one or more

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carbon monoxide sensor devices that bear the label of a

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nationally recognized testing laboratory and have been tested

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and listed as complying with the most recent Underwriters

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Laboratories, Inc., Standard 2034, or its equivalent, unless it

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is determined that carbon monoxide hazards have otherwise been

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adequately mitigated as determined by the division. Such devices

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shall be integrated with the public lodging establishment's fire

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detection system. Any such installation or determination shall

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be made in accordance with rules adopted by the division.

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     Section 7.  Subsections (1) and (5) and paragraph (a) of

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subsection (2) of section 509.221, Florida Statutes, are amended

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to read:

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     509.221  Sanitary regulations.--

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     (1)(a) Each public lodging establishment and each public

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food service establishment shall be supplied with potable water

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and shall provide adequate sanitary facilities for the

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accommodation of its employees and guests. Such facilities may

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include, but are not limited to, showers, handwash basins,

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toilets, and bidets. Such sanitary facilities shall be connected

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to approved plumbing. Such plumbing shall be sized, installed,

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and maintained in accordance with the Florida Building Code as

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approved by the local plumbing authority or other local

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authority having jurisdiction. Wastewater or sewage shall be

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properly treated onsite or discharged into an approved sewage

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collection and treatment system.

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     (b) Each public food service establishment shall be

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supplied with potable water and shall provide adequate sanitary

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facilities for the accommodation of its employees. Such

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facilities may include, but are not limited to, showers,

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handwash basins, toilets, and bidets. Such sanitary facilities

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shall be connected to approved plumbing. Such plumbing shall be

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sized, installed, and maintained in accordance with the Florida

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Building Code as approved by the local plumbing authority or

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other local authority having jurisdiction. Wastewater or sewage

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shall be properly treated onsite or discharged into an approved

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sewage collection and treatment system.

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     (2)(a)  Each public lodging establishment and each public

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food service establishment shall maintain not less than one

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public bathroom facilities in accordance with the Florida

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Building Code as approved by the local plumbing authority or

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other local authority having jurisdiction for each sex, properly

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designated, unless otherwise provided by rule. The division

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shall establish by rule categories of establishments not subject

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to the bathroom requirement of this paragraph. Such rules may

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not alter the exemption provided for theme parks in paragraph

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(b).

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     (5) Each transient public lodging establishment and each

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public food service establishment shall provide in the main

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public bathroom soap and clean towels or other approved hand-

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drying devices and each public lodging establishment shall

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furnish each guest with two clean individual towels so that two

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guests will not be required to use the same towel unless it has

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first been laundered. Each public food service establishment

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shall provide in the employee bathroom and any public bathroom

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soap and clean towels or other approved hand-drying devices.

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     Section 8.  Paragraphs (d) and (e) of subsection (1) of

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section 509.242, Florida Statutes, are amended to read:

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     509.242  Public lodging establishments; classifications.--

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     (1)  A public lodging establishment shall be classified as

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a hotel, motel, resort condominium, nontransient apartment,

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transient apartment, roominghouse, bed and breakfast inn, or

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resort dwelling if the establishment satisfies the following

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criteria:

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     (d) Nontransient apartment or roominghouse.--A

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nontransient apartment or roominghouse is a any apartment

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building or complex of buildings in which 75 percent or more of

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the units are available for rent to nontransient tenants.

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     (e) Transient apartment or roominghouse.--A transient

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apartment or roominghouse is a any apartment building or complex

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of buildings in which more than 25 percent of the units are

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advertised or held out to the public as available for transient

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occupancy.

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     Section 9.  Subsections (8) and (9) are added to section

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509.261, Florida Statutes, to read:

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     509.261  Revocation or suspension of licenses; fines;

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procedure.--

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     (8) The division may fine, suspend, or revoke the license

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of any public lodging establishment or public food service

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establishment when the establishment is not in compliance with

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the requirements of a final order or other administrative action

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issued against the licensee by the division.

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     (9) The division may refuse to issue or renew the license

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of any public lodging establishment or public food service

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establishment until all outstanding fines are paid in full to

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the division as required by all final orders or other

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administrative action issued against the licensee by the

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division.

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     Section 10.  This act shall take effect July 1, 2008.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to public lodging and public food service

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establishments; amending s. 509.013, F.S.; revising and

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adding definitions; amending s. 509.032, F.S.; eliminating

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the requirement for the Division of Hotels and Restaurants

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to assist the State Fire Marshal in updating the Florida

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Fire Prevention Code; eliminating the requirement for the

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division to enforce the Florida Fire Prevention Code in

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conducting its inspections; revising state preemption

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authority; amending s. 509.039, F.S.; removing a time

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limit for obtaining food service manager certification

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after employment; amending s. 509.101, F.S.; deleting the

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requirement that a transient establishment maintain a copy

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of ch. 509, F.S., on its premises; repealing s. 509.201,

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F.S., relating to public lodging establishment room rate

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posting and filing requirements, room rate advertisement

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requirements, and related exemptions and penalties;

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amending s. 509.211, F.S.; deleting requirement for

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division notification of local firesafety officials or the

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State Fire Marshal of violations of rules under ch. 633,

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F.S.; amending s. 509.221, F.S.; providing that certain

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sanitary regulations for a public lodging establishment

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for its guests and employees and for a public food service

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establishment for its employees be in compliance with the

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Florida Building Code as approved by the local authority

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having jurisdiction; providing for wastewater disposal

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procedures for public food service establishments;

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requiring public lodging establishment and public food

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service establishment public restroom requirements to be

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in accordance with the Florida Building Code as approved

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by the local authority having jurisdiction; amending s.

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509.242, F.S.; clarifying public lodging establishment

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classifications; amending s. 509.261, F.S.; authorizing

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the division to levy sanctions for failing to comply with

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final orders of the division; authorizing the division to

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require payment of outstanding fines before renewing or

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issuing a license; providing an effective date.

3/10/2008  12:38:00 PM     580-04649-08