| 1 | A bill to be entitled |
| 2 | An act relating to the Department of Health; amending s. |
| 3 | 381.0072, F.S.; redefining the term "food service |
| 4 | establishment" to include child care facilities; placing |
| 5 | the regulation of such facilities under the jurisdiction |
| 6 | of the department; requiring that the department consult |
| 7 | with specified agencies and not duplicate areas of |
| 8 | inspection executed by such agencies; providing an |
| 9 | effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Paragraph (b) of subsection (1) and subsection |
| 14 | (2) of section 381.0072, Florida Statutes, are amended to read: |
| 15 | 381.0072 Food service protection.-It shall be the duty of |
| 16 | the Department of Health to adopt and enforce sanitation rules |
| 17 | consistent with law to ensure the protection of the public from |
| 18 | food-borne illness. These rules shall provide the standards and |
| 19 | requirements for the storage, preparation, serving, or display |
| 20 | of food in food service establishments as defined in this |
| 21 | section and which are not permitted or licensed under chapter |
| 22 | 500 or chapter 509. |
| 23 | (1) DEFINITIONS.-As used in this section, the term: |
| 24 | (b) "Food service establishment" means detention |
| 25 | facilities, public or private schools, migrant labor camps, |
| 26 | assisted living facilities, adult family-care homes, adult day |
| 27 | care centers, child care facilities, short-term residential |
| 28 | treatment centers, residential treatment facilities, homes for |
| 29 | special services, transitional living facilities, crisis |
| 30 | stabilization units, hospices, prescribed pediatric extended |
| 31 | care centers, intermediate care facilities for persons with |
| 32 | developmental disabilities, boarding schools, civic or fraternal |
| 33 | organizations, bars and lounges, vending machines that dispense |
| 34 | potentially hazardous foods at facilities expressly named in |
| 35 | this paragraph, and facilities used as temporary food events or |
| 36 | mobile food units at any facility expressly named in this |
| 37 | paragraph, where food is prepared and intended for individual |
| 38 | portion service, including the site at which individual portions |
| 39 | are provided, regardless of whether consumption is on or off the |
| 40 | premises and regardless of whether there is a charge for the |
| 41 | food. The term does not include any entity not expressly named |
| 42 | in this paragraph; nor does the term include a domestic violence |
| 43 | center certified and monitored by the Department of Children and |
| 44 | Family Services under part XIII of chapter 39 if the center does |
| 45 | not prepare and serve food to its residents and does not |
| 46 | advertise food or drink for public consumption. |
| 47 | (2) DUTIES.- |
| 48 | (a) The department may advise and consult with the Agency |
| 49 | for Health Care Administration, the Department of Business and |
| 50 | Professional Regulation, the Department of Agriculture and |
| 51 | Consumer Services, and the Department of Children and Family |
| 52 | Services concerning procedures related to the storage, |
| 53 | preparation, serving, or display of food at any building, |
| 54 | structure, or facility not expressly included in this section |
| 55 | that is inspected, licensed, or regulated by those agencies. |
| 56 | (b) The department shall adopt rules, including |
| 57 | definitions of terms which are consistent with law prescribing |
| 58 | minimum sanitation standards and manager certification |
| 59 | requirements as prescribed in s. 509.039, and which shall be |
| 60 | enforced in food service establishments as defined in this |
| 61 | section. The sanitation standards must address the construction, |
| 62 | operation, and maintenance of the establishment; lighting, |
| 63 | ventilation, laundry rooms, lockers, use and storage of toxic |
| 64 | materials and cleaning compounds, and first-aid supplies; plan |
| 65 | review; design, construction, installation, location, |
| 66 | maintenance, sanitation, and storage of food equipment and |
| 67 | utensils; employee training, health, hygiene, and work |
| 68 | practices; food supplies, preparation, storage, transportation, |
| 69 | and service, including access to the areas where food is stored |
| 70 | or prepared; and sanitary facilities and controls, including |
| 71 | water supply and sewage disposal; plumbing and toilet |
| 72 | facilities; garbage and refuse collection, storage, and |
| 73 | disposal; and vermin control. Public and private schools, if the |
| 74 | food service is operated by school employees, bars and lounges, |
| 75 | civic organizations, and any other facility that is not |
| 76 | regulated under this section are exempt from the rules developed |
| 77 | for manager certification. The department shall administer a |
| 78 | comprehensive inspection, monitoring, and sampling program to |
| 79 | ensure such standards are maintained. With respect to food |
| 80 | service establishments permitted or licensed under chapter 500 |
| 81 | or chapter 509, the department shall assist the Division of |
| 82 | Hotels and Restaurants of the Department of Business and |
| 83 | Professional Regulation and the Department of Agriculture and |
| 84 | Consumer Services with rulemaking by providing technical |
| 85 | information. |
| 86 | (c) The department shall carry out all provisions of this |
| 87 | chapter and all other applicable laws and rules relating to the |
| 88 | inspection or regulation of food service establishments as |
| 89 | defined in this section, for the purpose of safeguarding the |
| 90 | public's health, safety, and welfare. |
| 91 | (d) The department shall inspect each food service |
| 92 | establishment as often as necessary to ensure compliance with |
| 93 | applicable laws and rules. The department shall have the right |
| 94 | of entry and access to these food service establishments at any |
| 95 | reasonable time. In consultation with the agencies set forth in |
| 96 | paragraph (a), the department may not duplicate areas of |
| 97 | inspection that are executed by the appropriate regulatory body. |
| 98 | In inspecting food service establishments as provided under this |
| 99 | section, the department shall provide each inspected |
| 100 | establishment with the food recovery brochure developed under s. |
| 101 | 570.0725. |
| 102 | (e) The department or other appropriate regulatory entity |
| 103 | may inspect theaters exempted in subsection (1) to ensure |
| 104 | compliance with applicable laws and rules pertaining to minimum |
| 105 | sanitation standards. A fee for inspection shall be prescribed |
| 106 | by rule, but the aggregate amount charged per year per theater |
| 107 | establishment shall not exceed $300, regardless of the entity |
| 108 | providing the inspection. |
| 109 | Section 2. This act shall take effect July 1, 2011. |