Senate Bill 1936

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    Florida Senate - 1998                                  SB 1936

    By Senator Myers





    27-1614-98

  1                      A bill to be entitled

  2         An act relating to public food service

  3         establishment regulation; transferring certain

  4         powers, duties, functions, and assets of the

  5         Department of Business and Professional

  6         Regulation with respect to regulating public

  7         food service establishments to the Department

  8         of Health; amending s. 20.165, F.S.; renaming

  9         the Division of Hotels and Restaurants;

10         creating s. 381.0074, F.S.; providing for a

11         mobile food dispensing registry; prescribing

12         guidelines for temporary food service events;

13         creating s. 381.00742, F.S.; prescribing rights

14         of food service establishments; creating s.

15         381.00744, F.S.; providing for admission of,

16         and ejection of, undesirable guests; providing

17         rights and duties of operators and guests of

18         establishments; creating s. 381.00746, F.S.;

19         providing rules and guidelines with respect to

20         theft of property; providing penalties;

21         amending ss. 381.006, 381.0072, 381.0101,

22         399.01, 509.013, 159.27, 316.1955, 404.056,

23         500.12, 717.1355, 877.24, 509.032, 509.035,

24         509.072, 509.091, 509.092, 509.101, 509.141,

25         509.142, 509.151, 509.162, 509.191, 509.211,

26         509.2112, 509.215, 509.221, 509.241, 509.251,

27         509.261, 509.281, 509.291, 509.302, F.S., to

28         conform to the changes made by the act;

29         providing for the continued effect of rules;

30         providing for the continuation of judicial and

31         administrative proceedings; amending s.

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  1         386.205, F.S.; prohibiting smoking in public

  2         food service establishments; transferring and

  3         renumbering s. 509.213, F.S., relating to

  4         emergency first aid; transferring and

  5         renumbering s. 509.214, F.S., relating to

  6         notification of automatic gratuity charge;

  7         transferring and renumbering s. 509.232, F.S.,

  8         relating to school carnivals and fairs;

  9         transferring and renumbering s. 509.292, F.S.,

10         relating to misrepresenting food or food

11         products; repealing s. 386.203(1)(p), F. S.,

12         which provides for the inclusion of specified

13         restaurants in the definition of the term

14         "public place"; repealing s. 509.036, F.S.,

15         relating to food service inspector

16         standardization; repealing s. 509.039, F.S.,

17         relating to food service manager certification;

18         repealing s. 509.049, F.S., relating to food

19         service employee training; providing for

20         appointment of a transition advisory committee;

21         providing an effective date.

22

23  Be It Enacted by the Legislature of the State of Florida:

24

25         Section 1.  All powers, duties, functions, records,

26  personnel, property, and unexpended balances of

27  appropriations, allocations, and other funds of the Department

28  of Business and Professional Regulation relating to the public

29  food service establishment portion of the Division of Hotels

30  and Restaurants described in part I of chapter 509, Florida

31  Statutes, are transferred to the Department of Health by a

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  1  type two transfer as defined in section 20.06, Florida

  2  Statutes. The Department of Health may organize, classify, and

  3  manage the positions transferred in a manner that will reduce

  4  duplication, achieve maximum efficiency, and ensure

  5  accountability.

  6         Section 2.  Subsection (2) of section 20.165, Florida

  7  Statutes, is amended to read:

  8         20.165  Department of Business and Professional

  9  Regulation.--There is created a Department of Business and

10  Professional Regulation.

11         (2)  The following divisions of the Department of

12  Business and Professional Regulation are established:

13         (a)  Division of Administration.

14         (b)  Division of Alcoholic Beverages and Tobacco.

15         (c)  Division of Certified Public Accounting.

16         1.  The director of the division shall be appointed by

17  the secretary of the department, subject to approval by a

18  majority of the Board of Accountancy.

19         2.  The offices of the division shall be located in

20  Gainesville.

21         (d)  Division of Florida Land Sales, Condominiums, and

22  Mobile Homes.

23         (e)  Division of Public Lodging Hotels and Restaurants.

24         (f)  Division of Pari-mutuel Wagering.

25         (g)  Division of Professions.

26         (h)  Division of Real Estate.

27         1.  The director of the division shall be appointed by

28  the secretary of the department, subject to approval by a

29  majority of the Florida Real Estate Commission.

30         2.  The offices of the division shall be located in

31  Orlando.

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  1         (i)  Division of Regulation.

  2         (j)  Division of Technology, Licensure, and Testing.

  3         Section 3.  Subsection (11) of section 381.006, Florida

  4  Statutes, is amended to read:

  5         381.006  Environmental health.--The department shall

  6  conduct an environmental health program as part of fulfilling

  7  the state's public health mission. The purpose of this program

  8  is to detect and prevent disease caused by natural and manmade

  9  factors in the environment.  The environmental health program

10  shall include, but not be limited to:

11         (11)  A food service protection function as provided in

12  this chapter Mosquito and pest control functions as provided

13  in chapters 388 and 482.

14         Section 4.  Section 381.0072, Florida Statutes, is

15  amended to read:

16         381.0072  Food service protection.--It is shall be the

17  duty of the Department of Health and Rehabilitative Services

18  to adopt and enforce sanitation rules consistent with law to

19  ensure the protection of the public from food-borne illness.

20  These rules shall provide the standards and requirements for

21  the storage, preparation, packaging, serving, vending, or

22  display of food in food service establishments as defined in

23  this section and which are not permitted or licensed under

24  chapter 500 or chapter 509.

25         (1)  DEFINITIONS.--As used in this section, the term:

26         (a)  "Department" means the Department of Health and

27  Rehabilitative Services or its representative county health

28  department.

29         (b)  "Food service establishment" means any operation

30  facility, as described in this paragraph, that stores,

31  prepares, packages, serves, vends, or otherwise provides food

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  1  for human consumption where food is prepared and intended for

  2  individual portion service, and includes the site at which

  3  individual portions are provided.  The term includes any such

  4  facility regardless of whether consumption is on or off the

  5  premises and regardless of whether there is a charge for the

  6  food. The term includes detention facilities, child care

  7  facilities, schools, institutions, civic or fraternal

  8  organizations, and bars and lounges.  The term does not

  9  include private homes where food is prepared or served for

10  individual family consumption; nor does the term include

11  churches, synagogues, or other not-for-profit religious

12  organizations as long as these organizations serve only their

13  members and guests and do not advertise food or drink for

14  public consumption, nor does the term include or any operation

15  facility or establishment permitted or licensed under chapter

16  500 or chapter 509; nor does the term include operations

17  exempted by rules adopted under paragraph (2)(a) any theater,

18  if the primary use is as a theater and if patron service is

19  limited to food items customarily served to the admittees of

20  theaters.

21         (c)  "Operator" means the owner, operator, keeper,

22  proprietor, lessee, manager, assistant manager, agent, or

23  employee of a food service establishment.

24         (2)  DUTIES.--

25         (a)  The department shall adopt rules consistent with

26  law prescribing minimum sanitation standards and manager

27  certification requirements as prescribed in this section s.

28  509.039, which shall be enforced in food service

29  establishments as defined in this section. The sanitation

30  standards must address, but are not limited to, the following:

31  construction, operation, and maintenance of establishments;

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  1  plan review; design, construction, installation, and

  2  maintenance of food equipment; employee training, health,

  3  hygiene, and work practices; food supplies, food preparation,

  4  food storage and service; and sanitary facilities and

  5  controls, including water supply and sewage disposal,

  6  plumbing, toilet facilities, garbage and refuse, and vermin

  7  control.  Public and private schools, hospitals licensed under

  8  chapter 395, nursing homes licensed under part II of chapter

  9  400, child care facilities as defined in s. 402.301, and

10  residential facilities colocated with a nursing home or

11  hospital if all food is prepared in a central kitchen that

12  complies with nursing or hospital regulations shall be exempt

13  from the rules developed for manager certification. The

14  department shall administer a comprehensive inspection,

15  monitoring, and sampling program to ensure such standards are

16  maintained. The regulation and inspection of food service

17  establishments licensed under this section, with regard to

18  food safety protection standards and required training and

19  testing of food service establishment personnel, are preempted

20  to the state. With respect to food service establishments

21  permitted or licensed under chapter 500 or chapter 509, the

22  department shall assist the Division of Hotels and Restaurants

23  of the Department of Business and Professional Regulation and

24  the Department of Agriculture and Consumer Services with

25  rulemaking by providing technical information.

26         (b)  The department shall carry out all provisions of

27  this chapter and all other applicable laws and rules relating

28  to the inspection or regulation of food service establishments

29  as defined in this section, for the purpose of safeguarding

30  the public's health, safety, and welfare.

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  1         (c)  The department shall inspect each food service

  2  establishment as often as necessary to ensure compliance with

  3  applicable laws and rules. The department shall have the right

  4  of entry and access to these food service establishments at

  5  any reasonable time.

  6         (d)  The department or other appropriate regulatory

  7  entity may inspect theaters exempted in subsection (1) to

  8  ensure compliance with applicable laws and rules pertaining to

  9  minimum sanitation standards.  A fee for inspection shall be

10  prescribed by rule, but the aggregate amount charged per year

11  per theater establishment shall not exceed $300, regardless of

12  the entity providing the inspection.

13         (3)  LICENSES REQUIRED.--

14         (a)  Licenses; annual renewals.--Each food service

15  establishment regulated under this section shall obtain a

16  license from the department annually. Food service

17  establishment licenses shall expire annually and shall not be

18  transferable from one place or individual to another. However,

19  those facilities licensed by the department's Office of

20  Licensure and Certification, the Children and Families Program

21  Office, or the Developmental Services Program Office are

22  exempt from this subsection.  It is shall be a misdemeanor of

23  the second degree, punishable as provided in s. 381.0061, s.

24  775.082, or s. 775.083, for such an establishment to operate

25  without this license.  The department may refuse a license, or

26  a renewal thereof, to any establishment that is not

27  constructed or maintained in accordance with law and with the

28  rules of the department.  Annual application for renewal shall

29  not be required, provided the information of record was not

30  changed.

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  1         (b)  Application for license.--Each person who plans to

  2  open a food service establishment not regulated under chapter

  3  500 or chapter 509 shall apply for and receive a license prior

  4  to the commencement of operation.

  5         (c)  Display of license.--A food service establishment

  6  that offers catering services must display its license number

  7  on all advertising for catering services.

  8         (4)  LICENSE; INSPECTION; FEES.--

  9         (a)  The department is authorized to collect fees from

10  establishments licensed under this section and from those

11  facilities exempted from licensure under paragraph (3)(a).  It

12  is the intent of the Legislature that the total fees assessed

13  under this section be in an amount sufficient to meet the cost

14  of carrying out the provisions of this section, including the

15  cost of inspector standardization.

16         (b)  The fee schedule for food service establishments

17  licensed under this section shall be prescribed by rule, but

18  the aggregate license fee per establishment shall not exceed

19  $300.

20         (c)  The license fees shall be prorated on a quarterly

21  basis. Annual licenses shall be renewed as prescribed by rule.

22         (d)  The fact that a food service establishment is

23  operated in conjunction with a public lodging establishment

24  does not relieve the food service establishment of the

25  requirement that it be licensed separately as a food service

26  establishment.

27         (5)  FINES; SUSPENSION OR REVOCATION OF LICENSES;

28  PROCEDURE.--

29         (a)  The department may impose fines against the

30  establishment or operator regulated under this section for

31  violations of sanitary standards, in accordance with s.

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  1  381.0061. All amounts collected shall be deposited to the

  2  credit of the County Health Department Trust Fund administered

  3  by the department.

  4         (b)  The department may suspend or revoke the license

  5  of any food service establishment licensed under this section

  6  that has operated or is operating in violation of any of the

  7  provisions of this section or the rules adopted under this

  8  section.  Such food service establishment shall remain closed

  9  when its license is suspended or revoked.

10         (c)  The department may suspend or revoke the license

11  of any food service establishment licensed under this section

12  when such establishment has been deemed by the department to

13  be an imminent danger to the public's health for failure to

14  meet sanitation standards or other applicable regulatory

15  standards.

16         (d)  No license shall be suspended under this section

17  for a period of more than 12 months.  At the end of such

18  period of suspension, the establishment may apply for

19  reinstatement or renewal of the license.  A food service

20  establishment which has had its license revoked may not apply

21  for another license for that location prior to the date on

22  which the revoked license would have expired.

23

24  In addition to any other penalty that may be imposed for a

25  violation of this subsection, the operator of a food service

26  establishment may be required to attend and complete a

27  department-sponsored or approved food-safety course.

28         (6)  IMMINENT DANGERS; STOP-SALE ORDERS.--

29         (a)  In the course of epidemiological investigations or

30  for those establishments regulated under this chapter, the

31  department, to protect the public from food that is

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  1  unwholesome or otherwise unfit for human consumption, may

  2  examine, sample, seize, and stop the sale or use of food to

  3  determine its condition.  The department may stop the sale and

  4  supervise the proper destruction of food when the State Health

  5  Officer or his or her designee determines that such food

  6  represents a threat to the public health. If the operator of a

  7  food service establishment licensed under this chapter has

  8  received official notification from a health authority that a

  9  food or food product from that establishment has potentially

10  contributed to any instance or outbreak of food-borne illness,

11  the food or food product must be maintained in safe storage in

12  the establishment until the responsible health authority has

13  examined, sampled, seized, or requested destruction of the

14  food or food product.

15         (b)  The department may determine that a food service

16  establishment regulated under this section is an imminent

17  danger to the public health and require its immediate closure

18  when such establishment fails to comply with applicable

19  sanitary and safety standards or due to natural disasters and,

20  because of such failure, presents an imminent threat to the

21  public's health, safety, and welfare.  The department may

22  accept inspection results from state and local building and

23  firesafety officials and other regulatory agencies as

24  justification for such actions.  Any facility so deemed and

25  closed shall remain closed until allowed by the department or

26  by judicial order to reopen.

27         (c)  Upon such determination, the department shall

28  issue a notice to show cause and an emergency order of

29  suspension.  Such order shall be served upon the food service

30  establishment by the department, and the establishment shall

31  be closed.  An operator who resists such closure is subject to

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  1  further administrative action by the department and is

  2  punishable as provided in s. 381.0061.  The department shall

  3  provide an inspection within 24 hours following such closure

  4  and shall review all relevant information to determine whether

  5  the establishment has met the requirements to resume

  6  operations.

  7         (d)  The department may attach a sign that states

  8  "Closed to Protect Public Health and Safety" to such an

  9  establishment and may require the licensee to immediately stop

10  service until notification to the contrary is provided by the

11  department.

12         (e)  The department may further adopt rules for issuing

13  emergency orders after business hours and on weekends and

14  holidays in order to ensure the timely closure of an

15  establishment under this section.

16         (7)  MISREPRESENTING FOOD OR FOOD PRODUCTS.--No

17  operator of any food service establishment regulated under

18  this section shall knowingly and willfully misrepresent the

19  identity of any food or food product to any of the patrons of

20  such establishment.  Food used by food service establishments

21  shall be identified, labeled, and advertised in accordance

22  with the provisions of chapter 500.

23         (8)  FOOD SERVICE MANAGER CERTIFICATION; FOOD SERVICE

24  EMPLOYEE TRAINING.--

25         (a)  The department shall adopt, by rule, food safety

26  protection standards for the training and certification of all

27  food service managers who are responsible for the storage,

28  preparation, display, or serving of foods to the public in

29  establishments regulated under this section.  These standards

30  are to be adopted by the department to ensure that, upon

31  successfully passing a test, a manager of a food service

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  1  establishment has demonstrated a knowledge of basic food

  2  protection practices. These standards must also provide for a

  3  certification program that authorizes private or public

  4  agencies to conduct an approved test and certify the results

  5  of those tests to the department.  The fee for the test may

  6  not exceed $50.  All managers employed by a food service

  7  establishment must have passed this test and received a

  8  certificate attesting thereto.  Managers have a period of 90

  9  days after employment to pass the required test.

10         (b)  The department shall adopt, by rule, minimum food

11  safety protection standards for the training of all food

12  service employees who are responsible for the storage,

13  preparation, display, or serving of foods to the public in

14  establishments regulated under this section.  These standards

15  shall not include an examination or certification.  It shall

16  be the duty of the licensee of the food service establishment

17  to provide training in accordance with the described rule to

18  all employees under the licensee's supervision or control.

19  The licensee may designate a certified food service manager to

20  perform this function as an agent of the licensee.

21         (9)  FOOD SERVICE ESTABLISHMENT RANKING.--The ranking

22  of food service establishments is preempted to the state;

23  however, any local ordinance establishing a ranking system in

24  existence before October 1, 1988, may remain in effect.

25         (10)  FOOD SERVICES STANDARDS ADVISORY COUNCIL.--

26         (a)  The Food Services Standards Advisory Council,

27  hereafter known as the "council," consisting of nine members,

28  is created to assist the department with the implementation of

29  this section, including food service inspector standardization

30  and food service manager certification. The council shall also

31  serve as the review board for the variance process described

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  1  in this section. The State Health Officer shall appoint the

  2  members of the council, as follows:

  3         1.  The state epidemiologist or his or her designee.

  4         2.  Two county health department representatives.

  5         3.  Four food service industry representatives.

  6         4.  One consumer representative not affiliated with the

  7  food service industry.

  8         5.  One representative of the State Health Office.

  9         (b)  Members shall be appointed for a 4-year term and

10  may be reappointed to one additional term.

11         (c)  The council may elect one member to serve as

12  chairperson and one member to serve as vice chairperson. The

13  term of office for chairperson and vice chairperson shall be

14  for 2 years.

15         (d)  The purpose of the council is to promote better

16  relations, understanding, and cooperation between the industry

17  and the department; to suggest improved means of protecting

18  the health of persons being served; to give the department the

19  benefit of its knowledge and experience concerning how

20  applicable laws and rules affect the industry; to promote and

21  coordinate educational and certification efforts aimed at

22  improving food protection and preventing food-borne illness;

23  and to review variance requests submitted to the department.

24         (e)  The council shall meet at least quarterly, or upon

25  the call of the Secretary of Health, for the purpose of

26  reviewing food standards and making recommendations to the

27  department for rule or statutory amendments, and for reviewing

28  variance requests as described in subsection (11). The

29  department shall provide administrative and clerical support

30  services for the council.

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  1         (f)  The members of the council shall serve without

  2  compensation, but shall be entitled to receive reimbursement

  3  for per diem and travel expenses pursuant to s. 112.061.

  4         (11)  FACILITY PLAN REVIEWS; VARIANCES.--

  5         (a)  The department may establish, by rule, the process

  6  for and fees to support conducting facility plan reviews.

  7         (b)1.  The department may grant variances from

  8  construction standards in hardship cases, which variances may

  9  be less restrictive than the provisions specified in this

10  section or by rules adopted under this section. A variance may

11  not be granted pursuant to this section until the department

12  is satisfied that:

13         a.  The variance shall not adversely affect the health

14  of the public.

15         b.  No reasonable alternative exists for the required

16  construction.

17         c.  The hardship was not caused intentionally by the

18  action of the applicant.

19         2.  The Food Services Standards Advisory Council shall

20  review applications for variances and recommend agency action

21  at their quarterly meetings. The department shall make

22  arrangements to expedite emergency requests for variances, to

23  ensure that such requests are acted upon within 30 days of

24  receipt.

25         3.  The department shall establish by rule a fee for

26  the cost of the variance process. Such fee may not exceed $150

27  for routine variance requests and $300 for emergency variance

28  requests.

29         (12)  FOOD SERVICE INSPECTION REPORT.--The operator of

30  a food service establishment must maintain the latest food

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  1  service inspection report or a duplicate copy on the premises

  2  and make the report available to the public upon request.

  3         Section 5.  Section 381.0074, Florida Statutes, is

  4  created to read:

  5         381.0074  Mobile food dispensing vehicle registry;

  6  temporary food service events.--

  7         (1)  It is the duty of each operator of a food service

  8  establishment that provides commissary services to maintain a

  9  daily registry verifying that each mobile food dispensing

10  vehicle that receives such services is properly licensed by

11  the department.  In order that such licensure may be readily

12  verified, each mobile food dispensing vehicle operator shall

13  permanently affix in a prominent place on the side of the

14  vehicle, in figures at least 2 inches high and in contrasting

15  colors from the background, the operator's food service

16  establishment license number.  Before providing commissary

17  services, each food service establishment must verify that the

18  license number displayed on the vehicle matches the number on

19  the vehicle operator's food service establishment license.

20         (2)  TEMPORARY FOOD SERVICE EVENTS.--

21         (a)  The term "temporary food service event" means any

22  event of 30 days or less in duration at which food is

23  prepared, served, or sold to the public.

24         (b)  The department shall administer a public

25  notification process for temporary food service events and

26  distribute educational materials that address safe food

27  storage, preparation, and service procedures.

28         1.  Sponsors of temporary food service events shall

29  notify the department not less than 3 days prior to the

30  scheduled event of the type of food service proposed, the time

31  and location of the event, a complete list of food service

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  1  vendor owners and operators participating in each event, and

  2  the current license numbers of all food service establishments

  3  participating in each event. Notification may be completed

  4  orally, by telephone, in person, or in writing.  A food

  5  service establishment or food service vendor may not use this

  6  notification process to circumvent the license requirements of

  7  this chapter.

  8         2.  The department shall keep a record of all

  9  notifications received for proposed temporary food service

10  events and shall provide appropriate educational materials to

11  the event sponsors.

12         3.a.  A food service establishment or other food vendor

13  must obtain a license from the department for each temporary

14  food service event in which it participates.

15         b.  A food service establishment holding a current

16  license from the department may operate under the regulations

17  of such a license at temporary food service events of 3 days

18  or less in duration.

19         Section 6.  Section 381.00742, Florida Statutes, is

20  created to read:

21         381.00742  Food service establishments; rights as

22  private enterprises; rules and notices.--

23         (1)  Food service establishments are private

24  enterprises, and the operator has the right to refuse

25  accommodations or service to any person who is objectionable

26  or undesirable to the operator, but such refusal may not be

27  based upon race, creed, color, sex, physical disability, or

28  national origin.  A person aggrieved by a violation of this

29  section or a violation of a rule adopted under this section

30  has a right of action pursuant to s. 760.11.

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  1         (2)  Any operator of a food service establishment may

  2  establish reasonable rules for the management of the

  3  establishment and its guests and employees; and each guest or

  4  employee sojourning, eating, or employed in the establishment

  5  must conform to and abide by such rules so long as the guest

  6  or employee remains in or at the establishment.  Such rules

  7  shall be deemed to be a special contract between the operator

  8  and each guest or employee using the services or facilities of

  9  the operator.  Such rules shall control the liabilities,

10  responsibilities, and obligations of all parties.  Any rules

11  established pursuant to this subsection must be printed in the

12  English language and posted in a prominent place within the

13  food service establishment.  Such posting shall also include

14  notice that a current copy of this chapter is available in the

15  office for public review.

16         Section 7.  Section 381.00744, Florida Statutes, is

17  created to read:

18         381.00744  Admission and ejection of undesirable

19  guests; process; conduct; defrauding; penalties; property.--

20         (1)  The operator of any food service establishment may

21  remove or cause to be removed from such establishment, in the

22  manner provided in this section, any guest of the

23  establishment who, while on the premises of the establishment,

24  illegally possesses or deals in controlled substances as

25  defined in chapter 893 or is intoxicated, profane, lewd, or

26  brawling; who indulges in any language or conduct which

27  disturbs the peace and comfort of other guests or which

28  injures the reputation, dignity, or standing of the

29  establishment; who fails to make payment for food, beverages,

30  or services; or who, in the opinion of the operator, is a

31  person the continued entertainment of whom would be

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  1  detrimental to the establishment.  The admission to, or the

  2  removal from, such establishment may not be based upon race,

  3  creed, color, sex, physical disability, or national origin.

  4         (2)  The operator of the food service establishment

  5  shall notify such guest that the establishment no longer

  6  desires to entertain the guest and shall request that such

  7  guest immediately depart from the establishment. Such notice

  8  may be given orally or in writing.  If the notice is in

  9  writing, it shall be as follows:

10         "You are hereby notified that this establishment no

11  longer desires to entertain you as its guest, and you are

12  requested to leave at once.  To remain after receipt of this

13  notice is a misdemeanor under the laws of this state."

14

15  If such guest has paid in advance, the establishment shall, at

16  the time such notice is given, tender to such guest the unused

17  portion of the advance payment.

18         (3)  Any guest who remains or attempts to remain in any

19  such establishment after being requested to leave is guilty of

20  a misdemeanor of the second degree, punishable as provided in

21  s. 775.082 or s. 775.083.

22         (4)  If any person is illegally on the premises of any

23  food service establishment, the operator of such establishment

24  may call upon any law enforcement officer of this state for

25  assistance.  It is the duty of such law enforcement officer,

26  upon the request of such operator, to place under arrest and

27  take into custody for violation of this section any guest who

28  violates subsection (3) in the presence of the officer.  If a

29  warrant has been issued by the proper judicial officer for the

30  arrest of any violator of subsection (3), the officer shall

31  serve the warrant, arrest the person, and take the person into

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  1  custody.  Upon arrest, with or without warrant, the guest will

  2  be deemed to have given up any right to use or to have

  3  abandoned such right of use of the premises, and the operator

  4  of the establishment may then make such premises available to

  5  other guests.  However, the operator of the establishment

  6  shall employ all reasonable and proper means to care for any

  7  personal property that may be left on the premises by such

  8  guest and shall refund any unused portion of moneys paid by

  9  such guest for the use of such premises.

10         (5)  The operator of a food service establishment may

11  refuse accommodations or service to any person whose conduct

12  on the premises of the establishment displays intoxication,

13  profanity, lewdness, or brawling; who indulges in language or

14  conduct such as to disturb the peace or comfort of other

15  guests; who engages in illegal or disorderly conduct; who

16  illegally possesses or deals in controlled substances as

17  defined in chapter 893; or whose conduct constitutes a

18  nuisance. Such refusal may not be based upon race, creed,

19  color, sex, physical disability, or national origin.

20         (6)  An operator may take a person into custody and

21  detain that person in a reasonable manner and for a reasonable

22  time if the operator has probable cause to believe that the

23  person was engaging in disorderly conduct in violation of s.

24  877.03 on the premises of the licensed establishment and that

25  such conduct was creating a threat to the life or safety of

26  the person or others. The operator shall call a law

27  enforcement officer to the scene immediately after detaining a

28  person under this subsection.

29         (7)  A law enforcement officer may arrest, either on or

30  off the premises of the licensed establishment and without a

31  warrant, any person the officer has probable cause to believe

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  1  violated s. 877.03 on the premises of a licensed establishment

  2  and, in the course of such violation, created a threat to the

  3  life or safety of the person or others.

  4         (8)  An operator or a law enforcement officer who

  5  detains a person under subsection (6) or makes an arrest under

  6  subsection (7) is not civilly or criminally liable for false

  7  arrest, false imprisonment, or unlawful detention on the basis

  8  of any action taken in compliance with subsection (6) or

  9  subsection (7).

10         (9)  A person who resists the reasonable efforts of an

11  operator or a law enforcement officer to detain or arrest that

12  person in accordance with this section is guilty of a

13  misdemeanor of the first degree, punishable as provided in s.

14  775.082 or s. 775.083, unless the person did not know or did

15  not have reason to know that the person seeking to make such

16  detention or arrest was the operator of the establishment or a

17  law enforcement officer.

18         (10)  Any person who obtains food or other

19  accommodations having a value of less than $300 at any food

20  service establishment with intent to defraud the operator

21  thereof is guilty of a misdemeanor of the second degree,

22  punishable as provided in s. 775.082 or s. 775.083; if such

23  food or other accommodations have a value of $300 or more,

24  such person is guilty of a felony of the third degree,

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

26  775.084.

27         (11)  The operator of a food service establishment is

28  not under any obligation to accept for safekeeping any moneys,

29  securities, jewelry, precious stones, wearing apparel, goods,

30  or other property of any kind belonging to any guest, and, if

31  such are accepted for safekeeping, the operator is not liable

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  1  for the loss thereof unless such loss was the proximate result

  2  of fault or negligence of the operator.  However, the

  3  liability of the operator shall be limited to $1,000 for such

  4  loss, if the food service establishment gave a receipt for the

  5  property (stating the value) on a form which stated, in type

  6  large enough to be clearly noticeable, that the food service

  7  establishment was not liable for any loss exceeding $1,000 and

  8  was only liable for that amount if the loss was the proximate

  9  result of fault or negligence of the operator.

10         (12)  Any property with an identifiable owner which is

11  left in a food service establishment, other than property

12  belonging to a guest who has vacated the premises without

13  notice to the operator and with an outstanding account, which

14  property remains unclaimed after being held by the

15  establishment for 90 days after written notice to the guest or

16  owner of the property, shall become the property of the

17  establishment. Property without an identifiable owner which is

18  found in a food service establishment is subject to the

19  provisions of chapter 705.

20         Section 8.  Section 381.00746, Florida Statutes, is

21  created to read:

22         381.00746  Rules of evidence in prosecutions; theft of

23  personal property; process; penalties.--

24         (1)  In prosecutions under s. 381.00744, proof that

25  food or other accommodations were obtained by false pretense;

26  by false or fictitious show of property; by absconding without

27  paying or offering to pay for such food or accommodations; or

28  by surreptitiously removing or attempting to remove personal

29  belongings shall constitute prima facie evidence of fraudulent

30  intent.  If the operator of the establishment has probable

31  cause to believe, and does believe, that any person has

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  1  obtained food or other accommodations at such establishment

  2  with intent to defraud the operator thereof, the failure to

  3  make payment upon demand therefor, there being no dispute as

  4  to the amount owed, shall constitute prima facie evidence of

  5  fraudulent intent in such prosecutions.

  6         (2)  Any law enforcement officer or operator of a food

  7  service establishment who has probable cause to believe that

  8  theft of personal property belonging to such establishment has

  9  been committed by a person and that the officer or operator

10  can recover such property or the reasonable value thereof by

11  taking the person into custody may, for the purpose of

12  attempting to effect such recovery or for prosecution, take

13  such person into custody on the premises and detain such

14  person in a reasonable manner and for a reasonable period of

15  time.  If the operator takes the person into custody, a law

16  enforcement officer shall be called to the scene immediately.

17  The taking into custody and detention by a law enforcement

18  officer or operator of a food service establishment, if done

19  in compliance with this subsection, does not render such law

20  enforcement officer or operator criminally or civilly liable

21  for false arrest, false imprisonment, or unlawful detention.

22         (3)  Any law enforcement officer may arrest, either on

23  or off the premises and without warrant, any person if there

24  is probable cause to believe that person has committed theft

25  in a food service establishment.

26         (4)  Any person who resists the reasonable effort of a

27  law enforcement officer or operator of a food service

28  establishment to recover property which the law enforcement

29  officer or operator had probable cause to believe had been

30  stolen from the food service establishment, and who is

31  subsequently found to be guilty of theft of the subject

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  1  property, is guilty of a misdemeanor of the first degree,

  2  punishable as provided in s. 775.082 or s. 775.083, unless

  3  such person did not know, or did not have reason to know, that

  4  the person seeking to recover the property was a law

  5  enforcement officer or the operator. For purposes of this

  6  section, the charge of theft and the charge of resisting

  7  apprehension may be tried concurrently.

  8         (5)  Theft of any property belonging to a guest of a

  9  food service establishment, or of property belonging to such

10  establishment, by an employee of the establishment or by an

11  employee of a person, firm, or entity which has contracted to

12  provide services to the establishment constitutes a felony of

13  the third degree, punishable as provided in s. 775.082 or s.

14  775.083.

15         Section 9.  Section 381.0101, Florida Statutes, is

16  amended to read:

17         381.0101  Environmental health professionals.--

18         (1)  LEGISLATIVE INTENT.--Persons responsible for

19  providing technical and scientific evaluations of

20  environmental health and sanitary conditions in business

21  establishments and communities throughout the state may create

22  a danger to the public health if they are not skilled or

23  competent to perform such evaluations. The public relies on

24  the judgment of environmental health professionals employed by

25  both government agencies and industries to assure them that

26  environmental hazards are identified and removed before they

27  endanger the health or safety of the public. The purpose of

28  this section is to assure the public that persons specifically

29  responsible for performing environmental health and sanitary

30  evaluations have been certified by examination as competent to

31  perform such work.

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  1         (2)  DEFINITIONS.--As used in this section:

  2         (a)  "Board" means the Environmental Health

  3  Professionals Advisory Board.

  4         (b)  "Department" means the Department of Health.

  5         (c)  "Environmental health" means that segment of

  6  public health work which deals with the examination of those

  7  factors in the human environment which may impact adversely on

  8  the health status of an individual or the public.

  9         (d)  "Environmental health professional" means a person

10  who is employed or assigned the responsibility for assessing

11  the environmental health or sanitary conditions within a

12  building, on an individual's property, or within the community

13  at large, and who has the knowledge, skills, and abilities to

14  carry out these tasks.

15         (e)  "Certified" means a person who has displayed

16  competency to perform evaluations of environmental or sanitary

17  conditions through examination.

18         (f)  "Registered sanitarian" or "R.S."  means a person

19  who has been certified by either the National Environmental

20  Health Association or the Florida Environmental Health

21  Association as knowledgeable in the environmental health

22  profession.

23         (g)  "Primary environmental health program" means those

24  programs determined by the department to be essential for

25  providing basic environmental and sanitary protection to the

26  public.  At a minimum, these programs shall include food

27  hygiene evaluations and onsite sewage treatment and disposal

28  system evaluations.

29         (3)  CERTIFICATION REQUIRED.--No person shall perform

30  environmental health or sanitary evaluations in any primary

31  program area of environmental health without being certified

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  1  by the department as competent to perform such evaluations.

  2  The requirements of this section shall not be mandatory for

  3  persons performing inspections of public food service

  4  establishments licensed under chapter 509.

  5         (4)  ENVIRONMENTAL HEALTH PROFESSIONALS ADVISORY

  6  BOARD.--The State Health Officer shall appoint an advisory

  7  board to assist the department in the adoption promulgation of

  8  rules for certification, testing, establishing standards,

  9  including establishing requirements for field standardizing of

10  environmental health professionals, and seeking enforcement

11  actions against certified professionals.

12         (a)  The board shall be comprised of the Division

13  Director for Environmental Health or his or her designee, one

14  individual who will be certified under this section, one

15  individual not employed in a governmental capacity who will or

16  does employ a certified environmental health professional, one

17  individual whose business is or will be evaluated by a

18  certified environmental health professional, a citizen of the

19  state who neither employs nor is routinely evaluated by a

20  person certified under this section.

21         (b)  The board shall advise the department as to the

22  minimum standards of competency and proficiency necessary to

23  obtain certification in a primary area of environmental health

24  practice.

25         1.  The board shall recommend primary areas of

26  environmental health practice in which environmental health

27  professionals should be required to obtain certification.

28         2.  The board shall recommend minimum standards of

29  practice which the department shall incorporate into rule.

30         3.  The board shall evaluate and recommend to the

31  department existing registrations and certifications which

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  1  meet or exceed minimum department standards and should,

  2  therefore, exempt holders of such certificates or

  3  registrations from compliance with this section.

  4         4.  The board shall hear appeals of certificate

  5  denials, revocation, or suspension and shall advise the

  6  department as to the disposition of such an appeal.

  7         5.  The board shall meet as often as necessary, but no

  8  less than semiannually, handle appeals to the department, and

  9  conduct other duties of the board.

10         6.  Members of the board shall receive no compensation

11  but shall be reimbursed for per diem and travel expenses in

12  accordance with s. 112.061.

13         (5)  STANDARDS FOR CERTIFICATION.--The department shall

14  adopt rules that establish minimum standards of education,

15  training, or experience for those persons subject to this

16  section. The rules shall also address ethical standards of

17  practice for the profession.

18         (a)  Persons employed as environmental health

19  professionals shall exhibit a knowledge of rules and

20  principles of environmental and public health law in Florida

21  through examination.  No person shall conduct environmental

22  health evaluations in a primary program area unless he or she

23  is currently certified in that program area or works under the

24  direct supervision of a certified environmental health

25  professional.

26         1.  All persons who begin employment in a primary

27  environmental health program on or after September 21, 1994,

28  must be certified in that program within 6 months after

29  employment.

30         2.  Persons employed in a primary environmental health

31  program prior to September 21, 1994, shall be considered

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  1  certified while employed in that position and shall be

  2  required to adhere to any professional standards established

  3  by the department pursuant to paragraph (b); complete any

  4  continuing education requirements imposed under paragraph (d);

  5  and pay the certificate renewal fee imposed under subsection

  6  (7).

  7         3.  Persons employed in a primary environmental health

  8  program prior to September 21, 1994, who change positions or

  9  program areas and transfer into another primary environmental

10  health program area on or after September 21, 1994, must be

11  certified in that program within 6 months after employment,

12  except that they will not be required to possess the college

13  degree required under paragraph (e).

14         4.  Registered sanitarians shall be considered

15  certified and shall be required to adhere to any professional

16  standards established by the department pursuant to paragraph

17  (b).

18         (b)  At a minimum, the department shall establish

19  standards for professionals in the areas of food hygiene and

20  onsite sewage treatment and disposal.

21         (c)  Those persons conducting primary environmental

22  health evaluations shall be certified by examination to be

23  knowledgeable in any primary area of environmental health in

24  which they are routinely assigned duties.

25         (d)  Persons who are certified shall renew their

26  certification biennially by completing not less than 24

27  contact hours of continuing education for each program area in

28  which they maintain certification.

29         (e)  Applicants for certification shall have graduated

30  from an accredited 4-year college or university with major

31

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  1  coursework in environmental health, environmental science, or

  2  a physical or biological science.

  3         (6)  EXEMPTIONS.--A person who conducts primary

  4  environmental evaluation activities and maintains a current

  5  registration or certification from another state agency which

  6  examined the person's knowledge of the primary program area

  7  and requires comparable continuing education to maintain the

  8  certificate shall not be required to be certified by this

  9  section. Examples of persons not subject to certification are

10  physicians, registered dietitians, certified laboratory

11  personnel, and nurses.

12         (7)  FEES.--The department shall charge fees in amounts

13  necessary to meet the cost of providing certification. Fees

14  for certification shall be no less than $25 nor more than $300

15  and shall be set by rule. Application, examination, and

16  certification costs shall be included in this fee. Fees for

17  renewal of a certificate shall be no less than $25 nor more

18  than $150 per biennium.

19         (8)  PENALTIES.--The department may deny, suspend, or

20  revoke a certificate or impose an administrative fine of up to

21  $500 for each violation of this section or a rule adopted

22  under this section or may pursue any other enforcement action

23  authorized by law.  Any person who has had a certificate

24  revoked may not conduct environmental health evaluations in a

25  primary program area for a minimum of 5 years from the date of

26  revocation.

27         Section 10.  Subsection (4) of section 399.01, Florida

28  Statutes, is amended to read:

29         399.01  Definitions.--As used in this chapter, the

30  term:

31

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  1         (4)  "Division" means the Division of Public Lodging

  2  Hotels and Restaurants of the Department of Business and

  3  Professional Regulation.

  4         Section 11.  Section 509.013, Florida Statutes, is

  5  amended to read:

  6         509.013  Definitions.--As used in this chapter, the

  7  term:

  8         (1)  "Division" means the Division of Public Lodging

  9  Hotels and Restaurants of the Department of Business and

10  Professional Regulation.

11         (2)  "Operator" means the owner, licensee, proprietor,

12  lessee, manager, assistant manager, or appointed agent of a

13  public lodging establishment or public food service

14  establishment.

15         (3)  "Guest" means any patron, customer, tenant,

16  lodger, boarder, or occupant of a public lodging establishment

17  or public food service establishment.

18         (4)(a)  "Public lodging establishment" means any unit,

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

20  within a single complex of buildings, which is rented to

21  guests more than three times in a calendar year for periods of

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

23  which is advertised or held out to the public as a place

24  regularly rented to guests.  License classifications of public

25  lodging establishments, and the definitions therefor, are set

26  out in s. 509.242.  For the purpose of licensure, the term

27  does not include condominium common elements as defined in s.

28  718.103.

29         (b)  The following are excluded from the definition in

30  paragraph (a):

31

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  1         1.  Any dormitory or other living or sleeping facility

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

  3  university for the use of students, faculty, or visitors;

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

  5  living facility, or other similar place;

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

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

  8  be places that are regularly rented to transients;

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

10  cooperative, or timeshare plan and any individually or

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

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

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

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

15  a place regularly rented for periods of less than 1 calendar

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

17  single complex of buildings are available for rent;

18         5.  Any migrant labor camp or residential migrant

19  housing permitted by the Department of Health and

20  Rehabilitative Services; under ss. 381.008-381.00895; and

21         6.  Any establishment inspected by the Department of

22  Health and Rehabilitative Services and regulated by chapter

23  513.

24         (5)(a)  "Public food service establishment" means any

25  building, vehicle, place, or structure, or any room or

26  division in a building, vehicle, place, or structure where

27  food is prepared, served, or sold for immediate consumption on

28  or in the vicinity of the premises; called for or taken out by

29  customers; or prepared prior to being delivered to another

30  location for consumption.

31

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  1         (b)  The following are excluded from the definition in

  2  paragraph (a):

  3         1.  Any place maintained and operated by a public or

  4  private school, college, or university:

  5         a.  For the use of students and faculty; or

  6         b.  Temporarily to serve such events as fairs,

  7  carnivals, and athletic contests.

  8         2.  Any eating place maintained and operated by a

  9  church or a religious, nonprofit fraternal, or nonprofit civic

10  organization:

11         a.  For the use of members and associates; or

12         b.  Temporarily to serve such events as fairs,

13  carnivals, or athletic contests.

14         3.  Any eating place located on an airplane, train,

15  bus, or watercraft which is a common carrier.

16         4.  Any eating place maintained by a hospital, nursing

17  home, sanitarium, assisted living facility, adult day care

18  center, or other similar place that is regulated under s.

19  381.0072.

20         5.  Any place of business issued a permit or inspected

21  by the Department of Agriculture and Consumer Services under

22  s. 500.12.

23         6.  Any place of business where the food available for

24  consumption is limited to ice, beverages with or without

25  garnishment, popcorn, or prepackaged items sold without

26  additions or preparation.

27         7.  Any theater, if the primary use is as a theater and

28  if patron service is limited to food items customarily served

29  to the admittees of theaters.

30

31

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  1         8.  Any vending machine that dispenses any food or

  2  beverages other than potentially hazardous foods, as defined

  3  by division rule.

  4         9.  Any vending machine that dispenses potentially

  5  hazardous food and which is located in a facility regulated

  6  under s. 381.0072.

  7         10.  Any research and development test kitchen limited

  8  to the use of employees and which is not open to the general

  9  public.

10         (5)(6)  "Director" means the Director of the Division

11  of Public Lodging Hotels and Restaurants of the Department of

12  Business and Professional Regulation.

13         (6)(7)  "Single complex of buildings" means all

14  buildings or structures that are owned, managed, controlled,

15  or operated under one business name and are situated on the

16  same tract or plot of land that is not separated by a public

17  street or highway.

18         (8)  "Temporary food service event" means any event of

19  30 days or less in duration where food is prepared, served, or

20  sold to the general public.

21         (7)(9)  "Theme park or entertainment complex" means a

22  complex comprised of at least 25 contiguous acres owned and

23  controlled by the same business entity and which contains

24  permanent exhibitions and a variety of recreational activities

25  and has a minimum of 1 million visitors annually.

26         (8)(10)  "Transient establishment" means any public

27  lodging establishment that is rented or leased to guests by an

28  operator whose intention is that such guests' occupancy will

29  be temporary.

30         (9)(11)  "Transient occupancy" means occupancy when it

31  is the intention of the parties that the occupancy will be

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  1  temporary.  There is a rebuttable presumption that, when the

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

  3  occupancy is nontransient.  There is a rebuttable presumption

  4  that, when the dwelling unit occupied is not the sole

  5  residence of the guest, the occupancy is transient.

  6         (10)(12)  "Transient" means a guest in transient

  7  occupancy.

  8         Section 12.  Subsection (12) of section 159.27, Florida

  9  Statutes, is amended to read:

10         159.27  Definitions.--The following words and terms,

11  unless the context clearly indicates a different meaning,

12  shall have the following meanings:

13         (12)  "Public lodging or restaurant facility" means

14  property used for any public lodging establishment as defined

15  in s. 509.242 or public food service establishment as defined

16  in s. 381.0072 s. 509.013(5) if it is part of the complex of,

17  or necessary to, another facility qualifying under this part.

18         Section 13.  Paragraphs (b) and (c) of subsection (5),

19  subsection (6), and paragraph (b) of subsection (9) of section

20  316.1955, Florida Statutes, are amended to read:

21         316.1955  Parking spaces for persons who have

22  disabilities.--

23         (5)  Accessible perpendicular and diagonal accessible

24  parking spaces and loading zones must be designed and located

25  in conformance with the guidelines set forth in ADAAG ss.

26  4.1.2 and 4.6 and Appendix s. A4.6.3 "Universal Parking

27  Design."

28         (b)  Each space must be located on the shortest safely

29  accessible route from the parking space to an accessible

30  entrance. If there are multiple entrances or multiple retail

31  stores, the parking spaces must be dispersed to provide

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  1  parking at the nearest accessible entrance.  If a theme park

  2  or an entertainment complex as defined in s. 509.013 s.

  3  509.013(9) provides parking in several lots or areas from

  4  which access to the theme park or entertainment complex is

  5  provided, a single lot or area may be designated for parking

  6  by persons who have disabilities, if the lot or area is

  7  located on the shortest safely accessible route to an

  8  accessible entrance to the theme park or entertainment complex

  9  or to transportation to such an accessible entrance.

10         (c)  Each parking space must be no less than 12 feet

11  wide.  Parking access aisles must be no less than 5 feet wide

12  and must be part of an accessible route to the building or

13  facility entrance. The parking access aisles are reserved for

14  the use of persons who have disabled parking permits, and

15  violators are subject to the same penalties that are imposed

16  for illegally parking in parking spaces that are designated

17  for persons who have disabilities. Two accessible parking

18  spaces may share a common access aisle. The access aisle must

19  be striped diagonally to designate it as a no-parking zone.

20  Any provision of this subsection to the contrary

21  notwithstanding, a theme park or an entertainment complex as

22  defined in s. 509.013 s. 509.013(9) in which are provided

23  continuous attendant services for directing individuals to

24  marked accessible parking spaces or designated lots for

25  parking by persons who have disabilities, may, in lieu of the

26  required parking space design, provide parking spaces that

27  comply with ss. 4.1 and 4.6 of the Americans with Disabilities

28  Act Accessibility Guidelines.

29         (6)  Each such parking space must be prominently

30  outlined with blue paint, and must be repainted when

31  necessary, to be clearly distinguishable as a parking space

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  1  designated for persons who have disabilities and must be

  2  posted with a permanent above-grade sign of a color and design

  3  approved by the Department of Transportation, bearing the

  4  international symbol of accessibility meeting the requirements

  5  of ADAAG s. 4.30.7 and the caption "PARKING BY DISABLED PERMIT

  6  ONLY." Such sign erected after October 1, 1996, must indicate

  7  the penalty for illegal use of the space. Any provision of

  8  this section to the contrary notwithstanding, in a theme park

  9  or an entertainment complex as defined in s. 509.013 s.

10  509.013(9) in which accessible parking is located in

11  designated lots or areas, the signage indicating the lot as

12  reserved for accessible parking may be located at the

13  entrances to the lot in lieu of a sign at each parking place.

14  This subsection does not relieve the owner of the

15  responsibility of complying with the signage requirements of

16  ADAAG s. 4.30.

17         (9)

18         (b)  Notwithstanding paragraph (a), a theme park or an

19  entertainment complex as defined in s. 509.013 s. 509.013(9)

20  which provides parking in designated areas for persons who

21  have disabilities may allow any vehicle that is transporting a

22  person who has a disability to remain parked in a space

23  reserved for persons who have disabilities throughout the

24  period the theme park is open to the public for that day.

25         Section 14.  Subsection (6) of section 404.056, Florida

26  Statutes, is amended to read:

27         404.056  Environmental radiation standards and

28  programs; radon protection.--

29         (6)  NOTIFICATION ON REAL ESTATE DOCUMENTS.--By January

30  1, 1989, notification shall be provided on at least one

31  document, form, or application executed at the time of, or

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  1  prior to, contract for sale and purchase of any building or

  2  execution of a rental agreement for any building. Such

  3  notification shall contain the following language:

  4

  5         "RADON GAS: Radon is a naturally occurring radioactive

  6  gas that, when it has accumulated in a building in sufficient

  7  quantities, may present health risks to persons who are

  8  exposed to it over time.  Levels of radon that exceed federal

  9  and state guidelines have been found in buildings in Florida.

10  Additional information regarding radon and radon testing may

11  be obtained from your county health department."

12

13  The requirements of this subsection do not apply to any

14  residential transient occupancy, as described in s. 509.013 s.

15  509.013(11), provided that such occupancy is 45 days or less

16  in duration.

17         Section 15.  Subsection (5) of section 500.12, Florida

18  Statutes, is amended to read:

19         500.12  Food permits; building permits.--

20         (5)  It is the intent of the Legislature to eliminate

21  duplication of regulatory inspections of food. Regulatory and

22  permitting authority over any food establishment is preempted

23  to the department, except as provided in chapters 370 and 372.

24         (a)  Food establishments or retail food stores that

25  have ancillary food service activities shall be permitted and

26  inspected by the department.

27         (b)  Food service establishments, as defined in s.

28  381.0072, that have ancillary, prepackaged retail food sales

29  shall be regulated by the Department of Health and

30  Rehabilitative Services.

31

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  1         (c)  Public food service establishments, as defined in

  2  s. 509.013, which have ancillary, prepackaged retail food

  3  sales shall be licensed and inspected by the Department of

  4  Business and Professional Regulation.

  5         (c)(d)  The department and the Department of Health

  6  Business and Professional Regulation shall cooperate to assure

  7  equivalency of inspection and enforcement and to share

  8  information on those establishments identified in paragraphs

  9  (a) and (b) (c) and to address any other areas of potential

10  duplication. The department and the Department of Health

11  Business and Professional Regulation are authorized to adopt

12  rules to enforce statutory requirements under their purview

13  regarding foods.

14         Section 16.  Section 717.1355, Florida Statutes, is

15  amended to read:

16         717.1355  Theme park and entertainment complex

17  tickets.--This chapter does not apply to any tickets for

18  admission to a theme park or entertainment complex as defined

19  in s. 509.013 s. 509.013(9), or to any tickets to a permanent

20  exhibition or recreational activity within such theme park or

21  entertainment complex.

22         Section 17.  Subsection (8) of section 877.24, Florida

23  Statutes, is amended to read:

24         877.24  Nonapplication of s. 877.22.--Section 877.22

25  does not apply to a minor who is:

26         (8)  Attending an organized event held at and sponsored

27  by a theme park or entertainment complex as defined in s.

28  509.013 s. 509.013(9).

29         Section 18.  Section 509.032, Florida Statutes, is

30  amended to read:

31         509.032  Duties.--

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  1         (1)  GENERAL.--The division shall carry out all of the

  2  provisions of this chapter and all other applicable laws and

  3  rules relating to the inspection or regulation of public

  4  lodging establishments and public food service establishments

  5  for the purpose of safeguarding the public health, safety, and

  6  welfare. The division shall be responsible for ascertaining

  7  that an operator licensed under this chapter does not engage

  8  in any misleading advertising or unethical practices.

  9         (2)  INSPECTION OF PREMISES.--

10         (a)  The division has responsibility and jurisdiction

11  for all inspections required by this chapter.  The division

12  has responsibility for quality assurance.  Each licensed

13  establishment shall be inspected at least biannually and at

14  such other times as the division determines is necessary to

15  ensure the public's health, safety, and welfare.  The division

16  shall establish a system to determine inspection frequency.

17  Public lodging units classified as resort condominiums or

18  resort dwellings are not subject to this requirement, but

19  shall be made available to the division upon request.  If,

20  during the inspection of a public lodging establishment

21  classified for renting to transient or nontransient tenants,

22  an inspector identifies disabled adults or elderly persons who

23  appear to be victims of neglect, as defined in s. 415.102, or,

24  in the case of a building that is not equipped with automatic

25  sprinkler systems, tenants or clients who may be unable to

26  self-preserve in an emergency, the division shall convene

27  meetings with the following agencies as appropriate to the

28  individual situation: the Department of Health, the Department

29  of Children and Family and Rehabilitative Services, the

30  Department of Elderly Affairs, the area agency on aging, the

31  local fire marshal, the landlord and affected tenants and

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  1  clients, and other relevant organizations, to develop a plan

  2  which improves the prospects for safety of affected residents

  3  and, if necessary, identifies alternative living arrangements

  4  such as facilities licensed under part II or part III of

  5  chapter 400.

  6         (b)  For purposes of performing required inspections

  7  and the enforcement of this chapter, the division has the

  8  right of entry and access to public lodging establishments and

  9  public food service establishments at any reasonable time.

10         (c)  Public food service establishment inspections

11  shall be conducted to enforce provisions of this part and to

12  educate, inform, and promote cooperation between the division

13  and the establishment.

14         (d)  The division shall adopt and enforce sanitation

15  rules consistent with law to ensure the protection of the

16  public from food-borne illness in those establishments

17  licensed under this chapter.  These rules shall provide the

18  standards and requirements for obtaining, storing, preparing,

19  processing, serving, or displaying food in public food service

20  establishments, approving public food service establishment

21  facility plans, conducting necessary public food service

22  establishment inspections, cooperating and coordinating with

23  the Department of Health and Rehabilitative Services in

24  epidemiological investigations, and initiating enforcement

25  actions, and for other such responsibilities deemed necessary

26  by the division.

27         (c)1.(e)1.  Relating to facility plan approvals, the

28  division may establish, by rule, fees for conducting plan

29  reviews and may grant variances from construction standards in

30  hardship cases, which variances may be less restrictive than

31  the provisions specified in this section or the rules adopted

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  1  under this section.  A variance may not be granted pursuant to

  2  this section until the division is satisfied that:

  3         a.  The variance shall not adversely affect the health

  4  of the public.

  5         b.  No reasonable alternative to the required

  6  construction exists.

  7         c.  The hardship was not caused intentionally by the

  8  action of the applicant.

  9         2.  The division's advisory council shall review

10  applications for variances and recommend agency action.  The

11  division shall make arrangements to expedite emergency

12  requests for variances, to ensure that such requests are acted

13  upon within 30 days of receipt.

14         3.  The division shall establish, by rule, a fee for

15  the cost of the variance process.  Such fee shall not exceed

16  $150 for routine variance requests and $300 for emergency

17  variance requests.

18         (d)(f)  In conducting inspections of establishments

19  licensed under this chapter, the division shall determine if

20  each coin-operated amusement machine that is operated on the

21  premises of a licensed establishment is properly registered

22  with the Department of Revenue.  Each month the division shall

23  report to the Department of Revenue the sales tax registration

24  number of the operator of any licensed establishment that has

25  on location a coin-operated amusement machine and that does

26  not have an identifying certificate conspicuously displayed as

27  required by s. 212.05(1)(j).

28         (3)  SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD

29  SERVICE EVENTS.--The division shall:

30         (a)  Prescribe sanitary standards which shall be

31  enforced in public lodging food service establishments.

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  1         (b)  Inspect public lodging establishments periodically

  2  and and public food service establishments whenever necessary

  3  to respond to an emergency or epidemiological condition.

  4         (c)  Administer a public notification process for

  5  temporary food service events and distribute educational

  6  materials that address safe food storage, preparation, and

  7  service procedures.

  8         1.  Sponsors of temporary food service events shall

  9  notify the division not less than 3 days prior to the

10  scheduled event of the type of food service proposed, the time

11  and location of the event, a complete list of food service

12  vendor owners and operators participating in each event, and

13  the current license numbers of all public food service

14  establishments participating in each event. Notification may

15  be completed orally, by telephone, in person, or in writing.

16  A public food service establishment or food service vendor may

17  not use this notification process to circumvent the license

18  requirements of this chapter.

19         2.  The division shall keep a record of all

20  notifications received for proposed temporary food service

21  events and shall provide appropriate educational materials to

22  the event sponsors.

23         3.a.  A public food service establishment or other food

24  vendor must obtain a license from the division for each

25  temporary food service event in which it participates.

26         b.  Public food service establishments holding current

27  licenses from the division may operate under the regulations

28  of such a license at temporary food service events of 3 days

29  or less in duration.

30         (4)  STOP-SALE ORDERS.--The division may stop the sale,

31  and supervise the proper destruction, of any food or food

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  1  product when the director or the director's designee

  2  determines that such food or food product represents a threat

  3  to the public safety or welfare.  If the operator of a public

  4  food service establishment licensed under this chapter has

  5  received official notification from a health authority that a

  6  food or food product from that establishment has potentially

  7  contributed to any instance or outbreak of food-borne illness,

  8  the food or food product must be maintained in safe storage in

  9  the establishment until the responsible health authority has

10  examined, sampled, seized, or requested destruction of the

11  food or food product.

12         (4)(5)  REPORTS REQUIRED.--The division shall send the

13  Governor a written report at the end of each fiscal year,

14  which report shall state, but not be limited to, the total

15  number of inspections conducted by the division to ensure the

16  enforcement of sanitary standards, the total number of

17  inspections conducted in response to emergency or

18  epidemiological conditions, the number of violations of each

19  sanitary standard, and any recommendations for improved

20  inspection procedures.  The division shall also keep accurate

21  account of all expenses arising out of the performance of its

22  duties and all fees collected under this chapter.

23         (5)(6)  RULEMAKING AUTHORITY.--The division shall adopt

24  such rules as are necessary to carry out the provisions of

25  this chapter.

26         (6)(7)  PREEMPTION AUTHORITY.--The regulation and

27  inspection of public lodging establishments and public food

28  service establishments and the regulation of food safety

29  protection standards for required training and testing of food

30  service establishment personnel are preempted to the state.

31

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  1         Section 19.  Section 509.035, Florida Statutes, is

  2  amended to read:

  3         509.035  Immediate closure due to severe public health

  4  or safety threat.--The division shall, upon proper finding,

  5  immediately issue an order to close an establishment licensed

  6  under this chapter in the instance of a severe and immediate

  7  public health or safety or welfare threat as follows:

  8         (1)(a)  The director shall declare a public health or

  9  safety threat upon a proper finding by the State Health

10  Officer that the continued operation of a licensed public

11  lodging establishment presents a severe and immediate threat

12  to the public health or safety.

13         (b)  The director shall declare a threat to the public

14  safety or welfare upon a proper finding by the director that

15  the continued operation of a licensed public lodging

16  establishment presents a severe and immediate threat to the

17  public safety or welfare.

18         (2)  Upon such determination, the division shall issue

19  a notice to show cause and an emergency order of suspension.

20  Such order shall be served upon the public lodging

21  establishment by the division or its agent, and the

22  establishment shall be closed.  An operator who resists such

23  closure is subject to further administrative action by the

24  division and is punishable as provided in s. 509.281.  The

25  division shall provide an inspection within 24 hours following

26  such closure and shall review all relevant information to

27  determine whether the facility has met the requirements to

28  resume operations.

29         (3)  The division may attach a sign which states

30  "Closed to Protect Public Health and Safety" to such an

31  establishment and may require the licensee to immediately stop

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  1  service until notification to the contrary is provided by the

  2  director.

  3         (4)  The division may further adopt rules for issuing

  4  emergency orders after business hours and on weekends and

  5  holidays in order to ensure the timely closure of an

  6  establishment under this section.

  7         Section 20.  Section 509.072, Florida Statutes, is

  8  amended to read:

  9         509.072  Public Lodging Hotel and Restaurant Trust

10  Fund; collection and disposition of moneys received.--

11         (1)  There is created a Public Lodging Hotel and

12  Restaurant Trust Fund to be used for the administration and

13  operation of the division and the carrying out of all laws and

14  rules under the jurisdiction of the division pertaining to the

15  construction, maintenance, and operation of public lodging

16  establishments and public food service establishments,

17  including the inspection of elevators as required under

18  chapter 399.  All funds collected by the division and the

19  amounts paid for licenses and fees shall be deposited in the

20  State Treasury into the Public Lodging Hotel and Restaurant

21  Trust Fund.

22         (2)  Fees collected under s. 509.302(3) and deposited

23  into the trust fund must be used solely for the purpose of

24  funding the Hospitality Education Program, except for any

25  trust fund service charge imposed by s. 215.20, and may not be

26  used to pay for any expense of the division not directly

27  attributable to the Hospitality Education Program.  These

28  funds may not be deposited or transferred into any other trust

29  fund administered by the Department of Business and

30  Professional Regulation or any of its divisions. For audit

31  purposes, fees collected under s. 509.302(3) and all charges

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  1  against those fees must be maintained by the department as a

  2  separate ledger.

  3         Section 21.  Section 509.091, Florida Statutes, is

  4  amended to read:

  5         509.091  Notices; form and service.--Each notice served

  6  by the division pursuant to this chapter must be in writing

  7  and must be delivered personally by an agent of the division

  8  or by registered letter to the operator of the public lodging

  9  establishment or public food service establishment.  If the

10  operator refuses to accept service or evades service or the

11  agent is otherwise unable to effect service after due

12  diligence, the division may post such notice in a conspicuous

13  place at the establishment.

14         Section 22.  Section 509.092, Florida Statutes, is

15  amended to read:

16         509.092  Public lodging establishments and public food

17  service establishments; rights as private enterprises.--Public

18  lodging establishments and public food service establishments

19  are private enterprises, and the operator has the right to

20  refuse accommodations or service to any person who is

21  objectionable or undesirable to the operator, but such refusal

22  may not be based upon race, creed, color, sex, physical

23  disability, or national origin.  A person aggrieved by a

24  violation of this section or a violation of a rule adopted

25  under this section has a right of action pursuant to s.

26  760.11.

27         Section 23.  Section 509.101, Florida Statutes, is

28  amended to read:

29         509.101  Establishment rules; posting of notice; food

30  service inspection report; maintenance of guest register;

31  mobile food dispensing vehicle registry.--

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

  2  a public food service establishment may establish reasonable

  3  rules and regulations for the management of the establishment

  4  and its guests and employees; and each guest or employee

  5  staying, sojourning, eating, or employed in the establishment

  6  shall conform to and abide by such rules and regulations so

  7  long as the guest or employee remains in or at the

  8  establishment.  Such rules and regulations shall be deemed to

  9  be a special contract between the operator and each guest or

10  employee using the services or facilities of the operator.

11  Such rules and regulations shall control the liabilities,

12  responsibilities, and obligations of all parties.  Any rules

13  or regulations established pursuant to this section shall be

14  printed in the English language and posted in a prominent

15  place within such public lodging establishment or public food

16  service establishment. Such posting shall also include notice

17  that a current copy of this chapter is available in the office

18  for public review.  In addition, any operator of a public food

19  service establishment shall maintain the latest food service

20  inspection report or a duplicate copy on premises and shall

21  make it available to the public upon request.

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

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

24  or for guests who occupy rental units within the

25  establishment, showing the dates upon which the rental units

26  were occupied by such guests and the rates charged for their

27  occupancy.  This register shall be maintained in chronological

28  order and available for inspection by the division at any

29  time.  Operators need not make available registers which are

30  more than 2 years old.  Each operator shall maintain at all

31  times a current copy of this chapter in the office of the

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  1  licensed establishment which shall be made available to the

  2  public upon request.

  3         (3)  It is the duty of each operator of a public food

  4  service establishment that provides commissary services to

  5  maintain a daily registry verifying that each mobile food

  6  dispensing vehicle that receives such services is properly

  7  licensed by the division.  In order that such licensure may be

  8  readily verified, each mobile food dispensing vehicle operator

  9  shall permanently affix in a prominent place on the side of

10  the vehicle, in figures at least 2 inches high and in

11  contrasting colors from the background, the operator's public

12  food service establishment license number.  Prior to providing

13  commissary services, each public food service establishment

14  must verify that the license number displayed on the vehicle

15  matches the number on the vehicle operator's public food

16  service establishment license.

17         Section 24.  Section 509.141, Florida Statutes, is

18  amended to read:

19         509.141  Refusal of admission and ejection of

20  undesirable guests; notice; procedure; penalties for refusal

21  to leave.--

22         (1)  The operator of any public lodging establishment

23  or public food service establishment may remove or cause to be

24  removed from such establishment, in the manner hereinafter

25  provided in this section, any guest of the establishment who,

26  while on the premises of the establishment, illegally

27  possesses or deals in controlled substances as defined in

28  chapter 893 or is intoxicated, profane, lewd, or brawling; who

29  indulges in any language or conduct which disturbs the peace

30  and comfort of other guests or which injures the reputation,

31  dignity, or standing of the establishment; who, in the case of

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  1  a public lodging establishment, fails to make payment of rent

  2  at the agreed-upon rental rate by the agreed-upon checkout

  3  time; who, in the case of a public lodging establishment,

  4  fails to check out by the time agreed upon in writing by the

  5  guest and public lodging establishment at check-in unless an

  6  extension of time is agreed to by the public lodging

  7  establishment and guest prior to checkout; who, in the case of

  8  a public food service establishment, fails to make payment for

  9  food, beverages, or services; or who, in the opinion of the

10  operator, is a person the continued entertainment of whom

11  would be detrimental to such establishment.  The admission to,

12  or the removal from, such establishment shall not be based

13  upon race, creed, color, sex, physical disability, or national

14  origin.

15         (2)  The operator of any public lodging establishment

16  or public food service establishment shall notify such guest

17  that the establishment no longer desires to entertain the

18  guest and shall request that such guest immediately depart

19  from the establishment. Such notice may be given orally or in

20  writing.  If the notice is in writing, it shall be as follows:

21         "You are hereby notified that this establishment no

22  longer desires to entertain you as its guest, and you are

23  requested to leave at once.  To remain after receipt of this

24  notice is a misdemeanor under the laws of this state."

25

26  If such guest has paid in advance, the establishment shall, at

27  the time such notice is given, tender to such guest the unused

28  portion of the advance payment; however, the establishment may

29  withhold payment for each full day that the guest has been

30  entertained at the establishment for any portion of the

31  24-hour period of such day.

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  1         (3)  Any guest who remains or attempts to remain in any

  2  such establishment after being requested to leave is guilty of

  3  a misdemeanor of the second degree, punishable as provided in

  4  s. 775.082 or s. 775.083.

  5         (4)  If any person is illegally on the premises of any

  6  public lodging establishment or public food service

  7  establishment, the operator of such establishment may call

  8  upon any law enforcement officer of this state for assistance.

  9  It is the duty of such law enforcement officer, upon the

10  request of such operator, to place under arrest and take into

11  custody for violation of this section any guest who violates

12  subsection (3) in the presence of the officer.  If a warrant

13  has been issued by the proper judicial officer for the arrest

14  of any violator of subsection (3), the officer shall serve the

15  warrant, arrest the person, and take the person into custody.

16  Upon arrest, with or without warrant, the guest will be deemed

17  to have given up any right to occupancy or to have abandoned

18  such right of occupancy of the premises, and the operator of

19  the establishment may then make such premises available to

20  other guests.  However, the operator of the establishment

21  shall employ all reasonable and proper means to care for any

22  personal property which may be left on the premises by such

23  guest and shall refund any unused portion of moneys paid by

24  such guest for the occupancy of such premises.

25         Section 25.  Section 509.142, Florida Statutes, is

26  amended to read:

27         509.142  Conduct on premises; refusal of service.--The

28  operator of a public lodging establishment or public food

29  service establishment may refuse accommodations or service to

30  any person whose conduct on the premises of the establishment

31  displays intoxication, profanity, lewdness, or brawling; who

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  1  indulges in language or conduct such as to disturb the peace

  2  or comfort of other guests; who engages in illegal or

  3  disorderly conduct; who illegally possesses or deals in

  4  controlled substances as defined in chapter 893; or whose

  5  conduct constitutes a nuisance. Such refusal may not be based

  6  upon race, creed, color, sex, physical disability, or national

  7  origin.

  8         Section 26.  Subsection (1) of section 509.151, Florida

  9  Statutes, is amended to read:

10         509.151  Obtaining food or lodging with intent to

11  defraud; penalty.--

12         (1)  Any person who obtains food, lodging, or other

13  accommodations having a value of less than $300 at any public

14  food service establishment, or at any transient establishment,

15  with intent to defraud the operator thereof, is guilty of a

16  misdemeanor of the second degree, punishable as provided in s.

17  775.082 or s. 775.083; if such food, lodging, or other

18  accommodations have a value of $300 or more, such person is

19  guilty of a felony of the third degree, punishable as provided

20  in s. 775.082, s. 775.083, or s. 775.084.

21         Section 27.  Subsections (1), (2), and (3) of section

22  509.162, Florida Statutes, are amended to read:

23         509.162  Theft of personal property; detaining and

24  arrest of violator; theft by employee.--

25         (1)  Any law enforcement officer or operator of a

26  public lodging establishment or public food service

27  establishment who has probable cause to believe that theft of

28  personal property belonging to such establishment has been

29  committed by a person and that the officer or operator can

30  recover such property or the reasonable value thereof by

31  taking the person into custody may, for the purpose of

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  1  attempting to effect such recovery or for prosecution, take

  2  such person into custody on the premises and detain such

  3  person in a reasonable manner and for a reasonable period of

  4  time.  If the operator takes the person into custody, a law

  5  enforcement officer shall be called to the scene immediately.

  6  The taking into custody and detention by a law enforcement

  7  officer or operator of a public lodging establishment or

  8  public food service establishment, if done in compliance with

  9  this subsection, does not render such law enforcement officer

10  or operator criminally or civilly liable for false arrest,

11  false imprisonment, or unlawful detention.

12         (2)  Any law enforcement officer may arrest, either on

13  or off the premises and without warrant, any person if there

14  is probable cause to believe that person has committed theft

15  in a public lodging establishment or in a public food service

16  establishment.

17         (3)  Any person who resists the reasonable effort of a

18  law enforcement officer or operator of a public lodging

19  establishment or public food service establishment to recover

20  property which the law enforcement officer or operator had

21  probable cause to believe had been stolen from the public

22  lodging establishment or public food service establishment,

23  and who is subsequently found to be guilty of theft of the

24  subject property, is guilty of a misdemeanor of the first

25  degree, punishable as provided in s. 775.082 or s. 775.083,

26  unless such person did not know, or did not have reason to

27  know, that the person seeking to recover the property was a

28  law enforcement officer or the operator. For purposes of this

29  section, the charge of theft and the charge of resisting

30  apprehension may be tried concurrently.

31

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  1         Section 28.  Section 509.191, Florida Statutes, is

  2  amended to read:

  3         509.191  Unclaimed property.--Any property with an

  4  identifiable owner which is left in a public lodging

  5  establishment or public food service establishment, other than

  6  property belonging to a guest who has vacated the premises

  7  without notice to the operator and with an outstanding

  8  account, which property remains unclaimed after being held by

  9  the establishment for 90 days after written notice to the

10  guest or owner of the property, shall become the property of

11  the establishment. Property without an identifiable owner

12  which is found in a public lodging establishment or public

13  food service establishment is subject to the provisions of

14  chapter 705.

15         Section 29.  Subsections (2) and (3) of section

16  509.211, Florida Statutes, are amended to read:

17         509.211  Safety regulations.--

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

19  notify the local firesafety authority or the State Fire

20  Marshal of any major violation of a rule adopted under chapter

21  633 which relates to public lodging establishments or public

22  food service establishments.  The division may impose

23  administrative sanctions for violations of these rules

24  pursuant to s. 509.261 or may refer such violations to the

25  local firesafety authorities for enforcement.

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

27  public lodging establishment or public food service

28  establishment any fuel-burning wick-type equipment for space

29  heating unless such equipment is vented so as to prevent the

30  accumulation of toxic or injurious gases or liquids.

31

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  1         (b)  Any person who violates the provisions of

  2  paragraph (a) is guilty of a misdemeanor of the second degree,

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

  4         Section 30.  Section 509.2112, Florida Statutes, is

  5  amended to read:

  6         509.2112  Public lodging establishments three stories

  7  or more in height; inspection rules.--The Division of Public

  8  Lodging Hotels and Restaurants of the Department of Business

  9  and Professional Regulation is directed to provide rules to

10  require that:

11         (1)  Every public lodging establishment that is three

12  stories or more in height in the state file a certificate

13  stating that any and all balconies, platforms, stairways, and

14  railways have been inspected by a person competent to conduct

15  such inspections and are safe, secure, and free of defects.

16         (2)  The information required under subsection (1) be

17  filed commencing January 1, 1991, and every 3 years

18  thereafter, with the Division of Public Lodging Hotels and

19  Restaurants and the applicable county or municipal authority

20  responsible for building and zoning permits.

21         (3)  If a public lodging establishment that is three or

22  more stories in height fails to file the information required

23  in subsection (1), the Division of Public Lodging Hotels and

24  Restaurants shall impose administrative sanctions pursuant to

25  s. 509.261.

26         Section 31.  Subsection (6) of section 509.215, Florida

27  Statutes, is amended to read:

28         509.215  Firesafety.--

29         (6)(a)  Special exception to the provisions of this

30  section shall be made for a public lodging establishment

31  structure that is individually listed in the National Register

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  1  of Historic Places pursuant to the National Historic

  2  Preservation Act of 1966, as amended; or is a contributing

  3  property to a National Register-listed district; or is

  4  designated as a historic property, or as a contributing

  5  property to a historic district under the terms of a local

  6  preservation ordinance.

  7         (b)  For such structures, provisions shall be made for

  8  a system of fire protection and lifesafety support that would

  9  meet the intent of the NFPA standards and be acceptable to,

10  and approved by, a task force composed of the director of the

11  Division of Public Lodging Hotels and Restaurants, the

12  director of the Division of State Fire Marshal, and the State

13  Historic Preservation Officer. When recommending alternative

14  systems, the task force shall consider systems which would not

15  disturb, destroy, or alter the integrity of such historic

16  structures. The director of the Division of State Fire Marshal

17  shall be designated chairperson of the task force and shall

18  record the minutes of each task force meeting, which shall be

19  called in a timely manner to review requests for special

20  provision considerations under this subsection.

21         (c)  The task force shall, no later than November 1,

22  1996, report to the President of the Senate and the Speaker of

23  the House of Representatives any legislative recommendations

24  for providing a standard system of fire protection and

25  lifesafety support alternatives for historic public lodging

26  establishments, including bed and breakfast inns, that would

27  meet the intent of the NFPA standards. In making its report

28  the task force shall consider which, if any, bed and breakfast

29  inn operations may be exempted from the firesafety

30  requirements of this section.

31

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  1         Section 32.  Subsections (1), (2), and (5) of section

  2  509.221, Florida Statutes, are amended to read:

  3         509.221  Sanitary regulations.--

  4         (1)  Each public lodging establishment and each public

  5  food service establishment shall be supplied with potable

  6  water and shall provide adequate sanitary facilities for the

  7  accommodation of its employees and guests. Such facilities may

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

  9  toilets, and bidets. Such sanitary facilities shall be

10  connected to approved plumbing. Such plumbing shall be sized,

11  installed, and maintained in accordance with applicable state

12  and local plumbing codes. Wastewater or sewage shall be

13  properly treated onsite or discharged into an approved sewage

14  collection and treatment system.

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

16  public food service establishment shall maintain not less than

17  one public bathroom for each sex, properly designated, unless

18  otherwise provided by rule.  The division shall establish by

19  rule categories of establishments not subject to the bathroom

20  requirement of this paragraph.  Such rules may not alter the

21  exemption provided for theme parks in paragraph (b).

22         (b)  Within a theme park or entertainment complex as

23  defined in s. 509.013 s. 509.013(9), the bathrooms are not

24  required to be in the same building as the public food service

25  establishment, so long as they are reasonably accessible.

26         (c)  Each transient establishment that does not provide

27  private or connecting bathrooms shall maintain one public

28  bathroom on each floor for every 15 guests, or major fraction

29  of that number, rooming on that floor.

30         (5)  Each transient establishment and each public food

31  service establishment shall provide in the main public

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  1  bathroom soap and clean towels or other approved hand-drying

  2  devices and each public lodging establishment shall furnish

  3  each guest with two clean individual towels so that two guests

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

  5  been laundered.

  6         Section 33.  Section 509.241, Florida Statutes, is

  7  amended to read:

  8         509.241  Licenses required; exceptions.--

  9         (1)  LICENSES; ANNUAL RENEWALS.--Each public lodging

10  establishment must and public food service establishment shall

11  obtain a license from the division. Such license may not be

12  transferred from one place or individual to another.  It shall

13  be a misdemeanor of the second degree, punishable as provided

14  in s. 775.082 or s. 775.083, for such an establishment to

15  operate without a license. Local law enforcement shall provide

16  immediate assistance in pursuing an illegally operating

17  establishment.  The division may refuse a license, or a

18  renewal thereof, to any establishment that is not constructed

19  and maintained in accordance with law and with the rules of

20  the division.  The division may refuse to issue a license, or

21  a renewal thereof, to any establishment an operator of which,

22  within the preceding 5 years, has been adjudicated guilty of,

23  or has forfeited a bond when charged with, any crime

24  reflecting on professional character, including soliciting for

25  prostitution, pandering, letting premises for prostitution,

26  keeping a disorderly place, or illegally dealing in controlled

27  substances as defined in chapter 893, whether in this state or

28  in any other jurisdiction within the United States, or has had

29  a license denied, revoked, or suspended pursuant to s.

30  400.414.  Licenses shall be renewed annually, and the division

31  shall adopt a rule establishing a staggered schedule for

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  1  license renewals.  If any license expires while administrative

  2  charges are pending against the license, the proceedings

  3  against the license shall continue to conclusion as if the

  4  license were still in effect.

  5         (2)  APPLICATION FOR LICENSE.--Each person who plans to

  6  open a public lodging establishment must or a public food

  7  service establishment shall apply for and receive a license

  8  from the division prior to the commencement of operation.  A

  9  condominium association, as defined in s. 718.103, which does

10  not own any units classified as resort condominiums under s.

11  509.242(1)(c) shall not be required to apply for or receive a

12  public lodging establishment license.

13         (3)  DISPLAY OF LICENSE.--Any license issued by the

14  division shall be conspicuously displayed in the office or

15  lobby of the licensed establishment.  Public food service

16  establishments which offer catering services shall display

17  their license number on all advertising for catering services.

18         Section 34.  Section 509.251, Florida Statutes, is

19  amended to read:

20         509.251  License fees.--

21         (1)  The division shall adopt, by rule, a schedule of

22  fees to be paid by each public lodging establishment as a

23  prerequisite to issuance or renewal of a license.  Such fees

24  shall be based on the number of rental units in the

25  establishment but shall not exceed $1,000.  Resort condominium

26  units within separate buildings or at separate locations but

27  managed by one licensed agent may be combined in a single

28  license application, and the division shall charge a license

29  fee as if all units in the application are in a single

30  licensed establishment. Resort dwelling units may be licensed

31  in the same manner as condominium units. The fee schedule

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  1  shall require an establishment which applies for an initial

  2  license to pay the full license fee if application is made

  3  during the annual renewal period or more than 6 months prior

  4  to the next such renewal period and one-half of the fee if

  5  application is made 6 months or less prior to such period.

  6  The fee schedule shall include fees collected for the purpose

  7  of funding the Hospitality Education Program, pursuant to s.

  8  509.302, which are payable in full for each application

  9  regardless of when the application is submitted.

10         (a)  Upon making initial application or an application

11  for change of ownership, the applicant shall pay to the

12  division a fee as prescribed by rule, not to exceed $50, in

13  addition to any other fees required by law, which shall cover

14  all costs associated with initiating regulation of the

15  establishment.

16         (b)  A license renewal filed with the division within

17  30 days after the expiration date shall be accompanied by a

18  delinquent fee as prescribed by rule, not to exceed $50, in

19  addition to the renewal fee and any other fees required by

20  law.  A license renewal filed with the division more than 30

21  but not more than 60 days after the expiration date shall be

22  accompanied by a delinquent fee as prescribed by rule, not to

23  exceed $100, in addition to the renewal fee and any other fees

24  required by law.

25         (2)  The division shall adopt, by rule, a schedule of

26  fees to be paid by each public food service establishment as a

27  prerequisite to issuance or renewal of a license.  The fee

28  schedule shall prescribe a basic fee and additional fees based

29  on seating capacity and services offered. The aggregate fee

30  per establishment charged any public food service

31  establishment may not exceed $400.  The fee schedule shall

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  1  require an establishment which applies for an initial license

  2  to pay the full license fee if application is made during the

  3  annual renewal period or more than 6 months prior to the next

  4  such renewal period and one-half of the fee if application is

  5  made 6 months or less prior to such period.  The fee schedule

  6  shall include fees collected for the purpose of funding the

  7  Hospitality Education Program, pursuant to s. 509.302, which

  8  are payable in full for each application regardless of when

  9  the application is submitted.

10         (a)  Upon making initial application or an application

11  for change of ownership, the applicant shall pay to the

12  division a fee as prescribed by rule, not to exceed $50, in

13  addition to any other fees required by law, which shall cover

14  all costs associated with initiating regulation of the

15  establishment.

16         (b)  A license renewal filed with the division within

17  30 days after the expiration date shall be accompanied by a

18  delinquent fee as prescribed by rule, not to exceed $50, in

19  addition to the renewal fee and any other fees required by

20  law.  A license renewal filed with the division more than 30

21  but not more than 60 days after the expiration date shall be

22  accompanied by a delinquent fee as prescribed by rule, not to

23  exceed $100, in addition to the renewal fee and any other fees

24  required by law.

25         (2)(3)  The fact that a public food service

26  establishment is operated in conjunction with a public lodging

27  establishment does not relieve the public food service

28  establishment of the requirement that it be separately

29  licensed as a public food service establishment.

30         (4)  The actual costs associated with each

31  epidemiological investigation conducted by the Department of

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  1  Health and Rehabilitative Services in public food service

  2  establishments licensed pursuant to this chapter shall be

  3  accounted for and submitted to the division annually. The

  4  division shall journal transfer the total of all such amounts

  5  from the Hotel and Restaurant Trust Fund to the Department of

  6  Health and Rehabilitative Services annually; however, the

  7  total amount of such transfer may not exceed an amount equal

  8  to 5 percent of the annual public food service establishment

  9  licensure fees received by the division.

10         Section 35.  Section 509.261, Florida Statutes, is

11  amended to read:

12         509.261  Revocation or suspension of licenses; fines;

13  procedure.--

14         (1)  Any public lodging establishment or public food

15  service establishment that has operated or is operating in

16  violation of this chapter or the rules of the division,

17  operating without a license, or operating with a suspended or

18  revoked license may be subject by the division to:

19         (a)  Fines not to exceed $1,000 per offense;

20         (b)  Mandatory attendance, at personal expense, at an

21  educational program sponsored by the Hospitality Education

22  Program; and

23         (c)  The suspension, revocation, or refusal of a

24  license issued pursuant to this chapter.

25         (2)  For the purposes of this section, the division may

26  regard as a separate offense each day or portion of a day on

27  which an establishment is operated in violation of a "critical

28  law or rule," as that term is defined by rule.

29         (3)  The division shall post a prominent

30  closed-for-operation sign on any public lodging establishment

31  or public food service establishment, the license of which has

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  1  been suspended or revoked.  The division shall also post such

  2  sign on any establishment judicially or administratively

  3  determined to be operating without a license.  It is a

  4  misdemeanor of the second degree, punishable as provided in s.

  5  775.082 or s. 775.083, for any person to deface or remove such

  6  closed-for-operation sign or for any public lodging

  7  establishment or public food service establishment to open for

  8  operation without a license or to open for operation while its

  9  license is suspended or revoked.  The division may impose

10  administrative sanctions for violations of this section.

11         (4)  All funds received by the division as satisfaction

12  for administrative fines shall be paid into the State Treasury

13  to the credit of the Public Lodging Hotel and Restaurant Trust

14  Fund and may not subsequently be used for payment to any

15  entity performing required inspections under contract with the

16  division.

17         (5)(a)  A license may not be suspended under this

18  section for a period of more than 12 months.  At the end of

19  such period of suspension, the establishment may apply for

20  reinstatement or renewal of the license.  A public lodging

21  establishment or public food service establishment, the

22  license of which is revoked, may not apply for another license

23  for that location prior to the date on which the revoked

24  license would have expired.

25         (b)  The division may fine, suspend, or revoke the

26  license of any public lodging establishment or public food

27  service establishment if the operator knowingly lets, leases,

28  or gives space for unlawful gambling purposes or permits

29  unlawful gambling in such establishment or in or upon any

30  premises which are used in connection with, and are under the

31  same charge, control, or management as, such establishment.

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  1         (6)  The division may fine, suspend, or revoke the

  2  license of any public lodging establishment or public food

  3  service establishment when:

  4         (a)  Any person with a direct financial interest in the

  5  licensed establishment, within the preceding 5 years in this

  6  state, any other state, or the United States, has been

  7  adjudicated guilty of or forfeited a bond when charged with

  8  soliciting for prostitution, pandering, letting premises for

  9  prostitution, keeping a disorderly place, illegally dealing in

10  controlled substances as defined in chapter 893, or any other

11  crime reflecting on professional character.

12         (b)  Such establishment has been deemed an imminent

13  danger to the public health and safety by the division or

14  local health authority for failure to meet sanitation

15  standards or the premises have been determined by the division

16  or local authority to be unsafe or unfit for human occupancy.

17         (7)  A person is not entitled to the issuance of a

18  license for any public lodging establishment or public food

19  service establishment except in the discretion of the director

20  when the division has notified the current licenseholder for

21  such premises that administrative proceedings have been or

22  will be brought against such current licensee for violation of

23  any provision of this chapter or rule of the division.

24         Section 36.  Subsection (1) of section 509.281, Florida

25  Statutes, is amended to read:

26         509.281  Prosecution for violation; duty of state

27  attorney; penalties.--

28         (1)  The division or an agent of the division, upon

29  ascertaining by inspection that any public lodging

30  establishment or public food service establishment is being

31  operated contrary to the provisions of this chapter, shall

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  1  make complaint and cause the arrest of the violator, and the

  2  state attorney, upon request of the division or agent, shall

  3  prepare all necessary papers and conduct the prosecution.  The

  4  division shall proceed in the courts by mandamus or injunction

  5  whenever such proceedings may be necessary to the proper

  6  enforcement of the provisions of this chapter, of the rules

  7  adopted pursuant hereto, or of orders of the division.

  8         Section 37.  Subsection (1) of section 509.291, Florida

  9  Statutes, is amended to read:

10         509.291  Advisory council.--

11         (1)  There is created an 18-member advisory council.

12         (a)  The Secretary of Business and Professional

13  Regulation shall appoint 11 voting members to the advisory

14  council. Each member appointed by the secretary must be an

15  operator of an establishment licensed under this chapter and

16  shall represent the industries regulated by the division,

17  except that one member appointed by the secretary must be a

18  layperson and shall represent the general public. Such members

19  of the council shall serve staggered terms of 4 years.

20         (b)  The division, the Department of Health and

21  Rehabilitative Services, the Florida Hotel and Motel

22  Association, the Florida Restaurant Association, the Florida

23  Apartment Association, and the Florida Association of Realtors

24  shall each designate one representative to serve as a voting

25  member of the council, and one member appointed by the

26  secretary must be appointed to represent nontransient public

27  lodging establishments.  In addition, one hospitality

28  administration educator from an institution of higher

29  education affiliated with the Hospitality Education Program

30  pursuant to s. 509.302(2) shall serve for a term of 2 years as

31  a voting member of the council.  This single representative

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  1  shall be designated on a rotating basis by the institution or

  2  institutions of higher education affiliated with this program

  3  pursuant to s. 509.302(2).

  4         (c)  Any member who fails to attend three consecutive

  5  council meetings without good cause may be removed from the

  6  council by the secretary.

  7         Section 38.  Subsections (1), (3), and (7) of section

  8  509.302, Florida Statutes, are amended to read:

  9         509.302  Director of education, personnel, employment

10  duties, compensation.--

11         (1)  The director shall, with the advice of the

12  advisory council, employ a director of education for the

13  public lodging and food service industry.

14         (3)  All public lodging establishments and all public

15  food service establishments licensed under this chapter shall

16  pay an annual fee of no more than $6 which shall be included

17  in the annual license fee and which shall be used for the sole

18  purpose of funding the Hospitality Education Program.

19         (7)  The director of education, with the approval of

20  the director and with the consent of the advisory council, may

21  designate funds, not to exceed $150,000 annually, to support

22  school-to-career transition programs available through

23  statewide organizations in the hospitality services field.

24  Such programs shall be designed to prepare students for

25  progressive careers in the hospitality industry.  The director

26  of education, with the approval of the director and with the

27  consent of the advisory council, may also designate funds, not

28  to exceed $50,000 annually, to support food safety training

29  programs available through statewide organizations in the

30  hospitality services field, and not to exceed $50,000

31  annually, to support nontransient public lodging training

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  1  programs available through statewide organizations in the

  2  public lodging services field.

  3         (a)  The director of education shall have supervision

  4  over the administration of the programs set forth in this

  5  subsection and shall report the status of the programs at all

  6  meetings of the advisory council and at such other times as

  7  are prescribed by the advisory council.

  8         (b)  The division shall adopt rules providing the

  9  criteria for program approval and the procedures for

10  processing program applications.  The criteria and procedures

11  shall be approved by the advisory council.

12         Section 39.  Paragraph (a) of subsection (2) and

13  subsection (4) of section 386.205, Florida Statutes, are

14  amended to read:

15         386.205  Designation of smoking areas.--

16         (2)(a)  A smoking area may not be designated in an

17  elevator, school bus, public means of mass transportation

18  subject only to state smoking regulation, restroom, hospital,

19  doctor's or dentist's waiting room, jury deliberation room,

20  county health department, day care center, school or other

21  educational facility, or any common area as defined in s.

22  386.203, or any public food service establishment as defined

23  in s. 509.013. However, a patient's room in a hospital,

24  nursing home, or other health care facility may be designated

25  as a smoking area if such designation is ordered by the

26  attending physician and agreed to by all patients assigned to

27  that room.

28         (4)  No more than one-half of the total square footage

29  in any public place within a single enclosed indoor area used

30  for a common purpose shall be reserved and designated as a

31  smoking area. This square footage limitation does not apply to

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  1  restaurants as defined in s. 386.203(1)(p). However, such a

  2  restaurant must ensure that no more than 65 percent of the

  3  seats existing in its dining room at any time are located in

  4  an area designated as a smoking area.

  5         Section 40.  The administrative rules of the agencies

  6  involved in this reorganization that are in effect immediately

  7  prior to the effective date of this act shall remain in effect

  8  until specifically changed in the manner provided by law.

  9         Section 41.  This act shall not affect the validity of

10  any judicial or administrative proceeding pending on the

11  effective date of this act, and any agency to which are

12  transferred the powers, duties, and functions relating to the

13  pending proceeding shall be substituted as a party in interest

14  for that proceeding.

15         Section 42.  Sections 509.213, 509.214, 509.232, and

16  509.292, Florida Statutes, are transferred and renumbered,

17  respectively, as sections 381.0075, 381.0076, 381.0077, and

18  381.0078, Florida Statutes.

19         Section 43.  Paragraph (p) of subsection (1) of section

20  386.203 and sections 509.036, 509.039, and 509.049, Florida

21  Statutes, are repealed.

22         Section 44.  Effective July 1, 1998, the Secretary of

23  Health and the Secretary of Business and Professional

24  Regulation shall each appoint three staff members to a

25  restaurant program transition advisory committee.  The members

26  of the committee must represent staff of the respective

27  department, including representatives from the headquarter's

28  level and local field staff, who are involved in the

29  transferred functions.  In addition, the two secretaries shall

30  jointly appoint one person to represent the restaurant

31  industry on the committee.  The Secretary of Health shall

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  1  designate a member of the committee to serve as committee

  2  chair.  The purpose of the committee is to prepare for the

  3  transfer of regulatory responsibilities relating to

  4  restaurants from the Department of Business and Professional

  5  Regulation to the Department of Health.  The committee shall

  6  be located, for administrative purposes, in the Department of

  7  Health.

  8         (1)  By September 15, 1998, the committee shall

  9  prescribe a schedule of transition activities and functions

10  with respect to the transfer of responsibilities.  The

11  schedule must, at a minimum, address:  office space,

12  information support systems, cash ownership and transfer,

13  administrative support functions, inventory and transfer of

14  equipment and supplies, expenditure transfers, budget

15  authority and positions, and certifications forward.

16         (2)  The committee shall review current regulatory

17  activities and make recommendations regarding consolidation of

18  duplicative regulatory functions, elimination of overlap, and

19  any needed modifications in organizational structure.  The

20  committee shall report its findings, including recommendations

21  for changes in state policy, rules, and statutes that will

22  improve restaurant regulatory functions by the Department of

23  Health, to the Secretary of Health, the Governor, the

24  President of the Senate, and the Speaker of the House of

25  Representatives by November 30, 1999.

26         Section 45.  Except as otherwise provided in this act

27  and except for this section, which shall take effect upon

28  becoming a law, this act shall take effect January 1, 1999.

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  2                          SENATE SUMMARY

  3    Transfers certain powers, duties, and functions of the
      Department of Business and Professional Regulation
  4    relating to public food service establishments to the
      Department of Health.  Prohibits smoking in public food
  5    service establishments. (See bill for details.)

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