Senate Bill 0684
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Florida Senate - 1999 SB 684
By Senator Myers
27-462-99
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 registry of mobile food dispensing vehicles;
12 prescribing guidelines for temporary food
13 service events; creating s. 381.00742, F.S.;
14 prescribing rights of food service
15 establishments; creating s. 381.00744, F.S.;
16 providing for admission of, and ejection of,
17 undesirable guests; providing rights and duties
18 of operators and guests of establishments;
19 creating s. 381.00746, F.S.; providing rules
20 and guidelines with respect to theft of
21 property; providing penalties; amending ss.
22 381.006, 381.0072, 381.0101, 399.01, 509.013,
23 159.27, 316.1955, 404.056, 500.12, 717.1355,
24 877.24, 509.032, 509.035, 509.072, 509.091,
25 509.092, 509.101, 509.141, 509.142, 509.151,
26 509.162, 509.191, 509.211, 509.2112, 509.215,
27 509.221, 509.241, 509.251, 509.261, 509.281,
28 509.291, 509.302, F.S., to conform to the
29 changes made by the act; amending s. 386.205,
30 F.S.; prohibiting smoking in public food
31 service establishments; transferring and
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1 renumbering s. 509.213, F.S., relating to
2 emergency first aid; transferring and
3 renumbering s. 509.214, F.S., relating to
4 notification of automatic gratuity charge;
5 transferring and renumbering s. 509.232, F.S.,
6 relating to school carnivals and fairs;
7 transferring and renumbering s. 509.292, F.S.,
8 relating to misrepresenting food or food
9 products; repealing s. 386.203(1)(p), F. S.,
10 which provides for the inclusion of specified
11 restaurants in the definition of the term
12 "public place"; repealing s. 509.036, F.S.,
13 relating to food service inspector
14 standardization; repealing s. 509.039, F.S.,
15 relating to food service manager certification;
16 repealing s. 509.049, F.S., relating to food
17 service employee training; providing for the
18 continued effect of rules; providing for the
19 continuation of judicial and administrative
20 proceedings; providing for appointment of a
21 transition advisory committee; providing
22 effective dates.
23
24 Be It Enacted by the Legislature of the State of Florida:
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26 Section 1. All powers, duties, functions, records,
27 personnel, property, and unexpended balances of
28 appropriations, allocations, and other funds of the Department
29 of Business and Professional Regulation relating to the public
30 food service establishment portion of the Division of Hotels
31 and Restaurants described in part I of chapter 509, Florida
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1 Statutes, are transferred to the Department of Health by a
2 type two transfer as defined in section 20.06, Florida
3 Statutes. The Department of Health may organize, classify, and
4 manage the positions transferred in a manner that will reduce
5 duplication, achieve maximum efficiency, and ensure
6 accountability.
7 Section 2. Subsection (2) of section 20.165, Florida
8 Statutes, is amended to read:
9 20.165 Department of Business and Professional
10 Regulation.--There is created a Department of Business and
11 Professional Regulation.
12 (2) The following divisions of the Department of
13 Business and Professional Regulation are established:
14 (a) Division of Administration.
15 (b) Division of Alcoholic Beverages and Tobacco.
16 (c) Division of Certified Public Accounting.
17 1. The director of the division shall be appointed by
18 the secretary of the department, subject to approval by a
19 majority of the Board of Accountancy.
20 2. The offices of the division shall be located in
21 Gainesville.
22 (d) Division of Florida Land Sales, Condominiums, and
23 Mobile Homes.
24 (e) Division of Public Lodging Hotels and Restaurants.
25 (f) Division of Pari-mutuel Wagering.
26 (g) Division of Professions.
27 (h) Division of Real Estate.
28 1. The director of the division shall be appointed by
29 the secretary of the department, subject to approval by a
30 majority of the Florida Real Estate Commission.
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1 2. The offices of the division shall be located in
2 Orlando.
3 (i) Division of Regulation.
4 (j) Division of Technology, Licensure, and Testing.
5 Section 3. Subsection (11) of section 381.006, Florida
6 Statutes, 1998 Supplement, is amended to read:
7 381.006 Environmental health.--The department shall
8 conduct an environmental health program as part of fulfilling
9 the state's public health mission. The purpose of this program
10 is to detect and prevent disease caused by natural and manmade
11 factors in the environment. The environmental health program
12 shall include, but not be limited to:
13 (11) A food service protection function as provided in
14 this chapter Mosquito and pest control functions as provided
15 in chapters 388 and 482.
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17 The department may adopt rules to carry out the provisions of
18 this section.
19 Section 4. Section 381.0072, Florida Statutes, 1998
20 Supplement, is amended to read:
21 381.0072 Food service protection.--It is shall be the
22 duty of the Department of Health to adopt and enforce
23 sanitation rules consistent with law to ensure the protection
24 of the public from food-borne illness. These rules shall
25 provide the standards and requirements for the storage,
26 preparation, packaging, serving, vending, or display of food
27 in food service establishments as defined in this section and
28 which are not permitted or licensed under chapter 500 or
29 chapter 509.
30 (1) DEFINITIONS.--As used in this section, the term:
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1 (a) "Department" means the Department of Health or its
2 representative county health department.
3 (b) "Food service establishment" means any operation
4 facility, as described in this paragraph, which stores,
5 prepares, packages, serves, vends, or otherwise provides food
6 for human consumption where food is prepared and intended for
7 individual portion service, and includes the site at which
8 individual portions are provided. The term includes any such
9 facility regardless of whether consumption is on or off the
10 premises and regardless of whether there is a charge for the
11 food. The term includes detention facilities, child care
12 facilities, schools, institutions, civic or fraternal
13 organizations, bars and lounges and facilities used at
14 temporary food events, mobile food units, and vending machines
15 at any facility regulated under this section. The term does
16 not include private homes where food is prepared or served for
17 individual family consumption; nor does the term include
18 churches, synagogues, or other not-for-profit religious
19 organizations as long as these organizations serve only their
20 members and guests and do not advertise food or drink for
21 public consumption; nor does the term include, or any
22 operation facility or establishment permitted or licensed
23 under chapter 500 or chapter 509; nor does the term include
24 operations exempted by rules adopted under paragraph (2)(a)
25 any theater, if the primary use is as a theater and if patron
26 service is limited to food items customarily served to the
27 admittees of theaters; nor does the term include a research
28 and development test kitchen limited to the use of employees
29 and which is not open to the general public.
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1 (c) "Operator" means the owner, operator, keeper,
2 proprietor, lessee, manager, assistant manager, agent, or
3 employee of a food service establishment.
4 (2) DUTIES.--
5 (a) The department shall adopt rules consistent with
6 law prescribing minimum sanitation standards and manager
7 certification requirements as prescribed in this section s.
8 509.039, which shall be enforced in food service
9 establishments as defined in this section. The sanitation
10 standards must address, but are not limited to: the
11 construction, operation, and maintenance of establishments the
12 establishment; plan review; design, construction,
13 installation, maintenance, sanitation, and storage of food
14 equipment; employee training, health, hygiene, and work
15 practices; food supplies, preparation, storage,
16 transportation, and service; and sanitary facilities and
17 controls, including water supply and sewage disposal; plumbing
18 and toilet facilities; garbage and refuse collection, storage,
19 and disposal; and vermin control. Public and private schools,
20 hospitals licensed under chapter 395, nursing homes licensed
21 under part II of chapter 400, child care facilities as defined
22 in s. 402.301, and residential facilities colocated with a
23 nursing home or hospital if all food is prepared in a central
24 kitchen that complies with nursing or hospital regulations
25 shall be exempt from the rules developed for manager
26 certification. The department shall administer a comprehensive
27 inspection, monitoring, and sampling program to ensure such
28 standards are maintained. The regulation and inspection of
29 food service establishments licensed under this section, with
30 regard to food safety protection standards and required
31 training and testing of food service establishment personnel,
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1 are preempted to the state With respect to food service
2 establishments permitted or licensed under chapter 500 or
3 chapter 509, the department shall assist the Division of
4 Hotels and Restaurants of the Department of Business and
5 Professional Regulation and the Department of Agriculture and
6 Consumer Services with rulemaking by providing technical
7 information.
8 (b) The department shall carry out all provisions of
9 this chapter and all other applicable laws and rules relating
10 to the inspection or regulation of food service establishments
11 as defined in this section, for the purpose of safeguarding
12 the public's health, safety, and welfare.
13 (c) The department shall inspect each food service
14 establishment as often as necessary to ensure compliance with
15 applicable laws and rules. The department shall have the right
16 of entry and access to these food service establishments at
17 any reasonable time. In inspecting food service establishments
18 as provided under this section, the department shall provide
19 each inspected establishment with the food recovery brochure
20 developed under s. 570.0725.
21 (d) The department or other appropriate regulatory
22 entity may inspect theaters exempted in subsection (1) to
23 ensure compliance with applicable laws and rules pertaining to
24 minimum sanitation standards. A fee for inspection shall be
25 prescribed by rule, but the aggregate amount charged per year
26 per theater establishment shall not exceed $300, regardless of
27 the entity providing the inspection.
28 (3) LICENSES REQUIRED.--
29 (a) Licenses; annual renewals.--Each food service
30 establishment regulated under this section shall obtain a
31 license from the department annually. Food service
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1 establishment licenses shall expire annually and shall not be
2 transferable from one place or individual to another.
3 However, those facilities licensed by the department's Office
4 of Licensure and Certification, the Children and Families
5 Program Office, or the Developmental Services Program Office
6 are exempt from this subsection. It is shall be a misdemeanor
7 of the second degree, punishable as provided in s. 381.0061,
8 s. 775.082, or s. 775.083, for such an establishment to
9 operate without this license. The department may refuse a
10 license, or a renewal thereof, to any establishment that is
11 not constructed or maintained in accordance with law and with
12 the rules of the department. Annual application for renewal
13 shall not be required, provided that the information of record
14 was not changed.
15 (b) Application for license.--Each person who plans to
16 open a food service establishment not regulated under chapter
17 500 or chapter 509 shall apply for and receive a license prior
18 to the commencement of operation.
19 (c) Display of license.--A food service establishment
20 that offers catering services must display its license number
21 on all advertising for catering services.
22 (4) LICENSE; INSPECTION; FEES.--
23 (a) The department is authorized to collect fees from
24 establishments licensed under this section and from those
25 facilities exempted from licensure under paragraph (3)(a). It
26 is the intent of the Legislature that the total fees assessed
27 under this section be in an amount sufficient to meet the cost
28 of carrying out the provisions of this section, including the
29 cost of inspector standardization.
30 (b) The fee schedule for food service establishments
31 licensed under this section shall be prescribed by rule, but
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1 the aggregate license fee per establishment shall not exceed
2 $400 $300.
3 (c) The license fees shall be prorated on a quarterly
4 basis. Annual licenses shall be renewed as prescribed by
5 rule.
6 (d) The fact that a food service establishment is
7 operated in conjunction with a public lodging establishment
8 does not relieve the food service establishment of the
9 requirement that it be licensed separately as a food service
10 establishment.
11 (5) FINES; SUSPENSION OR REVOCATION OF LICENSES;
12 PROCEDURE.--
13 (a) The department may impose fines against the
14 establishment or operator regulated under this section for
15 violations of sanitary standards, in accordance with s.
16 381.0061. All amounts collected shall be deposited to the
17 credit of the County Health Department Trust Fund administered
18 by the department.
19 (b) The department may suspend or revoke the license
20 of any food service establishment licensed under this section
21 that has operated or is operating in violation of any of the
22 provisions of this section or the rules adopted under this
23 section. Such food service establishment shall remain closed
24 when its license is suspended or revoked.
25 (c) The department may suspend or revoke the license
26 of any food service establishment licensed under this section
27 when such establishment has been deemed by the department to
28 be an imminent danger to the public's health for failure to
29 meet sanitation standards or other applicable regulatory
30 standards.
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1 (d) No license shall be suspended under this section
2 for a period of more than 12 months. At the end of such
3 period of suspension, the establishment may apply for
4 reinstatement or renewal of the license. A food service
5 establishment which has had its license revoked may not apply
6 for another license for that location prior to the date on
7 which the revoked license would have expired.
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9 In addition to any other penalty that may be imposed for a
10 violation of this subsection, the operator of a food service
11 establishment may be required to attend and complete a
12 food-safety course sponsored or approved by the department.
13 (6) IMMINENT DANGERS; STOP-SALE ORDERS.--
14 (a) In the course of epidemiological investigations or
15 for those establishments regulated under this chapter, the
16 department, to protect the public from food that is
17 unwholesome or otherwise unfit for human consumption, may
18 examine, sample, seize, and stop the sale or use of food to
19 determine its condition. The department may stop the sale and
20 supervise the proper destruction of food when the State Health
21 Officer or his or her designee determines that such food
22 represents a threat to the public health. If the operator of a
23 food service establishment licensed under this chapter has
24 received official notification from a health authority that a
25 food or food product from that establishment has potentially
26 contributed to any instance or outbreak of food-borne illness,
27 the food or food product must be maintained in safe storage in
28 the establishment until the responsible health authority has
29 examined, sampled, seized, or requested destruction of the
30 food product.
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1 (b) The department may determine that a food service
2 establishment regulated under this section is an imminent
3 danger to the public health and require its immediate closure
4 when such establishment fails to comply with applicable
5 sanitary and safety standards or due to natural disasters and,
6 because of such failure, presents an imminent threat to the
7 public's health, safety, and welfare. The department may
8 accept inspection results from state and local building and
9 firesafety officials and other regulatory agencies as
10 justification for such actions. Any facility so deemed and
11 closed shall remain closed until allowed by the department or
12 by judicial order to reopen.
13 (c) Upon such determination, the department shall
14 issue a notice to show cause and an emergency order of
15 suspension. Such order shall be served upon the food service
16 establishment by the department, and the establishment shall
17 be closed. An operator who resists such closure is subject to
18 further administrative action by the department and is
19 punishable as provided in s. 381.0061. The department shall
20 provide an inspection within 24 hours following such closure
21 and shall review all relevant information to determine whether
22 the establishment has met the requirements to resume
23 operations.
24 (d) The department may attach a sign that states
25 "Closed to Protect Public Health and Safety" to such an
26 establishment and may require the licensee to immediately stop
27 service until notification to the contrary is provided by the
28 department.
29 (e) The department may further adopt rules for issuing
30 emergency orders after business hours and on weekends and
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1 holidays in order to ensure the timely closure of an
2 establishment under this section.
3 (7) MISREPRESENTING FOOD OR FOOD PRODUCTS.--No
4 operator of any food service establishment regulated under
5 this section shall knowingly and willfully misrepresent the
6 identity of any food or food product to any of the patrons of
7 such establishment. Food used by food service establishments
8 shall be identified, labeled, and advertised in accordance
9 with the provisions of chapter 500.
10 (8) FOOD SERVICE MANAGER CERTIFICATION; FOOD SERVICE
11 EMPLOYEE TRAINING.--
12 (a) The department shall adopt, by rule, food safety
13 protection standards for the training and certification of all
14 food service managers who are responsible for the storage,
15 preparation, display, or serving of foods to the public in
16 establishments regulated under this section. These standards
17 are to be adopted by the department to ensure that, upon
18 successfully passing a test, a manager of a food service
19 establishment has demonstrated a knowledge of basic food
20 protection practices. These standards must also provide for a
21 certification program that authorizes private or public
22 agencies to conduct an approved test and certify the results
23 of those tests to the department. The fee for the test may
24 not exceed $50. All managers employed by a food service
25 establishment must have passed this test and received a
26 certificate attesting thereto. Managers have a period of 90
27 days after employment to pass the required test.
28 (b) The department shall adopt, by rule, minimum food
29 safety protection standards for the training of all food
30 service employees who are responsible for the storage,
31 preparation, display, or serving of foods to the public in
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1 establishments regulated under this section. These standards
2 shall not include an examination or certification. It shall
3 be the duty of the licensee of the food service establishment
4 to provide training in accordance with the described rule to
5 all employees under the licensee's supervision or control.
6 The licensee may designate a certified food service manager to
7 perform this function as an agent of the licensee.
8 (9) FOOD SERVICE ESTABLISHMENT RANKING.--The ranking
9 of food service establishments is preempted to the state;
10 however, any local ordinance establishing a ranking system in
11 existence before October 1, 1988, may remain in effect.
12 (10) FOOD SERVICES STANDARDS ADVISORY COUNCIL.--
13 (a) The Food Services Standards Advisory Council,
14 hereafter known as the "council," consisting of nine members,
15 is created to assist the department with the implementation of
16 this section, including food service inspector standardization
17 and food service manager certification. The council shall also
18 serve as the review board for the variance process described
19 in this section. The State Health Officer shall appoint the
20 members of the council, as follows:
21 1. The state epidemiologist or his or her designee.
22 2. Two county health department representatives.
23 3. Four food service industry representatives.
24 4. One consumer representative not affiliated with the
25 food service industry.
26 5. One representative of the State Health Office.
27 (b) Members shall be appointed for a 4-year term and
28 may be reappointed to one additional term.
29 (c) The council may elect one member to serve as
30 chairperson and one member to serve as vice chairperson. The
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1 term of office for chairperson and vice chairperson shall be
2 for 2 years.
3 (d) The purpose of the council is to promote better
4 relations, understanding, and cooperation between the industry
5 and the department; to suggest improved means of protecting
6 the health of persons being served; to give the department the
7 benefit of its knowledge and experience concerning how
8 applicable laws and rules affect the industry; to promote and
9 coordinate educational and certification efforts aimed at
10 improving food protection and preventing food-borne illness;
11 and to review variance requests submitted to the department.
12 (e) The council shall meet at least quarterly, or upon
13 the call of the Secretary of Health, for the purpose of
14 reviewing food standards and making recommendations to the
15 department for rule or statutory amendments, and for reviewing
16 variance requests as described in subsection (11). The
17 department shall provide administrative and clerical support
18 services for the council.
19 (f) The members of the council shall serve without
20 compensation, but shall be entitled to receive reimbursement
21 for per diem and travel expenses pursuant to s. 112.061.
22 (11) FACILITY PLAN REVIEWS; VARIANCES.--
23 (a) The department may establish, by rule, the process
24 for and fees to support conducting facility plan reviews.
25 (b)1. The department may grant variances from
26 construction standards in hardship cases, which variances may
27 be less restrictive than the provisions specified in this
28 section or by rules adopted under this section. A variance may
29 not be granted pursuant to this section until the department
30 is satisfied that:
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1 a. The variance shall not adversely affect the health
2 of the public.
3 b. No reasonable alternative exists for the required
4 construction.
5 c. The hardship was not caused intentionally by the
6 action of the applicant.
7 2. The Food Services Standards Advisory Council shall
8 review applications for variances and recommend agency action
9 at its quarterly meetings. The department shall make
10 arrangements to expedite emergency requests for variances, to
11 ensure that such requests are acted upon within 30 days after
12 receipt.
13 3. The department shall establish by rule a fee for
14 the cost of the variance process. Such fee may not exceed $150
15 for routine variance requests and $300 for emergency variance
16 requests.
17 (12) FOOD SERVICE INSPECTION REPORT.--The operator of
18 a food service establishment must maintain the latest food
19 service inspection report or a duplicate copy on the premises
20 and make the report available to the public upon request.
21 Section 5. Section 381.0074, Florida Statutes, is
22 created to read:
23 381.0074 Mobile food dispensing vehicle registry;
24 temporary food service events.--
25 (1) It is the duty of each operator of a food service
26 establishment that provides commissary services to maintain a
27 daily registry verifying that each mobile food dispensing
28 vehicle that receives such services is properly licensed by
29 the department. In order that such licensure may be readily
30 verified, each mobile food dispensing vehicle operator shall
31 permanently affix in a prominent place on the side of the
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1 vehicle, in figures at least 2 inches high and in contrasting
2 colors from the background, the operator's food service
3 establishment license number. Before providing commissary
4 services, each food service establishment must verify that the
5 license number displayed on the vehicle matches the number on
6 the vehicle operator's food service establishment license.
7 (2)(a) The term "temporary food service event" means
8 any event of 30 days or less in duration at which food is
9 prepared, served, or sold to the public.
10 (b) The department shall administer a public
11 notification process for temporary food service events and
12 distribute educational materials that address safe food
13 storage, preparation, and service procedures.
14 1. Sponsors of temporary food service events shall
15 notify the department not less than 3 days prior to the
16 scheduled event of the type of food service proposed, the time
17 and location of the event, a complete list of food service
18 vendor owners and operators participating in each event, and
19 the current license numbers of all food service establishments
20 participating in each event. Notification may be completed
21 orally, by telephone or in person, or in writing. A food
22 service establishment or food service vendor may not use this
23 notification process to circumvent the license requirements of
24 this chapter.
25 2. The department shall keep a record of all
26 notifications received for proposed temporary food service
27 events and shall provide appropriate educational materials to
28 the event sponsors.
29 3.a. A food service establishment or other food vendor
30 must obtain a license from the department for each temporary
31 food service event in which it participates.
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1 b. A food service establishment holding a current
2 license from the department may operate under the regulations
3 of such a license at temporary food service events of 3 days
4 or less in duration.
5 Section 6. Section 381.00742, Florida Statutes, is
6 created to read:
7 381.00742 Food service establishments; rights as
8 private enterprises; rules and notices.--
9 (1) Food service establishments are private
10 enterprises, and the operator has the right to refuse
11 accommodations or service to any person who is objectionable
12 or undesirable to the operator, but such refusal may not be
13 based upon race, creed, color, sex, physical disability, or
14 national origin. A person aggrieved by a violation of this
15 section or a violation of a rule adopted under this section
16 has a right of action pursuant to s. 760.11.
17 (2) Any operator of a food service establishment may
18 establish reasonable rules for the management of the
19 establishment and its guests and employees; and each guest or
20 employee sojourning, eating, or employed in the establishment
21 must conform to and abide by such rules so long as the guest
22 or employee remains in or at the establishment. Such rules
23 shall be deemed to be a special contract between the operator
24 and each guest or employee using the services or facilities of
25 the operator. Such rules shall control the liabilities,
26 responsibilities, and obligations of all parties. Any rules
27 established pursuant to this subsection must be printed in the
28 English language and posted in a prominent place within the
29 food service establishment. Such posting shall also include
30 notice that a current copy of this chapter is available in the
31 office for public review.
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1 Section 7. Section 381.00744, Florida Statutes, is
2 created to read:
3 381.00744 Admission and ejection of undesirable
4 guests; process; conduct; defrauding; penalties; property.--
5 (1) The operator of any food service establishment may
6 remove or cause to be removed from such establishment, in the
7 manner provided in this section, any guest of the
8 establishment who, while on the premises of the establishment,
9 illegally possesses or deals in controlled substances as
10 defined in chapter 893 or is intoxicated, profane, lewd, or
11 brawling; who indulges in any language or conduct that
12 disturbs the peace and comfort of other guests or that injures
13 the reputation, dignity, or standing of the establishment; who
14 fails to make payment for food, beverages, or services; or
15 who, in the opinion of the operator, is a person the continued
16 entertainment of whom would be detrimental to the
17 establishment. The admission to, or the removal from, such
18 establishment may not be based upon race, creed, color, sex,
19 physical disability, or national origin.
20 (2) The operator of the food service establishment
21 shall notify such guest that the establishment no longer
22 desires to entertain the guest and shall request that such
23 guest immediately depart from the establishment. Such notice
24 may be given orally or in writing. If the notice is in
25 writing, it shall be as follows:
26 "You are hereby notified that this establishment no
27 longer desires to entertain you as its guest, and you are
28 requested to leave at once. To remain after receipt of this
29 notice is a misdemeanor under the laws of this state."
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1 If such guest has paid in advance, the establishment shall, at
2 the time such notice is given, tender to such guest the unused
3 portion of the advance payment.
4 (3) Any guest who remains or attempts to remain in any
5 such establishment after being requested to leave is guilty of
6 a misdemeanor of the second degree, punishable as provided in
7 s. 775.082 or s. 775.083.
8 (4) If any person is illegally on the premises of any
9 food service establishment, the operator of such establishment
10 may call upon any law enforcement officer of this state for
11 assistance. It is the duty of such law enforcement officer,
12 upon the request of such operator, to place under arrest and
13 take into custody for violation of this section any guest who
14 violates subsection (3) in the presence of the officer. If a
15 warrant has been issued by the proper judicial officer for the
16 arrest of any violator of subsection (3), the officer shall
17 serve the warrant, arrest the person, and take the person into
18 custody. Upon arrest, with or without warrant, the guest will
19 be deemed to have given up any right to use or to have
20 abandoned such right of use of the premises, and the operator
21 of the establishment may then make such premises available to
22 other guests. However, the operator of the establishment
23 shall employ all reasonable and proper means to care for any
24 personal property that may be left on the premises by such
25 guest and shall refund any unused portion of moneys paid by
26 such guest for the use of such premises.
27 (5) The operator of a food service establishment may
28 refuse accommodations or service to any person whose conduct
29 on the premises of the establishment displays intoxication,
30 profanity, lewdness, or brawling; who indulges in language or
31 conduct such as to disturb the peace or comfort of other
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1 guests; who engages in illegal or disorderly conduct; who
2 illegally possesses or deals in controlled substances as
3 defined in chapter 893; or whose conduct constitutes a
4 nuisance. Such refusal may not be based upon race, creed,
5 color, sex, physical disability, or national origin.
6 (6) An operator may take a person into custody and
7 detain that person in a reasonable manner and for a reasonable
8 time if the operator has probable cause to believe that the
9 person was engaging in disorderly conduct in violation of s.
10 877.03 on the premises of the licensed establishment and that
11 such conduct was creating a threat to the life or safety of
12 the person or others. The operator shall call a law
13 enforcement officer to the scene immediately after detaining a
14 person under this subsection.
15 (7) A law enforcement officer may arrest, either on or
16 off the premises of the licensed establishment and without a
17 warrant, any person the officer has probable cause to believe
18 violated s. 877.03 on the premises of a licensed establishment
19 and, in the course of such violation, created a threat to the
20 life or safety of the person or others.
21 (8) An operator or a law enforcement officer who
22 detains a person under subsection (6) or makes an arrest under
23 subsection (7) is not civilly or criminally liable for false
24 arrest, false imprisonment, or unlawful detention on the basis
25 of any action taken in compliance with subsection (6) or
26 subsection (7).
27 (9) A person who resists the reasonable efforts of an
28 operator or a law enforcement officer to detain or arrest that
29 person in accordance with this section is guilty of a
30 misdemeanor of the first degree, punishable as provided in s.
31 775.082 or s. 775.083, unless the person did not know or did
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1 not have reason to know that the person seeking to make such
2 detention or arrest was the operator of the establishment or a
3 law enforcement officer.
4 (10) Any person who obtains food or other
5 accommodations having a value of less than $300 at any food
6 service establishment with intent to defraud the operator
7 thereof is guilty of a misdemeanor of the second degree,
8 punishable as provided in s. 775.082 or s. 775.083; if such
9 food or other accommodations have a value of $300 or more,
10 such person is guilty of a felony of the third degree,
11 punishable as provided in s. 775.082, s. 775.083, or s.
12 775.084.
13 (11) The operator of a food service establishment is
14 not under any obligation to accept for safekeeping any moneys,
15 securities, jewelry, precious stones, wearing apparel, goods,
16 or other property of any kind belonging to any guest, and, if
17 such are accepted for safekeeping, the operator is not liable
18 for the loss thereof unless such loss was the proximate result
19 of fault or negligence of the operator. However, the
20 liability of the operator shall be limited to $1,000 for such
21 loss, if the food service establishment gave a receipt for the
22 property (stating the value) on a form which stated, in type
23 large enough to be clearly noticeable, that the food service
24 establishment was not liable for any loss exceeding $1,000 and
25 was only liable for that amount if the loss was the proximate
26 result of fault or negligence of the operator.
27 (12) Any property with an identifiable owner which is
28 left in a food service establishment, other than property
29 belonging to a guest who has vacated the premises without
30 notice to the operator and with an outstanding account, which
31 property remains unclaimed after being held by the
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1 establishment for 90 days after written notice to the guest or
2 owner of the property, shall become the property of the
3 establishment. Property without an identifiable owner which is
4 found in a food service establishment is subject to the
5 provisions of chapter 705.
6 Section 8. Section 381.00746, Florida Statutes, is
7 created to read:
8 381.00746 Rules of evidence in prosecutions; theft of
9 personal property; process; penalties.--
10 (1) In prosecutions under s. 381.00744, proof that
11 food or other accommodations were obtained by false pretense;
12 by false or fictitious show of property; by absconding without
13 paying or offering to pay for such food or accommodations; or
14 by surreptitiously removing or attempting to remove personal
15 belongings shall constitute prima facie evidence of fraudulent
16 intent. If the operator of the establishment has probable
17 cause to believe, and does believe, that any person has
18 obtained food or other accommodations at such establishment
19 with intent to defraud the operator thereof, the failure to
20 make payment upon demand therefor, there being no dispute as
21 to the amount owed, shall constitute prima facie evidence of
22 fraudulent intent in such prosecutions.
23 (2) Any law enforcement officer or operator of a food
24 service establishment who has probable cause to believe that
25 theft of personal property belonging to such establishment has
26 been committed by a person and that the officer or operator
27 can recover such property or the reasonable value thereof by
28 taking the person into custody may, for the purpose of
29 attempting to effect such recovery or for prosecution, take
30 such person into custody on the premises and detain such
31 person in a reasonable manner and for a reasonable period of
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1 time. If the operator takes the person into custody, a law
2 enforcement officer shall be called to the scene immediately.
3 The taking into custody and detention by a law enforcement
4 officer or operator of a food service establishment, if done
5 in compliance with this subsection, does not render such law
6 enforcement officer or operator criminally or civilly liable
7 for false arrest, false imprisonment, or unlawful detention.
8 (3) Any law enforcement officer may arrest, either on
9 or off the premises and without warrant, any person if there
10 is probable cause to believe that person has committed theft
11 in a food service establishment.
12 (4) Any person who resists the reasonable effort of a
13 law enforcement officer or operator of a food service
14 establishment to recover property that the law enforcement
15 officer or operator had probable cause to believe had been
16 stolen from the food service establishment, and who is
17 subsequently found to be guilty of theft of the subject
18 property, is guilty of a misdemeanor of the first degree,
19 punishable as provided in s. 775.082 or s. 775.083, unless
20 such person did not know, or did not have reason to know, that
21 the person seeking to recover the property was a law
22 enforcement officer or the operator. For purposes of this
23 section, the charge of theft and the charge of resisting
24 apprehension may be tried concurrently.
25 (5) Theft of any property belonging to a guest of a
26 food service establishment, or of property belonging to such
27 establishment, by an employee of the establishment or by an
28 employee of a person, firm, or entity that has contracted to
29 provide services to the establishment constitutes a felony of
30 the third degree, punishable as provided in s. 775.082 or s.
31 775.083.
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1 Section 9. Section 381.0101, Florida Statutes, 1998
2 Supplement, is amended to read:
3 381.0101 Environmental health professionals.--
4 (1) LEGISLATIVE INTENT.--Persons responsible for
5 providing technical and scientific evaluations of
6 environmental health and sanitary conditions in business
7 establishments and communities throughout the state may create
8 a danger to the public health if they are not skilled or
9 competent to perform such evaluations. The public relies on
10 the judgment of environmental health professionals employed by
11 both government agencies and industries to assure them that
12 environmental hazards are identified and removed before they
13 endanger the health or safety of the public. The purpose of
14 this section is to assure the public that persons specifically
15 responsible for performing environmental health and sanitary
16 evaluations have been certified by examination as competent to
17 perform such work.
18 (2) DEFINITIONS.--As used in this section:
19 (a) "Board" means the Environmental Health
20 Professionals Advisory Board.
21 (b) "Department" means the Department of Health.
22 (c) "Environmental health" means that segment of
23 public health work which deals with the examination of those
24 factors in the human environment which may impact adversely on
25 the health status of an individual or the public.
26 (d) "Environmental health professional" means a person
27 who is employed or assigned the responsibility for assessing
28 the environmental health or sanitary conditions, as defined by
29 the department, within a building, on an individual's
30 property, or within the community at large, and who has the
31 knowledge, skills, and abilities to carry out these tasks.
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1 Environmental health professionals may be either field,
2 supervisory, or administrative staff members.
3 (e) "Certified" means a person who has displayed
4 competency to perform evaluations of environmental or sanitary
5 conditions through examination.
6 (f) "Registered sanitarian," "R.S.," "Registered
7 Environmental Health Specialist," or "R.E.H.S." means a person
8 who has been certified by either the National Environmental
9 Health Association or the Florida Environmental Health
10 Association as knowledgeable in the environmental health
11 profession.
12 (g) "Primary environmental health program" means those
13 programs determined by the department to be essential for
14 providing basic environmental and sanitary protection to the
15 public. At a minimum, these programs shall include food
16 protection program work and onsite sewage treatment and
17 disposal system evaluations.
18 (3) CERTIFICATION REQUIRED.--No person shall perform
19 environmental health or sanitary evaluations in any primary
20 program area of environmental health without being certified
21 by the department as competent to perform such evaluations.
22 The requirements of this section shall not be mandatory for
23 persons performing inspections of public food service
24 establishments licensed under chapter 509.
25 (4) ENVIRONMENTAL HEALTH PROFESSIONALS ADVISORY
26 BOARD.--The State Health Officer shall appoint an advisory
27 board to assist the department in the adoption promulgation of
28 rules for certification, testing, establishing standards,
29 including establishing requirements for field standardizing of
30 environmental health professionals, and seeking enforcement
31 actions against certified professionals.
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1 (a) The board shall be comprised of the Division
2 Director for Environmental Health or his or her designee, one
3 individual who will be certified under this section, one
4 individual not employed in a governmental capacity who will or
5 does employ a certified environmental health professional, one
6 individual whose business is or will be evaluated by a
7 certified environmental health professional, a citizen of the
8 state who neither employs nor is routinely evaluated by a
9 person certified under this section.
10 (b) The board shall advise the department as to the
11 minimum disciplinary guidelines and standards of competency
12 and proficiency necessary to obtain certification in a primary
13 area of environmental health practice.
14 1. The board shall recommend primary areas of
15 environmental health practice in which environmental health
16 professionals should be required to obtain certification.
17 2. The board shall recommend minimum standards of
18 practice which the department shall incorporate into rule.
19 3. The board shall evaluate and recommend to the
20 department existing registrations and certifications which
21 meet or exceed minimum department standards and should,
22 therefore, exempt holders of such certificates or
23 registrations from compliance with this section.
24 4. The board shall hear appeals of certificate
25 denials, revocation, or suspension and shall advise the
26 department as to the disposition of such an appeal.
27 5. The board shall meet as often as necessary, but no
28 less than semiannually, handle appeals to the department, and
29 conduct other duties of the board.
30
31
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1 6. Members of the board shall receive no compensation
2 but are entitled to reimbursement for per diem and travel
3 expenses in accordance with s. 112.061.
4 (5) STANDARDS FOR CERTIFICATION.--The department shall
5 adopt rules that establish minimum standards of education,
6 training, or experience for those persons subject to this
7 section. The rules shall also address the process for
8 application, examination, issuance, expiration, and renewal of
9 certification and ethical standards of practice for the
10 profession.
11 (a) Persons employed as environmental health
12 professionals shall exhibit a knowledge of rules and
13 principles of environmental and public health law in Florida
14 through examination. A person may not conduct environmental
15 health evaluations in a primary program area unless he or she
16 is currently certified in that program area or works under the
17 direct supervision of a certified environmental health
18 professional.
19 1. All persons who begin employment in a primary
20 environmental health program on or after September 21, 1994,
21 must be certified in that program within 6 months after
22 employment.
23 2. Persons employed in a primary environmental health
24 program prior to September 21, 1994, shall be considered
25 certified while employed in that position and shall be
26 required to adhere to any professional standards established
27 by the department pursuant to paragraph (b), complete any
28 continuing education requirements imposed under paragraph (d),
29 and pay the certificate renewal fee imposed under subsection
30 (7).
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1 3. Persons employed in a primary environmental health
2 program prior to September 21, 1994, who change positions or
3 program areas and transfer into another primary environmental
4 health program area on or after September 21, 1994, must be
5 certified in that program within 6 months after such transfer,
6 except that they will not be required to possess the college
7 degree required under paragraph (e).
8 4. Registered sanitarians shall be considered
9 certified and shall be required to adhere to any professional
10 standards established by the department pursuant to paragraph
11 (b).
12 (b) At a minimum, the department shall establish
13 standards for professionals in the areas of food hygiene and
14 onsite sewage treatment and disposal.
15 (c) Those persons conducting primary environmental
16 health evaluations shall be certified by examination to be
17 knowledgeable in any primary area of environmental health in
18 which they are routinely assigned duties.
19 (d) Persons who are certified shall renew their
20 certification biennially by completing not less than 24
21 contact hours of continuing education for each program area in
22 which they maintain certification.
23 (e) Applicants for certification shall have graduated
24 from an accredited 4-year college or university with a degree
25 or major coursework in public health, environmental health,
26 environmental science, or a physical or biological science.
27 (f) A certificateholder shall notify the department
28 within 60 days after any change of name or address from that
29 which appears on the current certificate.
30 (6) EXEMPTIONS.--A person who conducts primary
31 environmental evaluation activities and maintains a current
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1 registration or certification from another state agency which
2 examined the person's knowledge of the primary program area
3 and requires comparable continuing education to maintain the
4 certificate shall not be required to be certified by this
5 section. Examples of persons not subject to certification are
6 physicians, registered dietitians, certified laboratory
7 personnel, and nurses.
8 (7) FEES.--The department shall charge fees in amounts
9 necessary to meet the cost of providing certification. Fees
10 for certification shall be not less than $10 or more than $300
11 and shall be set by rule. Application, examination, and
12 certification costs shall be included in this fee. Fees for
13 renewal of a certificate shall be no less than $25 nor more
14 than $150 per biennium.
15 (8) PENALTIES.--The department may deny, suspend, or
16 revoke a certificate or impose an administrative fine of up to
17 $500 for each violation of this section or a rule adopted
18 under this section or may pursue any other enforcement action
19 authorized by law. Any person who has had a certificate
20 revoked may not conduct environmental health evaluations in a
21 primary program area for a minimum of 5 years from the date of
22 revocation.
23 Section 10. Subsection (4) of section 399.01, Florida
24 Statutes, is amended to read:
25 399.01 Definitions.--As used in this chapter, the
26 term:
27 (4) "Division" means the Division of Public Lodging
28 Hotels and Restaurants of the Department of Business and
29 Professional Regulation.
30 Section 11. Section 509.013, Florida Statutes, is
31 amended to read:
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1 509.013 Definitions.--As used in this chapter, the
2 term:
3 (1) "Division" means the Division of Public Lodging
4 Hotels and Restaurants of the Department of Business and
5 Professional Regulation.
6 (2) "Operator" means the owner, licensee, proprietor,
7 lessee, manager, assistant manager, or appointed agent of a
8 public lodging establishment or public food service
9 establishment.
10 (3) "Guest" means any patron, customer, tenant,
11 lodger, boarder, or occupant of a public lodging establishment
12 or public food service establishment.
13 (4)(a) "Public lodging establishment" means any unit,
14 group of units, dwelling, building, or group of buildings
15 within a single complex of buildings, which is rented to
16 guests more than three times in a calendar year for periods of
17 less than 30 days or 1 calendar month, whichever is less, or
18 which is advertised or held out to the public as a place
19 regularly rented to guests. License classifications of public
20 lodging establishments, and the definitions therefor, are set
21 out in s. 509.242. For the purpose of licensure, the term
22 does not include condominium common elements as defined in s.
23 718.103.
24 (b) The following are excluded from the definition in
25 paragraph (a):
26 1. Any dormitory or other living or sleeping facility
27 maintained by a public or private school, college, or
28 university for the use of students, faculty, or visitors;
29 2. Any hospital, nursing home, sanitarium, assisted
30 living facility, or other similar place;
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1 3. Any place renting four rental units or less, unless
2 the rental units are advertised or held out to the public to
3 be places that are regularly rented to transients;
4 4. Any unit or group of units in a condominium,
5 cooperative, or timeshare plan and any individually or
6 collectively owned one-family, two-family, three-family, or
7 four-family dwelling house or dwelling unit that is rented for
8 periods of at least 30 days or 1 calendar month, whichever is
9 less, and that is not advertised or held out to the public as
10 a place regularly rented for periods of less than 1 calendar
11 month, provided that no more than four rental units within a
12 single complex of buildings are available for rent;
13 5. Any migrant labor camp or residential migrant
14 housing permitted by the Department of Health and
15 Rehabilitative Services; under ss. 381.008-381.00895; and
16 6. Any establishment inspected by the Department of
17 Health and Rehabilitative Services and regulated by chapter
18 513.
19 (5)(a) "Public food service establishment" means any
20 building, vehicle, place, or structure, or any room or
21 division in a building, vehicle, place, or structure where
22 food is prepared, served, or sold for immediate consumption on
23 or in the vicinity of the premises; called for or taken out by
24 customers; or prepared prior to being delivered to another
25 location for consumption.
26 (b) The following are excluded from the definition in
27 paragraph (a):
28 1. Any place maintained and operated by a public or
29 private school, college, or university:
30 a. For the use of students and faculty; or
31
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1 b. Temporarily to serve such events as fairs,
2 carnivals, and athletic contests.
3 2. Any eating place maintained and operated by a
4 church or a religious, nonprofit fraternal, or nonprofit civic
5 organization:
6 a. For the use of members and associates; or
7 b. Temporarily to serve such events as fairs,
8 carnivals, or athletic contests.
9 3. Any eating place located on an airplane, train,
10 bus, or watercraft which is a common carrier.
11 4. Any eating place maintained by a hospital, nursing
12 home, sanitarium, assisted living facility, adult day care
13 center, or other similar place that is regulated under s.
14 381.0072.
15 5. Any place of business issued a permit or inspected
16 by the Department of Agriculture and Consumer Services under
17 s. 500.12.
18 6. Any place of business where the food available for
19 consumption is limited to ice, beverages with or without
20 garnishment, popcorn, or prepackaged items sold without
21 additions or preparation.
22 7. Any theater, if the primary use is as a theater and
23 if patron service is limited to food items customarily served
24 to the admittees of theaters.
25 8. Any vending machine that dispenses any food or
26 beverages other than potentially hazardous foods, as defined
27 by division rule.
28 9. Any vending machine that dispenses potentially
29 hazardous food and which is located in a facility regulated
30 under s. 381.0072.
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1 10. Any research and development test kitchen limited
2 to the use of employees and which is not open to the general
3 public.
4 (5)(6) "Director" means the Director of the Division
5 of Public Lodging Hotels and Restaurants of the Department of
6 Business and Professional Regulation.
7 (6)(7) "Single complex of buildings" means all
8 buildings or structures that are owned, managed, controlled,
9 or operated under one business name and are situated on the
10 same tract or plot of land that is not separated by a public
11 street or highway.
12 (8) "Temporary food service event" means any event of
13 30 days or less in duration where food is prepared, served, or
14 sold to the general public.
15 (7)(9) "Theme park or entertainment complex" means a
16 complex comprised of at least 25 contiguous acres owned and
17 controlled by the same business entity and which contains
18 permanent exhibitions and a variety of recreational activities
19 and has a minimum of 1 million visitors annually.
20 (8)(10) "Transient establishment" means any public
21 lodging establishment that is rented or leased to guests by an
22 operator whose intention is that such guests' occupancy will
23 be temporary.
24 (9)(11) "Transient occupancy" means occupancy when it
25 is the intention of the parties that the occupancy will be
26 temporary. There is a rebuttable presumption that, when the
27 dwelling unit occupied is the sole residence of the guest, the
28 occupancy is nontransient. There is a rebuttable presumption
29 that, when the dwelling unit occupied is not the sole
30 residence of the guest, the occupancy is transient.
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1 (10)(12) "Transient" means a guest in transient
2 occupancy.
3 Section 12. Subsection (12) of section 159.27, Florida
4 Statutes, 1998 Supplement, is amended to read:
5 159.27 Definitions.--The following words and terms,
6 unless the context clearly indicates a different meaning,
7 shall have the following meanings:
8 (12) "Public lodging or restaurant facility" means
9 property used for any public lodging establishment as defined
10 in s. 509.242 or public food service establishment as defined
11 in s. 381.0072 s. 509.013(5) if it is part of the complex of,
12 or necessary to, another facility qualifying under this part.
13 Section 13. Paragraphs (b) and (c) of subsection (5),
14 subsection (6), and paragraph (b) of subsection (10) of
15 section 316.1955, Florida Statutes, 1998 Supplement, are
16 amended to read:
17 316.1955 Parking spaces for persons who have
18 disabilities.--
19 (5) Accessible perpendicular and diagonal accessible
20 parking spaces and loading zones must be designed and located
21 in conformance with the guidelines set forth in ADAAG ss.
22 4.1.2 and 4.6 and Appendix s. A4.6.3 "Universal Parking
23 Design."
24 (b) Each space must be located on the shortest safely
25 accessible route from the parking space to an accessible
26 entrance. If there are multiple entrances or multiple retail
27 stores, the parking spaces must be dispersed to provide
28 parking at the nearest accessible entrance. If a theme park
29 or an entertainment complex as defined in s. 509.013 s.
30 509.013(9) provides parking in several lots or areas from
31 which access to the theme park or entertainment complex is
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1 provided, a single lot or area may be designated for parking
2 by persons who have disabilities, if the lot or area is
3 located on the shortest safely accessible route to an
4 accessible entrance to the theme park or entertainment complex
5 or to transportation to such an accessible entrance.
6 (c)1. Each parking space must be no less than 12 feet
7 wide. Parking access aisles must be no less than 5 feet wide
8 and must be part of an accessible route to the building or
9 facility entrance. In accordance with ADAAG s. 4.6.3, access
10 aisles must be placed adjacent to accessible parking spaces;
11 however, two accessible parking spaces may share a common
12 access aisle. The access aisle must be striped diagonally to
13 designate it as a no-parking zone.
14 2. The parking access aisles are reserved for the
15 temporary exclusive use of persons who have disabled parking
16 permits and who require extra space to deploy a mobility
17 device, lift, or ramp in order to exit from or enter a
18 vehicle. Parking is not allowed in an access aisle. Violators
19 are subject to the same penalties that are imposed for
20 illegally parking in parking spaces that are designated for
21 persons who have disabilities. A vehicle may not be parked in
22 an access aisle, even if the vehicle owner or passenger is
23 disabled or owns a disabled parking permit.
24 3. Any provision of this subsection to the contrary
25 notwithstanding, a theme park or an entertainment complex as
26 defined in s. 509.013 s. 509.013(9) in which are provided
27 continuous attendant services for directing individuals to
28 marked accessible parking spaces or designated lots for
29 parking by persons who have disabilities, may, in lieu of the
30 required parking space design, provide parking spaces that
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1 comply with ss. 4.1 and 4.6 of the Americans with Disabilities
2 Act Accessibility Guidelines.
3 (6) Each such parking space must be prominently
4 outlined with blue paint, and must be repainted when
5 necessary, to be clearly distinguishable as a parking space
6 designated for persons who have disabilities and must be
7 posted with a permanent above-grade sign of a color and design
8 approved by the Department of Transportation, which is placed
9 on or at a distance of 84 inches above the ground to the
10 bottom of the sign and which bears the international symbol of
11 accessibility meeting the requirements of ADAAG s. 4.30.7 and
12 the caption "PARKING BY DISABLED PERMIT ONLY." Such a sign
13 erected after October 1, 1996, must indicate the penalty for
14 illegal use of the space. Any provision of this section to the
15 contrary notwithstanding, in a theme park or an entertainment
16 complex as defined in s. 509.013 s. 509.013(9) in which
17 accessible parking is located in designated lots or areas, the
18 signage indicating the lot as reserved for accessible parking
19 may be located at the entrances to the lot in lieu of a sign
20 at each parking place. This subsection does not relieve the
21 owner of the responsibility of complying with the signage
22 requirements of ADAAG s. 4.30.
23 (10)
24 (b) Notwithstanding paragraph (a), a theme park or an
25 entertainment complex as defined in s. 509.013 s. 509.013(9)
26 which provides parking in designated areas for persons who
27 have disabilities may allow any vehicle that is transporting a
28 person who has a disability to remain parked in a space
29 reserved for persons who have disabilities throughout the
30 period the theme park is open to the public for that day.
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1 Section 14. Subsection (6) of section 404.056, Florida
2 Statutes, 1998 Supplement, is amended to read:
3 404.056 Environmental radiation standards and
4 programs; radon protection.--
5 (6) NOTIFICATION ON REAL ESTATE DOCUMENTS.--By January
6 1, 1989, notification shall be provided on at least one
7 document, form, or application executed at the time of, or
8 prior to, contract for sale and purchase of any building or
9 execution of a rental agreement for any building. Such
10 notification shall contain the following language:
11
12 "RADON GAS: Radon is a naturally occurring radioactive
13 gas that, when it has accumulated in a building in sufficient
14 quantities, may present health risks to persons who are
15 exposed to it over time. Levels of radon that exceed federal
16 and state guidelines have been found in buildings in Florida.
17 Additional information regarding radon and radon testing may
18 be obtained from your county health department."
19
20 The requirements of this subsection do not apply to any
21 residential transient occupancy, as described in s. 509.013 s.
22 509.013(11), provided that such occupancy is 45 days or less
23 in duration.
24 Section 15. Subsection (5) of section 500.12, Florida
25 Statutes, as amended by section 1 of chapter 98-13, Laws of
26 Florida, and section 14 of chapter 98-396, Laws of Florida, is
27 amended to read:
28 500.12 Food permits; building permits.--
29 (5) It is the intent of the Legislature to eliminate
30 duplication of regulatory inspections of food. Regulatory and
31
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1 permitting authority over any food establishment is preempted
2 to the department, except as provided in chapters 370 and 372.
3 (a) Food establishments or retail food stores that
4 have ancillary food service activities shall be permitted and
5 inspected by the department.
6 (b) Food service establishments, as defined in s.
7 381.0072, that have ancillary, prepackaged retail food sales
8 shall be regulated by the Department of Health and
9 Rehabilitative Services.
10 (c) Public food service establishments, as defined in
11 s. 509.013, which have ancillary, prepackaged retail food
12 sales shall be licensed and inspected by the Department of
13 Business and Professional Regulation.
14 (c)(d) The department and the Department of Health
15 Business and Professional Regulation shall cooperate to assure
16 equivalency of inspection and enforcement and to share
17 information on those establishments identified in paragraphs
18 (a) and (b) (c) and to address any other areas of potential
19 duplication. The department and the Department of Health
20 Business and Professional Regulation are authorized to adopt
21 rules to enforce statutory requirements under their purview
22 regarding foods.
23 Section 16. Section 717.1355, Florida Statutes, is
24 amended to read:
25 717.1355 Theme park and entertainment complex
26 tickets.--This chapter does not apply to any tickets for
27 admission to a theme park or entertainment complex as defined
28 in s. 509.013 s. 509.013(9), or to any tickets to a permanent
29 exhibition or recreational activity within such theme park or
30 entertainment complex.
31
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1 Section 17. Subsection (8) of section 877.24, Florida
2 Statutes, is amended to read:
3 877.24 Nonapplication of s. 877.22.--Section 877.22
4 does not apply to a minor who is:
5 (8) Attending an organized event held at and sponsored
6 by a theme park or entertainment complex as defined in s.
7 509.013 s. 509.013(9).
8 Section 18. Section 509.032, Florida Statutes, 1998
9 Supplement, is amended to read:
10 509.032 Duties.--
11 (1) GENERAL.--The division shall carry out all of the
12 provisions of this chapter and all other applicable laws and
13 rules relating to the inspection or regulation of public
14 lodging establishments and public food service establishments
15 for the purpose of safeguarding the public health, safety, and
16 welfare. The division shall be responsible for ascertaining
17 that an operator licensed under this chapter does not engage
18 in any misleading advertising or unethical practices.
19 (2) INSPECTION OF PREMISES.--
20 (a) The division has responsibility and jurisdiction
21 for all inspections required by this chapter. The division
22 has responsibility for quality assurance. Each licensed
23 establishment shall be inspected at least biannually and at
24 such other times as the division determines is necessary to
25 ensure the public's health, safety, and welfare. The division
26 shall establish a system to determine inspection frequency.
27 Public lodging units classified as resort condominiums or
28 resort dwellings are not subject to this requirement, but
29 shall be made available to the division upon request. If,
30 during the inspection of a public lodging establishment
31 classified for renting to transient or nontransient tenants,
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1 an inspector identifies disabled adults or elderly persons who
2 appear to be victims of neglect, as defined in s. 415.102, or,
3 in the case of a building that is not equipped with automatic
4 sprinkler systems, tenants or clients who may be unable to
5 self-preserve in an emergency, the division shall convene
6 meetings with the following agencies as appropriate to the
7 individual situation: the Department of Health, the Department
8 of Children and Family and Rehabilitative Services, the
9 Department of Elderly Affairs, the area agency on aging, the
10 local fire marshal, the landlord and affected tenants and
11 clients, and other relevant organizations, to develop a plan
12 which improves the prospects for safety of affected residents
13 and, if necessary, identifies alternative living arrangements
14 such as facilities licensed under part II or part III of
15 chapter 400.
16 (b) For purposes of performing required inspections
17 and the enforcement of this chapter, the division has the
18 right of entry and access to public lodging establishments and
19 public food service establishments at any reasonable time.
20 (c) Public food service establishment inspections
21 shall be conducted to enforce provisions of this part and to
22 educate, inform, and promote cooperation between the division
23 and the establishment.
24 (d) The division shall adopt and enforce sanitation
25 rules consistent with law to ensure the protection of the
26 public from food-borne illness in those establishments
27 licensed under this chapter. These rules shall provide the
28 standards and requirements for obtaining, storing, preparing,
29 processing, serving, or displaying food in public food service
30 establishments, approving public food service establishment
31 facility plans, conducting necessary public food service
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1 establishment inspections, cooperating and coordinating with
2 the Department of Health and Rehabilitative Services in
3 epidemiological investigations, and initiating enforcement
4 actions, and for other such responsibilities deemed necessary
5 by the division.
6 (c)1.(e)1. Relating to facility plan approvals, the
7 division may establish, by rule, fees for conducting plan
8 reviews and may grant variances from construction standards in
9 hardship cases, which variances may be less restrictive than
10 the provisions specified in this section or the rules adopted
11 under this section. A variance may not be granted pursuant to
12 this section until the division is satisfied that:
13 a. The variance shall not adversely affect the health
14 of the public.
15 b. No reasonable alternative to the required
16 construction exists.
17 c. The hardship was not caused intentionally by the
18 action of the applicant.
19 2. The division's advisory council shall review
20 applications for variances and recommend agency action. The
21 division shall make arrangements to expedite emergency
22 requests for variances, to ensure that such requests are acted
23 upon within 30 days of receipt.
24 3. The division shall establish, by rule, a fee for
25 the cost of the variance process. Such fee shall not exceed
26 $150 for routine variance requests and $300 for emergency
27 variance requests.
28 (d)(f) In conducting inspections of establishments
29 licensed under this chapter, the division shall determine if
30 each coin-operated amusement machine that is operated on the
31 premises of a licensed establishment is properly registered
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1 with the Department of Revenue. Each month the division shall
2 report to the Department of Revenue the sales tax registration
3 number of the operator of any licensed establishment that has
4 on location a coin-operated amusement machine and that does
5 not have an identifying certificate conspicuously displayed as
6 required by s. 212.05(1)(j).
7 (g) In inspecting public food service establishments,
8 the department shall provide each inspected establishment with
9 the food-recovery brochure developed under s. 570.0725.
10 (3) SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD
11 SERVICE EVENTS.--The division shall:
12 (a) Prescribe sanitary standards which shall be
13 enforced in public lodging food service establishments.
14 (b) Inspect public lodging establishments periodically
15 and public food service establishments whenever necessary to
16 respond to an emergency or epidemiological condition.
17 (c) Administer a public notification process for
18 temporary food service events and distribute educational
19 materials that address safe food storage, preparation, and
20 service procedures.
21 1. Sponsors of temporary food service events shall
22 notify the division not less than 3 days prior to the
23 scheduled event of the type of food service proposed, the time
24 and location of the event, a complete list of food service
25 vendor owners and operators participating in each event, and
26 the current license numbers of all public food service
27 establishments participating in each event. Notification may
28 be completed orally, by telephone, in person, or in writing.
29 A public food service establishment or food service vendor may
30 not use this notification process to circumvent the license
31 requirements of this chapter.
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1 2. The division shall keep a record of all
2 notifications received for proposed temporary food service
3 events and shall provide appropriate educational materials to
4 the event sponsors, including the food-recovery brochure
5 developed under s. 570.0725.
6 3.a. A public food service establishment or other food
7 vendor must obtain a license from the division for each
8 temporary food service event in which it participates.
9 b. Public food service establishments holding current
10 licenses from the division may operate under the regulations
11 of such a license at temporary food service events of 3 days
12 or less in duration.
13 (4) STOP-SALE ORDERS.--The division may stop the sale,
14 and supervise the proper destruction, of any food or food
15 product when the director or the director's designee
16 determines that such food or food product represents a threat
17 to the public safety or welfare. If the operator of a public
18 food service establishment licensed under this chapter has
19 received official notification from a health authority that a
20 food or food product from that establishment has potentially
21 contributed to any instance or outbreak of food-borne illness,
22 the food or food product must be maintained in safe storage in
23 the establishment until the responsible health authority has
24 examined, sampled, seized, or requested destruction of the
25 food or food product.
26 (4)(5) REPORTS REQUIRED.--The division shall send the
27 Governor a written report, which shall state, but not be
28 limited to, the total number of inspections conducted by the
29 division to ensure the enforcement of sanitary standards, the
30 total number of inspections conducted in response to emergency
31 or epidemiological conditions, the number of violations of
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1 each sanitary standard, and any recommendations for improved
2 inspection procedures. The division shall also keep accurate
3 account of all expenses arising out of the performance of its
4 duties and all fees collected under this chapter. The report
5 shall be submitted by September 30 following the end of the
6 fiscal year.
7 (5)(6) RULEMAKING AUTHORITY.--The division shall adopt
8 such rules as are necessary to carry out the provisions of
9 this chapter.
10 (6)(7) PREEMPTION AUTHORITY.--The regulation and
11 inspection of public lodging establishments and public food
12 service establishments and the regulation of food safety
13 protection standards for required training and testing of food
14 service establishment personnel are preempted to the state.
15 Section 19. Section 509.035, Florida Statutes, is
16 amended to read:
17 509.035 Immediate closure due to severe public health
18 or safety threat.--The division shall, upon proper finding,
19 immediately issue an order to close an establishment licensed
20 under this chapter in the instance of a severe and immediate
21 public health or safety or welfare threat as follows:
22 (1)(a) The director shall declare a public health or
23 safety threat upon a proper finding by the State Health
24 Officer that the continued operation of a licensed public
25 lodging establishment presents a severe and immediate threat
26 to the public health or safety.
27 (b) The director shall declare a threat to the public
28 safety or welfare upon a proper finding by the director that
29 the continued operation of a licensed public lodging
30 establishment presents a severe and immediate threat to the
31 public safety or welfare.
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1 (2) Upon such determination, the division shall issue
2 a notice to show cause and an emergency order of suspension.
3 Such order shall be served upon the public lodging
4 establishment by the division or its agent, and the
5 establishment shall be closed. An operator who resists such
6 closure is subject to further administrative action by the
7 division and is punishable as provided in s. 509.281. The
8 division shall provide an inspection within 24 hours following
9 such closure and shall review all relevant information to
10 determine whether the facility has met the requirements to
11 resume operations.
12 (3) The division may attach a sign which states
13 "Closed to Protect Public Health and Safety" to such an
14 establishment and may require the licensee to immediately stop
15 service until notification to the contrary is provided by the
16 director.
17 (4) The division may further adopt rules for issuing
18 emergency orders after business hours and on weekends and
19 holidays in order to ensure the timely closure of an
20 establishment under this section.
21 Section 20. Section 509.072, Florida Statutes, is
22 amended to read:
23 509.072 Public Lodging Hotel and Restaurant Trust
24 Fund; collection and disposition of moneys received.--
25 (1) There is created a Public Lodging Hotel and
26 Restaurant Trust Fund to be used for the administration and
27 operation of the division and the carrying out of all laws and
28 rules under the jurisdiction of the division pertaining to the
29 construction, maintenance, and operation of public lodging
30 establishments and public food service establishments,
31 including the inspection of elevators as required under
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1 chapter 399. All funds collected by the division and the
2 amounts paid for licenses and fees shall be deposited in the
3 State Treasury into the Public Lodging Hotel and Restaurant
4 Trust Fund.
5 (2) Fees collected under s. 509.302(3) and deposited
6 into the trust fund must be used solely for the purpose of
7 funding the Hospitality Education Program, except for any
8 trust fund service charge imposed by s. 215.20, and may not be
9 used to pay for any expense of the division not directly
10 attributable to the Hospitality Education Program. These
11 funds may not be deposited or transferred into any other trust
12 fund administered by the Department of Business and
13 Professional Regulation or any of its divisions. For audit
14 purposes, fees collected under s. 509.302(3) and all charges
15 against those fees must be maintained by the department as a
16 separate ledger.
17 Section 21. Section 509.091, Florida Statutes, is
18 amended to read:
19 509.091 Notices; form and service.--Each notice served
20 by the division pursuant to this chapter must be in writing
21 and must be delivered personally by an agent of the division
22 or by registered letter to the operator of the public lodging
23 establishment or public food service establishment. If the
24 operator refuses to accept service or evades service or the
25 agent is otherwise unable to effect service after due
26 diligence, the division may post such notice in a conspicuous
27 place at the establishment.
28 Section 22. Section 509.092, Florida Statutes, is
29 amended to read:
30 509.092 Public lodging establishments and public food
31 service establishments; rights as private enterprises.--Public
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1 lodging establishments and public food service establishments
2 are private enterprises, and the operator has the right to
3 refuse accommodations or service to any person who is
4 objectionable or undesirable to the operator, but such refusal
5 may not be based upon race, creed, color, sex, physical
6 disability, or national origin. A person aggrieved by a
7 violation of this section or a violation of a rule adopted
8 under this section has a right of action pursuant to s.
9 760.11.
10 Section 23. Section 509.101, Florida Statutes, is
11 amended to read:
12 509.101 Establishment rules; posting of notice; food
13 service inspection report; maintenance of guest register;
14 mobile food dispensing vehicle registry.--
15 (1) Any operator of a public lodging establishment or
16 a public food service establishment may establish reasonable
17 rules and regulations for the management of the establishment
18 and its guests and employees; and each guest or employee
19 staying, sojourning, eating, or employed in the establishment
20 shall conform to and abide by such rules and regulations so
21 long as the guest or employee remains in or at the
22 establishment. Such rules and regulations shall be deemed to
23 be a special contract between the operator and each guest or
24 employee using the services or facilities of the operator.
25 Such rules and regulations shall control the liabilities,
26 responsibilities, and obligations of all parties. Any rules
27 or regulations established pursuant to this section shall be
28 printed in the English language and posted in a prominent
29 place within such public lodging establishment or public food
30 service establishment. Such posting shall also include notice
31 that a current copy of this chapter is available in the office
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1 for public review. In addition, any operator of a public food
2 service establishment shall maintain the latest food service
3 inspection report or a duplicate copy on premises and shall
4 make it available to the public upon request.
5 (2) It is the duty of each operator of a transient
6 establishment to maintain at all times a register, signed by
7 or for guests who occupy rental units within the
8 establishment, showing the dates upon which the rental units
9 were occupied by such guests and the rates charged for their
10 occupancy. This register shall be maintained in chronological
11 order and available for inspection by the division at any
12 time. Operators need not make available registers which are
13 more than 2 years old. Each operator shall maintain at all
14 times a current copy of this chapter in the office of the
15 licensed establishment which shall be made available to the
16 public upon request.
17 (3) It is the duty of each operator of a public food
18 service establishment that provides commissary services to
19 maintain a daily registry verifying that each mobile food
20 dispensing vehicle that receives such services is properly
21 licensed by the division. In order that such licensure may be
22 readily verified, each mobile food dispensing vehicle operator
23 shall permanently affix in a prominent place on the side of
24 the vehicle, in figures at least 2 inches high and in
25 contrasting colors from the background, the operator's public
26 food service establishment license number. Prior to providing
27 commissary services, each public food service establishment
28 must verify that the license number displayed on the vehicle
29 matches the number on the vehicle operator's public food
30 service establishment license.
31
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1 Section 24. Section 509.141, Florida Statutes, is
2 amended to read:
3 509.141 Refusal of admission and ejection of
4 undesirable guests; notice; procedure; penalties for refusal
5 to leave.--
6 (1) The operator of any public lodging establishment
7 or public food service establishment may remove or cause to be
8 removed from such establishment, in the manner hereinafter
9 provided in this section, any guest of the establishment who,
10 while on the premises of the establishment, illegally
11 possesses or deals in controlled substances as defined in
12 chapter 893 or is intoxicated, profane, lewd, or brawling; who
13 indulges in any language or conduct which disturbs the peace
14 and comfort of other guests or which injures the reputation,
15 dignity, or standing of the establishment; who, in the case of
16 a public lodging establishment, fails to make payment of rent
17 at the agreed-upon rental rate by the agreed-upon checkout
18 time; who, in the case of a public lodging establishment,
19 fails to check out by the time agreed upon in writing by the
20 guest and public lodging establishment at check-in unless an
21 extension of time is agreed to by the public lodging
22 establishment and guest prior to checkout; who, in the case of
23 a public food service establishment, fails to make payment for
24 food, beverages, or services; or who, in the opinion of the
25 operator, is a person the continued entertainment of whom
26 would be detrimental to such establishment. The admission to,
27 or the removal from, such establishment shall not be based
28 upon race, creed, color, sex, physical disability, or national
29 origin.
30 (2) The operator of any public lodging establishment
31 or public food service establishment shall notify such guest
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1 that the establishment no longer desires to entertain the
2 guest and shall request that such guest immediately depart
3 from the establishment. Such notice may be given orally or in
4 writing. If the notice is in writing, it shall be as follows:
5 "You are hereby notified that this establishment no
6 longer desires to entertain you as its guest, and you are
7 requested to leave at once. To remain after receipt of this
8 notice is a misdemeanor under the laws of this state."
9
10 If such guest has paid in advance, the establishment shall, at
11 the time such notice is given, tender to such guest the unused
12 portion of the advance payment; however, the establishment may
13 withhold payment for each full day that the guest has been
14 entertained at the establishment for any portion of the
15 24-hour period of such day.
16 (3) Any guest who remains or attempts to remain in any
17 such establishment after being requested to leave is guilty of
18 a misdemeanor of the second degree, punishable as provided in
19 s. 775.082 or s. 775.083.
20 (4) If any person is illegally on the premises of any
21 public lodging establishment or public food service
22 establishment, the operator of such establishment may call
23 upon any law enforcement officer of this state for assistance.
24 It is the duty of such law enforcement officer, upon the
25 request of such operator, to place under arrest and take into
26 custody for violation of this section any guest who violates
27 subsection (3) in the presence of the officer. If a warrant
28 has been issued by the proper judicial officer for the arrest
29 of any violator of subsection (3), the officer shall serve the
30 warrant, arrest the person, and take the person into custody.
31 Upon arrest, with or without warrant, the guest will be deemed
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1 to have given up any right to occupancy or to have abandoned
2 such right of occupancy of the premises, and the operator of
3 the establishment may then make such premises available to
4 other guests. However, the operator of the establishment
5 shall employ all reasonable and proper means to care for any
6 personal property which may be left on the premises by such
7 guest and shall refund any unused portion of moneys paid by
8 such guest for the occupancy of such premises.
9 Section 25. Section 509.142, Florida Statutes, is
10 amended to read:
11 509.142 Conduct on premises; refusal of service.--The
12 operator of a public lodging establishment or public food
13 service establishment may refuse accommodations or service to
14 any person whose conduct on the premises of the establishment
15 displays intoxication, profanity, lewdness, or brawling; who
16 indulges in language or conduct such as to disturb the peace
17 or comfort of other guests; who engages in illegal or
18 disorderly conduct; who illegally possesses or deals in
19 controlled substances as defined in chapter 893; or whose
20 conduct constitutes a nuisance. Such refusal may not be based
21 upon race, creed, color, sex, physical disability, or national
22 origin.
23 Section 26. Subsection (1) of section 509.151, Florida
24 Statutes, is amended to read:
25 509.151 Obtaining food or lodging with intent to
26 defraud; penalty.--
27 (1) Any person who obtains food, lodging, or other
28 accommodations having a value of less than $300 at any public
29 food service establishment, or at any transient establishment,
30 with intent to defraud the operator thereof, is guilty of a
31 misdemeanor of the second degree, punishable as provided in s.
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1 775.082 or s. 775.083; if such food, lodging, or other
2 accommodations have a value of $300 or more, such person is
3 guilty of a felony of the third degree, punishable as provided
4 in s. 775.082, s. 775.083, or s. 775.084.
5 Section 27. Subsections (1), (2), and (3) of section
6 509.162, Florida Statutes, are amended to read:
7 509.162 Theft of personal property; detaining and
8 arrest of violator; theft by employee.--
9 (1) Any law enforcement officer or operator of a
10 public lodging establishment or public food service
11 establishment who has probable cause to believe that theft of
12 personal property belonging to such establishment has been
13 committed by a person and that the officer or operator can
14 recover such property or the reasonable value thereof by
15 taking the person into custody may, for the purpose of
16 attempting to effect such recovery or for prosecution, take
17 such person into custody on the premises and detain such
18 person in a reasonable manner and for a reasonable period of
19 time. If the operator takes the person into custody, a law
20 enforcement officer shall be called to the scene immediately.
21 The taking into custody and detention by a law enforcement
22 officer or operator of a public lodging establishment or
23 public food service establishment, if done in compliance with
24 this subsection, does not render such law enforcement officer
25 or operator criminally or civilly liable for false arrest,
26 false imprisonment, or unlawful detention.
27 (2) Any law enforcement officer may arrest, either on
28 or off the premises and without warrant, any person if there
29 is probable cause to believe that person has committed theft
30 in a public lodging establishment or in a public food service
31 establishment.
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1 (3) Any person who resists the reasonable effort of a
2 law enforcement officer or operator of a public lodging
3 establishment or public food service establishment to recover
4 property which the law enforcement officer or operator had
5 probable cause to believe had been stolen from the public
6 lodging establishment or public food service establishment,
7 and who is subsequently found to be guilty of theft of the
8 subject property, is guilty of a misdemeanor of the first
9 degree, punishable as provided in s. 775.082 or s. 775.083,
10 unless such person did not know, or did not have reason to
11 know, that the person seeking to recover the property was a
12 law enforcement officer or the operator. For purposes of this
13 section, the charge of theft and the charge of resisting
14 apprehension may be tried concurrently.
15 Section 28. Section 509.191, Florida Statutes, 1998
16 Supplement, is amended to read:
17 509.191 Unclaimed property.--Any property with an
18 identifiable owner which is left in a public lodging
19 establishment or public food service establishment, other than
20 property belonging to a guest who has vacated the premises
21 without notice to the operator and with an outstanding
22 account, which property remains unclaimed after being held by
23 the establishment for 30 days after written notice to the
24 guest or owner of the property, shall become the property of
25 the establishment. Property without an identifiable owner
26 which is found in a public lodging establishment or public
27 food service establishment is subject to the provisions of
28 chapter 705.
29 Section 29. Subsections (2) and (3) of section
30 509.211, Florida Statutes, are amended to read:
31 509.211 Safety regulations.--
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1 (2) The division, or its agent, shall immediately
2 notify the local firesafety authority or the State Fire
3 Marshal of any major violation of a rule adopted under chapter
4 633 which relates to public lodging establishments or public
5 food service establishments. The division may impose
6 administrative sanctions for violations of these rules
7 pursuant to s. 509.261 or may refer such violations to the
8 local firesafety authorities for enforcement.
9 (3)(a) It is unlawful for any person to use within any
10 public lodging establishment or public food service
11 establishment any fuel-burning wick-type equipment for space
12 heating unless such equipment is vented so as to prevent the
13 accumulation of toxic or injurious gases or liquids.
14 (b) Any person who violates the provisions of
15 paragraph (a) is guilty of a misdemeanor of the second degree,
16 punishable as provided in s. 775.082 or s. 775.083.
17 Section 30. Section 509.2112, Florida Statutes, is
18 amended to read:
19 509.2112 Public lodging establishments three stories
20 or more in height; inspection rules.--The Division of Public
21 Lodging Hotels and Restaurants of the Department of Business
22 and Professional Regulation is directed to provide rules to
23 require that:
24 (1) Every public lodging establishment that is three
25 stories or more in height in the state file a certificate
26 stating that any and all balconies, platforms, stairways, and
27 railways have been inspected by a person competent to conduct
28 such inspections and are safe, secure, and free of defects.
29 (2) The information required under subsection (1) be
30 filed commencing January 1, 1991, and every 3 years
31 thereafter, with the Division of Public Lodging Hotels and
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1 Restaurants and the applicable county or municipal authority
2 responsible for building and zoning permits.
3 (3) If a public lodging establishment that is three or
4 more stories in height fails to file the information required
5 in subsection (1), the Division of Public Lodging Hotels and
6 Restaurants shall impose administrative sanctions pursuant to
7 s. 509.261.
8 Section 31. Subsection (6) of section 509.215, Florida
9 Statutes, is amended to read:
10 509.215 Firesafety.--
11 (6)(a) Special exception to the provisions of this
12 section shall be made for a public lodging establishment
13 structure that is individually listed in the National Register
14 of Historic Places pursuant to the National Historic
15 Preservation Act of 1966, as amended; or is a contributing
16 property to a National Register-listed district; or is
17 designated as a historic property, or as a contributing
18 property to a historic district under the terms of a local
19 preservation ordinance.
20 (b) For such structures, provisions shall be made for
21 a system of fire protection and lifesafety support that would
22 meet the intent of the NFPA standards and be acceptable to,
23 and approved by, a task force composed of the director of the
24 Division of Public Lodging Hotels and Restaurants, the
25 director of the Division of State Fire Marshal, and the State
26 Historic Preservation Officer. When recommending alternative
27 systems, the task force shall consider systems which would not
28 disturb, destroy, or alter the integrity of such historic
29 structures. The director of the Division of State Fire Marshal
30 shall be designated chairperson of the task force and shall
31 record the minutes of each task force meeting, which shall be
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1 called in a timely manner to review requests for special
2 provision considerations under this subsection.
3 (c) The task force shall, no later than November 1,
4 1996, report to the President of the Senate and the Speaker of
5 the House of Representatives any legislative recommendations
6 for providing a standard system of fire protection and
7 lifesafety support alternatives for historic public lodging
8 establishments, including bed and breakfast inns, that would
9 meet the intent of the NFPA standards. In making its report
10 the task force shall consider which, if any, bed and breakfast
11 inn operations may be exempted from the firesafety
12 requirements of this section.
13 Section 32. Subsections (1), (2), and (5) of section
14 509.221, Florida Statutes, are amended to read:
15 509.221 Sanitary regulations.--
16 (1) Each public lodging establishment and each public
17 food service establishment shall be supplied with potable
18 water and shall provide adequate sanitary facilities for the
19 accommodation of its employees and guests. Such facilities may
20 include, but are not limited to, showers, handwash basins,
21 toilets, and bidets. Such sanitary facilities shall be
22 connected to approved plumbing. Such plumbing shall be sized,
23 installed, and maintained in accordance with applicable state
24 and local plumbing codes. Wastewater or sewage shall be
25 properly treated onsite or discharged into an approved sewage
26 collection and treatment system.
27 (2)(a) Each public lodging establishment and each
28 public food service establishment shall maintain not less than
29 one public bathroom for each sex, properly designated, unless
30 otherwise provided by rule. The division shall establish by
31 rule categories of establishments not subject to the bathroom
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1 requirement of this paragraph. Such rules may not alter the
2 exemption provided for theme parks in paragraph (b).
3 (b) Within a theme park or entertainment complex as
4 defined in s. 509.013 s. 509.013(9), the bathrooms are not
5 required to be in the same building as the public food service
6 establishment, so long as they are reasonably accessible.
7 (c) Each transient establishment that does not provide
8 private or connecting bathrooms shall maintain one public
9 bathroom on each floor for every 15 guests, or major fraction
10 of that number, rooming on that floor.
11 (5) Each transient establishment and each public food
12 service establishment shall provide in the main public
13 bathroom soap and clean towels or other approved hand-drying
14 devices and each public lodging establishment shall furnish
15 each guest with two clean individual towels so that two guests
16 will not be required to use the same towel unless it has first
17 been laundered.
18 Section 33. Section 509.241, Florida Statutes, is
19 amended to read:
20 509.241 Licenses required; exceptions.--
21 (1) LICENSES; ANNUAL RENEWALS.--Each public lodging
22 establishment must and public food service establishment shall
23 obtain a license from the division. Such license may not be
24 transferred from one place or individual to another. It shall
25 be a misdemeanor of the second degree, punishable as provided
26 in s. 775.082 or s. 775.083, for such an establishment to
27 operate without a license. Local law enforcement shall provide
28 immediate assistance in pursuing an illegally operating
29 establishment. The division may refuse a license, or a
30 renewal thereof, to any establishment that is not constructed
31 and maintained in accordance with law and with the rules of
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1 the division. The division may refuse to issue a license, or
2 a renewal thereof, to any establishment an operator of which,
3 within the preceding 5 years, has been adjudicated guilty of,
4 or has forfeited a bond when charged with, any crime
5 reflecting on professional character, including soliciting for
6 prostitution, pandering, letting premises for prostitution,
7 keeping a disorderly place, or illegally dealing in controlled
8 substances as defined in chapter 893, whether in this state or
9 in any other jurisdiction within the United States, or has had
10 a license denied, revoked, or suspended pursuant to s.
11 400.414. Licenses shall be renewed annually, and the division
12 shall adopt a rule establishing a staggered schedule for
13 license renewals. If any license expires while administrative
14 charges are pending against the license, the proceedings
15 against the license shall continue to conclusion as if the
16 license were still in effect.
17 (2) APPLICATION FOR LICENSE.--Each person who plans to
18 open a public lodging establishment must or a public food
19 service establishment shall apply for and receive a license
20 from the division prior to the commencement of operation. A
21 condominium association, as defined in s. 718.103, which does
22 not own any units classified as resort condominiums under s.
23 509.242(1)(c) shall not be required to apply for or receive a
24 public lodging establishment license.
25 (3) DISPLAY OF LICENSE.--Any license issued by the
26 division shall be conspicuously displayed in the office or
27 lobby of the licensed establishment. Public food service
28 establishments which offer catering services shall display
29 their license number on all advertising for catering services.
30 Section 34. Section 509.251, Florida Statutes, is
31 amended to read:
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1 509.251 License fees.--
2 (1) The division shall adopt, by rule, a schedule of
3 fees to be paid by each public lodging establishment as a
4 prerequisite to issuance or renewal of a license. Such fees
5 shall be based on the number of rental units in the
6 establishment but shall not exceed $1,000. Resort condominium
7 units within separate buildings or at separate locations but
8 managed by one licensed agent may be combined in a single
9 license application, and the division shall charge a license
10 fee as if all units in the application are in a single
11 licensed establishment. Resort dwelling units may be licensed
12 in the same manner as condominium units. The fee schedule
13 shall require an establishment which applies for an initial
14 license to pay the full license fee if application is made
15 during the annual renewal period or more than 6 months prior
16 to the next such renewal period and one-half of the fee if
17 application is made 6 months or less prior to such period.
18 The fee schedule shall include fees collected for the purpose
19 of funding the Hospitality Education Program, pursuant to s.
20 509.302, which are payable in full for each application
21 regardless of when the application is submitted.
22 (a) Upon making initial application or an application
23 for change of ownership, the applicant shall pay to the
24 division a fee as prescribed by rule, not to exceed $50, in
25 addition to any other fees required by law, which shall cover
26 all costs associated with initiating regulation of the
27 establishment.
28 (b) A license renewal filed with the division within
29 30 days after the expiration date shall be accompanied by a
30 delinquent fee as prescribed by rule, not to exceed $50, in
31 addition to the renewal fee and any other fees required by
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1 law. A license renewal filed with the division more than 30
2 but not more than 60 days after the expiration date shall be
3 accompanied by a delinquent fee as prescribed by rule, not to
4 exceed $100, in addition to the renewal fee and any other fees
5 required by law.
6 (2) The division shall adopt, by rule, a schedule of
7 fees to be paid by each public food service establishment as a
8 prerequisite to issuance or renewal of a license. The fee
9 schedule shall prescribe a basic fee and additional fees based
10 on seating capacity and services offered. The aggregate fee
11 per establishment charged any public food service
12 establishment may not exceed $400. The fee schedule shall
13 require an establishment which applies for an initial license
14 to pay the full license fee if application is made during the
15 annual renewal period or more than 6 months prior to the next
16 such renewal period and one-half of the fee if application is
17 made 6 months or less prior to such period. The fee schedule
18 shall include fees collected for the purpose of funding the
19 Hospitality Education Program, pursuant to s. 509.302, which
20 are payable in full for each application regardless of when
21 the application is submitted.
22 (a) Upon making initial application or an application
23 for change of ownership, the applicant shall pay to the
24 division a fee as prescribed by rule, not to exceed $50, in
25 addition to any other fees required by law, which shall cover
26 all costs associated with initiating regulation of the
27 establishment.
28 (b) A license renewal filed with the division within
29 30 days after the expiration date shall be accompanied by a
30 delinquent fee as prescribed by rule, not to exceed $50, in
31 addition to the renewal fee and any other fees required by
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1 law. A license renewal filed with the division more than 30
2 but not more than 60 days after the expiration date shall be
3 accompanied by a delinquent fee as prescribed by rule, not to
4 exceed $100, in addition to the renewal fee and any other fees
5 required by law.
6 (2)(3) The fact that a public food service
7 establishment is operated in conjunction with a public lodging
8 establishment does not relieve the public food service
9 establishment of the requirement that it be separately
10 licensed as a public food service establishment.
11 (4) The actual costs associated with each
12 epidemiological investigation conducted by the Department of
13 Health and Rehabilitative Services in public food service
14 establishments licensed pursuant to this chapter shall be
15 accounted for and submitted to the division annually. The
16 division shall journal transfer the total of all such amounts
17 from the Hotel and Restaurant Trust Fund to the Department of
18 Health and Rehabilitative Services annually; however, the
19 total amount of such transfer may not exceed an amount equal
20 to 5 percent of the annual public food service establishment
21 licensure fees received by the division.
22 Section 35. Section 509.261, Florida Statutes, is
23 amended to read:
24 509.261 Revocation or suspension of licenses; fines;
25 procedure.--
26 (1) Any public lodging establishment or public food
27 service establishment that has operated or is operating in
28 violation of this chapter or the rules of the division,
29 operating without a license, or operating with a suspended or
30 revoked license may be subject by the division to:
31 (a) Fines not to exceed $1,000 per offense;
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1 (b) Mandatory attendance, at personal expense, at an
2 educational program sponsored by the Hospitality Education
3 Program; and
4 (c) The suspension, revocation, or refusal of a
5 license issued pursuant to this chapter.
6 (2) For the purposes of this section, the division may
7 regard as a separate offense each day or portion of a day on
8 which an establishment is operated in violation of a "critical
9 law or rule," as that term is defined by rule.
10 (3) The division shall post a prominent
11 closed-for-operation sign on any public lodging establishment
12 or public food service establishment, the license of which has
13 been suspended or revoked. The division shall also post such
14 sign on any establishment judicially or administratively
15 determined to be operating without a license. It is a
16 misdemeanor of the second degree, punishable as provided in s.
17 775.082 or s. 775.083, for any person to deface or remove such
18 closed-for-operation sign or for any public lodging
19 establishment or public food service establishment to open for
20 operation without a license or to open for operation while its
21 license is suspended or revoked. The division may impose
22 administrative sanctions for violations of this section.
23 (4) All funds received by the division as satisfaction
24 for administrative fines shall be paid into the State Treasury
25 to the credit of the Public Lodging Hotel and Restaurant Trust
26 Fund and may not subsequently be used for payment to any
27 entity performing required inspections under contract with the
28 division.
29 (5)(a) A license may not be suspended under this
30 section for a period of more than 12 months. At the end of
31 such period of suspension, the establishment may apply for
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1 reinstatement or renewal of the license. A public lodging
2 establishment or public food service establishment, the
3 license of which is revoked, may not apply for another license
4 for that location prior to the date on which the revoked
5 license would have expired.
6 (b) The division may fine, suspend, or revoke the
7 license of any public lodging establishment or public food
8 service establishment if the operator knowingly lets, leases,
9 or gives space for unlawful gambling purposes or permits
10 unlawful gambling in such establishment or in or upon any
11 premises which are used in connection with, and are under the
12 same charge, control, or management as, such establishment.
13 (6) The division may fine, suspend, or revoke the
14 license of any public lodging establishment or public food
15 service establishment when:
16 (a) Any person with a direct financial interest in the
17 licensed establishment, within the preceding 5 years in this
18 state, any other state, or the United States, has been
19 adjudicated guilty of or forfeited a bond when charged with
20 soliciting for prostitution, pandering, letting premises for
21 prostitution, keeping a disorderly place, illegally dealing in
22 controlled substances as defined in chapter 893, or any other
23 crime reflecting on professional character.
24 (b) Such establishment has been deemed an imminent
25 danger to the public health and safety by the division or
26 local health authority for failure to meet sanitation
27 standards or the premises have been determined by the division
28 or local authority to be unsafe or unfit for human occupancy.
29 (7) A person is not entitled to the issuance of a
30 license for any public lodging establishment or public food
31 service establishment except in the discretion of the director
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1 when the division has notified the current licenseholder for
2 such premises that administrative proceedings have been or
3 will be brought against such current licensee for violation of
4 any provision of this chapter or rule of the division.
5 Section 36. Subsection (1) of section 509.281, Florida
6 Statutes, is amended to read:
7 509.281 Prosecution for violation; duty of state
8 attorney; penalties.--
9 (1) The division or an agent of the division, upon
10 ascertaining by inspection that any public lodging
11 establishment or public food service establishment is being
12 operated contrary to the provisions of this chapter, shall
13 make complaint and cause the arrest of the violator, and the
14 state attorney, upon request of the division or agent, shall
15 prepare all necessary papers and conduct the prosecution. The
16 division shall proceed in the courts by mandamus or injunction
17 whenever such proceedings may be necessary to the proper
18 enforcement of the provisions of this chapter, of the rules
19 adopted pursuant hereto, or of orders of the division.
20 Section 37. Subsection (1) of section 509.291, Florida
21 Statutes, is amended to read:
22 509.291 Advisory council.--
23 (1) There is created an 18-member advisory council.
24 (a) The Secretary of Business and Professional
25 Regulation shall appoint 11 voting members to the advisory
26 council. Each member appointed by the secretary must be an
27 operator of an establishment licensed under this chapter and
28 shall represent the industries regulated by the division,
29 except that one member appointed by the secretary must be a
30 layperson and shall represent the general public. Such members
31 of the council shall serve staggered terms of 4 years.
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1 (b) The division, the Department of Health and
2 Rehabilitative Services, the Florida Hotel and Motel
3 Association, the Florida Restaurant Association, the Florida
4 Apartment Association, and the Florida Association of Realtors
5 shall each designate one representative to serve as a voting
6 member of the council, and one member appointed by the
7 secretary must be appointed to represent nontransient public
8 lodging establishments. In addition, one hospitality
9 administration educator from an institution of higher
10 education affiliated with the Hospitality Education Program
11 pursuant to s. 509.302(2) shall serve for a term of 2 years as
12 a voting member of the council. This single representative
13 shall be designated on a rotating basis by the institution or
14 institutions of higher education affiliated with this program
15 pursuant to s. 509.302(2).
16 (c) Any member who fails to attend three consecutive
17 council meetings without good cause may be removed from the
18 council by the secretary.
19 Section 38. Subsections (1), (2), (3), and (7) of
20 section 509.302, Florida Statutes, 1998 Supplement, are
21 amended to read:
22 509.302 Director of education, personnel, employment
23 duties, compensation.--
24 (1) The director shall, with the advice of the
25 advisory council, employ a director of education for the
26 public lodging and food service industry.
27 (2) The director of education shall develop and
28 implement an educational program, designated the "Hospitality
29 Education Program," offered for the benefit of the entire
30 industry. This program may affiliate with Florida State
31 University, Florida International University, and the
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1 University of Central Florida. The program may also affiliate
2 with any other member of the State University System or State
3 Community College System, or with any privately funded college
4 or university, which offers a program of hospitality
5 administration and management. The primary goal of this
6 program is to instruct and train all individuals and
7 businesses licensed under this chapter, in cooperation with
8 recognized associations that represent the licensees, in the
9 application of state and federal laws and rules. Such programs
10 shall also include:
11 (a) Vocational training.
12 (b) Management training.
13 (c) Inservice continuing education programs.
14 (d) Awareness of food-recovery programs, as promoted
15 in s. 570.0725.
16 (d)(e) Such other programs as may be deemed
17 appropriate by the director of the division, the advisory
18 council, and the director of education.
19 (3) All public lodging establishments and all public
20 food service establishments licensed under this chapter shall
21 pay an annual fee of no more than $6 which shall be included
22 in the annual license fee and which shall be used for the sole
23 purpose of funding the Hospitality Education Program.
24 (7) The director of education, with the approval of
25 the director and with the consent of the advisory council, may
26 designate funds, not to exceed $150,000 annually, to support
27 school-to-career transition programs available through
28 statewide organizations in the hospitality services field.
29 Such programs shall be designed to prepare students for
30 progressive careers in the hospitality industry. The director
31 of education, with the approval of the director and with the
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1 consent of the advisory council, may also designate funds, not
2 to exceed $50,000 annually, to support food safety training
3 programs available through statewide organizations in the
4 hospitality services field, and not to exceed $50,000
5 annually, to support nontransient public lodging training
6 programs available through statewide organizations in the
7 public lodging services field.
8 (a) The director of education shall have supervision
9 over the administration of the programs set forth in this
10 subsection and shall report the status of the programs at all
11 meetings of the advisory council and at such other times as
12 are prescribed by the advisory council.
13 (b) The division shall adopt rules providing the
14 criteria for program approval and the procedures for
15 processing program applications. The criteria and procedures
16 shall be approved by the advisory council.
17 Section 39. Paragraph (a) of subsection (2) and
18 subsection (4) of section 386.205, Florida Statutes, are
19 amended to read:
20 386.205 Designation of smoking areas.--
21 (2)(a) A smoking area may not be designated in an
22 elevator, school bus, public means of mass transportation
23 subject only to state smoking regulation, restroom, hospital,
24 doctor's or dentist's waiting room, jury deliberation room,
25 county health department, day care center, school or other
26 educational facility, or any common area as defined in s.
27 386.203, or any public food service establishment as defined
28 in s. 509.013. However, a patient's room in a hospital,
29 nursing home, or other health care facility may be designated
30 as a smoking area if such designation is ordered by the
31
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1 attending physician and agreed to by all patients assigned to
2 that room.
3 (4) No more than one-half of the total square footage
4 in any public place within a single enclosed indoor area used
5 for a common purpose shall be reserved and designated as a
6 smoking area. This square footage limitation does not apply to
7 restaurants as defined in s. 386.203(1)(p). However, such a
8 restaurant must ensure that no more than 65 percent of the
9 seats existing in its dining room at any time are located in
10 an area designated as a smoking area.
11 Section 40. The administrative rules of the agencies
12 involved in this reorganization which are in effect
13 immediately before the effective date of this act shall remain
14 in effect until specifically changed in the manner provided by
15 law.
16 Section 41. This act shall not affect the validity of
17 any judicial or administrative proceeding pending on the
18 effective date of this act, and any agency to which are
19 transferred the powers, duties, and functions relating to the
20 pending proceeding shall be substituted as a party in interest
21 for that proceeding.
22 Section 42. Sections 509.213, 509.214, 509.232, and
23 509.292, Florida Statutes, are transferred and renumbered,
24 respectively, as sections 381.0075, 381.0076, 381.0077, and
25 381.0078, Florida Statutes.
26 Section 43. Paragraph (p) of subsection (1) of section
27 386.203 and sections 509.036, 509.039, and 509.049, Florida
28 Statutes, are repealed.
29 Section 44. Effective July 1, 1999, the Secretary of
30 Health and the Secretary of Business and Professional
31 Regulation shall each appoint three staff members to a
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1 restaurant program transition advisory committee. The members
2 of the committee must represent staff of the respective
3 department, including representatives from the headquarter's
4 level and local field staff, who are involved in the
5 transferred functions. In addition, the two secretaries shall
6 jointly appoint one person to represent the restaurant
7 industry on the committee. The Secretary of Health shall
8 designate a member of the committee to serve as committee
9 chair. The purpose of the committee is to prepare for the
10 transfer of regulatory responsibilities relating to
11 restaurants from the Department of Business and Professional
12 Regulation to the Department of Health. The committee shall
13 be located, for administrative purposes, in the Department of
14 Health.
15 (1) By September 15, 1999, the committee shall
16 prescribe a schedule of transition activities and functions
17 with respect to the transfer of responsibilities. The
18 schedule must, at a minimum, address: office space,
19 information support systems, cash ownership and transfer,
20 administrative support functions, inventory and transfer of
21 equipment and supplies, expenditure transfers, budget
22 authority and positions, and certifications forward.
23 (2) The committee shall review current regulatory
24 activities and make recommendations regarding consolidation of
25 duplicative regulatory functions, elimination of overlap, and
26 any needed modifications in organizational structure. The
27 committee shall report its findings, including recommendations
28 for changes in state policy, rules, and statutes that will
29 improve restaurant regulatory functions by the Department of
30 Health, to the Secretary of Health, the Governor, the
31
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1 President of the Senate, and the Speaker of the House of
2 Representatives by November 30, 2000.
3 Section 45. Except as otherwise provided in this act
4 and except for this section, which shall take effect upon
5 becoming a law, this act shall take effect January 1, 2000.
6
7 *****************************************
8 SENATE SUMMARY
9 Transfers certain powers, duties, and functions of the
Department of Business and Professional Regulation
10 relating to public food service establishments to the
Department of Health. Prohibits smoking in public food
11 service establishments. (See bill for details.)
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