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:

25

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.

16

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.

  8

  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."

30

31

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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).

31

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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;

31

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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.

31

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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

31

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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.

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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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