SENATE AMENDMENT
Bill No. CS for CS for SB 784
Amendment No. ___ Barcode 471720
CHAMBER ACTION
Senate House
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11 Senator Wasserman Schultz moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 26, line 31,
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16 insert:
17 Section 20. Section 501.144, Florida Statutes, is
18 created to read:
19 501.144 Florida Infant Crib Safety Act.--
20 (1) SHORT TITLE.--This section may be cited as the
21 "Florida Infant Crib Safety Act."
22 (2) DEFINITIONS.--As used in this section, the term:
23 (a) "Commercial user" means a dealer pursuant to s.
24 212.06(2), or any person who is in the business of
25 manufacturing, remanufacturing, retrofitting, selling,
26 leasing, or subletting full-size or non-full-size cribs. The
27 term includes a child care facility, family day care home,
28 large family child care home, and specialized child care
29 facility for the care of mildly ill children, licensed by the
30 Department of Children and Family Services or local licensing
31 agencies.
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SENATE AMENDMENT
Bill No. CS for CS for SB 784
Amendment No. ___ Barcode 471720
1 (b) "Crib" means a bed or containment designed to
2 accommodate an infant.
3 (c) "Department" means the Department of Agriculture
4 and Consumer Services.
5 (d) "Full-size crib" means a full-size baby crib as
6 defined in 16 C.F.R. part 1508, relating to requirements for
7 full-size baby cribs.
8 (e) "Infant" means a person less than 35 inches tall
9 and less than 3 years of age.
10 (f) "Non-full-size crib" means a non-full-size baby
11 crib as defined in 16 C.F.R. part 1509, relating to
12 requirements for non-full-size baby cribs.
13 (g) "Transient public lodging establishment" means any
14 hotel, motel, resort condominium, transient apartment,
15 roominghouse, bed and breakfast inn, or resort dwelling, as
16 defined in s. 509.242.
17 (3) PROHIBITED PRACTICES.--
18 (a) A commercial user may not manufacture,
19 remanufacture, retrofit, sell, contract to sell or resell,
20 lease, or sublet a full-size or non-full-size crib that is
21 unsafe for any infant using the crib because the crib does not
22 conform to the standards set forth in paragraph (4)(a) or
23 because the crib has any of the dangerous features or
24 characteristics set forth in paragraph (4)(b).
25 (b) No transient public lodging establishment shall
26 offer or provide for use a full-size or non-full-size crib
27 that is unsafe for any infant using the crib because the crib
28 does not conform to the standards set forth in paragraph
29 (4)(a) or because the crib has any of the dangerous features
30 or characteristics set forth in paragraph (4)(b). Further,
31 violation of this section by a transient public lodging
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SENATE AMENDMENT
Bill No. CS for CS for SB 784
Amendment No. ___ Barcode 471720
1 establishment is a violation of chapter 509 and is subject to
2 the penalties set forth in s. 509.261.
3 (c) A violation of this section is a deceptive and
4 unfair trade practice and constitutes a violation of part II
5 of chapter 501, the Florida Deceptive and Unfair Trade
6 Practices Act.
7 (4) PRESUMPTION AS UNSAFE; CRITERIA.--
8 (a) A crib is presumed to be unsafe under this section
9 if it does not conform to all of the following:
10 1. 16 C.F.R. part 1303, relating to ban of
11 lead-containing paint and certain consumer products bearing
12 lead-containing paint; 16 C.F.R. part 1508, relating to
13 requirements for full-size baby cribs; and 16 C.F.R. part
14 1509, relating to requirements for non-full-size baby cribs.
15 2. American Society for Testing and Materials
16 Voluntary Standards F966-96, F1169-99, and F1822-97.
17 3. Rules adopted by the department which incorporate
18 amendments or supplements to the regulations or standards
19 described in subparagraphs 1. and 2.
20 (b) Cribs are unsafe which have any of the following
21 dangerous features or characteristics:
22 1. Corner posts that extend more than 1/16 of an inch.
23 2. Spaces between side slats more than 2 3/8 inches.
24 3. A mattress support that can be easily dislodged
25 from any point of the crib. A mattress segment can be easily
26 dislodged if it cannot withstand at least a 25-pound upward
27 force from underneath the crib. For portable folding cribs,
28 this subparagraph shall not apply to mattress supports or
29 mattress segments that are designed to allow the crib to be
30 folded, provided that the crib is equipped with latches that
31 work automatically to prevent the unintentional collapse of
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SENATE AMENDMENT
Bill No. CS for CS for SB 784
Amendment No. ___ Barcode 471720
1 the crib.
2 4. Cutout designs on the end panels.
3 5. Rail-height dimensions that do not conform to the
4 following:
5 a. The height of the rail and end panel as measured
6 from the top of the rail or panel in its lowest position to
7 the top of the mattress support in its highest position is at
8 least 9 inches.
9 b. The height of the rail and end panel as measured
10 from the top of the rail or panel in its highest position to
11 the top of the mattress support in its lowest position is at
12 least 26 inches.
13 6. Upon completion of assembly, any screw, bolt, or
14 hardware that is loose and not secured.
15 7. Any sharp edge, point, or rough surface or any wood
16 surface that is not smooth and free from splinters, splits, or
17 cracks.
18 8. A tear in mesh or fabric sides for a non-full-size
19 crib.
20 9. With respect to portable folding cribs, latches
21 that do not work automatically to prevent the unintentional
22 collapse of the crib.
23 10. Crib sheets used on mattresses must be sized to
24 match the mattress size.
25 (5) EXEMPTIONS; CIVIL IMMUNITY.--
26 (a) A crib that is clearly not intended for use by an
27 infant, including, but not limited to, a toy or display item,
28 is exempt from this section if the crib is accompanied, at the
29 time of manufacturing, remanufacturing, retrofitting, selling,
30 leasing, or subletting by a notice to be furnished by the
31 commercial user on forms prescribed by the department
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SENATE AMENDMENT
Bill No. CS for CS for SB 784
Amendment No. ___ Barcode 471720
1 declaring that the crib is not intended to be used for an
2 infant and is dangerous to use for an infant.
3 (b) A commercial user, other than a child care
4 facility, family day care home, large family child care home,
5 or specialized child care facility for the care of mildly ill
6 children, that has complied with the notice requirements set
7 forth under paragraph (a) is immune from civil liability
8 resulting from the use of a crib, notwithstanding the
9 provisions of this section.
10 (6) PENALTY.--
11 (a) A commercial user, other than a commercial user
12 subject to the penalties provided in paragraph (b) or
13 paragraph (c), that willfully and knowingly violates
14 subsection (3) commits a misdemeanor of the first degree,
15 punishable by a fine of not more than $10,000 and imprisonment
16 for a term of not more than 1 year.
17 (b) A transient public lodging establishment that
18 violates subsection (3) shall be subject to the penalties set
19 forth in s. 509.261.
20 (c) A child care facility, family day care home, large
21 family child care home, or specialized child care facility for
22 the care of mildly ill children that violates subsection (3)
23 shall be subject to the penalties set forth in ss.
24 402.301-402.319.
25 (7) PUBLIC EDUCATION MATERIALS AND PROGRAMS.--The
26 Department of Agriculture and Consumer Services, the
27 Department of Business and Professional Regulation, and the
28 Department of Children and Family Services may collaborate
29 with any public agency or private sector entity to prepare
30 public education materials or programs designed to inform
31 parents, child care providers, commercial users, and any other
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SENATE AMENDMENT
Bill No. CS for CS for SB 784
Amendment No. ___ Barcode 471720
1 person or entity that is likely to place unsafe cribs in the
2 stream of commerce of the dangers posed by secondhand,
3 hand-me-down, or heirloom cribs that do not conform to the
4 standards set forth in this section or that have any of the
5 dangerous features or characteristics set forth in this
6 section.
7 (8) RULEMAKING AUTHORITY.--The department may adopt
8 rules pursuant to ss. 120.536(1) and 120.54 to administer this
9 section.
10 Section 21. Subsection (10) is added to section
11 509.221, Florida Statutes, to read:
12 509.221 Sanitary regulations.--
13 (10) No transient public lodging establishment shall
14 offer or provide for use a full-size or non-full-size crib
15 that is unsafe for any infant using the crib because it is not
16 in conformity with the requirements of s. 501.144.
17 Section 22. Section 509.032, Florida Statutes, is
18 reenacted to read:
19 509.032 Duties.--
20 (1) GENERAL.--The division shall carry out all of the
21 provisions of this chapter and all other applicable laws and
22 rules relating to the inspection or regulation of public
23 lodging establishments and public food service establishments
24 for the purpose of safeguarding the public health, safety, and
25 welfare. The division shall be responsible for ascertaining
26 that an operator licensed under this chapter does not engage
27 in any misleading advertising or unethical practices.
28 (2) INSPECTION OF PREMISES.--
29 (a) The division has responsibility and jurisdiction
30 for all inspections required by this chapter. The division
31 has responsibility for quality assurance. Each licensed
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Bill No. CS for CS for SB 784
Amendment No. ___ Barcode 471720
1 establishment shall be inspected at least biannually and at
2 such other times as the division determines is necessary to
3 ensure the public's health, safety, and welfare. The division
4 shall establish a system to determine inspection frequency.
5 Public lodging units classified as resort condominiums or
6 resort dwellings are not subject to this requirement, but
7 shall be made available to the division upon request. If,
8 during the inspection of a public lodging establishment
9 classified for renting to transient or nontransient tenants,
10 an inspector identifies vulnerable adults who appear to be
11 victims of neglect, as defined in s. 415.102, or, in the case
12 of a building that is not equipped with automatic sprinkler
13 systems, tenants or clients who may be unable to self-preserve
14 in an emergency, the division shall convene meetings with the
15 following agencies as appropriate to the individual situation:
16 the Department of Health, the Department of Elderly Affairs,
17 the area agency on aging, the local fire marshal, the landlord
18 and affected tenants and clients, and other relevant
19 organizations, to develop a plan which improves the prospects
20 for safety of affected residents and, if necessary, identifies
21 alternative living arrangements such as facilities licensed
22 under part II or part III of chapter 400.
23 (b) For purposes of performing required inspections
24 and the enforcement of this chapter, the division has the
25 right of entry and access to public lodging establishments and
26 public food service establishments at any reasonable time.
27 (c) Public food service establishment inspections
28 shall be conducted to enforce provisions of this part and to
29 educate, inform, and promote cooperation between the division
30 and the establishment.
31 (d) The division shall adopt and enforce sanitation
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SENATE AMENDMENT
Bill No. CS for CS for SB 784
Amendment No. ___ Barcode 471720
1 rules consistent with law to ensure the protection of the
2 public from food-borne illness in those establishments
3 licensed under this chapter. These rules shall provide the
4 standards and requirements for obtaining, storing, preparing,
5 processing, serving, or displaying food in public food service
6 establishments, approving public food service establishment
7 facility plans, conducting necessary public food service
8 establishment inspections for compliance with sanitation
9 regulations, cooperating and coordinating with the Department
10 of Health in epidemiological investigations, and initiating
11 enforcement actions, and for other such responsibilities
12 deemed necessary by the division. The division may not
13 establish by rule any regulation governing the design,
14 construction, erection, alteration, modification, repair, or
15 demolition of any public lodging or public food service
16 establishment. It is the intent of the Legislature to preempt
17 that function to the Florida Building Commission and the State
18 Fire Marshal through adoption and maintenance of the Florida
19 Building Code and the Florida Fire Prevention Code. The
20 division shall provide technical assistance to the commission
21 and the State Fire Marshal in updating the construction
22 standards of the Florida Building Code and the Florida Fire
23 Prevention Code which govern public lodging and public food
24 service establishments. Further, the division shall enforce
25 the provisions of the Florida Building Code and the Florida
26 Fire Prevention Code which apply to public lodging and public
27 food service establishments in conducting any inspections
28 authorized by this part.
29 (e)1. Relating to facility plan approvals, the
30 division may establish, by rule, fees for conducting plan
31 reviews and may grant variances from construction standards in
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SENATE AMENDMENT
Bill No. CS for CS for SB 784
Amendment No. ___ Barcode 471720
1 hardship cases, which variances may be less restrictive than
2 the provisions specified in this section or the rules adopted
3 under this section. A variance may not be granted pursuant to
4 this section until the division is satisfied that:
5 a. The variance shall not adversely affect the health
6 of the public.
7 b. No reasonable alternative to the required
8 construction exists.
9 c. The hardship was not caused intentionally by the
10 action of the applicant.
11 2. The division's advisory council shall review
12 applications for variances and recommend agency action. The
13 division shall make arrangements to expedite emergency
14 requests for variances, to ensure that such requests are acted
15 upon within 30 days of receipt.
16 3. The division shall establish, by rule, a fee for
17 the cost of the variance process. Such fee shall not exceed
18 $150 for routine variance requests and $300 for emergency
19 variance requests.
20 (f) In conducting inspections of establishments
21 licensed under this chapter, the division shall determine if
22 each coin-operated amusement machine that is operated on the
23 premises of a licensed establishment is properly registered
24 with the Department of Revenue. Each month the division shall
25 report to the Department of Revenue the sales tax registration
26 number of the operator of any licensed establishment that has
27 on location a coin-operated amusement machine and that does
28 not have an identifying certificate conspicuously displayed as
29 required by s. 212.05(1)(i).
30 (g) In inspecting public food service establishments,
31 the department shall provide each inspected establishment with
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Amendment No. ___ Barcode 471720
1 the food-recovery brochure developed under s. 570.0725.
2 (3) SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD
3 SERVICE EVENTS.--The division shall:
4 (a) Prescribe sanitary standards which shall be
5 enforced in public food service establishments.
6 (b) Inspect public lodging establishments and public
7 food service establishments whenever necessary to respond to
8 an emergency or epidemiological condition.
9 (c) Administer a public notification process for
10 temporary food service events and distribute educational
11 materials that address safe food storage, preparation, and
12 service procedures.
13 1. Sponsors of temporary food service events shall
14 notify the division not less than 3 days prior to the
15 scheduled event of the type of food service proposed, the time
16 and location of the event, a complete list of food service
17 vendor owners and operators participating in each event, and
18 the current license numbers of all public food service
19 establishments participating in each event. Notification may
20 be completed orally, by telephone, in person, or in writing.
21 A public food service establishment or food service vendor may
22 not use this notification process to circumvent the license
23 requirements of this chapter.
24 2. The division shall keep a record of all
25 notifications received for proposed temporary food service
26 events and shall provide appropriate educational materials to
27 the event sponsors, including the food-recovery brochure
28 developed under s. 570.0725.
29 3.a. A public food service establishment or other food
30 vendor must obtain a license from the division for each
31 temporary food service event in which it participates.
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Bill No. CS for CS for SB 784
Amendment No. ___ Barcode 471720
1 b. Public food service establishments holding current
2 licenses from the division may operate under the regulations
3 of such a license at temporary food service events of 3 days
4 or less in duration.
5 (4) STOP-SALE ORDERS.--The division may stop the sale,
6 and supervise the proper destruction, of any food or food
7 product when the director or the director's designee
8 determines that such food or food product represents a threat
9 to the public safety or welfare. If the operator of a public
10 food service establishment licensed under this chapter has
11 received official notification from a health authority that a
12 food or food product from that establishment has potentially
13 contributed to any instance or outbreak of food-borne illness,
14 the food or food product must be maintained in safe storage in
15 the establishment until the responsible health authority has
16 examined, sampled, seized, or requested destruction of the
17 food or food product.
18 (5) REPORTS REQUIRED.--The division shall send the
19 Governor a written report, which shall state, but not be
20 limited to, the total number of inspections conducted by the
21 division to ensure the enforcement of sanitary standards, the
22 total number of inspections conducted in response to emergency
23 or epidemiological conditions, the number of violations of
24 each sanitary standard, and any recommendations for improved
25 inspection procedures. The division shall also keep accurate
26 account of all expenses arising out of the performance of its
27 duties and all fees collected under this chapter. The report
28 shall be submitted by September 30 following the end of the
29 fiscal year.
30 (6) RULEMAKING AUTHORITY.--The division shall adopt
31 such rules as are necessary to carry out the provisions of
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Bill No. CS for CS for SB 784
Amendment No. ___ Barcode 471720
1 this chapter.
2 (7) PREEMPTION AUTHORITY.--The regulation of public
3 lodging establishments and public food service establishments,
4 the inspection of public lodging establishments and public
5 food service establishments for compliance with the sanitation
6 standards adopted under this section, and the regulation of
7 food safety protection standards for required training and
8 testing of food service establishment personnel are preempted
9 to the state. This subsection does not preempt the authority
10 of a local government or local enforcement district to conduct
11 inspections of public lodging and public food service
12 establishments for compliance with the Florida Building Code
13 and the Florida Fire Prevention Code, pursuant to ss. 553.80
14 and 633.022.
15 Section 23. Section 402.3031, Florida Statutes, is
16 created to read:
17 402.3031 Infant crib safety.--No child care facility,
18 family day care home, large family child care home, or
19 specialized child care facility for the care of mildly ill
20 children shall offer or provide for use a full-size or
21 non-full-size crib that is not in conformity with the
22 requirements of s. 501.144. The department shall enforce the
23 provisions of this section and may adopt rules pursuant to ss.
24 120.536(1) and 120.54 to administer this Section.
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27 ================ T I T L E A M E N D M E N T ===============
28 And the title is amended as follows:
29 On page 2, line 18, following the semicolon
30
31 insert:
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SENATE AMENDMENT
Bill No. CS for CS for SB 784
Amendment No. ___ Barcode 471720
1 creating s. 501.144, F.S., the Florida Infant
2 Crib Safety Act; providing definitions;
3 prohibiting commercial users from
4 manufacturing, remanufacturing, retrofitting,
5 selling, contracting to sell or resell,
6 leasing, or subletting specified cribs
7 determined to be unsafe for use by infants;
8 prohibiting transient public lodging
9 establishments from offering or providing for
10 use specified cribs determined to be unsafe for
11 use by infants; providing criteria for
12 determining safety of infant cribs; providing
13 exemptions; providing specified immunity from
14 civil liability; providing penalties; providing
15 that violation of the act constitutes an unfair
16 and deceptive trade practice; authorizing the
17 Department of Agriculture and Consumer
18 Services, the Department of Business and
19 Professional Regulation, and the Department of
20 Children and Family Services to collaborate
21 with public agencies and private sector
22 entities to prepare specified public education
23 materials and programs; authorizing the
24 Department of Agriculture and Consumer Services
25 to adopt rules and prescribe forms; amending s.
26 509.221, F.S.; prohibiting the use of certain
27 cribs in public lodging establishments;
28 reenacting s. 509.032, F.S.; providing for
29 regulation and rulemaking by the Division of
30 Hotels and Restaurants of the Department of
31 Business and Professional Regulation; creating
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Amendment No. ___ Barcode 471720
1 s. 402.3031, F.S.; prohibiting unsafe cribs in
2 certain facilities; providing for enforcement
3 and rulemaking powers of the Department of
4 Children and Family Services;
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