House Bill hb0085c1

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    Florida House of Representatives - 2001               CS/HB 85

        By the Council for Healthy Communities and Representatives
    Meadows, Rich, Fields, Lerner and Crow





  1                      A bill to be entitled

  2         An act relating to infant cribs; creating s.

  3         501.144, F.S., the Florida Infant Crib Safety

  4         Act; providing definitions; prohibiting

  5         commercial users from manufacturing,

  6         remanufacturing, retrofitting, selling,

  7         contracting to sell or resell, leasing, or

  8         subletting specified cribs determined to be

  9         unsafe for use by infants; prohibiting

10         transient public lodging establishments from

11         offering or providing for use specified cribs

12         determined to be unsafe for use by infants;

13         providing criteria for determining safety of

14         infant cribs; providing exemptions; providing

15         specified immunity from civil liability;

16         providing penalties; providing that violation

17         of the act constitutes an unfair and deceptive

18         trade practice; authorizing the Department of

19         Agriculture and Consumer Services, the

20         Department of Business and Professional

21         Regulation, and the Department of Children and

22         Family Services to collaborate with public

23         agencies and private sector entities to prepare

24         specified public education materials and

25         programs; authorizing the Department of

26         Agriculture and Consumer Services to adopt

27         rules and prescribe forms; amending s. 509.221,

28         F.S.; prohibiting the use of certain cribs in

29         public lodging establishments; reenacting s.

30         509.032, F.S.; providing for regulation and

31         rulemaking by the Division of Hotels and

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  1         Restaurants of the Department of Business and

  2         Professional Regulation; creating s. 402.3031,

  3         F.S.; prohibiting unsafe cribs in certain

  4         facilities; providing for enforcement and

  5         rulemaking powers of the Department of Children

  6         and Family Services; providing an effective

  7         date.

  8

  9         WHEREAS, the disability and death of infants resulting

10  from injuries sustained in crib accidents are a serious threat

11  to the public health, safety, and welfare of the people of the

12  state, and

13         WHEREAS, the design and construction of an infant crib

14  must ensure that it is safe, and a parent or caregiver has a

15  right to believe that an infant crib in use is a safe

16  containment in which to place an infant, and

17         WHEREAS, more than 13,000 infants are injured in unsafe

18  cribs every year, and

19         WHEREAS, prohibiting the manufacture, remanufacture,

20  retrofitting, sale, contracting to sell or resell, leasing, or

21  subletting of unsafe infant cribs, particularly unsafe

22  secondhand, hand-me-down, or heirloom cribs, will reduce

23  injuries and deaths caused by cribs, and

24         WHEREAS, it is the intent of the Legislature to reduce

25  the occurrence of injuries and deaths to infants as a result

26  of unsafe cribs that do not conform to modern safety standards

27  by making it illegal to manufacture, remanufacture, retrofit,

28  sell, contract to sell or resell, lease, or sublet, any

29  full-size or non-full-size crib that is unsafe, and

30         WHEREAS, it is the intent of the Legislature to

31  encourage public and private collaboration in disseminating

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  1  materials relative to the safety of infant cribs to parents,

  2  child care providers, and those individuals who would be

  3  likely to sell, donate, or otherwise provide to others unsafe

  4  infant cribs, NOW, THEREFORE,

  5

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

  7

  8         Section 1.  Section 501.144, Florida Statutes, is

  9  created to read:

10         501.144  Florida Infant Crib Safety Act.--

11         (1)  SHORT TITLE.--This section may be cited as the

12  "Florida Infant Crib Safety Act."

13         (2)  DEFINITIONS.--As used in this section, the term:

14         (a)  "Commercial user" means a dealer pursuant to s.

15  212.06(2), or any person who is in the business of

16  manufacturing, remanufacturing, retrofitting, selling,

17  leasing, or subletting full-size or non-full-size cribs. The

18  term includes a child care facility, family day care home,

19  large family child care home, and specialized child care

20  facility for the care of mildly ill children, licensed by the

21  Department of Children and Family Services or local licensing

22  agencies.

23         (b)  "Crib" means a bed or containment designed to

24  accommodate an infant.

25         (c)  "Department" means the Department of Agriculture

26  and Consumer Services.

27         (d)  "Full-size crib" means a full-size baby crib as

28  defined in 16 C.F.R. part 1508, relating to requirements for

29  full-size baby cribs.

30         (e)  "Infant" means a person less than 35 inches tall

31  and less than 3 years of age.

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  1         (f)  "Non-full-size crib" means a non-full-size baby

  2  crib as defined in 16 C.F.R. part 1509, relating to

  3  requirements for non-full-size baby cribs.

  4         (g)  "Transient public lodging establishment" means any

  5  hotel, motel, resort condominium, transient apartment,

  6  roominghouse, bed and breakfast inn, or resort dwelling, as

  7  defined in s. 509.242.

  8         (3)  PROHIBITED PRACTICES.--

  9         (a)  A commercial user may not manufacture,

10  remanufacture, retrofit, sell, contract to sell or resell,

11  lease, or sublet a full-size or non-full-size crib that is

12  unsafe for any infant using the crib because the crib does not

13  conform to the standards set forth in paragraph (4)(a) or

14  because the crib has any of the dangerous features or

15  characteristics set forth in paragraph (4)(b).

16         (b)  No transient public lodging establishment shall

17  offer or provide for use a full-size or non-full-size crib

18  that is unsafe for any infant using the crib because the crib

19  does not conform to the standards set forth in paragraph

20  (4)(a) or because the crib has any of the dangerous features

21  or characteristics set forth in paragraph (4)(b). Further,

22  violation of this section by a transient public lodging

23  establishment is a violation of chapter 509 and is subject to

24  the penalties set forth in s. 509.261.

25         (c)  A violation of this section is a deceptive and

26  unfair trade practice and constitutes a violation of part II

27  of chapter 501, the Florida Deceptive and Unfair Trade

28  Practices Act.

29         (4)  PRESUMPTION AS UNSAFE; CRITERIA.--

30         (a)  A crib is presumed to be unsafe under this section

31  if it does not conform to all of the following:

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  1         1.  16 C.F.R. part 1303, relating to ban of

  2  lead-containing paint and certain consumer products bearing

  3  lead-containing paint; 16 C.F.R. part 1508, relating to

  4  requirements for full-size baby cribs; and 16 C.F.R. part

  5  1509, relating to requirements for non-full-size baby cribs.

  6         2.  American Society for Testing and Materials

  7  Voluntary Standards F966-96, F1169-99, and F1822-97.

  8         3.  Rules adopted by the department which incorporate

  9  amendments or supplements to the regulations or standards

10  described in subparagraphs 1. and 2.

11         (b)  Cribs are unsafe which have any of the following

12  dangerous features or characteristics:

13         1.  Corner posts that extend more than 1/16 of an inch.

14         2.  Spaces between side slats more than 2 3/8 inches.

15         3.  A mattress support that can be easily dislodged

16  from any point of the crib. A mattress segment can be easily

17  dislodged if it cannot withstand at least a 25-pound upward

18  force from underneath the crib. For portable folding cribs,

19  this subparagraph shall not apply to mattress supports or

20  mattress segments that are designed to allow the crib to be

21  folded, provided that the crib is equipped with latches that

22  work automatically to prevent the unintentional collapse of

23  the crib.

24         4.  Cutout designs on the end panels.

25         5.  Rail-height dimensions that do not conform to the

26  following:

27         a.  The height of the rail and end panel as measured

28  from the top of the rail or panel in its lowest position to

29  the top of the mattress support in its highest position is at

30  least 9 inches.

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  1         b.  The height of the rail and end panel as measured

  2  from the top of the rail or panel in its highest position to

  3  the top of the mattress support in its lowest position is at

  4  least 26 inches.

  5         6.  Upon completion of assembly, any screw, bolt, or

  6  hardware that is loose and not secured.

  7         7.  Any sharp edge, point, or rough surface or any wood

  8  surface that is not smooth and free from splinters, splits, or

  9  cracks.

10         8.  A tear in mesh or fabric sides for a non-full-size

11  crib.

12         9.  With respect to portable folding cribs, latches

13  that do not work automatically to prevent the unintentional

14  collapse of the crib.

15         10.  Crib sheets used on mattresses must be sized to

16  match the mattress size.

17         (5)  EXEMPTIONS; CIVIL IMMUNITY.--

18         (a)  A crib that is clearly not intended for use by an

19  infant, including, but not limited to, a toy or display item,

20  is exempt from this section if the crib is accompanied, at the

21  time of manufacturing, remanufacturing, retrofitting, selling,

22  leasing, or subletting by a notice to be furnished by the

23  commercial user on forms prescribed by the department

24  declaring that the crib is not intended to be used for an

25  infant and is dangerous to use for an infant.

26         (b)  A commercial user, other than a child care

27  facility, family day care home, large family child care home,

28  or specialized child care facility for the care of mildly ill

29  children, that has complied with the notice requirements set

30  forth under paragraph (a) is immune from civil liability

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  1  resulting from the use of a crib, notwithstanding the

  2  provisions of this section.

  3         (6)  PENALTY.--

  4         (a)  A commercial user, other than a commercial user

  5  subject to the penalties provided in paragraph (b) or

  6  paragraph (c), that willfully and knowingly violates

  7  subsection (3) commits a misdemeanor of the first degree,

  8  punishable by a fine of not more than $10,000 and imprisonment

  9  for a term of not more than 1 year.

10         (b)  A transient public lodging establishment that

11  violates subsection (3) shall be subject to the penalties set

12  forth in s. 509.261.

13         (c)  A child care facility, family day care home, large

14  family child care home, or specialized child care facility for

15  the care of mildly ill children that violates subsection (3)

16  shall be subject to the penalties set forth in ss.

17  402.301-402.319.

18         (7)  PUBLIC EDUCATION MATERIALS AND PROGRAMS.--The

19  Department of Agriculture and Consumer Services, the

20  Department of Business and Professional Regulation, and the

21  Department of Children and Family Services may collaborate

22  with any public agency or private sector entity to prepare

23  public education materials or programs designed to inform

24  parents, child care providers, commercial users, and any other

25  person or entity that is likely to place unsafe cribs in the

26  stream of commerce of the dangers posed by secondhand,

27  hand-me-down, or heirloom cribs that do not conform to the

28  standards set forth in this section or that have any of the

29  dangerous features or characteristics set forth in this

30  section.

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  1         (8)  RULEMAKING AUTHORITY.--The department may adopt

  2  rules pursuant to ss. 120.536(1) and 120.54 to administer this

  3  section.

  4         Section 2.  Subsection (10) is added to section

  5  509.221, Florida Statutes, to read:

  6         509.221  Sanitary regulations.--

  7         (10)  No transient public lodging establishment shall

  8  offer or provide for use a full-size or non-full-size crib

  9  that is unsafe for any infant using the crib because it is not

10  in conformity with the requirements of s. 501.144.

11         Section 3.  Section 509.032, Florida Statutes, is

12  reenacted to read:

13         509.032  Duties.--

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

15  provisions of this chapter and all other applicable laws and

16  rules relating to the inspection or regulation of public

17  lodging establishments and public food service establishments

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

19  welfare. The division shall be responsible for ascertaining

20  that an operator licensed under this chapter does not engage

21  in any misleading advertising or unethical practices.

22         (2)  INSPECTION OF PREMISES.--

23         (a)  The division has responsibility and jurisdiction

24  for all inspections required by this chapter.  The division

25  has responsibility for quality assurance.  Each licensed

26  establishment shall be inspected at least biannually and at

27  such other times as the division determines is necessary to

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

29  shall establish a system to determine inspection frequency.

30  Public lodging units classified as resort condominiums or

31  resort dwellings are not subject to this requirement, but

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

  2  during the inspection of a public lodging establishment

  3  classified for renting to transient or nontransient tenants,

  4  an inspector identifies vulnerable adults who appear to be

  5  victims of neglect, as defined in s. 415.102, or, in the case

  6  of a building that is not equipped with automatic sprinkler

  7  systems, tenants or clients who may be unable to self-preserve

  8  in an emergency, the division shall convene meetings with the

  9  following agencies as appropriate to the individual situation:

10  the Department of Health, the Department of Elderly Affairs,

11  the area agency on aging, the local fire marshal, the landlord

12  and affected tenants and clients, and other relevant

13  organizations, to develop a plan which improves the prospects

14  for safety of affected residents and, if necessary, identifies

15  alternative living arrangements such as facilities licensed

16  under part II or part III of chapter 400.

17         (b)  For purposes of performing required inspections

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

19  right of entry and access to public lodging establishments and

20  public food service establishments at any reasonable time.

21         (c)  Public food service establishment inspections

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

23  educate, inform, and promote cooperation between the division

24  and the establishment.

25         (d)  The division shall adopt and enforce sanitation

26  rules consistent with law to ensure the protection of the

27  public from food-borne illness in those establishments

28  licensed under this chapter.  These rules shall provide the

29  standards and requirements for obtaining, storing, preparing,

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

31  establishments, approving public food service establishment

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  1  facility plans, conducting necessary public food service

  2  establishment inspections for compliance with sanitation

  3  regulations, cooperating and coordinating with the Department

  4  of Health in epidemiological investigations, and initiating

  5  enforcement actions, and for other such responsibilities

  6  deemed necessary by the division. The division may not

  7  establish by rule any regulation governing the design,

  8  construction, erection, alteration, modification, repair, or

  9  demolition of any public lodging or public food service

10  establishment. It is the intent of the Legislature to preempt

11  that function to the Florida Building Commission and the State

12  Fire Marshal through adoption and maintenance of the Florida

13  Building Code and the Florida Fire Prevention Code. The

14  division shall provide technical assistance to the commission

15  and the State Fire Marshal in updating the construction

16  standards of the Florida Building Code and the Florida Fire

17  Prevention Code which govern public lodging and public food

18  service establishments. Further, the division shall enforce

19  the provisions of the Florida Building Code and the Florida

20  Fire Prevention Code which apply to public lodging and public

21  food service establishments in conducting any inspections

22  authorized by this part.

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

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

25  reviews and may grant variances from construction standards in

26  hardship cases, which variances may be less restrictive than

27  the provisions specified in this section or the rules adopted

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

29  this section until the division is satisfied that:

30         a.  The variance shall not adversely affect the health

31  of the public.

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  1         b.  No reasonable alternative to the required

  2  construction exists.

  3         c.  The hardship was not caused intentionally by the

  4  action of the applicant.

  5         2.  The division's advisory council shall review

  6  applications for variances and recommend agency action.  The

  7  division shall make arrangements to expedite emergency

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

  9  upon within 30 days of receipt.

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

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

12  $150 for routine variance requests and $300 for emergency

13  variance requests.

14         (f)  In conducting inspections of establishments

15  licensed under this chapter, the division shall determine if

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

17  premises of a licensed establishment is properly registered

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

19  report to the Department of Revenue the sales tax registration

20  number of the operator of any licensed establishment that has

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

22  not have an identifying certificate conspicuously displayed as

23  required by s. 212.05(1)(i).

24         (g)  In inspecting public food service establishments,

25  the department shall provide each inspected establishment with

26  the food-recovery brochure developed under s. 570.0725.

27         (3)  SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD

28  SERVICE EVENTS.--The division shall:

29         (a)  Prescribe sanitary standards which shall be

30  enforced in public food service establishments.

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  1         (b)  Inspect public lodging establishments and public

  2  food service establishments whenever necessary to respond to

  3  an emergency or epidemiological condition.

  4         (c)  Administer a public notification process for

  5  temporary food service events and distribute educational

  6  materials that address safe food storage, preparation, and

  7  service procedures.

  8         1.  Sponsors of temporary food service events shall

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

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

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

12  vendor owners and operators participating in each event, and

13  the current license numbers of all public food service

14  establishments participating in each event. Notification may

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

16  A public food service establishment or food service vendor may

17  not use this notification process to circumvent the license

18  requirements of this chapter.

19         2.  The division shall keep a record of all

20  notifications received for proposed temporary food service

21  events and shall provide appropriate educational materials to

22  the event sponsors, including the food-recovery brochure

23  developed under s. 570.0725.

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

25  vendor must obtain a license from the division for each

26  temporary food service event in which it participates.

27         b.  Public food service establishments holding current

28  licenses from the division may operate under the regulations

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

30  or less in duration.

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

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

  3  product when the director or the director's designee

  4  determines that such food or food product represents a threat

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

  6  food service establishment licensed under this chapter has

  7  received official notification from a health authority that a

  8  food or food product from that establishment has potentially

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

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

11  the establishment until the responsible health authority has

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

13  food or food product.

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

15  Governor a written report, which shall state, but not be

16  limited to, the total number of inspections conducted by the

17  division to ensure the enforcement of sanitary standards, the

18  total number of inspections conducted in response to emergency

19  or epidemiological conditions, the number of violations of

20  each sanitary standard, and any recommendations for improved

21  inspection procedures.  The division shall also keep accurate

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

23  duties and all fees collected under this chapter. The report

24  shall be submitted by September 30 following the end of the

25  fiscal year.

26         (6)  RULEMAKING AUTHORITY.--The division shall adopt

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

28  this chapter.

29         (7)  PREEMPTION AUTHORITY.--The regulation of public

30  lodging establishments and public food service establishments,

31  the inspection of public lodging establishments and public

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  1  food service establishments for compliance with the sanitation

  2  standards adopted under this section, and the regulation of

  3  food safety protection standards for required training and

  4  testing of food service establishment personnel are preempted

  5  to the state. This subsection does not preempt the authority

  6  of a local government or local enforcement district to conduct

  7  inspections of public lodging and public food service

  8  establishments for compliance with the Florida Building Code

  9  and the Florida Fire Prevention Code, pursuant to ss. 553.80

10  and 633.022.

11         Section 4.  Section 402.3031, Florida Statutes, is

12  created to read:

13         402.3031  Infant crib safety.--No child care facility,

14  family day care home, large family child care home, or

15  specialized child care facility for the care of mildly ill

16  children shall offer or provide for use a full-size or

17  non-full-size crib that is not in conformity with the

18  requirements of s. 501.144.  The department shall enforce the

19  provisions of this section and may adopt rules pursuant to ss.

20  120.536(1) and 120.54 to administer this section.

21         Section 5.  This act shall take effect October 1, 2001.

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