HB 1581

1
A bill to be entitled
2An act relating to sanitary regulations; amending s.
3509.221, F.S.; requiring food service establishments
4issued a license on or after a specified date to provide
5diaper-changing tables; providing exceptions; defining
6terms; providing requirements for diaper-changing tables;
7requiring the Division of Hotels and Restaurants of the
8Department of Business and Professional Regulation to
9adopt rules; providing an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Subsection (1) of section 509.221, Florida
14Statutes, is amended, subsection (9) is renumbered as subsection
15(10) and amended, subsections (6), (7), and (8) of said section
16are renumbered as subsections (7), (8), and (9), respectively,
17and a new subsection (6) is added to said section, to read:
18     509.221  Sanitary regulations.--
19     (1)  Each public lodging establishment and each public food
20service establishment shall be supplied with potable water and
21shall provide adequate sanitary facilities for the accommodation
22of its employees and guests. Such facilities may include, but
23are not limited to, showers, handwash basins, diaper-changing
24tables, toilets, and bidets. Such sanitary facilities shall be
25connected to approved plumbing. Such plumbing shall be sized,
26installed, and maintained in accordance with the Florida
27Building Code. Wastewater or sewage shall be properly treated
28onsite or discharged into an approved sewage collection and
29treatment system.
30     (6)(a)  Each public food service establishment licensed on
31or after January 1, 2005, and each public food service
32establishment issued a renewal license on or after that date
33shall provide a diaper-changing table in a properly designated
34public bathroom, except that:
35     1.  A mobile food dispensing vehicle, theme park food cart,
36vending machine, or public food service establishment or a food
37vendor participating in a temporary food service event need not
38provide a public bathroom.
39     2.  An arcade, a mall, or a flea market that contains a
40public food service establishment that does not offer seating
41within the public food service establishment may provide
42centrally located bathroom facilities that are accessible to
43patrons of the establishments in the arcade, mall, or flea
44market, which bathroom facilities must be within 300 feet of
45each establishment and must be equipped with a diaper-changing
46table.
47     3.  A public food service establishment that is located
48within a theme park or an entertainment complex may provide
49centrally located bathroom facilities that are accessible to
50patrons of the establishments in the theme park or entertainment
51complex, which bathroom facilities must be within 300 feet of
52each establishment and must be equipped with a diaper-changing
53table.
54     4.  A public food service establishment that seats 10
55persons or fewer shall provide a minimum of one bathroom that is
56accessible to the public and is equipped with a diaper-changing
57table.
58     5.  A public food service establishment that is located
59within a public lodging establishment may provide public
60bathrooms located within the public lodging establishment if
61such bathrooms are available for use by the patrons of the
62public food service establishment during all hours of operation,
63are within 300 feet of the public food service establishment,
64are equipped with a diaper-changing table, and are located on
65the same floor as the public food service establishment.
66     (b)  As used in this subsection, the term "diaper-changing
67table" means a sturdy table or an elevated surface that has a
68changing surface that is at least 36 inches above floor level
69and is not used for any purpose other than diaper changing. In
70addition, the diaper-changing table must be adjacent to or near
71the bathroom sink, must have a clean, moisture-proof surface,
72must be sturdy and maintained in good repair, and must be kept
73free of all objects except those used for diaper changing.
74     (c)  The division must establish by rule procedures for
75inspecting diaper-changing tables and procedures for
76disinfecting diaper-changing tables and disposing of soiled
77diapers.
78     (10)(9)  Subsections (2), (5), and (7) (6) do not apply to
79any facility or unit classified as a resort condominium,
80nontransient apartment, or resort dwelling as described in s.
81509.242(1)(c), (d), and (g).
82     Section 2.  This act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.