1 | A bill to be entitled |
2 | An act relating to sanitary regulations; amending s. |
3 | 509.221, F.S.; requiring food service establishments |
4 | issued a license on or after a specified date to provide |
5 | diaper-changing tables; providing exceptions; defining |
6 | terms; providing requirements for diaper-changing tables; |
7 | requiring the Division of Hotels and Restaurants of the |
8 | Department of Business and Professional Regulation to |
9 | adopt rules; providing an effective date. |
10 |
|
11 | Be It Enacted by the Legislature of the State of Florida: |
12 |
|
13 | Section 1. Subsection (1) of section 509.221, Florida |
14 | Statutes, is amended, subsection (9) is renumbered as subsection |
15 | (10) and amended, subsections (6), (7), and (8) of said section |
16 | are renumbered as subsections (7), (8), and (9), respectively, |
17 | and 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 |
20 | service establishment shall be supplied with potable water and |
21 | shall provide adequate sanitary facilities for the accommodation |
22 | of its employees and guests. Such facilities may include, but |
23 | are not limited to, showers, handwash basins, diaper-changing |
24 | tables, toilets, and bidets. Such sanitary facilities shall be |
25 | connected to approved plumbing. Such plumbing shall be sized, |
26 | installed, and maintained in accordance with the Florida |
27 | Building Code. Wastewater or sewage shall be properly treated |
28 | onsite or discharged into an approved sewage collection and |
29 | treatment system. |
30 | (6)(a) Each public food service establishment licensed on |
31 | or after January 1, 2005, and each public food service |
32 | establishment issued a renewal license on or after that date |
33 | shall provide a diaper-changing table in a properly designated |
34 | public bathroom, except that: |
35 | 1. A mobile food dispensing vehicle, theme park food cart, |
36 | vending machine, or public food service establishment or a food |
37 | vendor participating in a temporary food service event need not |
38 | provide a public bathroom. |
39 | 2. An arcade, a mall, or a flea market that contains a |
40 | public food service establishment that does not offer seating |
41 | within the public food service establishment may provide |
42 | centrally located bathroom facilities that are accessible to |
43 | patrons of the establishments in the arcade, mall, or flea |
44 | market, which bathroom facilities must be within 300 feet of |
45 | each establishment and must be equipped with a diaper-changing |
46 | table. |
47 | 3. A public food service establishment that is located |
48 | within a theme park or an entertainment complex may provide |
49 | centrally located bathroom facilities that are accessible to |
50 | patrons of the establishments in the theme park or entertainment |
51 | complex, which bathroom facilities must be within 300 feet of |
52 | each establishment and must be equipped with a diaper-changing |
53 | table. |
54 | 4. A public food service establishment that seats 10 |
55 | persons or fewer shall provide a minimum of one bathroom that is |
56 | accessible to the public and is equipped with a diaper-changing |
57 | table. |
58 | 5. A public food service establishment that is located |
59 | within a public lodging establishment may provide public |
60 | bathrooms located within the public lodging establishment if |
61 | such bathrooms are available for use by the patrons of the |
62 | public food service establishment during all hours of operation, |
63 | are within 300 feet of the public food service establishment, |
64 | are equipped with a diaper-changing table, and are located on |
65 | the same floor as the public food service establishment. |
66 | (b) As used in this subsection, the term "diaper-changing |
67 | table" means a sturdy table or an elevated surface that has a |
68 | changing surface that is at least 36 inches above floor level |
69 | and is not used for any purpose other than diaper changing. In |
70 | addition, the diaper-changing table must be adjacent to or near |
71 | the bathroom sink, must have a clean, moisture-proof surface, |
72 | must be sturdy and maintained in good repair, and must be kept |
73 | free of all objects except those used for diaper changing. |
74 | (c) The division must establish by rule procedures for |
75 | inspecting diaper-changing tables and procedures for |
76 | disinfecting diaper-changing tables and disposing of soiled |
77 | diapers. |
78 | (10)(9) Subsections (2), (5), and (7) (6) do not apply to |
79 | any facility or unit classified as a resort condominium, |
80 | nontransient apartment, or resort dwelling as described in s. |
81 | 509.242(1)(c), (d), and (g). |
82 | Section 2. This act shall take effect July 1, 2004. |