Senate Bill sb1172

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 1172

    By Senator Aronberg





    27-841-06                                           See HB 333

  1                      A bill to be entitled

  2         An act relating to public food service

  3         establishments; creating s. 509.233, F.S.;

  4         providing legislative findings and intent;

  5         creating a pilot program; authorizing

  6         municipalities to adopt an ordinance

  7         establishing a local exemption to certain

  8         provisions of general law and agency rules

  9         relating to public food service establishments

10         in order to permit patrons' dogs at certain

11         designated outdoor portions of such

12         establishments; providing for implementation

13         and enforcement procedures; providing for state

14         assistance; providing for future review and

15         repeal; providing an effective date.

16  

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

18  

19         Section 1.  Section 509.233, Florida Statutes, is

20  created to read:

21         509.233  Public food service establishment

22  requirements; local exemption for dogs in designated outdoor

23  portions; pilot program.--

24         (1)  FINDINGS AND INTENT.--

25         (a)  The Legislature finds and declares the following:

26         1.  This chapter requires the division to carry out all

27  laws and rules relating to the inspection and regulation of

28  public food service establishments for the purpose of

29  safeguarding the public health, safety, and welfare.

30         2.  Section 509.013(5) defines the term "public food

31  service establishment" as "any building, vehicle, place, or

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    Florida Senate - 2006                                  SB 1172
    27-841-06                                           See HB 333




 1  structure, or any room or division of a building, vehicle,

 2  place, or structure where food is prepared, served, or sold

 3  for immediate consumption on or in the vicinity of the

 4  premises; called for or taken out by customers; or prepared

 5  prior to being delivered to another location for consumption."

 6         3.  Section 509.032 requires the division to adopt and

 7  enforce such rules as are necessary to ensure the protection

 8  of the public from food-borne illness in public food service

 9  establishments.

10         4.  Section 509.032 further requires the division to

11  adopt such rules in order to "provide the standards and

12  requirements for obtaining, storing, preparing, processing,

13  serving, or displaying food in public food service

14  establishments, approving public food service establishment

15  facility plans, conducting necessary public food service

16  establishment inspections for compliance with sanitation

17  regulations, cooperating and coordinating with the Department

18  of Health in epidemiological investigations, and initiating

19  enforcement actions, and for other such responsibilities

20  deemed necessary by the division."

21         5.  Pursuant to the grant of rulemaking authority cited

22  in subparagraph 4., the division has adopted chapter 61C-4,

23  Florida Administrative Code, concerning public food service

24  establishments.

25         6.  Section 61C-4.010, Florida Administrative Code,

26  concerning the sanitation and safety requirements of public

27  food service establishments, includes section 61C-4.010(6),

28  relating to physical facilities, which adopts by reference

29  chapter 6 of the 2001 FDA Food Code as developed by the Food

30  and Drug Administration of the United States Department of

31  Health and Human Services.

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






    Florida Senate - 2006                                  SB 1172
    27-841-06                                           See HB 333




 1         7.  Section 6-501.115, 2001 FDA Food Code, generally

 2  prohibits live animals from public food service

 3  establishments.

 4         8.  Section 509.032(7) expressly preempts to the state

 5  regulation of public lodging establishments and public food

 6  service establishments for compliance with the sanitation

 7  standards adopted by the division.

 8         9.  Section 509.032(7) expressly limits the general

 9  home rule powers of local governments as it relates to the

10  regulation of public food service establishments.

11         10.  The purpose of this section is to allow

12  participating municipalities to enact an ordinance

13  establishing procedures by which public food service

14  establishments could exempt their establishments from section

15  6-501.115, 2001 FDA Food Code, and allow patrons' dogs within

16  certain designated outdoor portions of their respective

17  establishments.

18         (b)  It is therefore the intent of the Legislature by

19  this section to establish a 3-year pilot program for

20  municipalities to allow patrons' dogs within certain

21  designated outdoor portions of public food service

22  establishments.

23         (2)  LOCAL EXEMPTION AUTHORIZED.--The governing body of

24  a municipality participating in the pilot program is

25  authorized to establish, by ordinance, a local exemption

26  procedure to section 6-501.115, 2001 FDA Food Code, as adopted

27  and incorporated by the Division of Hotels and Restaurants at

28  chapter 61C-4.010(6), Florida Administrative Code.

29         (3)  LOCAL DISCRETION; CODIFICATION.--

30         (a)  The adoption of the local exemption procedure

31  shall be at the sole discretion of the governing body of a

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    Florida Senate - 2006                                  SB 1172
    27-841-06                                           See HB 333




 1  participating municipality. Nothing in this section shall be

 2  construed to require or compel a municipal governing body to

 3  adopt an ordinance pursuant to this section.

 4         (b)  Any ordinance adopted pursuant to this section

 5  shall provide for codification within the land development

 6  code of a participating municipality.

 7         (4)  LIMITATIONS ON EXEMPTION; PERMIT REQUIREMENTS.--

 8         (a)  Any local exemption procedure adopted pursuant to

 9  this section shall only provide a variance to section

10  6-501.115, 2001 FDA Food Code, to allow patrons' dogs within

11  certain designated outdoor portions of public food service

12  establishments.

13         (b)  In order to protect the health, safety, and

14  general welfare of the public, the local exemption procedure

15  shall require participating public food service establishments

16  to apply for and receive a permit from the governing body of

17  the municipality before allowing patrons' dogs on their

18  premises. The municipality shall require such information from

19  the applicant as the municipality deems reasonably necessary

20  to enforce the provisions of this section, but shall require,

21  at a minimum, the following information:

22         1.  Name, location, and mailing address of the public

23  food service establishment.

24         2.  Name, mailing address, and telephone contact

25  information of the permit applicant.

26         3.  A diagram and description of the outdoor area to be

27  designated as available to patrons' dogs, including dimensions

28  of the designated area; a depiction of the number and

29  placement of tables, chairs, and restaurant equipment, if any;

30  the entryways and exits to the designated outdoor area; the

31  boundaries of the designated area and of other areas of

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    Florida Senate - 2006                                  SB 1172
    27-841-06                                           See HB 333




 1  outdoor dining not available for patrons' dogs; any fences or

 2  other barriers; surrounding property lines and public

 3  rights-of-way, including sidewalks and common pathways; and

 4  such other information reasonably required by the permitting

 5  authority. The diagram or plan shall be accurate and to scale

 6  but need not be prepared by a licensed design professional.

 7         4.  A description of the days of the week and hours of

 8  operation that patrons' dogs will be permitted in the

 9  designated outdoor area.

10         (c)  In order to protect the health, safety, and

11  general welfare of the public, the local exemption ordinance

12  shall include such regulations and limitations as deemed

13  necessary by the participating municipality and shall include,

14  but not be limited to, the following requirements:

15         1.  All public food service establishment employees

16  shall wash their hands promptly after touching, petting, or

17  otherwise handling dogs. Employees shall be prohibited from

18  touching, petting, or otherwise handling dogs while serving

19  food or beverages or handling tableware or before entering

20  other parts of the food service establishment.

21         2.  Patrons in a designated outdoor area shall be

22  advised that they should wash their hands before eating.

23  Waterless hand sanitizer shall be provided at all tables in

24  the designated outdoor area.

25         3.  Employees and patrons shall be instructed that they

26  shall not allow dogs to come into contact with serving dishes,

27  utensils, tableware, linens, paper products, or any other

28  items involved with food service operations.

29         4.  Patrons shall keep their dogs on a leash at all

30  times and shall keep their dogs under reasonable control.

31  

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    Florida Senate - 2006                                  SB 1172
    27-841-06                                           See HB 333




 1         5.  Dogs shall not be allowed on chairs, tables, or

 2  other furnishings.

 3         6.  All table and chair surfaces shall be cleaned and

 4  sanitized with an approved product between seating of patrons.

 5  Spilled food and drink shall be removed from the floor or

 6  ground between seating of patrons.

 7         7.  Accidents involving dog waste shall be cleaned

 8  immediately and the area sanitized with an approved product. A

 9  kit with the appropriate materials for this purpose shall be

10  kept near the designated outdoor area.

11         8.  A sign or signs reminding employees of the

12  applicable rules shall be posted on premises in a manner and

13  place as determined by the local permitting authority.

14         9.  A sign or signs reminding patrons of the applicable

15  rules shall be posted on premises in a manner and place as

16  determined by the local permitting authority.

17         10.  A sign or signs shall be posted in a manner and

18  place as determined by the local permitting authority that

19  places the public on notice that the designated outdoor area

20  is available for the use of patrons and patrons' dogs.

21         (5)  POWERS; ENFORCEMENT.--Participating municipalities

22  shall have such powers as are reasonably necessary to regulate

23  and enforce the provisions of this section.

24         (6)  STATE ASSISTANCE.--The division shall provide

25  reasonable assistance to participating municipalities in the

26  development of enforcement procedures and regulations.

27         (7)  FUTURE REVIEW AND REPEAL.--This section shall

28  expire July 1, 2009, unless reviewed and saved from repeal

29  through reenactment by the Legislature.

30         Section 2.  This act shall take effect July 1, 2006.

31  

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