Senate Bill sb1172e1

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  1                      A bill to be entitled

  2         An act relating to public food service

  3         establishments; providing legislative findings

  4         and intent; creating s. 509.233, F.S.; creating

  5         a pilot program that authorizes local

  6         governments to adopt an ordinance establishing

  7         a local exemption to certain provisions of

  8         general law and agency rules relating to public

  9         food service establishments in order to permit

10         patrons' dogs at certain designated outdoor

11         portions of such establishments; providing for

12         implementation and enforcement procedures;

13         providing for state assistance; providing for

14         future review and repeal; providing an

15         effective date.

16  

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

18  

19         Section 1.  Findings and intent.--The Legislature finds

20  and declares:

21         (1)  Chapter 509, Florida Statutes, requires the

22  Division of Hotels and Restaurants of the Department of

23  Business and Professional Regulation to carry out all laws and

24  rules relating to the inspection and regulation of public food

25  service establishments for the purpose of safeguarding the

26  public health, safety, and welfare.

27         (2)  Section 509.013(5), Florida Statutes, defines

28  "public food service establishment" as "any building, vehicle,

29  place, or structure, or any room or division in a building,

30  vehicle, place, or structure, where food is prepared, served,

31  or sold for immediate consumption on or in the vicinity of the


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    CS for SB 1172                                 First Engrossed



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

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

 3         (3)  Section 509.032, Florida Statutes, requires the

 4  Division of Hotels and Restaurants of the Department of

 5  Business and Professional Regulation to adopt and enforce such

 6  rules as are necessary to ensure the protection of the public

 7  from food-borne illness in public food service establishments.

 8         (4)  Section 509.032, Florida Statutes, further

 9  requires the Division of Hotels and Restaurants of the

10  Department of Business and Professional Regulation to adopt

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

12  for obtaining, storing, preparing, processing, serving, or

13  displaying food in public food service establishments,

14  approving public food service establishment facility plans,

15  conducting necessary public food service establishment

16  inspections for compliance with sanitation regulations,

17  cooperating and coordinating with the Department of Health in

18  epidemiological investigations, and initiating enforcement

19  actions, and for other such responsibilities deemed necessary

20  by the division."

21         (5)  Pursuant to the grant of rulemaking authority

22  cited in s. 509.032, Florida Statutes, the Division of Hotels

23  and Restaurants of the Department of Business and Professional

24  Regulation has adopted by rule sanitation and safety

25  requirements of public food service establishments, including

26  requirements relating to physical facilities, which adopts by

27  reference certain portions of the Food and Drug Administration

28  Food Code, as amended from time to time, as developed by the

29  Food and Drug Administration of the United States Department

30  of Health and Human Services.

31  


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 1         (6)  The Food and Drug Administration Food Code

 2  generally prohibits live animals from public food service

 3  establishments.

 4         (7)  Section 509.032(7), Florida Statutes, expressly

 5  preempts to the state regulation of public lodging

 6  establishments and public food service establishments for

 7  compliance with the sanitation standards adopted by the

 8  Division of Hotels and Restaurants of the Department of

 9  Business and Professional Regulation.

10         (8)  Section 509.032(7), Florida Statutes, expressly

11  limits the general home rule powers of local governments as it

12  relates to the regulation of public food service

13  establishments.

14         (9)  The purpose of this act is to establish a 3-year

15  pilot program to allow participating local governments to

16  enact an ordinance establishing procedures by which public

17  food service establishments could become exempt from certain

18  portions of the Food and Drug Administration Food Code and

19  allow patrons' dogs within certain designated outdoor portions

20  of their respective establishments.

21         Section 2.  Section 509.233, Florida Statutes, is

22  created to read:

23         509.233  Public food service establishment

24  requirements; local exemption for dogs in designated outdoor

25  portions; pilot program.--

26         (1)  INTENT.--It is the intent of the Legislature by

27  this section to establish a 3-year pilot program for local

28  governments to allow patrons' dogs within certain designated

29  outdoor portions of public food service establishments.

30         (2)  LOCAL EXEMPTION AUTHORIZED.--Notwithstanding s.

31  509.032(7), the governing body of a local government


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 1  participating in the pilot program is authorized to establish,

 2  by ordinance, a local exemption procedure to certain

 3  provisions of the Food and Drug Administration Food Code, as

 4  currently adopted by the division, in order to allow patrons'

 5  dogs within certain designated outdoor portions of public food

 6  service establishments.

 7         (3)  LOCAL DISCRETION; CODIFICATION.--

 8         (a)  The adoption of the local exemption procedure

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

10  participating local government. Nothing in this section shall

11  be construed to require or compel a local governing body to

12  adopt an ordinance pursuant to this section.

13         (b)  Any ordinance adopted pursuant to this section

14  shall provide for codification within the land development

15  code of a participating local government.

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

17         (a)  Any local exemption procedure adopted pursuant to

18  this section shall only provide a variance to those portions

19  of the currently adopted Food and Drug Administration Food

20  Code in order to allow patrons' dogs within certain designated

21  outdoor portions of public food service establishments.

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

23  general welfare of the public, the local exemption procedure

24  shall require participating public food service establishments

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

26  the local government before allowing patrons' dogs on their

27  premises. The local government shall require from the

28  applicant such information as the local government deems

29  reasonably necessary to enforce the provisions of this

30  section, but shall require, at a minimum, the following

31  information:


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 1         1.  The name, location, and mailing address of the

 2  public food service establishment.

 3         2.  The name, mailing address, and telephone contact

 4  information of the permit applicant.

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

 6  designated as available to patrons' dogs, including dimensions

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

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

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

10  boundaries of the designated area and of other areas of

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

12  other barriers; surrounding property lines and public

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

14  such other information reasonably required by the permitting

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

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

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

18  operation that patrons' dogs will be permitted in the

19  designated outdoor area.

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

21  general welfare of the public, the local exemption ordinance

22  shall include such regulations and limitations as deemed

23  necessary by the participating local government and shall

24  include, but not be limited to, the following requirements:

25         1.  All public food service establishment employees

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

27  otherwise handling dogs. Employees shall be prohibited from

28  touching, petting, or otherwise handling dogs while serving

29  food or beverages or handling tableware or before entering

30  other parts of the public food service establishment.

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 1         2.  Patrons in a designated outdoor area shall be

 2  advised that they should wash their hands before eating.

 3  Waterless hand sanitizer shall be provided at all tables in

 4  the designated outdoor area.

 5         3.  Employees and patrons shall be instructed that they

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

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

 8  items involved in food service operations.

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

10  times and shall keep their dogs under reasonable control.

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

12  other furnishings.

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

14  sanitized with an approved product between seating of patrons.

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

16  ground between seating of patrons.

17         7.  Accidents involving dog waste shall be cleaned

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

19  kit with the appropriate materials for this purpose shall be

20  kept near the designated outdoor area.

21         8.  A sign or signs reminding employees of the

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

23  place as determined by the local permitting authority.

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

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

26  determined by the local permitting authority.

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

28  place as determined by the local permitting authority that

29  places the public on notice that the designated outdoor area

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

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 1         11.  Dogs shall not be permitted to travel through

 2  indoor or nondesignated outdoor portions of the public food

 3  service establishment, and ingress and egress to the

 4  designated outdoor portions of the public food establishment

 5  must not require entrance into or passage through any indoor

 6  area of the food establishment.

 7         (d)  A permit issued pursuant to this section shall not

 8  be transferred to a subsequent owner upon the sale of a public

 9  food service establishment but shall expire automatically upon

10  the sale of the establishment. The subsequent owner shall be

11  required to reapply for a permit pursuant to this section if

12  the subsequent owner wishes to continue to accommodate

13  patrons' dogs.

14         (5)  POWERS; ENFORCEMENT.--Participating local

15  governments shall have such powers as are reasonably necessary

16  to regulate and enforce the provisions of this section.

17         (6)  STATE AND LOCAL COOPERATION.--The division shall

18  provide reasonable assistance to participating local

19  governments in the development of enforcement procedures and

20  regulations, and participating local governments shall monitor

21  permitholders for compliance in cooperation with the division.

22  At a minimum, participating local governments shall establish

23  a procedure to accept, document, and respond to complaints and

24  to timely report to the division all such complaints and the

25  participating local governments' enforcement responses to such

26  complaints. A participating local government shall provide the

27  division with a copy of all approved applications and permits

28  issued, and the participating local government shall require

29  that all applications, permits, and other related materials

30  contain the appropriate division-issued license number for

31  each public food service establishment.


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

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

 3  through reenactment by the Legislature.

 4         Section 3.  This act shall take effect July 1, 2006.

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