Senate Bill sb1172er

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    2006 Legislature                 CS for SB 1172, 2nd Engrossed



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  2         An act relating to public food service

  3         establishments; providing a short title;

  4         providing legislative findings and intent;

  5         creating s. 509.233, F.S.; creating a pilot

  6         program that authorizes local governments to

  7         adopt an ordinance establishing a local

  8         exemption to certain provisions of general law

  9         and agency rules relating to public food

10         service establishments in order to permit

11         patrons' dogs at certain designated outdoor

12         portions of such establishments; providing for

13         implementation and enforcement procedures;

14         providing for state assistance; providing for

15         future review and repeal; providing an

16         effective date.

17  

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

19  

20         Section 1.  This act may be cited as "The Dixie Cup

21  Clary Local Control Act."

22         Section 2.  Findings and intent.--The Legislature finds

23  and declares:

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

25  Division of Hotels and Restaurants of the Department of

26  Business and Professional Regulation to carry out all laws and

27  rules relating to the inspection and regulation of public food

28  service establishments for the purpose of safeguarding the

29  public health, safety, and welfare.

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

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


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    2006 Legislature                 CS for SB 1172, 2nd Engrossed



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

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

 3  or sold 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, Florida Statutes, requires the

 7  Division of Hotels and Restaurants of the Department of

 8  Business and Professional Regulation to adopt and enforce such

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

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

11         (4)  Section 509.032, Florida Statutes, further

12  requires the Division of Hotels and Restaurants of the

13  Department of Business and Professional Regulation to adopt

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

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

16  displaying food in public food service establishments,

17  approving public food service establishment facility plans,

18  conducting necessary public food service establishment

19  inspections for compliance with sanitation regulations,

20  cooperating and coordinating with the Department of Health in

21  epidemiological investigations, and initiating enforcement

22  actions, and for other such responsibilities deemed necessary

23  by the division."

24         (5)  Pursuant to the grant of rulemaking authority

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

26  and Restaurants of the Department of Business and Professional

27  Regulation has adopted by rule sanitation and safety

28  requirements of public food service establishments, including

29  requirements relating to physical facilities, which adopts by

30  reference certain portions of the Food and Drug Administration

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


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    2006 Legislature                 CS for SB 1172, 2nd Engrossed



 1  Food and Drug Administration of the United States Department

 2  of Health and Human Services.

 3         (6)  The Food and Drug Administration Food Code

 4  generally prohibits live animals from public food service

 5  establishments.

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

 7  preempts to the state regulation of public lodging

 8  establishments and public food service establishments for

 9  compliance with the sanitation standards adopted by the

10  Division of Hotels and Restaurants of the Department of

11  Business and Professional Regulation.

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

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

14  relates to the regulation of public food service

15  establishments.

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

17  pilot program to allow participating local governments to

18  enact an ordinance establishing procedures by which public

19  food service establishments could become exempt from certain

20  portions of the Food and Drug Administration Food Code and

21  allow patrons' dogs within certain designated outdoor portions

22  of their respective establishments.

23         Section 3.  Section 509.233, Florida Statutes, is

24  created to read:

25         509.233  Public food service establishment

26  requirements; local exemption for dogs in designated outdoor

27  portions; pilot program.--

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

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

30  governments to allow patrons' dogs within certain designated

31  outdoor portions of public food service establishments.


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

 2  509.032(7), the governing body of a local government

 3  participating in the pilot program is authorized to establish,

 4  by ordinance, a local exemption procedure to certain

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

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

 7  dogs within certain designated outdoor portions of public food

 8  service establishments.

 9         (3)  LOCAL DISCRETION; CODIFICATION.--

10         (a)  The adoption of the local exemption procedure

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

12  participating local government. Nothing in this section shall

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

14  adopt an ordinance pursuant to this section.

15         (b)  Any ordinance adopted pursuant to this section

16  shall provide for codification within the land development

17  code of a participating local government.

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

19         (a)  Any local exemption procedure adopted pursuant to

20  this section shall only provide a variance to those portions

21  of the currently adopted Food and Drug Administration Food

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

23  outdoor portions of public food service establishments.

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

25  general welfare of the public, the local exemption procedure

26  shall require participating public food service establishments

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

28  the local government before allowing patrons' dogs on their

29  premises. The local government shall require from the

30  applicant such information as the local government deems

31  reasonably necessary to enforce the provisions of this


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    2006 Legislature                 CS for SB 1172, 2nd Engrossed



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

 2  information:

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

 4  public food service establishment.

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

 6  information of the permit applicant.

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

 8  designated as available to patrons' dogs, including dimensions

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

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

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

12  boundaries of the designated area and of other areas of

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

14  other barriers; surrounding property lines and public

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

16  such other information reasonably required by the permitting

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

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

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

20  operation that patrons' dogs will be permitted in the

21  designated outdoor area.

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

23  general welfare of the public, the local exemption ordinance

24  shall include such regulations and limitations as deemed

25  necessary by the participating local government and shall

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

27         1.  All public food service establishment employees

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

29  otherwise handling dogs. Employees shall be prohibited from

30  touching, petting, or otherwise handling dogs while serving

31  


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 1  food or beverages or handling tableware or before entering

 2  other parts of the public food service establishment.

 3         2.  Patrons in a designated outdoor area shall be

 4  advised that they should wash their hands before eating.

 5  Waterless hand sanitizer shall be provided at all tables in

 6  the designated outdoor area.

 7         3.  Employees and patrons shall be instructed that they

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

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

10  items involved in food service operations.

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

12  times and shall keep their dogs under reasonable control.

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

14  other furnishings.

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

16  sanitized with an approved product between seating of patrons.

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

18  ground between seating of patrons.

19         7.  Accidents involving dog waste shall be cleaned

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

21  kit with the appropriate materials for this purpose shall be

22  kept near the designated outdoor area.

23         8.  A sign or signs reminding employees of the

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

25  place as determined by the local permitting authority.

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

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

28  determined by the local permitting authority.

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

30  place as determined by the local permitting authority that

31  


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    2006 Legislature                 CS for SB 1172, 2nd Engrossed



 1  places the public on notice that the designated outdoor area

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

 3         11.  Dogs shall not be permitted to travel through

 4  indoor or nondesignated outdoor portions of the public food

 5  service establishment, and ingress and egress to the

 6  designated outdoor portions of the public food establishment

 7  must not require entrance into or passage through any indoor

 8  area of the food establishment.

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

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

11  food service establishment but shall expire automatically upon

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

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

14  the subsequent owner wishes to continue to accommodate

15  patrons' dogs.

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

17  governments shall have such powers as are reasonably necessary

18  to regulate and enforce the provisions of this section.

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

20  provide reasonable assistance to participating local

21  governments in the development of enforcement procedures and

22  regulations, and participating local governments shall monitor

23  permitholders for compliance in cooperation with the division.

24  At a minimum, participating local governments shall establish

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

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

27  participating local governments' enforcement responses to such

28  complaints. A participating local government shall provide the

29  division with a copy of all approved applications and permits

30  issued, and the participating local government shall require

31  that all applications, permits, and other related materials


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    2006 Legislature                 CS for SB 1172, 2nd Engrossed



 1  contain the appropriate division-issued license number for

 2  each public food service establishment.

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

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

 5  through reenactment by the Legislature.

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

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