Bill No. 0333
Amendment No. 038553
Senate House

1Representative(s) Johnson offered the following:
3     Amendment (with title amendment)
4     Remove line(s) 74-205 and insert:
5program to allow participating local governments to enact an
6ordinance establishing procedures by which public food service
7establishments could become exempt from certain portions of the
8Food and Drug Administration Food Code and allow patrons' dogs
9within certain designated outdoor portions of their respective
11     Section 2.  Section 509.233, Florida Statutes, is created
12to read:
13     509.233  Public food service establishment requirements;
14local exemption for dogs in designated outdoor portions; pilot
16(1)  INTENT.--It is the intent of the Legislature by this
17section to establish a 3-year pilot program for local
18governments to allow patrons' dogs within certain designated
19outdoor portions of public food service establishments.
20     (2)  LOCAL EXEMPTION AUTHORIZED.--Notwithstanding s.
21509.032(7), the governing body of a local government
22participating in the pilot program is authorized to establish,
23by ordinance, a local exemption procedure to certain provisions
24of the Food and Drug Administration Food Code, as currently
25adopted by the division, in order to allow patrons' dogs within
26certain designated outdoor portions of public food service
29     (a)  The adoption of the local exemption procedure shall be
30at the sole discretion of the governing body of a participating
31local government. Nothing in this section shall be construed to
32require or compel a local governing body to adopt an ordinance
33pursuant to this section.
34     (b)  Any ordinance adopted pursuant to this section shall
35provide for codification within the land development code of a
36participating local government.
38     (a)  Any local exemption procedure adopted pursuant to this
39section shall only provide a variance to those portions of the
40currently adopted Food and Drug Administration Food Code in
41order to allow patrons' dogs within certain designated outdoor
42portions of public food service establishments.
43     (b)  In order to protect the health, safety, and general
44welfare of the public, the local exemption procedure shall
45require participating public food service establishments to
46apply for and receive a permit from the governing body of the
47local government before allowing patrons' dogs on their
48premises. The local government shall require from the applicant
49such information as the local government deems reasonably
50necessary to enforce the provisions of this section, but shall
51require, at a minimum, the following information:
52     1.  The name, location, and mailing address of the public
53food service establishment.
54     2.  The name, mailing address, and telephone contact
55information of the permit applicant.
56     3.  A diagram and description of the outdoor area to be
57designated as available to patrons' dogs, including dimensions
58of the designated area; a depiction of the number and placement
59of tables, chairs, and restaurant equipment, if any; the
60entryways and exits to the designated outdoor area; the
61boundaries of the designated area and of other areas of outdoor
62dining not available for patrons' dogs; any fences or other
63barriers; surrounding property lines and public rights-of-way,
64including sidewalks and common pathways; and such other
65information reasonably required by the permitting authority. The
66diagram or plan shall be accurate and to scale but need not be
67prepared by a licensed design professional.
68     4.  A description of the days of the week and hours of
69operation that patrons' dogs will be permitted in the designated
70outdoor area.
71     (c)  In order to protect the health, safety, and general
72welfare of the public, the local exemption ordinance shall
73include such regulations and limitations as deemed necessary by
74the participating local government and shall include, but not be
75limited to, the following requirements:
76     1.  All public food service establishment employees shall
77wash their hands promptly after touching, petting, or otherwise
78handling dogs. Employees shall be prohibited from touching,
79petting, or otherwise handling dogs while serving food or
80beverages or handling tableware or before entering other parts
81of the public food service establishment.
82     2.  Patrons in a designated outdoor area shall be advised
83that they should wash their hands before eating. Waterless hand
84sanitizer shall be provided at all tables in the designated
85outdoor area.
86     3.  Employees and patrons shall be instructed that they
87shall not allow dogs to come into contact with serving dishes,
88utensils, tableware, linens, paper products, or any other items
89involved in food service operations.
90     4.  Patrons shall keep their dogs on a leash at all times
91and shall keep their dogs under reasonable control.
92     5.  Dogs shall not be allowed on chairs, tables, or other
94     6.  All table and chair surfaces shall be cleaned and
95sanitized with an approved product between seating of patrons.
96Spilled food and drink shall be removed from the floor or ground
97between seating of patrons.
98     7.  Accidents involving dog waste shall be cleaned
99immediately and the area sanitized with an approved product. A
100kit with the appropriate materials for this purpose shall be
101kept near the designated outdoor area.
102     8.  A sign or signs reminding employees of the applicable
103rules shall be posted on premises in a manner and place as
104determined by the local permitting authority.
105     9.  A sign or signs reminding patrons of the applicable
106rules shall be posted on premises in a manner and place as
107determined by the local permitting authority.
108     10.  A sign or signs shall be posted in a manner and place
109as determined by the local permitting authority that places the
110public on notice that the designated outdoor area is available
111for the use of patrons and patrons' dogs.
112     11.  Dogs shall not be permitted to travel through indoor
113or nondesignated outdoor portions of the public food service
115     (d)  A permit issued pursuant to this section shall not be
116transferred to a subsequent owner upon the sale of a public food
117service establishment but shall expire automatically upon the
118sale of the establishment. The subsequent owner shall be
119required to reapply for a permit pursuant to this section if the
120subsequent owner wishes to continue to accommodate patrons'
122     (5)  POWERS; ENFORCEMENT.--Participating local governments
123shall have such powers as are reasonably necessary to regulate
124and enforce the provisions of this section.
125     (6)  STATE AND LOCAL COOPERATION.--The division shall
126provide reasonable assistance to participating local governments
127in the development of enforcement procedures and regulations,
128and participating local governments shall monitor permitholders
129for compliance in cooperation with the division. At a minimum,
130participating local governments shall establish a procedure to
131accept, document, and respond to complaints and to timely report
132to the division all such complaints and the participating local
133governments' enforcement responses to such complaints. A
134participating local government shall provide the division with a
135copy of all approved applications and permits issued, and the
136participating local government shall require that all
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140     Remove line(s) 9 and insert:
141local governments to adopt an ordinance establishing a local

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