| 1 | Representative(s) Johnson offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove line(s) 74-205 and insert: |
| 5 | program to allow participating local governments to enact an |
| 6 | ordinance establishing procedures by which public food service |
| 7 | establishments could become exempt from certain portions of the |
| 8 | Food and Drug Administration Food Code and allow patrons' dogs |
| 9 | within certain designated outdoor portions of their respective |
| 10 | establishments. |
| 11 | Section 2. Section 509.233, Florida Statutes, is created |
| 12 | to read: |
| 13 | 509.233 Public food service establishment requirements; |
| 14 | local exemption for dogs in designated outdoor portions; pilot |
| 15 | program.-- |
| 16 | (1) INTENT.--It is the intent of the Legislature by this |
| 17 | section to establish a 3-year pilot program for local |
| 18 | governments to allow patrons' dogs within certain designated |
| 19 | outdoor portions of public food service establishments. |
| 20 | (2) LOCAL EXEMPTION AUTHORIZED.--Notwithstanding s. |
| 21 | 509.032(7), the governing body of a local government |
| 22 | participating in the pilot program is authorized to establish, |
| 23 | by ordinance, a local exemption procedure to certain provisions |
| 24 | of the Food and Drug Administration Food Code, as currently |
| 25 | adopted by the division, in order to allow patrons' dogs within |
| 26 | certain designated outdoor portions of public food service |
| 27 | establishments. |
| 28 | (3) LOCAL DISCRETION; CODIFICATION.-- |
| 29 | (a) The adoption of the local exemption procedure shall be |
| 30 | at the sole discretion of the governing body of a participating |
| 31 | local government. Nothing in this section shall be construed to |
| 32 | require or compel a local governing body to adopt an ordinance |
| 33 | pursuant to this section. |
| 34 | (b) Any ordinance adopted pursuant to this section shall |
| 35 | provide for codification within the land development code of a |
| 36 | participating local government. |
| 37 | (4) LIMITATIONS ON EXEMPTION; PERMIT REQUIREMENTS.-- |
| 38 | (a) Any local exemption procedure adopted pursuant to this |
| 39 | section shall only provide a variance to those portions of the |
| 40 | currently adopted Food and Drug Administration Food Code in |
| 41 | order to allow patrons' dogs within certain designated outdoor |
| 42 | portions of public food service establishments. |
| 43 | (b) In order to protect the health, safety, and general |
| 44 | welfare of the public, the local exemption procedure shall |
| 45 | require participating public food service establishments to |
| 46 | apply for and receive a permit from the governing body of the |
| 47 | local government before allowing patrons' dogs on their |
| 48 | premises. The local government shall require from the applicant |
| 49 | such information as the local government deems reasonably |
| 50 | necessary to enforce the provisions of this section, but shall |
| 51 | require, at a minimum, the following information: |
| 52 | 1. The name, location, and mailing address of the public |
| 53 | food service establishment. |
| 54 | 2. The name, mailing address, and telephone contact |
| 55 | information of the permit applicant. |
| 56 | 3. A diagram and description of the outdoor area to be |
| 57 | designated as available to patrons' dogs, including dimensions |
| 58 | of the designated area; a depiction of the number and placement |
| 59 | of tables, chairs, and restaurant equipment, if any; the |
| 60 | entryways and exits to the designated outdoor area; the |
| 61 | boundaries of the designated area and of other areas of outdoor |
| 62 | dining not available for patrons' dogs; any fences or other |
| 63 | barriers; surrounding property lines and public rights-of-way, |
| 64 | including sidewalks and common pathways; and such other |
| 65 | information reasonably required by the permitting authority. The |
| 66 | diagram or plan shall be accurate and to scale but need not be |
| 67 | prepared by a licensed design professional. |
| 68 | 4. A description of the days of the week and hours of |
| 69 | operation that patrons' dogs will be permitted in the designated |
| 70 | outdoor area. |
| 71 | (c) In order to protect the health, safety, and general |
| 72 | welfare of the public, the local exemption ordinance shall |
| 73 | include such regulations and limitations as deemed necessary by |
| 74 | the participating local government and shall include, but not be |
| 75 | limited to, the following requirements: |
| 76 | 1. All public food service establishment employees shall |
| 77 | wash their hands promptly after touching, petting, or otherwise |
| 78 | handling dogs. Employees shall be prohibited from touching, |
| 79 | petting, or otherwise handling dogs while serving food or |
| 80 | beverages or handling tableware or before entering other parts |
| 81 | of the public food service establishment. |
| 82 | 2. Patrons in a designated outdoor area shall be advised |
| 83 | that they should wash their hands before eating. Waterless hand |
| 84 | sanitizer shall be provided at all tables in the designated |
| 85 | outdoor area. |
| 86 | 3. Employees and patrons shall be instructed that they |
| 87 | shall not allow dogs to come into contact with serving dishes, |
| 88 | utensils, tableware, linens, paper products, or any other items |
| 89 | involved in food service operations. |
| 90 | 4. Patrons shall keep their dogs on a leash at all times |
| 91 | and shall keep their dogs under reasonable control. |
| 92 | 5. Dogs shall not be allowed on chairs, tables, or other |
| 93 | furnishings. |
| 94 | 6. All table and chair surfaces shall be cleaned and |
| 95 | sanitized with an approved product between seating of patrons. |
| 96 | Spilled food and drink shall be removed from the floor or ground |
| 97 | between seating of patrons. |
| 98 | 7. Accidents involving dog waste shall be cleaned |
| 99 | immediately and the area sanitized with an approved product. A |
| 100 | kit with the appropriate materials for this purpose shall be |
| 101 | kept near the designated outdoor area. |
| 102 | 8. A sign or signs reminding employees of the applicable |
| 103 | rules shall be posted on premises in a manner and place as |
| 104 | determined by the local permitting authority. |
| 105 | 9. A sign or signs reminding patrons of the applicable |
| 106 | rules shall be posted on premises in a manner and place as |
| 107 | determined by the local permitting authority. |
| 108 | 10. A sign or signs shall be posted in a manner and place |
| 109 | as determined by the local permitting authority that places the |
| 110 | public on notice that the designated outdoor area is available |
| 111 | for the use of patrons and patrons' dogs. |
| 112 | 11. Dogs shall not be permitted to travel through indoor |
| 113 | or nondesignated outdoor portions of the public food service |
| 114 | establishment. |
| 115 | (d) A permit issued pursuant to this section shall not be |
| 116 | transferred to a subsequent owner upon the sale of a public food |
| 117 | service establishment but shall expire automatically upon the |
| 118 | sale of the establishment. The subsequent owner shall be |
| 119 | required to reapply for a permit pursuant to this section if the |
| 120 | subsequent owner wishes to continue to accommodate patrons' |
| 121 | dogs. |
| 122 | (5) POWERS; ENFORCEMENT.--Participating local governments |
| 123 | shall have such powers as are reasonably necessary to regulate |
| 124 | and enforce the provisions of this section. |
| 125 | (6) STATE AND LOCAL COOPERATION.--The division shall |
| 126 | provide reasonable assistance to participating local governments |
| 127 | in the development of enforcement procedures and regulations, |
| 128 | and participating local governments shall monitor permitholders |
| 129 | for compliance in cooperation with the division. At a minimum, |
| 130 | participating local governments shall establish a procedure to |
| 131 | accept, document, and respond to complaints and to timely report |
| 132 | to the division all such complaints and the participating local |
| 133 | governments' enforcement responses to such complaints. A |
| 134 | participating local government shall provide the division with a |
| 135 | copy of all approved applications and permits issued, and the |
| 136 | participating local government shall require that all |
| 137 | applications, |
| 138 |
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| 139 | ======= T I T L E A M E N D M E N T ======= |
| 140 | Remove line(s) 9 and insert: |
| 141 | local governments to adopt an ordinance establishing a local |