HB 333

A bill to be entitled
2An act relating to public food service establishments;
3creating s. 509.233, F.S.; providing legislative findings
4and intent; creating a pilot program; authorizing
5municipalities to adopt an ordinance establishing a local
6exemption to certain provisions of general law and agency
7rules relating to public food service establishments in
8order to permit patrons' dogs at certain designated
9outdoor portions of such establishments; providing for
10implementation and enforcement procedures; providing for
11state assistance; providing for future review and repeal;
12providing an effective date.
14Be It Enacted by the Legislature of the State of Florida:
16     Section 1.  Section 509.233, Florida Statutes, is created
17to read:
18     509.233  Public food service establishment requirements;
19local exemption for dogs in designated outdoor portions; pilot
21     (1)  FINDINGS AND INTENT.--
22     (a)  The Legislature finds and declares the following:
23     1.  This chapter requires the division to carry out all
24laws and rules relating to the inspection and regulation of
25public food service establishments for the purpose of
26safeguarding the public health, safety, and welfare.
27     2.  Section 509.013(5) defines the term "public food
28service establishment" as "any building, vehicle, place, or
29structure, or any room or division of a building, vehicle,
30place, or structure where food is prepared, served, or sold for
31immediate consumption on or in the vicinity of the premises;
32called for or taken out by customers; or prepared prior to being
33delivered to another location for consumption."
34     3.  Section 509.032 requires the division to adopt and
35enforce such rules as are necessary to ensure the protection of
36the public from food-borne illness in public food service
38     4.  Section 509.032 further requires the division to adopt
39such rules in order to "provide the standards and requirements
40for obtaining, storing, preparing, processing, serving, or
41displaying food in public food service establishments, approving
42public food service establishment facility plans, conducting
43necessary public food service establishment inspections for
44compliance with sanitation regulations, cooperating and
45coordinating with the Department of Health in epidemiological
46investigations, and initiating enforcement actions, and for
47other such responsibilities deemed necessary by the division."
48     5.  Pursuant to the grant of rulemaking authority cited in
49subparagraph 4., the division has adopted chapter 61C-4, Florida
50Administrative Code, concerning public food service
52     6.  Section 61C-4.010, Florida Administrative Code,
53concerning the sanitation and safety requirements of public food
54service establishments, includes section 61C-4.010(6), relating
55to physical facilities, which adopts by reference chapter 6 of
56the 2001 FDA Food Code as developed by the Food and Drug
57Administration of the United States Department of Health and
58Human Services.
59     7.  Section 6-501.115, 2001 FDA Food Code, generally
60prohibits live animals from public food service establishments.
61     8.  Section 509.032(7) expressly preempts to the state
62regulation of public lodging establishments and public food
63service establishments for compliance with the sanitation
64standards adopted by the division.
65     9.  Section 509.032(7) expressly limits the general home
66rule powers of local governments as it relates to the regulation
67of public food service establishments.
68     10.  The purpose of this section is to allow participating
69municipalities to enact an ordinance establishing procedures by
70which public food service establishments could exempt their
71establishments from section 6-501.115, 2001 FDA Food Code, and
72allow patrons' dogs within certain designated outdoor portions
73of their respective establishments.
74     (b)  It is therefore the intent of the Legislature by this
75section to establish a 3-year pilot program for municipalities
76to allow patrons' dogs within certain designated outdoor
77portions of public food service establishments.
78     (2)  LOCAL EXEMPTION AUTHORIZED.--The governing body of a
79municipality participating in the pilot program is authorized to
80establish, by ordinance, a local exemption procedure to section
816-501.115, 2001 FDA Food Code, as adopted and incorporated by
82the Division of Hotels and Restaurants at chapter 61C-4.010(6),
83Florida Administrative Code.
85     (a)  The adoption of the local exemption procedure shall be
86at the sole discretion of the governing body of a participating
87municipality. Nothing in this section shall be construed to
88require or compel a municipal governing body to adopt an
89ordinance pursuant to this section.
90     (b)  Any ordinance adopted pursuant to this section shall
91provide for codification within the land development code of a
92participating municipality.
94     (a)  Any local exemption procedure adopted pursuant to this
95section shall only provide a variance to section 6-501.115, 2001
96FDA Food Code, to allow patrons' dogs within certain designated
97outdoor portions of public food service establishments.
98     (b)  In order to protect the health, safety, and general
99welfare of the public, the local exemption procedure shall
100require participating public food service establishments to
101apply for and receive a permit from the governing body of the
102municipality before allowing patrons' dogs on their premises.
103The municipality shall require such information from the
104applicant as the municipality deems reasonably necessary to
105enforce the provisions of this section, but shall require, at a
106minimum, the following information:
107     1.  Name, location, and mailing address of the public food
108service establishment.
109     2.  Name, mailing address, and telephone contact
110information of the permit applicant.
111     3.  A diagram and description of the outdoor area to be
112designated as available to patrons' dogs, including dimensions
113of the designated area; a depiction of the number and placement
114of tables, chairs, and restaurant equipment, if any; the
115entryways and exits to the designated outdoor area; the
116boundaries of the designated area and of other areas of outdoor
117dining not available for patrons' dogs; any fences or other
118barriers; surrounding property lines and public rights-of-way,
119including sidewalks and common pathways; and such other
120information reasonably required by the permitting authority. The
121diagram or plan shall be accurate and to scale but need not be
122prepared by a licensed design professional.
123     4.  A description of the days of the week and hours of
124operation that patrons' dogs will be permitted in the designated
125outdoor area.
126     (c)  In order to protect the health, safety, and general
127welfare of the public, the local exemption ordinance shall
128include such regulations and limitations as deemed necessary by
129the participating municipality and shall include, but not be
130limited to, the following requirements:
131     1.  All public food service establishment employees shall
132wash their hands promptly after touching, petting, or otherwise
133handling dogs. Employees shall be prohibited from touching,
134petting, or otherwise handling dogs while serving food or
135beverages or handling tableware or before entering other parts
136of the food service establishment.
137     2.  Patrons in a designated outdoor area shall be advised
138that they should wash their hands before eating. Waterless hand
139sanitizer shall be provided at all tables in the designated
140outdoor area.
141     3.  Employees and patrons shall be instructed that they
142shall not allow dogs to come into contact with serving dishes,
143utensils, tableware, linens, paper products, or any other items
144involved with food service operations.
145     4.  Patrons shall keep their dogs on a leash at all times
146and shall keep their dogs under reasonable control.
147     5.  Dogs shall not be allowed on chairs, tables, or other
149     6.  All table and chair surfaces shall be cleaned and
150sanitized with an approved product between seating of patrons.
151Spilled food and drink shall be removed from the floor or ground
152between seating of patrons.
153     7.  Accidents involving dog waste shall be cleaned
154immediately and the area sanitized with an approved product. A
155kit with the appropriate materials for this purpose shall be
156kept near the designated outdoor area.
157     8.  A sign or signs reminding employees of the applicable
158rules shall be posted on premises in a manner and place as
159determined by the local permitting authority.
160     9.  A sign or signs reminding patrons of the applicable
161rules shall be posted on premises in a manner and place as
162determined by the local permitting authority.
163     10.  A sign or signs shall be posted in a manner and place
164as determined by the local permitting authority that places the
165public on notice that the designated outdoor area is available
166for the use of patrons and patrons' dogs.
167     (5)  POWERS; ENFORCEMENT.--Participating municipalities
168shall have such powers as are reasonably necessary to regulate
169and enforce the provisions of this section.
170     (6)  STATE ASSISTANCE.--The division shall provide
171reasonable assistance to participating municipalities in the
172development of enforcement procedures and regulations.
173     (7)  FUTURE REVIEW AND REPEAL.--This section shall expire
174July 1, 2009, unless reviewed and saved from repeal through
175reenactment by the Legislature.
176     Section 2.  This act shall take effect July 1, 2006.

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