HB 333

1	A bill to be entitled
2	An act relating to public food service establishments;
3	creating s. 509.233, F.S.; providing legislative findings
4	and intent; creating a pilot program; authorizing
5	municipalities to adopt an ordinance establishing a local
6	exemption to certain provisions of general law and agency
7	rules relating to public food service establishments in
8	order to permit patrons' dogs at certain designated
9	outdoor portions of such establishments; providing for
10	implementation and enforcement procedures; providing for
11	state assistance; providing for future review and repeal;
12	providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Section 509.233, Florida Statutes, is created
17	to read:
18	509.233  Public food service establishment requirements;
19	local exemption for dogs in designated outdoor portions; pilot
20	program.--
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
24	laws and rules relating to the inspection and regulation of
25	public food service establishments for the purpose of
26	safeguarding the public health, safety, and welfare.
27	2.  Section 509.013(5) defines the term "public food
28	service establishment" as "any building, vehicle, place, or
29	structure, or any room or division of a building, vehicle,
30	place, or structure where food is prepared, served, or sold for
31	immediate consumption on or in the vicinity of the premises;
32	called for or taken out by customers; or prepared prior to being
33	delivered to another location for consumption."
34	3.  Section 509.032 requires the division to adopt and
35	enforce such rules as are necessary to ensure the protection of
36	the public from food-borne illness in public food service
37	establishments.
38	4.  Section 509.032 further requires the division to adopt
39	such rules in order to "provide the standards and requirements
40	for obtaining, storing, preparing, processing, serving, or
41	displaying food in public food service establishments, approving
42	public food service establishment facility plans, conducting
43	necessary public food service establishment inspections for
44	compliance with sanitation regulations, cooperating and
45	coordinating with the Department of Health in epidemiological
46	investigations, and initiating enforcement actions, and for
47	other such responsibilities deemed necessary by the division."
48	5.  Pursuant to the grant of rulemaking authority cited in
49	subparagraph 4., the division has adopted chapter 61C-4, Florida
50	Administrative Code, concerning public food service
51	establishments.
52	6.  Section 61C-4.010, Florida Administrative Code,
53	concerning the sanitation and safety requirements of public food
54	service establishments, includes section 61C-4.010(6), relating
55	to physical facilities, which adopts by reference chapter 6 of
56	the 2001 FDA Food Code as developed by the Food and Drug
57	Administration of the United States Department of Health and
58	Human Services.
59	7.  Section 6-501.115, 2001 FDA Food Code, generally
60	prohibits live animals from public food service establishments.
61	8.  Section 509.032(7) expressly preempts to the state
62	regulation of public lodging establishments and public food
63	service establishments for compliance with the sanitation
64	standards adopted by the division.
65	9.  Section 509.032(7) expressly limits the general home
66	rule powers of local governments as it relates to the regulation
67	of public food service establishments.
68	10.  The purpose of this section is to allow participating
69	municipalities to enact an ordinance establishing procedures by
70	which public food service establishments could exempt their
71	establishments from section 6-501.115, 2001 FDA Food Code, and
72	allow patrons' dogs within certain designated outdoor portions
73	of their respective establishments.
74	(b)  It is therefore the intent of the Legislature by this
75	section to establish a 3-year pilot program for municipalities
76	to allow patrons' dogs within certain designated outdoor
77	portions of public food service establishments.
78	(2)  LOCAL EXEMPTION AUTHORIZED.--The governing body of a
79	municipality participating in the pilot program is authorized to
80	establish, by ordinance, a local exemption procedure to section
81	6-501.115, 2001 FDA Food Code, as adopted and incorporated by
82	the Division of Hotels and Restaurants at chapter 61C-4.010(6),
83	Florida Administrative Code.
84	(3)  LOCAL DISCRETION; CODIFICATION.--
85	(a)  The adoption of the local exemption procedure shall be
86	at the sole discretion of the governing body of a participating
87	municipality. Nothing in this section shall be construed to
88	require or compel a municipal governing body to adopt an
89	ordinance pursuant to this section.
90	(b)  Any ordinance adopted pursuant to this section shall
91	provide for codification within the land development code of a
92	participating municipality.
93	(4)  LIMITATIONS ON EXEMPTION; PERMIT REQUIREMENTS.--
94	(a)  Any local exemption procedure adopted pursuant to this
95	section shall only provide a variance to section 6-501.115, 2001
96	FDA Food Code, to allow patrons' dogs within certain designated
97	outdoor portions of public food service establishments.
98	(b)  In order to protect the health, safety, and general
99	welfare of the public, the local exemption procedure shall
100	require participating public food service establishments to
101	apply for and receive a permit from the governing body of the
102	municipality before allowing patrons' dogs on their premises.
103	The municipality shall require such information from the
104	applicant as the municipality deems reasonably necessary to
105	enforce the provisions of this section, but shall require, at a
106	minimum, the following information:
107	1.  Name, location, and mailing address of the public food
108	service establishment.
109	2.  Name, mailing address, and telephone contact
110	information of the permit applicant.
111	3.  A diagram and description of the outdoor area to be
112	designated as available to patrons' dogs, including dimensions
113	of the designated area; a depiction of the number and placement
114	of tables, chairs, and restaurant equipment, if any; the
115	entryways and exits to the designated outdoor area; the
116	boundaries of the designated area and of other areas of outdoor
117	dining not available for patrons' dogs; any fences or other
118	barriers; surrounding property lines and public rights-of-way,
119	including sidewalks and common pathways; and such other
120	information reasonably required by the permitting authority. The
121	diagram or plan shall be accurate and to scale but need not be
122	prepared by a licensed design professional.
123	4.  A description of the days of the week and hours of
124	operation that patrons' dogs will be permitted in the designated
125	outdoor area.
126	(c)  In order to protect the health, safety, and general
127	welfare of the public, the local exemption ordinance shall
128	include such regulations and limitations as deemed necessary by
129	the participating municipality and shall include, but not be
130	limited to, the following requirements:
131	1.  All public food service establishment employees shall
132	wash their hands promptly after touching, petting, or otherwise
133	handling dogs. Employees shall be prohibited from touching,
134	petting, or otherwise handling dogs while serving food or
135	beverages or handling tableware or before entering other parts
136	of the food service establishment.
137	2.  Patrons in a designated outdoor area shall be advised
138	that they should wash their hands before eating. Waterless hand
139	sanitizer shall be provided at all tables in the designated
140	outdoor area.
141	3.  Employees and patrons shall be instructed that they
142	shall not allow dogs to come into contact with serving dishes,
143	utensils, tableware, linens, paper products, or any other items
144	involved with food service operations.
145	4.  Patrons shall keep their dogs on a leash at all times
146	and shall keep their dogs under reasonable control.
147	5.  Dogs shall not be allowed on chairs, tables, or other
148	furnishings.
149	6.  All table and chair surfaces shall be cleaned and
150	sanitized with an approved product between seating of patrons.
151	Spilled food and drink shall be removed from the floor or ground
152	between seating of patrons.
153	7.  Accidents involving dog waste shall be cleaned
154	immediately and the area sanitized with an approved product. A
155	kit with the appropriate materials for this purpose shall be
156	kept near the designated outdoor area.
157	8.  A sign or signs reminding employees of the applicable
158	rules shall be posted on premises in a manner and place as
159	determined by the local permitting authority.
160	9.  A sign or signs reminding patrons of the applicable
161	rules shall be posted on premises in a manner and place as
162	determined by the local permitting authority.
163	10.  A sign or signs shall be posted in a manner and place
164	as determined by the local permitting authority that places the
165	public on notice that the designated outdoor area is available
166	for the use of patrons and patrons' dogs.
167	(5)  POWERS; ENFORCEMENT.--Participating municipalities
168	shall have such powers as are reasonably necessary to regulate
169	and enforce the provisions of this section.
170	(6)  STATE ASSISTANCE.--The division shall provide
171	reasonable assistance to participating municipalities in the
172	development of enforcement procedures and regulations.
173	(7)  FUTURE REVIEW AND REPEAL.--This section shall expire
174	July 1, 2009, unless reviewed and saved from repeal through
175	reenactment by the Legislature.
176	Section 2.  This act shall take effect July 1, 2006.

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