1 | The Local Government Council recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to public food service establishments; |
7 | providing legislative findings and intent; creating s. |
8 | 509.233, F.S.; creating a pilot program that authorizes |
9 | municipalities to adopt an ordinance establishing a local |
10 | exemption to certain provisions of general law and agency |
11 | rules relating to public food service establishments in |
12 | order to permit patrons' dogs at certain designated |
13 | outdoor portions of such establishments; providing for |
14 | implementation and enforcement procedures; providing for |
15 | state assistance; providing for future review and repeal; |
16 | providing an effective date. |
17 |
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18 | Be It Enacted by the Legislature of the State of Florida: |
19 |
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20 | Section 1. Findings and intent.--The Legislature finds and |
21 | declares: |
22 | (1) Chapter 509, Florida Statutes, requires the Division |
23 | of Hotels and Restaurants of the Department of Business and |
24 | Professional Regulation to carry out all laws and rules relating |
25 | to the inspection and regulation of public food service |
26 | establishments for the purpose of safeguarding the public |
27 | health, safety, and welfare. |
28 | (2) Section 509.013(5), Florida Statutes, defines "public |
29 | food service establishment" as "any building, vehicle, place, or |
30 | structure, or any room or division in a building, vehicle, |
31 | place, or structure where food is prepared, served, or sold for |
32 | immediate consumption on or in the vicinity of the premises; |
33 | called for or taken out by customers; or prepared prior to being |
34 | delivered to another location for consumption." |
35 | (3) Section 509.032, Florida Statutes, requires the |
36 | Division of Hotels and Restaurants of the Department of Business |
37 | and Professional Regulation to adopt and enforce such rules as |
38 | are necessary to ensure the protection of the public from food- |
39 | borne illness in public food service establishments. |
40 | (4) Section 509.032, Florida Statutes, further requires |
41 | the Division of Hotels and Restaurants of the Department of |
42 | Business and Professional Regulation to adopt such rules in |
43 | order to "provide the standards and requirements for obtaining, |
44 | storing, preparing, processing, serving, or displaying food in |
45 | public food service establishments, approving public food |
46 | service establishment facility plans, conducting necessary |
47 | public food service establishment inspections for compliance |
48 | with sanitation regulations, cooperating and coordinating with |
49 | the Department of Health in epidemiological investigations, and |
50 | initiating enforcement actions, and for other such |
51 | responsibilities deemed necessary by the division." |
52 | (5) Pursuant to the grant of rulemaking authority cited in |
53 | s. 509.032, Florida Statutes, the Division of Hotels and |
54 | Restaurants of the Department of Business and Professional |
55 | Regulation has adopted by rule sanitation and safety |
56 | requirements of public food service establishments, including |
57 | requirements relating to physical facilities, which adopts by |
58 | reference certain portions of the Food and Drug Administration |
59 | Food Code, as amended from time to time, as developed by the |
60 | Food and Drug Administration of the United States Department of |
61 | Health and Human Services. |
62 | (6) The Food and Drug Administration Food Code generally |
63 | prohibits live animals from public food service establishments. |
64 | (7) Section 509.032(7), Florida Statutes, expressly |
65 | preempts to the state regulation of public lodging |
66 | establishments and public food service establishments for |
67 | compliance with the sanitation standards adopted by the Division |
68 | of Hotels and Restaurants of the Department of Business and |
69 | Professional Regulation. |
70 | (8) Section 509.032(7), Florida Statutes, expressly limits |
71 | the general home rule powers of local governments as it relates |
72 | to the regulation of public food service establishments. |
73 | (9) The purpose of this act is to establish a 3-year pilot |
74 | program to allow participating municipalities to enact an |
75 | ordinance establishing procedures by which public food service |
76 | establishments could become exempt from certain portions of the |
77 | Food and Drug Administration Food Code and allow patrons' dogs |
78 | within certain designated outdoor portions of their respective |
79 | establishments. |
80 | Section 2. Section 509.233, Florida Statutes, is created |
81 | to read: |
82 | 509.233 Public food service establishment requirements; |
83 | local exemption for dogs in designated outdoor portions; pilot |
84 | program.-- |
85 | (1) INTENT.--It is the intent of the Legislature by this |
86 | section to establish a 3-year pilot program for municipalities |
87 | to allow patrons' dogs within certain designated outdoor |
88 | portions of public food service establishments. |
89 | (2) LOCAL EXEMPTION AUTHORIZED.--Notwithstanding s. |
90 | 509.032(7), the governing body of a municipality participating |
91 | in the pilot program is authorized to establish, by ordinance, a |
92 | local exemption procedure to certain provisions of the Food and |
93 | Drug Administration Food Code, as currently adopted by the |
94 | division, in order to allow patrons' dogs within certain |
95 | designated outdoor portions of public food service |
96 | establishments. |
97 | (3) LOCAL DISCRETION; CODIFICATION.-- |
98 | (a) The adoption of the local exemption procedure shall be |
99 | at the sole discretion of the governing body of a participating |
100 | municipality. Nothing in this section shall be construed to |
101 | require or compel a municipal governing body to adopt an |
102 | ordinance pursuant to this section. |
103 | (b) Any ordinance adopted pursuant to this section shall |
104 | provide for codification within the land development code of a |
105 | participating municipality. |
106 | (4) LIMITATIONS ON EXEMPTION; PERMIT REQUIREMENTS.-- |
107 | (a) Any local exemption procedure adopted pursuant to this |
108 | section shall only provide a variance to those portions of the |
109 | currently adopted Food and Drug Administration Food Code in |
110 | order to allow patrons' dogs within certain designated outdoor |
111 | portions of public food service establishments. |
112 | (b) In order to protect the health, safety, and general |
113 | welfare of the public, the local exemption procedure shall |
114 | require participating public food service establishments to |
115 | apply for and receive a permit from the governing body of the |
116 | municipality before allowing patrons' dogs on their premises. |
117 | The municipality shall require from the applicant such |
118 | information as the municipality deems reasonably necessary to |
119 | enforce the provisions of this section, but shall require, at a |
120 | minimum, the following information: |
121 | 1. The name, location, and mailing address of the public |
122 | food service establishment. |
123 | 2. The name, mailing address, and telephone contact |
124 | information of the permit applicant. |
125 | 3. A diagram and description of the outdoor area to be |
126 | designated as available to patrons' dogs, including dimensions |
127 | of the designated area; a depiction of the number and placement |
128 | of tables, chairs, and restaurant equipment, if any; the |
129 | entryways and exits to the designated outdoor area; the |
130 | boundaries of the designated area and of other areas of outdoor |
131 | dining not available for patrons' dogs; any fences or other |
132 | barriers; surrounding property lines and public rights-of-way, |
133 | including sidewalks and common pathways; and such other |
134 | information reasonably required by the permitting authority. The |
135 | diagram or plan shall be accurate and to scale but need not be |
136 | prepared by a licensed design professional. |
137 | 4. A description of the days of the week and hours of |
138 | operation that patrons' dogs will be permitted in the designated |
139 | outdoor area. |
140 | (c) In order to protect the health, safety, and general |
141 | welfare of the public, the local exemption ordinance shall |
142 | include such regulations and limitations as deemed necessary by |
143 | the participating municipality and shall include, but not be |
144 | limited to, the following requirements: |
145 | 1. All public food service establishment employees shall |
146 | wash their hands promptly after touching, petting, or otherwise |
147 | handling dogs. Employees shall be prohibited from touching, |
148 | petting, or otherwise handling dogs while serving food or |
149 | beverages or handling tableware or before entering other parts |
150 | of the public food service establishment. |
151 | 2. Patrons in a designated outdoor area shall be advised |
152 | that they should wash their hands before eating. Waterless hand |
153 | sanitizer shall be provided at all tables in the designated |
154 | outdoor area. |
155 | 3. Employees and patrons shall be instructed that they |
156 | shall not allow dogs to come into contact with serving dishes, |
157 | utensils, tableware, linens, paper products, or any other items |
158 | involved in food service operations. |
159 | 4. Patrons shall keep their dogs on a leash at all times |
160 | and shall keep their dogs under reasonable control. |
161 | 5. Dogs shall not be allowed on chairs, tables, or other |
162 | furnishings. |
163 | 6. All table and chair surfaces shall be cleaned and |
164 | sanitized with an approved product between seating of patrons. |
165 | Spilled food and drink shall be removed from the floor or ground |
166 | between seating of patrons. |
167 | 7. Accidents involving dog waste shall be cleaned |
168 | immediately and the area sanitized with an approved product. A |
169 | kit with the appropriate materials for this purpose shall be |
170 | kept near the designated outdoor area. |
171 | 8. A sign or signs reminding employees of the applicable |
172 | rules shall be posted on premises in a manner and place as |
173 | determined by the local permitting authority. |
174 | 9. A sign or signs reminding patrons of the applicable |
175 | rules shall be posted on premises in a manner and place as |
176 | determined by the local permitting authority. |
177 | 10. A sign or signs shall be posted in a manner and place |
178 | as determined by the local permitting authority that places the |
179 | public on notice that the designated outdoor area is available |
180 | for the use of patrons and patrons' dogs. |
181 | 11. Dogs shall not be permitted to travel through indoor |
182 | or nondesignated outdoor portions of the public food service |
183 | establishment. |
184 | (d) A permit issued pursuant to this section shall not be |
185 | transferred to a subsequent owner upon the sale of a public food |
186 | service establishment but shall expire automatically upon the |
187 | sale of the establishment. The subsequent owner shall be |
188 | required to reapply for a permit pursuant to this section if the |
189 | subsequent owner wishes to continue to accommodate patrons' |
190 | dogs. |
191 | (5) POWERS; ENFORCEMENT.--Participating municipalities |
192 | shall have such powers as are reasonably necessary to regulate |
193 | and enforce the provisions of this section. |
194 | (6) STATE AND LOCAL COOPERATION.--The division shall |
195 | provide reasonable assistance to participating municipalities in |
196 | the development of enforcement procedures and regulations, and |
197 | participating municipalities shall monitor permitholders for |
198 | compliance in cooperation with the division. At a minimum, |
199 | participating municipalities shall establish a procedure to |
200 | accept, document, and respond to complaints and to timely report |
201 | to the division all such complaints and the participating |
202 | municipalities' enforcement responses to such complaints. A |
203 | participating municipality shall provide the division with a |
204 | copy of all approved applications and permits issued, and the |
205 | participating municipality shall require that all applications, |
206 | permits, and other related materials contain the appropriate |
207 | division-issued license number for each public food service |
208 | establishment. |
209 | (7) FUTURE REVIEW AND REPEAL.--This section shall expire |
210 | July 1, 2009, unless reviewed and saved from repeal through |
211 | reenactment by the Legislature. |
212 | Section 3. This act shall take effect July 1, 2006. |