HB 0333CS


1The Local Government Council recommends the following:
3     Council/Committee Substitute
4     Remove the entire bill and insert:
A bill to be entitled
6An act relating to public food service establishments;
7providing legislative findings and intent; creating s.
8509.233, F.S.; creating a pilot program that authorizes
9municipalities to adopt an ordinance establishing a local
10exemption to certain provisions of general law and agency
11rules relating to public food service establishments in
12order to permit patrons' dogs at certain designated
13outdoor portions of such establishments; providing for
14implementation and enforcement procedures; providing for
15state assistance; providing for future review and repeal;
16providing an effective date.
18Be It Enacted by the Legislature of the State of Florida:
20     Section 1.  Findings and intent.--The Legislature finds and
22     (1)  Chapter 509, Florida Statutes, requires the Division
23of Hotels and Restaurants of the Department of Business and
24Professional Regulation to carry out all laws and rules relating
25to the inspection and regulation of public food service
26establishments for the purpose of safeguarding the public
27health, safety, and welfare.
28     (2)  Section 509.013(5), Florida Statutes, defines "public
29food service establishment" as "any building, vehicle, place, or
30structure, or any room or division in a building, vehicle,
31place, or structure where food is prepared, served, or sold for
32immediate consumption on or in the vicinity of the premises;
33called for or taken out by customers; or prepared prior to being
34delivered to another location for consumption."
35     (3)  Section 509.032, Florida Statutes, requires the
36Division of Hotels and Restaurants of the Department of Business
37and Professional Regulation to adopt and enforce such rules as
38are necessary to ensure the protection of the public from food-
39borne illness in public food service establishments.
40     (4)  Section 509.032, Florida Statutes, further requires
41the Division of Hotels and Restaurants of the Department of
42Business and Professional Regulation to adopt such rules in
43order to "provide the standards and requirements for obtaining,
44storing, preparing, processing, serving, or displaying food in
45public food service establishments, approving public food
46service establishment facility plans, conducting necessary
47public food service establishment inspections for compliance
48with sanitation regulations, cooperating and coordinating with
49the Department of Health in epidemiological investigations, and
50initiating enforcement actions, and for other such
51responsibilities deemed necessary by the division."
52     (5)  Pursuant to the grant of rulemaking authority cited in
53s. 509.032, Florida Statutes, the Division of Hotels and
54Restaurants of the Department of Business and Professional
55Regulation has adopted by rule sanitation and safety
56requirements of public food service establishments, including
57requirements relating to physical facilities, which adopts by
58reference certain portions of the Food and Drug Administration
59Food Code, as amended from time to time, as developed by the
60Food and Drug Administration of the United States Department of
61Health and Human Services.
62     (6)  The Food and Drug Administration Food Code generally
63prohibits live animals from public food service establishments.
64     (7)  Section 509.032(7), Florida Statutes, expressly
65preempts to the state regulation of public lodging
66establishments and public food service establishments for
67compliance with the sanitation standards adopted by the Division
68of Hotels and Restaurants of the Department of Business and
69Professional Regulation.
70     (8)  Section 509.032(7), Florida Statutes, expressly limits
71the general home rule powers of local governments as it relates
72to the regulation of public food service establishments.
73     (9)  The purpose of this act is to establish a 3-year pilot
74program to allow participating municipalities to enact an
75ordinance establishing procedures by which public food service
76establishments could become exempt from certain portions of the
77Food and Drug Administration Food Code and allow patrons' dogs
78within certain designated outdoor portions of their respective
80     Section 2.  Section 509.233, Florida Statutes, is created
81to read:
82     509.233  Public food service establishment requirements;
83local exemption for dogs in designated outdoor portions; pilot
85(1)  INTENT.--It is the intent of the Legislature by this
86section to establish a 3-year pilot program for municipalities
87to allow patrons' dogs within certain designated outdoor
88portions of public food service establishments.
89     (2)  LOCAL EXEMPTION AUTHORIZED.--Notwithstanding s.
90509.032(7), the governing body of a municipality participating
91in the pilot program is authorized to establish, by ordinance, a
92local exemption procedure to certain provisions of the Food and
93Drug Administration Food Code, as currently adopted by the
94division, in order to allow patrons' dogs within certain
95designated outdoor portions of public food service
98     (a)  The adoption of the local exemption procedure shall be
99at the sole discretion of the governing body of a participating
100municipality. Nothing in this section shall be construed to
101require or compel a municipal governing body to adopt an
102ordinance pursuant to this section.
103     (b)  Any ordinance adopted pursuant to this section shall
104provide for codification within the land development code of a
105participating municipality.
107     (a)  Any local exemption procedure adopted pursuant to this
108section shall only provide a variance to those portions of the
109currently adopted Food and Drug Administration Food Code in
110order to allow patrons' dogs within certain designated outdoor
111portions of public food service establishments.
112     (b)  In order to protect the health, safety, and general
113welfare of the public, the local exemption procedure shall
114require participating public food service establishments to
115apply for and receive a permit from the governing body of the
116municipality before allowing patrons' dogs on their premises.
117The municipality shall require from the applicant such
118information as the municipality deems reasonably necessary to
119enforce the provisions of this section, but shall require, at a
120minimum, the following information:
121     1.  The name, location, and mailing address of the public
122food service establishment.
123     2.  The name, mailing address, and telephone contact
124information of the permit applicant.
125     3.  A diagram and description of the outdoor area to be
126designated as available to patrons' dogs, including dimensions
127of the designated area; a depiction of the number and placement
128of tables, chairs, and restaurant equipment, if any; the
129entryways and exits to the designated outdoor area; the
130boundaries of the designated area and of other areas of outdoor
131dining not available for patrons' dogs; any fences or other
132barriers; surrounding property lines and public rights-of-way,
133including sidewalks and common pathways; and such other
134information reasonably required by the permitting authority. The
135diagram or plan shall be accurate and to scale but need not be
136prepared by a licensed design professional.
137     4.  A description of the days of the week and hours of
138operation that patrons' dogs will be permitted in the designated
139outdoor area.
140     (c)  In order to protect the health, safety, and general
141welfare of the public, the local exemption ordinance shall
142include such regulations and limitations as deemed necessary by
143the participating municipality and shall include, but not be
144limited to, the following requirements:
145     1.  All public food service establishment employees shall
146wash their hands promptly after touching, petting, or otherwise
147handling dogs. Employees shall be prohibited from touching,
148petting, or otherwise handling dogs while serving food or
149beverages or handling tableware or before entering other parts
150of the public food service establishment.
151     2.  Patrons in a designated outdoor area shall be advised
152that they should wash their hands before eating. Waterless hand
153sanitizer shall be provided at all tables in the designated
154outdoor area.
155     3.  Employees and patrons shall be instructed that they
156shall not allow dogs to come into contact with serving dishes,
157utensils, tableware, linens, paper products, or any other items
158involved in food service operations.
159     4.  Patrons shall keep their dogs on a leash at all times
160and shall keep their dogs under reasonable control.
161     5.  Dogs shall not be allowed on chairs, tables, or other
163     6.  All table and chair surfaces shall be cleaned and
164sanitized with an approved product between seating of patrons.
165Spilled food and drink shall be removed from the floor or ground
166between seating of patrons.
167     7.  Accidents involving dog waste shall be cleaned
168immediately and the area sanitized with an approved product. A
169kit with the appropriate materials for this purpose shall be
170kept near the designated outdoor area.
171     8.  A sign or signs reminding employees of the applicable
172rules shall be posted on premises in a manner and place as
173determined by the local permitting authority.
174     9.  A sign or signs reminding patrons of the applicable
175rules shall be posted on premises in a manner and place as
176determined by the local permitting authority.
177     10.  A sign or signs shall be posted in a manner and place
178as determined by the local permitting authority that places the
179public on notice that the designated outdoor area is available
180for the use of patrons and patrons' dogs.
181     11.  Dogs shall not be permitted to travel through indoor
182or nondesignated outdoor portions of the public food service
184     (d)  A permit issued pursuant to this section shall not be
185transferred to a subsequent owner upon the sale of a public food
186service establishment but shall expire automatically upon the
187sale of the establishment. The subsequent owner shall be
188required to reapply for a permit pursuant to this section if the
189subsequent owner wishes to continue to accommodate patrons'
191     (5)  POWERS; ENFORCEMENT.--Participating municipalities
192shall have such powers as are reasonably necessary to regulate
193and enforce the provisions of this section.
194     (6)  STATE AND LOCAL COOPERATION.--The division shall
195provide reasonable assistance to participating municipalities in
196the development of enforcement procedures and regulations, and
197participating municipalities shall monitor permitholders for
198compliance in cooperation with the division. At a minimum,
199participating municipalities shall establish a procedure to
200accept, document, and respond to complaints and to timely report
201to the division all such complaints and the participating
202municipalities' enforcement responses to such complaints. A
203participating municipality shall provide the division with a
204copy of all approved applications and permits issued, and the
205participating municipality shall require that all applications,
206permits, and other related materials contain the appropriate
207division-issued license number for each public food service
209     (7)  FUTURE REVIEW AND REPEAL.--This section shall expire
210July 1, 2009, unless reviewed and saved from repeal through
211reenactment by the Legislature.
212     Section 3.  This act shall take effect July 1, 2006.

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