HB 793

A bill to be entitled
2An act relating to the City of Orlando, Orange County;
3providing legislative findings; creating a pilot program;
4authorizing the City of Orlando to adopt an ordinance
5establishing a local exemption to certain provisions of
6general law and agency rules relating to public food
7service establishments in order to permit patrons' dogs at
8certain designated outdoor portions of public food service
9establishments; providing for implementation and
10enforcement procedures; providing for future review and
11repeal; providing an effective date.
13Be It Enacted by the Legislature of the State of Florida:
15     Section 1.  Public food service establishment requirements;
16local exemption for dogs in designated outdoor portions;
17findings and intent; pilot program.--The Legislature finds and
18declares the following:
19     (1)  This act shall apply only to the City of Orlando.
20     (2)  Chapter 509, Florida Statutes, requires that the
21Division of Hotels and Restaurants of the Department of Business
22and Professional Regulation carry out all laws and rules
23relating to the inspection and regulation of public food service
24establishments for the purpose of safeguarding the public
25health, safety, and welfare.
26     (3)  Section 509.013(5), Florida Statutes, defines a public
27food service establishment as "any building, vehicle, place, or
28structure, or any room or division of a building, vehicle,
29place, or structure, or any room or division in a building,
30vehicle, place, or structure where food is prepared, served, or
31sold for immediate consumption on or in the vicinity of the
32premises; called for or taken out by customers; or prepared
33prior to being delivered to another location for consumption."
34     (4)  Section 509.032, Florida Statutes, requires that the
35Division of Hotels and Restaurants adopt and enforce such rules
36as are necessary to ensure the protection of the public from
37food-borne illness in public food service establishments.
38     (5)  Section 509.032, Florida Statutes, further requires
39that the Division of Hotels and Restaurants adopt such rules in
40order to "provide the standards and requirements for obtaining,
41storing, preparing, processing, serving, or displaying food in
42public food service establishments, approving the public food
43service establishment facility plans, conducting necessary
44public food service establishment inspections for compliance
45with sanitation regulations, cooperating and coordinating with
46the Department of Health in epidemiological investigations, and
47initiating enforcement actions, and for other such
48responsibilities deemed necessary by the division."
49     (6)  Pursuant to the grant of rulemaking authority cited in
50subsection (5), the Division of Hotels and Restaurants has
51adopted chapter 61C-4, Florida Administrative Code, concerning
52public food service establishments.
53     (7)  Section 61C-4.010, Florida Administrative Code,
54concerning the sanitation and safety requirements of public food
55service establishments, includes section 61C-4.010(6), relating
56to physical facilities, which adopts by reference chapter 6 of
57the 2001 FDA Food Code as developed by the Food and Drug
58Administration of the United States Department of Health and
59Human Services.
60     (8)  Section 6-501.115, 2001 FDA Food Code, generally
61prohibits live animals from public food service establishments.
62     (9)  Section 509.032(7), Florida Statutes, expressly
63preempts to the state regulation of public lodging
64establishments and public food service establishments for
65compliance with the sanitation standards adopted by the
67     (10)  Section 509.032(7), Florida Statutes, expressly
68limits the general home rule powers of local governments as it
69relates to the regulation of public food service establishments.
70     (11)  The purpose of this act is to allow the City of
71Orlando to enact an ordinance establishing procedures by which
72public food service establishments could exempt their
73establishments from section 6-501.115, 2001 FDA Food Code, and
74allow patrons' dogs within certain designated outdoor portions
75of their respective establishments.
76     (12)  It is therefore the intent of the Legislature by this
77act to establish a 3-year pilot program in the City of Orlando
78to allow patrons' dogs within certain designated outdoor
79portions of participating public food service establishments.
80     Section 2.  Local exemption authorized.--The governing
81board of the City of Orlando is authorized to establish, by
82ordinance, a local exemption procedure to section 6-501.115,
832001 FDA Food Code, as adopted and incorporated by the Division
84of Hotels and Restaurants at chapter 61C-4.010(6), Florida
85Administrative Code.
86     Section 3.  Local discretion; codification.--
87     (1)  The adoption of the local exemption procedure shall be
88at the sole discretion of the governing board of the City of
89Orlando. Nothing in this act shall be construed to require or
90compel the governing board of the City of Orlando to adopt an
91ordinance pursuant to this act.
92     (2)  Any ordinance adopted pursuant to this act shall
93provide for codification within the land development code of the
94City of Orlando.
95     Section 4.  Limitations on exemption; permit
97     (1)  Any local exemption procedure adopted pursuant to this
98act shall only provide a variance to section 6-501.115, 2001 FDA
99Food Code, to allow patrons' dogs within certain designated
100outdoor portions of public food service establishments.
101     (2)  In order to protect the health, safety, and general
102welfare of the public, the local exemption procedure shall
103require participating public food service establishments to
104apply for and receive a permit from the City of Orlando before
105allowing patrons' dogs on their premises. The city shall require
106such information from the applicant as the city deems reasonably
107necessary to enforce the provisions of this act, but shall
108require, at a minimum, the following information:
109     (a)  Name, location, and mailing address of the public food
110service establishment.
111     (b)  Name, mailing address, and telephone contact
112information of the permit applicant.
113     (c)  A diagram and description of the outdoor area to be
114designated as available to patrons' dogs, including dimensions
115of the designated area; a depiction of the number and placement
116of tables, chairs, and restaurant equipment, if any; the
117entryways and exits to the designated outdoor area; the
118boundaries of the designated area and of other areas of outdoor
119dining not available for patrons' dogs; any fences or other
120barriers; surrounding property lines and public rights-of-way,
121including sidewalks and common pathways; and such other
122information reasonably required by the permitting authority. The
123diagram or plan shall be accurate and to scale but need not be
124prepared by a licensed design professional.
125     (d)  A description of the days of the week and hours of
126operation that patrons' dogs will be permitted in the designated
127outdoor area.
128     (3)  In order to protect the health, safety, and general
129welfare of the public, the local exemption ordinance shall
130include such regulations and limitations as deemed necessary by
131the City of Orlando and shall include, but not be limited to,
132the following requirements:
133     (a)  All public food service establishment employees shall
134wash their hands promptly after touching, petting, or otherwise
135handling dogs. Employees shall be prohibited from touching,
136petting, or otherwise handling dogs while serving food or
137beverages or handling tableware or before entering other parts
138of the food service establishment.
139     (b)  Patrons in a designated outdoor area shall be advised
140that they should wash their hands before eating. Waterless hand
141sanitizer shall be provided at all tables in the designated
142outdoor area.
143     (c)  Employees and patrons shall be instructed that they
144shall not allow dogs to come into contact with serving dishes,
145utensils, tableware, linens, paper products, or any other items
146involved with food service operations.
147     (d)  Patrons shall keep their dogs on a leash at all times
148and shall keep their dogs under reasonable control.
149     (e)  Dogs shall not be allowed on chairs, tables, or other
151     (f)  All table and chair surfaces shall be cleaned and
152sanitized with an approved product between seatings of patrons.
153Spilled food and drink shall be removed from the floor or ground
154between seatings of patrons.
155     (g)  Accidents involving dog waste shall be cleaned
156immediately and the area sanitized with an approved product. A
157kit with the appropriate materials for this purpose shall be
158kept near the designated outdoor area.
159     (h)  A sign or signs reminding employees of the applicable
160rules shall be posted on premises in a manner and place as
161determined by the local permitting authority.
162     (i)  A sign or signs reminding patrons of the applicable
163rules shall be posted on premises in a manner and place as
164determined by the local permitting authority.
165     (j)  A sign or signs shall be posted in a manner and place
166as determined by the local permitting authority that places the
167public on notice that the designated outdoor area is available
168for the use of patrons and patrons' dogs.
169     Section 5.  Powers; enforcement.--The City of Orlando shall
170have such powers as are reasonably necessary to regulate and
171enforce the provisions of this act.
172     Section 6.  State assistance.--The Division of Hotels and
173Restaurants shall provide reasonable assistance to the City of
174Orlando in the development of enforcement procedures and
176     Section 7.  This act shall expire July 1, 2009, unless
177reviewed and saved from repeal through reenactment by the
179     Section 8.  This act shall take effect July 1, 2006.

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