HB 793

1	A bill to be entitled
2	An act relating to the City of Orlando, Orange County;
3	providing legislative findings; creating a pilot program;
4	authorizing the City of Orlando to adopt an ordinance
5	establishing a local exemption to certain provisions of
6	general law and agency rules relating to public food
7	service establishments in order to permit patrons' dogs at
8	certain designated outdoor portions of public food service
9	establishments; providing for implementation and
10	enforcement procedures; providing for future review and
11	repeal; providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Public food service establishment requirements;
16	local exemption for dogs in designated outdoor portions;
17	findings and intent; pilot program.--The Legislature finds and
18	declares the following:
19	(1)  This act shall apply only to the City of Orlando.
20	(2)  Chapter 509, Florida Statutes, requires that the
21	Division of Hotels and Restaurants of the Department of Business
22	and Professional Regulation carry out all laws and rules
23	relating to the inspection and regulation of public food service
24	establishments for the purpose of safeguarding the public
25	health, safety, and welfare.
26	(3)  Section 509.013(5), Florida Statutes, defines a public
27	food service establishment as "any building, vehicle, place, or
28	structure, or any room or division of a building, vehicle,
29	place, or structure, or any room or division in a building,
30	vehicle, place, or structure where food is prepared, served, or
31	sold for immediate consumption on or in the vicinity of the
32	premises; called for or taken out by customers; or prepared
33	prior to being delivered to another location for consumption."
34	(4)  Section 509.032, Florida Statutes, requires that the
35	Division of Hotels and Restaurants adopt and enforce such rules
36	as are necessary to ensure the protection of the public from
37	food-borne illness in public food service establishments.
38	(5)  Section 509.032, Florida Statutes, further requires
39	that the Division of Hotels and Restaurants adopt such rules in
40	order to "provide the standards and requirements for obtaining,
41	storing, preparing, processing, serving, or displaying food in
42	public food service establishments, approving the public food
43	service establishment facility plans, conducting necessary
44	public food service establishment inspections for compliance
45	with sanitation regulations, cooperating and coordinating with
46	the Department of Health in epidemiological investigations, and
47	initiating enforcement actions, and for other such
48	responsibilities deemed necessary by the division."
49	(6)  Pursuant to the grant of rulemaking authority cited in
50	subsection (5), the Division of Hotels and Restaurants has
51	adopted chapter 61C-4, Florida Administrative Code, concerning
52	public food service establishments.
53	(7)  Section 61C-4.010, Florida Administrative Code,
54	concerning the sanitation and safety requirements of public food
55	service establishments, includes section 61C-4.010(6), relating
56	to physical facilities, which adopts by reference chapter 6 of
57	the 2001 FDA Food Code as developed by the Food and Drug
58	Administration of the United States Department of Health and
59	Human Services.
60	(8)  Section 6-501.115, 2001 FDA Food Code, generally
61	prohibits live animals from public food service establishments.
62	(9)  Section 509.032(7), Florida Statutes, expressly
63	preempts to the state regulation of public lodging
64	establishments and public food service establishments for
65	compliance with the sanitation standards adopted by the
66	division.
67	(10)  Section 509.032(7), Florida Statutes, expressly
68	limits the general home rule powers of local governments as it
69	relates to the regulation of public food service establishments.
70	(11)  The purpose of this act is to allow the City of
71	Orlando to enact an ordinance establishing procedures by which
72	public food service establishments could exempt their
73	establishments from section 6-501.115, 2001 FDA Food Code, and
74	allow patrons' dogs within certain designated outdoor portions
75	of their respective establishments.
76	(12)  It is therefore the intent of the Legislature by this
77	act to establish a 3-year pilot program in the City of Orlando
78	to allow patrons' dogs within certain designated outdoor
79	portions of participating public food service establishments.
80	Section 2.  Local exemption authorized.--The governing
81	board of the City of Orlando is authorized to establish, by
82	ordinance, a local exemption procedure to section 6-501.115,
83	2001 FDA Food Code, as adopted and incorporated by the Division
84	of Hotels and Restaurants at chapter 61C-4.010(6), Florida
85	Administrative Code.
86	Section 3.  Local discretion; codification.--
87	(1)  The adoption of the local exemption procedure shall be
88	at the sole discretion of the governing board of the City of
89	Orlando. Nothing in this act shall be construed to require or
90	compel the governing board of the City of Orlando to adopt an
91	ordinance pursuant to this act.
92	(2)  Any ordinance adopted pursuant to this act shall
93	provide for codification within the land development code of the
94	City of Orlando.
95	Section 4.  Limitations on exemption; permit
96	requirements.--
97	(1)  Any local exemption procedure adopted pursuant to this
98	act shall only provide a variance to section 6-501.115, 2001 FDA
99	Food Code, to allow patrons' dogs within certain designated
100	outdoor portions of public food service establishments.
101	(2)  In order to protect the health, safety, and general
102	welfare of the public, the local exemption procedure shall
103	require participating public food service establishments to
104	apply for and receive a permit from the City of Orlando before
105	allowing patrons' dogs on their premises. The city shall require
106	such information from the applicant as the city deems reasonably
107	necessary to enforce the provisions of this act, but shall
108	require, at a minimum, the following information:
109	(a)  Name, location, and mailing address of the public food
110	service establishment.
111	(b)  Name, mailing address, and telephone contact
112	information of the permit applicant.
113	(c)  A diagram and description of the outdoor area to be
114	designated as available to patrons' dogs, including dimensions
115	of the designated area; a depiction of the number and placement
116	of tables, chairs, and restaurant equipment, if any; the
117	entryways and exits to the designated outdoor area; the
118	boundaries of the designated area and of other areas of outdoor
119	dining not available for patrons' dogs; any fences or other
120	barriers; surrounding property lines and public rights-of-way,
121	including sidewalks and common pathways; and such other
122	information reasonably required by the permitting authority. The
123	diagram or plan shall be accurate and to scale but need not be
124	prepared by a licensed design professional.
125	(d)  A description of the days of the week and hours of
126	operation that patrons' dogs will be permitted in the designated
127	outdoor area.
128	(3)  In order to protect the health, safety, and general
129	welfare of the public, the local exemption ordinance shall
130	include such regulations and limitations as deemed necessary by
131	the City of Orlando and shall include, but not be limited to,
132	the following requirements:
133	(a)  All public food service establishment employees shall
134	wash their hands promptly after touching, petting, or otherwise
135	handling dogs. Employees shall be prohibited from touching,
136	petting, or otherwise handling dogs while serving food or
137	beverages or handling tableware or before entering other parts
138	of the food service establishment.
139	(b)  Patrons in a designated outdoor area shall be advised
140	that they should wash their hands before eating. Waterless hand
141	sanitizer shall be provided at all tables in the designated
142	outdoor area.
143	(c)  Employees and patrons shall be instructed that they
144	shall not allow dogs to come into contact with serving dishes,
145	utensils, tableware, linens, paper products, or any other items
146	involved with food service operations.
147	(d)  Patrons shall keep their dogs on a leash at all times
148	and shall keep their dogs under reasonable control.
149	(e)  Dogs shall not be allowed on chairs, tables, or other
150	furnishings.
151	(f)  All table and chair surfaces shall be cleaned and
152	sanitized with an approved product between seatings of patrons.
153	Spilled food and drink shall be removed from the floor or ground
154	between seatings of patrons.
155	(g)  Accidents involving dog waste shall be cleaned
156	immediately and the area sanitized with an approved product. A
157	kit with the appropriate materials for this purpose shall be
158	kept near the designated outdoor area.
159	(h)  A sign or signs reminding employees of the applicable
160	rules shall be posted on premises in a manner and place as
161	determined by the local permitting authority.
162	(i)  A sign or signs reminding patrons of the applicable
163	rules shall be posted on premises in a manner and place as
164	determined by the local permitting authority.
165	(j)  A sign or signs shall be posted in a manner and place
166	as determined by the local permitting authority that places the
167	public on notice that the designated outdoor area is available
168	for the use of patrons and patrons' dogs.
169	Section 5.  Powers; enforcement.--The City of Orlando shall
170	have such powers as are reasonably necessary to regulate and
171	enforce the provisions of this act.
172	Section 6.  State assistance.--The Division of Hotels and
173	Restaurants shall provide reasonable assistance to the City of
174	Orlando in the development of enforcement procedures and
175	regulations.
176	Section 7.  This act shall expire July 1, 2009, unless
177	reviewed and saved from repeal through reenactment by the
178	Legislature.
179	Section 8.  This act shall take effect July 1, 2006.

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