Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 1462
                        Barcode 393638
                            CHAMBER ACTION
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11  The Committee on Health Regulation (Fasano) recommended the
12  following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Paragraph (b) of subsection (1) of section
19  381.0072, Florida Statutes, is amended to read:
20         381.0072  Food service protection.--It shall be the
21  duty of the Department of Health to adopt and enforce
22  sanitation rules consistent with law to ensure the protection
23  of the public from food-borne illness. These rules shall
24  provide the standards and requirements for the storage,
25  preparation, serving, or display of food in food service
26  establishments as defined in this section and which are not
27  permitted or licensed under chapter 500 or chapter 509.
28         (1)  DEFINITIONS.--As used in this section, the term:
29         (b)  "Food service establishment" means any facility,
30  as described in this paragraph, where food is prepared and
31  intended for individual portion service, and includes the site
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Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1462 Barcode 393638 1 at which individual portions are provided. The term includes 2 any such facility regardless of whether consumption is on or 3 off the premises and regardless of whether there is a charge 4 for the food. The term includes detention facilities, child 5 care facilities, schools, institutions, civic or fraternal 6 organizations, bars and lounges and facilities used at 7 temporary food events, mobile food units, and vending machines 8 at any facility regulated under this section. The term does 9 not include private homes where food is prepared or served for 10 individual family consumption; nor does the term include 11 churches, synagogues, or other not-for-profit religious 12 organizations as long as these organizations serve only their 13 members and guests and do not advertise food or drink for 14 public consumption, or any facility or establishment permitted 15 or licensed under chapter 500 or chapter 509; nor does the 16 term include any theater, if the primary use is as a theater 17 and if patron service is limited to food items customarily 18 served to the admittees of theaters; nor does the term include 19 a research and development test kitchen limited to the use of 20 employees and which is not open to the general public; nor 21 does the term include restrooms in a public airport as defined 22 in ss. 330.27(2) and 330.27(6) which are not located within a 23 food service establishment. 24 Section 2. Paragraph (b) of subsection (5) of section 25 509.013, Florida Statutes, is amended to read: 26 509.013 Definitions.--As used in this chapter, the 27 term: 28 (5) 29 (b) The following are excluded from the definition in 30 paragraph (a): 31 1. Any place maintained and operated by a public or 2 12:29 PM 03/20/07 s1462d-hr11-r5r
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1462 Barcode 393638 1 private school, college, or university: 2 a. For the use of students and faculty; or 3 b. Temporarily to serve such events as fairs, 4 carnivals, and athletic contests. 5 2. Any eating place maintained and operated by a 6 church or a religious, nonprofit fraternal, or nonprofit civic 7 organization: 8 a. For the use of members and associates; or 9 b. Temporarily to serve such events as fairs, 10 carnivals, or athletic contests. 11 3. Any eating place located on an airplane, train, 12 bus, or watercraft which is a common carrier. 13 4. Any eating place maintained by a hospital, nursing 14 home, sanitarium, assisted living facility, adult day care 15 center, or other similar place that is regulated under s. 16 381.0072. 17 5. Any place of business issued a permit or inspected 18 by the Department of Agriculture and Consumer Services under 19 s. 500.12. 20 6. Any place of business where the food available for 21 consumption is limited to ice, beverages with or without 22 garnishment, popcorn, or prepackaged items sold without 23 additions or preparation. 24 7. Any theater, if the primary use is as a theater and 25 if patron service is limited to food items customarily served 26 to the admittees of theaters. 27 8. Any vending machine that dispenses any food or 28 beverages other than potentially hazardous foods, as defined 29 by division rule. 30 9. Any vending machine that dispenses potentially 31 hazardous food and which is located in a facility regulated 3 12:29 PM 03/20/07 s1462d-hr11-r5r
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1462 Barcode 393638 1 under s. 381.0072. 2 10. Any research and development test kitchen limited 3 to the use of employees and which is not open to the general 4 public. 5 11. Restrooms in a public airport as defined in ss. 6 330.27(2) and 330.27(6) which are not located within a food 7 service establishment. 8 Section 3. The Division of Hotels and Restaurants 9 within the Department of Business and Professional Regulation 10 shall inspect each food service establishment and its toilet 11 facilities as often as necessary to ensure compliance with 12 applicable laws and rules. The division shall have the right 13 of entry and access to these food service establishments at 14 any reasonable time. In inspecting food service establishments 15 as provided under this section, the division shall provide 16 each inspected establishment with the food recovery brochure 17 developed under s. 570.0725, Florida Statutes. 18 (1) A toilet facility in a food service establishment 19 licensed under chapter 509, Florida Statutes, must meet the 20 following minimum sanitation standards: 21 (a) Each toilet facility located on the premises of 22 the food service establishment must be completely enclosed and 23 provided with a tight-fitting, self-closing door. Such door 24 may not be left open except during cleaning or maintenance. 25 (b) Toilet facilities that are used by patrons must be 26 situated so that a patron does not pass through 27 food-preparation or utensil-washing areas. 28 (c) Toilet fixtures must be cleanable. 29 (d) Toilet facilities, including rooms and fixtures, 30 must be kept clean and in good repair. 31 (e) The floors must be made of a nonabsorbent material 4 12:29 PM 03/20/07 s1462d-hr11-r5r
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1462 Barcode 393638 1 and cleaned daily. The requirement that floors be made of a 2 nonabsorbent material applies only to food service 3 establishments that are constructed or substantially remodeled 4 after July 1, 2007. 5 (f) Receptacles must be provided for waste material, 6 and such receptacles must contain a trash-can liner. These 7 receptacles in toilet facilities for women must be covered. 8 Receptacles must be emptied as necessary to prevent excessive 9 accumulation of waste material. 10 (g) A supply of hand-cleansing, antibacterial soap or 11 detergent must be available in each toilet facility, and hot 12 and cold running water must be available at each hand-washing 13 sink within a toilet facility. A supply of sanitary towels or 14 a hand-drying device providing heated air must be located in 15 each toilet facility. Applicable to food service 16 establishments that are constructed or substantially remodeled 17 after July 1, 2007, hand-washing sinks that have an automatic 18 shut-off must run for a minimum of 20 seconds. Hand-washing 19 sinks, soap dispensers, hand-drying devices, and all related 20 fixtures must be kept clean and in good repair. 21 (h) A supply of toilet tissue must be provided in each 22 toilet stall at all times. 23 (i) Each toilet facility must be lighted and 24 ventilated. This requirement applies only to food service 25 establishments that are constructed or substantially remodeled 26 after July 1, 2007. 27 (j) A sign or poster that notifies food service 28 employees to wash their hands must be provided at each 29 hand-washing sink used by food service employees and must be 30 clearly visible to food service employees. 31 (2) The division may issue a warning or an 5 12:29 PM 03/20/07 s1462d-hr11-r5r
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1462 Barcode 393638 1 administrative complaint to, or may issue an emergency order 2 for the immediate closure of, a food service establishment 3 that fails to meet the minimum sanitation standards required 4 by subsection (1). 5 Section 4. This act shall take effect July 1, 2007. 6 7 8 ================ T I T L E A M E N D M E N T =============== 9 And the title is amended as follows: 10 Delete everything before the enacting clause 11 12 and insert: 13 A bill to be entitled 14 An act relating to food service establishments; 15 amending ss. 381.0072 and 509.013, F.S.; 16 excluding a restroom in a public airport from 17 the definition of a food service establishment; 18 requiring the Division of Hotels and 19 Restaurants within the Department of Business 20 and Professional Regulation to inspect toilet 21 facilities of food service establishments; 22 providing the minimum sanitation standards for 23 toilet facilities in food service 24 establishments; providing certain exemptions; 25 providing for administrative penalties; 26 providing an effective date. 27 28 29 30 31 6 12:29 PM 03/20/07 s1462d-hr11-r5r