Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1462
Barcode 393638
CHAMBER ACTION
Senate House
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03/21/2007 05:08 PM .
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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
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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
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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
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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
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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
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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.
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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
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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.
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