Senate Bill sb1462
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Florida Senate - 2007 SB 1462
By Senator Crist
12-397B-07
1 A bill to be entitled
2 An act relating to food service establishments;
3 amending s. 381.0072, F.S.; requiring the
4 Department of Health to inspect toilet
5 facilities of food service establishments;
6 providing the minimum sanitation standards for
7 toilet facilities in food service
8 establishments; providing certain exemptions;
9 providing administrative penalties; amending s.
10 509.221, F.S., relating to public lodging
11 establishments; conforming provisions to
12 changes made by the act; providing
13 applicability; providing an effective date.
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15 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. Paragraph (c) of subsection (2) of section
18 381.0072, Florida Statutes, is amended to read:
19 381.0072 Food service protection.--It shall be the
20 duty of the Department of Health to adopt and enforce
21 sanitation rules consistent with law to ensure the protection
22 of the public from food-borne illness. These rules shall
23 provide the standards and requirements for the storage,
24 preparation, serving, or display of food in food service
25 establishments as defined in this section and which are not
26 permitted or licensed under chapter 500 or chapter 509.
27 (2) DUTIES.--
28 (c) The department shall inspect each food service
29 establishment, including its toilet facilities, as often as
30 necessary to ensure compliance with applicable laws and rules.
31 The department shall have the right of entry and access to
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Florida Senate - 2007 SB 1462
12-397B-07
1 these food service establishments at any reasonable time. In
2 inspecting food service establishments as provided under this
3 section, the department shall provide each inspected
4 establishment with the food recovery brochure developed under
5 s. 570.0725.
6 1. Toilet facilities must meet the following minimum
7 sanitation standards:
8 a. Each toilet room located on the premises of the
9 food service establishment must be completely enclosed and
10 provided with a tight-fitting, self-closing door. Such door
11 may not be left open except during cleaning or maintenance.
12 b. Toilet facilities that are used by patrons must be
13 situated so that a patron does not pass through
14 food-preparation, food-storage, or utensil-washing areas.
15 c. Toilet fixtures must be of sanitary design and
16 readily cleanable.
17 d. Toilet facilities, including rooms and fixtures,
18 must be kept clean and in good repair and free of
19 objectionable odors.
20 e. The floors must be made of a nonabsorbent material
21 and washed and scoured daily. The requirement that floors be
22 made of a nonabsorbent material applies only to food service
23 establishments that are constructed or substantially remodeled
24 after July 1, 2007.
25 f. Easily cleanable receptacles must be provided for
26 waste material, and such receptacles in toilet facilities for
27 women must be covered. Receptacles must be emptied at least
28 once a day and more frequently when necessary to prevent
29 excessive accumulation of waste material.
30 g. A supply of hand-cleansing, antibacterial soap or
31 detergent and hot and cold running water must be available at
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Florida Senate - 2007 SB 1462
12-397B-07
1 each hand-washing sink within a toilet facility. A supply of
2 sanitary towels or a hand-drying device providing heated air
3 must be conveniently located near each hand-washing sink.
4 Applicable to food service establishments that are constructed
5 or substantially remodeled after July 1, 2007, hand-washing
6 sinks that have an automatic shut-off must run for a minimum
7 of 20 seconds. Hand-washing sinks, soap dispensers,
8 hand-drying devices, and all related fixtures must be kept
9 clean and in good repair.
10 h. A supply of toilet tissue must be provided at each
11 toilet at all times.
12 i. Each toilet facility must be well-lighted and
13 well-ventilated.
14 j. A sign or poster that notifies food service
15 employees to wash their hands must be provided at each
16 hand-washing sink used by food service employees and must be
17 clearly visible to food service employees.
18 2. The department may issue a warning or an
19 administrative complaint to, or may issue an emergency order
20 for the immediate closure of, a food service establishment
21 that fails to meet the minimum sanitation standards required
22 by subparagraph 1.
23 Section 2. Subsection (5) of section 509.221, Florida
24 Statutes, is amended to read:
25 509.221 Sanitary regulations.--
26 (5) Each transient establishment and each public food
27 service establishment shall provide in the main public
28 bathroom soap and clean towels or other approved hand-drying
29 devices and each public lodging establishment shall furnish
30 each guest with two clean individual towels so that two guests
31 will not be required to use the same towel unless it has first
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Florida Senate - 2007 SB 1462
12-397B-07
1 been laundered. Each public food service establishment shall
2 meet the minimum sanitation standards set forth in s. 381.0072
3 for its toilet facilities.
4 Section 3. This act shall take effect July 1, 2007.
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7 SENATE SUMMARY
8 Requires the Department of Health to inspect the toilet
facilities of food service establishments. Provides
9 minimum sanitation standards for toilet facilities in
such establishments. Provides that certain requirements
10 apply only to establishments constructed or substantially
remodeled after July 1, 2007.
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