Senate Bill sb1462c1
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Florida Senate - 2007 CS for SB 1462
By the Committee on Health Regulation; and Senator Crist
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1 A bill to be entitled
2 An act relating to food service establishments;
3 amending ss. 381.0072 and 509.013, F.S.;
4 excluding a restroom in a public airport from
5 the definition of a food service establishment;
6 requiring the Division of Hotels and
7 Restaurants within the Department of Business
8 and Professional Regulation to inspect toilet
9 facilities of food service establishments;
10 providing the minimum sanitation standards for
11 toilet facilities in food service
12 establishments; providing certain exemptions;
13 providing for administrative penalties;
14 providing an effective date.
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16 Be It Enacted by the Legislature of the State of Florida:
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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 CS for SB 1462
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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):
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Florida Senate - 2007 CS for SB 1462
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1 1. Any place maintained and operated by a public or
2 private school, college, or university:
3 a. For the use of students and faculty; or
4 b. Temporarily to serve such events as fairs,
5 carnivals, and athletic contests.
6 2. Any eating place maintained and operated by a
7 church or a religious, nonprofit fraternal, or nonprofit civic
8 organization:
9 a. For the use of members and associates; or
10 b. Temporarily to serve such events as fairs,
11 carnivals, or athletic contests.
12 3. Any eating place located on an airplane, train,
13 bus, or watercraft which is a common carrier.
14 4. Any eating place maintained by a hospital, nursing
15 home, sanitarium, assisted living facility, adult day care
16 center, or other similar place that is regulated under s.
17 381.0072.
18 5. Any place of business issued a permit or inspected
19 by the Department of Agriculture and Consumer Services under
20 s. 500.12.
21 6. Any place of business where the food available for
22 consumption is limited to ice, beverages with or without
23 garnishment, popcorn, or prepackaged items sold without
24 additions or preparation.
25 7. Any theater, if the primary use is as a theater and
26 if patron service is limited to food items customarily served
27 to the admittees of theaters.
28 8. Any vending machine that dispenses any food or
29 beverages other than potentially hazardous foods, as defined
30 by division rule.
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Florida Senate - 2007 CS for SB 1462
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1 9. Any vending machine that dispenses potentially
2 hazardous food and which is located in a facility regulated
3 under s. 381.0072.
4 10. Any research and development test kitchen limited
5 to the use of employees and which is not open to the general
6 public.
7 11. Restrooms in a public airport as defined in ss.
8 330.27(2) and 330.27(6) which are not located within a food
9 service establishment.
10 Section 3. The Division of Hotels and Restaurants
11 within the Department of Business and Professional Regulation
12 shall inspect each food service establishment and its toilet
13 facilities as often as necessary to ensure compliance with
14 applicable laws and rules. The division shall have the right
15 of entry and access to these food service establishments at
16 any reasonable time. In inspecting food service establishments
17 as provided under this section, the division shall provide
18 each inspected establishment with the food recovery brochure
19 developed under s. 570.0725, Florida Statutes.
20 (1) A toilet facility in a food service establishment
21 licensed under chapter 509, Florida Statutes, must meet the
22 following minimum sanitation standards:
23 (a) Each toilet facility located on the premises of
24 the food service establishment must be completely enclosed and
25 provided with a tight-fitting, self-closing door. Such door
26 may not be left open except during cleaning or maintenance.
27 (b) Toilet facilities that are used by patrons must be
28 situated so that a patron does not pass through
29 food-preparation or utensil-washing areas.
30 (c) Toilet fixtures must be cleanable.
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1 (d) Toilet facilities, including rooms and fixtures,
2 must be kept clean and in good repair.
3 (e) The floors must be made of a nonabsorbent material
4 and cleaned daily. The requirement that floors be made of a
5 nonabsorbent material applies only to food service
6 establishments that are constructed or substantially remodeled
7 after July 1, 2007.
8 (f) Receptacles must be provided for waste material,
9 and such receptacles must contain a trash-can liner. These
10 receptacles in toilet facilities for women must be covered.
11 Receptacles must be emptied as necessary to prevent excessive
12 accumulation of waste material.
13 (g) A supply of hand-cleansing, antibacterial soap or
14 detergent must be available in each toilet facility, and hot
15 and cold running water must be available at each hand-washing
16 sink within a toilet facility. A supply of sanitary towels or
17 a hand-drying device providing heated air must be located in
18 each toilet facility. Applicable to food service
19 establishments that are constructed or substantially remodeled
20 after July 1, 2007, hand-washing sinks that have an automatic
21 shut-off must run for a minimum of 20 seconds. Hand-washing
22 sinks, soap dispensers, hand-drying devices, and all related
23 fixtures must be kept clean and in good repair.
24 (h) A supply of toilet tissue must be provided in each
25 toilet stall at all times.
26 (i) Each toilet facility must be lighted and
27 ventilated. This requirement applies only to food service
28 establishments that are constructed or substantially remodeled
29 after July 1, 2007.
30 (j) A sign or poster that notifies food service
31 employees to wash their hands must be provided at each
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Florida Senate - 2007 CS for SB 1462
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1 hand-washing sink used by food service employees and must be
2 clearly visible to food service employees.
3 (2) The division may issue a warning or an
4 administrative complaint to, or may issue an emergency order
5 for the immediate closure of, a food service establishment
6 that fails to meet the minimum sanitation standards required
7 by subsection (1).
8 Section 4. This act shall take effect July 1, 2007.
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10 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
11 Senate Bill 1462
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13 The committee substitute amends the definition of "food
service establishment" to exclude restrooms in a public
14 airport. The committee substitute requires the Division of
Hotels and Restaurants (division) within the Department of
15 Business and Professional Regulation (DBPR) to inspect the
toilet facilities of food service establishments regulated by
16 the DBPR. The division will provide each establishment a food
recovery brochure. The division may issue administrative
17 penalties. The committee substitute no longer addresses food
service establishments inspected by the Department of Health.
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