Senate Bill sb1462c2

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    Florida Senate - 2007                    CS for CS for SB 1462

    By the Committees on Regulated Industries; Health Regulation;
    and Senator Crist




    580-2459-07

  1                      A bill to be entitled

  2         An act relating to public food service

  3         establishments; creating s. 509.054, F.S.;

  4         requiring the Division of Hotels and

  5         Restaurants within the Department of Business

  6         and Professional Regulation to inspect toilet

  7         facilities of public food service

  8         establishments; providing the minimum

  9         sanitation standards for toilet facilities in

10         food service establishments; providing certain

11         exemptions; providing for administrative

12         penalties; providing an exemption for a

13         restroom in a public airport; providing an

14         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.  Section 509.054, Florida Statutes, is

19  created to read:

20         509.054  Restroom inspections.--

21         (1)  The division shall inspect each public food

22  service establishment and its toilet facilities pursuant to s.

23  509.032 as often as necessary to ensure compliance with

24  applicable laws and rules. A toilet facility in a public food

25  service establishment must meet the following minimum

26  sanitation standards:

27         (a)  Each toilet facility located on the premises of

28  the public food service establishment must be completely

29  enclosed and provided with a tight-fitting, self-closing door

30  or have entrances and exits constructed in such a manner as to

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    Florida Senate - 2007                    CS for CS for SB 1462
    580-2459-07




 1  ensure the privacy of occupants. Such door may not be left

 2  open except during cleaning or maintenance.

 3         (b)  Toilet facilities that are used by patrons must be

 4  situated so that a patron does not pass through

 5  food-preparation or utensil-washing areas.

 6         (c)  Toilet fixtures must be cleanable.

 7         (d)  Toilet facilities, including rooms and fixtures,

 8  must be kept clean and in good repair.

 9         (e)  The floors must be made of a nonabsorbent material

10  and cleaned daily. The requirement that floors be made of a

11  nonabsorbent material applies only to public food service

12  establishments that are constructed or substantially remodeled

13  after July 1, 2007.

14         (f)  Receptacles must be provided for waste material

15  and such receptacles must contain a trash-can liner. These

16  receptacles in toilet facilities for women must be covered.

17  Receptacles must be emptied as necessary to prevent excessive

18  accumulation of waste material.

19         (g)  A supply of hand-cleansing, antibacterial soap or

20  detergent must be available in each toilet facility, and

21  running water must be available at each hand-washing sink

22  within a toilet facility. A supply of sanitary towels or a

23  hand-drying device providing heated air must be located in

24  each toilet facility. Applicable to public food service

25  establishments that are constructed or substantially remodeled

26  after July 1, 2007, hot and cold running water must be

27  available at each hand-washing sink within a toilet facility,

28  and hand-washing sinks that have an automatic shut-off must

29  run for a minimum of 20 seconds. Hand-washing sinks, soap

30  dispensers, hand-drying devices, and all related fixtures must

31  be kept clean and in good repair.

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    Florida Senate - 2007                    CS for CS for SB 1462
    580-2459-07




 1         (h)  A supply of toilet tissue must be provided in each

 2  toilet stall at all times.

 3         (i)  Each toilet facility must be lighted and

 4  ventilated. This requirement applies only to public food

 5  service establishments that are constructed or substantially

 6  remodeled after July 1, 2007.

 7         (j)  A sign or poster that notifies food service

 8  employees to wash their hands must be provided at each

 9  hand-washing sink used by public food service employees and

10  must be clearly visible to the food service employees.

11         (2)  This section does not apply to restrooms in a

12  public airport as defined in ss. 320.27(2) and 330.27(6) which

13  are not located within a public food service establishment.

14         (3)  If the director determines that a violation of the

15  minimum sanitation standards in this section represents a

16  severe and immediate threat to the public health or safety or

17  welfare, the division shall, upon a proper finding,

18  immediately issue an emergency order to close an establishment

19  licensed under this chapter pursuant to the procedures for

20  emergency orders in s. 509.035.

21         Section 2.  This act shall take effect July 1, 2007.

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    Florida Senate - 2007                    CS for CS for SB 1462
    580-2459-07




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                     CS for Senate Bill 1462

 3                                 

 4  The committee substitute (CS) does not amend s. 381.0072, F.S.
    It also does not amend s. 509.013, F.S.
 5  
    The CS creates s. 509.054, F.S., instead of creating an
 6  unnumbered section of the Florida Statutes to provide minimum
    sanitary requirements for toilet facilities.  The CS replaces
 7  the term "food service establishment" with the term "public
    food service establishment."
 8  
    The CS cross-references s. 509.032, F.S., to require that the
 9  division inspect each food service establishment and its
    toilet facilities as often as necessary to ensure compliance
10  with applicable laws and rules.  It does not provide that the
    division must be permitted reasonable access and right of
11  entry to food service establishments.  It does not provide
    that the division must furnish each inspected establishment
12  with the food recovery brochure developed under s. 570.0725,
    F.S.
13  
    The bill exempts restrooms in a public airport as defined in
14  ss. 330.27(2) and 330.27(6), F.S., and which are not located
    within a food service establishment.
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    The bill provides for emergency orders to close the public
16  food service establishment using the procedures for emergency
    orders of suspension in s. 509.035, F.S.
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