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
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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
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 CS for Senate Bill 1462
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4 The committee substitute (CS) does not amend s. 381.0072, F.S.
It also does not amend s. 509.013, F.S.
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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."
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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.
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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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