| 1 | A bill to be entitled |
| 2 | An act relating to food service establishments; amending |
| 3 | s. 381.0072, F.S.; requiring the Department of Health to |
| 4 | inspect toilet facilities of food service establishments; |
| 5 | providing the minimum sanitation standards for toilet |
| 6 | facilities in food service establishments; providing |
| 7 | administrative penalties; amending s. 509.221, F.S., |
| 8 | relating to public lodging establishments; conforming |
| 9 | provisions to changes made by the act; providing |
| 10 | applicability; providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Paragraph (c) of subsection (2) of section |
| 15 | 381.0072, Florida Statutes, is amended to read: |
| 16 | 381.0072 Food service protection.--It shall be the duty of |
| 17 | the Department of Health to adopt and enforce sanitation rules |
| 18 | consistent with law to ensure the protection of the public from |
| 19 | food-borne illness. These rules shall provide the standards and |
| 20 | requirements for the storage, preparation, serving, or display |
| 21 | of food in food service establishments as defined in this |
| 22 | section and which are not permitted or licensed under chapter |
| 23 | 500 or chapter 509. |
| 24 | (2) DUTIES.-- |
| 25 | (c) The department shall inspect each food service |
| 26 | establishment, including its toilet facilities, as often as |
| 27 | necessary to ensure compliance with applicable laws and rules. |
| 28 | The department shall have the right of entry and access to these |
| 29 | food service establishments at any reasonable time. In |
| 30 | inspecting food service establishments as provided under this |
| 31 | section, the department shall provide each inspected |
| 32 | establishment with the food recovery brochure developed under s. |
| 33 | 570.0725. |
| 34 | 1. Toilet facilities must meet the following minimum |
| 35 | sanitation standards: |
| 36 | a. Each toilet room located on the premises of the food |
| 37 | service establishment must be completely enclosed and provided |
| 38 | with a tight-fitting, self-closing door. Such door may not be |
| 39 | left open except during cleaning or maintenance. |
| 40 | b. Toilet facilities that are used by patrons must be |
| 41 | situated so that a patron does not pass through food- |
| 42 | preparation, food-storage, or utensil-washing areas. |
| 43 | c. Toilet fixtures must be of sanitary design and readily |
| 44 | cleanable. |
| 45 | d. Toilet facilities, including rooms and fixtures, must |
| 46 | be kept clean and in good repair and free of objectionable |
| 47 | odors. |
| 48 | e. The floors must be made of a nonabsorbent material and |
| 49 | washed and scoured daily. |
| 50 | f. Easily cleanable receptacles must be provided for waste |
| 51 | material, and such receptacles in toilet facilities for women |
| 52 | must be covered. Receptacles must be emptied at least once a day |
| 53 | and more frequently when necessary to prevent excessive |
| 54 | accumulation of waste material. |
| 55 | g. A supply of hand-cleansing, antibacterial soap or |
| 56 | detergent and hot and cold running water must be available at |
| 57 | each hand-washing sink within a toilet facility. A supply of |
| 58 | sanitary towels or a hand-drying device providing heated air |
| 59 | must be conveniently located near each hand-washing sink. Hand- |
| 60 | washing sinks that have an automatic shut-off must run for a |
| 61 | minimum of 20 seconds. Hand-washing sinks, soap dispensers, |
| 62 | hand-drying devices, and all related fixtures must be kept clean |
| 63 | and in good repair. |
| 64 | h. A supply of toilet tissue must be provided at each |
| 65 | toilet at all times. |
| 66 | i. Each toilet facility must be well-lighted and well- |
| 67 | ventilated. |
| 68 | j. A sign or poster that notifies food employees to wash |
| 69 | their hands must be provided at each hand-washing sink used by |
| 70 | food employees and must be clearly visible to food employees. |
| 71 | 2. The department may issue a warning or an administrative |
| 72 | complaint to, or may issue an emergency order for the immediate |
| 73 | closure of, a food service establishment that fails to meet the |
| 74 | minimum sanitation standards required by subparagraph 1. |
| 75 | 3. Subparagraphs 1. and 2. shall apply only to food |
| 76 | service establishments that are constructed or substantially |
| 77 | remodeled after July 1, 2007. |
| 78 | Section 2. Subsection (5) of section 509.221, Florida |
| 79 | Statutes, is amended to read: |
| 80 | 509.221 Sanitary regulations.-- |
| 81 | (5) Each transient establishment and each public food |
| 82 | service establishment shall provide in the main public bathroom |
| 83 | soap and clean towels or other approved hand-drying devices and |
| 84 | each public lodging establishment shall furnish each guest with |
| 85 | two clean individual towels so that two guests will not be |
| 86 | required to use the same towel unless it has first been |
| 87 | laundered. Each public food service establishment shall meet the |
| 88 | minimum sanitation standards set forth in s. 381.0072 for its |
| 89 | toilet facilities. |
| 90 | Section 3. This act shall take effect July 1, 2007. |