1 | A bill to be entitled |
2 | An act relating to public lodging and public food service |
3 | establishments; amending s. 509.013, F.S.; revising and |
4 | adding definitions; amending s. 509.032, F.S.; eliminating |
5 | the requirement for the Division of Hotels and Restaurants |
6 | to assist the State Fire Marshal in updating the Florida |
7 | Fire Prevention Code; eliminating the requirement for the |
8 | division to enforce the Florida Fire Prevention Code in |
9 | conducting its inspections; revising state preemption |
10 | authority; amending s. 509.039, F.S.; removing a time |
11 | limit for obtaining food service manager certification |
12 | after employment; amending s. 509.101, F.S.; deleting the |
13 | requirement that a transient establishment maintain a copy |
14 | of ch. 509, F.S., on its premises; repealing s. 509.201, |
15 | F.S., relating to public lodging establishment room rate |
16 | posting and filing requirements, room rate advertisement |
17 | requirements, and related exemptions and penalties; |
18 | amending s. 509.211, F.S.; deleting requirement for |
19 | division notification of local firesafety officials or the |
20 | State Fire Marshal of violations of rules under ch. 633, |
21 | F.S.; amending s. 509.221, F.S.; providing that certain |
22 | sanitary regulations for a public lodging establishment |
23 | for its guests and employees and for a public food service |
24 | establishment for its employees be in compliance with the |
25 | Florida Building Code as approved by the local authority |
26 | having jurisdiction; providing for wastewater disposal |
27 | procedures for public food service establishments; |
28 | requiring public lodging establishment and public food |
29 | service establishment public restroom requirements to be |
30 | in accordance with the Florida Building Code as approved |
31 | by the local authority having jurisdiction; amending s. |
32 | 509.242, F.S.; clarifying public lodging establishment |
33 | classifications; amending s. 509.261, F.S.; authorizing |
34 | the division to levy sanctions for failing to comply with |
35 | final orders of the division; authorizing the division to |
36 | require payment of outstanding fines before renewing or |
37 | issuing a license; providing an effective date. |
38 |
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39 | Be It Enacted by the Legislature of the State of Florida: |
40 |
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41 | Section 1. Subsections (4) and (12) of section 509.013, |
42 | Florida Statutes, are amended, and subsections (14) through (16) |
43 | are added to that section, to read: |
44 | 509.013 Definitions.--As used in this chapter, the term: |
45 | (4)(a) "Public lodging establishment" includes a transient |
46 | public lodging establishment as defined in subparagraph 1. and a |
47 | nontransient public lodging establishment as defined in |
48 | subparagraph 2. means any unit, group of units, dwelling, |
49 | building, or group of buildings within a single complex of |
50 | buildings, which is rented to guests more than three times in a |
51 | calendar year for periods of less than 30 days or 1 calendar |
52 | month, whichever is less, or which is advertised or held out to |
53 | the public as a place regularly rented to guests. |
54 | 1. "Transient public lodging establishment" means any |
55 | unit, group of units, dwelling, building, or group of buildings |
56 | within a single complex of buildings which is rented to guests |
57 | more than three times in a calendar year for periods of less |
58 | than 30 days or 1 calendar month, whichever is less, or which is |
59 | advertised or held out to the public as a place regularly rented |
60 | to guests. |
61 | 2. "Nontransient public lodging establishment" means any |
62 | unit, group of units, dwelling, building, or group of buildings |
63 | within a single complex of buildings which is rented to guests |
64 | for periods of at least 30 days or 1 calendar month, whichever |
65 | is less, or which is advertised or held out to the public as a |
66 | place regularly rented to guests for periods of at least 30 days |
67 | or 1 calendar month. |
68 | |
69 | License classifications of public lodging establishments, and |
70 | the definitions therefor, are set out in s. 509.242. For the |
71 | purpose of licensure, the term does not include condominium |
72 | common elements as defined in s. 718.103. |
73 | (b) The following are excluded from the definitions |
74 | definition in paragraph (a): |
75 | 1. Any dormitory or other living or sleeping facility |
76 | maintained by a public or private school, college, or university |
77 | for the use of students, faculty, or visitors; |
78 | 2. Any hospital, nursing home, sanitarium, assisted living |
79 | facility, or other similar place; |
80 | 3. Any place renting four rental units or less, unless the |
81 | rental units are advertised or held out to the public to be |
82 | places that are regularly rented to transients; |
83 | 4. Any unit or group of units in a condominium, |
84 | cooperative, or timeshare plan and any individually or |
85 | collectively owned one-family, two-family, three-family, or |
86 | four-family dwelling house or dwelling unit that is rented for |
87 | periods of at least 30 days or 1 calendar month, whichever is |
88 | less, and that is not advertised or held out to the public as a |
89 | place regularly rented for periods of less than 1 calendar |
90 | month, provided that no more than four rental units within a |
91 | single complex of buildings are available for rent; |
92 | 5. Any migrant labor camp or residential migrant housing |
93 | permitted by the Department of Health; under ss. 381.008- |
94 | 381.00895; and |
95 | 6. Any establishment inspected by the Department of Health |
96 | and regulated by chapter 513. |
97 | (12) "Transient occupancy" means occupancy when it is the |
98 | intention of the parties that the occupancy will be temporary. |
99 | There is a rebuttable presumption that, when the dwelling unit |
100 | occupied is the sole residence of the guest, the occupancy is |
101 | nontransient. There is a rebuttable presumption that, when the |
102 | dwelling unit occupied is not the sole residence of the guest, |
103 | the occupancy is transient. |
104 | (14) "Nontransient establishment" means any public lodging |
105 | establishment that is rented or leased to guests by an operator |
106 | whose intention is that the dwelling unit occupied will be the |
107 | sole residence of the guest. |
108 | (15) "Nontransient occupancy" means occupancy when it is |
109 | the intention of the parties that the occupancy will not be |
110 | temporary. There is a rebuttable presumption that when the |
111 | dwelling unit occupied is the sole residence of the guest, the |
112 | occupancy is nontransient. |
113 | (16) "Nontransient" means a guest in nontransient |
114 | occupancy. |
115 | Section 2. Paragraph (d) of subsection (2) and subsection |
116 | (7) of section 509.032, Florida Statutes, are amended to read: |
117 | 509.032 Duties.-- |
118 | (2) INSPECTION OF PREMISES.-- |
119 | (d) The division shall adopt and enforce sanitation rules |
120 | consistent with law to ensure the protection of the public from |
121 | food-borne illness in those establishments licensed under this |
122 | chapter. These rules shall provide the standards and |
123 | requirements for obtaining, storing, preparing, processing, |
124 | serving, or displaying food in public food service |
125 | establishments, approving public food service establishment |
126 | facility plans, conducting necessary public food service |
127 | establishment inspections for compliance with sanitation |
128 | regulations, cooperating and coordinating with the Department of |
129 | Health in epidemiological investigations, and initiating |
130 | enforcement actions, and for other such responsibilities deemed |
131 | necessary by the division. The division may not establish by |
132 | rule any regulation governing the design, construction, |
133 | erection, alteration, modification, repair, or demolition of any |
134 | public lodging or public food service establishment. It is the |
135 | intent of the Legislature to preempt that function to the |
136 | Florida Building Commission and the State Fire Marshal through |
137 | adoption and maintenance of the Florida Building Code and the |
138 | Florida Fire Prevention Code. The division shall provide |
139 | technical assistance to the commission and the State Fire |
140 | Marshal in updating the construction standards of the Florida |
141 | Building Code and the Florida Fire Prevention Code which govern |
142 | public lodging and public food service establishments. Further, |
143 | the division shall enforce the provisions of the Florida |
144 | Building Code and the Florida Fire Prevention Code which apply |
145 | to public lodging and public food service establishments in |
146 | conducting any inspections authorized by this part. |
147 | (7) PREEMPTION AUTHORITY.--The regulation of public |
148 | lodging establishments and public food service establishments, |
149 | including, but not limited to, the inspection of public lodging |
150 | establishments and public food service establishments for |
151 | compliance with the sanitation standards adopted under this |
152 | section, and the regulation of food safety protection standards |
153 | for required training and testing of food service establishment |
154 | personnel are preempted to the state. This subsection does not |
155 | preempt the authority of a local government or local enforcement |
156 | district to conduct inspections of public lodging and public |
157 | food service establishments for compliance with the Florida |
158 | Building Code and the Florida Fire Prevention Code, pursuant to |
159 | ss. 553.80 and 633.022. |
160 | Section 3. Section 509.039, Florida Statutes, is amended |
161 | to read: |
162 | 509.039 Food service manager certification.--It is the |
163 | duty of the division to adopt, by rule, food safety protection |
164 | standards for the training and certification of all food service |
165 | managers who are responsible for the storage, preparation, |
166 | display, or serving of foods to the public in establishments |
167 | regulated under this chapter. The standards adopted by the |
168 | division shall be consistent with the Standards for |
169 | Accreditation of Food Protection Manager Certification Programs |
170 | adopted by the Conference for Food Protection. These standards |
171 | are to be adopted by the division to ensure that, upon |
172 | successfully passing a test, approved by the Conference for Food |
173 | Protection, a manager of a food service establishment shall have |
174 | demonstrated a knowledge of basic food protection practices. The |
175 | division may contract with an organization offering a training |
176 | and certification program that complies with division standards |
177 | and results in a certification recognized by the Conference for |
178 | Food Protection to conduct an approved test and certify all test |
179 | results to the division. Other organizations offering programs |
180 | that meet the same requirements may also conduct approved tests |
181 | and certify all test results to the division. The division may |
182 | charge the organization it contracts with a fee of not more than |
183 | $5 per certified test to cover the administrative costs of the |
184 | division for the food service manager training and certification |
185 | program. All managers employed by a food service establishment |
186 | must have passed an approved test and received a certificate |
187 | attesting thereto. Managers have a period of 90 days after |
188 | employment to pass the required test. The ranking of food |
189 | service establishments is also preempted to the state; provided, |
190 | however, that any local ordinances establishing a ranking system |
191 | in existence prior to October 1, 1988, may remain in effect. |
192 | Section 4. Subsections (1) and (2) of section 509.101, |
193 | Florida Statutes, is amended to read: |
194 | 509.101 Establishment rules; posting of notice; food |
195 | service inspection report; maintenance of guest register; mobile |
196 | food dispensing vehicle registry.-- |
197 | (1) Any operator of a public lodging establishment or a |
198 | public food service establishment may establish reasonable rules |
199 | and regulations for the management of the establishment and its |
200 | guests and employees; and each guest or employee staying, |
201 | sojourning, eating, or employed in the establishment shall |
202 | conform to and abide by such rules and regulations so long as |
203 | the guest or employee remains in or at the establishment. Such |
204 | rules and regulations shall be deemed to be a special contract |
205 | between the operator and each guest or employee using the |
206 | services or facilities of the operator. Such rules and |
207 | regulations shall control the liabilities, responsibilities, and |
208 | obligations of all parties. Any rules or regulations established |
209 | pursuant to this section shall be printed in the English |
210 | language and posted in a prominent place within such public |
211 | lodging establishment or public food service establishment. Such |
212 | posting shall also include notice that a current copy of this |
213 | chapter is available in the office for public review. In |
214 | addition, any operator of a public food service establishment |
215 | shall maintain the latest food service inspection report or a |
216 | duplicate copy on premises and shall make it available to the |
217 | public upon request. |
218 | (2) It is the duty of each operator of a transient |
219 | establishment to maintain at all times a register, signed by or |
220 | for guests who occupy rental units within the establishment, |
221 | showing the dates upon which the rental units were occupied by |
222 | such guests and the rates charged for their occupancy. This |
223 | register shall be maintained in chronological order and |
224 | available for inspection by the division at any time. Operators |
225 | need not make available registers which are more than 2 years |
226 | old. Each operator shall maintain at all times a current copy of |
227 | this chapter in the office of the licensed establishment which |
228 | shall be made available to the public upon request. |
229 | Section 5. Section 509.201, Florida Statutes, is repealed. |
230 | Section 6. Subsections (2) through (5) of section 509.211, |
231 | Florida Statutes, are amended to read: |
232 | 509.211 Safety regulations.-- |
233 | (2) The division, or its agent, shall immediately notify |
234 | the local firesafety authority or the State Fire Marshal of any |
235 | major violation of a rule adopted under chapter 633 which |
236 | relates to public lodging establishments or public food service |
237 | establishments. The division may impose administrative sanctions |
238 | for violations of these rules pursuant to s. 509.261 or may |
239 | refer such violations to the local firesafety authorities for |
240 | enforcement. |
241 | (2)(3)(a) It is unlawful for any person to use within any |
242 | public lodging establishment or public food service |
243 | establishment any fuel-burning wick-type equipment for space |
244 | heating unless such equipment is vented so as to prevent the |
245 | accumulation of toxic or injurious gases or liquids. |
246 | (b) Any person who violates the provisions of paragraph |
247 | (a) commits is guilty of a misdemeanor of the second degree, |
248 | punishable as provided in s. 775.082 or s. 775.083. |
249 | (3)(4) Each public lodging establishment that is three or |
250 | more stories in height must have safe and secure railings on all |
251 | balconies, platforms, and stairways, and all such railings must |
252 | be properly maintained and repaired. The division may impose |
253 | administrative sanctions for violations of this subsection |
254 | pursuant to s. 509.261. |
255 | (4)(5) Every enclosed space or room that contains a boiler |
256 | regulated under chapter 554 which is fired by the direct |
257 | application of energy from the combustion of fuels and that is |
258 | located in any portion of a public lodging establishment that |
259 | also contains sleeping rooms shall be equipped with one or more |
260 | carbon monoxide sensor devices that bear the label of a |
261 | nationally recognized testing laboratory and have been tested |
262 | and listed as complying with the most recent Underwriters |
263 | Laboratories, Inc., Standard 2034, or its equivalent, unless it |
264 | is determined that carbon monoxide hazards have otherwise been |
265 | adequately mitigated as determined by the division. Such devices |
266 | shall be integrated with the public lodging establishment's fire |
267 | detection system. Any such installation or determination shall |
268 | be made in accordance with rules adopted by the division. |
269 | Section 7. Subsections (1) and (5) and paragraph (a) of |
270 | subsection (2) of section 509.221, Florida Statutes, are amended |
271 | to read: |
272 | 509.221 Sanitary regulations.-- |
273 | (1)(a) Each public lodging establishment and each public |
274 | food service establishment shall be supplied with potable water |
275 | and shall provide adequate sanitary facilities for the |
276 | accommodation of its employees and guests. Such facilities may |
277 | include, but are not limited to, showers, handwash basins, |
278 | toilets, and bidets. Such sanitary facilities shall be connected |
279 | to approved plumbing. Such plumbing shall be sized, installed, |
280 | and maintained in accordance with the Florida Building Code as |
281 | approved by the local plumbing authority or other local |
282 | authority having jurisdiction. Wastewater or sewage shall be |
283 | properly treated onsite or discharged into an approved sewage |
284 | collection and treatment system. |
285 | (b) Each public food service establishment shall be |
286 | supplied with potable water and shall provide adequate sanitary |
287 | facilities for the accommodation of its employees. Such |
288 | facilities may include, but are not limited to, showers, |
289 | handwash basins, toilets, and bidets. Such sanitary facilities |
290 | shall be connected to approved plumbing. Such plumbing shall be |
291 | sized, installed, and maintained in accordance with the Florida |
292 | Building Code as approved by the local plumbing authority or |
293 | other local authority having jurisdiction. Wastewater or sewage |
294 | shall be properly treated onsite or discharged into an approved |
295 | sewage collection and treatment system. |
296 | (2)(a) Each public lodging establishment and each public |
297 | food service establishment shall maintain not less than one |
298 | public bathroom facilities in accordance with the Florida |
299 | Building Code as approved by the local plumbing authority or |
300 | other local authority having jurisdiction for each sex, properly |
301 | designated, unless otherwise provided by rule. The division |
302 | shall establish by rule categories of establishments not subject |
303 | to the bathroom requirement of this paragraph. Such rules may |
304 | not alter the exemption provided for theme parks in paragraph |
305 | (b). |
306 | (5) Each transient public lodging establishment and each |
307 | public food service establishment shall provide in the main |
308 | public bathroom soap and clean towels or other approved hand- |
309 | drying devices and each public lodging establishment shall |
310 | furnish each guest with two clean individual towels so that two |
311 | guests will not be required to use the same towel unless it has |
312 | first been laundered. Each public food service establishment |
313 | shall provide in the employee bathroom and any public bathroom |
314 | soap and clean towels or other approved hand-drying devices. |
315 | Section 8. Paragraphs (d) and (e) of subsection (1) of |
316 | section 509.242, Florida Statutes, are amended to read: |
317 | 509.242 Public lodging establishments; classifications.-- |
318 | (1) A public lodging establishment shall be classified as |
319 | a hotel, motel, resort condominium, nontransient apartment, |
320 | transient apartment, roominghouse, bed and breakfast inn, or |
321 | resort dwelling if the establishment satisfies the following |
322 | criteria: |
323 | (d) Nontransient apartment or roominghouse.--A |
324 | nontransient apartment or roominghouse is a any apartment |
325 | building or complex of buildings in which 75 percent or more of |
326 | the units are available for rent to nontransient tenants. |
327 | (e) Transient apartment or roominghouse.--A transient |
328 | apartment or roominghouse is a any apartment building or complex |
329 | of buildings in which more than 25 percent of the units are |
330 | advertised or held out to the public as available for transient |
331 | occupancy. |
332 | Section 9. Subsections (8) and (9) are added to section |
333 | 509.261, Florida Statutes, to read: |
334 | 509.261 Revocation or suspension of licenses; fines; |
335 | procedure.-- |
336 | (8) The division may fine, suspend, or revoke the license |
337 | of any public lodging establishment or public food service |
338 | establishment when the establishment is not in compliance with |
339 | the requirements of a final order or other administrative action |
340 | issued against the licensee by the division. |
341 | (9) The division may refuse to issue or renew the license |
342 | of any public lodging establishment or public food service |
343 | establishment until all outstanding fines are paid in full to |
344 | the division as required by all final orders or other |
345 | administrative action issued against the licensee by the |
346 | division. |
347 | Section 10. This act shall take effect July 1, 2008. |