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A bill to be entitled

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An act relating to public lodging and public food service

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establishments; amending s. 509.013, F.S.; revising and

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adding definitions; amending s. 509.032, F.S.; eliminating

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the requirement for the Division of Hotels and Restaurants

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to assist the State Fire Marshal in updating the Florida

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Fire Prevention Code; eliminating the requirement for the

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division to enforce the Florida Fire Prevention Code in

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conducting its inspections; requiring the division, or its

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agent, to notify firesafety officials of certain readily

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observable violations of the Florida Fire Prevention Code

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rules; revising state preemption authority; amending s.

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509.039, F.S.; decreasing the amount of time in which a

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food service manager is required to obtain certification

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after employment; requiring public food service

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establishments to provide proof of certification upon

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request by the division; amending s. 509.101, F.S.;

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deleting the requirement that a transient establishment

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maintain a copy of ch. 509, F.S., on its premises;

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amending s. 509.142, F.S.; requiring the operator of a

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public lodging establishment or public food service

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establishment to accommodate any person using a child

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conveyance; amending s. 509.211, F.S.; deleting a

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requirement for division notification of local firesafety

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officials or the State Fire Marshal of violations of rules

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under ch. 633, F.S.; amending s. 509.221, F.S.; providing

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that certain sanitary regulations for a public lodging

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establishment for its guests and employees and for a

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public food service establishment for its employees be in

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compliance with the Florida Building Code as approved by

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the local building authority; providing for wastewater

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disposal procedures for public food service

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establishments; requiring public lodging establishment and

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public food service establishment public restroom

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requirements to be in accordance with the Florida Building

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Code as approved by the local building authority; amending

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s. 509.242, F.S.; clarifying public lodging establishment

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classifications; amending s. 509.261, F.S.; authorizing

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the division to levy sanctions for failing to comply with

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final orders of the division; authorizing the division to

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require payment of outstanding fines before renewing or

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issuing a license; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Subsections (4) and (12) of section 509.013,

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Florida Statutes, are amended, and subsections (14) through (16)

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are added to that section, to read:

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     509.013  Definitions.--As used in this chapter, the term:

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     (4)(a) "Public lodging establishment" includes a transient

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public lodging establishment as defined in subparagraph 1. and a

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nontransient public lodging establishment as defined in

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subparagraph 2. means any unit, group of units, dwelling,

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building, or group of buildings within a single complex of

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buildings, which is rented to guests more than three times in a

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calendar year for periods of less than 30 days or 1 calendar

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month, whichever is less, or which is advertised or held out to

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the public as a place regularly rented to guests.

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     1. "Transient public lodging establishment" means any unit,

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group of units, dwelling, building, or group of buildings within

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a single complex of buildings which is rented to guests more than

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three times in a calendar year for periods of less than 30 days

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or 1 calendar month, whichever is less, or which is advertised or

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held out to the public as a place regularly rented to guests.

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     2. "Nontransient public lodging establishment" means any

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unit, group of units, dwelling, building, or group of buildings

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within a single complex of buildings which is rented to guests

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for periods of at least 30 days or 1 calendar month, whichever is

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less, or which is advertised or held out to the public as a place

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regularly rented to guests for periods of at least 30 days or 1

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calendar month.

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License classifications of public lodging establishments, and the

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definitions therefor, are set out in s. 509.242. For the purpose

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of licensure, the term does not include condominium common

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elements as defined in s. 718.103.

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     (b) The following are excluded from the definitions

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definition in paragraph (a):

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     1.  Any dormitory or other living or sleeping facility

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maintained by a public or private school, college, or university

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for the use of students, faculty, or visitors;

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     2.  Any hospital, nursing home, sanitarium, assisted living

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facility, or other similar place;

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     3.  Any place renting four rental units or less, unless the

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rental units are advertised or held out to the public to be

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places that are regularly rented to transients;

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     4.  Any unit or group of units in a condominium,

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cooperative, or timeshare plan and any individually or

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collectively owned one-family, two-family, three-family, or four-

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family dwelling house or dwelling unit that is rented for periods

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of at least 30 days or 1 calendar month, whichever is less, and

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that is not advertised or held out to the public as a place

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regularly rented for periods of less than 1 calendar month,

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provided that no more than four rental units within a single

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complex of buildings are available for rent;

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     5.  Any migrant labor camp or residential migrant housing

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permitted by the Department of Health; under ss. 381.008-

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381.00895; and

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     6.  Any establishment inspected by the Department of Health

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and regulated by chapter 513.

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     (12)  "Transient occupancy" means occupancy when it is the

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intention of the parties that the occupancy will be temporary.

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There is a rebuttable presumption that, when the dwelling unit

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occupied is the sole residence of the guest, the occupancy is

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nontransient. There is a rebuttable presumption that, when the

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dwelling unit occupied is not the sole residence of the guest,

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the occupancy is transient.

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     (14) "Nontransient establishment" means any public lodging

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establishment that is rented or leased to guests by an operator

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whose intention is that the dwelling unit occupied will be the

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sole residence of the guest.

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     (15) "Nontransient occupancy" means occupancy when it is

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the intention of the parties that the occupancy will not be

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temporary. There is a rebuttable presumption that when the

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dwelling unit occupied is the sole residence of the guest, the

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occupancy is nontransient.

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     (16) "Nontransient" means a guest in nontransient

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occupancy.

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     Section 2.  Paragraph (d) of subsection (2) and subsection

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(7) of section 509.032, Florida Statutes, are amended to read:

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     509.032  Duties.--

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     (2)  INSPECTION OF PREMISES.--

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     (d)  The division shall adopt and enforce sanitation rules

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consistent with law to ensure the protection of the public from

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food-borne illness in those establishments licensed under this

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chapter. These rules shall provide the standards and requirements

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for obtaining, storing, preparing, processing, serving, or

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displaying food in public food service establishments, approving

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public food service establishment facility plans, conducting

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necessary public food service establishment inspections for

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compliance with sanitation regulations, cooperating and

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coordinating with the Department of Health in epidemiological

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investigations, and initiating enforcement actions, and for other

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such responsibilities deemed necessary by the division. The

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division may not establish by rule any regulation governing the

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design, construction, erection, alteration, modification, repair,

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or demolition of any public lodging or public food service

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establishment. It is the intent of the Legislature to preempt

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that function to the Florida Building Commission and the State

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Fire Marshal through adoption and maintenance of the Florida

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Building Code and the Florida Fire Prevention Code. The division

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shall provide technical assistance to the commission and the

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State Fire Marshal in updating the construction standards of the

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Florida Building Code and the Florida Fire Prevention Code which

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govern public lodging and public food service establishments.

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Further, the division shall enforce the provisions of the Florida

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Building Code and the Florida Fire Prevention Code which apply to

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public lodging and public food service establishments in

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conducting any inspections authorized by this part. The division,

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or its agent, shall notify the local firesafety authority or the

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State Fire Marshal of any readily observable violation of a rule

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adopted under chapter 633 which relates to public lodging

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establishments or public food establishments, and the

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identification of such violation does not require any firesafety

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inspection certification.

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     (7)  PREEMPTION AUTHORITY.--The regulation of public lodging

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establishments and public food service establishments, including,

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but not limited to, the inspection of public lodging

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establishments and public food service establishments for

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compliance with the sanitation standards adopted under this

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section, and the regulation of food safety protection standards

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for required training and testing of food service establishment

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personnel are preempted to the state. This subsection does not

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preempt the authority of a local government or local enforcement

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district to conduct inspections of public lodging and public food

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service establishments for compliance with the Florida Building

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Code and the Florida Fire Prevention Code, pursuant to ss. 553.80

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and 633.022.

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     Section 3.  Section 509.039, Florida Statutes, is amended to

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read:

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     509.039  Food service manager certification.--It is the duty

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of the division to adopt, by rule, food safety protection

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standards for the training and certification of all food service

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managers who are responsible for the storage, preparation,

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display, or serving of foods to the public in establishments

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regulated under this chapter. The standards adopted by the

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division shall be consistent with the Standards for Accreditation

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of Food Protection Manager Certification Programs adopted by the

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Conference for Food Protection. These standards are to be adopted

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by the division to ensure that, upon successfully passing a test,

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approved by the Conference for Food Protection, a manager of a

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food service establishment shall have demonstrated a knowledge of

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basic food protection practices. The division may contract with

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an organization offering a training and certification program

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that complies with division standards and results in a

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certification recognized by the Conference for Food Protection to

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conduct an approved test and certify all test results to the

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division. Other organizations offering programs that meet the

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same requirements may also conduct approved tests and certify all

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test results to the division. The division may charge the

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organization it contracts with a fee of not more than $5 per

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certified test to cover the administrative costs of the division

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for the food service manager training and certification program.

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All managers employed by a food service establishment must have

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passed an approved test and received a certificate attesting

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thereto. Managers have a period of 30 90 days after employment to

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pass the required test. All public food service establishments

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must provide the division with proof of food service manager

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certification upon request, including, but not limited to, at the

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time of any division inspection of the establishment. The ranking

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of food service establishments is also preempted to the state;

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provided, however, that any local ordinances establishing a

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ranking system in existence prior to October 1, 1988, may remain

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in effect.

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     Section 4.  Subsections (1) and (2) of section 509.101,

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Florida Statutes, is amended to read:

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     509.101  Establishment rules; posting of notice; food

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service inspection report; maintenance of guest register; mobile

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food dispensing vehicle registry.--

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     (1)  Any operator of a public lodging establishment or a

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public food service establishment may establish reasonable rules

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and regulations for the management of the establishment and its

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guests and employees; and each guest or employee staying,

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sojourning, eating, or employed in the establishment shall

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conform to and abide by such rules and regulations so long as the

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guest or employee remains in or at the establishment. Such rules

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and regulations shall be deemed to be a special contract between

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the operator and each guest or employee using the services or

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facilities of the operator. Such rules and regulations shall

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control the liabilities, responsibilities, and obligations of all

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parties. Any rules or regulations established pursuant to this

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section shall be printed in the English language and posted in a

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prominent place within such public lodging establishment or

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public food service establishment. Such posting shall also

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include notice that a current copy of this chapter is available

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in the office for public review. In addition, any operator of a

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public food service establishment shall maintain the latest food

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service inspection report or a duplicate copy on premises and

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shall make it available to the public upon request.

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     (2)  It is the duty of each operator of a transient

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establishment to maintain at all times a register, signed by or

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for guests who occupy rental units within the establishment,

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showing the dates upon which the rental units were occupied by

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such guests and the rates charged for their occupancy. This

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register shall be maintained in chronological order and available

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for inspection by the division at any time. Operators need not

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make available registers which are more than 2 years old. Each

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operator shall maintain at all times a current copy of this

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chapter in the office of the licensed establishment which shall

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be made available to the public upon request.

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     Section 5.  Section 509.142, Florida Statutes, is amended to

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read:

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     509.142  Conduct on premises; refusal of service.--The

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operator of a public lodging establishment or public food service

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establishment:

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     (1) May refuse accommodations or service to any person

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whose conduct on the premises of the establishment displays

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intoxication, profanity, lewdness, or brawling; who indulges in

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language or conduct such as to disturb the peace or comfort of

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other guests; who engages in illegal or disorderly conduct; who

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illegally possesses or deals in controlled substances as defined

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in chapter 893; or whose conduct constitutes a nuisance. Such

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refusal may not be based upon race, creed, color, sex, physical

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disability, or national origin.

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     (2) Shall accommodate any person using a child conveyance

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in a reasonable manner that does not pose a hazard to the safety

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or health of employees or other patrons.

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     Section 6.  Subsections (2) through (5) of section 509.211,

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Florida Statutes, are amended to read:

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     509.211  Safety regulations.--

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     (2) The division, or its agent, shall immediately notify

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the local firesafety authority or the State Fire Marshal of any

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major violation of a rule adopted under chapter 633 which relates

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to public lodging establishments or public food service

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establishments. The division may impose administrative sanctions

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for violations of these rules pursuant to s. 509.261 or may refer

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such violations to the local firesafety authorities for

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enforcement.

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     (2)(3)(a) It is unlawful for any person to use within any

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public lodging establishment or public food service establishment

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any fuel-burning wick-type equipment for space heating unless

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such equipment is vented so as to prevent the accumulation of

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toxic or injurious gases or liquids.

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     (b)  Any person who violates the provisions of paragraph (a)

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commits is guilty of a misdemeanor of the second degree,

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punishable as provided in s. 775.082 or s. 775.083.

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     (3)(4) Each public lodging establishment that is three or

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more stories in height must have safe and secure railings on all

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balconies, platforms, and stairways, and all such railings must

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be properly maintained and repaired. The division may impose

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administrative sanctions for violations of this subsection

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pursuant to s. 509.261.

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     (4)(5) Every enclosed space or room that contains a boiler

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regulated under chapter 554 which is fired by the direct

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application of energy from the combustion of fuels and that is

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located in any portion of a public lodging establishment that

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also contains sleeping rooms shall be equipped with one or more

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carbon monoxide sensor devices that bear the label of a

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nationally recognized testing laboratory and have been tested and

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listed as complying with the most recent Underwriters

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Laboratories, Inc., Standard 2034, or its equivalent, unless it

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is determined that carbon monoxide hazards have otherwise been

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adequately mitigated as determined by the division. Such devices

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shall be integrated with the public lodging establishment's fire

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detection system. Any such installation or determination shall be

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made in accordance with rules adopted by the division.

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     Section 7.  Subsections (1) and (5) and paragraph (a) of

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subsection (2) of section 509.221, Florida Statutes, are amended

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to read:

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     509.221  Sanitary regulations.--

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     (1)(a) Each public lodging establishment and each public

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food service establishment shall be supplied with potable water

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and shall provide adequate sanitary facilities for the

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accommodation of its employees and guests. Such facilities may

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include, but are not limited to, showers, handwash basins,

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toilets, and bidets. Such sanitary facilities shall be connected

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to approved plumbing. Such plumbing shall be sized, installed,

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and maintained in accordance with the Florida Building Code as

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approved by the local building authority. Wastewater or sewage

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shall be properly treated onsite or discharged into an approved

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sewage collection and treatment system.

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     (b) Each public food service establishment shall be

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supplied with potable water and shall provide adequate sanitary

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facilities for the accommodation of its employees. Such

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facilities may include, but are not limited to, showers, handwash

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basins, toilets, and bidets. Such sanitary facilities shall be

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connected to approved plumbing. Such plumbing shall be sized,

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installed, and maintained in accordance with the Florida Building

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Code as approved by the local building authority. Wastewater or

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sewage shall be properly treated onsite or discharged into an

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approved sewage collection and treatment system.

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     (2)(a)  Each public lodging establishment and each public

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food service establishment shall maintain not less than one

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public bathroom facilities in accordance with the Florida

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Building Code as approved by the local building authority for

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each sex, properly designated, unless otherwise provided by rule.

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The division shall establish by rule categories of establishments

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not subject to the bathroom requirement of this paragraph. Such

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rules may not alter the exemption provided for theme parks in

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paragraph (b).

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     (5) Each transient public lodging establishment and each

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public food service establishment shall provide in the main

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public bathroom soap and clean towels or other approved hand-

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drying devices and each public lodging establishment shall

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furnish each guest with two clean individual towels so that two

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guests will not be required to use the same towel unless it has

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first been laundered. Each public food service establishment

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shall provide in the employee bathroom and any public bathroom

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soap and clean towels or other approved hand-drying devices.

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     Section 8.  Paragraphs (d) and (e) of subsection (1) of

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section 509.242, Florida Statutes, are amended to read:

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     509.242  Public lodging establishments; classifications.--

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     (1)  A public lodging establishment shall be classified as a

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hotel, motel, resort condominium, nontransient apartment,

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transient apartment, roominghouse, bed and breakfast inn, or

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resort dwelling if the establishment satisfies the following

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criteria:

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     (d) Nontransient apartment or roominghouse.--A nontransient

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apartment or roominghouse is a any apartment building or complex

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of buildings in which 75 percent or more of the units are

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available for rent to nontransient tenants.

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     (e) Transient apartment or roominghouse.--A transient

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apartment or roominghouse is a any apartment building or complex

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of buildings in which more than 25 percent of the units are

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advertised or held out to the public as available for transient

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occupancy.

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     Section 9.  Subsections (8) and (9) are added to section

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509.261, Florida Statutes, to read:

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     509.261  Revocation or suspension of licenses; fines;

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procedure.--

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     (8) The division may fine, suspend, or revoke the license

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of any public lodging establishment or public food service

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establishment when the establishment is not in compliance with

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the requirements of a final order or other administrative action

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issued against the licensee by the division.

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     (9) The division may refuse to issue or renew the license

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of any public lodging establishment or public food service

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establishment until all outstanding fines are paid in full to the

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division as required by all final orders or other administrative

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action issued against the licensee by the division.

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     Section 10.  This act shall take effect July 1, 2008.