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; requiring the division, or its

10

agent, to notify firesafety officials of certain readily

11

observable violations of the Florida Fire Prevention Code

12

rules; revising state preemption authority; amending s.

13

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

14

food service manager is required to obtain certification

15

after employment; requiring public food service

16

establishments to provide proof of certification upon

17

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

18

deleting the requirement that a transient establishment

19

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

20

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

21

public lodging establishment or public food service

22

establishment to accommodate any person using a child

23

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

24

requirement for division notification of local firesafety

25

officials or the State Fire Marshal of violations of rules

26

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

27

that certain sanitary regulations for a public lodging

28

establishment for its guests and employees and for a

29

public food service establishment for its employees be in

30

compliance with the Florida Building Code as approved by

31

the local building authority; providing for wastewater

32

disposal procedures for public food service

33

establishments; providing the minimum sanitation standards

34

for toilet facilities in food service establishments;

35

requiring public lodging establishment and public food

36

service establishment public restroom requirements to be

37

in accordance with the Florida Building Code as approved

38

by the local building authority; amending s. 509.242,

39

F.S.; clarifying public lodging establishment

40

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

41

the division to levy sanctions for failing to comply with

42

final orders of the division; authorizing the division to

43

require payment of outstanding fines before renewing or

44

issuing a license; providing an effective date.

45

46

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

47

48

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

49

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

50

are added to that section, to read:

51

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

52

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

53

public lodging establishment as defined in subparagraph 1. and a

54

nontransient public lodging establishment as defined in

55

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

56

building, or group of buildings within a single complex of

57

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

58

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

59

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

60

the public as a place regularly rented to guests.

61

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

62

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

63

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

64

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

65

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

66

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

67

     2. "Nontransient public lodging establishment" means any

68

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

69

within a single complex of buildings which is rented to guests

70

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

71

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

72

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

73

calendar month.

74

75

License classifications of public lodging establishments, and the

76

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

77

of licensure, the term does not include condominium common

78

elements as defined in s. 718.103.

79

     (b) The following are excluded from the definitions

80

definition in paragraph (a):

81

     1.  Any dormitory or other living or sleeping facility

82

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

83

for the use of students, faculty, or visitors;

84

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

85

facility, or other similar place;

86

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

87

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

88

places that are regularly rented to transients;

89

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

90

cooperative, or timeshare plan and any individually or

91

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

92

family dwelling house or dwelling unit that is rented for periods

93

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

94

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

95

regularly rented for periods of less than 1 calendar month,

96

provided that no more than four rental units within a single

97

complex of buildings are available for rent;

98

     5.  Any migrant labor camp or residential migrant housing

99

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

100

381.00895; and

101

     6.  Any establishment inspected by the Department of Health

102

and regulated by chapter 513.

103

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

104

intention of the parties that the occupancy will be temporary.

105

There is a rebuttable presumption that, when the dwelling unit

106

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

107

nontransient. There is a rebuttable presumption that, when the

108

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

109

the occupancy is transient.

110

     (14) "Nontransient establishment" means any public lodging

111

establishment that is rented or leased to guests by an operator

112

whose intention is that the dwelling unit occupied will be the

113

sole residence of the guest.

114

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

115

the intention of the parties that the occupancy will not be

116

temporary. There is a rebuttable presumption that when the

117

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

118

occupancy is nontransient.

119

     (16) "Nontransient" means a guest in nontransient

120

occupancy.

121

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

122

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

123

     509.032  Duties.--

124

     (2)  INSPECTION OF PREMISES.--

125

     (d)  The division shall adopt and enforce sanitation rules

126

consistent with law to ensure the protection of the public from

127

food-borne illness in those establishments licensed under this

128

chapter. These rules shall provide the standards and requirements

129

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

130

displaying food in public food service establishments, approving

131

public food service establishment facility plans, conducting

132

necessary public food service establishment inspections for

133

compliance with sanitation regulations, cooperating and

134

coordinating with the Department of Health in epidemiological

135

investigations, and initiating enforcement actions, and for other

136

such responsibilities deemed necessary by the division. The

137

division may not establish by rule any regulation governing the

138

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

139

or demolition of any public lodging or public food service

140

establishment. It is the intent of the Legislature to preempt

141

that function to the Florida Building Commission and the State

142

Fire Marshal through adoption and maintenance of the Florida

143

Building Code and the Florida Fire Prevention Code. The division

144

shall provide technical assistance to the commission and the

145

State Fire Marshal in updating the construction standards of the

146

Florida Building Code and the Florida Fire Prevention Code which

147

govern public lodging and public food service establishments.

148

Further, the division shall enforce the provisions of the Florida

149

Building Code and the Florida Fire Prevention Code which apply to

150

public lodging and public food service establishments in

151

conducting any inspections authorized by this part. The division,

152

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

153

State Fire Marshal of any readily observable violation of a rule

154

adopted under chapter 633 which relates to public lodging

155

establishments or public food establishments, and the

156

identification of such violation does not require any firesafety

157

inspection certification.

158

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

159

establishments and public food service establishments, including,

160

but not limited to, the inspection of public lodging

161

establishments and public food service establishments for

162

compliance with the sanitation standards adopted under this

163

section, and the regulation of food safety protection standards

164

for required training and testing of food service establishment

165

personnel are preempted to the state. This subsection does not

166

preempt the authority of a local government or local enforcement

167

district to conduct inspections of public lodging and public food

168

service establishments for compliance with the Florida Building

169

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

170

and 633.022.

171

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

172

read:

173

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

174

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

175

standards for the training and certification of all food service

176

managers who are responsible for the storage, preparation,

177

display, or serving of foods to the public in establishments

178

regulated under this chapter. The standards adopted by the

179

division shall be consistent with the Standards for Accreditation

180

of Food Protection Manager Certification Programs adopted by the

181

Conference for Food Protection. These standards are to be adopted

182

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

183

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

184

food service establishment shall have demonstrated a knowledge of

185

basic food protection practices. The division may contract with

186

an organization offering a training and certification program

187

that complies with division standards and results in a

188

certification recognized by the Conference for Food Protection to

189

conduct an approved test and certify all test results to the

190

division. Other organizations offering programs that meet the

191

same requirements may also conduct approved tests and certify all

192

test results to the division. The division may charge the

193

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

194

certified test to cover the administrative costs of the division

195

for the food service manager training and certification program.

196

All managers employed by a food service establishment must have

197

passed an approved test and received a certificate attesting

198

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

199

pass the required test. All public food service establishments

200

must provide the division with proof of food service manager

201

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

202

time of any division inspection of the establishment. The ranking

203

of food service establishments is also preempted to the state;

204

provided, however, that any local ordinances establishing a

205

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

206

in effect.

207

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

208

Florida Statutes, are amended to read:

209

     509.101  Establishment rules; posting of notice; food

210

service inspection report; maintenance of guest register; mobile

211

food dispensing vehicle registry.--

212

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

213

public food service establishment may establish reasonable rules

214

and regulations for the management of the establishment and its

215

guests and employees; and each guest or employee staying,

216

sojourning, eating, or employed in the establishment shall

217

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

218

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

219

and regulations shall be deemed to be a special contract between

220

the operator and each guest or employee using the services or

221

facilities of the operator. Such rules and regulations shall

222

control the liabilities, responsibilities, and obligations of all

223

parties. Any rules or regulations established pursuant to this

224

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

225

prominent place within such public lodging establishment or

226

public food service establishment. Such posting shall also

227

include notice that a current copy of this chapter is available

228

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

229

public food service establishment shall maintain the latest food

230

service inspection report or a duplicate copy on premises and

231

shall make it available to the public upon request.

232

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

233

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

234

for guests who occupy rental units within the establishment,

235

showing the dates upon which the rental units were occupied by

236

such guests and the rates charged for their occupancy. This

237

register shall be maintained in chronological order and available

238

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

239

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

240

operator shall maintain at all times a current copy of this

241

chapter in the office of the licensed establishment which shall

242

be made available to the public upon request.

243

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

244

read:

245

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

246

operator of a public lodging establishment or public food service

247

establishment:

248

     (1) May refuse accommodations or service to any person

249

whose conduct on the premises of the establishment displays

250

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

251

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

252

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

253

illegally possesses or deals in controlled substances as defined

254

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

255

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

256

disability, or national origin.

257

     (2) Shall accommodate any person using a child conveyance

258

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

259

or health of employees or other patrons.

260

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

261

Florida Statutes, are amended to read:

262

     509.211  Safety regulations.--

263

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

264

the local firesafety authority or the State Fire Marshal of any

265

major violation of a rule adopted under chapter 633 which relates

266

to public lodging establishments or public food service

267

establishments. The division may impose administrative sanctions

268

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

269

such violations to the local firesafety authorities for

270

enforcement.

271

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

272

public lodging establishment or public food service establishment

273

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

274

such equipment is vented so as to prevent the accumulation of

275

toxic or injurious gases or liquids.

276

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

277

commits is guilty of a misdemeanor of the second degree,

278

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

279

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

280

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

281

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

282

be properly maintained and repaired. The division may impose

283

administrative sanctions for violations of this subsection

284

pursuant to s. 509.261.

285

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

286

regulated under chapter 554 which is fired by the direct

287

application of energy from the combustion of fuels and that is

288

located in any portion of a public lodging establishment that

289

also contains sleeping rooms shall be equipped with one or more

290

carbon monoxide sensor devices that bear the label of a

291

nationally recognized testing laboratory and have been tested and

292

listed as complying with the most recent Underwriters

293

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

294

is determined that carbon monoxide hazards have otherwise been

295

adequately mitigated as determined by the division. Such devices

296

shall be integrated with the public lodging establishment's fire

297

detection system. Any such installation or determination shall be

298

made in accordance with rules adopted by the division.

299

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

300

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

301

to read:

302

     509.221  Sanitary regulations.--

303

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

304

food service establishment shall be supplied with potable water

305

and shall provide adequate sanitary facilities for the

306

accommodation of its employees and guests. Such facilities may

307

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

308

toilets, and bidets. Such sanitary facilities shall be connected

309

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

310

and maintained in accordance with the Florida Building Code as

311

approved by the local building authority. Wastewater or sewage

312

shall be properly treated onsite or discharged into an approved

313

sewage collection and treatment system.

314

     (b) Each public food service establishment shall be

315

supplied with potable water and shall provide adequate sanitary

316

facilities for the accommodation of its employees. Such

317

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

318

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

319

connected to approved plumbing. Such plumbing shall be sized,

320

installed, and maintained in accordance with the Florida Building

321

Code as approved by the local building authority. Wastewater or

322

sewage shall be properly treated onsite or discharged into an

323

approved sewage collection and treatment system.

324

     (c) Each toilet facility located on the premises of the

325

public food service establishment must be completely enclosed and

326

provided with a tight-fitting, self-closing door or have

327

entrances and exits constructed in such a manner as to ensure the

328

privacy of occupants. Such door may not be left open except

329

during cleaning or maintenance.

330

     (d) Toilet facilities that are used by patrons must be

331

situated so that a patron does not pass through food-preparation

332

or utensil-washing areas.

333

     (e) Toilet fixtures must be cleanable.

334

     (f) Toilet facilities, including rooms and fixtures, must

335

be kept clean and in good repair.

336

     (g) The floors must be made of a nonabsorbent material and

337

be kept clean.

338

     (h) Receptacles must be provided for waste material and

339

such receptacles must contain a trash-can liner and must be

340

covered. Receptacles must be emptied as necessary to prevent

341

excessive accumulation of waste material.

342

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

343

detergent must be available in each toilet facility, and running

344

water must be available at each hand-washing sink within a toilet

345

facility. A supply of sanitary towels or a hand-drying device

346

providing heated air must be located in each toilet facility.

347

Running water must be available at each hand-washing sink within

348

a toilet facility, and hand-washing sinks that have an automatic

349

shut-off must run for a minimum of 15 seconds. Hand-washing

350

sinks, soap dispensers, hand-drying devices, and all related

351

fixtures must be kept clean and in good repair.

352

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

353

toilet stall.

354

     (k) Each toilet facility must be lighted and ventilated.

355

     (l) A sign or poster that notifies food service employees

356

to wash their hands must be provided at each hand-washing sink

357

used by public food service employees and must be clearly visible

358

to the food service employees.

359

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

360

food service establishment shall maintain not less than one

361

public bathroom facilities in accordance with the Florida

362

Building Code as approved by the local building authority for

363

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

364

The division shall establish by rule categories of establishments

365

not subject to the bathroom requirement of this paragraph. Such

366

rules may not alter the exemption provided for theme parks in

367

paragraph (b).

368

     (5) Each transient public lodging establishment and each

369

public food service establishment shall provide in the main

370

public bathroom soap and clean towels or other approved hand-

371

drying devices and each public lodging establishment shall

372

furnish each guest with two clean individual towels so that two

373

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

374

first been laundered. Each public food service establishment

375

shall provide in the employee bathroom and any public bathroom

376

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

377

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

378

section 509.242, Florida Statutes, are amended to read:

379

     509.242  Public lodging establishments; classifications.--

380

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

381

hotel, motel, resort condominium, nontransient apartment,

382

transient apartment, roominghouse, bed and breakfast inn, or

383

resort dwelling if the establishment satisfies the following

384

criteria:

385

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

386

apartment or roominghouse is a any apartment building or complex

387

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

388

available for rent to nontransient tenants.

389

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

390

apartment or roominghouse is a any apartment building or complex

391

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

392

advertised or held out to the public as available for transient

393

occupancy.

394

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

395

509.261, Florida Statutes, to read:

396

     509.261  Revocation or suspension of licenses; fines;

397

procedure.--

398

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

399

of any public lodging establishment or public food service

400

establishment when the establishment is not in compliance with

401

the requirements of a final order or other administrative action

402

issued against the licensee by the division.

403

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

404

of any public lodging establishment or public food service

405

establishment until all outstanding fines are paid in full to the

406

division as required by all final orders or other administrative

407

action issued against the licensee by the division.

408

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