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A bill to be entitled

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An act relating to public food service establishments;

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creating s. 509.054, F.S.; requiring the Division of

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Hotels and Restaurants within the Department of Business

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and Professional Regulation to inspect toilet facilities

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of public food service establishments; providing the

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minimum sanitation standards for toilet facilities in food

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service establishments; providing certain exemptions;

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providing an exemption for a restroom in a public airport;

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providing for administrative penalties; providing an

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effective date.

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

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     Section 1.  Section 509.054, Florida Statutes, is created to

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read:

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     509.054 Restroom inspections.--

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     (1) The division shall inspect each public food service

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establishment and its toilet facilities pursuant to s. 509.032 as

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often as necessary to ensure compliance with applicable laws and

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rules. A toilet facility in a public food service establishment

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must meet the following minimum sanitation standards:

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

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public food service establishment must be completely enclosed and

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

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

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

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during cleaning or maintenance.

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

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

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or utensil-washing areas.

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     (c) Toilet fixtures must be cleanable.

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

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be kept clean and in good repair.

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

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cleaned daily. The requirement that floors be made of a

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nonabsorbent material applies only to public food service

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establishments that are constructed or substantially remodeled on

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or after July 1, 2008.

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     (f) Receptacles must be provided for waste material and

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such receptacles must contain a trash-can liner. In toilet

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facilities for women these receptacles must be covered.

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Receptacles must be emptied as necessary to prevent excessive

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accumulation of waste material.

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

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detergent must be available in each toilet facility, and running

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

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

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providing heated air must be located in each toilet facility.

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Applicable to public food service establishments that are

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constructed or substantially remodeled on or after July 1, 2008,

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hot and cold running water must be available at each hand-washing

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sink within a toilet facility, and hand-washing sinks that have

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an automatic shut-off must run for a minimum of 20 seconds. Hand-

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

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related fixtures must be kept clean and in good repair.

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

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toilet stall at all times.

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

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This requirement applies only to public food service

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establishments that are constructed or substantially remodeled on

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or after July 1, 2008.

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

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

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used by public food service employees and must be clearly visible

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to the food service employees.

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     (2) This section does not apply to restrooms in a public

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airport as defined in s. 330.27 which are not located within a

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public food service establishment.

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     (3) If the director determines that a violation of the

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minimum sanitation standards in this section represents a severe

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and immediate threat to the public health, safety, or welfare,

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the division shall, upon a proper finding, immediately issue an

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emergency order to close an establishment licensed under this

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chapter pursuant to the procedures for emergency orders in s.

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509.035.

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     Section 2.  This act shall take effect July 1, 2008.