| 1 | A bill to be entitled |
| 2 | An act relating to public food service establishments; |
| 3 | creating s. 509.054, F.S.; requiring the Division of |
| 4 | Hotels and Restaurants within the Department of Business |
| 5 | and Professional Regulation to inspect toilet facilities |
| 6 | of public food service establishments; providing the |
| 7 | minimum sanitation standards for toilet facilities in food |
| 8 | service establishments; providing certain exemptions; |
| 9 | providing an exemption for a restroom in a public airport; |
| 10 | providing for administrative penalties; providing an |
| 11 | effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Section 509.054, Florida Statutes, is created |
| 16 | to read: |
| 17 | 509.054 Restroom inspections.-- |
| 18 | (1) The division shall inspect each public food service |
| 19 | establishment and its toilet facilities pursuant to s. 509.032 |
| 20 | as often as necessary to ensure compliance with applicable laws |
| 21 | and rules. A toilet facility in a public food service |
| 22 | establishment must meet the following minimum sanitation |
| 23 | standards: |
| 24 | (a) Each toilet facility located on the premises of the |
| 25 | public food service establishment must be completely enclosed |
| 26 | and provided with a tight-fitting, self-closing door or have |
| 27 | entrances and exits constructed in such a manner as to ensure |
| 28 | the privacy of occupants. Such door may not be left open except |
| 29 | during cleaning or maintenance. |
| 30 | (b) Toilet facilities that are used by patrons must be |
| 31 | situated so that a patron does not pass through food-preparation |
| 32 | or utensil-washing areas. |
| 33 | (c) Toilet fixtures must be cleanable. |
| 34 | (d) Toilet facilities, including rooms and fixtures, must |
| 35 | be kept clean and in good repair. |
| 36 | (e) The floors must be made of a nonabsorbent material and |
| 37 | cleaned daily. The requirement that floors be made of a |
| 38 | nonabsorbent material applies only to public food service |
| 39 | establishments that are constructed or substantially remodeled |
| 40 | on or after July 1, 2008. |
| 41 | (f) Receptacles must be provided for waste material and |
| 42 | such receptacles must contain a trash-can liner and must be |
| 43 | covered. Receptacles must be emptied as necessary to prevent |
| 44 | excessive accumulation of waste material. |
| 45 | (g) A supply of hand-cleansing, antibacterial soap or |
| 46 | detergent must be available in each toilet facility, and running |
| 47 | water must be available at each hand-washing sink within a |
| 48 | toilet facility. A supply of sanitary towels or a hand-drying |
| 49 | device providing heated air must be located in each toilet |
| 50 | facility. Applicable to public food service establishments that |
| 51 | are constructed or substantially remodeled on or after July 1, |
| 52 | 2008, hot and cold running water must be available at each hand- |
| 53 | washing sink within a toilet facility, and hand-washing sinks |
| 54 | that have an automatic shut-off must run for a minimum of 20 |
| 55 | seconds. Hand-washing sinks, soap dispensers, hand-drying |
| 56 | devices, and all related fixtures must be kept clean and in good |
| 57 | repair. |
| 58 | (h) A supply of toilet tissue must be provided in each |
| 59 | toilet stall at all times. |
| 60 | (i) Each toilet facility must be lighted and ventilated. |
| 61 | This requirement applies only to public food service |
| 62 | establishments that are constructed or substantially remodeled |
| 63 | on or after July 1, 2008. |
| 64 | (j) A sign or poster that notifies food service employees |
| 65 | to wash their hands must be provided at each hand-washing sink |
| 66 | used by public food service employees and must be clearly |
| 67 | visible to the food service employees. |
| 68 | (2) This section does not apply to restrooms in a public |
| 69 | airport as defined in s. 330.27 which are not located within a |
| 70 | public food service establishment. |
| 71 | (3) If the director determines that a violation of the |
| 72 | minimum sanitation standards in this section represents a severe |
| 73 | and immediate threat to the public health, safety, or welfare, |
| 74 | the division shall, upon a proper finding, immediately issue an |
| 75 | emergency order to close an establishment licensed under this |
| 76 | chapter pursuant to the procedures for emergency orders in s. |
| 77 | 509.035. |
| 78 | Section 2. This act shall take effect July 1, 2008. |