| 1 | A bill to be entitled |
| 2 | An act relating to duties of the Division of Hotels and |
| 3 | Restaurants relating to the Florida Building Code and the |
| 4 | Florida Fire Prevention Code; amending s. 509.032, F.S.; |
| 5 | eliminating the requirement for the Division of Hotels and |
| 6 | Restaurants to provide technical support to assist the |
| 7 | Florida Building Commission in updating the construction |
| 8 | standards of the Florida Building Code and the State Fire |
| 9 | Marshal in updating the Florida Fire Prevention Code; |
| 10 | eliminating the requirement for the division to enforce |
| 11 | the Florida Building Code and the Florida Fire Prevention |
| 12 | Code in conducting its inspections; providing an effective |
| 13 | date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Paragraph (d) of subsection (2) of section |
| 18 | 509.032, Florida Statutes, is amended to read: |
| 19 | 509.032 Duties.-- |
| 20 | (2) INSPECTION OF PREMISES.-- |
| 21 | (d) The division shall adopt and enforce sanitation rules |
| 22 | consistent with law to ensure the protection of the public from |
| 23 | food-borne illness in those establishments licensed under this |
| 24 | chapter. These rules shall provide the standards and |
| 25 | requirements for obtaining, storing, preparing, processing, |
| 26 | serving, or displaying food in public food service |
| 27 | establishments, approving public food service establishment |
| 28 | facility plans, conducting necessary public food service |
| 29 | establishment inspections for compliance with sanitation |
| 30 | regulations, cooperating and coordinating with the Department of |
| 31 | Health in epidemiological investigations, and initiating |
| 32 | enforcement actions, and for other such responsibilities deemed |
| 33 | necessary by the division. The division may not establish by |
| 34 | rule any regulation governing the design, construction, |
| 35 | erection, alteration, modification, repair, or demolition of any |
| 36 | public lodging or public food service establishment. It is the |
| 37 | intent of the Legislature to preempt that function to the |
| 38 | Florida Building Commission and the State Fire Marshal through |
| 39 | adoption and maintenance of the Florida Building Code and the |
| 40 | Florida Fire Prevention Code. The division shall provide |
| 41 | technical assistance to the commission and the State Fire |
| 42 | Marshal in updating the construction standards of the Florida |
| 43 | Building Code and the Florida Fire Prevention Code which govern |
| 44 | public lodging and public food service establishments. Further, |
| 45 | the division shall enforce the provisions of the Florida |
| 46 | Building Code and the Florida Fire Prevention Code which apply |
| 47 | to public lodging and public food service establishments in |
| 48 | conducting any inspections authorized by this part. |
| 49 | Section 2. This act shall take effect July 1, 2008. |