Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. CS for SB 2614
Barcode 822308
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/20/2009 .
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The Committee on Health and Human Services Appropriations
(Gaetz) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 168 and 169
4 insert:
5 Section 3. Subsection (16) of section 381.006, Florida
6 Statutes, is amended to read:
7 381.006 Environmental health.—The department shall conduct
8 an environmental health program as part of fulfilling the
9 state’s public health mission. The purpose of this program is to
10 detect and prevent disease caused by natural and manmade factors
11 in the environment. The environmental health program shall
12 include, but not be limited to:
13 (16) A group-care-facilities function, where a group care
14 facility means any public or private school, housing, building
15 or buildings, section of a building, or distinct part of a
16 building or other place, whether operated for profit or not,
17 which undertakes, through its ownership or management, to
18 provide one or more personal services, care, protection, and
19 supervision to persons who require such services and who are not
20 related to the owner or administrator. The department may adopt
21 rules necessary to protect the health and safety of residents,
22 staff, and patrons of group care facilities, such as child care
23 facilities, family day care homes, assisted living facilities,
24 adult day care centers, adult family care homes, hospices,
25 residential treatment facilities, crisis stabilization units,
26 pediatric extended care centers, intermediate care facilities
27 for the developmentally disabled, group care homes, and, jointly
28 with the Department of Education, private and public schools.
29 These rules may include definitions of terms; provisions
30 relating to operation and maintenance of facilities, buildings,
31 grounds, equipment, furnishings, and occupant-space
32 requirements; lighting; heating, cooling, and ventilation; food
33 service; water supply and plumbing; sewage; sanitary facilities;
34 insect and rodent control; garbage; safety; personnel health,
35 hygiene, and work practices; and other matters the department
36 finds are appropriate or necessary to protect the safety and
37 health of the residents, staff, or patrons. The department may
38 not adopt rules that conflict with rules adopted by the
39 licensing or certifying agency. The department may enter and
40 inspect at reasonable hours to determine compliance with
41 applicable statutes or rules. An environmental health program
42 inspection of a certified domestic violence center shall be
43 limited to the requirements set forth in the department’s rules
44 applicable to community-based residential facilities with five
45 or fewer residents. In addition to any sanctions that the
46 department may impose for violations of rules adopted under this
47 section, the department shall also report such violations to any
48 agency responsible for licensing or certifying the group care
49 facility. The licensing or certifying agency may also impose any
50 sanction based solely on the findings of the department.
51
52 The department may adopt rules to carry out the provisions of
53 this section.
54 Section 4. Paragraph (a) of subsection (2) of section
55 381.0072, Florida Statutes, is amended to read:
56 381.0072 Food service protection.—It shall be the duty of
57 the Department of Health to adopt and enforce sanitation rules
58 consistent with law to ensure the protection of the public from
59 food-borne illness. These rules shall provide the standards and
60 requirements for the storage, preparation, serving, or display
61 of food in food service establishments as defined in this
62 section and which are not permitted or licensed under chapter
63 500 or chapter 509.
64 (2) DUTIES.—
65 (a) The department shall adopt rules, including definitions
66 of terms which are consistent with law prescribing minimum
67 sanitation standards and manager certification requirements as
68 prescribed in s. 509.039, and which shall be enforced in food
69 service establishments as defined in this section. The
70 sanitation standards must address the construction, operation,
71 and maintenance of the establishment; lighting, ventilation,
72 laundry rooms, lockers, use and storage of toxic materials and
73 cleaning compounds, and first-aid supplies; plan review; design,
74 construction, installation, location, maintenance, sanitation,
75 and storage of food equipment and utensils; employee training,
76 health, hygiene, and work practices; food supplies, preparation,
77 storage, transportation, and service, including access to the
78 areas where food is stored or prepared; and sanitary facilities
79 and controls, including water supply and sewage disposal;
80 plumbing and toilet facilities; garbage and refuse collection,
81 storage, and disposal; and vermin control. Public and private
82 schools, if the food service is operated by school employees;
83 hospitals licensed under chapter 395; nursing homes licensed
84 under part II of chapter 400; child care facilities as defined
85 in s. 402.301; residential facilities colocated with a nursing
86 home or hospital, if all food is prepared in a central kitchen
87 that complies with nursing or hospital regulations; and bars and
88 lounges, as defined by department rule, are exempt from the
89 rules developed for manager certification. The department shall
90 administer a comprehensive inspection, monitoring, and sampling
91 program to ensure such standards are maintained. With respect to
92 food service establishments permitted or licensed under chapter
93 500 or chapter 509, the department shall assist the Division of
94 Hotels and Restaurants of the Department of Business and
95 Professional Regulation and the Department of Agriculture and
96 Consumer Services with rulemaking by providing technical
97 information. Food service inspections of a certified domestic
98 violence center shall be limited to the requirements set forth
99 in the department’s rules applicable to community-based
100 residential facilities with five or fewer residents.
101
102 ================= T I T L E A M E N D M E N T ================
103 And the title is amended as follows:
104
105 Delete line 9
106 and insert:
107 Healthy People Act; amending s. 381.006, F.S.;
108 requiring the Department of Health, when conducting an
109 environmental health program inspection of a certified
110 domestic violence center to limit the inspection of
111 the domestic violence center to the requirements set
112 forth in the department’s rules applicable to
113 community-based residential facilities with five or
114 fewer residents; amending s. 381.0072, F.S.; requiring
115 the Department of Health, when conducting a food
116 service inspection of a certified domestic violence
117 center to limit the inspection of the domestic
118 violence center to the requirements set forth in the
119 department’s rules applicable to community-based
120 residential facilities with five or fewer residents;
121 transferring, renumbering, and