Florida Senate - 2011 SB 394
By Senator Jones
13-00442-11 2011394__
1 A bill to be entitled
2 An act relating to the Department of Health; amending
3 s. 381.0072, F.S.; redefining the term “food service
4 establishment” to include child care facilities;
5 placing the regulation of such facilities under the
6 jurisdiction of the department; requiring that the
7 department consult with specified agencies and not
8 duplicate areas of inspection executed by such
9 agencies; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Paragraph (b) of subsection (1) and subsection
14 (2) of section 381.0072, Florida Statutes, are amended to read:
15 381.0072 Food service protection.—It shall be the duty of
16 the Department of Health to adopt and enforce sanitation rules
17 consistent with law to ensure the protection of the public from
18 food-borne illness. These rules shall provide the standards and
19 requirements for the storage, preparation, serving, or display
20 of food in food service establishments as defined in this
21 section and which are not permitted or licensed under chapter
22 500 or chapter 509.
23 (1) DEFINITIONS.—As used in this section, the term:
24 (b) “Food service establishment” means detention
25 facilities, public or private schools, migrant labor camps,
26 assisted living facilities, adult family-care homes, adult day
27 care centers, child care facilities, short-term residential
28 treatment centers, residential treatment facilities, homes for
29 special services, transitional living facilities, crisis
30 stabilization units, hospices, prescribed pediatric extended
31 care centers, intermediate care facilities for persons with
32 developmental disabilities, boarding schools, civic or fraternal
33 organizations, bars and lounges, vending machines that dispense
34 potentially hazardous foods at facilities expressly named in
35 this paragraph, and facilities used as temporary food events or
36 mobile food units at any facility expressly named in this
37 paragraph, where food is prepared and intended for individual
38 portion service, including the site at which individual portions
39 are provided, regardless of whether consumption is on or off the
40 premises and regardless of whether there is a charge for the
41 food. The term does not include any entity not expressly named
42 in this paragraph; nor does the term include a domestic violence
43 center certified and monitored by the Department of Children and
44 Family Services under part XIII of chapter 39 if the center does
45 not prepare and serve food to its residents and does not
46 advertise food or drink for public consumption.
47 (2) DUTIES.—
48 (a) The department may advise and consult with the Agency
49 for Health Care Administration, the Department of Business and
50 Professional Regulation, the Department of Agriculture and
51 Consumer Services, and the Department of Children and Family
52 Services concerning procedures related to the storage,
53 preparation, serving, or display of food at any building,
54 structure, or facility not expressly included in this section
55 that is inspected, licensed, or regulated by those agencies.
56 (b) The department shall adopt rules, including definitions
57 of terms which are consistent with law prescribing minimum
58 sanitation standards and manager certification requirements as
59 prescribed in s. 509.039, and which shall be enforced in food
60 service establishments as defined in this section. The
61 sanitation standards must address the construction, operation,
62 and maintenance of the establishment; lighting, ventilation,
63 laundry rooms, lockers, use and storage of toxic materials and
64 cleaning compounds, and first-aid supplies; plan review; design,
65 construction, installation, location, maintenance, sanitation,
66 and storage of food equipment and utensils; employee training,
67 health, hygiene, and work practices; food supplies, preparation,
68 storage, transportation, and service, including access to the
69 areas where food is stored or prepared; and sanitary facilities
70 and controls, including water supply and sewage disposal;
71 plumbing and toilet facilities; garbage and refuse collection,
72 storage, and disposal; and vermin control. Public and private
73 schools, if the food service is operated by school employees,
74 bars and lounges, civic organizations, and any other facility
75 that is not regulated under this section are exempt from the
76 rules developed for manager certification. The department shall
77 administer a comprehensive inspection, monitoring, and sampling
78 program to ensure such standards are maintained. With respect to
79 food service establishments permitted or licensed under chapter
80 500 or chapter 509, the department shall assist the Division of
81 Hotels and Restaurants of the Department of Business and
82 Professional Regulation and the Department of Agriculture and
83 Consumer Services with rulemaking by providing technical
84 information.
85 (c) The department shall carry out all provisions of this
86 chapter and all other applicable laws and rules relating to the
87 inspection or regulation of food service establishments as
88 defined in this section, for the purpose of safeguarding the
89 public’s health, safety, and welfare.
90 (d) The department shall inspect each food service
91 establishment as often as necessary to ensure compliance with
92 applicable laws and rules. The department shall have the right
93 of entry and access to these food service establishments at any
94 reasonable time. In consultation with the agencies set forth in
95 paragraph (a), the department may not duplicate areas of
96 inspection that are executed by the appropriate regulatory body.
97 In inspecting food service establishments as provided under this
98 section, the department shall provide each inspected
99 establishment with the food recovery brochure developed under s.
100 570.0725.
101 (e) The department or other appropriate regulatory entity
102 may inspect theaters exempted in subsection (1) to ensure
103 compliance with applicable laws and rules pertaining to minimum
104 sanitation standards. A fee for inspection shall be prescribed
105 by rule, but the aggregate amount charged per year per theater
106 establishment shall not exceed $300, regardless of the entity
107 providing the inspection.
108 Section 2. This act shall take effect July 1, 2011.