Florida Senate - 2013                                     SB 842
       
       
       
       By Senator Stargel
       
       
       
       
       15-00834A-13                                           2013842__
    1                        A bill to be entitled                      
    2         An act relating to premises inspections; amending s.
    3         509.032, F.S.; requiring the Division of Hotels and
    4         Restaurants of the Department of Business and
    5         Professional Regulation to inspect public lodgings
    6         annually; requiring the division to adopt rules for a
    7         risk-based inspection frequency for licensed public
    8         food service establishments; providing criteria;
    9         conforming terminology; providing an effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (a) of subsection (2) of section
   14  509.032, Florida Statutes, is amended to read:
   15         509.032 Duties.—
   16         (2) INSPECTION OF PREMISES.—
   17         (a) The division has responsibility and jurisdiction and is
   18  responsible for all inspections required by this chapter. The
   19  division is responsible has responsibility for quality
   20  assurance. The division shall inspect each licensed public
   21  lodging establishment shall be inspected at least biannually,
   22  except for transient and nontransient apartments, which shall be
   23  inspected at least annually. Each establishment licensed by the
   24  division, and shall be inspected at such other times as the
   25  division determines is necessary to ensure the public’s health,
   26  safety, and welfare. The division shall by no later than July 1,
   27  2014, adopt by rule a risk-based establish a system to determine
   28  inspection frequency for each licensed public food service
   29  establishment. The rule must require at least one, but not more
   30  than four, routine inspections that must be performed annually,
   31  and may include guidelines that consider the inspection and
   32  compliance history of a public food service establishment, the
   33  type of food and food preparation, and the type of service. The
   34  division shall annually reassess the inspection frequency of all
   35  licensed public food service establishments. Public lodging
   36  units classified as vacation rentals are not subject to this
   37  requirement but shall be made available to the division upon
   38  request. If, during the inspection of a public lodging
   39  establishment classified for renting to transient or
   40  nontransient tenants, an inspector identifies vulnerable adults
   41  who appear to be victims of neglect, as defined in s. 415.102,
   42  or, in the case of a building that is not equipped with
   43  automatic sprinkler systems, tenants or clients who may be
   44  unable to self-preserve in an emergency, the division shall
   45  convene meetings with the following agencies as appropriate to
   46  the individual situation: the Department of Health, the
   47  Department of Elderly Affairs, the area agency on aging, the
   48  local fire marshal, the landlord and affected tenants and
   49  clients, and other relevant organizations, to develop a plan
   50  that which improves the prospects for safety of affected
   51  residents and, if necessary, identifies alternative living
   52  arrangements such as facilities licensed under part II of
   53  chapter 400 or under chapter 429.
   54         Section 2. This act shall take effect July 1, 2014.