Florida Senate - 2014                                    SB 1080
       
       
        
       By Senator Sobel
       
       
       
       
       
       33-00719A-14                                          20141080__
    1                        A bill to be entitled                      
    2         An act relating to public food service establishment
    3         inspections; transferring the regulation of public
    4         food service establishment inspections under ch. 509,
    5         F.S., from the Department of Business and Professional
    6         Regulation to the Department of Health; amending s.
    7         20.43, F.S.; revising the duties of the Department of
    8         Health to include public food service establishment
    9         inspections; amending s. 213.0535, F.S.; conforming a
   10         cross-reference to changes made by the act; amending
   11         s. 381.0072, F.S.; defining and redefining terms;
   12         requiring a report for public food service
   13         establishment inspections; specifying a grading scale
   14         used in the inspection report; authorizing a public
   15         food service establishment to request a reinspection
   16         under certain circumstances; authorizing the
   17         Department of Health to increase inspections and
   18         charge a reasonable fee for such inspections for
   19         repeat offenses; requiring a public food service
   20         establishment to immediately post a letter grade card,
   21         maintain a copy of the most recent inspection report,
   22         and make such report available to the public upon
   23         request; requiring the department to establish a toll
   24         free hotline for complaints; requiring the department
   25         to establish a consumer advocate position; authorizing
   26         a health inspector to immediately close a public food
   27         service establishment under certain circumstances;
   28         specifying standards for inspectors; requiring the
   29         department to provide continuing education for each
   30         public food service inspector; revising the licensing
   31         requirements, requirements for stop-sale orders, and
   32         penalties for misrepresenting food or food products
   33         under chapter 381 to include public food service
   34         establishments; requiring a public food service
   35         establishment to display a license issued by the
   36         department; establishing a fee schedule and maximum
   37         possible fee for a public food service establishment
   38         license; authorizing the department to fine, suspend,
   39         or revoke the license of a public food service
   40         establishment under certain circumstances; amending
   41         ss. 381.0101, 450.061, 509.032, 509.101, 509.241,
   42         509.251, 509.261, and 768.136, F.S.; conforming
   43         provisions to changes made by the act; repealing s.
   44         509.036, F.S., relating to public food service
   45         inspector standardization; providing an effective
   46         date.
   47          
   48  Be It Enacted by the Legislature of the State of Florida:
   49  
   50         Section 1. All powers, duties, functions, records,
   51  personnel, property, pending issues and existing contracts,
   52  administrative authority, administrative rules, and unexpended
   53  balances of appropriations, allocations, and other funds for the
   54  regulation of the inspection of public food service
   55  establishments under ch. 509, Florida Statutes, are transferred
   56  by a type two transfer, as defined in s. 20.06(2), Florida
   57  Statutes, from the Division of Hotels and Restaurants of the
   58  Department of Business and Professional Regulation to the
   59  Department of Health.
   60         Section 2. Paragraph (h) is added to subsection (1) of
   61  section 20.43, Florida Statutes, to read:
   62         20.43 Department of Health.—There is created a Department
   63  of Health.
   64         (1) The purpose of the Department of Health is to protect
   65  and promote the health of all residents and visitors in the
   66  state through organized state and community efforts, including
   67  cooperative agreements with counties. The department shall:
   68         (h) Inspect public food service establishments to safeguard
   69  the public health, safety, and welfare.
   70         Section 3. Paragraph (a) of subsection (4) of section
   71  213.0535, Florida Statutes, is amended to read:
   72         213.0535 Registration Information Sharing and Exchange
   73  Program.—
   74         (4) There are two levels of participation:
   75         (a) Each unit of state or local government responsible for
   76  administering one or more of the provisions specified in
   77  subparagraphs 1.-8. is a level-one participant. Level-one
   78  participants shall exchange, monthly or quarterly, as determined
   79  jointly by each participant and the department, the data
   80  enumerated in subsection (2) for each new registrant, new filer,
   81  or initial reporter, permittee, or licensee, with respect to the
   82  following taxes, licenses, or permits:
   83         1. The sales and use tax imposed under chapter 212.
   84         2. The tourist development tax imposed under s. 125.0104.
   85         3. The tourist impact tax imposed under s. 125.0108.
   86         4. Local business taxes imposed under chapter 205.
   87         5. Convention development taxes imposed under s. 212.0305.
   88         6. Public lodging licenses issued under chapter 509 and
   89  food service establishment licenses issued under pursuant to
   90  chapter 381 509.
   91         7. Beverage law licenses issued pursuant to chapter 561.
   92         8. A municipal resort tax as authorized under chapter 67
   93  930, Laws of Florida.
   94         Section 4. Section 381.0072, Florida Statutes, is amended
   95  to read:
   96         381.0072 Food service protection.—It shall be the duty of
   97  the Department of Health to adopt and enforce sanitation rules
   98  consistent with law to ensure the protection of the public from
   99  food-borne illness. These rules shall provide the standards and
  100  requirements for the storage, preparation, serving, or display
  101  of food in each institutional food service establishment and
  102  each public food service establishment establishments as defined
  103  in this section and which are not permitted or licensed under
  104  chapter 500 or chapter 509.
  105         (1) DEFINITIONS.—As used in this section, the term:
  106         (a) “Department” means the Department of Health or its
  107  representative county health department.
  108         (b) “Institutional food service establishment” means
  109  detention facilities, public or private schools, migrant labor
  110  camps, assisted living facilities, facilities participating in
  111  the United States Department of Agriculture Afterschool Meal
  112  Program which that are located on at a facility or site that is
  113  not inspected by another state agency for compliance with
  114  sanitation standards, adult family-care homes, adult day care
  115  centers, short-term residential treatment centers, residential
  116  treatment facilities, homes for special services, transitional
  117  living facilities, crisis stabilization units, hospices,
  118  prescribed pediatric extended care centers, intermediate care
  119  facilities for persons with developmental disabilities, boarding
  120  schools, civic or fraternal organizations, bars and lounges,
  121  vending machines that dispense potentially hazardous foods at
  122  facilities expressly named in this paragraph, and facilities
  123  used as temporary food events or mobile food units at a any
  124  facility expressly named in this paragraph, where food is
  125  prepared and intended for individual portion service, including
  126  the site at which individual portions are provided, regardless
  127  of whether consumption is on or off the premises and regardless
  128  of whether there is a charge for the food. The term does not
  129  include an any entity not expressly named in this paragraph or;
  130  nor does the term include a domestic violence center certified
  131  by the Department of Children and Families Family Services and
  132  monitored by the Florida Coalition Against Domestic Violence
  133  under part XII of chapter 39 if the center does not prepare and
  134  serve food to its residents and does not advertise food or drink
  135  for public consumption.
  136         (c) “Operator” means the owner, operator, keeper,
  137  proprietor, lessee, manager, assistant manager, agent, or
  138  employee of an institutional food service establishment or a
  139  public food service establishment.
  140         (d) “Public food service establishment” means a building,
  141  vehicle, place, or structure, or a room or division in a
  142  building, vehicle, place, or structure where food is prepared,
  143  served, or sold for immediate consumption on or in the vicinity
  144  of the premises; called for or taken out by customers; or
  145  prepared before being delivered to another location for
  146  consumption. The term does not include:
  147         1. A place maintained and operated by a public or private
  148  school, college, or university for the use of students and
  149  faculty or, on a temporary basis, to serve events such as fairs,
  150  carnivals, and athletic contests.
  151         2. An eating place maintained and operated by a church or a
  152  religious, nonprofit fraternal, or nonprofit civic organization
  153  for the use of members and associates or, on a temporary basis,
  154  to serve events such as fairs, carnivals, or athletic contests.
  155         3. An eating place located on an airplane, train, bus, or
  156  watercraft that is a common carrier.
  157         4. An eating place maintained by a facility certified or
  158  licensed and regulated by the Agency for Health Care
  159  Administration or the Department of Children and Families.
  160         5. A place of business issued a permit or inspected by the
  161  Department of Agriculture and Consumer Services under s. 500.12.
  162         6. A place of business where the food available for
  163  consumption is limited to ice, beverages with or without
  164  garnishment, popcorn, or prepackaged items sold without
  165  additions or preparation.
  166         7. A theater, if the primary use is as a theater and if
  167  patron service is limited to food items customarily served to
  168  the patrons of theaters.
  169         8. A vending machine that dispenses a food or beverage
  170  other than potentially hazardous foods, as defined by department
  171  rule.
  172         9. A vending machine that dispenses potentially hazardous
  173  food and that is located in a facility referred to in paragraph
  174  (b).
  175         10. A research and development test kitchen that is limited
  176  to the use of employees and that is not open to the general
  177  public.
  178         (2) DUTIES.—
  179         (a) The department may advise and consult with the Agency
  180  for Health Care Administration, the Department of Business and
  181  Professional Regulation, the Department of Agriculture and
  182  Consumer Services, and the Department of Children and Families
  183  Family Services concerning procedures related to the storage,
  184  preparation, serving, or display of food at any building,
  185  structure, or facility not expressly included in this section
  186  that is inspected, licensed, or regulated by those agencies.
  187         (b) The department shall adopt rules, including definitions
  188  of terms which are consistent with law, prescribing minimum
  189  sanitation standards and manager certification requirements as
  190  prescribed in s. 509.039, and which shall be enforced in food
  191  service establishments as defined in this section. The
  192  sanitation standards must address the construction, operation,
  193  and maintenance of the establishment; lighting, ventilation,
  194  laundry rooms, lockers, use and storage of toxic materials and
  195  cleaning compounds, and first-aid supplies; plan review; design,
  196  construction, installation, location, maintenance, sanitation,
  197  and storage of food equipment and utensils; employee training,
  198  health, hygiene, and work practices; food supplies, preparation,
  199  storage, transportation, and service, including access to the
  200  areas where food is stored or prepared; and sanitary facilities
  201  and controls, including water supply and sewage disposal;
  202  plumbing and toilet facilities; garbage and refuse collection,
  203  storage, and disposal; and vermin control. Public and private
  204  schools, if the food service is operated by school employees,
  205  bars and lounges, civic organizations, and any other facility
  206  that is not regulated under this section are exempt from the
  207  rules developed for manager certification. The department shall
  208  administer a comprehensive inspection, monitoring, and sampling
  209  program to ensure such standards are maintained. With respect to
  210  food service establishments permitted or licensed under chapter
  211  500 or chapter 509, the department shall assist the Division of
  212  Hotels and Restaurants of the Department of Business and
  213  Professional Regulation and the Department of Agriculture and
  214  Consumer Services with rulemaking by providing technical
  215  information.
  216         (c) The department shall implement carry out all provisions
  217  of this chapter and all other applicable laws and rules relating
  218  to the inspection or regulation of an institutional food service
  219  establishment or a public food service establishment
  220  establishments as defined in this section, for the purpose of
  221  safeguarding the public public’s health, safety, and welfare.
  222         (d) The department shall inspect each institutional food
  223  service establishment or public food service establishment as
  224  often as necessary to ensure compliance with applicable laws and
  225  rules. The department has shall have the right of entry and
  226  access to these food service establishments at any reasonable
  227  time. In inspecting an institutional food service establishment
  228  or a public food service establishment establishments as
  229  provided in under this section, the department shall provide
  230  each inspected establishment with the food recovery brochure
  231  developed under s. 570.0725.
  232         (e) The department or other appropriate regulatory entity
  233  may inspect theaters exempt under exempted in subsection (1) to
  234  ensure compliance with applicable laws and rules pertaining to
  235  minimum sanitation standards. A fee for inspection shall be
  236  prescribed by rule, but the aggregate amount charged per year
  237  per theater establishment may shall not exceed $300, regardless
  238  of the entity providing the inspection.
  239         (3) PUBLIC FOOD SERVICE ESTABLISHMENT INSPECTION.—
  240         (a) Report.Upon completion of an inspection of a public
  241  food service establishment under this section, the inspector
  242  shall produce a written report and assign a numerical score
  243  based on his or her findings. Critical and noncritical
  244  violations will be assigned a point value that will be
  245  subtracted from a maximum score of 100 points. The inspector
  246  will assign one of the following letter grades to the public
  247  food service establishment:
  248         1. An “A” grade indicates establishments in good operating
  249  condition which receive at least 90 points. The inspector may
  250  have observed low-risk health and safety violations but observed
  251  not more than one non-critical violation or critical violation.
  252         2. A “B” grade indicates establishments in adequate
  253  operating condition which receive at least 86 points but not
  254  more than 89 points. The inspector observed at least one non
  255  critical violation but not more than one critical violation.
  256         3. A “C” grade indicates establishments that need
  257  improvement and receive at least 71 points but not more than 85
  258  points. The inspector observed more than one non-critical
  259  violation and more than one critical violation.
  260         4. A “U” grade indicates establishments in poor operating
  261  condition that receive 70 or fewer points. The inspector
  262  observed three or more non-critical violations and more than
  263  three critical violations.
  264         (b)Reinspection; hearing; fines.
  265         1. The operator of a public food service establishment
  266  that, upon initial inspection, fails to achieve a letter grade
  267  of “A” under paragraph (a) may request a reinspection from the
  268  department. The department may charge a reasonable fee for
  269  reinspection.
  270         a. Within 14 days after the first inspection, an
  271  establishment may request a second inspection. The resulting
  272  grade is final unless a hearing is requested.
  273         b. Within 7 days after the second inspection, an operator
  274  of a public food service establishment may submit a written
  275  request for a hearing to contest the assigned letter grade
  276  received during the second inspection and request an additional
  277  inspection.
  278         2.The department may increase the frequency of inspections
  279  for a public food service establishment that fails to achieve a
  280  letter grade of “B” or higher under paragraph (a) during an
  281  initial or subsequent inspection.
  282         (c) Notice; hotline; consumer advocate.
  283         1. A public food service establishment shall immediately
  284  post its current letter grade card in a front window; in a
  285  display case on an outside wall within 5 feet of the front door;
  286  on a drive-through menu board; and on a menu board at a market
  287  or deli. Failure to post the letter grade card or an attempt to
  288  hide, camouflage, or remove the letter grade card may result in
  289  a fine and suspension of an establishment’s license. The
  290  department shall post the inspection report on the Department of
  291  Health website in a form searchable by critical violations, non
  292  critical violations, letter grade, and establishment.
  293         2.An operator of a public food service establishment shall
  294  maintain a copy of the latest food service inspection report on
  295  premises and shall make it available to the public upon request.
  296  If an operator has requested a reinspection, he or she may
  297  inform the public that the current inspection results are under
  298  review and that any results may be obtained from the department.
  299         3. The department shall establish a toll-free telephone
  300  hotline that allows an operator to file a complaint regarding an
  301  inspection, and the number of the hotline shall be included in a
  302  pamphlet provided by the department that explains the inspection
  303  process.
  304         4. The department must appoint a consumer advocate to
  305  represent the health and safety of the general public in issues
  306  regarding public food service establishments.
  307         (d) Closure.—A health inspector may, in his or her
  308  discretion, immediately close a public food service
  309  establishment that fails to achieve a letter grade of “C” or
  310  higher.
  311         (e) Inspector standardization.
  312         1. A person performing required inspections of licensed
  313  public food service establishments for the department must:
  314         a. Be standardized by a food service evaluation officer
  315  certified by the federal Food and Drug Administration;
  316         b. Pass a test approved under s. 509.039 on food safety
  317  protection standards; and
  318         c. Demonstrate knowledge of the laws and rules governing
  319  public food service establishments by passing a written
  320  examination administered by the department.
  321         2.The department shall provide a minimum of 20 hours of
  322  continuing education annually to each public food service
  323  inspector. This continuing education must include instruction in
  324  sanitation, techniques to prevent food-borne illness, and
  325  provide a review of relevant laws.
  326         3.An inspector may be suspended or dismissed for cause
  327  under s. 110.227.
  328         (4)(3) LICENSES REQUIRED.—
  329         (a) Licenses; annual renewals.—Each institutional food
  330  service establishment and each public food service establishment
  331  regulated under this section shall obtain a license from the
  332  department annually. Such Food service establishment licenses
  333  shall expire annually and are not transferable from one place or
  334  individual to another. However, those facilities licensed by the
  335  department’s Office of Licensure and Certification, the Child
  336  Care Services Program Office, or the Agency for Persons with
  337  Disabilities are exempt from this subsection. It is shall be a
  338  misdemeanor of the second degree, punishable as provided in s.
  339  381.0061, s. 775.082, or s. 775.083, for such an establishment
  340  to operate without this license. The department may refuse a
  341  license, or a renewal thereof, to any establishment that is not
  342  constructed or maintained in accordance with law and with the
  343  rules of the department rule. Annual application for renewal is
  344  not required.
  345         (b) Application for license.—Each person who plans to open
  346  an institutional food service establishment or a public food
  347  service establishment regulated under this section and not
  348  regulated under chapter 500 or chapter 509 shall apply for and
  349  receive a license before prior to the commencement of operation.
  350         (c) Display of public food service establishment license;
  351  registry.
  352         1. A public food service establishment license issued by
  353  the department shall be conspicuously displayed in the office or
  354  lobby of the licensed establishment. A public food service
  355  establishment that offers catering services shall display its
  356  license number on all advertising for catering services.
  357         2. It is the duty of each operator of a public food service
  358  establishment that provides commissary services to maintain a
  359  daily registry verifying that each mobile food dispensing
  360  vehicle that receives such services is properly licensed by the
  361  division. In order that such licensure may be readily verified,
  362  each mobile food dispensing vehicle operator shall permanently
  363  affix in a prominent place on the side of the vehicle, in
  364  figures at least 2 inches high and in contrasting colors from
  365  the background, the operator’s public food service establishment
  366  license number. Prior to providing commissary services, each
  367  public food service establishment must verify that the license
  368  number displayed on the vehicle matches the number on the
  369  vehicle operator’s public food service establishment license.
  370         (5)(4) LICENSE; INSPECTION; FEES.—
  371         (a) Authorization.—The department is authorized to collect
  372  fees from establishments licensed under this section and from
  373  those facilities exempted from licensure under paragraph (4)(a)
  374  (3)(a). It is the intent of the Legislature that the total fees
  375  assessed under this section be in an amount sufficient to meet
  376  the cost of administering carrying out the provisions of this
  377  section.
  378         (b) Institutional food service establishment fees.—The fee
  379  schedule for an institutional food service establishment
  380  establishments licensed under this section shall be prescribed
  381  by rule, but the aggregate license fee per establishment may
  382  shall not exceed $300.
  383         (c)Licensure The license fees shall be prorated on a
  384  quarterly basis. Annual licenses shall be renewed as prescribed
  385  by rule.
  386         (c) Public food service establishment fees.The department
  387  shall adopt, by rule, a schedule of fees to be paid by each
  388  public food service establishment as a prerequisite to issuance
  389  or renewal of a license. The fee schedule shall prescribe a
  390  basic fee and additional fees based on seating capacity and
  391  services offered. The aggregate fee per establishment charged
  392  any public food service establishment may not exceed $400;
  393  however, the fees described in subparagraphs 1. and 2. may not
  394  be included as part of the aggregate fee subject to this cap.
  395  The fee schedule shall require an establishment that applies for
  396  an initial license to pay the full license fee if application is
  397  made during the annual renewal period or more than 6 months
  398  prior to the next such renewal period and one-half of the fee if
  399  application is made 6 months or less prior to such period.
  400         1. Upon making initial application or an application for
  401  change of ownership, the applicant shall pay to the department a
  402  fee as prescribed by rule, not to exceed $50, in addition to any
  403  other fees required by law, which shall cover all costs
  404  associated with initiating regulation of the establishment.
  405         2. A license renewal filed with the department within 30
  406  days after the expiration date shall be accompanied by a
  407  delinquent fee as prescribed by rule, not to exceed $50, in
  408  addition to the renewal fee and any other fees required by law.
  409  A license renewal filed with the department more than 30 but not
  410  more than 60 days after the expiration date shall be accompanied
  411  by a delinquent fee as prescribed by rule, not to exceed $100,
  412  in addition to the renewal fee and any other fees required by
  413  law.
  414         (6)(5) FINES; SUSPENSION OR REVOCATION OF LICENSES;
  415  PROCEDURE.—
  416         (a) The department may impose fines against the
  417  establishment or operator regulated under this section for
  418  violations of sanitary standards, in accordance with s.
  419  381.0061. All amounts collected shall be deposited to the credit
  420  of the County Health Department Trust Fund administered by the
  421  department.
  422         (b) The department may suspend or revoke the license of an
  423  institutional food service establishment or a public any food
  424  service establishment licensed under this section that has
  425  operated or is operating in violation of any of the provisions
  426  of this section or the rules adopted thereunder under this
  427  section. Such institutional food service establishment or public
  428  food service establishment must shall remain closed when its
  429  license is suspended or revoked.
  430         (c) The department may suspend or revoke the license of an
  431  institutional food service establishment or a public any food
  432  service establishment licensed under this section if when such
  433  establishment has been deemed by the department to be an
  434  imminent danger to the public public’s health due to its for
  435  failure to meet sanitation standards or other applicable
  436  regulatory standards.
  437         (d) The department may require a public food service
  438  establishment licensee to pay a fine not to exceed $1,000 per
  439  offense and complete, at personal expense, a remedial
  440  educational program administered by a food safety training
  441  program provider approved by the department, as provided in s.
  442  509.049 for repeat violations during inspections.
  443         (e)(d)A No license may not shall be suspended under this
  444  section for a period of more than 12 months. At the end of such
  445  period of suspension, the establishment may apply for
  446  reinstatement or renewal of the license. An institutional food
  447  service establishment or a public food service establishment
  448  that which has had its license revoked may not apply for another
  449  license for that location before prior to the date on which the
  450  revoked license would have expired. The department shall post a
  451  prominent closed-for-operation sign on any public food service
  452  establishment whose license has been suspended or revoked. The
  453  department shall also post such sign on any establishment
  454  judicially or administratively determined to be operating
  455  without a license. It is a misdemeanor of the second degree,
  456  punishable as provided in s. 775.082 or s. 775.083, for any
  457  person to deface or remove such closed-for-operation sign or for
  458  a public food service establishment to open for operation
  459  without a license or to open for operation while its license is
  460  suspended or revoked. The department may impose administrative
  461  sanctions for violations of this section.
  462         (f) The department may fine, suspend, or revoke the license
  463  of any public food service establishment if the operator
  464  knowingly lets, leases, or gives space for unlawful gambling
  465  purposes or permits unlawful gambling in such establishment or
  466  in or upon any premises that are used in connection with, and
  467  are under the same charge, control, or management as, such
  468  establishment.
  469         (g) The department may fine, suspend, or revoke the license
  470  of any public food service establishment when:
  471         1.A person with a direct financial interest in the
  472  licensed establishment, within the preceding 5 years in this or
  473  any other state or the United States, has been adjudicated
  474  guilty of or forfeited a bond when charged with soliciting for
  475  prostitution, pandering, letting premises for prostitution,
  476  keeping a disorderly place, illegally dealing in controlled
  477  substances as defined in chapter 893, or any other crime
  478  reflecting on professional character.
  479         2. Such establishment has been deemed an imminent danger to
  480  the public health and safety by the department or local health
  481  authority for failure to meet sanitation standards or the
  482  premises have been determined by the department or local
  483  authority to be unsafe or unfit for human occupancy.
  484         (7)(6) IMMINENT DANGERS; STOP-SALE ORDERS.—
  485         (a) In the course of epidemiological investigations or in
  486  the regulation of for those establishments licensed regulated by
  487  the department under this chapter, the department, to protect
  488  the public from food that is unwholesome or otherwise unfit for
  489  human consumption, may examine, sample, seize, and stop the sale
  490  or use of food to determine its condition. The department may
  491  stop the sale and supervise the proper destruction of food when
  492  the State Health Officer or his or her designee determines that
  493  such food represents a threat to the public health.
  494         (b) The department may determine that an institutional food
  495  service establishment or a public food service establishment
  496  regulated under this section presents is an imminent danger to
  497  the public health and require its immediate closure if it when
  498  such establishment fails to comply with applicable sanitary and
  499  safety standards and, because of such failure, presents an
  500  imminent threat to the public public’s health, safety, and
  501  welfare. The department may accept inspection results from state
  502  and local building and firesafety officials and other regulatory
  503  agencies as justification for such actions. A Any facility so
  504  deemed and closed under this paragraph shall remain closed until
  505  allowed by the department or by judicial order to reopen.
  506         (8)(7) MISREPRESENTING FOOD OR FOOD PRODUCTS.—The No
  507  operator of an institutional food service establishment or a
  508  public any food service establishment regulated under this
  509  section may not shall knowingly and willfully misrepresent the
  510  identity of any food or food product to any of the patrons of
  511  such establishment. Food used by food establishments shall be
  512  identified, labeled, and advertised in accordance with the
  513  provisions of chapter 500.
  514         Section 5. Paragraph (a) of subsection (2) of section
  515  381.0101, Florida Statutes, is amended to read:
  516         381.0101 Environmental health professionals.—
  517         (2) CERTIFICATION REQUIRED.—A person may not perform
  518  environmental health or sanitary evaluations in any primary
  519  program area of environmental health without being certified by
  520  the department as competent to perform such evaluations. This
  521  section does not apply to:
  522         (a) Persons performing inspections of public food service
  523  establishments licensed under chapter 381 509; or
  524         Section 6. Paragraph (j) of subsection (1) of section
  525  450.061, Florida Statutes, is amended to read:
  526         450.061 Hazardous occupations prohibited; exemptions.—
  527         (1) No minor 15 years of age or younger, whether or not
  528  such person’s disabilities of nonage have been removed by
  529  marriage or otherwise, shall be employed or permitted or
  530  suffered to work in any of the following occupations:
  531         (j) Work in freezers or meat coolers and all work in
  532  preparation of meats for sale, except wrapping, sealing,
  533  labeling, weighing, pricing, and stocking when performed in
  534  another area. This does shall not prohibit work done in the
  535  normal operations of a food service establishment facility
  536  licensed by chapter 381 509.
  537         Section 7. Section 509.032, Florida Statutes, is amended to
  538  read:
  539         509.032 Duties.—
  540         (1) GENERAL.—The division shall perform its duties under
  541  carry out all of the provisions of this chapter and all other
  542  applicable laws and rules adopted relating to the inspection or
  543  regulation of public lodging establishments and public food
  544  service establishments for the purpose of safeguarding the
  545  public health, safety, and welfare. The division shall be
  546  responsible for ascertaining that an operator licensed under
  547  this chapter does not engage in any misleading advertising or
  548  unethical practices.
  549         (2) INSPECTION OF PREMISES.—
  550         (a) The division has responsibility and jurisdiction for
  551  all inspections conducted under required by this chapter. The
  552  division has responsibility for quality assurance. Each licensed
  553  establishment shall be inspected at least biannually, except for
  554  transient and nontransient apartments, which shall be inspected
  555  at least annually, and shall be inspected at such other times as
  556  the division determines is necessary to ensure the public
  557  public’s health, safety, and welfare. The division shall
  558  establish a system to determine inspection frequency. Public
  559  lodging units classified as vacation rentals are exempt from not
  560  subject to this requirement but shall be made available to the
  561  division upon request. If, during the inspection of a public
  562  lodging establishment classified for renting to transient or
  563  nontransient tenants, an inspector identifies vulnerable adults
  564  who appear to be victims of neglect, as defined in s. 415.102,
  565  or, in the case of a building that is not equipped with
  566  automatic sprinkler systems, tenants or clients who may be
  567  unable to self-preserve in an emergency, the division shall
  568  convene meetings to develop a plan that improves the prospects
  569  for safety of affected residents and, if necessary, identifies
  570  alternative living arrangements, such as facilities licensed
  571  under part II of chapter 400 or under chapter 429. The meetings
  572  shall involve with the following agencies as appropriate to the
  573  individual situation: the Department of Health, the Department
  574  of Elderly Affairs, the area agency on aging, the local fire
  575  marshal, the landlord and affected tenants and clients, and
  576  other relevant organizations, to develop a plan which improves
  577  the prospects for safety of affected residents and, if
  578  necessary, identifies alternative living arrangements such as
  579  facilities licensed under part II of chapter 400 or under
  580  chapter 429.
  581         (b) For purposes of performing required inspections and the
  582  enforcement of this chapter, the division has the right of entry
  583  and access to public lodging establishments and public food
  584  service establishments at any reasonable time.
  585         (c) Public food service establishment inspections shall be
  586  conducted to enforce provisions of this part and to educate,
  587  inform, and promote cooperation between the division and the
  588  establishment.
  589         (c)(d)The division shall adopt and enforce sanitation
  590  rules consistent with law to ensure the protection of the public
  591  from food-borne illness in those establishments licensed under
  592  this chapter. These rules shall provide the standards and
  593  requirements for obtaining, storing, preparing, processing,
  594  serving, or displaying food in public food service
  595  establishments, approving public food service establishment
  596  facility plans, conducting necessary public food service
  597  establishment inspections for compliance with sanitation
  598  regulations, cooperating and coordinating with the Department of
  599  Health in epidemiological investigations, and initiating
  600  enforcement actions, and for other such responsibilities deemed
  601  necessary by the division. The division may not establish by
  602  rule any regulation governing the design, construction,
  603  erection, alteration, modification, repair, or demolition of any
  604  public lodging or public food service establishment. It is the
  605  intent of the Legislature to preempt that function to the
  606  Florida Building Commission and the State Fire Marshal through
  607  adoption and maintenance of the Florida Building Code and the
  608  Florida Fire Prevention Code. The division shall provide
  609  technical assistance to the commission in updating the
  610  construction standards of the Florida Building Code which govern
  611  public lodging and public food service establishments. Further,
  612  the division shall enforce the provisions of the Florida
  613  Building Code which apply to public lodging and public food
  614  service establishments in conducting any inspections authorized
  615  under by this part. The division, or its agent, shall notify the
  616  local firesafety authority or the State Fire Marshal of any
  617  readily observable violation of a rule adopted under chapter 633
  618  which relates to public lodging establishments or public food
  619  establishments, and the identification of such violation does
  620  not require any firesafety inspection certification.
  621         (d)(e)1. Relating to facility plan approvals, the division
  622  may establish, by rule, fees for conducting plan reviews and may
  623  grant variances from construction standards in hardship cases,
  624  which are variances may be less restrictive than those the
  625  provisions specified in this section or the rules adopted
  626  thereunder under this section. A variance may not be granted
  627  pursuant to this section until the division is satisfied that:
  628         a. The variance will shall not adversely affect the health
  629  of the public.
  630         b. No reasonable alternative to the required construction
  631  exists.
  632         c. The hardship was not caused intentionally by the action
  633  of the applicant.
  634         2. The division’s advisory council shall review
  635  applications for variances and recommend agency action. The
  636  division shall make arrangements to expedite emergency requests
  637  for variances, to ensure that such requests are acted upon
  638  within 30 days of receipt.
  639         3. The division shall establish, by rule, a fee for the
  640  cost of the variance process. Such fee may shall not exceed $150
  641  for routine variance requests and $300 for emergency variance
  642  requests.
  643         (e)(f) In conducting inspections of establishments licensed
  644  under this chapter, the division shall determine whether if each
  645  coin-operated amusement machine that is operated on the premises
  646  of a licensed establishment is properly registered with the
  647  Department of Revenue. Each month the division shall report to
  648  the Department of Revenue the sales tax registration number of
  649  the operator of any licensed establishment that has on location
  650  a coin-operated amusement machine and that does not have an
  651  identifying certificate conspicuously displayed as required by
  652  s. 212.05(1)(h).
  653         (g) In inspecting public food service establishments, the
  654  department shall provide each inspected establishment with the
  655  food-recovery brochure developed under s. 570.0725.
  656         (3) SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD SERVICE
  657  EVENTS.—The division shall:
  658         (a) Prescribe sanitary standards which shall be enforced in
  659  public food service establishments.
  660         (b) inspect public lodging establishments and public food
  661  service establishments whenever necessary to respond to an
  662  emergency or epidemiological condition.
  663         (c) Administer a public notification process for temporary
  664  food service events and distribute educational materials that
  665  address safe food storage, preparation, and service procedures.
  666         1. Sponsors of temporary food service events shall notify
  667  the division not less than 3 days prior to the scheduled event
  668  of the type of food service proposed, the time and location of
  669  the event, a complete list of food service vendors participating
  670  in the event, the number of individual food service facilities
  671  each vendor will operate at the event, and the identification
  672  number of each food service vendor’s current license as a public
  673  food service establishment or temporary food service event
  674  licensee. Notification may be completed orally, by telephone, in
  675  person, or in writing. A public food service establishment or
  676  food service vendor may not use this notification process to
  677  circumvent the license requirements of this chapter.
  678         2. The division shall keep a record of all notifications
  679  received for proposed temporary food service events and shall
  680  provide appropriate educational materials to the event sponsors,
  681  including the food-recovery brochure developed under s.
  682  570.0725.
  683         3.a. A public food service establishment or other food
  684  service vendor must obtain one of the following classes of
  685  license from the division: an individual license, for a fee of
  686  no more than $105, for each temporary food service event in
  687  which it participates; or an annual license, for a fee of no
  688  more than $1,000, that entitles the licensee to participate in
  689  an unlimited number of food service events during the license
  690  period. The division shall establish license fees, by rule, and
  691  may limit the number of food service facilities a licensee may
  692  operate at a particular temporary food service event under a
  693  single license.
  694         b. Public food service establishments holding current
  695  licenses from the division may operate under the regulations of
  696  such a license at temporary food service events of 3 days or
  697  less in duration.
  698         (4) STOP-SALE ORDERS.—The division may stop the sale, and
  699  supervise the proper destruction, of any food or food product
  700  when the director or the director’s designee determines that
  701  such food or food product represents a threat to the public
  702  safety or welfare. If the operator of a public food service
  703  establishment licensed under this chapter has received official
  704  notification from a health authority that a food or food product
  705  from that establishment has potentially contributed to any
  706  instance or outbreak of food-borne illness, the food or food
  707  product must be maintained in safe storage in the establishment
  708  until the responsible health authority has examined, sampled,
  709  seized, or requested destruction of the food or food product.
  710         (4)(5) REPORTS REQUIRED.—The division shall submit annually
  711  to the Governor, the President of the Senate, the Speaker of the
  712  House of Representatives, and the chairs of the legislative
  713  appropriations committees a report, which must include shall
  714  state, but need not be limited to, the total number of active
  715  public lodging and public food service licenses in the state,
  716  the total number of inspections of such these establishments
  717  conducted by the division to ensure the enforcement of sanitary
  718  standards, the total number of inspections conducted in response
  719  to emergency or epidemiological conditions, the number of
  720  violations of each sanitary standard, the total number of
  721  inspections conducted to meet the statutorily required number of
  722  inspections, and any recommendations for improved inspection
  723  procedures. The division shall also keep accurate account of all
  724  expenses arising out of the performance of its duties and all
  725  fees collected under this chapter. The report shall be submitted
  726  by September 30 following the end of the fiscal year.
  727         (5)(6) RULEMAKING AUTHORITY.—The division shall adopt such
  728  rules as are necessary to administer carry out the provisions of
  729  this chapter.
  730         (6)(7) PREEMPTION AUTHORITY.—
  731         (a) The regulation of public lodging establishments and
  732  public food service establishments, including, but not limited
  733  to, sanitation standards, inspections, and training and testing
  734  of personnel, and matters related to the nutritional content and
  735  marketing of foods offered in such establishments, is preempted
  736  to the state. This paragraph does not preempt the authority of a
  737  local government or local enforcement district to conduct
  738  inspections of public lodging and public food service
  739  establishments for compliance with the Florida Building Code and
  740  the Florida Fire Prevention Code under, pursuant to ss. 553.80
  741  and 633.206.
  742         (b) A local law, ordinance, or regulation may not restrict
  743  the use of vacation rentals, prohibit vacation rentals, or
  744  regulate vacation rentals based solely on their classification,
  745  use, or occupancy. This paragraph does not apply to any local
  746  law, ordinance, or regulation adopted on or before June 1, 2011.
  747         (c) Paragraph (b) does not apply to any local law,
  748  ordinance, or regulation exclusively relating to property
  749  valuation as a criterion for vacation rental if the local law,
  750  ordinance, or regulation is required to be approved by the state
  751  land planning agency pursuant to an area of critical state
  752  concern designation.
  753         Section 8. Section 509.101, Florida Statutes, is amended to
  754  read:
  755         509.101 Establishment rules; posting of notice; food
  756  service inspection report; maintenance of guest register; mobile
  757  food dispensing vehicle registry.—
  758         (1) Any operator of a public lodging establishment or a
  759  public food service establishment may establish reasonable rules
  760  and regulations for the management of the establishment and its
  761  guests and employees; and each guest or employee staying,
  762  sojourning, eating, or employed in the establishment must shall
  763  conform to and abide by such rules and regulations so long as
  764  the guest or employee remains in or at the establishment. Such
  765  rules and regulations shall be deemed to be a special contract
  766  between the operator and each guest or employee using the
  767  services or facilities of the operator. Such rules and
  768  regulations shall control the liabilities, responsibilities, and
  769  obligations of all parties. Any rules or regulations established
  770  pursuant to this section must shall be printed in the English
  771  language and posted in a prominent place within the such public
  772  lodging establishment or public food service establishment. In
  773  addition, any operator of a public food service establishment
  774  shall maintain the latest food service inspection report or a
  775  duplicate copy on premises and shall make it available to the
  776  public upon request.
  777         (2) It is the duty of each operator of a transient
  778  establishment to maintain at all times a register, signed by or
  779  for guests who occupy rental units within the establishment,
  780  showing the dates upon which the rental units were occupied by
  781  such guests and the rates charged for their occupancy. This
  782  register shall be maintained in chronological order and
  783  available for inspection by the division at any time. Operators
  784  need not make available registers that which are more than 2
  785  years old.
  786         (3) It is the duty of each operator of a public food
  787  service establishment that provides commissary services to
  788  maintain a daily registry verifying that each mobile food
  789  dispensing vehicle that receives such services is properly
  790  licensed by the division. In order that such licensure may be
  791  readily verified, each mobile food dispensing vehicle operator
  792  shall permanently affix in a prominent place on the side of the
  793  vehicle, in figures at least 2 inches high and in contrasting
  794  colors from the background, the operator’s public food service
  795  establishment license number. Prior to providing commissary
  796  services, each public food service establishment must verify
  797  that the license number displayed on the vehicle matches the
  798  number on the vehicle operator’s public food service
  799  establishment license.
  800         Section 9. Section 509.241, Florida Statutes, is amended to
  801  read:
  802         509.241 Licenses required; exceptions.—
  803         (1) LICENSES; ANNUAL RENEWALS.—Each public lodging
  804  establishment and public food service establishment shall obtain
  805  a license from the division. Such license may not be transferred
  806  from one place or individual to another. It shall be a
  807  misdemeanor of the second degree, punishable as provided in s.
  808  775.082 or s. 775.083, for such an establishment to operate
  809  without a license. Local law enforcement shall provide immediate
  810  assistance in pursuing an illegally operating establishment. The
  811  division may refuse a license, or a renewal thereof, to any
  812  establishment that is not constructed and maintained in
  813  accordance with law and with the rules of the division. The
  814  division may refuse to issue a license to, or renew a license
  815  of, an a renewal thereof, to any establishment, the an operator
  816  of which, within the preceding 5 years, has been adjudicated
  817  guilty of, or has forfeited a bond when charged with, any crime
  818  reflecting on professional character, including soliciting for
  819  prostitution, pandering, letting premises for prostitution,
  820  keeping a disorderly place, or illegally dealing in controlled
  821  substances as defined in chapter 893, whether in this state or
  822  in any other jurisdiction within the United States, or has had a
  823  license denied, revoked, or suspended pursuant to s. 429.14.
  824  Licenses shall be renewed annually on a staggered schedule
  825  adopted by agency rule, and the division shall adopt a rule
  826  establishing a staggered schedule for license renewals. If any
  827  license expires while administrative charges are pending against
  828  the license, the proceedings against the license shall continue
  829  to conclusion as if the license were still in effect.
  830         (2) APPLICATION FOR LICENSE.—Each person who plans to open
  831  a public lodging establishment or a public food service
  832  establishment shall apply for and receive a license from the
  833  division before prior to the commencement of operation. A
  834  condominium association, as defined in s. 718.103, which does
  835  not own any units classified as vacation rentals under s.
  836  509.242(1)(c) is not required to apply for or receive a public
  837  lodging establishment license.
  838         (3) DISPLAY OF LICENSE.—A Any license issued by the
  839  division shall be conspicuously displayed in the office or lobby
  840  of the licensed establishment. Public food service
  841  establishments which offer catering services shall display their
  842  license number on all advertising for catering services.
  843         Section 10. Subsections (2) and (4) of section 509.251,
  844  Florida Statutes, are amended to read:
  845         509.251 License fees.—
  846         (2) The division shall adopt, by rule, a schedule of fees
  847  to be paid by each public food service establishment as a
  848  prerequisite to issuance or renewal of a license. The fee
  849  schedule shall prescribe a basic fee and additional fees based
  850  on seating capacity and services offered. The aggregate fee per
  851  establishment charged any public food service establishment may
  852  not exceed $400; however, the fees described in paragraphs (a)
  853  and (b) may not be included as part of the aggregate fee subject
  854  to this cap. The fee schedule shall require an establishment
  855  which applies for an initial license to pay the full license fee
  856  if application is made during the annual renewal period or more
  857  than 6 months prior to the next such renewal period and one-half
  858  of the fee if application is made 6 months or less prior to such
  859  period. The fee schedule shall include fees collected for the
  860  purpose of funding the Hospitality Education Program, pursuant
  861  to s. 509.302, which are payable in full for each application
  862  regardless of when the application is submitted.
  863         (a) Upon making initial application or an application for
  864  change of ownership, the applicant shall pay to the division a
  865  fee as prescribed by rule, not to exceed $50, in addition to any
  866  other fees required by law, which shall cover all costs
  867  associated with initiating regulation of the establishment.
  868         (b) A license renewal filed with the division within 30
  869  days after the expiration date shall be accompanied by a
  870  delinquent fee as prescribed by rule, not to exceed $50, in
  871  addition to the renewal fee and any other fees required by law.
  872  A license renewal filed with the division more than 30 but not
  873  more than 60 days after the expiration date shall be accompanied
  874  by a delinquent fee as prescribed by rule, not to exceed $100,
  875  in addition to the renewal fee and any other fees required by
  876  law.
  877         (4) The actual costs associated with each epidemiological
  878  investigation conducted by the Department of Health in public
  879  food service establishments licensed pursuant to this chapter
  880  shall be accounted for and submitted to the division annually.
  881  The division shall journal transfer the total of all such
  882  amounts from the Hotel and Restaurant Trust Fund to the
  883  Department of Health annually; however, the total amount of such
  884  transfer may not exceed an amount equal to 5 percent of the
  885  annual public food service establishment licensure fees received
  886  by the division.
  887         Section 11. Section 509.261, Florida Statutes, is amended
  888  to read:
  889         509.261 Revocation or suspension of licenses; fines;
  890  procedure.—
  891         (1) The department may suspend or revoke the license of or
  892  refuse to issue a license pursuant to this chapter to a Any
  893  public lodging establishment or public food service
  894  establishment that has operated or is operating in violation of
  895  this chapter or division rule or that is the rules of the
  896  division, operating without a license, or operating with a
  897  suspended or revoked license. Such licensee may be required
  898  subject by the division to:
  899         (a) Pay fines not to exceed $1,000 per offense; and
  900         (b) Complete Mandatory completion, at personal expense, of
  901  a remedial educational program administered by a food safety
  902  training program provider approved by the division, as provided
  903  in s. 509.049; and
  904         (c) The suspension, revocation, or refusal of a license
  905  issued pursuant to this chapter.
  906         (2) For the purposes of this section, the division may
  907  regard as a separate offense each day or portion of a day on
  908  which an establishment is operated in violation of a “critical
  909  law or rule,” as that term is defined by rule.
  910         (3) The division shall post a prominent closed-for
  911  operation sign on any public lodging establishment or public
  912  food service establishment, the license of which has been
  913  suspended or revoked. The division shall also post such sign on
  914  any establishment judicially or administratively determined to
  915  be operating without a license. It is a misdemeanor of the
  916  second degree, punishable as provided in s. 775.082 or s.
  917  775.083, for any person to deface or remove such closed-for
  918  operation sign or for any public lodging establishment or public
  919  food service establishment to open for operation without a
  920  license or to open for operation while its license is suspended
  921  or revoked. The division may impose administrative sanctions for
  922  violations of this section.
  923         (4) All funds received by the division as satisfaction for
  924  administrative fines shall be paid into the State Treasury to
  925  the credit of the Hotel and Restaurant Trust Fund and may not
  926  subsequently be paid out of the trust fund used for payment to
  927  an any entity performing required inspections under contract
  928  with the division. Administrative fines may be used to support
  929  division programs pursuant to s. 509.302(1).
  930         (5)(a) A license may not be suspended under this section
  931  for a period of more than 12 months. When the suspension expires
  932  At the end of such period of suspension, the establishment may
  933  apply for reinstatement or renewal of the license. A public
  934  lodging establishment or public food service establishment, the
  935  license of which is revoked, may not apply for another license
  936  for that location before prior to the date on which the revoked
  937  license would have expired.
  938         (b) The division may fine, suspend, or revoke the license
  939  of any public lodging establishment or public food service
  940  establishment if the operator knowingly lets, leases, or gives
  941  space for unlawful gambling purposes or permits unlawful
  942  gambling in such establishment or in or upon any premises that
  943  which are used in connection with, and are under the same
  944  charge, control, or management as, such establishment.
  945         (6) The division may fine, suspend, or revoke the license
  946  of any public lodging establishment if or public food service
  947  establishment when:
  948         (a) A Any person with a direct financial interest in the
  949  licensed establishment, within the preceding 5 years in this or
  950  any other state, any other state, or the United States, has been
  951  adjudicated guilty of or forfeited a bond when charged with
  952  soliciting for prostitution, pandering, letting premises for
  953  prostitution, keeping a disorderly place, illegally dealing in
  954  controlled substances as defined in chapter 893, or any other
  955  crime reflecting on professional character.
  956         (b) Such establishment has been deemed an imminent danger
  957  to the public health and safety by the division or local health
  958  authority for failure to meet sanitation standards or the
  959  premises have been determined by the division or local authority
  960  to be unsafe or unfit for human occupancy.
  961         (7) Except at the discretion of the division director, a
  962  person may not be issued is not entitled to the issuance of a
  963  license to operate a for any public lodging establishment if or
  964  public food service establishment except in the discretion of
  965  the director when the division has notified the current
  966  licenseholder for such premises that administrative proceedings
  967  have been or will be brought against the such current licensee
  968  for a violation of any provision of this chapter or division
  969  rule of the division.
  970         (8) The division may fine, suspend, or revoke the license
  971  of any public lodging establishment if or public food service
  972  establishment when the establishment is not in compliance with
  973  the requirements of a final order or other administrative action
  974  issued against the licensee by the division.
  975         (9) The division may refuse to issue or renew the license
  976  of any public lodging establishment or public food service
  977  establishment until all outstanding fines are paid in full to
  978  the division as required by all final orders or other
  979  administrative action issued against the licensee by the
  980  division.
  981         Section 12. Paragraph (d) of subsection (1) of section
  982  768.136, Florida Statutes, is amended to read:
  983         768.136 Liability for canned or perishable food distributed
  984  free of charge.—
  985         (1) As used in this section:
  986         (d) “Perishable food” means any food that may spoil or
  987  otherwise become unfit for human consumption because of its
  988  nature, type, or physical condition. The term “Perishable food”
  989  includes, but is not limited to, fresh or processed meats,
  990  poultry, seafood, dairy products, bakery products, eggs in the
  991  shell, fresh fruits or vegetables, and foods that have been
  992  noncommercially packaged, that have been frozen or otherwise
  993  require refrigeration to remain nonperishable for a reasonable
  994  length of time, or that have been prepared at a public food
  995  service establishment licensed under chapter 381 509.
  996         Section 13. Section 509.036, Florida Statutes, is repealed.
  997         Section 14. This act shall take effect July 1, 2014.
  998