Florida Senate - 2015 SB 470
By Senator Sobel
33-00558-15 2015470__
1 A bill to be entitled
2 An act relating to public food service establishment
3 inspections; amending s. 509.032, F.S.; requiring a
4 report for public food service establishment
5 inspections; specifying a grading scale used in the
6 inspection report; authorizing a public food service
7 establishment to request a reinspection under certain
8 circumstances; authorizing the Department of Health to
9 increase inspections and charge a reasonable fee for
10 such inspections for repeat offenses; requiring a
11 public food service establishment to immediately post
12 a letter grade card, maintain a copy of the most
13 recent inspection report, and make such report
14 available to the public upon request; requiring the
15 department to establish a toll-free hotline for
16 complaints; requiring the department to establish a
17 consumer advocate position; authorizing a health
18 inspector to immediately close a public food service
19 establishment under certain circumstances; amending s.
20 509.233, F.S.; conforming a cross-reference; providing
21 an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Subsections (1) and (2) of section 509.032,
26 Florida Statutes, are amended, present subsections (3) through
27 (7) of that section are redesignated as subsections (4) through
28 (8), respectively, and a new subsection (3) is added to that
29 section, to read:
30 509.032 Duties.—
31 (1) GENERAL.—
32 (a) The division shall perform its duties under carry out
33 all of the provisions of this chapter and all other applicable
34 laws and rules relating to the inspection or regulation of
35 public lodging establishments and public food service
36 establishments for the purpose of safeguarding the public
37 health, safety, and welfare. The division shall be responsible
38 for ascertaining that an operator licensed under this chapter
39 does not engage in any misleading advertising or unethical
40 practices. For purposes of performing required inspections and
41 the enforcement of this chapter, the division has the right of
42 entry and access to public lodging establishments and public
43 food service establishments at any reasonable time.
44 (b) The division may not establish by rule any regulation
45 governing the design, construction, erection, alteration,
46 modification, repair, or demolition of any public lodging
47 establishment or public food service establishment. It is the
48 intent of the Legislature to preempt that function to the
49 Florida Building Commission and the State Fire Marshal through
50 adoption and maintenance of the Florida Building Code and the
51 Florida Fire Prevention Code. The division shall provide
52 technical assistance to the commission in updating the
53 construction standards of the Florida Building Code which govern
54 public lodging establishments and public food service
55 establishments. Further, the division shall enforce the
56 provisions of the Florida Building Code which apply to public
57 lodging establishments and public food service establishments in
58 conducting any inspections authorized under this part. The
59 division, or its agent, shall notify the local fire safety
60 authority or the State Fire Marshal of any readily observable
61 violation of a rule adopted under chapter 633 which relates to
62 public lodging establishments or public food establishments. The
63 identification of such violation does not require a fire safety
64 inspection certification.
65 (c)1. Relating to facility plan approvals, the division may
66 establish, by rule, fees for conducting plan reviews and may
67 grant, in hardship cases, variances from construction standards
68 which are less restrictive than those specified in this section
69 or the rules adopted thereunder. A variance may not be granted
70 pursuant to this section until the division is satisfied that:
71 a. The variance will not adversely affect the health of the
72 public.
73 b. No reasonable alternative to the required construction
74 exists.
75 c. The hardship was not caused intentionally by the action
76 of the applicant.
77 2. The division’s advisory council shall review
78 applications for variances and recommend agency action. The
79 division shall expedite emergency requests for variances to
80 ensure that such requests are acted upon within 30 days of
81 receipt.
82 3. The division shall establish, by rule, a fee for the
83 cost of the variance process. Such fee may not exceed $150 for
84 routine variance requests and $300 for emergency variance
85 requests.
86 (2) PUBLIC LODGING ESTABLISHMENT INSPECTION OF PREMISES.—
87 (a) The division has jurisdiction and is responsible for
88 all inspections of public lodging establishments conducted under
89 required by this chapter. The division is responsible for
90 quality assurance. The division shall inspect each licensed
91 public lodging establishment at least biannually, except for
92 transient and nontransient apartments, which shall be inspected
93 at least annually. Each establishment licensed by the division
94 shall be inspected at such other times as the division
95 determines is necessary to ensure the public public’s health,
96 safety, and welfare. The division shall, by no later than July
97 1, 2014, adopt by rule a risk-based inspection frequency for
98 each licensed public food service establishment. The rule must
99 require at least one, but not more than four, routine
100 inspections that must be performed annually, and may include
101 guidelines that consider the inspection and compliance history
102 of a public food service establishment, the type of food and
103 food preparation, and the type of service. The division shall
104 annually reassess the inspection frequency of all licensed
105 public food service establishments. Public lodging units
106 classified as vacation rentals or timeshare projects are exempt
107 from not subject to this requirement but shall be made available
108 to the division upon request. If, during the inspection of a
109 public lodging establishment classified for renting to transient
110 or nontransient tenants, an inspector identifies vulnerable
111 adults who appear to be victims of neglect, as defined in s.
112 415.102, or, in the case of a building that is not equipped with
113 automatic sprinkler systems, tenants or clients who may be
114 unable to self-preserve in an emergency, the division shall
115 convene meetings to develop a plan that improves the prospects
116 for safety of affected residents and, if necessary, identifies
117 alternative living arrangements, such as facilities licensed
118 under part II of chapter 400 or under chapter 429. The meetings
119 shall include representatives of with the following agencies as
120 appropriate to the individual situation: the Department of
121 Health, the Department of Elderly Affairs, the area agency on
122 aging, the local fire marshal, the landlord and affected tenants
123 and clients, and other relevant organizations, to develop a plan
124 that improves the prospects for safety of affected residents
125 and, if necessary, identifies alternative living arrangements
126 such as facilities licensed under part II of chapter 400 or
127 under chapter 429.
128 (b) For purposes of performing required inspections and the
129 enforcement of this chapter, the division has the right of entry
130 and access to public lodging establishments and public food
131 service establishments at any reasonable time.
132 (c) Public food service establishment inspections shall be
133 conducted to enforce provisions of this part and to educate,
134 inform, and promote cooperation between the division and the
135 establishment.
136 (d) The division shall adopt and enforce sanitation rules
137 consistent with law to ensure the protection of the public from
138 food-borne illness in those establishments licensed under this
139 chapter. These rules shall provide the standards and
140 requirements for obtaining, storing, preparing, processing,
141 serving, or displaying food in public food service
142 establishments, approving public food service establishment
143 facility plans, conducting necessary public food service
144 establishment inspections for compliance with sanitation
145 regulations, cooperating and coordinating with the Department of
146 Health in epidemiological investigations, and initiating
147 enforcement actions, and for other such responsibilities deemed
148 necessary by the division. The division may not establish by
149 rule any regulation governing the design, construction,
150 erection, alteration, modification, repair, or demolition of any
151 public lodging or public food service establishment. It is the
152 intent of the Legislature to preempt that function to the
153 Florida Building Commission and the State Fire Marshal through
154 adoption and maintenance of the Florida Building Code and the
155 Florida Fire Prevention Code. The division shall provide
156 technical assistance to the commission in updating the
157 construction standards of the Florida Building Code which govern
158 public lodging and public food service establishments. Further,
159 the division shall enforce the provisions of the Florida
160 Building Code which apply to public lodging and public food
161 service establishments in conducting any inspections authorized
162 by this part. The division, or its agent, shall notify the local
163 firesafety authority or the State Fire Marshal of any readily
164 observable violation of a rule adopted under chapter 633 which
165 relates to public lodging establishments or public food
166 establishments, and the identification of such violation does
167 not require any firesafety inspection certification.
168 (e)1. Relating to facility plan approvals, the division may
169 establish, by rule, fees for conducting plan reviews and may
170 grant variances from construction standards in hardship cases,
171 which variances may be less restrictive than the provisions
172 specified in this section or the rules adopted under this
173 section. A variance may not be granted pursuant to this section
174 until the division is satisfied that:
175 a. The variance shall not adversely affect the health of
176 the public.
177 b. No reasonable alternative to the required construction
178 exists.
179 c. The hardship was not caused intentionally by the action
180 of the applicant.
181 2. The division’s advisory council shall review
182 applications for variances and recommend agency action. The
183 division shall make arrangements to expedite emergency requests
184 for variances, to ensure that such requests are acted upon
185 within 30 days of receipt.
186 3. The division shall establish, by rule, a fee for the
187 cost of the variance process. Such fee shall not exceed $150 for
188 routine variance requests and $300 for emergency variance
189 requests.
190 (b)(f) In conducting inspections of an establishment
191 establishments licensed under this chapter, the division shall
192 determine whether if each coin-operated amusement machine that
193 is operated on the premises of a licensed establishment is
194 properly registered with the Department of Revenue. Each month
195 the division shall report to the Department of Revenue the sales
196 tax registration number of the operator of any licensed
197 establishment that has on its premises location a coin-operated
198 amusement machine and that does not have an identifying
199 certificate conspicuously displayed as required by s.
200 212.05(1)(h).
201 (g) In inspecting public food service establishments, the
202 department shall provide each inspected establishment with the
203 food-recovery brochure developed under s. 595.420.
204 (3) PUBLIC FOOD SERVICE ESTABLISHMENT INSPECTION.—
205 (a) The division has jurisdiction and is responsible for
206 all inspections of public food service establishments conducted
207 under this chapter. The division is responsible for quality
208 assurance. The division shall inspect each public food service
209 establishment as often as necessary to ensure compliance with
210 applicable laws and rules and at such other times as the
211 division determines necessary to ensure the public health,
212 safety, and welfare. The division shall conduct public food
213 service establishment inspections to enforce the provisions of
214 this part and also to educate and inform the establishments, and
215 to promote cooperation between such establishments and the
216 division.
217 (b) The division shall adopt and enforce sanitation rules
218 to ensure the protection of the public from food-borne illnesses
219 in establishments regulated under this chapter. These rules
220 shall provide the standards and requirements for obtaining,
221 storing, preparing, processing, serving, and displaying food in
222 public food service establishments, approving public food
223 service establishment facility plans, conducting necessary
224 public food service establishment inspections for compliance
225 with sanitation requirements, cooperating and coordinating with
226 the Department of Health in epidemiological investigations,
227 initiating enforcement actions, and for administering other such
228 responsibilities as deemed necessary by the division.
229 (c) The division shall adopt by rule a risk-based
230 inspection frequency for each licensed public food service
231 establishment. The rule must require at least one, but not more
232 than four, routine inspections that must be performed annually,
233 and may include guidelines that consider the inspection and
234 compliance history of a public food service establishment, the
235 type of food and food preparation, and the type of service. The
236 division shall annually reassess the inspection frequency of all
237 licensed public food service establishments.
238 (d) Upon completion of an inspection of an establishment
239 under this section, the public food service establishment
240 inspector shall produce a written report and assign a numerical
241 score based on his or her findings. Critical and noncritical
242 violations shall be assigned a point value, which shall be
243 subtracted from a maximum score of 100 points. The inspector
244 shall assign one of the following letter grades to the public
245 food service establishment:
246 1. An “A” grade, which indicates that the establishment is
247 in good operating condition and received a numerical score of at
248 least 90 points. The inspector may have observed low-risk health
249 and safety violations during the course of the inspection but
250 did not observe more than one noncritical or critical violation.
251 2. A “B” grade, which indicates that the establishment is
252 in adequate operating condition and received a numerical score
253 of at least 86 points but not more than 89 points. The inspector
254 must have observed one or more noncritical violations, but did
255 not observe more than one critical violation.
256 3. A “C” grade, which indicates that the establishment
257 needs improvement and received a numerical score of at least 71
258 points but not more than 85 points. The inspector must have
259 observed more than one noncritical violation and more than one
260 critical violation.
261 4. A “U” grade, which indicates that the establishment is
262 in poor operating condition and received a numerical score of 70
263 or fewer points. The inspector must have observed three or more
264 noncritical violations and more than three critical violations.
265 (e)1. The operator of a public food service establishment
266 that fails to achieve a letter grade of “A” upon initial
267 inspection under this subsection may request a reinspection from
268 the division, for which the division may charge a reasonable
269 fee.
270 a. Requests for reinspection must be made within 14 days
271 after the initial inspection. The resulting grade is final
272 unless a hearing is requested.
273 b. Within 7 days after the reinspection, an operator of a
274 public food service establishment may submit a written request
275 for a hearing to contest the assigned letter grade received
276 during the reinspection and request an additional inspection.
277 2. The division may increase the frequency of inspections
278 for a public food service establishment that fails to achieve a
279 letter grade of “B” or higher during an initial or subsequent
280 inspection under this subsection.
281 (f)1. A public food service establishment shall at all
282 times post its current letter grade card in a front window; in a
283 display case on an outside wall within 5 feet of the front door;
284 on a drive-through menu board, if it operates a drive-through
285 window; or on a menu board at a market or deli. Failure to post
286 the letter grade card or an attempt to hide, camouflage, or
287 remove the letter grade card may result in a fine and the
288 suspension of the establishment’s license. The division shall
289 post the inspection report on the Department of Business and
290 Professional Regulation website in a form searchable by
291 establishment name, critical violations, noncritical violations,
292 letter grade, and type of 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 the premises and shall make it available to the public upon
296 request. If an operator has requested a reinspection, he or she
297 may inform the public that the current inspection results are
298 under review and that reinspection results may be obtained from
299 the division.
300 3. The division shall establish a toll-free telephone
301 hotline that allows an operator to file a complaint regarding an
302 inspection, and the number of the hotline shall be included in a
303 pamphlet provided by the division that explains the inspection
304 process.
305 4. The division shall appoint a consumer advocate to
306 represent the health and safety of the general public in issues
307 regarding public food service establishments.
308 (g) An inspector may, in his or her discretion, immediately
309 close a public food service establishment that fails to achieve
310 a letter grade of “C” or higher.
311 (h) In conducting inspections of an establishment licensed
312 under this chapter, the division shall determine whether each
313 coin-operated amusement machine that is operated on the premises
314 is properly registered with the Department of Revenue. Each
315 month the division shall report to the Department of Revenue the
316 sales tax registration number of the operator of any licensed
317 establishment that has on its premises a coin-operated amusement
318 machine that does not have an identifying certificate
319 conspicuously displayed as required by s. 212.05(1)(h).
320 (i) When inspecting public food service establishments, the
321 division shall provide each inspected establishment with the
322 food recovery brochure developed under s. 595.420.
323 Section 2. Subsection (1) of Section 509.233, Florida
324 Statutes, is amended to read:
325 509.233 Public food service establishment requirements;
326 local exemption for dogs in designated outdoor portions.—
327 (1) LOCAL EXEMPTION AUTHORIZED.—Notwithstanding s.
328 509.032(8) s. 509.032(7), the governing body of a local
329 government may establish, by ordinance, a local exemption
330 procedure to certain provisions of the Food and Drug
331 Administration Food Code, as currently adopted by the division,
332 in order to allow patrons’ dogs within certain designated
333 outdoor portions of public food service establishments.
334 Section 3. This act shall take effect July 1, 2015.