Florida Senate - 2016                              CS for SB 706
       
       
        
       By the Committee on Regulated Industries; and Senator Altman
       
       580-03280-16                                           2016706c1
    1                        A bill to be entitled                      
    2         An act relating to culinary education programs;
    3         amending s. 381.0072, F.S.; providing for the
    4         applicability of Department of Health sanitation rules
    5         to a licensed culinary education program; defining the
    6         term “culinary education program”; including certain
    7         culinary education programs under the term “food
    8         service establishment” and providing for the
    9         applicability of food service protection requirements
   10         thereto; conforming provisions to changes made by the
   11         act; amending s. 509.013, F.S.; revising the term
   12         “public food service establishment” to include a
   13         culinary education program; amending s. 561.20, F.S.;
   14         authorizing a culinary education program with a public
   15         food service establishment license to obtain an
   16         alcoholic beverage license under certain conditions;
   17         authorizing the Division of Alcoholic Beverages and
   18         Tobacco to adopt rules to administer such licenses;
   19         providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 381.0072, Florida Statutes, is amended
   24  to read:
   25         381.0072 Food service protection.—
   26         (1) DEPARTMENT OF HEALTH; SANITATION RULES.—
   27         (a) It shall be the duty of the Department of Health to
   28  adopt and enforce sanitation rules consistent with law to ensure
   29  the protection of the public from food-borne illness. These
   30  rules shall provide the standards and requirements for the
   31  storage, preparation, serving, or display of food in food
   32  service establishments as defined in this section and which are
   33  not permitted or licensed under chapter 500 or chapter 509.
   34         (b) A food service establishment is subject to the
   35  sanitation rules adopted and enforced by the department. This
   36  section does not apply to a food service establishment permitted
   37  or licensed under chapter 500 or chapter 509 unless the food
   38  service establishment is a culinary education program licensed
   39  under chapter 509.
   40         (2)(1) DEFINITIONS.—As used in this section, the term:
   41         (a) “Culinary education program” means a program that:
   42         1. Educates enrolled students in the culinary arts,
   43  including the preparation, cooking, and presentation of food, or
   44  provides education and experience in culinary arts-related
   45  businesses;
   46         2. Is provided by:
   47         a. A state university as defined in s. 1000.21;
   48         b. A Florida College System institution as defined in s.
   49  1000.21;
   50         c. A career center as provided for in s. 1001.44;
   51         d. A charter technical career center as defined in s.
   52  1002.34;
   53         e. A nonprofit independent college or university that is
   54  located and chartered in this state and accredited by the
   55  Commission on Colleges of the Southern Association of Colleges
   56  and Schools to grant baccalaureate degrees, that is under the
   57  jurisdiction of the Department of Education, and that is
   58  eligible to participate in the William L. Boyd, IV, Florida
   59  Resident Access Grant Program; or
   60         f. A nonpublic postsecondary educational institution
   61  licensed pursuant to part III of chapter 1005; and
   62         3. Is inspected by any state agency or agencies for
   63  compliance with sanitation standards.
   64         (b)(a) “Department” means the Department of Health or its
   65  representative county health department.
   66         (c)(b) “Food service establishment” means detention
   67  facilities, public or private schools, migrant labor camps,
   68  assisted living facilities, facilities participating in the
   69  United States Department of Agriculture Afterschool Meal Program
   70  that are located at a facility or site that is not inspected by
   71  another state agency for compliance with sanitation standards,
   72  adult family-care homes, adult day care centers, short-term
   73  residential treatment centers, residential treatment facilities,
   74  homes for special services, transitional living facilities,
   75  crisis stabilization units, hospices, prescribed pediatric
   76  extended care centers, intermediate care facilities for persons
   77  with developmental disabilities, boarding schools, civic or
   78  fraternal organizations, bars and lounges, vending machines that
   79  dispense potentially hazardous foods at facilities expressly
   80  named in this paragraph, and facilities used as temporary food
   81  events or mobile food units at any facility expressly named in
   82  this paragraph, where food is prepared and intended for
   83  individual portion service, including the site at which
   84  individual portions are provided, regardless of whether
   85  consumption is on or off the premises and regardless of whether
   86  there is a charge for the food. The term includes a culinary
   87  education program where food is prepared and intended for
   88  individual portion service, regardless of whether there is a
   89  charge for the food or whether the program is inspected by
   90  another state agency for compliance with sanitation standards.
   91  The term does not include any entity not expressly named in this
   92  paragraph; nor does the term include a domestic violence center
   93  certified by the Department of Children and Families and
   94  monitored by the Florida Coalition Against Domestic Violence
   95  under part XII of chapter 39 if the center does not prepare and
   96  serve food to its residents and does not advertise food or drink
   97  for public consumption.
   98         (d)(c) “Operator” means the owner, operator, keeper,
   99  proprietor, lessee, manager, assistant manager, agent, or
  100  employee of a food service establishment.
  101         (3)(2) DUTIES.—
  102         (a) The department may advise and consult with the Agency
  103  for Health Care Administration, the Department of Business and
  104  Professional Regulation, the Department of Agriculture and
  105  Consumer Services, and the Department of Children and Families
  106  concerning procedures related to the storage, preparation,
  107  serving, or display of food at any building, structure, or
  108  facility not expressly included in this section that is
  109  inspected, licensed, or regulated by those agencies.
  110         (b) The department shall adopt rules, including definitions
  111  of terms which are consistent with law prescribing minimum
  112  sanitation standards and manager certification requirements as
  113  prescribed in s. 509.039, and which shall be enforced in food
  114  service establishments as defined in this section. The
  115  sanitation standards must address the construction, operation,
  116  and maintenance of the establishment; lighting, ventilation,
  117  laundry rooms, lockers, use and storage of toxic materials and
  118  cleaning compounds, and first-aid supplies; plan review; design,
  119  construction, installation, location, maintenance, sanitation,
  120  and storage of food equipment and utensils; employee training,
  121  health, hygiene, and work practices; food supplies, preparation,
  122  storage, transportation, and service, including access to the
  123  areas where food is stored or prepared; and sanitary facilities
  124  and controls, including water supply and sewage disposal;
  125  plumbing and toilet facilities; garbage and refuse collection,
  126  storage, and disposal; and vermin control. Public and private
  127  schools, if the food service is operated by school employees,
  128  bars and lounges, civic organizations, and any other facility
  129  that is not regulated under this section are exempt from the
  130  rules developed for manager certification. The department shall
  131  administer a comprehensive inspection, monitoring, and sampling
  132  program to ensure such standards are maintained. With respect to
  133  food service establishments permitted or licensed under chapter
  134  500 or chapter 509, the department shall assist the Division of
  135  Hotels and Restaurants of the Department of Business and
  136  Professional Regulation and the Department of Agriculture and
  137  Consumer Services with rulemaking by providing technical
  138  information.
  139         (c) The department shall carry out all provisions of this
  140  chapter and all other applicable laws and rules relating to the
  141  inspection or regulation of food service establishments as
  142  defined in this section, for the purpose of safeguarding the
  143  public’s health, safety, and welfare.
  144         (d) The department shall inspect each food service
  145  establishment as often as necessary to ensure compliance with
  146  applicable laws and rules. The department shall have the right
  147  of entry and access to these food service establishments at any
  148  reasonable time. In inspecting food service establishments under
  149  this section, the department shall provide each inspected
  150  establishment with the food recovery brochure developed under s.
  151  595.420.
  152         (e) The department or other appropriate regulatory entity
  153  may inspect theaters exempted in subsection (1) to ensure
  154  compliance with applicable laws and rules pertaining to minimum
  155  sanitation standards. A fee for inspection shall be prescribed
  156  by rule, but the aggregate amount charged per year per theater
  157  establishment shall not exceed $300, regardless of the entity
  158  providing the inspection.
  159         (4)(3) LICENSES REQUIRED.—
  160         (a) Licenses; annual renewals.—Each food service
  161  establishment regulated under this section shall obtain a
  162  license from the department annually. Food service establishment
  163  licenses shall expire annually and are not transferable from one
  164  place or individual to another. However, those facilities
  165  licensed by the department’s Office of Licensure and
  166  Certification, the Child Care Services Program Office, or the
  167  Agency for Persons with Disabilities are exempt from this
  168  subsection. It shall be a misdemeanor of the second degree,
  169  punishable as provided in s. 381.0061, s. 775.082, or s.
  170  775.083, for such an establishment to operate without this
  171  license. The department may refuse a license, or a renewal
  172  thereof, to any establishment that is not constructed or
  173  maintained in accordance with law and with the rules of the
  174  department. Annual application for renewal is not required.
  175         (b) Application for license.—Each person who plans to open
  176  a food service establishment regulated under this section and
  177  not regulated under chapter 500 or chapter 509 shall apply for
  178  and receive a license prior to the commencement of operation.
  179         (5)(4) LICENSE; INSPECTION; FEES.—
  180         (a) The department is authorized to collect fees from
  181  establishments licensed under this section and from those
  182  facilities exempted from licensure under paragraph (4)(a)
  183  (3)(a). It is the intent of the Legislature that the total fees
  184  assessed under this section be in an amount sufficient to meet
  185  the cost of carrying out the provisions of this section.
  186         (b) The fee schedule for food service establishments
  187  licensed under this section shall be prescribed by rule, but the
  188  aggregate license fee per establishment shall not exceed $300.
  189         (c) The license fees shall be prorated on a quarterly
  190  basis. Annual licenses shall be renewed as prescribed by rule.
  191         (6)(5) FINES; SUSPENSION OR REVOCATION OF LICENSES;
  192  PROCEDURE.—
  193         (a) The department may impose fines against the
  194  establishment or operator regulated under this section for
  195  violations of sanitary standards, in accordance with s.
  196  381.0061. All amounts collected shall be deposited to the credit
  197  of the County Health Department Trust Fund administered by the
  198  department.
  199         (b) The department may suspend or revoke the license of any
  200  food service establishment licensed under this section that has
  201  operated or is operating in violation of any of the provisions
  202  of this section or the rules adopted under this section. Such
  203  food service establishment shall remain closed when its license
  204  is suspended or revoked.
  205         (c) The department may suspend or revoke the license of any
  206  food service establishment licensed under this section when such
  207  establishment has been deemed by the department to be an
  208  imminent danger to the public’s health for failure to meet
  209  sanitation standards or other applicable regulatory standards.
  210         (d) No license shall be suspended under this section for a
  211  period of more than 12 months. At the end of such period of
  212  suspension, the establishment may apply for reinstatement or
  213  renewal of the license. A food service establishment which has
  214  had its license revoked may not apply for another license for
  215  that location prior to the date on which the revoked license
  216  would have expired.
  217         (7)(6) IMMINENT DANGERS; STOP-SALE ORDERS.—
  218         (a) In the course of epidemiological investigations or for
  219  those establishments regulated by the department under this
  220  chapter, the department, to protect the public from food that is
  221  unwholesome or otherwise unfit for human consumption, may
  222  examine, sample, seize, and stop the sale or use of food to
  223  determine its condition. The department may stop the sale and
  224  supervise the proper destruction of food when the State Health
  225  Officer or his or her designee determines that such food
  226  represents a threat to the public health.
  227         (b) The department may determine that a food service
  228  establishment regulated under this section is an imminent danger
  229  to the public health and require its immediate closure when such
  230  establishment fails to comply with applicable sanitary and
  231  safety standards and, because of such failure, presents an
  232  imminent threat to the public’s health, safety, and welfare. The
  233  department may accept inspection results from state and local
  234  building and firesafety officials and other regulatory agencies
  235  as justification for such actions. Any facility so deemed and
  236  closed shall remain closed until allowed by the department or by
  237  judicial order to reopen.
  238         (8)(7) MISREPRESENTING FOOD OR FOOD PRODUCTS.—No operator
  239  of any food service establishment regulated under this section
  240  shall knowingly and willfully misrepresent the identity of any
  241  food or food product to any of the patrons of such
  242  establishment. Food used by food establishments shall be
  243  identified, labeled, and advertised in accordance with the
  244  provisions of chapter 500.
  245         Section 2. Paragraph (a) of subsection (5) of section
  246  509.013, Florida Statutes, is amended to read:
  247         509.013 Definitions.—As used in this chapter, the term:
  248         (5)(a) “Public food service establishment” means any
  249  building, vehicle, place, or structure, or any room or division
  250  in a building, vehicle, place, or structure where food is
  251  prepared, served, or sold for immediate consumption on or in the
  252  vicinity of the premises; called for or taken out by customers;
  253  or prepared prior to being delivered to another location for
  254  consumption. The term includes a culinary education program, as
  255  defined in s. 381.0072(2), which offers, prepares, serves, or
  256  sells food to the general public, regardless of whether it is
  257  inspected by another state agency for compliance with sanitation
  258  standards.
  259         Section 3. Paragraph (a) of subsection (2) of section
  260  561.20, Florida Statutes, is amended to read:
  261         561.20 Limitation upon number of licenses issued.—
  262         (2)(a) No such limitation of the number of licenses as
  263  herein provided shall henceforth prohibit the issuance of a
  264  special license to:
  265         1. Any bona fide hotel, motel, or motor court of not fewer
  266  than 80 guest rooms in any county having a population of less
  267  than 50,000 residents, and of not fewer than 100 guest rooms in
  268  any county having a population of 50,000 residents or greater;
  269  or any bona fide hotel or motel located in a historic structure,
  270  as defined in s. 561.01(21), with fewer than 100 guest rooms
  271  which derives at least 51 percent of its gross revenue from the
  272  rental of hotel or motel rooms, which is licensed as a public
  273  lodging establishment by the Division of Hotels and Restaurants;
  274  provided, however, that a bona fide hotel or motel with no fewer
  275  than 10 and no more than 25 guest rooms which is a historic
  276  structure, as defined in s. 561.01(21), in a municipality that
  277  on the effective date of this act has a population, according to
  278  the University of Florida’s Bureau of Economic and Business
  279  Research Estimates of Population for 1998, of no fewer than
  280  25,000 and no more than 35,000 residents and that is within a
  281  constitutionally chartered county may be issued a special
  282  license. This special license shall allow the sale and
  283  consumption of alcoholic beverages only on the licensed premises
  284  of the hotel or motel. In addition, the hotel or motel must
  285  derive at least 60 percent of its gross revenue from the rental
  286  of hotel or motel rooms and the sale of food and nonalcoholic
  287  beverages; provided that the provisions of this subparagraph
  288  shall supersede local laws requiring a greater number of hotel
  289  rooms;
  290         2. Any condominium accommodation of which no fewer than 100
  291  condominium units are wholly rentable to transients and which is
  292  licensed under the provisions of chapter 509, except that the
  293  license shall be issued only to the person or corporation which
  294  operates the hotel or motel operation and not to the association
  295  of condominium owners;
  296         3. Any condominium accommodation of which no fewer than 50
  297  condominium units are wholly rentable to transients, which is
  298  licensed under the provisions of chapter 509, and which is
  299  located in any county having home rule under s. 10 or s. 11,
  300  Art. VIII of the State Constitution of 1885, as amended, and
  301  incorporated by reference in s. 6(e), Art. VIII of the State
  302  Constitution, except that the license shall be issued only to
  303  the person or corporation which operates the hotel or motel
  304  operation and not to the association of condominium owners;
  305         4. Any restaurant having 2,500 square feet of service area
  306  and equipped to serve 150 persons full course meals at tables at
  307  one time, and deriving at least 51 percent of its gross revenue
  308  from the sale of food and nonalcoholic beverages; however, no
  309  restaurant granted a special license on or after January 1,
  310  1958, pursuant to general or special law shall operate as a
  311  package store, nor shall intoxicating beverages be sold under
  312  such license after the hours of serving food have elapsed; or
  313         5. Any caterer, deriving at least 51 percent of its gross
  314  revenue from the sale of food and nonalcoholic beverages,
  315  licensed by the Division of Hotels and Restaurants under chapter
  316  509. This subparagraph does not apply to a culinary education
  317  program, as defined in s. 381.0072(2), which is licensed as a
  318  public food service establishment by the Division of Hotels and
  319  Restaurants and provides catering services. Notwithstanding any
  320  other provision of law to the contrary, a licensee under this
  321  subparagraph shall sell or serve alcoholic beverages only for
  322  consumption on the premises of a catered event at which the
  323  licensee is also providing prepared food, and shall prominently
  324  display its license at any catered event at which the caterer is
  325  selling or serving alcoholic beverages. A licensee under this
  326  subparagraph shall purchase all alcoholic beverages it sells or
  327  serves at a catered event from a vendor licensed under s.
  328  563.02(1), s. 564.02(1), or licensed under s. 565.02(1) subject
  329  to the limitation imposed in subsection (1), as appropriate. A
  330  licensee under this subparagraph may not store any alcoholic
  331  beverages to be sold or served at a catered event. Any alcoholic
  332  beverages purchased by a licensee under this subparagraph for a
  333  catered event that are not used at that event must remain with
  334  the customer; provided that if the vendor accepts unopened
  335  alcoholic beverages, the licensee may return such alcoholic
  336  beverages to the vendor for a credit or reimbursement.
  337  Regardless of the county or counties in which the licensee
  338  operates, a licensee under this subparagraph shall pay the
  339  annual state license tax set forth in s. 565.02(1)(b). A
  340  licensee under this subparagraph must maintain for a period of 3
  341  years all records required by the department by rule to
  342  demonstrate compliance with the requirements of this
  343  subparagraph, including licensed vendor receipts for the
  344  purchase of alcoholic beverages and records identifying each
  345  customer and the location and date of each catered event.
  346  Notwithstanding any provision of law to the contrary, any vendor
  347  licensed under s. 565.02(1) subject to the limitation imposed in
  348  subsection (1), may, without any additional licensure under this
  349  subparagraph, serve or sell alcoholic beverages for consumption
  350  on the premises of a catered event at which prepared food is
  351  provided by a caterer licensed under chapter 509. If a licensee
  352  under this subparagraph also possesses any other license under
  353  the Beverage Law, the license issued under this subparagraph
  354  shall not authorize the holder to conduct activities on the
  355  premises to which the other license or licenses apply that would
  356  otherwise be prohibited by the terms of that license or the
  357  Beverage Law. Nothing in this section shall permit the licensee
  358  to conduct activities that are otherwise prohibited by the
  359  Beverage Law or local law. The Division of Alcoholic Beverages
  360  and Tobacco is hereby authorized to adopt rules to administer
  361  the license created in this subparagraph, to include rules
  362  governing licensure, recordkeeping, and enforcement. The first
  363  $300,000 in fees collected by the division each fiscal year
  364  pursuant to this subparagraph shall be deposited in the
  365  Department of Children and Families’ Operations and Maintenance
  366  Trust Fund to be used only for alcohol and drug abuse education,
  367  treatment, and prevention programs. The remainder of the fees
  368  collected shall be deposited into the Hotel and Restaurant Trust
  369  Fund created pursuant to s. 509.072.
  370         6. A culinary education program, as defined in s.
  371  381.0072(2), which is licensed as a public food service
  372  establishment by the Division of Hotels and Restaurants.
  373         a. This special license shall allow the sale and
  374  consumption of alcoholic beverages on the licensed premises of
  375  the culinary education program. The culinary education program
  376  shall specify designated areas in the facility where the
  377  alcoholic beverages may be consumed at the time of application.
  378  Alcoholic beverages sold for consumption on the premises may be
  379  consumed only in areas designated pursuant to s. 561.01(11) and
  380  may not be removed from the designated area. Such license shall
  381  be applicable only in and for designated areas used by the
  382  culinary education program.
  383         b. If the culinary education program provides catering
  384  services, this special license shall also allow the sale and
  385  consumption of alcoholic beverages on the premises of a catered
  386  event at which the licensee is also providing prepared food. A
  387  culinary education program that provides catering services is
  388  not required to derive at least 51 percent of its gross revenue
  389  from the sale of food and nonalcoholic beverages.
  390  Notwithstanding any other provision of law to the contrary, a
  391  licensee that provides catering services under this sub
  392  subparagraph shall prominently display its beverage license at
  393  any catered event at which the caterer is selling or serving
  394  alcoholic beverages. Regardless of the county or counties in
  395  which the licensee operates, a licensee under this sub
  396  subparagraph shall pay the annual state license tax set forth in
  397  s. 565.02(1)(b). A licensee under this sub-subparagraph must
  398  maintain for a period of 3 years all records required by the
  399  department by rule to demonstrate compliance with the
  400  requirements of this sub-subparagraph.
  401         c. If a licensee under this subparagraph also possesses any
  402  other license under the Beverage Law, the license issued under
  403  this subparagraph does not authorize the holder to conduct
  404  activities on the premises to which the other license or
  405  licenses apply that would otherwise be prohibited by the terms
  406  of that license or the Beverage Law. This subparagraph does not
  407  permit the licensee to conduct activities that are otherwise
  408  prohibited by the Beverage Law or local law. Any culinary
  409  education program that holds a license to sell alcoholic
  410  beverages shall comply with the age requirements set forth in
  411  ss. 562.11(4), 562.111(2), and 562.13.
  412         d. The Division of Alcoholic Beverages and Tobacco may
  413  adopt rules to administer the license created in this
  414  subparagraph, to include rules governing licensure,
  415  recordkeeping, and enforcement.
  416         e. A license issued pursuant to this subparagraph does not
  417  permit the licensee to sell alcoholic beverages by the package
  418  for off-premises consumption.
  419  
  420  However, any license heretofore issued to any such hotel, motel,
  421  motor court, or restaurant or hereafter issued to any such
  422  hotel, motel, or motor court, including a condominium
  423  accommodation, under the general law shall not be moved to a new
  424  location, such license being valid only on the premises of such
  425  hotel, motel, motor court, or restaurant. Licenses issued to
  426  hotels, motels, motor courts, or restaurants under the general
  427  law and held by such hotels, motels, motor courts, or
  428  restaurants on May 24, 1947, shall be counted in the quota
  429  limitation contained in subsection (1). Any license issued for
  430  any hotel, motel, or motor court under the provisions of this
  431  law shall be issued only to the owner of the hotel, motel, or
  432  motor court or, in the event the hotel, motel, or motor court is
  433  leased, to the lessee of the hotel, motel, or motor court; and
  434  the license shall remain in the name of the owner or lessee so
  435  long as the license is in existence. Any special license now in
  436  existence heretofore issued under the provisions of this law
  437  cannot be renewed except in the name of the owner of the hotel,
  438  motel, motor court, or restaurant or, in the event the hotel,
  439  motel, motor court, or restaurant is leased, in the name of the
  440  lessee of the hotel, motel, motor court, or restaurant in which
  441  the license is located and must remain in the name of the owner
  442  or lessee so long as the license is in existence. Any license
  443  issued under this section shall be marked “Special,” and nothing
  444  herein provided shall limit, restrict, or prevent the issuance
  445  of a special license for any restaurant or motel which shall
  446  hereafter meet the requirements of the law existing immediately
  447  prior to the effective date of this act, if construction of such
  448  restaurant has commenced prior to the effective date of this act
  449  and is completed within 30 days thereafter, or if an application
  450  is on file for such special license at the time this act takes
  451  effect; and any such licenses issued under this proviso may be
  452  annually renewed as now provided by law. Nothing herein prevents
  453  an application for transfer of a license to a bona fide
  454  purchaser of any hotel, motel, motor court, or restaurant by the
  455  purchaser of such facility or the transfer of such license
  456  pursuant to law.
  457         Section 4. This act shall take effect July 1, 2016.
  458