Florida Senate - 2021 SB 1400 By Senator Thurston 33-01069-21 20211400__ 1 A bill to be entitled 2 An act relating to public food service establishment 3 inspection scores; amending s. 509.032, F.S.; 4 requiring the Division of Hotels and Restaurants of 5 the Department of Business and Professional Regulation 6 to assign a numerical score for certain required 7 inspections; requiring the division to create a rating 8 system that assigns a numerical score to public food 9 service establishments based on findings of routine 10 inspections; requiring such score and a list of 11 violations, if applicable, to be publicly posted at 12 the entrance of such establishment; preempting to the 13 state the assignment of such scores; amending s. 14 509.091, F.S.; authorizing the division to deliver the 15 assigned numerical score to the operator of a public 16 food service establishment by electronic means; 17 providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Paragraph (a) of subsection (2) and paragraph 22 (a) of subsection (7) of section 509.032, Florida Statutes, are 23 amended to read: 24 509.032 Duties.— 25 (2) INSPECTION OF PREMISES.— 26 (a) The division has jurisdiction and is responsible for 27 all inspections and assigning a numerical score based on 28 inspections required by this chapter. The division is 29 responsible for quality assurance. The division shall inspect 30 each licensed public lodging establishment at least biannually, 31 except for transient and nontransient apartments, which shall be 32 inspected at least annually. Each establishment licensed by the 33 division shall be inspected at such other times as the division 34 determines is necessary to ensure the public’s health, safety, 35 and welfare. The division shall adopt by rule a risk-based 36 inspection frequency for each licensed public food service 37 establishment. The rule must require at least one, but not more 38 than four, routine inspections that must be performed annually, 39 and may include guidelines that consider the inspection and 40 compliance history of a public food service establishment, the 41 type of food and food preparation, and the type of service. The 42 division shall reassess the inspection frequency of all licensed 43 public food service establishments at least annually. The 44 division shall create a rating system that assigns a numerical 45 score of 1 to 100, with 100 being a perfect score, to rate a 46 public food service establishment based on the findings of such 47 inspections. The numerical score and a list of violations, if 48 applicable, must be posted in a prominent place, visible to 49 customers, at the entrance of a public food service 50 establishment. Public lodging units classified as vacation 51 rentals or timeshare projects are not subject to this 52 requirement but shall be made available to the division upon 53 request. If, during the inspection of a public lodging 54 establishment classified for renting to transient or 55 nontransient tenants, an inspector identifies vulnerable adults 56 who appear to be victims of neglect, as defined in s. 415.102, 57 or, in the case of a building that is not equipped with 58 automatic sprinkler systems, tenants or clients who may be 59 unable to self-preserve in an emergency, the division shall 60 convene meetings with the following agencies as appropriate to 61 the individual situation: the Department of Health, the 62 Department of Elderly Affairs, the area agency on aging, the 63 local fire marshal, the landlord and affected tenants and 64 clients, and other relevant organizations, to develop a plan 65 that improves the prospects for safety of affected residents 66 and, if necessary, identifies alternative living arrangements 67 such as facilities licensed under part II of chapter 400 or 68 under chapter 429. 69 (7) PREEMPTION AUTHORITY.— 70 (a) The regulation of public lodging establishments and 71 public food service establishments, including, but not limited 72 to, sanitation standards, inspections and the assigned numerical 73 scores based on the findings of such inspections, training and 74 testing of personnel, and matters related to the nutritional 75 content and marketing of foods offered in such establishments, 76 is preempted to the state. This paragraph does not preempt the 77 authority of a local government or local enforcement district to 78 conduct inspections of public lodging and public food service 79 establishments for compliance with the Florida Building Code and 80 the Florida Fire Prevention Code, pursuant to ss. 553.80 and 81 633.206. 82 Section 2. Subsection (2) of section 509.091, Florida 83 Statutes, is amended to read: 84 509.091 Notices; form and service.— 85 (2) Notwithstanding subsection (1), the division may 86 deliver lodging inspection reports and food service inspection 87 reports, including the assigned numerical scores based on the 88 findings of such inspections, to the operator of the public 89 lodging establishment or public food service establishment by 90 electronic means. 91 Section 3. This act shall take effect July 1, 2021.