Bill Amendment: FL S1390 | 2015 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Public Food Service Establishments

Status: 2015-04-28 - Died on Calendar [S1390 Detail]

Download: Florida-2015-S1390-Senate_Committee_Amendment_471528.html

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       Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1390
       
       
       
       
       
       
                                Ì4715288Î471528                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Regulated Industries (Latvala) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 27 - 64
    4  and insert:
    5  food contests, cook-offs, and athletic contests.
    6         2. Any eating place maintained and operated by, or for the
    7  benefit of, a church or a religious, nonprofit fraternal, or
    8  nonprofit civic organization:
    9         a. For the use of members and associates; or
   10         b. Temporarily to serve such events as fairs, carnivals,
   11  food contests, cook-offs, or athletic contests.
   12  
   13  Upon request by the division, a church or a religious, nonprofit
   14  fraternal, or nonprofit civic organization claiming an exclusion
   15  under this subparagraph must provide the division documentation
   16  of its status as a church or religious, nonprofit fraternal, or
   17  nonprofit civic organization.
   18         3. Any eating place maintained and operated by an
   19  individual or entity at a food contest, cook-off, or a temporary
   20  event lasting from 1 to 3 days which is hosted by a church or a
   21  religious, nonprofit fraternal, or nonprofit civic organization.
   22  Upon request by the division, the event host must provide the
   23  division documentation of its status as a church or a religious,
   24  nonprofit fraternal, or nonprofit civic organization.
   25         4.3. Any eating place located on an airplane, train, bus,
   26  or watercraft which is a common carrier.
   27         5.4. Any eating place maintained by a facility certified or
   28  licensed and regulated by the Agency for Health Care
   29  Administration or the Department of Children and Families or
   30  other similar place that is regulated under s. 381.0072.
   31         6.5. Any place of business issued a permit or inspected by
   32  the Department of Agriculture and Consumer Services under s.
   33  500.12.
   34         7.6. Any place of business where the food available for
   35  consumption is limited to ice, beverages with or without
   36  garnishment, popcorn, or prepackaged items sold without
   37  additions or preparation.
   38         8.7. Any theater, if the primary use is as a theater and if
   39  patron service is limited to food items customarily served to
   40  the admittees of theaters.
   41         9.8. Any vending machine that dispenses any food or
   42  beverages other than potentially hazardous foods, as defined by
   43  division rule.
   44         10.9. Any vending machine that dispenses potentially
   45  hazardous food and which is located in a facility regulated
   46  under s. 381.0072.
   47         11.10. Any research and development test kitchen limited to
   48  the use of employees and which is not open to the general
   49  public.
   50         Section 2. Paragraph (c) of subsection (3) of section
   51  509.032, Florida Statutes, is amended to read:
   52         509.032 Duties.—
   53         (3) SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD SERVICE
   54  EVENTS.—The division shall:
   55         (c) Administer a public notification process for temporary
   56  food service events and distribute educational materials that
   57  address safe food storage, preparation, and service procedures.
   58         1. Sponsors of temporary food service events shall notify
   59  the division not less than 3 days before the scheduled event of
   60  the type of food service proposed, the time and location of the
   61  event, a complete list of food service vendors participating in
   62  the event, the number of individual food service facilities each
   63  vendor will operate at the event, and the identification number
   64  of each food service vendor’s current license as a public food
   65  service establishment or temporary food service event licensee.
   66  Notification may be completed orally, by telephone, in person,
   67  or in writing. A public food service establishment or food
   68  service vendor may not use this notification process to
   69  circumvent the license requirements of this chapter.
   70         2. The division shall keep a record of all notifications
   71  received for proposed temporary food service events and shall
   72  provide appropriate educational materials to the event sponsors,
   73  including the food-recovery brochure developed under s. 595.420.
   74         3.a. Unless excluded under s. 509.013(5)(b), a public food
   75  service establishment or other food service vendor must obtain
   76  one of the following classes of license from the division: an
   77  individual license, for a fee of no more than $105, for each
   78  temporary food service event in which it participates; or an
   79  annual license, for a fee of no more than $1,000, that entitles
   80  the licensee to participate in an unlimited number of food
   81  service events during the license period. The division shall
   82  establish license fees, by rule, and may limit the number of
   83  food service facilities a licensee may operate at a particular
   84  temporary food service event under a single license.
   85         b. Public food service establishments holding current
   86  licenses from the division may operate under the regulations of
   87  such a license at temporary food service events of 3 days or
   88  less in duration.
   89  
   90  ================= T I T L E  A M E N D M E N T ================
   91  And the title is amended as follows:
   92         Delete lines 5 - 6
   93  and insert:
   94         exclude certain events; amending s. 509.032, F.S.;
   95         conforming provisions to changes made by this act;
   96         providing an effective