Bill Text: FL H0587 | 2011 | Regular Session | Introduced
Bill Title: Department of Health
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0587 Detail]
Download: Florida-2011-H0587-Introduced.html
HB 587 |
1 | |
2 | An act relating to the Department of Health; amending s. |
3 | 381.0072, F.S.; redefining the term "food service |
4 | establishment" to include child care facilities; placing |
5 | the regulation of such facilities under the jurisdiction |
6 | of the department; requiring that the department consult |
7 | with specified agencies and not duplicate areas of |
8 | inspection executed by such agencies; providing an |
9 | effective date. |
10 | |
11 | Be It Enacted by the Legislature of the State of Florida: |
12 | |
13 | Section 1. Paragraph (b) of subsection (1) and subsection |
14 | (2) of section 381.0072, Florida Statutes, are amended to read: |
15 | 381.0072 Food service protection.-It shall be the duty of |
16 | the Department of Health to adopt and enforce sanitation rules |
17 | consistent with law to ensure the protection of the public from |
18 | food-borne illness. These rules shall provide the standards and |
19 | requirements for the storage, preparation, serving, or display |
20 | of food in food service establishments as defined in this |
21 | section and which are not permitted or licensed under chapter |
22 | 500 or chapter 509. |
23 | (1) DEFINITIONS.-As used in this section, the term: |
24 | (b) "Food service establishment" means detention |
25 | facilities, public or private schools, migrant labor camps, |
26 | assisted living facilities, adult family-care homes, adult day |
27 | care centers, child care facilities, short-term residential |
28 | treatment centers, residential treatment facilities, homes for |
29 | special services, transitional living facilities, crisis |
30 | stabilization units, hospices, prescribed pediatric extended |
31 | care centers, intermediate care facilities for persons with |
32 | developmental disabilities, boarding schools, civic or fraternal |
33 | organizations, bars and lounges, vending machines that dispense |
34 | potentially hazardous foods at facilities expressly named in |
35 | this paragraph, and facilities used as temporary food events or |
36 | mobile food units at any facility expressly named in this |
37 | paragraph, where food is prepared and intended for individual |
38 | portion service, including the site at which individual portions |
39 | are provided, regardless of whether consumption is on or off the |
40 | premises and regardless of whether there is a charge for the |
41 | food. The term does not include any entity not expressly named |
42 | in this paragraph; nor does the term include a domestic violence |
43 | center certified and monitored by the Department of Children and |
44 | Family Services under part XIII of chapter 39 if the center does |
45 | not prepare and serve food to its residents and does not |
46 | advertise food or drink for public consumption. |
47 | (2) DUTIES.- |
48 | (a) The department may advise and consult with the Agency |
49 | for Health Care Administration, the Department of Business and |
50 | Professional Regulation, the Department of Agriculture and |
51 | Consumer Services, and the Department of Children and Family |
52 | Services concerning procedures related to the storage, |
53 | preparation, serving, or display of food at any building, |
54 | structure, or facility not expressly included in this section |
55 | that is inspected, licensed, or regulated by those agencies. |
56 | (b) The department shall adopt rules, including |
57 | definitions of terms which are consistent with law prescribing |
58 | minimum sanitation standards and manager certification |
59 | requirements as prescribed in s. 509.039, and which shall be |
60 | enforced in food service establishments as defined in this |
61 | section. The sanitation standards must address the construction, |
62 | operation, and maintenance of the establishment; lighting, |
63 | ventilation, laundry rooms, lockers, use and storage of toxic |
64 | materials and cleaning compounds, and first-aid supplies; plan |
65 | review; design, construction, installation, location, |
66 | maintenance, sanitation, and storage of food equipment and |
67 | utensils; employee training, health, hygiene, and work |
68 | practices; food supplies, preparation, storage, transportation, |
69 | and service, including access to the areas where food is stored |
70 | or prepared; and sanitary facilities and controls, including |
71 | water supply and sewage disposal; plumbing and toilet |
72 | facilities; garbage and refuse collection, storage, and |
73 | disposal; and vermin control. Public and private schools, if the |
74 | food service is operated by school employees, bars and lounges, |
75 | civic organizations, and any other facility that is not |
76 | regulated under this section are exempt from the rules developed |
77 | for manager certification. The department shall administer a |
78 | comprehensive inspection, monitoring, and sampling program to |
79 | ensure such standards are maintained. With respect to food |
80 | service establishments permitted or licensed under chapter 500 |
81 | or chapter 509, the department shall assist the Division of |
82 | Hotels and Restaurants of the Department of Business and |
83 | Professional Regulation and the Department of Agriculture and |
84 | Consumer Services with rulemaking by providing technical |
85 | information. |
86 | (c) The department shall carry out all provisions of this |
87 | chapter and all other applicable laws and rules relating to the |
88 | inspection or regulation of food service establishments as |
89 | defined in this section, for the purpose of safeguarding the |
90 | public's health, safety, and welfare. |
91 | (d) The department shall inspect each food service |
92 | establishment as often as necessary to ensure compliance with |
93 | applicable laws and rules. The department shall have the right |
94 | of entry and access to these food service establishments at any |
95 | reasonable time. In consultation with the agencies set forth in |
96 | paragraph (a), the department may not duplicate areas of |
97 | inspection that are executed by the appropriate regulatory body. |
98 | In inspecting food service establishments as provided under this |
99 | section, the department shall provide each inspected |
100 | establishment with the food recovery brochure developed under s. |
101 | 570.0725. |
102 | (e) The department or other appropriate regulatory entity |
103 | may inspect theaters exempted in subsection (1) to ensure |
104 | compliance with applicable laws and rules pertaining to minimum |
105 | sanitation standards. A fee for inspection shall be prescribed |
106 | by rule, but the aggregate amount charged per year per theater |
107 | establishment shall not exceed $300, regardless of the entity |
108 | providing the inspection. |
109 | Section 2. This act shall take effect July 1, 2011. |
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