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Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0587 Detail]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
A bill to be entitled
2An act relating to the Department of Health; amending s.
3381.0072, F.S.; redefining the term "food service
4establishment" to include child care facilities; placing
5the regulation of such facilities under the jurisdiction
6of the department; requiring that the department consult
7with specified agencies and not duplicate areas of
8inspection executed by such agencies; providing an
9effective date.
10
11Be 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
16the Department of Health to adopt and enforce sanitation rules
17consistent with law to ensure the protection of the public from
18food-borne illness. These rules shall provide the standards and
19requirements for the storage, preparation, serving, or display
20of food in food service establishments as defined in this
21section and which are not permitted or licensed under chapter
22500 or chapter 509.
23     (1)  DEFINITIONS.-As used in this section, the term:
24     (b)  "Food service establishment" means detention
25facilities, public or private schools, migrant labor camps,
26assisted living facilities, adult family-care homes, adult day
27care centers, child care facilities, short-term residential
28treatment centers, residential treatment facilities, homes for
29special services, transitional living facilities, crisis
30stabilization units, hospices, prescribed pediatric extended
31care centers, intermediate care facilities for persons with
32developmental disabilities, boarding schools, civic or fraternal
33organizations, bars and lounges, vending machines that dispense
34potentially hazardous foods at facilities expressly named in
35this paragraph, and facilities used as temporary food events or
36mobile food units at any facility expressly named in this
37paragraph, where food is prepared and intended for individual
38portion service, including the site at which individual portions
39are provided, regardless of whether consumption is on or off the
40premises and regardless of whether there is a charge for the
41food. The term does not include any entity not expressly named
42in this paragraph; nor does the term include a domestic violence
43center certified and monitored by the Department of Children and
44Family Services under part XIII of chapter 39 if the center does
45not prepare and serve food to its residents and does not
46advertise food or drink for public consumption.
47     (2)  DUTIES.-
48     (a)  The department may advise and consult with the Agency
49for Health Care Administration, the Department of Business and
50Professional Regulation, the Department of Agriculture and
51Consumer Services, and the Department of Children and Family
52Services concerning procedures related to the storage,
53preparation, serving, or display of food at any building,
54structure, or facility not expressly included in this section
55that is inspected, licensed, or regulated by those agencies.
56     (b)  The department shall adopt rules, including
57definitions of terms which are consistent with law prescribing
58minimum sanitation standards and manager certification
59requirements as prescribed in s. 509.039, and which shall be
60enforced in food service establishments as defined in this
61section. The sanitation standards must address the construction,
62operation, and maintenance of the establishment; lighting,
63ventilation, laundry rooms, lockers, use and storage of toxic
64materials and cleaning compounds, and first-aid supplies; plan
65review; design, construction, installation, location,
66maintenance, sanitation, and storage of food equipment and
67utensils; employee training, health, hygiene, and work
68practices; food supplies, preparation, storage, transportation,
69and service, including access to the areas where food is stored
70or prepared; and sanitary facilities and controls, including
71water supply and sewage disposal; plumbing and toilet
72facilities; garbage and refuse collection, storage, and
73disposal; and vermin control. Public and private schools, if the
74food service is operated by school employees, bars and lounges,
75civic organizations, and any other facility that is not
76regulated under this section are exempt from the rules developed
77for manager certification. The department shall administer a
78comprehensive inspection, monitoring, and sampling program to
79ensure such standards are maintained. With respect to food
80service establishments permitted or licensed under chapter 500
81or chapter 509, the department shall assist the Division of
82Hotels and Restaurants of the Department of Business and
83Professional Regulation and the Department of Agriculture and
84Consumer Services with rulemaking by providing technical
85information.
86     (c)  The department shall carry out all provisions of this
87chapter and all other applicable laws and rules relating to the
88inspection or regulation of food service establishments as
89defined in this section, for the purpose of safeguarding the
90public's health, safety, and welfare.
91     (d)  The department shall inspect each food service
92establishment as often as necessary to ensure compliance with
93applicable laws and rules. The department shall have the right
94of entry and access to these food service establishments at any
95reasonable time. In consultation with the agencies set forth in
96paragraph (a), the department may not duplicate areas of
97inspection that are executed by the appropriate regulatory body.
98In inspecting food service establishments as provided under this
99section, the department shall provide each inspected
100establishment with the food recovery brochure developed under s.
101570.0725.
102     (e)  The department or other appropriate regulatory entity
103may inspect theaters exempted in subsection (1) to ensure
104compliance with applicable laws and rules pertaining to minimum
105sanitation standards. A fee for inspection shall be prescribed
106by rule, but the aggregate amount charged per year per theater
107establishment shall not exceed $300, regardless of the entity
108providing the inspection.
109     Section 2.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.
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