Bill Text: FL S0842 | 2013 | Regular Session | Comm Sub

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Bill Title: Premises Inspections

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2013-04-25 - Laid on Table, companion bill(s) passed, see CS/HB 795 (Ch. 2013-147) [S0842 Detail]

Download: Florida-2013-S0842-Comm_Sub.html

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       Florida Senate - 2013                              CS for SB 842
       
       
       
       By the Committee on Regulated Industries; and Senator Stargel
       
       
       
       
       580-02407-13                                           2013842c1
    1                        A bill to be entitled                      
    2         An act relating to premises inspections; amending s.
    3         509.032, F.S.; requiring the Division of Hotels and
    4         Restaurants of the Department of Business and
    5         Professional Regulation to adopt rules for a risk
    6         based inspection frequency for licensed public food
    7         service establishments; providing criteria; conforming
    8         terminology; providing an effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraph (a) of subsection (2) of section
   13  509.032, Florida Statutes, is amended to read:
   14         509.032 Duties.—
   15         (2) INSPECTION OF PREMISES.—
   16         (a) The division has responsibility and jurisdiction and is
   17  responsible for all inspections required by this chapter. The
   18  division is responsible has responsibility for quality
   19  assurance. The division shall inspect each licensed public
   20  lodging establishment shall be inspected at least biannually,
   21  except for transient and nontransient apartments, which shall be
   22  inspected at least annually. Each establishment licensed by the
   23  division, and shall be inspected at such other times as the
   24  division determines is necessary to ensure the public’s health,
   25  safety, and welfare. The division shall by no later than July 1,
   26  2014, adopt by rule a risk-based establish a system to determine
   27  inspection frequency for each licensed public food service
   28  establishment. The rule must require at least one, but not more
   29  than four, routine inspections that must be performed annually,
   30  and may include guidelines that consider the inspection and
   31  compliance history of a public food service establishment, the
   32  type of food and food preparation, and the type of service. The
   33  division shall annually reassess the inspection frequency of all
   34  licensed public food service establishments. Public lodging
   35  units classified as vacation rentals are not subject to this
   36  requirement but shall be made available to the division upon
   37  request. If, during the inspection of a public lodging
   38  establishment classified for renting to transient or
   39  nontransient tenants, an inspector identifies vulnerable adults
   40  who appear to be victims of neglect, as defined in s. 415.102,
   41  or, in the case of a building that is not equipped with
   42  automatic sprinkler systems, tenants or clients who may be
   43  unable to self-preserve in an emergency, the division shall
   44  convene meetings with the following agencies as appropriate to
   45  the individual situation: the Department of Health, the
   46  Department of Elderly Affairs, the area agency on aging, the
   47  local fire marshal, the landlord and affected tenants and
   48  clients, and other relevant organizations, to develop a plan
   49  that which improves the prospects for safety of affected
   50  residents and, if necessary, identifies alternative living
   51  arrangements such as facilities licensed under part II of
   52  chapter 400 or under chapter 429.
   53         Section 2. This act shall take effect July 1, 2014.