Bill Text: FL S1390 | 2015 | Regular Session | Comm Sub
Bill Title: Public Food Service Establishments
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Engrossed - Dead) 2015-04-28 - Died on Calendar [S1390 Detail]
Download: Florida-2015-S1390-Comm_Sub.html
Florida Senate - 2015 CS for CS for CS for SB 1390 By the Committees on Fiscal Policy; Regulated Industries; and Health Policy; and Senator Hays 594-04183-15 20151390c3 1 A bill to be entitled 2 An act relating to public food service establishments; 3 amending s. 509.013, F.S.; revising the definition of 4 the term “public food service establishment” to 5 exclude certain events; amending s. 509.032, F.S.; 6 clarifying that a license is not required to be 7 obtained if excluded under the definition of the term 8 “public food service establishment”; providing an 9 effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Subsection (5) of section 509.013, Florida 14 Statutes, is amended to read: 15 509.013 Definitions.—As used in this chapter, the term: 16 (5)(a) “Public food service establishment” means any 17 building, vehicle, place, or structure, or any room or division 18 in a building, vehicle, place, or structure where food is 19 prepared, served, or sold for immediate consumption on or in the 20 vicinity of the premises; called for or taken out by customers; 21 or prepared prior to being delivered to another location for 22 consumption. 23 (b) The following are excluded from the definition in 24 paragraph (a): 25 1. Any place maintained and operated by a public or private 26 school, college, or university: 27 a. For the use of students and faculty; or 28 b. Temporarily to serve such events as fairs, carnivals, 29 food contests, cook-offs, and athletic contests. 30 2. Any eating place maintained and operated by a church or 31 a religious, nonprofit fraternal, or nonprofit civic 32 organization: 33 a. For the use of members and associates; or 34 b. Temporarily to serve such events as fairs, carnivals, 35 food contests, cook-offs, or athletic contests. 36 37 Upon request by the division, a church or a religious, nonprofit 38 fraternal, or nonprofit civic organization claiming an exclusion 39 under this subparagraph must provide the division documentation 40 of its status as a church or a religious, nonprofit fraternal, 41 or nonprofit civic organization. 42 3. Any eating place maintained and operated by an 43 individual or entity at a food contest, cook-off, or a temporary 44 event lasting from 1 to 3 days which is hosted by a church or a 45 religious, nonprofit fraternal, or nonprofit civic organization. 46 Upon request by the division, the event host must provide the 47 division documentation of its status as a church or a religious, 48 nonprofit fraternal, or nonprofit civic organization. 49 4.3.Any eating place located on an airplane, train, bus, 50 or watercraft which is a common carrier. 51 5.4.Any eating place maintained by a facility certified or 52 licensed and regulated by the Agency for Health Care 53 Administration or the Department of Children and Families or 54 other similar place that is regulated under s. 381.0072. 55 6.5.Any place of business issued a permit or inspected by 56 the Department of Agriculture and Consumer Services under s. 57 500.12. 58 7.6.Any place of business where the food available for 59 consumption is limited to ice, beverages with or without 60 garnishment, popcorn, or prepackaged items sold without 61 additions or preparation. 62 8.7.Any theater, if the primary use is as a theater and if 63 patron service is limited to food items customarily served to 64 the admittees of theaters. 65 9.8.Any vending machine that dispenses any food or 66 beverages other than potentially hazardous foods, as defined by 67 division rule. 68 10.9.Any vending machine that dispenses potentially 69 hazardous food and which is located in a facility regulated 70 under s. 381.0072. 71 11.10.Any research and development test kitchen limited to 72 the use of employees and which is not open to the general 73 public. 74 Section 2. Paragraph (c) of subsection (3) of section 75 509.032, Florida Statutes, is amended to read: 76 509.032 Duties.— 77 (3) SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD SERVICE 78 EVENTS.—The division shall: 79 (c) Administer a public notification process for temporary 80 food service events and distribute educational materials that 81 address safe food storage, preparation, and service procedures. 82 1. Sponsors of temporary food service events shall notify 83 the division not less than 3 days before the scheduled event of 84 the type of food service proposed, the time and location of the 85 event, a complete list of food service vendors participating in 86 the event, the number of individual food service facilities each 87 vendor will operate at the event, and the identification number 88 of each food service vendor’s current license as a public food 89 service establishment or temporary food service event licensee. 90 Notification may be completed orally, by telephone, in person, 91 or in writing. A public food service establishment or food 92 service vendor may not use this notification process to 93 circumvent the license requirements of this chapter. 94 2. The division shall keep a record of all notifications 95 received for proposed temporary food service events and shall 96 provide appropriate educational materials to the event sponsors, 97 including the food-recovery brochure developed under s. 595.420. 98 3.a. Unless excluded under s. 509.013(5)(b), a public food 99 service establishment or other food service vendor must obtain 100 one of the following classes of license from the division: an 101 individual license, for a fee of no more than $105, for each 102 temporary food service event in which it participates; or an 103 annual license, for a fee of no more than $1,000, that entitles 104 the licensee to participate in an unlimited number of food 105 service events during the license period. The division shall 106 establish license fees, by rule, and may limit the number of 107 food service facilities a licensee may operate at a particular 108 temporary food service event under a single license. 109 b. Public food service establishments holding current 110 licenses from the division may operate under the regulations of 111 such a license at temporary food service events of 3 days or 112 less in duration. 113 Section 3. This act shall take effect July 1, 2015.