Bill Text: FL S1390 | 2015 | Regular Session | Comm Sub

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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

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       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.