Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 476
       
       
       
       
       
       
                                Barcode 212134                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/22/2011           .                                
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       The Committee on Regulated Industries (Norman) recommended the
       following:
       
    1         Senate Amendment to Amendment (501282) (with title
    2  amendment)
    3  
    4         Delete lines 36 - 54
    5  and insert:
    6         (7) PREEMPTION AUTHORITY.—
    7         (a) The regulation of public lodging establishments and
    8  public food service establishments, including, but not limited
    9  to, the inspection of public lodging establishments and public
   10  food service establishments for compliance with the sanitation
   11  standards, inspections, adopted under this section, and the
   12  regulation of food safety protection standards for required
   13  training and testing of food service establishment personnel,
   14  and matters related to the nutritional content and marketing of
   15  foods offered in such establishments, are preempted to the
   16  state. This paragraph subsection does not preempt the authority
   17  of a local government or local enforcement district to conduct
   18  inspections of public lodging and public food service
   19  establishments for compliance with the Florida Building Code and
   20  the Florida Fire Prevention Code, pursuant to ss. 553.80 and 21
   21  633.022.
   22         (b) Notwithstanding any local law, ordinance, or
   23  regulation, a vacation rental, as described in s. 509.242(1)(c),
   24  is deemed residential property and may not be prohibited or
   25  treated differently than other residential property based solely
   26  on its classification, use, or occupancy.
   27  
   28  
   29         Between lines 171 and 172
   30  insert:
   31         Section 6. Subsection (1) of section 509.261, Florida
   32  Statutes, is amended to read:
   33         509.261 Revocation or suspension of licenses; fines;
   34  procedure.—
   35         (1) Any public lodging establishment or public food service
   36  establishment that has operated or is operating in violation of
   37  this chapter or the rules of the division, operating without a
   38  license, or operating with a suspended or revoked license may be
   39  subject by the division to:
   40         (a) Fines not to exceed $1,000 per offense;
   41         (b) Mandatory completion attendance, at personal expense,
   42  of a remedial at an educational program administered sponsored
   43  by a food safety training program provider whose program has
   44  been approved by the division, as provided in s. 509.049 the
   45  Hospitality Education Program; and
   46         (c) The suspension, revocation, or refusal of a license
   47  issued pursuant to this chapter.
   48  
   49  
   50  ================= T I T L E  A M E N D M E N T ================
   51         And the title is amended as follows:
   52         Delete line 243
   53  and insert:
   54         changes made by the act; amending s. 509.261, F.S.;
   55         revising mandatory education requirements for certain
   56         violations; amending s. 509.291, F.S.;