Florida Senate - 2013 SB 940 By Senator Bullard 39-00770A-13 2013940__ 1 A bill to be entitled 2 An act relating to canned or perishable food 3 distributed free of charge; amending s. 768.136, F.S.; 4 limiting the liability of public schools with respect 5 to the donation of canned or perishable food to 6 charitable or nonprofit organizations; revising a 7 definition; authorizing a public school to donate food 8 if the school meets food protection requirements 9 adopted by the district school board; providing an 10 effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Paragraph (a) of subsection (1) of section 15 768.136, Florida Statutes, is amended to read: 16 768.136 Liability for canned or perishable food distributed 17 free of charge.— 18 (1) As used in this section: 19 (a) “Donor” means a person, business, organization, or 20 institution, including a public school, which owns, rents, 21 leases, or operates: 22 1. Any building, vehicle, place, or structure, or any room 23 or division in a building, vehicle, place, or structure, that is 24 maintained and operated as a place where food is regularly 25 prepared, served, or sold for immediate consumption on or in the 26 vicinity of the premises; or to be called for or taken out by 27 customers; or to be delivered to factories, construction camps, 28 airlines, locations where catered events are being held, and 29 other similar locations for consumption at any place; 30 2. Any public location with vending machines dispensing 31 prepared meals; or 32 3. Any retail grocery store. 33 Section 2. A public school may donate food to a charitable 34 or nonprofit organization pursuant to s. 768.136, Florida 35 Statutes, if the school meets requirements adopted by the 36 district school board for food protection, storage, handling, 37 and transport. Such donation shall be approved by the school 38 principal. 39 Section 3. This act shall take effect July 1, 2013.