Florida Senate - 2015 SB 558
By Senator Stargel
15-00570A-15 2015558__
1 A bill to be entitled
2 An act relating to public lodging and public food
3 service establishments; amending s. 509.032, F.S.;
4 removing an obsolete date; revising the frequency at
5 which the Division of Hotels and Restaurants of the
6 Department of Business and Professional Regulation
7 must reassess the inspection frequency of public food
8 service establishments; removing the requirement that
9 the department provide the food-recovery brochure to
10 each inspected public food service establishment or
11 temporary food service event sponsor; requiring the
12 department to notify an inspected establishment or
13 event sponsor of the food-recovery brochure’s
14 availability; removing the limitation on the period
15 that a licensed public food service establishment may
16 operate at a temporary food service event; amending s.
17 509.091, F.S.; authorizing the division to deliver
18 lodging inspection reports and food service inspection
19 reports by electronic means; amending s. 509.101,
20 F.S.; requiring an operator of a public food service
21 establishment to make available a copy of the latest
22 food service inspection report at the time of a
23 division inspection; amending s. 509.251, F.S.;
24 revising the assessment of the delinquent fee for the
25 license renewal of a public lodging establishment and
26 public food service establishment; providing an
27 effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Paragraphs (a) and (g) of subsection (2) and
32 paragraph (c) of subsection (3) of section 509.032, Florida
33 Statutes, are amended to read:
34 509.032 Duties.—
35 (2) INSPECTION OF PREMISES.—
36 (a) The division has jurisdiction and is responsible for
37 all inspections required by this chapter. The division is
38 responsible for quality assurance. The division shall inspect
39 each licensed public lodging establishment at least biannually,
40 except for transient and nontransient apartments, which shall be
41 inspected at least annually. Each establishment licensed by the
42 division shall be inspected at such other times as the division
43 determines is necessary to ensure the public’s health, safety,
44 and welfare. The division shall, by no later than July 1, 2014,
45 adopt by rule a risk-based inspection frequency for each
46 licensed public food service establishment. The rule must
47 require at least one, but not more than four, routine
48 inspections that must be performed annually, and may include
49 guidelines that consider the inspection and compliance history
50 of a public food service establishment, the type of food and
51 food preparation, and the type of service. The division shall
52 annually reassess the inspection frequency of all licensed
53 public food service establishments at least annually. Public
54 lodging units classified as vacation rentals or timeshare
55 projects are not subject to this requirement but shall be made
56 available to the division upon request. If, during the
57 inspection of a public lodging establishment classified for
58 renting to transient or nontransient tenants, an inspector
59 identifies vulnerable adults who appear to be victims of
60 neglect, as defined in s. 415.102, or, in the case of a building
61 that is not equipped with automatic sprinkler systems, tenants
62 or clients who may be unable to self-preserve in an emergency,
63 the division shall convene meetings with the following agencies
64 as appropriate to the individual situation: the Department of
65 Health, the Department of Elderly Affairs, the area agency on
66 aging, the local fire marshal, the landlord and affected tenants
67 and clients, and other relevant organizations, to develop a plan
68 that improves the prospects for safety of affected residents
69 and, if necessary, identifies alternative living arrangements
70 such as facilities licensed under part II of chapter 400 or
71 under chapter 429.
72 (g) In inspecting public food service establishments, the
73 department shall notify provide each inspected establishment of
74 the availability of with the food-recovery brochure developed
75 under s. 595.420.
76 (3) SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD SERVICE
77 EVENTS.—The division shall:
78 (c) Administer a public notification process for temporary
79 food service events and distribute educational materials that
80 address safe food storage, preparation, and service procedures.
81 1. Sponsors of temporary food service events shall notify
82 the division not less than 3 days before the scheduled event of
83 the type of food service proposed, the time and location of the
84 event, a complete list of food service vendors participating in
85 the event, the number of individual food service facilities each
86 vendor will operate at the event, and the identification number
87 of each food service vendor’s current license as a public food
88 service establishment or temporary food service event licensee.
89 Notification may be completed orally, by telephone, in person,
90 or in writing. A public food service establishment or food
91 service vendor may not use this notification process to
92 circumvent the license requirements of this chapter.
93 2. The division shall keep a record of all notifications
94 received for proposed temporary food service events and shall
95 provide appropriate educational materials to the event sponsors
96 and notify the event sponsors of the availability of, including
97 the food-recovery brochure developed under s. 595.420.
98 3.a. A public food service establishment or other food
99 service vendor must obtain one of the following classes of
100 license from the division: an individual license, for a fee of
101 no more than $105, for each temporary food service event in
102 which it participates; or an annual license, for a fee of no
103 more than $1,000, that entitles the licensee to participate in
104 an unlimited number of food service events during the license
105 period. The division shall establish license fees, by rule, and
106 may limit the number of food service facilities a licensee may
107 operate at a particular temporary food service event under a
108 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 2. Section 509.091, Florida Statutes, is amended to
114 read:
115 509.091 Notices; form and service.—
116 (1) Each notice served by the division pursuant to this
117 chapter must be in writing and must be delivered personally by
118 an agent of the division or by registered letter to the operator
119 of the public lodging establishment or public food service
120 establishment. If the operator refuses to accept service or
121 evades service or the agent is otherwise unable to effect
122 service after due diligence, the division may post such notice
123 in a conspicuous place at the establishment.
124 (2) Notwithstanding subsection (1), the division may
125 deliver lodging inspection reports and food service inspection
126 reports to the operator of the public lodging establishment or
127 public food service establishment by electronic means.
128 Section 3. Subsection (1) of section 509.101, Florida
129 Statutes, is amended to read:
130 509.101 Establishment rules; posting of notice; food
131 service inspection report; maintenance of guest register; mobile
132 food dispensing vehicle registry.—
133 (1) Any operator of a public lodging establishment or a
134 public food service establishment may establish reasonable rules
135 and regulations for the management of the establishment and its
136 guests and employees; and each guest or employee staying,
137 sojourning, eating, or employed in the establishment shall
138 conform to and abide by such rules and regulations so long as
139 the guest or employee remains in or at the establishment. Such
140 rules and regulations shall be deemed to be a special contract
141 between the operator and each guest or employee using the
142 services or facilities of the operator. Such rules and
143 regulations shall control the liabilities, responsibilities, and
144 obligations of all parties. Any rules or regulations established
145 pursuant to this section shall be printed in the English
146 language and posted in a prominent place within such public
147 lodging establishment or public food service establishment. In
148 addition, any operator of a public food service establishment
149 shall maintain a copy of the latest food service inspection
150 report or a duplicate copy on premises and shall make it
151 available to the division at the time of any division inspection
152 of the establishment and to the public, upon request.
153 Section 4. Subsections (1) and (2) of section 509.251,
154 Florida Statutes, are amended to read:
155 509.251 License fees.—
156 (1) The division shall adopt, by rule, a schedule of fees
157 to be paid by each public lodging establishment as a
158 prerequisite to issuance or renewal of a license. Such fees
159 shall be based on the number of rental units in the
160 establishment. The aggregate fee per establishment charged any
161 public lodging establishment may shall not exceed $1,000;
162 however, the fees described in paragraphs (a) and (b) may not be
163 included as part of the aggregate fee subject to this cap.
164 Vacation rental units or timeshare projects within separate
165 buildings or at separate locations but managed by one licensed
166 agent may be combined in a single license application, and the
167 division shall charge a license fee as if all units in the
168 application are in a single licensed establishment. The fee
169 schedule shall require an establishment which applies for an
170 initial license to pay the full license fee if application is
171 made during the annual renewal period or more than 6 months
172 before prior to the next such renewal period and one-half of the
173 fee if application is made 6 months or less before prior to such
174 period. The fee schedule shall include fees collected for the
175 purpose of funding the Hospitality Education Program, pursuant
176 to s. 509.302, which are payable in full for each application
177 regardless of when the application is submitted.
178 (a) Upon making initial application or an application for
179 change of ownership, the applicant shall pay to the division a
180 fee as prescribed by rule, not to exceed $50, in addition to any
181 other fees required by law, which shall cover all costs
182 associated with initiating regulation of the establishment.
183 (b) A license renewal filed with the division within 30
184 days after the expiration date shall be accompanied by a
185 delinquent fee as prescribed by rule, not to exceed $50, in
186 addition to the renewal fee and any other fees required by law.
187 A license renewal filed with the division more than 30 but not
188 more than 60 days after the expiration date shall be accompanied
189 by a delinquent fee as prescribed by rule, not to exceed $100,
190 in addition to the renewal fee and any other fees required by
191 law.
192 (2) The division shall adopt, by rule, a schedule of fees
193 to be paid by each public food service establishment as a
194 prerequisite to issuance or renewal of a license. The fee
195 schedule shall prescribe a basic fee and additional fees based
196 on seating capacity and services offered. The aggregate fee per
197 establishment charged any public food service establishment may
198 not exceed $400; however, the fees described in paragraphs (a)
199 and (b) may not be included as part of the aggregate fee subject
200 to this cap. The fee schedule shall require an establishment
201 which applies for an initial license to pay the full license fee
202 if application is made during the annual renewal period or more
203 than 6 months before prior to the next such renewal period and
204 one-half of the fee if application is made 6 months or less
205 before prior to such period. The fee schedule shall include fees
206 collected for the purpose of funding the Hospitality Education
207 Program, pursuant to s. 509.302, which are payable in full for
208 each application regardless of when the application is
209 submitted.
210 (a) Upon making initial application or an application for
211 change of ownership, the applicant shall pay to the division a
212 fee as prescribed by rule, not to exceed $50, in addition to any
213 other fees required by law, which shall cover all costs
214 associated with initiating regulation of the establishment.
215 (b) A license renewal filed with the division within 30
216 days after the expiration date shall be accompanied by a
217 delinquent fee as prescribed by rule, not to exceed $50, in
218 addition to the renewal fee and any other fees required by law.
219 A license renewal filed with the division more than 30 but not
220 more than 60 days after the expiration date shall be accompanied
221 by a delinquent fee as prescribed by rule, not to exceed $100,
222 in addition to the renewal fee and any other fees required by
223 law.
224 Section 5. This act shall take effect July 1, 2015.