| 1 | A bill to be entitled |
| 2 | An act relating to sanitary regulations; amending s. |
| 3 | 509.221, F.S.; requiring food service establishments |
| 4 | issued a license on or after a specified date to provide |
| 5 | diaper-changing tables; providing exceptions; defining |
| 6 | terms; providing requirements for diaper-changing tables; |
| 7 | requiring the Division of Hotels and Restaurants of the |
| 8 | Department of Business and Professional Regulation to |
| 9 | adopt rules; providing an effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Subsection (1) of section 509.221, Florida |
| 14 | Statutes, is amended, subsection (9) is renumbered as subsection |
| 15 | (10) and amended, subsections (6), (7), and (8) of said section |
| 16 | are renumbered as subsections (7), (8), and (9), respectively, |
| 17 | and a new subsection (6) is added to said section, to read: |
| 18 | 509.221 Sanitary regulations.-- |
| 19 | (1) Each public lodging establishment and each public food |
| 20 | service establishment shall be supplied with potable water and |
| 21 | shall provide adequate sanitary facilities for the accommodation |
| 22 | of its employees and guests. Such facilities may include, but |
| 23 | are not limited to, showers, handwash basins, diaper-changing |
| 24 | tables, toilets, and bidets. Such sanitary facilities shall be |
| 25 | connected to approved plumbing. Such plumbing shall be sized, |
| 26 | installed, and maintained in accordance with the Florida |
| 27 | Building Code. Wastewater or sewage shall be properly treated |
| 28 | onsite or discharged into an approved sewage collection and |
| 29 | treatment system. |
| 30 | (6)(a) Each public food service establishment licensed on |
| 31 | or after January 1, 2005, and each public food service |
| 32 | establishment issued a renewal license on or after that date |
| 33 | shall provide a diaper-changing table in a properly designated |
| 34 | public bathroom, except that: |
| 35 | 1. A mobile food dispensing vehicle, theme park food cart, |
| 36 | vending machine, or public food service establishment or a food |
| 37 | vendor participating in a temporary food service event need not |
| 38 | provide a public bathroom. |
| 39 | 2. An arcade, a mall, or a flea market that contains a |
| 40 | public food service establishment that does not offer seating |
| 41 | within the public food service establishment may provide |
| 42 | centrally located bathroom facilities that are accessible to |
| 43 | patrons of the establishments in the arcade, mall, or flea |
| 44 | market, which bathroom facilities must be within 300 feet of |
| 45 | each establishment and must be equipped with a diaper-changing |
| 46 | table. |
| 47 | 3. A public food service establishment that is located |
| 48 | within a theme park or an entertainment complex may provide |
| 49 | centrally located bathroom facilities that are accessible to |
| 50 | patrons of the establishments in the theme park or entertainment |
| 51 | complex, which bathroom facilities must be within 300 feet of |
| 52 | each establishment and must be equipped with a diaper-changing |
| 53 | table. |
| 54 | 4. A public food service establishment that seats 10 |
| 55 | persons or fewer shall provide a minimum of one bathroom that is |
| 56 | accessible to the public and is equipped with a diaper-changing |
| 57 | table. |
| 58 | 5. A public food service establishment that is located |
| 59 | within a public lodging establishment may provide public |
| 60 | bathrooms located within the public lodging establishment if |
| 61 | such bathrooms are available for use by the patrons of the |
| 62 | public food service establishment during all hours of operation, |
| 63 | are within 300 feet of the public food service establishment, |
| 64 | are equipped with a diaper-changing table, and are located on |
| 65 | the same floor as the public food service establishment. |
| 66 | (b) As used in this subsection, the term "diaper-changing |
| 67 | table" means a sturdy table or an elevated surface that has a |
| 68 | changing surface that is at least 36 inches above floor level |
| 69 | and is not used for any purpose other than diaper changing. In |
| 70 | addition, the diaper-changing table must be adjacent to or near |
| 71 | the bathroom sink, must have a clean, moisture-proof surface, |
| 72 | must be sturdy and maintained in good repair, and must be kept |
| 73 | free of all objects except those used for diaper changing. |
| 74 | (c) The division must establish by rule procedures for |
| 75 | inspecting diaper-changing tables and procedures for |
| 76 | disinfecting diaper-changing tables and disposing of soiled |
| 77 | diapers. |
| 78 | (10)(9) Subsections (2), (5), and (7) (6) do not apply to |
| 79 | any facility or unit classified as a resort condominium, |
| 80 | nontransient apartment, or resort dwelling as described in s. |
| 81 | 509.242(1)(c), (d), and (g). |
| 82 | Section 2. This act shall take effect July 1, 2004. |