Senate Bill sb1584c1

    Florida Senate - 2004                           CS for SB 1584

    By the Committee on Regulated Industries; and Senator
    Wasserman Schultz




    315-2297-04

  1                      A bill to be entitled

  2         An act relating to sanitary regulations;

  3         amending s. 509.221, F.S.; requiring food

  4         service establishments issued a license on or

  5         after a specified date to provide

  6         diaper-changing tables; providing exceptions;

  7         defining terms; providing requirements for

  8         diaper-changing tables; requiring the Division

  9         of Hotels and Restaurants of the Department of

10         Business and Professional Regulation to adopt

11         rules; providing an exception; providing an

12         effective date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Subsections (6), (7), (8), and (9) of

17  section 509.221, Florida Statutes, are redesignated as

18  subsections (7), (8), (9), and (10), respectively, a new

19  subsection (6) is added to that section, and subsection (1)

20  and redesignated subsection (10) of that section are amended,

21  to read:

22         509.221  Sanitary regulations.--

23         (1)  Each public lodging establishment and each public

24  food service establishment shall be supplied with potable

25  water and shall provide adequate sanitary facilities for the

26  accommodation of its employees and guests. Such facilities may

27  include, but are not limited to, showers, handwash basins,

28  diaper-changing tables, toilets, and bidets. Such sanitary

29  facilities shall be connected to approved plumbing. Such

30  plumbing shall be sized, installed, and maintained in

31  accordance with the Florida Building Code. Wastewater or

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1584
    315-2297-04




 1  sewage shall be properly treated onsite or discharged into an

 2  approved sewage collection and treatment system.

 3         (6)(a)  Each public food service establishment licensed

 4  on or after January 1, 2005, and each public food service

 5  establishment issued a renewal license on or after that date

 6  shall provide a diaper-changing table in each properly

 7  designated public bathroom, except that if it is determined by

 8  the division that a public food service establishment has

 9  public bathrooms that are too small to accommodate a

10  diaper-changing table or that the installation of a

11  diaper-changing table would impede the public food service

12  establishment's compliance with the Americans with

13  Disabilities Act, the establishment need not provide a

14  diaper-changing table. The division shall adopt rules to

15  administer this paragraph.

16         (b)  As used in this subsection, the term

17  "diaper-changing table" means a sturdy table or an elevated

18  surface that has a changing surface that is at least 36 inches

19  above floor level and is not used for any purpose other than

20  diaper changing. In addition, the diaper-changing table must

21  be adjacent to or near the bathroom sink, must have a clean,

22  moisture-proof surface, must be sturdy and maintained in good

23  repair, and must be kept free of all objects except those used

24  for diaper changing.

25         (c)  The division must establish by rule procedures for

26  inspecting diaper-changing tables and procedures for

27  disinfecting diaper-changing tables and disposing of soiled

28  diapers.

29         (d)  This subsection does not apply to a vendor

30  licensed under s. 565.02(1)(b)-(f) or an establishment that

31  prohibits persons under 18 years of age on the premises.

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    Florida Senate - 2004                           CS for SB 1584
    315-2297-04




 1         (10)(9)  Subsections (2), (5), and (7) (6) do not apply

 2  to any facility or unit classified as a resort condominium,

 3  nontransient apartment, or resort dwelling as described in s.

 4  509.242(1)(c), (d), and (g).

 5         Section 2.  This act shall take effect July 1, 2004.

 6  

 7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 8                         Senate Bill 1584

 9                                 

10  The committee substitute requires a diaper-changing table in
    each properly designated public bathroom.  It exempts from the
11  requirement any public bathroom in a public food service
    establishment that the Division of Hotels and Restaurants
12  (division) determines is too small to accommodate a
    diaper-changing table or that the installation of the table
13  would impede compliance with the Americans with Disabilities
    Act.  The committee substitute authorizes the division to
14  adopt rules to administer the diaper-changing table
    requirement.
15  
    The committee substitute exempts from the diaper-changing
16  table requirement any public food service establishment that
    is licensed as an alcoholic beverages vendor under s.
17  565.02(1)(b)-(f), F.S., or is an establishment that prohibits
    persons under 18 years of age on the premises.  The committee
18  substitute deletes the exceptions from the public bathroom
    requirement.
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