| 1 | A bill to be entitled |
| 2 | An act relating to food store and food establishment |
| 3 | safety; amending s. 500.12, F.S.; revising existing |
| 4 | operating restrictions in an exception to certain food |
| 5 | permit requirements; amending s. 500.121, F.S.; |
| 6 | authorizing the Department of Agriculture and Consumer |
| 7 | Services to prohibit certain food establishments from |
| 8 | selling food under certain circumstances; providing an |
| 9 | 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. Paragraph (a) of subsection (1) of section |
| 14 | 500.12, Florida Statutes, is amended to read: |
| 15 | 500.12 Food permits; building permits.-- |
| 16 | (1)(a) A food permit from the department is required of |
| 17 | any person who operates a food establishment or retail food |
| 18 | store, except: |
| 19 | 1. Persons operating minor food outlets, including, but |
| 20 | not limited to, video stores, that sell commercially |
| 21 | prepackaged, nonpotentially hazardous, nonperishable food candy, |
| 22 | chewing gum, soda, or popcorn, provided the floor shelf space |
| 23 | used to display and store for those food items does not exceed |
| 24 | 200 square 12 linear feet, including food storage areas, and |
| 25 | provided no other food is sold, stored, processed, or served by |
| 26 | the minor food outlet. |
| 27 | 2. Persons subject to continuous, onsite federal or state |
| 28 | inspection. |
| 29 | 3. Persons selling only legumes in the shell, either |
| 30 | parched, roasted, or boiled. |
| 31 | Section 2. Subsection (1) of section 500.121, Florida |
| 32 | Statutes, is amended to read: |
| 33 | 500.121 Disciplinary procedures.-- |
| 34 | (1) In addition to the suspension procedures provided in |
| 35 | s. 500.12, the department may impose a fine not exceeding $5,000 |
| 36 | against any retail food store or food establishment that has |
| 37 | violated this chapter, which fine, when imposed and paid, shall |
| 38 | be deposited by the department into the General Inspection Trust |
| 39 | Fund. The department may revoke or suspend the permit of any |
| 40 | such retail food store or food establishment, or prohibit any |
| 41 | food establishment exempted from the permitting requirement |
| 42 | under s. 500.12(1)(a) from selling food, if it is satisfied that |
| 43 | the retail food store or food establishment has: |
| 44 | (a) Violated any of the provisions of this chapter. |
| 45 | (b) Violated or aided or abetted in the violation of any |
| 46 | law of this state governing or applicable to retail food stores |
| 47 | or food establishments or any lawful rules of the department. |
| 48 | (c) Knowingly committed, or been a party to, any material |
| 49 | fraud, misrepresentation, conspiracy, collusion, trick, scheme, |
| 50 | or device whereby any other person, lawfully relying upon the |
| 51 | word, representation, or conduct of a retail food store or food |
| 52 | establishment, acts to her or his injury or damage. |
| 53 | (d) Committed any act or conduct of the same or different |
| 54 | character than that enumerated which constitutes fraudulent or |
| 55 | dishonest dealing. |
| 56 | Section 3. This act shall take effect upon becoming a law. |