| 1 | The Local Government Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to public food service establishments; |
| 7 | providing legislative findings and intent; creating s. |
| 8 | 509.233, F.S.; creating a pilot program that authorizes |
| 9 | municipalities to adopt an ordinance establishing a local |
| 10 | exemption to certain provisions of general law and agency |
| 11 | rules relating to public food service establishments in |
| 12 | order to permit patrons' dogs at certain designated |
| 13 | outdoor portions of such establishments; providing for |
| 14 | implementation and enforcement procedures; providing for |
| 15 | state assistance; providing for future review and repeal; |
| 16 | providing an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Findings and intent.--The Legislature finds and |
| 21 | declares: |
| 22 | (1) Chapter 509, Florida Statutes, requires the Division |
| 23 | of Hotels and Restaurants of the Department of Business and |
| 24 | Professional Regulation to carry out all laws and rules relating |
| 25 | to the inspection and regulation of public food service |
| 26 | establishments for the purpose of safeguarding the public |
| 27 | health, safety, and welfare. |
| 28 | (2) Section 509.013(5), Florida Statutes, defines "public |
| 29 | food service establishment" as "any building, vehicle, place, or |
| 30 | structure, or any room or division in a building, vehicle, |
| 31 | place, or structure where food is prepared, served, or sold for |
| 32 | immediate consumption on or in the vicinity of the premises; |
| 33 | called for or taken out by customers; or prepared prior to being |
| 34 | delivered to another location for consumption." |
| 35 | (3) Section 509.032, Florida Statutes, requires the |
| 36 | Division of Hotels and Restaurants of the Department of Business |
| 37 | and Professional Regulation to adopt and enforce such rules as |
| 38 | are necessary to ensure the protection of the public from food- |
| 39 | borne illness in public food service establishments. |
| 40 | (4) Section 509.032, Florida Statutes, further requires |
| 41 | the Division of Hotels and Restaurants of the Department of |
| 42 | Business and Professional Regulation to adopt such rules in |
| 43 | order to "provide the standards and requirements for obtaining, |
| 44 | storing, preparing, processing, serving, or displaying food in |
| 45 | public food service establishments, approving public food |
| 46 | service establishment facility plans, conducting necessary |
| 47 | public food service establishment inspections for compliance |
| 48 | with sanitation regulations, cooperating and coordinating with |
| 49 | the Department of Health in epidemiological investigations, and |
| 50 | initiating enforcement actions, and for other such |
| 51 | responsibilities deemed necessary by the division." |
| 52 | (5) Pursuant to the grant of rulemaking authority cited in |
| 53 | s. 509.032, Florida Statutes, the Division of Hotels and |
| 54 | Restaurants of the Department of Business and Professional |
| 55 | Regulation has adopted by rule sanitation and safety |
| 56 | requirements of public food service establishments, including |
| 57 | requirements relating to physical facilities, which adopts by |
| 58 | reference certain portions of the Food and Drug Administration |
| 59 | Food Code, as amended from time to time, as developed by the |
| 60 | Food and Drug Administration of the United States Department of |
| 61 | Health and Human Services. |
| 62 | (6) The Food and Drug Administration Food Code generally |
| 63 | prohibits live animals from public food service establishments. |
| 64 | (7) Section 509.032(7), Florida Statutes, expressly |
| 65 | preempts to the state regulation of public lodging |
| 66 | establishments and public food service establishments for |
| 67 | compliance with the sanitation standards adopted by the Division |
| 68 | of Hotels and Restaurants of the Department of Business and |
| 69 | Professional Regulation. |
| 70 | (8) Section 509.032(7), Florida Statutes, expressly limits |
| 71 | the general home rule powers of local governments as it relates |
| 72 | to the regulation of public food service establishments. |
| 73 | (9) The purpose of this act is to establish a 3-year pilot |
| 74 | program to allow participating municipalities to enact an |
| 75 | ordinance establishing procedures by which public food service |
| 76 | establishments could become exempt from certain portions of the |
| 77 | Food and Drug Administration Food Code and allow patrons' dogs |
| 78 | within certain designated outdoor portions of their respective |
| 79 | establishments. |
| 80 | Section 2. Section 509.233, Florida Statutes, is created |
| 81 | to read: |
| 82 | 509.233 Public food service establishment requirements; |
| 83 | local exemption for dogs in designated outdoor portions; pilot |
| 84 | program.-- |
| 85 | (1) INTENT.--It is the intent of the Legislature by this |
| 86 | section to establish a 3-year pilot program for municipalities |
| 87 | to allow patrons' dogs within certain designated outdoor |
| 88 | portions of public food service establishments. |
| 89 | (2) LOCAL EXEMPTION AUTHORIZED.--Notwithstanding s. |
| 90 | 509.032(7), the governing body of a municipality participating |
| 91 | in the pilot program is authorized to establish, by ordinance, a |
| 92 | local exemption procedure to certain provisions of the Food and |
| 93 | Drug Administration Food Code, as currently adopted by the |
| 94 | division, in order to allow patrons' dogs within certain |
| 95 | designated outdoor portions of public food service |
| 96 | establishments. |
| 97 | (3) LOCAL DISCRETION; CODIFICATION.-- |
| 98 | (a) The adoption of the local exemption procedure shall be |
| 99 | at the sole discretion of the governing body of a participating |
| 100 | municipality. Nothing in this section shall be construed to |
| 101 | require or compel a municipal governing body to adopt an |
| 102 | ordinance pursuant to this section. |
| 103 | (b) Any ordinance adopted pursuant to this section shall |
| 104 | provide for codification within the land development code of a |
| 105 | participating municipality. |
| 106 | (4) LIMITATIONS ON EXEMPTION; PERMIT REQUIREMENTS.-- |
| 107 | (a) Any local exemption procedure adopted pursuant to this |
| 108 | section shall only provide a variance to those portions of the |
| 109 | currently adopted Food and Drug Administration Food Code in |
| 110 | order to allow patrons' dogs within certain designated outdoor |
| 111 | portions of public food service establishments. |
| 112 | (b) In order to protect the health, safety, and general |
| 113 | welfare of the public, the local exemption procedure shall |
| 114 | require participating public food service establishments to |
| 115 | apply for and receive a permit from the governing body of the |
| 116 | municipality before allowing patrons' dogs on their premises. |
| 117 | The municipality shall require from the applicant such |
| 118 | information as the municipality deems reasonably necessary to |
| 119 | enforce the provisions of this section, but shall require, at a |
| 120 | minimum, the following information: |
| 121 | 1. The name, location, and mailing address of the public |
| 122 | food service establishment. |
| 123 | 2. The name, mailing address, and telephone contact |
| 124 | information of the permit applicant. |
| 125 | 3. A diagram and description of the outdoor area to be |
| 126 | designated as available to patrons' dogs, including dimensions |
| 127 | of the designated area; a depiction of the number and placement |
| 128 | of tables, chairs, and restaurant equipment, if any; the |
| 129 | entryways and exits to the designated outdoor area; the |
| 130 | boundaries of the designated area and of other areas of outdoor |
| 131 | dining not available for patrons' dogs; any fences or other |
| 132 | barriers; surrounding property lines and public rights-of-way, |
| 133 | including sidewalks and common pathways; and such other |
| 134 | information reasonably required by the permitting authority. The |
| 135 | diagram or plan shall be accurate and to scale but need not be |
| 136 | prepared by a licensed design professional. |
| 137 | 4. A description of the days of the week and hours of |
| 138 | operation that patrons' dogs will be permitted in the designated |
| 139 | outdoor area. |
| 140 | (c) In order to protect the health, safety, and general |
| 141 | welfare of the public, the local exemption ordinance shall |
| 142 | include such regulations and limitations as deemed necessary by |
| 143 | the participating municipality and shall include, but not be |
| 144 | limited to, the following requirements: |
| 145 | 1. All public food service establishment employees shall |
| 146 | wash their hands promptly after touching, petting, or otherwise |
| 147 | handling dogs. Employees shall be prohibited from touching, |
| 148 | petting, or otherwise handling dogs while serving food or |
| 149 | beverages or handling tableware or before entering other parts |
| 150 | of the public food service establishment. |
| 151 | 2. Patrons in a designated outdoor area shall be advised |
| 152 | that they should wash their hands before eating. Waterless hand |
| 153 | sanitizer shall be provided at all tables in the designated |
| 154 | outdoor area. |
| 155 | 3. Employees and patrons shall be instructed that they |
| 156 | shall not allow dogs to come into contact with serving dishes, |
| 157 | utensils, tableware, linens, paper products, or any other items |
| 158 | involved in food service operations. |
| 159 | 4. Patrons shall keep their dogs on a leash at all times |
| 160 | and shall keep their dogs under reasonable control. |
| 161 | 5. Dogs shall not be allowed on chairs, tables, or other |
| 162 | furnishings. |
| 163 | 6. All table and chair surfaces shall be cleaned and |
| 164 | sanitized with an approved product between seating of patrons. |
| 165 | Spilled food and drink shall be removed from the floor or ground |
| 166 | between seating of patrons. |
| 167 | 7. Accidents involving dog waste shall be cleaned |
| 168 | immediately and the area sanitized with an approved product. A |
| 169 | kit with the appropriate materials for this purpose shall be |
| 170 | kept near the designated outdoor area. |
| 171 | 8. A sign or signs reminding employees of the applicable |
| 172 | rules shall be posted on premises in a manner and place as |
| 173 | determined by the local permitting authority. |
| 174 | 9. A sign or signs reminding patrons of the applicable |
| 175 | rules shall be posted on premises in a manner and place as |
| 176 | determined by the local permitting authority. |
| 177 | 10. A sign or signs shall be posted in a manner and place |
| 178 | as determined by the local permitting authority that places the |
| 179 | public on notice that the designated outdoor area is available |
| 180 | for the use of patrons and patrons' dogs. |
| 181 | 11. Dogs shall not be permitted to travel through indoor |
| 182 | or nondesignated outdoor portions of the public food service |
| 183 | establishment. |
| 184 | (d) A permit issued pursuant to this section shall not be |
| 185 | transferred to a subsequent owner upon the sale of a public food |
| 186 | service establishment but shall expire automatically upon the |
| 187 | sale of the establishment. The subsequent owner shall be |
| 188 | required to reapply for a permit pursuant to this section if the |
| 189 | subsequent owner wishes to continue to accommodate patrons' |
| 190 | dogs. |
| 191 | (5) POWERS; ENFORCEMENT.--Participating municipalities |
| 192 | shall have such powers as are reasonably necessary to regulate |
| 193 | and enforce the provisions of this section. |
| 194 | (6) STATE AND LOCAL COOPERATION.--The division shall |
| 195 | provide reasonable assistance to participating municipalities in |
| 196 | the development of enforcement procedures and regulations, and |
| 197 | participating municipalities shall monitor permitholders for |
| 198 | compliance in cooperation with the division. At a minimum, |
| 199 | participating municipalities shall establish a procedure to |
| 200 | accept, document, and respond to complaints and to timely report |
| 201 | to the division all such complaints and the participating |
| 202 | municipalities' enforcement responses to such complaints. A |
| 203 | participating municipality shall provide the division with a |
| 204 | copy of all approved applications and permits issued, and the |
| 205 | participating municipality shall require that all applications, |
| 206 | permits, and other related materials contain the appropriate |
| 207 | division-issued license number for each public food service |
| 208 | establishment. |
| 209 | (7) FUTURE REVIEW AND REPEAL.--This section shall expire |
| 210 | July 1, 2009, unless reviewed and saved from repeal through |
| 211 | reenactment by the Legislature. |
| 212 | Section 3. This act shall take effect July 1, 2006. |