HB 1109

1	A bill to be entitled
2	An act relating to public lodging and public food service
3	establishments; amending s. 509.013, F.S.; revising and
4	adding definitions; amending s. 509.032, F.S.; eliminating
5	the requirement for the Division of Hotels and Restaurants
6	to assist the State Fire Marshal in updating the Florida
7	Fire Prevention Code; eliminating the requirement for the
8	division to enforce the Florida Fire Prevention Code in
9	conducting its inspections; revising state preemption
10	authority; amending s. 509.039, F.S.; removing a time
11	limit for obtaining food service manager certification
12	after employment; amending s. 509.101, F.S.; deleting the
13	requirement that a transient establishment maintain a copy
14	of ch. 509, F.S., on its premises; repealing s. 509.201,
15	F.S., relating to public lodging establishment room rate
16	posting and filing requirements, room rate advertisement
17	requirements, and related exemptions and penalties;
18	amending s. 509.211, F.S.; deleting requirement for
19	division notification of local firesafety officials or the
20	State Fire Marshal of violations of rules under ch. 633,
21	F.S.; amending s. 509.221, F.S.; providing that certain
22	sanitary regulations for a public lodging establishment
23	for its guests and employees and for a public food service
24	establishment for its employees be in compliance with the
25	Florida Building Code as approved by the local authority
26	having jurisdiction; providing for wastewater disposal
27	procedures for public food service establishments;
28	requiring public lodging establishment and public food
29	service establishment public restroom requirements to be
30	in accordance with the Florida Building Code as approved
31	by the local authority having jurisdiction; amending s.
32	509.242, F.S.; clarifying public lodging establishment
33	classifications; amending s. 509.261, F.S.; authorizing
34	the division to levy sanctions for failing to comply with
35	final orders of the division; authorizing the division to
36	require payment of outstanding fines before renewing or
37	issuing a license; providing an effective date.
38
39	Be It Enacted by the Legislature of the State of Florida:
40
41	Section 1.  Subsections (4) and (12) of section 509.013,
42	Florida Statutes, are amended, and subsections (14) through (16)
43	are added to that section, to read:
44	509.013  Definitions.--As used in this chapter, the term:
45	(4)(a)  "Public lodging establishment" includes a transient
46	public lodging establishment as defined in subparagraph 1. and a
47	nontransient public lodging establishment as defined in
48	subparagraph 2. means any unit, group of units, dwelling,
49	building, or group of buildings within a single complex of
50	buildings, which is rented to guests more than three times in a
51	calendar year for periods of less than 30 days or 1 calendar
52	month, whichever is less, or which is advertised or held out to
53	the public as a place regularly rented to guests.
54	1.  "Transient public lodging establishment" means any
55	unit, group of units, dwelling, building, or group of buildings
56	within a single complex of buildings which is rented to guests
57	more than three times in a calendar year for periods of less
58	than 30 days or 1 calendar month, whichever is less, or which is
59	advertised or held out to the public as a place regularly rented
60	to guests.
61	2.  "Nontransient public lodging establishment" means any
62	unit, group of units, dwelling, building, or group of buildings
63	within a single complex of buildings which is rented to guests
64	for periods of at least 30 days or 1 calendar month, whichever
65	is less, or which is advertised or held out to the public as a
66	place regularly rented to guests for periods of at least 30 days
67	or 1 calendar month.
68
69	License classifications of public lodging establishments, and
70	the definitions therefor, are set out in s. 509.242. For the
71	purpose of licensure, the term does not include condominium
72	common elements as defined in s. 718.103.
73	(b)  The following are excluded from the definitions
74	definition in paragraph (a):
75	1.  Any dormitory or other living or sleeping facility
76	maintained by a public or private school, college, or university
77	for the use of students, faculty, or visitors;
78	2.  Any hospital, nursing home, sanitarium, assisted living
79	facility, or other similar place;
80	3.  Any place renting four rental units or less, unless the
81	rental units are advertised or held out to the public to be
82	places that are regularly rented to transients;
83	4.  Any unit or group of units in a condominium,
84	cooperative, or timeshare plan and any individually or
85	collectively owned one-family, two-family, three-family, or
86	four-family dwelling house or dwelling unit that is rented for
87	periods of at least 30 days or 1 calendar month, whichever is
88	less, and that is not advertised or held out to the public as a
89	place regularly rented for periods of less than 1 calendar
90	month, provided that no more than four rental units within a
91	single complex of buildings are available for rent;
92	5.  Any migrant labor camp or residential migrant housing
93	permitted by the Department of Health; under ss. 381.008-
94	381.00895; and
95	6.  Any establishment inspected by the Department of Health
96	and regulated by chapter 513.
97	(12)  "Transient occupancy" means occupancy when it is the
98	intention of the parties that the occupancy will be temporary.
99	There is a rebuttable presumption that, when the dwelling unit
100	occupied is the sole residence of the guest, the occupancy is
101	nontransient. There is a rebuttable presumption that, when the
102	dwelling unit occupied is not the sole residence of the guest,
103	the occupancy is transient.
104	(14)  "Nontransient establishment" means any public lodging
105	establishment that is rented or leased to guests by an operator
106	whose intention is that the dwelling unit occupied will be the
107	sole residence of the guest.
108	(15)  "Nontransient occupancy" means occupancy when it is
109	the intention of the parties that the occupancy will not be
110	temporary. There is a rebuttable presumption that when the
111	dwelling unit occupied is the sole residence of the guest, the
112	occupancy is nontransient.
113	(16)  "Nontransient" means a guest in nontransient
114	occupancy.
115	Section 2.  Paragraph (d) of subsection (2) and subsection
116	(7) of section 509.032, Florida Statutes, are amended to read:
117	509.032  Duties.--
118	(2)  INSPECTION OF PREMISES.--
119	(d)  The division shall adopt and enforce sanitation rules
120	consistent with law to ensure the protection of the public from
121	food-borne illness in those establishments licensed under this
122	chapter. These rules shall provide the standards and
123	requirements for obtaining, storing, preparing, processing,
124	serving, or displaying food in public food service
125	establishments, approving public food service establishment
126	facility plans, conducting necessary public food service
127	establishment inspections for compliance with sanitation
128	regulations, cooperating and coordinating with the Department of
129	Health in epidemiological investigations, and initiating
130	enforcement actions, and for other such responsibilities deemed
131	necessary by the division. The division may not establish by
132	rule any regulation governing the design, construction,
133	erection, alteration, modification, repair, or demolition of any
134	public lodging or public food service establishment. It is the
135	intent of the Legislature to preempt that function to the
136	Florida Building Commission and the State Fire Marshal through
137	adoption and maintenance of the Florida Building Code and the
138	Florida Fire Prevention Code. The division shall provide
139	technical assistance to the commission and the State Fire
140	Marshal in updating the construction standards of the Florida
141	Building Code and the Florida Fire Prevention Code which govern
142	public lodging and public food service establishments. Further,
143	the division shall enforce the provisions of the Florida
144	Building Code and the Florida Fire Prevention Code which apply
145	to public lodging and public food service establishments in
146	conducting any inspections authorized by this part.
147	(7)  PREEMPTION AUTHORITY.--The regulation of public
148	lodging establishments and public food service establishments,
149	including, but not limited to, the inspection of public lodging
150	establishments and public food service establishments for
151	compliance with the sanitation standards adopted under this
152	section, and the regulation of food safety protection standards
153	for required training and testing of food service establishment
154	personnel are preempted to the state. This subsection does not
155	preempt the authority of a local government or local enforcement
156	district to conduct inspections of public lodging and public
157	food service establishments for compliance with the Florida
158	Building Code and the Florida Fire Prevention Code, pursuant to
159	ss. 553.80 and 633.022.
160	Section 3.  Section 509.039, Florida Statutes, is amended
161	to read:
162	509.039  Food service manager certification.--It is the
163	duty of the division to adopt, by rule, food safety protection
164	standards for the training and certification of all food service
165	managers who are responsible for the storage, preparation,
166	display, or serving of foods to the public in establishments
167	regulated under this chapter. The standards adopted by the
168	division shall be consistent with the Standards for
169	Accreditation of Food Protection Manager Certification Programs
170	adopted by the Conference for Food Protection. These standards
171	are to be adopted by the division to ensure that, upon
172	successfully passing a test, approved by the Conference for Food
173	Protection, a manager of a food service establishment shall have
174	demonstrated a knowledge of basic food protection practices. The
175	division may contract with an organization offering a training
176	and certification program that complies with division standards
177	and results in a certification recognized by the Conference for
178	Food Protection to conduct an approved test and certify all test
179	results to the division. Other organizations offering programs
180	that meet the same requirements may also conduct approved tests
181	and certify all test results to the division. The division may
182	charge the organization it contracts with a fee of not more than
183	$5 per certified test to cover the administrative costs of the
184	division for the food service manager training and certification
185	program. All managers employed by a food service establishment
186	must have passed an approved test and received a certificate
187	attesting thereto. Managers have a period of 90 days after
188	employment to pass the required test. The ranking of food
189	service establishments is also preempted to the state; provided,
190	however, that any local ordinances establishing a ranking system
191	in existence prior to October 1, 1988, may remain in effect.
192	Section 4.  Subsections (1) and (2) of section 509.101,
193	Florida Statutes, is amended to read:
194	509.101  Establishment rules; posting of notice; food
195	service inspection report; maintenance of guest register; mobile
196	food dispensing vehicle registry.--
197	(1)  Any operator of a public lodging establishment or a
198	public food service establishment may establish reasonable rules
199	and regulations for the management of the establishment and its
200	guests and employees; and each guest or employee staying,
201	sojourning, eating, or employed in the establishment shall
202	conform to and abide by such rules and regulations so long as
203	the guest or employee remains in or at the establishment. Such
204	rules and regulations shall be deemed to be a special contract
205	between the operator and each guest or employee using the
206	services or facilities of the operator. Such rules and
207	regulations shall control the liabilities, responsibilities, and
208	obligations of all parties. Any rules or regulations established
209	pursuant to this section shall be printed in the English
210	language and posted in a prominent place within such public
211	lodging establishment or public food service establishment. Such
212	posting shall also include notice that a current copy of this
213	chapter is available in the office for public review. In
214	addition, any operator of a public food service establishment
215	shall maintain the latest food service inspection report or a
216	duplicate copy on premises and shall make it available to the
217	public upon request.
218	(2)  It is the duty of each operator of a transient
219	establishment to maintain at all times a register, signed by or
220	for guests who occupy rental units within the establishment,
221	showing the dates upon which the rental units were occupied by
222	such guests and the rates charged for their occupancy. This
223	register shall be maintained in chronological order and
224	available for inspection by the division at any time. Operators
225	need not make available registers which are more than 2 years
226	old. Each operator shall maintain at all times a current copy of
227	this chapter in the office of the licensed establishment which
228	shall be made available to the public upon request.
229	Section 5.  Section 509.201, Florida Statutes, is repealed.
230	Section 6.  Subsections (2) through (5) of section 509.211,
231	Florida Statutes, are amended to read:
232	509.211  Safety regulations.--
233	(2)  The division, or its agent, shall immediately notify
234	the local firesafety authority or the State Fire Marshal of any
235	major violation of a rule adopted under chapter 633 which
236	relates to public lodging establishments or public food service
237	establishments. The division may impose administrative sanctions
238	for violations of these rules pursuant to s. 509.261 or may
239	refer such violations to the local firesafety authorities for
240	enforcement.
241	(2)(3)(a)  It is unlawful for any person to use within any
242	public lodging establishment or public food service
243	establishment any fuel-burning wick-type equipment for space
244	heating unless such equipment is vented so as to prevent the
245	accumulation of toxic or injurious gases or liquids.
246	(b)  Any person who violates the provisions of paragraph
247	(a) commits is guilty of a misdemeanor of the second degree,
248	punishable as provided in s. 775.082 or s. 775.083.
249	(3)(4)  Each public lodging establishment that is three or
250	more stories in height must have safe and secure railings on all
251	balconies, platforms, and stairways, and all such railings must
252	be properly maintained and repaired. The division may impose
253	administrative sanctions for violations of this subsection
254	pursuant to s. 509.261.
255	(4)(5)  Every enclosed space or room that contains a boiler
256	regulated under chapter 554 which is fired by the direct
257	application of energy from the combustion of fuels and that is
258	located in any portion of a public lodging establishment that
259	also contains sleeping rooms shall be equipped with one or more
260	carbon monoxide sensor devices that bear the label of a
261	nationally recognized testing laboratory and have been tested
262	and listed as complying with the most recent Underwriters
263	Laboratories, Inc., Standard 2034, or its equivalent, unless it
264	is determined that carbon monoxide hazards have otherwise been
265	adequately mitigated as determined by the division. Such devices
266	shall be integrated with the public lodging establishment's fire
267	detection system. Any such installation or determination shall
268	be made in accordance with rules adopted by the division.
269	Section 7.  Subsections (1) and (5) and paragraph (a) of
270	subsection (2) of section 509.221, Florida Statutes, are amended
271	to read:
272	509.221  Sanitary regulations.--
273	(1)(a)  Each public lodging establishment and each public
274	food service establishment shall be supplied with potable water
275	and shall provide adequate sanitary facilities for the
276	accommodation of its employees and guests. Such facilities may
277	include, but are not limited to, showers, handwash basins,
278	toilets, and bidets. Such sanitary facilities shall be connected
279	to approved plumbing. Such plumbing shall be sized, installed,
280	and maintained in accordance with the Florida Building Code as
281	approved by the local plumbing authority or other local
282	authority having jurisdiction. Wastewater or sewage shall be
283	properly treated onsite or discharged into an approved sewage
284	collection and treatment system.
285	(b)  Each public food service establishment shall be
286	supplied with potable water and shall provide adequate sanitary
287	facilities for the accommodation of its employees. Such
288	facilities may include, but are not limited to, showers,
289	handwash basins, toilets, and bidets. Such sanitary facilities
290	shall be connected to approved plumbing. Such plumbing shall be
291	sized, installed, and maintained in accordance with the Florida
292	Building Code as approved by the local plumbing authority or
293	other local authority having jurisdiction. Wastewater or sewage
294	shall be properly treated onsite or discharged into an approved
295	sewage collection and treatment system.
296	(2)(a)  Each public lodging establishment and each public
297	food service establishment shall maintain not less than one
298	public bathroom facilities in accordance with the Florida
299	Building Code as approved by the local plumbing authority or
300	other local authority having jurisdiction for each sex, properly
301	designated, unless otherwise provided by rule. The division
302	shall establish by rule categories of establishments not subject
303	to the bathroom requirement of this paragraph. Such rules may
304	not alter the exemption provided for theme parks in paragraph
305	(b).
306	(5)  Each transient public lodging establishment and each
307	public food service establishment shall provide in the main
308	public bathroom soap and clean towels or other approved hand-
309	drying devices and each public lodging establishment shall
310	furnish each guest with two clean individual towels so that two
311	guests will not be required to use the same towel unless it has
312	first been laundered. Each public food service establishment
313	shall provide in the employee bathroom and any public bathroom
314	soap and clean towels or other approved hand-drying devices.
315	Section 8.  Paragraphs (d) and (e) of subsection (1) of
316	section 509.242, Florida Statutes, are amended to read:
317	509.242  Public lodging establishments; classifications.--
318	(1)  A public lodging establishment shall be classified as
319	a hotel, motel, resort condominium, nontransient apartment,
320	transient apartment, roominghouse, bed and breakfast inn, or
321	resort dwelling if the establishment satisfies the following
322	criteria:
323	(d)  Nontransient apartment or roominghouse.--A
324	nontransient apartment or roominghouse is a any apartment
325	building or complex of buildings in which 75 percent or more of
326	the units are available for rent to nontransient tenants.
327	(e)  Transient apartment or roominghouse.--A transient
328	apartment or roominghouse is a any apartment building or complex
329	of buildings in which more than 25 percent of the units are
330	advertised or held out to the public as available for transient
331	occupancy.
332	Section 9.  Subsections (8) and (9) are added to section
333	509.261, Florida Statutes, to read:
334	509.261  Revocation or suspension of licenses; fines;
335	procedure.--
336	(8)  The division may fine, suspend, or revoke the license
337	of any public lodging establishment or public food service
338	establishment when the establishment is not in compliance with
339	the requirements of a final order or other administrative action
340	issued against the licensee by the division.
341	(9)  The division may refuse to issue or renew the license
342	of any public lodging establishment or public food service
343	establishment until all outstanding fines are paid in full to
344	the division as required by all final orders or other
345	administrative action issued against the licensee by the
346	division.
347	Section 10.  This act shall take effect July 1, 2008.

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