CS/HB 1109

1
A bill to be entitled
2An act relating to public lodging and public food service
3establishments; amending s. 509.013, F.S.; revising and
4adding definitions; amending s. 509.032, F.S.; eliminating
5the requirement for the Division of Hotels and Restaurants
6to assist the State Fire Marshal in updating the Florida
7Fire Prevention Code; eliminating the requirement for the
8division to enforce the Florida Fire Prevention Code in
9conducting its inspections; requiring the division to
10notify firesafety officials of certain readily observable
11Florida Fire Prevention Code rule violations; revising
12state preemption authority; amending s. 509.039, F.S.;
13amending a time limit for obtaining food service manager
14certification after employment; requiring establishments
15to provide the division certain information upon request;
16amending s. 509.101, F.S.; deleting the requirement that a
17transient establishment maintain a copy of ch. 509, F.S.,
18on its premises; amending s. 509.142, F.S.; requiring the
19operator of a public lodging establishment or public food
20service establishment to accommodate any person using a
21child conveyance under certain circumstances; repealing s.
22509.201, F.S., relating to public lodging establishment
23room rate posting and filing requirements, room rate
24advertisement requirements, and related exemptions and
25penalties; amending s. 509.211, F.S.; deleting requirement
26for division notification of local firesafety officials or
27the State Fire Marshal of violations of rules under ch.
28633, F.S.; amending s. 509.221, F.S.; providing that
29certain sanitary regulations for a public lodging
30establishment for its guests and employees and for a
31public food service establishment for its employees be in
32compliance with the Florida Building Code as approved by
33the local authority having jurisdiction; providing for
34wastewater disposal procedures for public food service
35establishments; requiring public lodging establishment and
36public food service establishment public restroom
37requirements to be in accordance with the Florida Building
38Code as approved by the local authority having
39jurisdiction; amending s. 509.242, F.S.; clarifying public
40lodging establishment classifications; amending s.
41509.261, F.S.; authorizing the division to levy sanctions
42for failing to comply with final orders of the division;
43authorizing the division to require payment of outstanding
44fines before renewing or issuing a license; providing an
45effective date.
46
47Be It Enacted by the Legislature of the State of Florida:
48
49     Section 1.  Subsections (4) and (12) of section 509.013,
50Florida Statutes, are amended, and subsections (14) through (16)
51are added to that section, to read:
52     509.013  Definitions.--As used in this chapter, the term:
53     (4)(a)  "Public lodging establishment" includes a transient
54public lodging establishment as defined in subparagraph 1. and a
55nontransient public lodging establishment as defined in
56subparagraph 2. means any unit, group of units, dwelling,
57building, or group of buildings within a single complex of
58buildings, which is rented to guests more than three times in a
59calendar year for periods of less than 30 days or 1 calendar
60month, whichever is less, or which is advertised or held out to
61the public as a place regularly rented to guests.
62     1.  "Transient public lodging establishment" means any
63unit, group of units, dwelling, building, or group of buildings
64within a single complex of buildings which is rented to guests
65more than three times in a calendar year for periods of less
66than 30 days or 1 calendar month, whichever is less, or which is
67advertised or held out to the public as a place regularly rented
68to guests.
69     2.  "Nontransient public lodging establishment" means any
70unit, group of units, dwelling, building, or group of buildings
71within a single complex of buildings which is rented to guests
72for periods of at least 30 days or 1 calendar month, whichever
73is less, or which is advertised or held out to the public as a
74place regularly rented to guests for periods of at least 30 days
75or 1 calendar month.
76
77License classifications of public lodging establishments, and
78the definitions therefor, are set out in s. 509.242. For the
79purpose of licensure, the term does not include condominium
80common elements as defined in s. 718.103.
81     (b)  The following are excluded from the definitions
82definition in paragraph (a):
83     1.  Any dormitory or other living or sleeping facility
84maintained by a public or private school, college, or university
85for the use of students, faculty, or visitors;
86     2.  Any hospital, nursing home, sanitarium, assisted living
87facility, or other similar place;
88     3.  Any place renting four rental units or less, unless the
89rental units are advertised or held out to the public to be
90places that are regularly rented to transients;
91     4.  Any unit or group of units in a condominium,
92cooperative, or timeshare plan and any individually or
93collectively owned one-family, two-family, three-family, or
94four-family dwelling house or dwelling unit that is rented for
95periods of at least 30 days or 1 calendar month, whichever is
96less, and that is not advertised or held out to the public as a
97place regularly rented for periods of less than 1 calendar
98month, provided that no more than four rental units within a
99single complex of buildings are available for rent;
100     5.  Any migrant labor camp or residential migrant housing
101permitted by the Department of Health; under ss. 381.008-
102381.00895; and
103     6.  Any establishment inspected by the Department of Health
104and regulated by chapter 513.
105     (12)  "Transient occupancy" means occupancy when it is the
106intention of the parties that the occupancy will be temporary.
107There is a rebuttable presumption that, when the dwelling unit
108occupied is the sole residence of the guest, the occupancy is
109nontransient. There is a rebuttable presumption that, when the
110dwelling unit occupied is not the sole residence of the guest,
111the occupancy is transient.
112     (14)  "Nontransient establishment" means any public lodging
113establishment that is rented or leased to guests by an operator
114whose intention is that the dwelling unit occupied will be the
115sole residence of the guest.
116     (15)  "Nontransient occupancy" means occupancy when it is
117the intention of the parties that the occupancy will not be
118temporary. There is a rebuttable presumption that when the
119dwelling unit occupied is the sole residence of the guest, the
120occupancy is nontransient.
121     (16)  "Nontransient" means a guest in nontransient
122occupancy.
123     Section 2.  Paragraph (d) of subsection (2) and subsection
124(7) of section 509.032, Florida Statutes, are amended to read:
125     509.032  Duties.--
126     (2)  INSPECTION OF PREMISES.--
127     (d)  The division shall adopt and enforce sanitation rules
128consistent with law to ensure the protection of the public from
129food-borne illness in those establishments licensed under this
130chapter. These rules shall provide the standards and
131requirements for obtaining, storing, preparing, processing,
132serving, or displaying food in public food service
133establishments, approving public food service establishment
134facility plans, conducting necessary public food service
135establishment inspections for compliance with sanitation
136regulations, cooperating and coordinating with the Department of
137Health in epidemiological investigations, and initiating
138enforcement actions, and for other such responsibilities deemed
139necessary by the division. The division may not establish by
140rule any regulation governing the design, construction,
141erection, alteration, modification, repair, or demolition of any
142public lodging or public food service establishment. It is the
143intent of the Legislature to preempt that function to the
144Florida Building Commission and the State Fire Marshal through
145adoption and maintenance of the Florida Building Code and the
146Florida Fire Prevention Code. The division shall provide
147technical assistance to the commission and the State Fire
148Marshal in updating the construction standards of the Florida
149Building Code and the Florida Fire Prevention Code which govern
150public lodging and public food service establishments. Further,
151the division shall enforce the provisions of the Florida
152Building Code and the Florida Fire Prevention Code which apply
153to public lodging and public food service establishments in
154conducting any inspections authorized by this part. The division
155or its agent shall notify the local firesafety authority or the
156State Fire Marshal of any readily observable violation of a rule
157adopted under chapter 633 which relates to public lodging
158establishments or public food service establishments, and
159identification of such violation does not require any firesafety
160inspection certification.
161     (7)  PREEMPTION AUTHORITY.--The regulation of public
162lodging establishments and public food service establishments,
163including, but not limited to, the inspection of public lodging
164establishments and public food service establishments for
165compliance with the sanitation standards adopted under this
166section, and the regulation of food safety protection standards
167for required training and testing of food service establishment
168personnel are preempted to the state. This subsection does not
169preempt the authority of a local government or local enforcement
170district to conduct inspections of public lodging and public
171food service establishments for compliance with the Florida
172Building Code and the Florida Fire Prevention Code, pursuant to
173ss. 553.80 and 633.022.
174     Section 3.  Section 509.039, Florida Statutes, is amended
175to read:
176     509.039  Food service manager certification.--It is the
177duty of the division to adopt, by rule, food safety protection
178standards for the training and certification of all food service
179managers who are responsible for the storage, preparation,
180display, or serving of foods to the public in establishments
181regulated under this chapter. The standards adopted by the
182division shall be consistent with the Standards for
183Accreditation of Food Protection Manager Certification Programs
184adopted by the Conference for Food Protection. These standards
185are to be adopted by the division to ensure that, upon
186successfully passing a test, approved by the Conference for Food
187Protection, a manager of a food service establishment shall have
188demonstrated a knowledge of basic food protection practices. The
189division may contract with an organization offering a training
190and certification program that complies with division standards
191and results in a certification recognized by the Conference for
192Food Protection to conduct an approved test and certify all test
193results to the division. Other organizations offering programs
194that meet the same requirements may also conduct approved tests
195and certify all test results to the division. The division may
196charge the organization it contracts with a fee of not more than
197$5 per certified test to cover the administrative costs of the
198division for the food service manager training and certification
199program. All managers employed by a food service establishment
200must have passed an approved test and received a certificate
201attesting thereto. Managers have a period of 30 90 days after
202employment to pass the required test. All public food service
203establishments must provide the division with proof of food
204service manager certification upon request, including, but not
205limited to, at the time of any division inspection of the
206establishment. The ranking of food service establishments is
207also preempted to the state; provided, however, that any local
208ordinances establishing a ranking system in existence prior to
209October 1, 1988, may remain in effect.
210     Section 4.  Subsections (1) and (2) of section 509.101,
211Florida Statutes, is amended to read:
212     509.101  Establishment rules; posting of notice; food
213service inspection report; maintenance of guest register; mobile
214food dispensing vehicle registry.--
215     (1)  Any operator of a public lodging establishment or a
216public food service establishment may establish reasonable rules
217and regulations for the management of the establishment and its
218guests and employees; and each guest or employee staying,
219sojourning, eating, or employed in the establishment shall
220conform to and abide by such rules and regulations so long as
221the guest or employee remains in or at the establishment. Such
222rules and regulations shall be deemed to be a special contract
223between the operator and each guest or employee using the
224services or facilities of the operator. Such rules and
225regulations shall control the liabilities, responsibilities, and
226obligations of all parties. Any rules or regulations established
227pursuant to this section shall be printed in the English
228language and posted in a prominent place within such public
229lodging establishment or public food service establishment. Such
230posting shall also include notice that a current copy of this
231chapter is available in the office for public review. In
232addition, any operator of a public food service establishment
233shall maintain the latest food service inspection report or a
234duplicate copy on premises and shall make it available to the
235public upon request.
236     (2)  It is the duty of each operator of a transient
237establishment to maintain at all times a register, signed by or
238for guests who occupy rental units within the establishment,
239showing the dates upon which the rental units were occupied by
240such guests and the rates charged for their occupancy. This
241register shall be maintained in chronological order and
242available for inspection by the division at any time. Operators
243need not make available registers which are more than 2 years
244old. Each operator shall maintain at all times a current copy of
245this chapter in the office of the licensed establishment which
246shall be made available to the public upon request.
247     Section 5.  Section 509.142, Florida Statutes, is amended
248to read:
249     509.142  Conduct on premises; refusal of service.--The
250operator of a public lodging establishment or public food
251service establishment:
252     (1)  May refuse accommodations or service to any person
253whose conduct on the premises of the establishment displays
254intoxication, profanity, lewdness, or brawling; who indulges in
255language or conduct such as to disturb the peace or comfort of
256other guests; who engages in illegal or disorderly conduct; who
257illegally possesses or deals in controlled substances as defined
258in chapter 893; or whose conduct constitutes a nuisance. Such
259refusal may not be based upon race, creed, color, sex, physical
260disability, or national origin.
261     (2)  Shall accommodate any person using a child conveyance
262in a reasonable manner that does not pose a hazard to the safety
263or health of employees or other patrons.
264     Section 6.  Section 509.201, Florida Statutes, is repealed.
265     Section 7.  Subsections (2) through (5) of section 509.211,
266Florida Statutes, are amended to read:
267     509.211  Safety regulations.--
268     (2)  The division, or its agent, shall immediately notify
269the local firesafety authority or the State Fire Marshal of any
270major violation of a rule adopted under chapter 633 which
271relates to public lodging establishments or public food service
272establishments. The division may impose administrative sanctions
273for violations of these rules pursuant to s. 509.261 or may
274refer such violations to the local firesafety authorities for
275enforcement.
276     (2)(3)(a)  It is unlawful for any person to use within any
277public lodging establishment or public food service
278establishment any fuel-burning wick-type equipment for space
279heating unless such equipment is vented so as to prevent the
280accumulation of toxic or injurious gases or liquids.
281     (b)  Any person who violates the provisions of paragraph
282(a) commits is guilty of a misdemeanor of the second degree,
283punishable as provided in s. 775.082 or s. 775.083.
284     (3)(4)  Each public lodging establishment that is three or
285more stories in height must have safe and secure railings on all
286balconies, platforms, and stairways, and all such railings must
287be properly maintained and repaired. The division may impose
288administrative sanctions for violations of this subsection
289pursuant to s. 509.261.
290     (4)(5)  Every enclosed space or room that contains a boiler
291regulated under chapter 554 which is fired by the direct
292application of energy from the combustion of fuels and that is
293located in any portion of a public lodging establishment that
294also contains sleeping rooms shall be equipped with one or more
295carbon monoxide sensor devices that bear the label of a
296nationally recognized testing laboratory and have been tested
297and listed as complying with the most recent Underwriters
298Laboratories, Inc., Standard 2034, or its equivalent, unless it
299is determined that carbon monoxide hazards have otherwise been
300adequately mitigated as determined by the division. Such devices
301shall be integrated with the public lodging establishment's fire
302detection system. Any such installation or determination shall
303be made in accordance with rules adopted by the division.
304     Section 8.  Subsections (1) and (5) and paragraph (a) of
305subsection (2) of section 509.221, Florida Statutes, are amended
306to read:
307     509.221  Sanitary regulations.--
308     (1)(a)  Each public lodging establishment and each public
309food service establishment shall be supplied with potable water
310and shall provide adequate sanitary facilities for the
311accommodation of its employees and guests. Such facilities may
312include, but are not limited to, showers, handwash basins,
313toilets, and bidets. Such sanitary facilities shall be connected
314to approved plumbing. Such plumbing shall be sized, installed,
315and maintained in accordance with the Florida Building Code as
316approved by the local plumbing authority or other local
317authority having jurisdiction. Wastewater or sewage shall be
318properly treated onsite or discharged into an approved sewage
319collection and treatment system.
320     (b)  Each public food service establishment shall be
321supplied with potable water and shall provide adequate sanitary
322facilities for the accommodation of its employees. Such
323facilities may include, but are not limited to, showers,
324handwash basins, toilets, and bidets. Such sanitary facilities
325shall be connected to approved plumbing. Such plumbing shall be
326sized, installed, and maintained in accordance with the Florida
327Building Code as approved by the local plumbing authority or
328other local authority having jurisdiction. Wastewater or sewage
329shall be properly treated onsite or discharged into an approved
330sewage collection and treatment system.
331     (2)(a)  Each public lodging establishment and each public
332food service establishment shall maintain not less than one
333public bathroom facilities in accordance with the Florida
334Building Code as approved by the local plumbing authority or
335other local authority having jurisdiction for each sex, properly
336designated, unless otherwise provided by rule. The division
337shall establish by rule categories of establishments not subject
338to the bathroom requirement of this paragraph. Such rules may
339not alter the exemption provided for theme parks in paragraph
340(b).
341     (5)  Each transient public lodging establishment and each
342public food service establishment shall provide in the main
343public bathroom soap and clean towels or other approved hand-
344drying devices and each public lodging establishment shall
345furnish each guest with two clean individual towels so that two
346guests will not be required to use the same towel unless it has
347first been laundered. Each public food service establishment
348shall provide in the employee bathroom and any public bathroom
349soap and clean towels or other approved hand-drying devices.
350     Section 9.  Paragraphs (d) and (e) of subsection (1) of
351section 509.242, Florida Statutes, are amended to read:
352     509.242  Public lodging establishments; classifications.--
353     (1)  A public lodging establishment shall be classified as
354a hotel, motel, resort condominium, nontransient apartment,
355transient apartment, roominghouse, bed and breakfast inn, or
356resort dwelling if the establishment satisfies the following
357criteria:
358     (d)  Nontransient apartment or roominghouse.--A
359nontransient apartment or roominghouse is a any apartment
360building or complex of buildings in which 75 percent or more of
361the units are available for rent to nontransient tenants.
362     (e)  Transient apartment or roominghouse.--A transient
363apartment or roominghouse is a any apartment building or complex
364of buildings in which more than 25 percent of the units are
365advertised or held out to the public as available for transient
366occupancy.
367     Section 10.  Subsections (8) and (9) are added to section
368509.261, Florida Statutes, to read:
369     509.261  Revocation or suspension of licenses; fines;
370procedure.--
371     (8)  The division may fine, suspend, or revoke the license
372of any public lodging establishment or public food service
373establishment when the establishment is not in compliance with
374the requirements of a final order or other administrative action
375issued against the licensee by the division.
376     (9)  The division may refuse to issue or renew the license
377of any public lodging establishment or public food service
378establishment until all outstanding fines are paid in full to
379the division as required by all final orders or other
380administrative action issued against the licensee by the
381division.
382     Section 11.  This act shall take effect July 1, 2008.


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