Florida Senate - 2008 SB 2016
By Senator Aronberg
27-03447B-08 20082016__
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A bill to be entitled
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An act relating to public lodging and public food service
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establishments; amending s. 509.013, F.S.; revising and
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adding definitions; amending s. 509.032, F.S.; eliminating
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the requirement for the Division of Hotels and Restaurants
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to assist the State Fire Marshal in updating the Florida
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Fire Prevention Code; eliminating the requirement for the
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division to enforce the Florida Fire Prevention Code in
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conducting its inspections; amending s. 509.039, F.S.;
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removing a time limit for obtaining food service manager
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certification after employment; amending s. 509.101, F.S.;
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deleting the requirement that a transient establishment
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maintain a copy of ch. 509, F.S., on its premises;
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repealing s. 509.201, F.S., relating to public lodging
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establishment room rate posting and filing requirements,
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room rate advertisement requirements, and related
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exemptions and penalties; amending s. 509.211, F.S.;
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deleting a requirement for division notification of local
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firesafety officials or the State Fire Marshal of
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violations of rules under ch. 633, F.S.; eliminating
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enforcement authority of the division; amending s.
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509.221, F.S.; providing that certain sanitary regulations
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for a public lodging establishment for its guests and
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employees and for a public food service establishment for
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its employees be in compliance with the Florida Building
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Code as approved by the local authority having
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jurisdiction; providing for wastewater disposal procedures
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for public food service establishments; requiring public
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lodging establishment and public food service
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establishment public restroom requirements to be in
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accordance with the Florida Building Code as approved by
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the local authority having jurisdiction; amending s.
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509.242, F.S.; clarifying public lodging establishment
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classifications; amending s. 509.261, F.S.; authorizing
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the division to levy sanctions for failing to comply with
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final orders of the division; authorizing the division to
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require payment of outstanding fines before renewing or
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issuing a license; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsections (4) and (12) of section 509.013,
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Florida Statutes, are amended, and subsections (14) through (16)
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are added to that section, to read:
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509.013 Definitions.--As used in this chapter, the term:
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(4)(a) "Public lodging establishment" includes a transient
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public lodging establishment as defined in subparagraph 1. and a
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nontransient public lodging establishment as defined in
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subparagraph 2. means any unit, group of units, dwelling,
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building, or group of buildings within a single complex of
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buildings, which is rented to guests more than three times in a
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calendar year for periods of less than 30 days or 1 calendar
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month, whichever is less, or which is advertised or held out to
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the public as a place regularly rented to guests.
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1. "Transient public lodging establishment" means any unit,
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group of units, dwelling, building, or group of buildings within
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a single complex of buildings which is rented to guests more than
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three times in a calendar year for periods of less than 30 days
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or 1 calendar month, whichever is less, or which is advertised or
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held out to the public as a place regularly rented to guests.
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2. "Nontransient public lodging establishment" means any
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unit, group of units, dwelling, building, or group of buildings
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within a single complex of buildings which is rented to guests
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for periods of at least 30 days or 1 calendar month, whichever is
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less, or which is advertised or held out to the public as a place
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regularly rented to guests for periods of at least 30 days or 1
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calendar month.
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License classifications of public lodging establishments, and the
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definitions therefor, are set out in s. 509.242. For the purpose
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of licensure, the term does not include condominium common
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elements as defined in s. 718.103.
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(b) The following are excluded from the definitions
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definition in paragraph (a):
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1. Any dormitory or other living or sleeping facility
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maintained by a public or private school, college, or university
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for the use of students, faculty, or visitors;
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2. Any hospital, nursing home, sanitarium, assisted living
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facility, or other similar place;
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3. Any place renting four rental units or less, unless the
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rental units are advertised or held out to the public to be
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places that are regularly rented to transients;
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4. Any unit or group of units in a condominium,
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cooperative, or timeshare plan and any individually or
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collectively owned one-family, two-family, three-family, or four-
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family dwelling house or dwelling unit that is rented for periods
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of at least 30 days or 1 calendar month, whichever is less, and
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that is not advertised or held out to the public as a place
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regularly rented for periods of less than 1 calendar month,
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provided that no more than four rental units within a single
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complex of buildings are available for rent;
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5. Any migrant labor camp or residential migrant housing
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permitted by the Department of Health; under ss. 381.008-
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381.00895; and
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6. Any establishment inspected by the Department of Health
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and regulated by chapter 513.
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(12) "Transient occupancy" means occupancy when it is the
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intention of the parties that the occupancy will be temporary.
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There is a rebuttable presumption that, when the dwelling unit
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occupied is the sole residence of the guest, the occupancy is
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nontransient. There is a rebuttable presumption that, when the
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dwelling unit occupied is not the sole residence of the guest,
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the occupancy is transient.
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(14) "Nontransient establishment" means any public lodging
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establishment that is rented or leased to guests by an operator
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whose intention is that the dwelling unit occupied will be the
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sole residence of the guest.
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(15) "Nontransient occupancy" means occupancy when it is
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the intention of the parties that the occupancy will not be
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temporary. There is a rebuttable presumption that when the
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dwelling unit occupied is the sole residence of the guest, the
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occupancy is nontransient.
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(16) "Nontransient" means a guest in nontransient
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occupancy.
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Section 2. Paragraph (d) of subsection (2) and subsection
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(7) of section 509.032, Florida Statutes, are amended to read:
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509.032 Duties.--
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(2) INSPECTION OF PREMISES.--
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(d) The division shall adopt and enforce sanitation rules
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consistent with law to ensure the protection of the public from
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food-borne illness in those establishments licensed under this
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chapter. These rules shall provide the standards and requirements
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for obtaining, storing, preparing, processing, serving, or
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displaying food in public food service establishments, approving
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public food service establishment facility plans, conducting
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necessary public food service establishment inspections for
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compliance with sanitation regulations, cooperating and
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coordinating with the Department of Health in epidemiological
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investigations, and initiating enforcement actions, and for other
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such responsibilities deemed necessary by the division. The
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division may not establish by rule any regulation governing the
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design, construction, erection, alteration, modification, repair,
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or demolition of any public lodging or public food service
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establishment. It is the intent of the Legislature to preempt
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that function to the Florida Building Commission and the State
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Fire Marshal through adoption and maintenance of the Florida
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Building Code and the Florida Fire Prevention Code. The division
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shall provide technical assistance to the commission and the
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State Fire Marshal in updating the construction standards of the
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Florida Building Code and the Florida Fire Prevention Code which
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govern public lodging and public food service establishments.
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Further, the division shall enforce the provisions of the Florida
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Building Code and the Florida Fire Prevention Code which apply to
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public lodging and public food service establishments in
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conducting any inspections authorized by this part.
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(7) PREEMPTION AUTHORITY.--The regulation of public lodging
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establishments and public food service establishments, including,
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but not limited to, the inspection of public lodging
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establishments and public food service establishments for
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compliance with the sanitation standards adopted under this
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section, and the regulation of food safety protection standards
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for required training and testing of food service establishment
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personnel are preempted to the state. This subsection does not
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preempt the authority of a local government or local enforcement
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district to conduct inspections of public lodging and public food
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service establishments for compliance with the Florida Building
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Code and the Florida Fire Prevention Code, pursuant to ss. 553.80
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and 633.022.
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Section 3. Section 509.039, Florida Statutes, is amended to
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read:
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509.039 Food service manager certification.--It is the duty
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of the division to adopt, by rule, food safety protection
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standards for the training and certification of all food service
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managers who are responsible for the storage, preparation,
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display, or serving of foods to the public in establishments
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regulated under this chapter. The standards adopted by the
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division shall be consistent with the Standards for Accreditation
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of Food Protection Manager Certification Programs adopted by the
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Conference for Food Protection. These standards are to be adopted
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by the division to ensure that, upon successfully passing a test,
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approved by the Conference for Food Protection, a manager of a
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food service establishment shall have demonstrated a knowledge of
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basic food protection practices. The division may contract with
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an organization offering a training and certification program
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that complies with division standards and results in a
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certification recognized by the Conference for Food Protection to
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conduct an approved test and certify all test results to the
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division. Other organizations offering programs that meet the
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same requirements may also conduct approved tests and certify all
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test results to the division. The division may charge the
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organization it contracts with a fee of not more than $5 per
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certified test to cover the administrative costs of the division
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for the food service manager training and certification program.
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All managers employed by a food service establishment must have
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passed an approved test and received a certificate attesting
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thereto. Managers have a period of 90 days after employment to
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pass the required test. The ranking of food service
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establishments is also preempted to the state; provided, however,
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that any local ordinances establishing a ranking system in
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existence prior to October 1, 1988, may remain in effect.
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Section 4. Subsection (2) of section 509.101, Florida
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Statutes, is amended to read:
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509.101 Establishment rules; posting of notice; food
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service inspection report; maintenance of guest register; mobile
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food dispensing vehicle registry.--
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(2) It is the duty of each operator of a transient
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establishment to maintain at all times a register, signed by or
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for guests who occupy rental units within the establishment,
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showing the dates upon which the rental units were occupied by
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such guests and the rates charged for their occupancy. This
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register shall be maintained in chronological order and available
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for inspection by the division at any time. Operators need not
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make available registers which are more than 2 years old. Each
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operator shall maintain at all times a current copy of this
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chapter in the office of the licensed establishment which shall
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be made available to the public upon request.
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Section 5. Section 509.201, Florida Statutes, is repealed.
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Section 6. Subsections (2) through (5) of section 509.211,
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Florida Statutes, are amended to read:
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509.211 Safety regulations.--
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(2) The division, or its agent, shall immediately notify
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the local firesafety authority or the State Fire Marshal of any
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major violation of a rule adopted under chapter 633 which relates
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to public lodging establishments or public food service
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establishments. The division may impose administrative sanctions
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for violations of these rules pursuant to s. 509.261 or may refer
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such violations to the local firesafety authorities for
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enforcement.
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(2)(3)(a) It is unlawful for any person to use within any
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public lodging establishment or public food service establishment
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any fuel-burning wick-type equipment for space heating unless
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such equipment is vented so as to prevent the accumulation of
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toxic or injurious gases or liquids.
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(b) Any person who violates the provisions of paragraph (a)
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commits is guilty of a misdemeanor of the second degree,
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(3)(4) Each public lodging establishment that is three or
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more stories in height must have safe and secure railings on all
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balconies, platforms, and stairways, and all such railings must
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be properly maintained and repaired. The division may impose
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administrative sanctions for violations of this subsection
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pursuant to s. 509.261.
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(4)(5) Every enclosed space or room that contains a boiler
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regulated under chapter 554 which is fired by the direct
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application of energy from the combustion of fuels and that is
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located in any portion of a public lodging establishment that
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also contains sleeping rooms shall be equipped with one or more
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carbon monoxide sensor devices that bear the label of a
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nationally recognized testing laboratory and have been tested and
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listed as complying with the most recent Underwriters
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Laboratories, Inc., Standard 2034, or its equivalent, unless it
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is determined that carbon monoxide hazards have otherwise been
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adequately mitigated as determined by the division. Such devices
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shall be integrated with the public lodging establishment's fire
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detection system. Any such installation or determination shall be
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made in accordance with rules adopted by the division.
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Section 7. Subsection (1), paragraph (a) of subsection (2),
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and subsections (5) and (9) of section 509.221, Florida Statutes,
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are amended to read:
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509.221 Sanitary regulations.--
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(1)(a) Each public lodging establishment and each public
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food service establishment shall be supplied with potable water
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and shall provide adequate sanitary facilities for the
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accommodation of its employees and guests. Such facilities may
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include, but are not limited to, showers, handwash basins,
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toilets, and bidets. Such sanitary facilities shall be connected
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to approved plumbing. Such plumbing shall be sized, installed,
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and maintained in accordance with the Florida Building Code as
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approved by the local plumbing authority or other local authority
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having jurisdiction. Wastewater or sewage shall be properly
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treated onsite or discharged into an approved sewage collection
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and treatment system.
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(b) Each public food service establishment shall be
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supplied with potable water and shall provide adequate sanitary
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facilities for the accommodation of its employees. Such
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facilities may include, but are not limited to, showers, handwash
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basins, toilets, and bidets. Such sanitary facilities shall be
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connected to approved plumbing. Such plumbing shall be sized,
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installed, and maintained in accordance with the Florida Building
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Code as approved by the local plumbing authority or other local
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authority having jurisdiction. Wastewater or sewage shall be
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properly treated onsite or discharged into an approved sewage
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collection and treatment system.
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(2)(a) Each public lodging establishment and each public
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food service establishment shall maintain not less than one
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public bathroom facilities in accordance with the Florida
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Building Code as approved by the local plumbing authority or
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other local authority having jurisdiction for each sex, properly
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designated, unless otherwise provided by rule. The division shall
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establish by rule categories of establishments not subject to the
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bathroom requirement of this paragraph. Such rules may not alter
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the exemption provided for theme parks in paragraph (b).
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(5) Each transient establishment and each public food
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service establishment shall provide in the main public bathroom
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soap and clean towels or other approved hand-drying devices and
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each public lodging establishment shall furnish each guest with
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two clean individual towels so that two guests will not be
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required to use the same towel unless it has first been
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laundered. Each public food service establishment shall provide
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in the employee bathroom and any public bathroom soap and clean
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towels or other approved hand-drying devices.
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(9) Subsections (2), (5), and (6) do not apply to any
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facility or unit classified as a resort condominium, nontransient
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apartment, or resort dwelling as described in s. 509.242(1)(c),
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(d), and (f) (g).
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Section 8. Paragraphs (d) and (e) of subsection (1) of
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section 509.242, Florida Statutes, are amended to read:
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509.242 Public lodging establishments; classifications.--
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(1) A public lodging establishment shall be classified as a
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hotel, motel, resort condominium, nontransient apartment,
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transient apartment, roominghouse, bed and breakfast inn, or
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resort dwelling if the establishment satisfies the following
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criteria:
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(d) Nontransient apartment or roominghouse.--A nontransient
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apartment or roominghouse is a any apartment building or complex
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in which 75 percent or more of the units are available for rent
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to nontransient tenants.
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(e) Transient apartment or roominghouse.--A transient
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apartment or roominghouse is a any apartment building or complex
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in which 25 percent or more of the units are advertised or held
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out to the public as available for transient occupancy.
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Section 9. Subsections (8) and (9) are added to section
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509.261, Florida Statutes, to read:
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509.261 Revocation or suspension of licenses; fines;
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procedure.--
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(8) The division may fine, suspend, or revoke the license
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of any public lodging establishment or public food service
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establishment when the establishment is not in compliance with
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the requirements of a final order or other administrative action
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issued against the licensee by the division.
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(9) The division may refuse to issue or renew the license
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of any public lodging establishment or public food service
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establishment until all outstanding fines are paid in full to the
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division as required by all final orders or other administrative
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action issued against the licensee by the division.
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Section 10. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.