HB 295

1	A bill to be entitled
2	An act relating to food service inspections of domestic
3	violence centers; amending s. 381.006, F.S.; including the
4	investigation of domestic violence center food service
5	programs within the Department of Health's environmental
6	health program; amending s. 381.0072, F.S.; revising the
7	definition of the term "food service establishment" to
8	exclude domestic violence centers; providing an effective
9	date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Subsection (18) is added to section 381.006,
14	Florida Statutes, to read:
15	381.006  Environmental health.--The department shall
16	conduct an environmental health program as part of fulfilling
17	the state's public health mission. The purpose of this program
18	is to detect and prevent disease caused by natural and manmade
19	factors in the environment. The environmental health program
20	shall include, but not be limited to:
21	(18)  A food service inspection function for domestic
22	violence centers that are certified and monitored by the
23	Department of Children and Family Services under part XIII of
24	chapter 39, which shall be conducted annually and be limited to
25	the requirements in department rule applicable to community-
26	based residential facilities with five or fewer residents.
27
28	The department may adopt rules to carry out the provisions of
29	this section.
30	Section 2.  Paragraph (b) of subsection (1) of section
31	381.0072, Florida Statutes, is amended to read:
32	381.0072  Food service protection.--It shall be the duty of
33	the Department of Health to adopt and enforce sanitation rules
34	consistent with law to ensure the protection of the public from
35	food-borne illness. These rules shall provide the standards and
36	requirements for the storage, preparation, serving, or display
37	of food in food service establishments as defined in this
38	section and which are not permitted or licensed under chapter
39	500 or chapter 509.
40	(1)  DEFINITIONS.--As used in this section, the term:
41	(b)  "Food service establishment" means any facility, as
42	described in this paragraph, where food is prepared and intended
43	for individual portion service, and includes the site at which
44	individual portions are provided. The term includes any such
45	facility regardless of whether consumption is on or off the
46	premises and regardless of whether there is a charge for the
47	food. The term includes detention facilities, child care
48	facilities, schools, institutions, civic or fraternal
49	organizations, bars and lounges and facilities used at temporary
50	food events, mobile food units, and vending machines at any
51	facility regulated under this section. The term does not include
52	private homes where food is prepared or served for individual
53	family consumption; nor does the term include churches,
54	synagogues, or other not-for-profit religious organizations as
55	long as these organizations serve only their members and guests
56	and do not advertise food or drink for public consumption, or
57	any facility or establishment permitted or licensed under
58	chapter 500 or chapter 509; nor does the term include any
59	theater, if the primary use is as a theater and if patron
60	service is limited to food items customarily served to the
61	admittees of theaters; nor does the term include a research and
62	development test kitchen limited to the use of employees and
63	which is not open to the general public; nor does the term
64	include a domestic violence center certified and monitored by
65	the Department of Children and Family Services under part XIII
66	of chapter 39.
67	Section 3.  This act shall take effect July 1, 2010.

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