| 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 under certain |
| 9 | conditions; providing an effective 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 conduct |
| 16 | an environmental health program as part of fulfilling the |
| 17 | state's public health mission. The purpose of this program is to |
| 18 | detect and prevent disease caused by natural and manmade factors |
| 19 | in the environment. The environmental health program shall |
| 20 | 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 if the center does not prepare and serve food to |
| 67 | its residents and does not advertise food or drink for public |
| 68 | consumption. |
| 69 | Section 3. This act shall take effect July 1, 2010. |