Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 366
       
       
       
       
       
       
                                Barcode 780626                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/09/2011           .                                
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       The Committee on Commerce and Tourism (Flores) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 184 and 185
    4  insert:
    5         Section 5. Subsection (7) of section 509.032, Florida
    6  Statutes, is amended to read:
    7         509.032 Duties.—
    8         (7) PREEMPTION AUTHORITY.—The regulation of public lodging
    9  establishments and public food service establishments,
   10  including, but not limited to, the inspection of public lodging
   11  establishments and public food service establishments for
   12  compliance with the sanitation standards, inspections, adopted
   13  under this section, and the regulation of food safety protection
   14  standards for required training and testing of food service
   15  establishment personnel, and matters related to the nutritional
   16  content and marketing of foods offered in such establishments,
   17  are preempted to the state. This subsection does not preempt the
   18  authority of a local government or local enforcement district to
   19  conduct inspections of public lodging and public food service
   20  establishments for compliance with the Florida Building Code and
   21  the Florida Fire Prevention Code, pursuant to ss. 553.80 and
   22  633.022.
   23         Section 6. Subsection (1) of section 509.261, Florida
   24  Statutes, is amended to read:
   25         509.261 Revocation or suspension of licenses; fines;
   26  procedure.—
   27         (1) Any public lodging establishment or public food service
   28  establishment that has operated or is operating in violation of
   29  this chapter or the rules of the division, operating without a
   30  license, or operating with a suspended or revoked license may be
   31  subject by the division to:
   32         (a) Fines not to exceed $1,000 per offense;
   33         (b) Mandatory completion attendance, at personal expense,
   34  of a remedial at an educational program administered sponsored
   35  by a food safety training program provider whose program has
   36  been approved by the division, as provided in s. 509.049 the
   37  Hospitality Education Program; and
   38         (c) The suspension, revocation, or refusal of a license
   39  issued pursuant to this chapter.
   40  
   41  ================= T I T L E  A M E N D M E N T ================
   42         And the title is amended as follows:
   43         Delete lines 2 - 17
   44  and insert:
   45         An act relating to public lodging and public food
   46         service establishments; providing a short title;
   47         amending s. 509.144, F.S.; revising definitions;
   48         providing additional penalties for the offense of
   49         unlawfully distributing handbills in a public lodging
   50         establishment; specifying that certain items used in
   51         committing such offense are subject to seizure and
   52         forfeiture under the Florida Contraband Forfeiture
   53         Act; amending s. 901.15, F.S.; authorizing a law
   54         enforcement officer to arrest a person without a
   55         warrant when there is probable cause to believe the
   56         person violated s. 509.144, F.S., and where the owner
   57         or manager of the public lodging establishment signs
   58         an affidavit containing information supporting the
   59         determination of probable cause; amending s. 932.701,
   60         F.S.; revising the definition of the term
   61         “contraband”; amending s. 509.032, F.S.; clarifying
   62         provisions relating to the preemption to the state of
   63         the regulation of public lodging and public food
   64         service establishments; amending s. 509.261, F.S.;
   65         providing for remedial training in response to a
   66         violation of laws or rules governing public lodging
   67         and public food service establishments; providing that
   68         the terms and provisions