Florida Senate - 2013                                     SB 940
       By Senator Bullard
       39-00770A-13                                           2013940__
    1                        A bill to be entitled                      
    2         An act relating to canned or perishable food
    3         distributed free of charge; amending s. 768.136, F.S.;
    4         limiting the liability of public schools with respect
    5         to the donation of canned or perishable food to
    6         charitable or nonprofit organizations; revising a
    7         definition; authorizing a public school to donate food
    8         if the school meets food protection requirements
    9         adopted by the district school board; providing an
   10         effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Paragraph (a) of subsection (1) of section
   15  768.136, Florida Statutes, is amended to read:
   16         768.136 Liability for canned or perishable food distributed
   17  free of charge.—
   18         (1) As used in this section:
   19         (a) “Donor” means a person, business, organization, or
   20  institution, including a public school, which owns, rents,
   21  leases, or operates:
   22         1. Any building, vehicle, place, or structure, or any room
   23  or division in a building, vehicle, place, or structure, that is
   24  maintained and operated as a place where food is regularly
   25  prepared, served, or sold for immediate consumption on or in the
   26  vicinity of the premises; or to be called for or taken out by
   27  customers; or to be delivered to factories, construction camps,
   28  airlines, locations where catered events are being held, and
   29  other similar locations for consumption at any place;
   30         2. Any public location with vending machines dispensing
   31  prepared meals; or
   32         3. Any retail grocery store.
   33         Section 2. A public school may donate food to a charitable
   34  or nonprofit organization pursuant to s. 768.136, Florida
   35  Statutes, if the school meets requirements adopted by the
   36  district school board for food protection, storage, handling,
   37  and transport. Such donation shall be approved by the school
   38  principal.
   39         Section 3. This act shall take effect July 1, 2013.