Florida Senate - 2014                                     SB 160
       By Senators Bullard and Soto
       39-00107-14                                            2014160__
    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         revising the definition of the term “donor”; limiting
    5         the liability of public schools with respect to canned
    6         or perishable food donated to charitable or nonprofit
    7         organizations; making grammatical changes; providing
    8         an effective date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Subsection (1) of section 768.136, Florida
   13  Statutes, is reordered and amended to read:
   14         768.136 Liability for canned or perishable food distributed
   15  free of charge.—
   16         (1) As used in this section, the term:
   17         (b)(a) “Donor” means a person, business, organization, or
   18  institution, including a public school, which owns, rents,
   19  leases, or operates:
   20         1. A Any building, vehicle, place, or structure, or a any
   21  room or division in a building, vehicle, place, or structure,
   22  which that is maintained and operated as a place where food is
   23  regularly prepared, served, or sold for immediate consumption on
   24  or in the vicinity of the premises; or to be called for or taken
   25  out by customers; or to be delivered to factories, construction
   26  camps, airlines, locations where catered events are being held,
   27  and other similar locations for consumption at any place;
   28         2. A Any public location with vending machines dispensing
   29  prepared meals; or
   30         3. A Any retail grocery store.
   31         (c)(b) “Gleaner” means a person who harvests for free
   32  distribution an agricultural crop that has been donated by the
   33  owner.
   34         (a)(c) “Canned food” means any food that which has been
   35  commercially processed and prepared for human consumption and
   36  which has been commercially packaged in such a manner as to
   37  remain nonperishable without refrigeration for a reasonable
   38  length of time.
   39         (d) “Perishable food” means any food that may spoil or
   40  otherwise become unfit for human consumption because of its
   41  nature, type, or physical condition. The term “Perishable food”
   42  includes, but is not limited to, fresh or processed meats,
   43  poultry, seafood, dairy products, bakery products, eggs in the
   44  shell, fresh fruits or vegetables, and foods that have been
   45  noncommercially packaged, that have been frozen or otherwise
   46  require refrigeration to remain nonperishable for a reasonable
   47  length of time, or that have been prepared at a public food
   48  service establishment licensed under chapter 509.
   49         Section 2. This act shall take effect July 1, 2014.