Florida Senate - 2015                                    SB 1390
       
       
        
       By Senator Hays
       
       
       
       
       
       11-01239A-15                                          20151390__
    1                        A bill to be entitled                      
    2         An act relating to public food service establishments;
    3         amending s. 509.013, F.S.; revising the definition of
    4         the term “public food service establishment” to
    5         exclude certain events for the purposes of exemption
    6         from licensure and inspection; providing an effective
    7         date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (5) of section 509.013, Florida
   12  Statutes, is amended to read:
   13         509.013 Definitions.—As used in this chapter, the term:
   14         (5)(a) “Public food service establishment” means any
   15  building, vehicle, place, or structure, or any room or division
   16  in a building, vehicle, place, or structure where food is
   17  prepared, served, or sold for immediate consumption on or in the
   18  vicinity of the premises; called for or taken out by customers;
   19  or prepared prior to being delivered to another location for
   20  consumption.
   21         (b) The following are excluded from the definition in
   22  paragraph (a):
   23         1. Any place maintained and operated by a public or private
   24  school, college, or university:
   25         a. For the use of students and faculty; or
   26         b. Temporarily to serve such events as fairs, carnivals,
   27  food contests, and athletic contests.
   28         2. Any eating place maintained and operated by, or for the
   29  benefit of, a church or a religious, nonprofit fraternal, or
   30  nonprofit civic organization:
   31         a. For the use of members and associates; or
   32         b. Temporarily to serve such events as fairs, carnivals,
   33  food contests, or athletic contests.
   34         3. Any eating place located on an airplane, train, bus, or
   35  watercraft which is a common carrier.
   36         4. Any eating place maintained by a facility certified or
   37  licensed and regulated by the Agency for Health Care
   38  Administration or the Department of Children and Families or
   39  other similar place that is regulated under s. 381.0072.
   40         5. Any place of business issued a permit or inspected by
   41  the Department of Agriculture and Consumer Services under s.
   42  500.12.
   43         6. Any place of business where the food available for
   44  consumption is limited to ice, beverages with or without
   45  garnishment, popcorn, or prepackaged items sold without
   46  additions or preparation.
   47         7. Any theater, if the primary use is as a theater and if
   48  patron service is limited to food items customarily served to
   49  the admittees of theaters.
   50         8. Any vending machine that dispenses any food or beverages
   51  other than potentially hazardous foods, as defined by division
   52  rule.
   53         9. Any vending machine that dispenses potentially hazardous
   54  food and which is located in a facility regulated under s.
   55  381.0072.
   56         10. Any research and development test kitchen limited to
   57  the use of employees and which is not open to the general
   58  public.
   59         Section 2. This act shall take effect July 1, 2015.