Florida Senate - 2015 CS for SB 1390
By the Committee on Health Policy; and Senator Hays
588-02387-15 20151390c1
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; or
34 c. By an individual or entity, at a temporary event hosted
35 by a church or a religious, nonprofit fraternal, or nonprofit
36 civic organization, which guarantees a percentage of the profit
37 generated at the event to the nonprofit host, and which does not
38 generate more than $2,000 in revenue from a single event or
39 $4,000 annually from all temporary food service events.
40 3. Any eating place located on an airplane, train, bus, or
41 watercraft which is a common carrier.
42 4. Any eating place maintained by a facility certified or
43 licensed and regulated by the Agency for Health Care
44 Administration or the Department of Children and Families or
45 other similar place that is regulated under s. 381.0072.
46 5. Any place of business issued a permit or inspected by
47 the Department of Agriculture and Consumer Services under s.
48 500.12.
49 6. Any place of business where the food available for
50 consumption is limited to ice, beverages with or without
51 garnishment, popcorn, or prepackaged items sold without
52 additions or preparation.
53 7. Any theater, if the primary use is as a theater and if
54 patron service is limited to food items customarily served to
55 the admittees of theaters.
56 8. Any vending machine that dispenses any food or beverages
57 other than potentially hazardous foods, as defined by division
58 rule.
59 9. Any vending machine that dispenses potentially hazardous
60 food and which is located in a facility regulated under s.
61 381.0072.
62 10. Any research and development test kitchen limited to
63 the use of employees and which is not open to the general
64 public.
65 Section 2. This act shall take effect July 1, 2015.