Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. SB 1776
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/2R          .                                
             02/28/2018 10:45 AM       .                                

       Senator Bradley moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 11 and 12
    4  insert:
    5         Section 1. Section 500.91, Florida Statutes, is created to
    6  read:
    7         500.91Regulation of food service utensils preempted to
    8  department.—
    9         (1)The regulation of the use or sale of food service
   10  utensils, including, but not limited to, forks, knives, spoons,
   11  plates, napkins, and straws, by entities regulated under this
   12  chapter is preempted to the department. This preemption does not
   13  apply to local ordinances, or provisions thereof, enacted before
   14  January 1, 2018, and does not limit the authority of a local
   15  government to restrict the use of such utensils by individuals
   16  on public property, temporary vendors on public property, or
   17  entities engaged in a contractual relationship with the local
   18  government for the provision of goods or services, unless such
   19  use is otherwise preempted by law.
   20         (2)Consistent with the authority granted to the department
   21  under s. 500.09(4), the department may adopt rules as necessary
   22  to implement this section.
   24  ================= T I T L E  A M E N D M E N T ================
   25  And the title is amended as follows:
   26         Delete line 2
   27  and insert:
   28         An act relating to the Department of Agriculture and
   29         Consumer Services; creating s. 500.91, F.S.;
   30         preempting the regulation of food service utensils to
   31         the department; providing applicability; authorizing
   32         the department to adopt rules; creating s.