CS/HB 295

A bill to be entitled
2An act relating to food service inspections of domestic
3violence centers and group care homes; amending s.
4381.006, F.S.; including the investigation of food service
5programs for domestic violence centers and group care
6homes within the Department of Health's environmental
7health program; amending s. 381.0072, F.S.; revising the
8definition of the term "food service establishment" to
9exclude domestic violence centers under certain
10conditions; providing an effective date.
12Be It Enacted by the Legislature of the State of Florida:
14     Section 1.  Subsection (18) is added to section 381.006,
15Florida Statutes, to read:
16     381.006  Environmental health.-The department shall conduct
17an environmental health program as part of fulfilling the
18state's public health mission. The purpose of this program is to
19detect and prevent disease caused by natural and manmade factors
20in the environment. The environmental health program shall
21include, but not be limited to:
22     (18)  A food service inspection function for domestic
23violence centers that are certified and monitored by the
24Department of Children and Family Services under part XIII of
25chapter 39 and group care homes as described in subsection (16),
26which shall be conducted annually and be limited to the
27requirements in department rule applicable to community-based
28residential facilities with five or fewer residents.
31The department may adopt rules to carry out the provisions of
32this section.
33     Section 2.  Paragraph (b) of subsection (1) of section
34381.0072, Florida Statutes, is amended to read:
35     381.0072  Food service protection.-It shall be the duty of
36the Department of Health to adopt and enforce sanitation rules
37consistent with law to ensure the protection of the public from
38food-borne illness. These rules shall provide the standards and
39requirements for the storage, preparation, serving, or display
40of food in food service establishments as defined in this
41section and which are not permitted or licensed under chapter
42500 or chapter 509.
43     (1)  DEFINITIONS.-As used in this section, the term:
44     (b)  "Food service establishment" means any facility, as
45described in this paragraph, where food is prepared and intended
46for individual portion service, and includes the site at which
47individual portions are provided. The term includes any such
48facility regardless of whether consumption is on or off the
49premises and regardless of whether there is a charge for the
50food. The term includes detention facilities, child care
51facilities, schools, institutions, civic or fraternal
52organizations, bars and lounges and facilities used at temporary
53food events, mobile food units, and vending machines at any
54facility regulated under this section. The term does not include
55private homes where food is prepared or served for individual
56family consumption; nor does the term include churches,
57synagogues, or other not-for-profit religious organizations as
58long as these organizations serve only their members and guests
59and do not advertise food or drink for public consumption, or
60any facility or establishment permitted or licensed under
61chapter 500 or chapter 509; nor does the term include any
62theater, if the primary use is as a theater and if patron
63service is limited to food items customarily served to the
64admittees of theaters; nor does the term include a research and
65development test kitchen limited to the use of employees and
66which is not open to the general public; nor does the term
67include a domestic violence center certified and monitored by
68the Department of Children and Family Services under part XIII
69of chapter 39 if the center does not prepare and serve food to
70its residents and does not advertise food or drink for public
72     Section 3.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.

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