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Senate Bill 0198

Senate Bill sb0198

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    Florida Senate - 2004                                   SB 198

    By Senator Wasserman Schultz





    34-206-04

  1                      A bill to be entitled

  2         An act relating to infant cribs; creating s.

  3         501.144, F.S., the Florida Infant Crib Safety

  4         Act; providing definitions; prohibiting

  5         commercial users from manufacturing,

  6         remanufacturing, retrofitting, selling,

  7         contracting to sell or resell, leasing, or

  8         subletting specified cribs determined to be

  9         unsafe for use by infants; prohibiting

10         transient public lodging establishments from

11         offering or providing for use specified cribs

12         determined to be unsafe for use by infants;

13         providing criteria for determining the safety

14         of infant cribs; providing exemptions;

15         providing specified immunity from civil

16         liability; providing penalties; providing that

17         violation of the act constitutes an unfair and

18         deceptive trade practice; authorizing the

19         Department of Agriculture and Consumer

20         Services, the Department of Business and

21         Professional Regulation, and the Department of

22         Children and Family Services to collaborate

23         with public agencies and private-sector

24         entities to prepare specified public education

25         materials and programs; authorizing the

26         Department of Agriculture and Consumer Services

27         to adopt rules and prescribe forms; amending s.

28         509.221, F.S.; prohibiting the use of certain

29         cribs in public lodging establishments;

30         reenacting s. 509.032, F.S.; providing for

31         regulation and rulemaking by the Division of

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 1         Hotels and Restaurants of the Department of

 2         Business and Professional Regulation; creating

 3         s. 402.3031, F.S.; prohibiting unsafe cribs in

 4         certain facilities; providing for enforcement

 5         and rulemaking powers of the Department of

 6         Children and Family Services; creating an

 7         infant crib safety enforcement demonstration

 8         program; providing that crib inspections are

 9         not required in certain counties for a

10         specified time; requiring crib inspections in

11         certain counties for a specified time;

12         providing requirements for crib inspections by

13         the Department of Business and Professional

14         Regulation; requiring transient public lodging

15         establishments to provide for inspection of

16         cribs; requiring a report; providing for

17         rulemaking by the Department of Business and

18         Professional Regulation; providing for

19         expiration of the demonstration program;

20         providing an effective date.

21  

22         WHEREAS, the disability and death of infants resulting

23  from injuries sustained in crib accidents are a serious threat

24  to the public health, safety, and welfare of the people of the

25  state, and

26         WHEREAS, the design and construction of an infant crib

27  must ensure that it is safe, and a parent or caregiver has a

28  right to believe that an infant crib in use is a safe

29  containment in which to place an infant, and

30         WHEREAS, more than 13,000 infants are injured in unsafe

31  cribs every year, and

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 1         WHEREAS, prohibiting the manufacture, remanufacture,

 2  retrofitting, sale, contracting to sell or resell, leasing, or

 3  subletting of unsafe infant cribs, particularly unsafe

 4  secondhand, hand-me-down, or heirloom cribs, will reduce

 5  injuries and deaths caused by cribs, and

 6         WHEREAS, it is the intent of the Legislature to reduce

 7  the occurrence of injuries and deaths to infants as a result

 8  of unsafe cribs that do not conform to modern safety standards

 9  by making it illegal to manufacture, remanufacture, retrofit,

10  sell, contract to sell or resell, lease, or sublet any

11  full-size or non-full-size crib that is unsafe, and

12         WHEREAS, it is the intent of the Legislature to

13  encourage public and private collaboration in disseminating

14  materials relative to the safety of infant cribs to parents,

15  child care providers, and those individuals who would be

16  likely to sell, donate, or otherwise provide to others unsafe

17  infant cribs, NOW, THEREFORE,

18  

19  Be It Enacted by the Legislature of the State of Florida:

20  

21         Section 1.  Section 501.144, Florida Statutes, is

22  created to read:

23         501.144  Florida Infant Crib Safety Act.--

24         (1)  SHORT TITLE.--This section may be cited as the

25  "Florida Infant Crib Safety Act."

26         (2)  DEFINITIONS.--As used in this section, the term:

27         (a)  "Commercial user" means a dealer under s.

28  212.06(2), or any person who is in the business of

29  manufacturing, remanufacturing, retrofitting, selling,

30  leasing, or subletting full-size or non-full-size cribs. The

31  term includes a child care facility, family day care home,

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    Florida Senate - 2004                                   SB 198
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 1  large family child care home, and specialized child care

 2  facility for the care of mildly ill children, which facility

 3  or home is licensed by the Department of Children and Family

 4  Services or local licensing agencies.

 5         (b)  "Crib" means a bed or containment designed to

 6  accommodate an infant.

 7         (c)  "Department" means the Department of Agriculture

 8  and Consumer Services.

 9         (d)  "Full-size crib" means a full-size baby crib as

10  defined in 16 C.F.R. part 1508, relating to requirements for

11  full-size baby cribs.

12         (e)  "Infant" means a person less than 35 inches tall

13  and less than 3 years of age.

14         (f)  "Non-full-size crib" means a non-full-size baby

15  crib as defined in 16 C.F.R. part 1509, relating to

16  requirements for non-full-size baby cribs.

17         (g)  "Transient public lodging establishment" means any

18  hotel, motel, resort condominium, transient apartment,

19  roominghouse, bed and breakfast inn, or resort dwelling, as

20  defined in s. 509.242.

21         (3)  PROHIBITED PRACTICES.--

22         (a)  A commercial user may not manufacture,

23  remanufacture, retrofit, sell, contract to sell or resell,

24  lease, or sublet a full-size or non-full-size crib that is

25  unsafe for an infant because the crib does not conform to the

26  standards set forth in paragraph (4)(a) or because the crib

27  has any of the dangerous features or characteristics set forth

28  in paragraph (4)(b).

29         (b)  A transient public lodging establishment may not

30  offer or provide for use a full-size or non-full-size crib

31  that is unsafe for an infant because the crib does not conform

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    Florida Senate - 2004                                   SB 198
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 1  to the standards set forth in paragraph (4)(a) or because the

 2  crib has any of the dangerous features or characteristics set

 3  forth in paragraph (4)(b). Further, violation of this section

 4  by a transient public lodging establishment is a violation of

 5  chapter 509 and is subject to the penalties set forth in s.

 6  509.261.

 7         (c)  A violation of this section is a deceptive and

 8  unfair trade practice and constitutes a violation of part II

 9  of chapter 501, the Florida Deceptive and Unfair Trade

10  Practices Act.

11         (4)  PRESUMPTION AS UNSAFE; CRITERIA.--

12         (a)  A crib is presumed to be unsafe under this section

13  if it does not conform to all of the following:

14         1.  16 C.F.R. part 1303, relating to ban of

15  lead-containing paint and certain consumer products bearing

16  lead-containing paint; 16 C.F.R. part 1508, relating to

17  requirements for full-size baby cribs; and 16 C.F.R. part

18  1509, relating to requirements for non-full-size baby cribs.

19         2.  American Society for Testing and Materials

20  Voluntary Standards F966-96, F1169-99, and F1822-97.

21         3.  Rules adopted by the department which implement the

22  provisions of this subsection.

23         (b)  A crib is unsafe if it has any of the following

24  dangerous features or characteristics:

25         1.  Corner posts that extend more than 1/16 of an inch.

26         2.  Spaces between side slats which are more than 2-3/8

27  inches wide.

28         3.  A mattress support that can be easily dislodged

29  from any point of the crib. A mattress segment can be easily

30  dislodged if it cannot withstand at least a 25-pound upward

31  force from underneath the crib. For portable folding cribs,

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    Florida Senate - 2004                                   SB 198
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 1  this subparagraph does not apply to mattress supports or

 2  mattress segments that are designed to allow the crib to be

 3  folded, if the crib is equipped with latches that work to

 4  prevent the unintentional collapse of the crib.

 5         4.  Cutout designs on the end panels.

 6         5.  Rail-height dimensions that do not conform to the

 7  following:

 8         a.  The height of the rail and end panel as measured

 9  from the top of the rail or panel in its lowest position to

10  the top of the mattress support in its highest position is at

11  least 9 inches.

12         b.  The height of the rail and end panel as measured

13  from the top of the rail or panel in its highest position to

14  the top of the mattress support in its lowest position is at

15  least 26 inches.

16         6.  Upon completion of assembly, any screw, bolt, or

17  hardware that is loose and not secured.

18         7.  Any sharp edge, point, or rough surface or any wood

19  surface that is not smooth and free from splinters, splits, or

20  cracks.

21         8.  A tear in mesh or fabric sides of a non-full-size

22  crib.

23         9.  With respect to portable folding cribs having

24  central hinges and rail assemblies that move downward when

25  folded, latches that do not automatically engage when placed

26  in the position recommended by the manufacturer for use.

27         10.  Crib sheets used on mattresses which are not sized

28  to match the mattress size.

29         (5)  EXEMPTIONS; CIVIL IMMUNITY.--

30         (a)  A crib that is clearly not intended for use by an

31  infant, including, but not limited to, a toy or display item,

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    Florida Senate - 2004                                   SB 198
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 1  is exempt from this section if the crib is accompanied, at the

 2  time of manufacturing, remanufacturing, retrofitting, selling,

 3  leasing, or subletting, by a notice to be furnished by the

 4  commercial user on forms prescribed by the department

 5  declaring that the crib is not intended to be used for an

 6  infant and is dangerous to use for an infant.

 7         (b)  A commercial user, other than a child care

 8  facility, family day care home, large family child care home,

 9  or specialized child care facility for the care of mildly ill

10  children, which has complied with the notice requirements set

11  forth under paragraph (a) is immune from civil liability

12  resulting from the use of a crib, notwithstanding the

13  provisions of this section.

14         (c)  When a commercial user leases a crib for use away

15  from the premises of the commercial user, the commercial user

16  is immune from civil liability created by this section

17  resulting from the assembly of the crib by a person other than

18  the commercial user or its agent or resulting from the use of

19  crib sheets that were not provided by the commercial user or

20  its agent.

21         (6)  PENALTY.--

22         (a)  A commercial user, other than a commercial user

23  subject to the penalties provided in paragraph (b) or

24  paragraph (c), which willfully and knowingly violates

25  subsection (3) commits a misdemeanor of the first degree,

26  punishable by a fine of not more than $10,000 and imprisonment

27  for a term of not more than 1 year.

28         (b)  A transient public lodging establishment that

29  violates subsection (3) is subject to the penalties set forth

30  in s. 509.261.

31  

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 1         (c)  A child care facility, family day care home, large

 2  family child care home, or specialized child care facility for

 3  the care of mildly ill children which violates subsection (3)

 4  is subject to the penalties set forth in ss. 402.301-402.319.

 5         (7)  PUBLIC EDUCATION MATERIALS AND PROGRAMS.--The

 6  Department of Agriculture and Consumer Services, the

 7  Department of Business and Professional Regulation, and the

 8  Department of Children and Family Services may collaborate

 9  with any public agency or private-sector entity to prepare

10  public education materials or programs designed to inform

11  parents, child care providers, commercial users, and any other

12  person or entity that is likely to place unsafe cribs in the

13  stream of commerce of the dangers posed by secondhand,

14  hand-me-down, or heirloom cribs that do not conform to the

15  standards set forth in this section or that have any of the

16  dangerous features or characteristics set forth in this

17  section.

18         (8)  RULEMAKING AUTHORITY.--The department may adopt

19  rules under ss. 120.536(1) and 120.54 for the administration

20  of this section.

21         Section 2.  Subsection (10) is added to section

22  509.221, Florida Statutes, to read:

23         509.221  Sanitary regulations.--

24         (10)  A transient public lodging establishment may not

25  offer or provide for use a full-size or non-full-size crib

26  that is unsafe for an infant because it is not in conformity

27  with the requirements of s. 501.144.

28         Section 3.  Section 509.032, Florida Statutes, is

29  reenacted to read:

30         509.032  Duties.--

31  

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 1         (1)  GENERAL.--The division shall carry out all of the

 2  provisions of this chapter and all other applicable laws and

 3  rules relating to the inspection or regulation of public

 4  lodging establishments and public food service establishments

 5  for the purpose of safeguarding the public health, safety, and

 6  welfare. The division shall be responsible for ascertaining

 7  that an operator licensed under this chapter does not engage

 8  in any misleading advertising or unethical practices.

 9         (2)  INSPECTION OF PREMISES.--

10         (a)  The division has responsibility and jurisdiction

11  for all inspections required by this chapter.  The division

12  has responsibility for quality assurance.  Each licensed

13  establishment shall be inspected at least biannually, except

14  for transient and nontransient apartments, which shall be

15  inspected at least annually, and shall be inspected at such

16  other times as the division determines is necessary to ensure

17  the public's health, safety, and welfare.  The division shall

18  establish a system to determine inspection frequency.  Public

19  lodging units classified as resort condominiums or resort

20  dwellings are not subject to this requirement, but shall be

21  made available to the division upon request.  If, during the

22  inspection of a public lodging establishment classified for

23  renting to transient or nontransient tenants, an inspector

24  identifies vulnerable adults who appear to be victims of

25  neglect, as defined in s. 415.102, or, in the case of a

26  building that is not equipped with automatic sprinkler

27  systems, tenants or clients who may be unable to self-preserve

28  in an emergency, the division shall convene meetings with the

29  following agencies as appropriate to the individual situation:

30  the Department of Health, the Department of Elderly Affairs,

31  the area agency on aging, the local fire marshal, the landlord

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    Florida Senate - 2004                                   SB 198
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 1  and affected tenants and clients, and other relevant

 2  organizations, to develop a plan which improves the prospects

 3  for safety of affected residents and, if necessary, identifies

 4  alternative living arrangements such as facilities licensed

 5  under part II or part III of chapter 400.

 6         (b)  For purposes of performing required inspections

 7  and the enforcement of this chapter, the division has the

 8  right of entry and access to public lodging establishments and

 9  public food service establishments at any reasonable time.

10         (c)  Public food service establishment inspections

11  shall be conducted to enforce provisions of this part and to

12  educate, inform, and promote cooperation between the division

13  and the establishment.

14         (d)  The division shall adopt and enforce sanitation

15  rules consistent with law to ensure the protection of the

16  public from food-borne illness in those establishments

17  licensed under this chapter.  These rules shall provide the

18  standards and requirements for obtaining, storing, preparing,

19  processing, serving, or displaying food in public food service

20  establishments, approving public food service establishment

21  facility plans, conducting necessary public food service

22  establishment inspections for compliance with sanitation

23  regulations, cooperating and coordinating with the Department

24  of Health in epidemiological investigations, and initiating

25  enforcement actions, and for other such responsibilities

26  deemed necessary by the division. The division may not

27  establish by rule any regulation governing the design,

28  construction, erection, alteration, modification, repair, or

29  demolition of any public lodging or public food service

30  establishment. It is the intent of the Legislature to preempt

31  that function to the Florida Building Commission and the State

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 1  Fire Marshal through adoption and maintenance of the Florida

 2  Building Code and the Florida Fire Prevention Code. The

 3  division shall provide technical assistance to the commission

 4  and the State Fire Marshal in updating the construction

 5  standards of the Florida Building Code and the Florida Fire

 6  Prevention Code which govern public lodging and public food

 7  service establishments. Further, the division shall enforce

 8  the provisions of the Florida Building Code and the Florida

 9  Fire Prevention Code which apply to public lodging and public

10  food service establishments in conducting any inspections

11  authorized by this part.

12         (e)1.  Relating to facility plan approvals, the

13  division may establish, by rule, fees for conducting plan

14  reviews and may grant variances from construction standards in

15  hardship cases, which variances may be less restrictive than

16  the provisions specified in this section or the rules adopted

17  under this section.  A variance may not be granted pursuant to

18  this section until the division is satisfied that:

19         a.  The variance shall not adversely affect the health

20  of the public.

21         b.  No reasonable alternative to the required

22  construction exists.

23         c.  The hardship was not caused intentionally by the

24  action of the applicant.

25         2.  The division's advisory council shall review

26  applications for variances and recommend agency action.  The

27  division shall make arrangements to expedite emergency

28  requests for variances, to ensure that such requests are acted

29  upon within 30 days of receipt.

30         3.  The division shall establish, by rule, a fee for

31  the cost of the variance process.  Such fee shall not exceed

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 1  $150 for routine variance requests and $300 for emergency

 2  variance requests.

 3         (f)  In conducting inspections of establishments

 4  licensed under this chapter, the division shall determine if

 5  each coin-operated amusement machine that is operated on the

 6  premises of a licensed establishment is properly registered

 7  with the Department of Revenue.  Each month the division shall

 8  report to the Department of Revenue the sales tax registration

 9  number of the operator of any licensed establishment that has

10  on location a coin-operated amusement machine and that does

11  not have an identifying certificate conspicuously displayed as

12  required by s. 212.05(1)(h).

13         (g)  In inspecting public food service establishments,

14  the department shall provide each inspected establishment with

15  the food-recovery brochure developed under s. 570.0725.

16         (3)  SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD

17  SERVICE EVENTS.--The division shall:

18         (a)  Prescribe sanitary standards which shall be

19  enforced in public food service establishments.

20         (b)  Inspect public lodging establishments and public

21  food service establishments whenever necessary to respond to

22  an emergency or epidemiological condition.

23         (c)  Administer a public notification process for

24  temporary food service events and distribute educational

25  materials that address safe food storage, preparation, and

26  service procedures.

27         1.  Sponsors of temporary food service events shall

28  notify the division not less than 3 days prior to the

29  scheduled event of the type of food service proposed, the time

30  and location of the event, a complete list of food service

31  vendors participating in the event, the number of individual

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 1  food service facilities each vendor will operate at the event,

 2  and the identification number of each food service vendor's

 3  current license as a public food service establishment or

 4  temporary food service event licensee. Notification may be

 5  completed orally, by telephone, in person, or in writing. A

 6  public food service establishment or food service vendor may

 7  not use this notification process to circumvent the license

 8  requirements of this chapter.

 9         2.  The division shall keep a record of all

10  notifications received for proposed temporary food service

11  events and shall provide appropriate educational materials to

12  the event sponsors, including the food-recovery brochure

13  developed under s. 570.0725.

14         3.a.  A public food service establishment or other food

15  service vendor must obtain one of the following classes of

16  license from the division: an individual license, for a fee of

17  no more than $105, for each temporary food service event in

18  which it participates; or an annual license, for a fee of no

19  more than $1,000, that entitles the licensee to participate in

20  an unlimited number of food service events during the license

21  period. The division shall establish license fees, by rule,

22  and may limit the number of food service facilities a licensee

23  may operate at a particular temporary food service event under

24  a single license.

25         b.  Public food service establishments holding current

26  licenses from the division may operate under the regulations

27  of such a license at temporary food service events of 3 days

28  or less in duration.

29         (4)  STOP-SALE ORDERS.--The division may stop the sale,

30  and supervise the proper destruction, of any food or food

31  product when the director or the director's designee

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 1  determines that such food or food product represents a threat

 2  to the public safety or welfare.  If the operator of a public

 3  food service establishment licensed under this chapter has

 4  received official notification from a health authority that a

 5  food or food product from that establishment has potentially

 6  contributed to any instance or outbreak of food-borne illness,

 7  the food or food product must be maintained in safe storage in

 8  the establishment until the responsible health authority has

 9  examined, sampled, seized, or requested destruction of the

10  food or food product.

11         (5)  REPORTS REQUIRED.--The division shall send the

12  Governor a written report, which shall state, but not be

13  limited to, the total number of inspections conducted by the

14  division to ensure the enforcement of sanitary standards, the

15  total number of inspections conducted in response to emergency

16  or epidemiological conditions, the number of violations of

17  each sanitary standard, and any recommendations for improved

18  inspection procedures.  The division shall also keep accurate

19  account of all expenses arising out of the performance of its

20  duties and all fees collected under this chapter. The report

21  shall be submitted by September 30 following the end of the

22  fiscal year.

23         (6)  RULEMAKING AUTHORITY.--The division shall adopt

24  such rules as are necessary to carry out the provisions of

25  this chapter.

26         (7)  PREEMPTION AUTHORITY.--The regulation of public

27  lodging establishments and public food service establishments,

28  the inspection of public lodging establishments and public

29  food service establishments for compliance with the sanitation

30  standards adopted under this section, and the regulation of

31  food safety protection standards for required training and

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 1  testing of food service establishment personnel are preempted

 2  to the state. This subsection does not preempt the authority

 3  of a local government or local enforcement district to conduct

 4  inspections of public lodging and public food service

 5  establishments for compliance with the Florida Building Code

 6  and the Florida Fire Prevention Code, pursuant to ss. 553.80

 7  and 633.022.

 8         Section 4.  Section 402.3031, Florida Statutes, is

 9  created to read:

10         402.3031  Infant crib safety.--A child care facility,

11  family day care home, large family child care home, or

12  specialized child care facility for the care of mildly ill

13  children may not offer or provide for use a full-size or

14  non-full-size crib that is not in conformity with the

15  requirements of s. 501.144.  The department shall enforce this

16  section and may adopt rules under ss. 120.536(1) and 120.54

17  necessary for the administration of this section.

18         Section 5.  Infant crib safety enforcement

19  demonstration program.--

20         (1)  As used in this section, the term:

21         (a)  "Division" means the Division of Hotels and

22  Restaurants of the Department of Business and Professional

23  Regulation.

24         (b)  "Transient public lodging establishment" has the

25  meaning ascribed in section 501.144, Florida Statutes.

26         (2)  Effective October 1, 2004, through June 30, 2007,

27  the division shall implement an infant crib safety enforcement

28  demonstration program consistent with this section in Broward,

29  Franklin, Miami-Dade, Orange, and Osceola counties. During the

30  period of the demonstration program, the division is not

31  required to inspect infant cribs for enforcement of section

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 1  501.144, section 509.032, or section 509.221(10), Florida

 2  Statutes, in a county that is not included in the

 3  demonstration program.

 4         (3)  During the period of the demonstration program:

 5         (a)  Each transient public lodging establishment

 6  located in a county included in the demonstration program

 7  shall annually file with the division a certificate attesting

 8  that each full-size and non-full-size crib offered or provided

 9  for use in the establishment has been inspected by a person

10  who is competent, based upon criteria established by the

11  division, to conduct the inspection, and that each crib is in

12  conformity with the requirements of section 501.144, Florida

13  Statutes. The division shall prescribe the forms, timetables,

14  and procedures for filing the certificate.

15         (b)  The division shall inspect the full-size and

16  non-full-size cribs offered or provided for use in each

17  transient public lodging establishment located in a county

18  included in the demonstration program. The division shall

19  perform these crib inspections during its routine inspections

20  conducted under section 509.032, Florida Statutes. When

21  performing these crib inspections, the division is not

22  required to inspect every crib at each establishment, but may

23  use selective inspection techniques, including, but not

24  limited to, random sampling.

25         (4)  The division shall conduct an evaluation of the

26  effectiveness of the demonstration program. By January 1,

27  2007, the division shall submit a report on the evaluation to

28  the Governor, the President of the Senate, the Speaker of the

29  House of Representatives, and the majority and minority

30  leaders of the Senate and the House of Representatives. The

31  report must include an evaluation of compliance by transient

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 1  public lodging establishments, the time and costs associated

 2  with conducting crib inspections, and the barriers to

 3  enforcing the Florida Infant Crib Safety Act. The report must

 4  also include recommendations as to whether the demonstration

 5  program should be continued, expanded, or revised to enhance

 6  its administration or effectiveness.

 7         (5)  The Department of Business and Professional

 8  Regulation may adopt rules under sections 120.536(1) and

 9  120.54, Florida Statutes, for the administration of this

10  section.

11         (6)  This section expires June 30, 2007.

12         Section 6.  This act shall take effect October 1, 2004.

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






    Florida Senate - 2004                                   SB 198
    34-206-04




 1            *****************************************

 2                          SENATE SUMMARY

 3    Creates the Florida Infant Crib Safety Act. Provides
      definitions. Prohibits commercial users from
 4    manufacturing, remanufacturing, retrofitting, selling,
      contracting to sell or resell, leasing, or subletting
 5    specified cribs determined to be unsafe for use by
      infants. Prohibits transient public lodging
 6    establishments from offering or providing for use
      specified cribs determined to be unsafe for use by
 7    infants. Provides criteria for determining safety of
      infant cribs. Provides exemptions. Provides specified
 8    immunity from civil liability. Provides penalties.
      Provides that violation of the act constitutes an unfair
 9    and deceptive trade practice. Authorizes the Department
      of Agriculture and Consumer Services, the Department of
10    Business and Professional Regulation, and the Department
      of Children and Family Services to collaborate with
11    public agencies and private-sector entities to prepare
      specified public-education materials and programs.
12    Authorizes the Department of Agriculture and Consumer
      Services to adopt rules and prescribe forms. Prohibits
13    the use of certain cribs in public lodging
      establishments. Provides for regulation and rulemaking by
14    the Division of Hotels and Restaurants of the Department
      of Business and Professional Regulation. Prohibits unsafe
15    cribs in any child care facility, family day care home,
      large family child care home, or specialized child care
16    facility for the care of mildly ill children. Provides
      for enforcement and rulemaking powers of the Department
17    of Children and Family Services.

18    Creates an infant crib safety enforcement demonstration
      program. Provides that crib inspections are not required
19    in certain counties during the duration of the program.
      Requires crib inspections in certain counties during the
20    duration of the program. Provides requirements for crib
      inspections by the Department of Business and
21    Professional Regulation. Requires transient public
      lodging establishments to provide for inspection of
22    cribs. Requires a report. Provides for rulemaking by the
      Department of Business and Professional Regulation.
23    Provides for the expiration of the demonstration program.

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