CS for CS for SB 532                             First Engrossed
       
       
       
       
       
       
       
       
       2010532e1
       
    1                        A bill to be entitled                      
    2         An act relating to food service inspections of
    3         domestic violence centers and group care homes;
    4         amending s. 381.006, F.S.; including the investigation
    5         of food service programs for domestic violence centers
    6         and group care homes within the Department of Health’s
    7         environmental health program; amending s. 381.0072,
    8         F.S.; revising the definition of the term “food
    9         service establishment” to exclude domestic violence
   10         centers under certain conditions; providing an
   11         effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (18) is added to section 381.006,
   16  Florida Statutes, to read:
   17         381.006 Environmental health.—The department shall conduct
   18  an environmental health program as part of fulfilling the
   19  state’s public health mission. The purpose of this program is to
   20  detect and prevent disease caused by natural and manmade factors
   21  in the environment. The environmental health program shall
   22  include, but not be limited to:
   23         (18)A food service inspection function for domestic
   24  violence centers that are certified and monitored by the
   25  Department of Children and Family Services under part XIII of
   26  chapter 39 and group care homes as described in subsection (16)
   27  which shall be conducted annually and be limited to the
   28  requirements in department rule applicable to community-based
   29  residential facilities having five or fewer residents.
   30  
   31  The department may adopt rules to carry out the provisions of
   32  this section.
   33         Section 2. Paragraph (b) of subsection (1) of section
   34  381.0072, Florida Statutes, is amended to read:
   35         381.0072 Food service protection.—It shall be the duty of
   36  the Department of Health to adopt and enforce sanitation rules
   37  consistent with law to ensure the protection of the public from
   38  food-borne illness. These rules shall provide the standards and
   39  requirements for the storage, preparation, serving, or display
   40  of food in food service establishments as defined in this
   41  section and which are not permitted or licensed under chapter
   42  500 or chapter 509.
   43         (1) DEFINITIONS.—As used in this section, the term:
   44         (b) “Food service establishment” means any facility, as
   45  described in this paragraph, where food is prepared and intended
   46  for individual portion service, and includes the site at which
   47  individual portions are provided. The term includes any such
   48  facility regardless of whether consumption is on or off the
   49  premises and regardless of whether there is a charge for the
   50  food. The term includes detention facilities, child care
   51  facilities, schools, institutions, civic or fraternal
   52  organizations, bars and lounges and facilities used at temporary
   53  food events, mobile food units, and vending machines at any
   54  facility regulated under this section. The term does not include
   55  private homes where food is prepared or served for individual
   56  family consumption; nor does the term include churches,
   57  synagogues, or other not-for-profit religious organizations as
   58  long as these organizations serve only their members and guests
   59  and do not advertise food or drink for public consumption, or
   60  any facility or establishment permitted or licensed under
   61  chapter 500 or chapter 509; nor does the term include any
   62  theater, if the primary use is as a theater and if patron
   63  service is limited to food items customarily served to the
   64  admittees of theaters; nor does the term include a research and
   65  development test kitchen limited to the use of employees and
   66  which is not open to the general public; nor does the term
   67  include a domestic violence center certified and monitored by
   68  the Department of Children and Family Services under part XIII
   69  of chapter 39 if the center does not prepare and serve food to
   70  its residents and does not advertise food or drink for public
   71  consumption.
   72         Section 3. This act shall take effect July 1, 2010.


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