March 31, 2020
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HB 295

A bill to be entitled
2An act relating to food service inspections of domestic
3violence centers; amending s. 381.006, F.S.; including the
4investigation of domestic violence center food service
5programs within the Department of Health's environmental
6health program; amending s. 381.0072, F.S.; revising the
7definition of the term "food service establishment" to
8exclude domestic violence centers; providing an effective
11Be It Enacted by the Legislature of the State of Florida:
13     Section 1.  Subsection (18) is added to section 381.006,
14Florida Statutes, to read:
15     381.006  Environmental health.--The department shall
16conduct an environmental health program as part of fulfilling
17the state's public health mission. The purpose of this program
18is to detect and prevent disease caused by natural and manmade
19factors in the environment. The environmental health program
20shall include, but not be limited to:
21     (18)  A food service inspection function for domestic
22violence centers that are certified and monitored by the
23Department of Children and Family Services under part XIII of
24chapter 39, which shall be conducted annually and be limited to
25the requirements in department rule applicable to community-
26based residential facilities with five or fewer residents.
28The department may adopt rules to carry out the provisions of
29this section.
30     Section 2.  Paragraph (b) of subsection (1) of section
31381.0072, Florida Statutes, is amended to read:
32     381.0072  Food service protection.--It shall be the duty of
33the Department of Health to adopt and enforce sanitation rules
34consistent with law to ensure the protection of the public from
35food-borne illness. These rules shall provide the standards and
36requirements for the storage, preparation, serving, or display
37of food in food service establishments as defined in this
38section and which are not permitted or licensed under chapter
39500 or chapter 509.
40     (1)  DEFINITIONS.--As used in this section, the term:
41     (b)  "Food service establishment" means any facility, as
42described in this paragraph, where food is prepared and intended
43for individual portion service, and includes the site at which
44individual portions are provided. The term includes any such
45facility regardless of whether consumption is on or off the
46premises and regardless of whether there is a charge for the
47food. The term includes detention facilities, child care
48facilities, schools, institutions, civic or fraternal
49organizations, bars and lounges and facilities used at temporary
50food events, mobile food units, and vending machines at any
51facility regulated under this section. The term does not include
52private homes where food is prepared or served for individual
53family consumption; nor does the term include churches,
54synagogues, or other not-for-profit religious organizations as
55long as these organizations serve only their members and guests
56and do not advertise food or drink for public consumption, or
57any facility or establishment permitted or licensed under
58chapter 500 or chapter 509; nor does the term include any
59theater, if the primary use is as a theater and if patron
60service is limited to food items customarily served to the
61admittees of theaters; nor does the term include a research and
62development test kitchen limited to the use of employees and
63which is not open to the general public; nor does the term
64include a domestic violence center certified and monitored by
65the Department of Children and Family Services under part XIII
66of chapter 39.
67     Section 3.  This act shall take effect July 1, 2010.

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