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       Florida Senate - 2010                                     SB 532
       
       
       
       By Senator Altman
       
       
       
       
       24-00400-10                                            2010532__
    1                        A bill to be entitled                      
    2         An act relating to food service inspections; amending
    3         s. 381.006, F.S.; requiring the Department of Health
    4         to conduct annual food service inspections of
    5         certified domestic violence centers; providing
    6         requirements for such food service inspections;
    7         amending s. 381.0072, F.S.; providing that the
    8         definition of the term “food service establishment”
    9         does not include certified domestic violence centers;
   10         providing an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Present subsection (17) of section 381.006,
   15  Florida Statutes, is redesignated as subsection (18), and a new
   16  subsection (17) is added to that section, 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         (17) Annual food service inspections of domestic violence
   24  centers that are certified and monitored by the Department of
   25  Children and Family Services pursuant to chapter 39. The
   26  department shall limit such food service inspections to
   27  compliance with the requirements in department rule which apply
   28  to community-based residential facilities having five or fewer
   29  residents; however, a certified domestic violence center is not
   30  subject to any department requirements that apply to food
   31  service establishments as defined in s. 381.0072.
   32  
   33  The department may adopt rules to carry out the provisions of
   34  this section.
   35         Section 2. Paragraph (b) of subsection (1) of section
   36  381.0072, Florida Statutes, is amended to read:
   37         381.0072 Food service protection.—It shall be the duty of
   38  the Department of Health to adopt and enforce sanitation rules
   39  consistent with law to ensure the protection of the public from
   40  food-borne illness. These rules shall provide the standards and
   41  requirements for the storage, preparation, serving, or display
   42  of food in food service establishments as defined in this
   43  section and which are not permitted or licensed under chapter
   44  500 or chapter 509.
   45         (1) DEFINITIONS.—As used in this section, the term:
   46         (b) “Food service establishment” means any facility, as
   47  described in this paragraph, where food is prepared and intended
   48  for individual portion service, and includes the site at which
   49  individual portions are provided. The term includes any such
   50  facility regardless of whether consumption is on or off the
   51  premises and regardless of whether there is a charge for the
   52  food. The term includes detention facilities, child care
   53  facilities, schools, institutions, civic or fraternal
   54  organizations, bars and lounges and facilities used at temporary
   55  food events, mobile food units, and vending machines at any
   56  facility regulated under this section. The term does not include
   57  private homes where food is prepared or served for individual
   58  family consumption; nor does the term include churches,
   59  synagogues, or other not-for-profit religious organizations as
   60  long as these organizations serve only their members and guests
   61  and do not advertise food or drink for public consumption, or
   62  any facility or establishment permitted or licensed under
   63  chapter 500 or chapter 509; nor does the term include any
   64  theater, if the primary use is as a theater and if patron
   65  service is limited to food items customarily served to the
   66  admittees of theaters; nor does the term include a research and
   67  development test kitchen limited to the use of employees and
   68  which is not open to the general public; nor does the term
   69  include any domestic violence center that is certified and
   70  monitored by the Department of Children and Family Services
   71  pursuant to chapter 39.
   72         Section 3. This act shall take effect July 1, 2010.

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