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       Florida Senate - 2010                              CS for SB 532
       By the Committee on Health Regulation; and Senator Altman
       588-01388-10                                           2010532c1
    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         under certain circumstances; providing an effective
   11         date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Present subsection (17) of section 381.006,
   16  Florida Statutes, is redesignated as subsection (18), and a new
   17  subsection (17) is added to that section, to read:
   18         381.006 Environmental health.—The department shall conduct
   19  an environmental health program as part of fulfilling the
   20  state’s public health mission. The purpose of this program is to
   21  detect and prevent disease caused by natural and manmade factors
   22  in the environment. The environmental health program shall
   23  include, but not be limited to:
   24         (17) Annual food service inspections of domestic violence
   25  centers that are certified and monitored by the Department of
   26  Children and Family Services pursuant to chapter 39. The
   27  department shall limit such food service inspections to
   28  compliance with the requirements in department rule which apply
   29  to community-based residential facilities having five or fewer
   30  residents.
   32  The department may adopt rules to carry out the provisions of
   33  this section.
   34         Section 2. Paragraph (b) of subsection (1) of section
   35  381.0072, Florida Statutes, is amended to read:
   36         381.0072 Food service protection.—It shall be the duty of
   37  the Department of Health to adopt and enforce sanitation rules
   38  consistent with law to ensure the protection of the public from
   39  food-borne illness. These rules shall provide the standards and
   40  requirements for the storage, preparation, serving, or display
   41  of food in food service establishments as defined in this
   42  section and which are not permitted or licensed under chapter
   43  500 or chapter 509.
   44         (1) DEFINITIONS.—As used in this section, the term:
   45         (b) “Food service establishment” means any facility, as
   46  described in this paragraph, where food is prepared and intended
   47  for individual portion service, and includes the site at which
   48  individual portions are provided. The term includes any such
   49  facility regardless of whether consumption is on or off the
   50  premises and regardless of whether there is a charge for the
   51  food. The term includes detention facilities, child care
   52  facilities, schools, institutions, civic or fraternal
   53  organizations, bars and lounges and facilities used at temporary
   54  food events, mobile food units, and vending machines at any
   55  facility regulated under this section. The term does not include
   56  private homes where food is prepared or served for individual
   57  family consumption; nor does the term include churches,
   58  synagogues, or other not-for-profit religious organizations as
   59  long as these organizations serve only their members and guests
   60  and do not advertise food or drink for public consumption, or
   61  any facility or establishment permitted or licensed under
   62  chapter 500 or chapter 509; nor does the term include any
   63  theater, if the primary use is as a theater and if patron
   64  service is limited to food items customarily served to the
   65  admittees of theaters; nor does the term include a research and
   66  development test kitchen limited to the use of employees and
   67  which is not open to the general public; nor does the term
   68  include any domestic violence center that is certified and
   69  monitored by the Department of Children and Family Services
   70  pursuant to chapter 39 as long as the center provides food for
   71  its residents to prepare for themselves only and does not
   72  advertise food or drink for public consumption.
   73         Section 3. This act shall take effect July 1, 2010.

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