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.