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.