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Ex. DUT-FL-010 Standing duty Primary source read

Statute: Fla. Stat. § 509.221 (2020)

Sanitary regulations

Florida Legislature (codified statute); administered by the Department of Business and Professional Regulation, Division of Hotels and Restaurants · Florida (State)

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The record

Jurisdiction
Florida
Level
State
Authority
Fla. Const. art. III; Fla. Stat. ch. 509 (Lodging and Food Service Establishments)
Issued
2020-07-01 July 1, 2020
Effective
In force throughout 2020 Q2 through 2021 Q3 (read as 2020-07-01)
End
standing (read as 2021-09-30)
In force
Standing since July 1, 2020 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding dutyOperating condition
Addressees
  • specified businesses: public lodging establishments and public food service establishments licensed under ch. 509 (operators and their employees)
Character
sanitary code duty
Collection
Standing duties: Florida DUT-FL

Operative words

A person, while suffering from any contagious or communicable disease, while a carrier of such disease,... may not be employed by any establishment licensed under this chapter, in any capacity whereby there is a likelihood such disease could be transmitted to other individuals. An operator that has reason to believe that an employee may present a public health risk shall immediately notify...

Penalty

Fines up to $1,000 per offense, mandatory remedial education, and suspension or revocation of the license under s. 509.261 (Ex. DUT-FL-011); each day of violation of a 'critical law or rule' a separate offense

What it required

Every hotel, motel, vacation rental and restaurant licensed under chapter 509 had to be 'operated with strict regard to the health, comfort, and safety of the guests' (subs. (3)), could not employ a person with a communicable disease in any capacity in which transmission was likely, and had to report an employee presenting a public health risk to the health authority immediately (subs. (8)); bedding and rooms had to be 'thoroughly aired, disinfected, and kept clean' (subs. (6)).

Retrieval note

Rendered from the Florida Senate's 2020 page (Wayback capture of Mar. 15, 2021, within the period). Subsection (3) verbatim: 'Each establishment licensed under this chapter shall be properly lighted, heated, cooled, and ventilated and shall be operated with strict regard to the health, comfort, and safety of the guests.' Section 509.032(2)(d) (read in the official 2020 text; not separately saved) requires the Division to 'adopt and enforce sanitation rules consistent with law to ensure the protection of the public from food-borne illness' and to cooperate with the Department of Health 'in epidemiological investigations.' The DBPR's 'Mandatory Measures' for restaurants under EO 20-123 (Ex. AGY-ST-ALCOHOL-055) required adherence 'to all existing provisions of the 2017 FDA Food Code as adopted by the Florida Division of Hotels & Restaurants.'.