HOUSE AMENDMENT
Bill No. HB 1471
Amendment No. 1 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on Business Regulation offered the following:
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13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
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16 and insert in lieu thereof:
17 Section 1. Section 509.049, Florida Statutes, is
18 amended to read:
19 509.049 Food service employee training.--
20 (1) The division shall adopt, by rule, minimum food
21 safety protection standards for the training of all food
22 service employees who are responsible for the storage,
23 preparation, display, or serving of foods to the public in
24 establishments regulated under this chapter. These standards
25 shall not include an examination, but shall provide for a food
26 safety training certificate program for food service employees
27 to be administered by a private nonprofit provider chosen by
28 the division.
29 (2) The division shall issue a request for competitive
30 sealed proposals which includes a statement of the contractual
31 services sought and all terms and conditions applicable to the
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HOUSE AMENDMENT
Bill No. HB 1471
Amendment No. 1 (for drafter's use only)
1 contract. The division shall award the contract to the
2 provider whose proposal is determined in writing to be the
3 most advantageous to the state, taking into consideration the
4 price and the other criteria set forth in the request for
5 proposals. The division shall contract with a provider on a
6 4-year basis and is authorized to promulgate by rule a per
7 employee fee to cover the contracted price for the program
8 administered by the provider. In making its selection, the
9 division shall consider factors including, but not limited to,
10 the experience and history of the provider in representing the
11 food service industry, the provider's demonstrated commitment
12 to food safety, and its ability to provide a statewide program
13 with industry support and participation.
14 (3) Any food safety training program established and
15 administered to food handler employees utilized at a public
16 food service establishment prior to July 1, 2000, may the
17 effective date of this act shall be submitted by the operator
18 or the provider to the division for its review and approval.
19 If the food safety training program is found to be in
20 substantial compliance with the division's required criteria
21 and is approved by the division, nothing in this section shall
22 preclude any other operator of a food service establishment
23 from also utilizing the approved program or require the
24 employees of any operator to receive training from or pay a
25 fee to the division's contracted provider. Review and
26 approval by the division of a program or programs under this
27 section shall include, but need not be limited to, the minimum
28 food safety standards adopted by the division in accordance
29 with this section.
30 (4) Approval of a program is subject to the provider's
31 continued compliance with the division's minimum program
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HOUSE AMENDMENT
Bill No. HB 1471
Amendment No. 1 (for drafter's use only)
1 standards. The division may conduct random audits of approved
2 programs to determine compliance and may audit any program if
3 it has reason to believe a program is not in compliance with
4 this section. The division may revoke a program's approval if
5 it finds a program to be in noncompliance with this section or
6 the rules adopted under this section.
7 (5) It shall be the duty of the licensee of the public
8 food service establishment to provide training in accordance
9 with the described rule to all employees under the licensee's
10 supervision or control. The licensee may designate a
11 certified food service manager to perform this function as an
12 agent of the licensee. Food service employees must receive
13 certification pursuant to this section by January 1, 2001.
14 Food service employees hired after November 1, 2000, must
15 receive certification within 60 days after employment.
16 Certification pursuant to this section shall remain valid for
17 3 years.
18 (6) The division may adopt rules pursuant to ss.
19 120.536(1) and 120.54 necessary to administer this section.
20 The rules may require:
21 (a) The use of application forms, which may require,
22 but need not be limited to, the identification of training
23 components of the program and an applicant affidavit attesting
24 to the accuracy of the information provided in the
25 application;
26 (b) Providers to maintain information concerning
27 establishments where they provide training pursuant to this
28 section;
29 (c) Specific food-safety-related-subject-matter
30 training program components;
31 (d) The licensee to be responsible for providing proof
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HOUSE AMENDMENT
Bill No. HB 1471
Amendment No. 1 (for drafter's use only)
1 of employee training, and the division may request production
2 of such proof upon inspection of the establishment.
3 Section 2. Subsection (6) of section 561.32, Florida
4 Statutes, is repealed.
5 Section 3. This act shall take effect upon becoming a
6 law.
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10 And the title is amended as follows:
11 On page 1, lines 2-15,
12 remove from the title of the bill:
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14 and insert in lieu thereof:
15 An act relating to public food service
16 establishments and alcoholic beverage licenses;
17 amending s. 509.049, F.S.; revising provisions
18 related to food service employee training
19 programs; providing for audits and revocation
20 of training program approval; providing
21 rulemaking authority; repealing s. 561.32(6),
22 F.S., relating to special transfer restrictions
23 and transfer fees pertaining to alcoholic
24 beverage licenses issued after a specified
25 date; providing an effective date.
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hri0001 04:14 pm 01471-br -942363