House Bill hb1471e1

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                                          HB 1471, First Engrossed



  1                      A bill to be entitled

  2         An act relating to public food service

  3         establishments and alcoholic beverage licenses;

  4         amending s. 509.049, F.S.; revising provisions

  5         related to food service employee training

  6         programs; providing for audits and revocation

  7         of training program approval; providing

  8         rulemaking authority; repealing s. 561.32(6),

  9         F.S., relating to special transfer restrictions

10         and transfer fees pertaining to alcoholic

11         beverage licenses issued after a specified

12         date; providing an effective date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Section 509.049, Florida Statutes, is

17  amended to read:

18         509.049  Food service employee training.--

19         (1)  The division shall adopt, by rule, minimum food

20  safety protection standards for the training of all food

21  service employees who are responsible for the storage,

22  preparation, display, or serving of foods to the public in

23  establishments regulated under this chapter.  These standards

24  shall not include an examination, but shall provide for a food

25  safety training certificate program for food service employees

26  to be administered by a private nonprofit provider chosen by

27  the division.

28         (2)  The division shall issue a request for competitive

29  sealed proposals which includes a statement of the contractual

30  services sought and all terms and conditions applicable to the

31  contract.  The division shall award the contract to the


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                                          HB 1471, First Engrossed



  1  provider whose proposal is determined in writing to be the

  2  most advantageous to the state, taking into consideration the

  3  price and the other criteria set forth in the request for

  4  proposals.  The division shall contract with a provider on a

  5  4-year basis and is authorized to promulgate by rule a per

  6  employee fee to cover the contracted price for the program

  7  administered by the provider.  In making its selection, the

  8  division shall consider factors including, but not limited to,

  9  the experience and history of the provider in representing the

10  food service industry, the provider's demonstrated commitment

11  to food safety, and its ability to provide a statewide program

12  with industry support and participation.

13         (3)  Any food safety training program established and

14  administered to food handler employees utilized at a public

15  food service establishment prior to July 1, 2000, may the

16  effective date of this act shall be submitted by the operator

17  or the provider to the division for its review and approval.

18  If the food safety training program is found to be in

19  substantial compliance with the division's required criteria

20  and is approved by the division, nothing in this section shall

21  preclude any other operator of a food service establishment

22  from also utilizing the approved program or require the

23  employees of any operator to receive training from or pay a

24  fee to the division's contracted provider.  Review and

25  approval by the division of a program or programs under this

26  section shall include, but need not be limited to, the minimum

27  food safety standards adopted by the division in accordance

28  with this section.

29         (4)  Approval of a program is subject to the provider's

30  continued compliance with the division's minimum program

31  standards. The division may conduct random audits of approved


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                                          HB 1471, First Engrossed



  1  programs to determine compliance and may audit any program if

  2  it has reason to believe a program is not in compliance with

  3  this section. The division may revoke a program's approval if

  4  it finds a program to be in noncompliance with this section or

  5  the rules adopted under this section.

  6         (5)  It shall be the duty of the licensee of the public

  7  food service establishment to provide training in accordance

  8  with the described rule to all employees under the licensee's

  9  supervision or control.  The licensee may designate a

10  certified food service manager to perform this function as an

11  agent of the licensee. Food service employees must receive

12  certification pursuant to this section by January 1, 2001.

13  Food service employees hired after November 1, 2000, must

14  receive certification within 60 days after employment.

15  Certification pursuant to this section shall remain valid for

16  3 years.

17         (6)  The division may adopt rules pursuant to ss.

18  120.536(1) and 120.54 necessary to administer this section.

19  The rules may require:

20         (a)  The use of application forms, which may require,

21  but need not be limited to, the identification of training

22  components of the program and an applicant affidavit attesting

23  to the accuracy of the information provided in the

24  application;

25         (b)  Providers to maintain information concerning

26  establishments where they provide training pursuant to this

27  section;

28         (c)  Specific food-safety-related-subject-matter

29  training program components;

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                                          HB 1471, First Engrossed



  1         (d)  The licensee to be responsible for providing proof

  2  of employee training, and the division may request production

  3  of such proof upon inspection of the establishment.

  4         Section 2.  Subsection (6) of section 561.32, Florida

  5  Statutes, is repealed.

  6         Section 3.  This act shall take effect upon becoming a

  7  law.

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