HB 1595 2003
1	A bill to be entitled
2	An act relating to public food service establishments;
3	creating s. 509.082, F.S.; authorizing the Division of
4	Hotels and Restaurants of the Department of Business and
5	Professional Regulation to develop and implement a
6	recognition program for public food service
7	establishments; providing criteria, requirements, and
8	procedure for recognition under the program; providing
9	that such recognition is not transferable; providing
10	authorized uses of such recognition; requiring the
11	division to adopt a revised schedule for public food
12	service establishments awarded recognition under the
13	program; providing conditions with respect to such revised
14	schedule; providing for the adoption of rules; providing
15	an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1. Section 509.082, Florida Statutes, is created
20	to read:
21	509.082 Recognition program for public food service
22	establishments.--
23	(1) To promote the responsible and safe service of food
24	and alcoholic beverages to the public by public food service
25	establishments, and to help the public identify those
26	establishments that have demonstrated a firm commitment to
27	responsible and safe service, the Legislature hereby authorizes
28	the division to develop and implement a recognition program for
29	public food service establishments.
30	(2) Public food service establishments must meet the
31	following criteria to receive recognition under this program:
32	(a) Training and certification of all food service
33	managers pursuant to s. 509.039;
34	(b) Training of all food service employees pursuant to s.
35	509.049; and
36	(c) If the establishment serves alcoholic beverages,
37	training of all servers of alcoholic beverages and their
38	managers pursuant to s. 561.705.
39	(3) A public food service establishment may apply to the
40	division for recognition on forms adopted for this purpose by
41	the division. A public food service establishment must be
42	licensed and operating for 6 months before it is eligible to
43	apply for recognition under the program.
44	(4) The division shall establish by rule the frequency of
45	review required to maintain designation as a recognized facility
46	and the circumstances under which a public food service
47	establishment may be denied the use or continued use of the
48	designation. The designation of a public food service
49	establishment as a recognized facility is not transferable to
50	any other licensee except when an existing public food service
51	establishment is being relicensed in the name of an entity
52	related to the current licensee by common ownership or control.
53	(5)(a) Public food service establishments awarded
54	recognition under this program may use the designation in their
55	advertising and marketing.
56	(b) The division shall adopt a revised schedule of
57	inspections for public food service establishments awarded
58	recognition under the program. Recognized facilities may be
59	inspected no more frequently than twice per year, so long as the
60	facility maintains the standards associated with retaining
61	recognition. This limitation, however, does not prohibit
62	reinspections to determine whether one or more violations
63	identified in a previous inspection have been corrected, nor
64	does it prohibit inspections in response to a documented public
65	complaint or to a suspected outbreak of food-borne illness.
66	(6) The division shall adopt rules pursuant to ss.
67	120.536(7) and 120.54 for the purpose of administering this
68	section.
69	Section 2. This act shall take effect upon becoming a law.