SENATE AMENDMENT
Bill No. CS for CS for SB 2026
Amendment No. ___ Barcode 533194
CHAMBER ACTION
Senate House
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04/26/2004 04:34 PM .
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11 Senator Diaz de la Portilla moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 23, between lines 18 and 19,
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16 insert:
17 Section 7. Present subsections (10), (11), and (12) of
18 section 509.013, Florida Statutes, are renumbered subsections
19 (11), (12), and (13), respectively, and a new subsection (10)
20 is added to that section, to read:
21 509.013 Definitions.--As used in this chapter, the
22 term:
23 (10) "Third party provider" means, for purposes of s.
24 509.049, any provider of an approved food safety training
25 program that provides training or such a training program to a
26 public food service establishment that is not under common
27 ownership or control with the provider.
28 Section 8. Subsections (3), (4), and (5) of section
29 509.049, Florida Statutes, are amended, present subsection (6)
30 of that section is redesignated as subsection (7), and new
31 subsections (6) and (8) are added to that section, to read:
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SENATE AMENDMENT
Bill No. CS for CS for SB 2026
Amendment No. ___ Barcode 533194
1 509.049 Food service employee training.--
2 (3) Any food safety training program established and
3 administered to food service handler employees utilized at a
4 licensed public food service establishment prior to July 1,
5 2000, shall may be submitted by the operator or the third
6 party provider to the division for its review and approval on
7 or before September 1, 2004. If the food safety training
8 program is found to be in substantial compliance with the
9 division's required criteria and is approved by the division,
10 nothing in this section shall preclude any other operator of a
11 food service establishment from also utilizing the approved
12 program or require the employees of any operator to receive
13 training from or pay a fee to the division's contracted
14 provider. Review and approval by the division of a program or
15 programs under this section shall include, but need not be
16 limited to, verification that the licensed public food service
17 establishment utilized the program prior to July 1, 2000, and
18 the minimum food safety standards adopted by the division in
19 accordance with this section.
20 (4) Approval of a program is subject to the provider's
21 continued compliance with the division's minimum program
22 standards. The division may conduct random audits of any
23 approved programs to determine compliance and may audit any
24 program if it has reason to believe a program is not in
25 compliance with this section. The division may revoke a
26 program's approval if it finds a program is not in compliance
27 with this section or the rules adopted under this section.
28 (5) It shall be the duty of each the licensee of the
29 public food service establishment to provide training in
30 accordance with the described rule to all food service
31 employees of the public food service establishment under the
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SENATE AMENDMENT
Bill No. CS for CS for SB 2026
Amendment No. ___ Barcode 533194
1 licensee's supervision or control. The public food service
2 establishment licensee may designate any a certified food
3 service manager to perform this function as an agent of the
4 licensee. Food service employees must receive certification
5 within 60 days after employment. Certification pursuant to
6 this section shall remain valid for 3 years. All public food
7 service establishments must provide the division with proof of
8 employee training upon request, including, but not limited to,
9 at the time of any division inspection of the establishment.
10 Proof of training for each food service employee shall include
11 the name of the trained employee, the date of birth of the
12 trained employee, the date the training occurred, and the
13 approved food safety training program used.
14 (6)(a) Third party providers shall issue to a public
15 food service establishment an original certificate for each
16 employee certified by the provider and an original card to be
17 provided to each certified employee. Such card or certificate
18 shall be produced by the certified food service employee or by
19 the public food service establishment, respectively, in its
20 duly issued original form upon request of the division.
21 (b) Effective January 1, 2005, each third party
22 provider shall provide the following information on each
23 employee upon certification and recertification: the name of
24 the certified food service employee, the employee's date of
25 birth, the employing food service establishment, the name of
26 the certified food manager who conducted the training, the
27 training date, and the certification expiration date. This
28 information shall be reported electronically to the division,
29 in a format prescribed by the division, within 30 days of
30 certification or recertification. The division shall compile
31 the information into an electronic database that is not
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Bill No. CS for CS for SB 2026
Amendment No. ___ Barcode 533194
1 directly or indirectly owned, maintained, or installed by any
2 nongovernmental provider of food service training. A public
3 food service establishment that trains its employees using its
4 own in-house, proprietary food safety training program
5 approved by the division, and which uses its own employees to
6 provide this training, shall be exempt from the electronic
7 reporting requirements of this paragraph, and from the card or
8 certificate requirement of paragraph (a).
9 (7)(6) The division may adopt rules pursuant to ss.
10 120.536(1) and 120.54 necessary to administer this section.
11 The rules may require:
12 (a) The use of application forms, which may require,
13 but need not be limited to, the identification of training
14 components of the program and an applicant affidavit attesting
15 to the accuracy of the information provided in the
16 application;
17 (b) Third party providers to maintain and
18 electronically submit information concerning establishments
19 where they provide training or training programs pursuant to
20 this section;
21 (c) Specific subject matter related to food safety for
22 use in training program components; and
23 (d) The public food service establishment licensee to
24 be responsible for providing proof of employee training
25 pursuant to this section, and the division may request
26 production of such proof upon inspection of the establishment.
27 (8) The following are violations for which the
28 division may impose administrative fines of up to $1,000 on a
29 public food service establishment, or suspend or revoke the
30 approval of a particular provider's use of a food safety
31 training program:
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SENATE AMENDMENT
Bill No. CS for CS for SB 2026
Amendment No. ___ Barcode 533194
1 (a) Failure of a public food service establishment to
2 provide proof of training pursuant to subsection (5) upon
3 request by the division or an original certificate to the
4 division when required pursuant to paragraph (6)(a).
5 (b) Failure of a third party provider to submit
6 required records pursuant to paragraph (6)(b) or to provide
7 original certificates or cards to a public food service
8 establishment or employee pursuant to paragraph (6)(a).
9 (c) Participating in falsifying any training record.
10 (d) Failure of the program to maintain the division's
11 minimum program standards.
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13 (Redesignate subsequent sections.)
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16 ================ T I T L E A M E N D M E N T ===============
17 And the title is amended as follows:
18 On page 2, line 24, after the semicolon
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20 insert:
21 amending s. 509.013, F.S.; defining the term
22 "third party provider" for purposes of public
23 lodging and public food service establishments;
24 amending s. 509.049, F.S.; revising provisions
25 regarding approval of foods safety training
26 programs and responsibilities of public food
27 service establishments, employees, and third
28 party providers of training; revising
29 rulemaking authority; providing penalties;;
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