Amendment

Bill No. 0851

Amendment No. 506365

CHAMBER ACTION
Senate		House
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1	Representative Goodlette offered the following:
2
3	Amendment (with title amendment)
4	Between line(s) 670 and 671, insert:
5	Section 7.  Present subsections (10), (11), and (12) of
6	section 509.013, Florida Statutes, are renumbered subsections
7	(11), (12), and (13), respectively, and a new subsection (10) is
8	added to that section, to read:
9	509.013  Definitions.--As used in this chapter, the term:
10	(10)  "Third party provider" means, for purposes of s.
11	509.049, any provider of an approved food safety training
12	program that provides training or such a training program to a
13	public food service establishment that is not under common
14	ownership or control with the provider.
15	Section 8.  Subsections (3), (4), and (5) of section
16	509.049, Florida Statutes, are amended, present subsection (6)
17	of that section is redesignated as subsection (7), and new
18	subsections (6) and (8) are added to that section, to read:
19	509.049  Food service employee training.--
20	(3)  Any food safety training program established and
21	administered to food service handler employees utilized at a
22	licensed public food service establishment prior to July 1,
23	2000, shall may be submitted by the operator or the third party
24	provider to the division for its review and approval on or
25	before September 1, 2004.  If the food safety training program
26	is found to be in substantial compliance with the division's
27	required criteria and is approved by the division, nothing in
28	this section shall preclude any other operator of a food service
29	establishment from also utilizing the approved program or
30	require the employees of any operator to receive training from
31	or pay a fee to the division's contracted provider. Review and
32	approval by the division of a program or programs under this
33	section shall include, but need not be limited to, verification
34	that the licensed public food service establishment utilized the
35	program prior to July 1, 2000, and the minimum food safety
36	standards adopted by the division in accordance with this
37	section.
38	(4)  Approval of a program is subject to the provider's
39	continued compliance with the division's minimum program
40	standards. The division may conduct random audits of any
41	approved programs to determine compliance and may audit any
42	program if it has reason to believe a program is not in
43	compliance with this section. The division may revoke a
44	program's approval if it finds a program is not in compliance
45	with this section or the rules adopted under this section.
46	(5)  It shall be the duty of each the licensee of the
47	public food service establishment to provide training in
48	accordance with the described rule to all food service employees
49	of the public food service establishment under the licensee's
50	supervision or control.  The public food service establishment
51	licensee may designate any a certified food service manager to
52	perform this function as an agent of the licensee. Food service
53	employees must receive certification within 60 days after
54	employment. Certification pursuant to this section shall remain
55	valid for 3 years. All public food service establishments must
56	provide the division with proof of employee training upon
57	request, including, but not limited to, at the time of any
58	division inspection of the establishment. Proof of training for
59	each food service employee shall include the name of the trained
60	employee, the date of birth of the trained employee, the date
61	the training occurred, and the approved food safety training
62	program used.
63	(6)(a)  Third party providers shall issue to a public food
64	service establishment an original certificate for each employee
65	certified by the provider and an original card to be provided to
66	each certified employee. Such card or certificate shall be
67	produced by the certified food service employee or by the public
68	food service establishment, respectively, in its duly issued
69	original form upon request of the division.
70	(b)  Effective January 1, 2005, each third party provider
71	shall provide the following information on each employee upon
72	certification and recertification:  the name of the certified
73	food service employee, the employee's date of birth, the
74	employing food service establishment, the name of the certified
75	food manager who conducted the training, the training date, and
76	the certification expiration date. This information shall be
77	reported electronically to the division, in a format prescribed
78	by the division, within 30 days of certification or
79	recertification. The division shall compile the information into
80	an electronic database that is not directly or indirectly owned,
81	maintained, or installed by any nongovernmental provider of food
82	service training. A public food service establishment that
83	trains its employees using its own in-house, proprietary food
84	safety training program approved by the division, and which uses
85	its own employees to provide this training, shall be exempt from
86	the electronic reporting requirements of this paragraph, and
87	from the card or certificate requirement of paragraph (a).
88	(7)(6)  The division may adopt rules pursuant to ss.
89	120.536(1) and 120.54 necessary to administer this section. The
90	rules may require:
91	(a)  The use of application forms, which may require, but
92	need not be limited to, the identification of training
93	components of the program and an applicant affidavit attesting
94	to the accuracy of the information provided in the application;
95	(b)  Third party providers to maintain and electronically
96	submit information concerning establishments where they provide
97	training or training programs pursuant to this section;
98	(c)  Specific subject matter related to food safety for use
99	in training program components; and
100	(d)  The public food service establishment licensee to be
101	responsible for providing proof of employee training pursuant to
102	this section, and the division may request production of such
103	proof upon inspection of the establishment.
104	(8)  The following are violations for which the division
105	may impose administrative fines of up to $1,000 on a public food
106	service establishment, or suspend or revoke the approval of a
107	particular provider's use of a food safety training program:
108	(a)  Failure of a public food service establishment to
109	provide proof of training pursuant to subsection (5) upon
110	request by the division or an original certificate to the
111	division when required pursuant to paragraph (6)(a).
112	(b)  Failure of a third party provider to submit required
113	records pursuant to paragraph (6)(b) or to provide original
114	certificates or cards to a public food service establishment or
115	employee pursuant to paragraph (6)(a).
116	(c)  Participating in falsifying any training record.
117	(d)  Failure of the program to maintain the division's
118	minimum program standards.
119
120	================ T I T L E  A M E N D M E N T =============
121	Remove line(s) 48 and insert:
122	reference to conform; amending s. 509.013, F.S.; defining
123	the term "third party provider" for purposes of public
124	lodging and public food service establishments; amending
125	s. 509.049, F.S.; revising provisions regarding approval
126	of foods safety training programs and responsibilities of
127	public food service establishments, employees, and third
128	party providers of training; revising rulemaking
129	authority; providing penalties; providing an effective
130	date.

CODING: Words stricken are deletions; words underlined are additions.