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





                                                  SENATE AMENDMENT

    Bill No. CS/HB 105, 1st Eng.

    Amendment No.    

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11  Senator Crist moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

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16  and insert:

17         Section 1.  Subsections (6) and (7) are added to

18  section 570.0725, Florida Statutes, to read:

19         570.0725  Food recovery; legislative intent; department

20  functions.--

21         (6)  It is the intent of the Legislature that each

22  potential donor, to the greatest extent possible and

23  practicable, make available to any bona fide charitable or

24  nonprofit organization, to any representative or volunteer

25  acting on behalf of such an organization, to an uncompensated

26  person acting in a philanthropic manner providing services

27  similar to those of such an organization, or to a transporter

28  any surplus or excess canned or perishable food for use by

29  such an organization or person to feed homeless persons or

30  other persons who are in need of food and are otherwise unable

31  to provide food for themselves. In achieving this intent, the

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 105, 1st Eng.

    Amendment No.    





 1  following provisions must be followed:

 2         (a)  Each donor shall make every reasonable effort to

 3  contact bona fide charitable or nonprofit organizations in the

 4  community in which the donor operates in order to provide for

 5  the collection by such organizations of any surplus or excess

 6  canned food or perishable food from the donor.

 7         (b)  Each bona fide charitable or nonprofit

 8  organization in this state which provides, as a part of the

 9  services that the organization provides to the community in

10  which it operates, food for persons who are in need of food or

11  are otherwise unable to provide food for themselves, or which

12  collects and transports such food to such organizations, shall

13  make every reasonable effort to contact any donors within the

14  organization's area of operations for purposes of collecting

15  any surplus or excess canned food or perishable food for use

16  in providing such services.

17         (7)  For public-information purposes, the department

18  shall develop a public-information brochure detailing the need

19  of food-recovery programs, the benefit of food-recovery

20  programs, the manner in which such organizations may become

21  involved in food-recovery programs, the protection afforded to

22  such programs under s. 768.136, and the food-recovery entities

23  or food banks that exist in the state. This brochure must be

24  updated annually.

25         Section 2.  The Department of Agriculture and Consumer

26  Services shall submit to the Governor, the President of the

27  Senate, and the Speaker of the House of Representatives by

28  November 1, 1998, a report summarizing state efforts in food

29  recovery and recommending legislative action to enhance such

30  efforts.

31         Section 3.  Paragraph (c) of subsection (2) of section

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 105, 1st Eng.

    Amendment No.    





 1  381.0072, Florida Statutes, is amended to read:

 2         381.0072  Food service protection.--It shall be the

 3  duty of the Department of Health to adopt and enforce

 4  sanitation rules consistent with law to ensure the protection

 5  of the public from food-borne illness. These rules shall

 6  provide the standards and requirements for the storage,

 7  preparation, serving, or display of food in food service

 8  establishments as defined in this section and which are not

 9  permitted or licensed under chapter 500 or chapter 509.

10         (2)  DUTIES.--

11         (c)  The department shall inspect each food service

12  establishment as often as necessary to ensure compliance with

13  applicable laws and rules. The department shall have the right

14  of entry and access to these food service establishments at

15  any reasonable time. In inspecting food service establishments

16  as provided under this section, the department shall provide

17  each inspected establishment with the food-recovery brochure

18  developed under s. 570.0725.

19         Section 4.  Paragraph (g) is added to subsection (2) of

20  section 509.032, Florida Statutes, and paragraph (c) of

21  subsection (3) of that section is amended to read:

22         509.032  Duties.--

23         (2)  INSPECTION OF PREMISES.--

24         (g)  In inspecting public food service establishments,

25  the department shall provide each inspected establishment with

26  the food-recovery brochure developed under s. 570.0725.

27         (3)  SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD

28  SERVICE EVENTS.--The division shall:

29         (c)  Administer a public notification process for

30  temporary food service events and distribute educational

31  materials that address safe food storage, preparation, and

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 105, 1st Eng.

    Amendment No.    





 1  service procedures.

 2         1.  Sponsors of temporary food service events shall

 3  notify the division not less than 3 days prior to the

 4  scheduled event of the type of food service proposed, the time

 5  and location of the event, a complete list of food service

 6  vendor owners and operators participating in each event, and

 7  the current license numbers of all public food service

 8  establishments participating in each event. Notification may

 9  be completed orally, by telephone, in person, or in writing.

10  A public food service establishment or food service vendor may

11  not use this notification process to circumvent the license

12  requirements of this chapter.

13         2.  The division shall keep a record of all

14  notifications received for proposed temporary food service

15  events and shall provide appropriate educational materials to

16  the event sponsors, including the food-recovery brochure

17  developed under s. 570.0725.

18         3.a.  A public food service establishment or other food

19  vendor must obtain a license from the division for each

20  temporary food service event in which it participates.

21         b.  Public food service establishments holding current

22  licenses from the division may operate under the regulations

23  of such a license at temporary food service events of 3 days

24  or less in duration.

25         Section 5.  Subsection (2) of section 509.302, Florida

26  Statutes, is amended to read:

27         509.302  Director of education, personnel, employment

28  duties, compensation.--

29         (2)  The director of education shall develop and

30  implement an educational program, designated the "Hospitality

31  Education Program," offered for the benefit of the entire

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 105, 1st Eng.

    Amendment No.    





 1  industry.  This program may affiliate with Florida State

 2  University, Florida International University, and the

 3  University of Central Florida.  The program may also affiliate

 4  with any other member of the State University System or State

 5  Community College System, or with any privately funded college

 6  or university, which offers a program of hospitality

 7  administration and management.  The primary goal of this

 8  program is to instruct and train all individuals and

 9  businesses licensed under this chapter, in cooperation with

10  recognized associations that represent the licensees, in the

11  application of state and federal laws and rules. Such programs

12  shall also include:

13         (a)  Vocational training.

14         (b)  Management training.

15         (c)  Inservice continuing education programs.

16         (d)  Awareness of food-recovery programs, as promoted

17  in s. 570.0725.

18         (e)(d)  Such other programs as may be deemed

19  appropriate by the director of the division, the advisory

20  council, and the director of education.

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

22  law.

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25  ================ T I T L E   A M E N D M E N T ===============

26  And the title is amended as follows:

27         Delete everything before the enacting clause

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29  and insert:

30         An act relating to distribution of surplus

31         food; amending s. 570.0725, F.S.; providing

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 105, 1st Eng.

    Amendment No.    





 1         legislative intent; providing application;

 2         requiring certain persons and organizations to

 3         make reasonable efforts to provide, collect,

 4         transport, and distribute certain excess or

 5         surplus food; requiring development of a

 6         public-information brochure; requiring a

 7         food-recovery report; amending s. 381.0072,

 8         F.S.; requiring information dissemination;

 9         amending s. 509.032, F.S.; requiring

10         information to be disseminated; amending s.

11         509.302, F.S.; including food-recovery

12         awareness as a subject area of the Hospitality

13         Education Program; providing an effective date.

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