House Bill 0105e2

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                                       CS/HB 105, Second Engrossed



  1                      A bill to be entitled

  2         An act relating to distribution of surplus

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

  4         legislative intent; providing application;

  5         requiring certain persons and organizations to

  6         make reasonable efforts to provide, collect,

  7         transport, and distribute certain excess or

  8         surplus food; requiring development of a

  9         public-information brochure; requiring a

10         food-recovery report; amending s. 381.0072,

11         F.S.; requiring information dissemination;

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

13         information to be disseminated; amending s.

14         509.302, F.S.; including food-recovery

15         awareness as a subject area of the Hospitality

16         Education Program; providing an effective date.

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

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

21  section 570.0725, Florida Statutes, to read:

22         570.0725  Food recovery; legislative intent; department

23  functions.--

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

25  potential donor, to the greatest extent possible and

26  practicable, make available to any bona fide charitable or

27  nonprofit organization, to any representative or volunteer

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

29  person acting in a philanthropic manner providing services

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

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


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                                       CS/HB 105, Second Engrossed



  1  such an organization or person to feed homeless persons or

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

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

  4  following provisions must be followed:

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

  6  contact bona fide charitable or nonprofit organizations in the

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

  8  the collection by such organizations of any surplus or excess

  9  canned food or perishable food from the donor.

10         (b)  Each bona fide charitable or nonprofit

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

12  services that the organization provides to the community in

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

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

15  collects and transports such food to such organizations, shall

16  make every reasonable effort to contact any donors within the

17  organization's area of operations for purposes of collecting

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

19  in providing such services.

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

21  shall develop a public-information brochure detailing the need

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

23  programs, the manner in which such organizations may become

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

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

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

27  updated annually.

28         Section 2.  The Department of Agriculture and Consumer

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

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

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


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                                       CS/HB 105, Second Engrossed



  1  recovery and recommending legislative action to enhance such

  2  efforts.

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

  4  381.0072, Florida Statutes, is amended to read:

  5         381.0072  Food service protection.--It shall be the

  6  duty of the Department of Health to adopt and enforce

  7  sanitation rules consistent with law to ensure the protection

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

  9  provide the standards and requirements for the storage,

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

11  establishments as defined in this section and which are not

12  permitted or licensed under chapter 500 or chapter 509.

13         (2)  DUTIES.--

14         (c)  The department shall inspect each food service

15  establishment as often as necessary to ensure compliance with

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

17  of entry and access to these food service establishments at

18  any reasonable time. In inspecting food service establishments

19  as provided under this section, the department shall provide

20  each inspected establishment with the food-recovery brochure

21  developed under s. 570.0725.

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

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

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

25         509.032  Duties.--

26         (2)  INSPECTION OF PREMISES.--

27         (g)  In inspecting public food service establishments,

28  the department shall provide each inspected establishment with

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

30         (3)  SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD

31  SERVICE EVENTS.--The division shall:


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                                       CS/HB 105, Second Engrossed



  1         (c)  Administer a public notification process for

  2  temporary food service events and distribute educational

  3  materials that address safe food storage, preparation, and

  4  service procedures.

  5         1.  Sponsors of temporary food service events shall

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

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

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

  9  vendor owners and operators participating in each event, and

10  the current license numbers of all public food service

11  establishments participating in each event. Notification may

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

13  A public food service establishment or food service vendor may

14  not use this notification process to circumvent the license

15  requirements of this chapter.

16         2.  The division shall keep a record of all

17  notifications received for proposed temporary food service

18  events and shall provide appropriate educational materials to

19  the event sponsors, including the food-recovery brochure

20  developed under s. 570.0725.

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

22  vendor must obtain a license from the division for each

23  temporary food service event in which it participates.

24         b.  Public food service establishments holding current

25  licenses from the division may operate under the regulations

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

27  or less in duration.

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

29  Statutes, is amended to read:

30         509.302  Director of education, personnel, employment

31  duties, compensation.--


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                                       CS/HB 105, Second Engrossed



  1         (2)  The director of education shall develop and

  2  implement an educational program, designated the "Hospitality

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

  4  industry.  This program may affiliate with Florida State

  5  University, Florida International University, and the

  6  University of Central Florida.  The program may also affiliate

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

  8  Community College System, or with any privately funded college

  9  or university, which offers a program of hospitality

10  administration and management.  The primary goal of this

11  program is to instruct and train all individuals and

12  businesses licensed under this chapter, in cooperation with

13  recognized associations that represent the licensees, in the

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

15  shall also include:

16         (a)  Vocational training.

17         (b)  Management training.

18         (c)  Inservice continuing education programs.

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

20  in s. 570.0725.

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

22  appropriate by the director of the division, the advisory

23  council, and the director of education.

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

25  law.

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