Senate Bill sb1312e1

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  1                      A bill to be entitled

  2         An act relating to public health; amending ss.

  3         39.201, 63.0423, 383.50, 827.035, F.S.;

  4         expanding the type of personnel and facilities

  5         that may accept abandoned newborns; amending s.

  6         154.02, F.S.; requiring that certain moneys in

  7         each County Health Department Trust Fund be set

  8         aside and used for specified purposes; amending

  9         s. 232.465, F.S.; expanding the type of

10         personnel that may supervise nonmedical school

11         district personnel; providing technical

12         corrections; amending s. 381.0059, F.S.;

13         revising background-screening requirements for

14         school health service personnel; amending s.

15         381.026, F.S., relating to the Florida

16         Patient's Bill of Rights and Responsibilities;

17         replacing references to the term "physical

18         handicap" with the term "handicap"; amending

19         ss. 382.003, 382.004, 382.013, 382.016,

20         382.0255, F.S.; modifying provisions relating

21         to vital records; amending s. 383.402, F.S.;

22         modifying the annual report date for child

23         abuse death reviews; amending s. 401.113, F.S.;

24         providing for use of funds in the Emergency

25         Medical Services Trust Fund for injury

26         prevention programs; amending s. 401.27, F.S.;

27         authorizing the department to define by rule

28         the equivalent of cardiopulmonary resuscitation

29         courses for emergency medical technicians and

30         paramedics; exempting emergency medical

31         services examination questions and answers from


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  1         discovery; providing conditions for

  2         introduction in administrative proceedings;

  3         repealing s. 404.056(2), F.S., relating to the

  4         Florida Coordinating Council on Radon

  5         Protection; amending s. 404.056, F.S.; deleting

  6         an obsolete environmental radiation

  7         soil-testing requirement; clarifying rulemaking

  8         authority; amending s. 499.012, F.S.; revising

  9         provisions relating to pharmacy wholesaler

10         permits; amending s. 742.10, F.S.; requiring a

11         voluntary acknowledgement of paternity for a

12         child born out of wedlock to be notarized;

13         amending s. 743.0645, F.S., relating to consent

14         to medical care or treatment of a minor;

15         providing that a power of attorney to provide

16         such consent includes the power to consent to

17         surgical and general anesthesia services;

18         amending s. 381.0056, F.S.; providing

19         requirements for school health programs funded

20         by health care districts or certain health care

21         entities; creating s. 391.037, F.S.; providing

22         that the furnishing of medical services by

23         state employees under specified conditions does

24         not constitute a conflict of interest; amending

25         s. 383.14, F.S.; specifying that screenings for

26         specified medical disorders must be performed

27         by the state Public Health Laboratory;

28         repealing s. 71(1) of ch. 98-171, Laws of

29         Florida; abrogating the repeal of provisions of

30         law which require background screening of

31         applicants for licensure, certification, or


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  1         registration; amending s. 509.049, F.S.;

  2         revising provisions relating to food service

  3         employee training programs; providing for

  4         audits and revocation of training program

  5         approval; providing rulemaking authority;

  6         providing effective dates.

  7

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

  9

10         Section 1.  Paragraph (f) of subsection (2) of section

11  39.201, Florida Statutes, is amended to read:

12         39.201  Mandatory reports of child abuse, abandonment,

13  or neglect; mandatory reports of death; central abuse

14  hotline.--

15         (2)

16         (f)  Reports involving abandoned newborn infants as

17  described in s. 383.50 shall be made and received by the

18  department.

19         1.  If the report is of an abandoned newborn infant as

20  described in s. 383.50 and there is no indication of abuse,

21  neglect, or abandonment of the infant other than that

22  necessarily entailed in the infant having been left at a fire

23  station or hospital, emergency medical services station, or

24  fire station, the department shall provide to the caller the

25  name of a licensed child-placing agency on a rotating basis

26  from a list of licensed child-placing agencies eligible and

27  required to accept physical custody of and to place newborn

28  infants left at a hospital, emergency medical services

29  station, or a fire station. The report shall not be considered

30  a report of abuse, neglect, or abandonment solely because the

31


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  1  infant has been left at a hospital, emergency medical services

  2  station, or fire station pursuant to s. 383.50.

  3         2.  If the caller reports indications of abuse or

  4  neglect beyond that necessarily entailed in the infant having

  5  been left at a fire station or hospital, emergency medical

  6  services station, or fire station, the report shall be

  7  considered as a report of abuse, neglect, or abandonment and

  8  shall be subject to the requirements of s. 39.395 and all

  9  other relevant provisions of this chapter, notwithstanding any

10  provisions of chapter 383.

11         Section 2.  Subsections (1) and (4), paragraph (c) of

12  subsection (7), and subsection (10) of section 63.0423,

13  Florida Statutes, are amended to read:

14         63.0423  Procedures with respect to abandoned

15  newborns.--

16         (1)  A licensed child-placing agency that takes

17  physical custody of a newborn infant left at a hospital,

18  emergency medical services station, or a fire station pursuant

19  to s. 383.50, shall assume responsibility for all medical

20  costs and all other costs associated with the emergency

21  services and care of the newborn infant from the time the

22  licensed child-placing agency takes physical custody of the

23  newborn infant.

24         (4)  Within 7 days after accepting physical custody of

25  the newborn infant, the licensed child-placing agency shall

26  initiate a diligent search to notify and to obtain consent

27  from a parent whose identity or location is unknown, other

28  than the parent who has left a newborn infant at a fire

29  station or a hospital, emergency medical services station, or

30  fire station in accordance with s. 383.50. The diligent search

31  must include, at a minimum, inquiries of all known relatives


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  1  of the parent, inquiries of all offices or program areas of

  2  the department likely to have information about the parent,

  3  inquiries of other state and federal agencies likely to have

  4  information about the parent, inquiries of appropriate utility

  5  and postal providers and inquiries of appropriate law

  6  enforcement agencies. Constructive notice must also be

  7  provided pursuant to chapter 49 in the county where the

  8  newborn infant was left and in the county where the petition

  9  to terminate parental rights will be filed. The constructive

10  notice must include at a minimum, available identifying

11  information, and information on whom a parent must contact in

12  order to assert a claim of parental rights of the newborn

13  infant and how to assert that claim. If a parent is identified

14  and located, notice of the adjudicatory hearing shall be

15  provided. If a parent can not be identified or located

16  subsequent to the diligent search and constructive notice, the

17  licensed child-placing agency shall file an affidavit of

18  diligent search at the same time that the petition to

19  terminate parental rights is filed.

20         (7)  If a claim of parental rights of a newborn infant

21  is made before the judgment to terminate parental rights is

22  entered, the circuit court shall hold the action for

23  termination of parental rights pending subsequent adoption in

24  abeyance for a period of time not to exceed 60 days.

25         (c)  The court may not terminate parental rights solely

26  on the basis that the parent left a newborn infant at a

27  hospital, emergency medical services station, or fire station

28  in accordance with s. 383.50.

29         (10)  Except to the extent expressly provided in this

30  section, proceedings initiated by a licensed child-placing

31  agency for the termination of parental rights and subsequent


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  1  adoption of a newborn left at a hospital, emergency medical

  2  services station, or a fire station in accordance with s.

  3  383.50 shall be conducted pursuant to this chapter 63.

  4         Section 3.  Subsection (3) of section 154.02, Florida

  5  Statutes, is amended to read:

  6         154.02  County Health Department Trust Fund.--

  7         (3)  The County Health Department Trust Fund shall be

  8  governed as follows:

  9         (a)  Each county health department shall be accounted

10  for separately within the trust fund.;

11         (b)  For each participating county, the trust fund

12  shall be divided into three levels of service, one for each

13  type of service to be provided pursuant to s. 154.01(2)(a),

14  (b), and (c).;

15         (c)  Funds appropriated by the Legislature or any

16  county for the purpose of providing county health department

17  services, as defined in s. 154.01(2), shall be disbursed

18  through the trust fund.;

19         (d)  Under no circumstances may there be transfers of

20  funds between levels of service without the proper contract

21  amendments unless the county health department director

22  determines that an emergency exists wherein a time delay would

23  endanger the public health and the State Health Officer has

24  approved the transfer. The State Health Officer shall forward

25  written evidence of his or her approval to the county health

26  department within 30 days after the transfer.; and

27         (e)  Any surplus funds, including fees or accrued

28  interest, remaining in any county health department account at

29  the end of the fiscal year shall be credited to the state or

30  county, as appropriate, in such amounts as may be determined

31  by multiplying the surplus funds remaining in a program


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  1  account by the percentage of funding provided by each

  2  governmental entity for the rendering of the particular health

  3  service for which such account was established.  Such surplus

  4  funds may be applied toward the funding requirements of each

  5  participating governmental entity in the following year;

  6  however, in each such case, all surplus funds, including fees

  7  and accrued interest, shall remain in the trust fund and shall

  8  be accounted for in a manner which clearly illustrates the

  9  amount which has been credited to each participating

10  governmental entity.

11         (f)  At a minimum, the trust fund shall consist of:

12         1.  An operating reserve, consisting of 8.5 percent of

13  the annual operating budget, to be maintained to ensure

14  adequate cash flow from non-state revenue sources.

15         2.  An emergency fund of $500,000, derived from an

16  annual assessment on county health department funds based upon

17  their proportionate share of state general revenue, to be

18  maintained for county health departments for use in responding

19  to public health emergencies such as epidemics and natural

20  disasters. The emergency fund shall be increased each July 1

21  by the increase in the consumer price index that occurred

22  during the previous 12 months.

23         3.  A fixed capital outlay fund for nonrecurring

24  expenses that are needed for the renovation and expansion of

25  facilities, and for the construction of new and replacement

26  facilities identified by the Department of Health in

27  conjunction with the board of county commissioners in their

28  annual state-county contract and approved by the secretary of

29  the department. These funds may not be used for construction

30  projects unless there is a specific appropriation included in

31  the General Appropriations Act for this purpose.


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  1         Section 4.  Subsections (2) and (3) of section 232.465,

  2  Florida Statutes, are amended to read:

  3         232.465  Provision of medical services; restrictions.--

  4         (2)  Nonmedical assistive personnel shall be allowed to

  5  perform health-related services upon successful completion of

  6  child-specific training by a registered nurse or advanced

  7  registered nurse practitioner licensed under chapter 464, a

  8  licensed practical nurse, a physician licensed pursuant to

  9  chapter 458 or chapter 459, or a physician assistant licensed

10  pursuant to chapter 458 or chapter 459.  All procedures shall

11  be monitored periodically by a the nurse, advanced registered

12  nurse practitioner, physician assistant, or physician.  Those

13  procedures include, but are not limited to:

14         (a)  Cleaning Intermittent clean catheterization.

15         (b)  Gastrostomy tube feeding.

16         (c)  Monitoring blood glucose.

17         (d)  Administering emergency injectable medication.

18         (3)  For all other invasive medical services not listed

19  in this section subsection (1) or subsection (2), a registered

20  nurse or advanced registered nurse practitioner licensed under

21  chapter 464, a licensed practical nurse, a physician licensed

22  pursuant to chapter 458 or chapter 459, or a physician

23  assistant licensed pursuant to chapter 458 or chapter 459

24  shall determine if nonmedical school district personnel shall

25  be allowed to perform such service.

26         Section 5.  Section 381.0059, Florida Statutes, is

27  amended to read:

28         381.0059  Background screening requirements for school

29  health services personnel.--

30         (1)(a)  Pursuant to the provisions of chapter 435, any

31  person who provides services under a school health services


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  1  plan pursuant to s. 381.0056 must meet complete level 2

  2  screening requirements as described in s. 435.04 as provided

  3  in chapter 435. A person may satisfy the requirements of this

  4  subsection by submitting proof of compliance with the

  5  requirements of level 2 screening under s. 435.04, conducted

  6  within 12 months before the date that person initially

  7  provides services under a school health services plan pursuant

  8  to s. 381.0056.

  9         (2)  A person may provide Any person who provides

10  services under a school health services plan pursuant to s.

11  381.0056 prior to the completion of level 2 screening.

12  However, shall be on probationary status pending the results

13  of the level 2 screening, such person may not be alone with a

14  minor.

15         (b)  In order to conduct level 2 screening, any person

16  who provides services under a school health services plan

17  pursuant to s. 381.0056 must furnish to the Department of

18  Health a full set of fingerprints to enable the department to

19  conduct a criminal background investigation. Each person who

20  provides services under a school health services plan pursuant

21  to s. 381.0056 must file a complete set of fingerprints taken

22  by an authorized law enforcement officer and must provide

23  sufficient information for a statewide criminal records

24  correspondence check through the Florida Department of Law

25  Enforcement. The Department of Health shall submit the

26  fingerprints to the Florida Department of Law Enforcement for

27  a statewide criminal history check, and the Florida Department

28  of Law Enforcement shall forward the fingerprints to the

29  Federal Bureau of Investigation for a national criminal

30  history check.

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  1         (c)  The person subject to the required background

  2  screening or his or her employer must pay the fees required to

  3  obtain the background screening. Payment for the screening

  4  must be submitted to the Department of Health. The Florida

  5  Department of Law Enforcement shall charge the Department of

  6  Health for a level 2 screening at a rate sufficient to cover

  7  the costs of such screening pursuant to s. 943.053(3). The

  8  Department of Health shall establish a schedule of fees to

  9  cover the costs of the level 2 screening. The applicant or his

10  or her employer who pays for the required screening may be

11  reimbursed by the Department of Health from funds designated

12  for this purpose.

13         (2)(a)  When the Department of Health has reasonable

14  cause to believe that grounds exist for the disqualification

15  of any person providing services under a school health

16  services plan pursuant to s. 381.0056, as a result of

17  background screening, it shall notify the person in writing,

18  stating the specific record that indicates noncompliance with

19  the level 2 screening standards. The Department of Health must

20  disqualify any person from providing services under a school

21  health services plan pursuant to s. 381.0056 if the department

22  finds that the person is not in compliance with the level 2

23  screening standards. A person who provides services under a

24  school health plan pursuant to s. 381.0056 on a probationary

25  status and who is disqualified because of the results of his

26  or her background screening may contest that disqualification.

27         (3)(b)  As provided in s. 435.07, the Department of

28  Health may grant an exemption from disqualification to provide

29  a person providing services under a school health services

30  plan pursuant to s. 381.0056 who has not received a

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  1  professional license or certification from the Department of

  2  Health.

  3         (c)  As provided in s. 435.07, the Department of Health

  4  may grant an exemption from disqualification to a person

  5  providing services under a school health services plan

  6  pursuant to s. 381.0056 who has received a professional

  7  license or certification from the Department of Health.

  8         (3)  Any person who is required to undergo the

  9  background screening to provide services under a school health

10  plan pursuant to s. 381.0056 who refuses to cooperate in such

11  screening or refuses to submit the information necessary to

12  complete the screening, including fingerprints, shall be

13  disqualified for employment or volunteering in such position

14  or, if employed, shall be dismissed.

15         (4)  Under penalty of perjury, each person who provides

16  services under a school health plan pursuant to s. 381.0056

17  must attest to meeting the level 2 screening requirements for

18  participation under the plan and agree to inform his or her

19  employer the Department of Health immediately if convicted of

20  any disqualifying offense while providing services under a

21  school health services plan pursuant to s. 381.0056.

22         (5)  As used in this section, the term "person who

23  provides services under a school health services plan"

24  includes unpaid volunteers, except for does not include an

25  unpaid volunteer who lectures students in group settings on

26  health education topics.

27         Section 6.  Paragraph (d) of subsection (4) and

28  subsection (6) of section 381.026, Florida Statutes, are

29  amended to read:

30         381.026  Florida Patient's Bill of Rights and

31  Responsibilities.--


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  1         (4)  RIGHTS OF PATIENTS.--Each health care facility or

  2  provider shall observe the following standards:

  3         (d)  Access to health care.--

  4         1.  A patient has the right to impartial access to

  5  medical treatment or accommodations, regardless of race,

  6  national origin, religion, physical handicap, or source of

  7  payment.

  8         2.  A patient has the right to treatment for any

  9  emergency medical condition that will deteriorate from failure

10  to provide such treatment.

11         (6)  SUMMARY OF RIGHTS AND RESPONSIBILITIES.--Any

12  health care provider who treats a patient in an office or any

13  health care facility licensed under chapter 395 that provides

14  emergency services and care or outpatient services and care to

15  a patient, or admits and treats a patient, shall adopt and

16  make available to the patient, in writing, a statement of the

17  rights and responsibilities of patients, including the

18  following:

19

20              SUMMARY OF THE FLORIDA PATIENT'S BILL

21                  OF RIGHTS AND RESPONSIBILITIES

22

23         Florida law requires that your health care provider or

24  health care facility recognize your rights while you are

25  receiving medical care and that you respect the health care

26  provider's or health care facility's right to expect certain

27  behavior on the part of patients.  You may request a copy of

28  the full text of this law from your health care provider or

29  health care facility.  A summary of your rights and

30  responsibilities follows:

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  1         A patient has the right to be treated with courtesy and

  2  respect, with appreciation of his or her individual dignity,

  3  and with protection of his or her need for privacy.

  4         A patient has the right to a prompt and reasonable

  5  response to questions and requests.

  6         A patient has the right to know who is providing

  7  medical services and who is responsible for his or her care.

  8         A patient has the right to know what patient support

  9  services are available, including whether an interpreter is

10  available if he or she does not speak English.

11         A patient has the right to know what rules and

12  regulations apply to his or her conduct.

13         A patient has the right to be given by the health care

14  provider information concerning diagnosis, planned course of

15  treatment, alternatives, risks, and prognosis.

16         A patient has the right to refuse any treatment, except

17  as otherwise provided by law.

18         A patient has the right to be given, upon request, full

19  information and necessary counseling on the availability of

20  known financial resources for his or her care.

21         A patient who is eligible for Medicare has the right to

22  know, upon request and in advance of treatment, whether the

23  health care provider or health care facility accepts the

24  Medicare assignment rate.

25         A patient has the right to receive, upon request, prior

26  to treatment, a reasonable estimate of charges for medical

27  care.

28         A patient has the right to receive a copy of a

29  reasonably clear and understandable, itemized bill and, upon

30  request, to have the charges explained.

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  1         A patient has the right to impartial access to medical

  2  treatment or accommodations, regardless of race, national

  3  origin, religion, physical handicap, or source of payment.

  4         A patient has the right to treatment for any emergency

  5  medical condition that will deteriorate from failure to

  6  provide treatment.

  7         A patient has the right to know if medical treatment is

  8  for purposes of experimental research and to give his or her

  9  consent or refusal to participate in such experimental

10  research.

11         A patient has the right to express grievances regarding

12  any violation of his or her rights, as stated in Florida law,

13  through the grievance procedure of the health care provider or

14  health care facility which served him or her and to the

15  appropriate state licensing agency.

16         A patient is responsible for providing to the health

17  care provider, to the best of his or her knowledge, accurate

18  and complete information about present complaints, past

19  illnesses, hospitalizations, medications, and other matters

20  relating to his or her health.

21         A patient is responsible for reporting unexpected

22  changes in his or her condition to the health care provider.

23         A patient is responsible for reporting to the health

24  care provider whether he or she comprehends a contemplated

25  course of action and what is expected of him or her.

26         A patient is responsible for following the treatment

27  plan recommended by the health care provider.

28         A patient is responsible for keeping appointments and,

29  when he or she is unable to do so for any reason, for

30  notifying the health care provider or health care facility.

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  1         A patient is responsible for his or her actions if he

  2  or she refuses treatment or does not follow the health care

  3  provider's instructions.

  4         A patient is responsible for assuring that the

  5  financial obligations of his or her health care are fulfilled

  6  as promptly as possible.

  7         A patient is responsible for following health care

  8  facility rules and regulations affecting patient care and

  9  conduct.

10         Section 7.  Subsections (6) and (10) of section

11  382.003, Florida Statutes, are amended to read:

12         382.003  Powers and duties of the department.--The

13  department may:

14         (6)  Investigate cases of irregularity or violation of

15  law, and all local registrars of vital statistics shall aid

16  the department in such investigations.  When necessary, the

17  department shall report cases of violations of any of the

18  provisions of this chapter to the state attorney having charge

19  of the prosecution of misdemeanors in the registration

20  district in which the violation occurs.

21         (10)  Accept, use, and produce all records, reports,

22  and documents necessary for carrying out the provisions of

23  this chapter, in paper or electronic form, and adopt,

24  promulgate, and enforce all rules necessary for the

25  acceptance, use, production creation, issuance, recording,

26  maintenance, and processing of such vital records, reports,

27  and documents, and for carrying out the provisions of ss.

28  382.004-382.0135 and ss. 382.016-382.019.

29         Section 8.  Subsections (1) and (2) of section 382.004,

30  Florida Statutes, are amended to read:

31         382.004  Reproduction and destruction of records.--


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  1         (1)  The department is authorized to photograph,

  2  microphotograph, reproduce on film, or reproduce by electronic

  3  means vital records in such a manner that the data on each

  4  page are in exact conformity with the original record.

  5         (2)  The department is authorized to destroy any of the

  6  original vital records after they have been photographed or

  7  reproduced in exact conformity with the original record and

  8  after approval for destruction in accordance with chapter 257.

  9         Section 9.  Paragraph (c) of subsection (2) of section

10  382.013, Florida Statutes, is amended to read:

11         382.013  Birth registration.--A certificate for each

12  live birth that occurs in this state shall be filed within 5

13  days after such birth with the local registrar of the district

14  in which the birth occurred and shall be registered by the

15  local registrar if the certificate has been completed and

16  filed in accordance with this chapter and adopted rules. The

17  information regarding registered births shall be used for

18  comparison with information in the state case registry, as

19  defined in chapter 61.

20         (2)  PATERNITY.--

21         (c)  If the mother is not married at the time of the

22  birth, the name of the father may not be entered on the birth

23  certificate without the execution of an a consenting affidavit

24  signed by both the mother and the person to be named as the

25  father.  The facility shall give After giving notice orally or

26  through the use of video or audio equipment, and in writing,

27  of the alternatives to, the legal consequences of, and the

28  rights, including, if one parent is a minor, any rights

29  afforded due to minority status, and responsibilities that

30  arise from signing an acknowledgment of paternity, the

31  facility shall provide the mother and the person to be named


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  1  as the father with the affidavit, as well as information

  2  provided by the Title IV-D agency established pursuant to s.

  3  409.2557, regarding the benefits of voluntary establishment of

  4  paternity. Upon request of the mother and the person to be

  5  named as the father, the facility shall assist in the

  6  execution of the affidavit or notarized voluntary

  7  acknowledgement of paternity.

  8         Section 10.  Section 382.016, Florida Statutes, is

  9  amended to read:

10         382.016  Amendment of records.--

11         (1)  The department, upon receipt of the fee prescribed

12  in s. 382.0255;, documentary evidence, as specified by rule,

13  of any misstatement, error, or omission occurring in any

14  birth, death, or fetal death record; as may be required by

15  department rule, and an affidavit setting forth the changes to

16  be made, shall amend or replace the original certificate as

17  necessary. However, except for a misspelling or an omission on

18  a death certificate with regard to the name of the surviving

19  spouse, the department may not change the name of the

20  surviving spouse on the certificate except by order of a court

21  of competent jurisdiction.

22         (1)(2)  CERTIFICATE OF LIVE BIRTH AMENDMENT.--

23         (a)  Until a child's first birthday, the child's given

24  name or surname may be amended upon receipt of the fees

25  prescribed in s. 382.0255 and an affidavit signed by each

26  parent named on the original birth certificate or by the

27  registrant's guardian. If both parents are named on the

28  certificate but both are not willing or available to sign the

29  affidavit, the registrant's name may only be amended by court

30  order.

31


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  1         (b)(3)  Upon written request and receipt of an

  2  affidavit or notarized voluntary acknowledgement of paternity

  3  signed by the mother and father acknowledging the paternity of

  4  a registrant born out of wedlock, together with sufficient

  5  information to identify the original certificate of live

  6  birth, the department shall prepare a new birth certificate,

  7  which shall bear the same file number as the original birth

  8  certificate. The names and identifying information of the

  9  parents shall be entered as of the date of the registrant's

10  birth. The surname of the registrant may be changed from that

11  shown on the original birth certificate at the request of the

12  mother and father of the registrant, or the registrant if of

13  legal age. If the mother and father marry each other at any

14  time after the registrant's birth, the department shall, upon

15  the request of the mother and father or registrant if of legal

16  age and proof of the marriage, amend the certificate with

17  regard to the parents' marital status as though the parents

18  were married at the time of birth.

19         (4)  When a new certificate of birth is prepared

20  pursuant to subsection (3), The department shall substitute

21  the new certificate of birth for the original certificate on

22  file. All copies of the original certificate of live birth in

23  the custody of a local registrar or other state custodian of

24  vital records shall be forwarded to the State Registrar.

25  Thereafter, when a certified copy of the certificate of birth

26  or portion thereof is issued, it shall be a copy of the new

27  certificate of birth or portion thereof, except when a court

28  order requires issuance of a certified copy of the original

29  certificate of birth. The department shall place the original

30  certificate of birth and all papers pertaining thereto under

31


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    CS for CS for SB 1312                          First Engrossed



  1  seal, not to be broken except by order of a court of competent

  2  jurisdiction or as otherwise provided by law.

  3         (c)(5)  If a father's name is listed on the birth

  4  certificate, the birth certificate may only be amended to

  5  remove the father's name or to add a different father's name

  6  upon court order. If a change in the registrant's surname is

  7  also desired, such change must be included in the court order

  8  or the name must be changed pursuant to s. 68.07.

  9         (2)  CERTIFICATE OF DEATH AMENDMENTS.--Except for a

10  misspelling or an omission on a death certificate with regard

11  to the name of the surviving spouse, the department may not

12  change the name of a surviving spouse on the certificate

13  except by order of a court of competent jurisdiction.

14         Section 11.  Paragraph (h) of subsection (1) of section

15  382.0255, Florida Statutes, is amended to read:

16         382.0255  Fees.--

17         (1)  The department is entitled to fees, as follows:

18         (h)  Not less than 5 cents or more than 10 cents for

19  each data vital record listed on electronic media plus a

20  reasonable charge for the cost of preparation, as established

21  defined by department rule.

22         Section 12.  Paragraph (c) of subsection (3) of section

23  383.402, Florida Statutes, is amended to read:

24         383.402  Child abuse death review; State Child Abuse

25  Death Review Committee; local child abuse death review

26  committees.--

27         (3)  The State Child Abuse Death Review Committee

28  shall:

29         (c)  Prepare an annual statistical report on the

30  incidence and causes of death resulting from child abuse in

31  the state during the prior calendar year. The state committee


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    CS for CS for SB 1312                          First Engrossed



  1  shall submit a copy of the report by December 31 September 30

  2  of each year to the Governor, the President of the Senate, and

  3  the Speaker of the House of Representatives, with the first

  4  annual report due on September 30, 2000. The report must

  5  include recommendations for state and local action, including

  6  specific policy, procedural, regulatory, or statutory changes,

  7  and any other recommended preventive action.

  8         Section 13.  Subsections (1), (3), (5), (6), and (9) of

  9  section 383.50, Florida Statutes, are amended to read:

10         383.50  Treatment of abandoned newborn infant.--

11         (1)  As used in this section, the term "newborn infant"

12  means a child that a licensed physician reasonably believes to

13  be approximately 3 days old or younger at the time the child

14  is left at a hospital, emergency medical services station, or

15  a fire station.

16         (3)  Each emergency medical services station or fire

17  station staffed with full-time firefighters, or emergency

18  medical technicians, or paramedics shall accept any newborn

19  infant left with a firefighter, or emergency medical

20  technician, or paramedic. The firefighter, emergency medical

21  technician, or paramedic fire station shall consider these

22  actions as implied consent to and shall:

23         (a)  Provide emergency medical services to the newborn

24  infant to the extent he or she is trained to provide those

25  services, and

26         (b)  Arrange for the immediate transportation of the

27  newborn infant to the nearest hospital having with emergency

28  services.

29

30  A licensee as defined in s. 401.23, a fire department, or an

31  employee or agent of a licensee or fire department may treat


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  1  and transport a newborn infant pursuant to this section. If a

  2  newborn infant is placed in the physical custody of an

  3  employee or agent of a licensee or fire department, such

  4  placement shall be considered implied consent for treatment

  5  and transport. A licensee, a fire department, or an employee

  6  or agent of a licensee or fire department Any firefighter or

  7  emergency medical technician accepting or providing emergency

  8  medical services to a newborn infant pursuant to this

  9  subsection is immune from criminal or civil liability for

10  acting in good faith pursuant to this section having performed

11  the act. Nothing in this subsection limits liability for

12  negligence.

13         (5)  Except where there is actual or suspected child

14  abuse or neglect, any parent who leaves a newborn infant with

15  a firefighter, or emergency medical technician, or paramedic

16  at a fire station or emergency medical services station, or

17  brings a newborn infant to an emergency room of a hospital and

18  expresses an intent to leave the newborn infant and not

19  return, has the absolute right to remain anonymous and to

20  leave at any time and may not be pursued or followed unless

21  the parent seeks to reclaim the newborn infant.

22         (6)  A parent of a newborn infant left at a hospital,

23  emergency medical services station, or a fire station under

24  this section may claim his or her newborn infant up until the

25  court enters a judgment terminating his or her parental

26  rights. A claim to of parental rights of the newborn infant

27  must be made to the entity having physical or legal custody of

28  the newborn infant or to the circuit court before whom

29  proceedings involving the newborn infant are pending.

30         (9)  A newborn infant left at a fire station or a

31  hospital, emergency medical services station, or fire station


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  1  in accordance with this section shall not be deemed abandoned

  2  and subject to reporting and investigation requirements under

  3  s. 39.201 unless there is actual or suspected child abuse or

  4  until the department takes physical custody of the child.

  5         Section 14.  Paragraph (b) of subsection (2) of section

  6  401.113, Florida Statutes, is amended to read:

  7         401.113  Department; powers and duties.--

  8         (2)  The department shall annually dispense funds

  9  contained in the Emergency Medical Services Trust Fund as

10  follows:

11         (b)  Forty percent of such moneys must be used by the

12  department for making matching grants to local agencies,

13  municipalities, and emergency medical services organizations

14  for the purpose of conducting research, increasing existing

15  levels of emergency medical services, evaluation, community

16  education, injury prevention programs, and training in

17  cardiopulmonary resuscitation and other lifesaving and first

18  aid techniques.

19         1.  At least 90 percent of these moneys must be made

20  available on a cash matching basis.  A grant made under this

21  subparagraph must be contingent upon the recipient providing a

22  cash sum equal to 25 percent of the total department-approved

23  grant amount.

24         2.  No more than 10 percent of these moneys must be

25  made available to rural emergency medical services, and

26  notwithstanding the restrictions specified in subsection (1),

27  these moneys may be used for improvement, expansion, or

28  continuation of services provided.  A grant made under this

29  subparagraph must be contingent upon the recipient providing a

30  cash sum equal to no more than 10 percent of the total

31  department-approved grant amount.


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  1

  2  The department shall develop procedures and standards for

  3  grant disbursement under this paragraph based on the need for

  4  emergency medical services, the requirements of the population

  5  to be served, and the objectives of the state emergency

  6  medical services plan.

  7         Section 15.  Subsections (4) and (5) of section 401.27,

  8  Florida Statutes, are amended to read:

  9         401.27  Personnel; standards and certification.--

10         (4)  An applicant for certification or recertification

11  as an emergency medical technician or paramedic must:

12         (a)  Have completed an appropriate training course as

13  follows:

14         1.  For an emergency medical technician, an emergency

15  medical technician training course equivalent to the most

16  recent emergency medical technician basic training course of

17  the United States Department of Transportation as approved by

18  the department;

19         2.  For a paramedic, a paramedic training program

20  equivalent to the most recent paramedic course of the United

21  States Department of Transportation as approved by the

22  department;

23         (b)  Certify under oath that he or she is not addicted

24  to alcohol or any controlled substance;

25         (c)  Certify under oath that he or she is free from any

26  physical or mental defect or disease that might impair the

27  applicant's ability to perform his or her duties;

28         (d)  Within 1 year after course completion have passed

29  an examination developed or required by the department;

30         (e)1.  For an emergency medical technician, hold either

31  a current American Heart Association cardiopulmonary


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    CS for CS for SB 1312                          First Engrossed



  1  resuscitation course card or an American Red Cross

  2  cardiopulmonary resuscitation course card or its equivalent as

  3  defined by department rule;

  4         2.  For a paramedic, hold a certificate of successful

  5  course completion in advanced cardiac life support from the

  6  American Heart Association or its equivalent or its equivalent

  7  as defined by department rule;

  8         (f)  Submit the certification fee and the nonrefundable

  9  examination fee prescribed in s. 401.34, which examination fee

10  will be required for each examination administered to an

11  applicant; and

12         (g)  Submit a completed application to the department,

13  which application documents compliance with paragraphs (a),

14  (b), (c), (e), (f), (g), and, if applicable, (d). The

15  application must be submitted so as to be received by the

16  department at least 30 calendar days before the next regularly

17  scheduled examination for which the applicant desires to be

18  scheduled.

19         (5)  The certification examination must be offered

20  monthly.  The department shall issue an examination admission

21  notice to the applicant advising him or her of the time and

22  place of the examination for which he or she is scheduled.

23  Individuals achieving a passing score on the certification

24  examination may be issued a temporary certificate with their

25  examination grade report.  The department must issue an

26  original certification within 45 days after the examination.

27  Examination questions and answers are not subject to discovery

28  but may be introduced into evidence and considered only in

29  camera in any administrative proceeding under chapter 120. If

30  an administrative hearing is held, the department shall

31  provide challenged examination questions and answers to the


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    CS for CS for SB 1312                          First Engrossed



  1  administrative law judge. The department shall establish by

  2  rule the procedure by which an applicant, and the applicant's

  3  attorney, may review examination questions and answers in

  4  accordance with s. 119.07(3)(a).

  5         Section 16.  Subsection (2) of section 404.056, Florida

  6  Statutes, is repealed, and present subsections (5) and (7) of

  7  that section are renumbered as subsections (4) and (6),

  8  respectively, and amended to read:

  9         404.056  Environmental radiation standards and

10  programs; radon protection.--

11         (4)(5)  MANDATORY TESTING.--All public and private

12  school buildings or school sites housing students in

13  kindergarten through grade 12; all state-owned,

14  state-operated, state-regulated, or state-licensed 24-hour

15  care facilities; and all state-licensed day care centers for

16  children or minors which are located in counties designated

17  within the Department of Community Affairs' Florida Radon

18  Protection Map Categories as "Intermediate" or "Elevated Radon

19  Potential" shall be measured to determine the level of indoor

20  radon, using measurement procedures established by the

21  department. Testing shall be completed within the first year

22  of construction in 20 percent of the habitable first floor

23  spaces within any of the regulated buildings. Initial

24  measurements shall be completed and reported to the department

25  by July 1 of the year the building is opened for occupancy.

26  Followup testing must be completed in 5 percent of the

27  habitable first floor spaces within any of the regulated

28  buildings after the building has been occupied for 5 years,

29  and results must be reported to the department by July 1 of

30  the 5th year of occupancy. After radon measurements have been

31  made twice, regulated buildings need not undergo further


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    CS for CS for SB 1312                          First Engrossed



  1  testing unless significant structural changes occur. Where

  2  fill soil is required for the construction of a regulated

  3  building, initial testing of fill soil must be performed using

  4  measurement procedures established by the department, and the

  5  results must be reported to the department prior to

  6  construction. No funds collected pursuant to s. 553.721 shall

  7  be used to carry out the provisions of this subsection.

  8         (6)(7)  RULES.--The department shall have the authority

  9  to promulgate rules necessary to carry out the provisions of

10  this section, including the definition of terms.

11         Section 17.  Paragraph (d) of subsection (2) of section

12  499.012, Florida Statutes, is amended to read:

13         499.012  Wholesale distribution; definitions; permits;

14  general requirements.--

15         (2)  The following types of wholesaler permits are

16  established:

17         (d)  A retail pharmacy wholesaler's permit.  A retail

18  pharmacy wholesaler is a retail pharmacy engaged in wholesale

19  distribution of prescription drugs within this state under the

20  following conditions:

21         1.  The pharmacy must obtain a retail pharmacy

22  wholesaler's permit pursuant to ss. 499.001-499.081 and the

23  rules adopted under those sections.

24         2.  The wholesale distribution activity does not exceed

25  30 percent of the total annual purchases of prescription

26  drugs.  If the wholesale distribution activity exceeds the

27  30-percent maximum, the pharmacy must obtain a prescription

28  drug wholesaler's permit.

29         3.  The transfer of prescription drugs that appear in

30  any schedule contained in chapter 893 is subject to chapter

31


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    CS for CS for SB 1312                          First Engrossed



  1  893 and the federal Comprehensive Drug Abuse Prevention and

  2  Control Act of 1970.

  3         4.  The transfer is between a retail pharmacy and

  4  another retail pharmacy, a Modified Class II Institutional

  5  Pharmacy, or a health care practitioner licensed in this state

  6  and authorized by law to dispense or prescribe prescription

  7  drugs.

  8         5.  All records of sales of prescription drugs subject

  9  to this section must be maintained separate and distinct from

10  other records and comply with the recordkeeping requirements

11  of ss. 499.001-499.081.

12         Section 18.  Subsections (1) and (3) of section 742.10,

13  Florida Statutes, are amended to read:

14         742.10  Establishment of paternity for children born

15  out of wedlock.--

16         (1)  This chapter provides the primary jurisdiction and

17  procedures for the determination of paternity for children

18  born out of wedlock. When the establishment of paternity has

19  been raised and determined within an adjudicatory hearing

20  brought under the statutes governing inheritance, or

21  dependency under workers' compensation or similar compensation

22  programs, or when an affidavit acknowledging paternity or a

23  stipulation of paternity is executed by both parties and filed

24  with the clerk of the court, or when an a consenting affidavit

25  or notarized voluntary acknowledgement of paternity as

26  provided for in s. 382.013 or s. 382.016 is executed by both

27  parties, it shall constitute the establishment of paternity

28  for purposes of this chapter. If no adjudicatory proceeding

29  was held, a notarized voluntary acknowledgment of paternity

30  shall create a rebuttable presumption, as defined by s.

31  90.304, of paternity and is subject to the right of any


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    CS for CS for SB 1312                          First Engrossed



  1  signatory to rescind the acknowledgment within 60 days of the

  2  date the acknowledgment was signed or the date of an

  3  administrative or judicial proceeding relating to the child,

  4  including a proceeding to establish a support order, in which

  5  the signatory is a party, whichever is earlier.  Both parents

  6  are required to provide their social security numbers on any

  7  acknowledgment of paternity, consent affidavit, or stipulation

  8  of paternity. Except for consenting affidavits under seal

  9  pursuant to ss. 382.015 and 382.016, the Office of Vital

10  Statistics shall provide certified copies of affidavits to the

11  Title IV-D agency upon request.

12         (3)  The department shall adopt rules which establish

13  the information which must be provided to an individual prior

14  to execution of an a consenting affidavit or voluntary

15  acknowledgment of paternity. The information shall explain the

16  alternatives to, the legal consequences of, and the rights,

17  including, if one parent is a minor, any rights afforded due

18  to minority status, and responsibilities that arise from

19  acknowledging paternity.

20         Section 19.  Paragraph (b) of subsection (1) and

21  paragraph (a) of subsection (2) of section 743.0645, Florida

22  Statutes, are amended to read:

23         743.0645  Other persons who may consent to medical care

24  or treatment of a minor.--

25         (1)  As used in this section, the term:

26         (b)  "Medical care and treatment" includes ordinary and

27  necessary medical and dental examination and treatment,

28  including blood testing, preventive care including ordinary

29  immunizations, tuberculin testing, and well-child care, but

30  does not include surgery, general anesthesia, provision of

31  psychotropic medications, or other extraordinary procedures


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    CS for CS for SB 1312                          First Engrossed



  1  for which a separate court order, power of attorney, or

  2  informed consent as provided by law is required.

  3         (2)  Any of the following persons, in order of priority

  4  listed, may consent to the medical care or treatment of a

  5  minor who is not committed to the Department of Children and

  6  Family Services or the Department of Juvenile Justice or in

  7  their custody under chapter 39, chapter 984, or chapter 985

  8  when, after a reasonable attempt, a person who has the power

  9  to consent as otherwise provided by law cannot be contacted by

10  the treatment provider and actual notice to the contrary has

11  not been given to the provider by that person:

12         (a)  A person who possesses a power of attorney to

13  provide medical consent for the minor. A power of attorney

14  executed after July 1, 2001, to provide medical consent for a

15  minor includes the power to consent to medically necessary

16  surgical and general anesthesia services for the minor unless

17  such services are excluded by the individual executing the

18  power of attorney.

19

20  There shall be maintained in the treatment provider's records

21  of the minor documentation that a reasonable attempt was made

22  to contact the person who has the power to consent.

23         Section 20.  Section 827.035, Florida Statutes, is

24  amended to read:

25         827.035  Newborn infants.--It shall not constitute

26  neglect of a child pursuant to s. 827.03 or contributing to

27  the dependency of a child pursuant to s. 827.04, if a parent

28  leaves a newborn infant, as defined in s. 383.50, at a

29  hospital, emergency medical services station, or fire station

30  or brings a newborn infant to an emergency room and expresses

31


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  1  an intent to leave the infant and not return, in compliance

  2  with s. 383.50.

  3         Section 21.  Subsection (11) is added to section

  4  381.0056, Florida Statutes, to read:

  5         381.0056  School health services program.--

  6         (11)  School health programs funded by health care

  7  districts or entities defined in subsection (3) must be

  8  supplementary to and consistent with the requirements of this

  9  section and ss. 381.0057 and 381.0059.

10         Section 22.  Section 391.037, Florida Statutes, is

11  created to read:

12         391.037  Physicians; private-sector services.--It is

13  not a violation of s. 112.313(7) for a physician licensed

14  under chapter 458 or chapter 459 who is providing

15  private-sector services to clients of the department or who is

16  employed by or has a contractual relationship with any

17  business entity or agency that is a contract provider for the

18  department to also be employed by the department to provide

19  services under this chapter or chapter 39 if:

20         (1)  The physician does not enter into contracts with

21  the department on behalf of any business entity or agency with

22  whom the physician is employed or has an employment or

23  contractual relationship.

24         (2)  The physician's private-sector employment or

25  contractual relationship does not create a conflict between

26  the physician's private-sector interests and public duties or

27  impede the full and faithful discharge of the physician's

28  public duties as an employee of the department.

29         (3)  The physician's employment with the department

30  does not compromise the ability of department clients to make

31


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    CS for CS for SB 1312                          First Engrossed



  1  a voluntary choice among department-referred physicians and

  2  private providers for their medical services.

  3         Section 23.  Paragraph (b) of subsection (1) of section

  4  383.14, Florida Statutes, is amended to read:

  5         383.14  Screening for metabolic disorders, other

  6  hereditary and congenital disorders, and environmental risk

  7  factors.--

  8         (1)  SCREENING REQUIREMENTS.--To help ensure access to

  9  the maternal and child health care system, the Department of

10  Health shall promote the screening of all infants born in

11  Florida for phenylketonuria and other metabolic, hereditary,

12  and congenital disorders known to result in significant

13  impairment of health or intellect, as screening programs

14  accepted by current medical practice become available and

15  practical in the judgment of the department.  The department

16  shall also promote the identification and screening of all

17  infants born in this state and their families for

18  environmental risk factors such as low income, poor education,

19  maternal and family stress, emotional instability, substance

20  abuse, and other high-risk conditions associated with

21  increased risk of infant mortality and morbidity to provide

22  early intervention, remediation, and prevention services,

23  including, but not limited to, parent support and training

24  programs, home visitation, and case management.

25  Identification, perinatal screening, and intervention efforts

26  shall begin prior to and immediately following the birth of

27  the child by the attending health care provider.  Such efforts

28  shall be conducted in hospitals, perinatal centers, county

29  health departments, school health programs that provide

30  prenatal care, and birthing centers, and reported to the

31  Office of Vital Statistics.


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    CS for CS for SB 1312                          First Engrossed



  1         (b)  Postnatal screening.--A risk factor analysis using

  2  the department's designated risk assessment instrument shall

  3  also be conducted as part of the medical screening process

  4  upon the birth of a child and submitted to the department's

  5  Office of Vital Statistics for recording and other purposes

  6  provided for in this chapter.  The department's screening

  7  process for risk assessment shall include a scoring mechanism

  8  and procedures that establish thresholds for notification,

  9  further assessment, referral, and eligibility for services by

10  professionals or paraprofessionals consistent with the level

11  of risk. Procedures for developing and using the screening

12  instrument, notification, referral, and care coordination

13  services, reporting requirements, management information, and

14  maintenance of a computer-driven registry in the Office of

15  Vital Statistics which ensures privacy safeguards must be

16  consistent with the provisions and plans established under

17  chapter 411, Pub. L. No. 99-457, and this chapter.  Procedures

18  established for reporting information and maintaining a

19  confidential registry must include a mechanism for a

20  centralized information depository at the state and county

21  levels.  The department shall coordinate with existing risk

22  assessment systems and information registries.  The department

23  must ensure, to the maximum extent possible, that the

24  screening information registry is integrated with the

25  department's automated data systems, including the Florida

26  On-line Recipient Integrated Data Access (FLORIDA) system.

27  Tests and screenings must be performed by the state Public

28  Health Laboratory in coordination with Children's Medical

29  Services and at such times and in such manner as is prescribed

30  by the department after consultation with the Genetics and

31


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    CS for CS for SB 1312                          First Engrossed



  1  Infant Screening Advisory Council and the State Coordinating

  2  Council for School Readiness Programs.

  3         Section 24.  Effective June 1, 2001, subsection (1) of

  4  section 71 of chapter 98-171, Laws of Florida, is repealed.

  5         Section 25.  Section 509.049, Florida Statutes, is

  6  amended to read:

  7         509.049  Food service employee training.--

  8         (1)  The division shall adopt, by rule, minimum food

  9  safety protection standards for the training of all food

10  service employees who are responsible for the storage,

11  preparation, display, or serving of foods to the public in

12  establishments regulated under this chapter.  These standards

13  shall not include an examination, but shall provide for a food

14  safety training certificate program for food service employees

15  to be administered by a private nonprofit provider chosen by

16  the division.

17         (2)  The division shall issue a request for competitive

18  sealed proposals which includes a statement of the contractual

19  services sought and all terms and conditions applicable to the

20  contract.  The division shall award the contract to the

21  provider whose proposal is determined in writing to be the

22  most advantageous to the state, taking into consideration the

23  price and the other criteria set forth in the request for

24  proposals.  The division shall contract with a provider on a

25  4-year basis and is authorized to promulgate by rule a per

26  employee fee to cover the contracted price for the program

27  administered by the provider.  In making its selection, the

28  division shall consider factors including, but not limited to,

29  the experience and history of the provider in representing the

30  food service industry, the provider's demonstrated commitment

31


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    CS for CS for SB 1312                          First Engrossed



  1  to food safety, and its ability to provide a statewide program

  2  with industry support and participation.

  3         (3)  Any food safety training program established and

  4  administered to food handler employees utilized at a public

  5  food service establishment prior to July 1, 2000, may the

  6  effective date of this act shall be submitted by the operator

  7  to the division for its review and approval.  If the food

  8  safety training program is found to be in substantial

  9  compliance with the division's required criteria and is

10  approved by the division, nothing in this section shall

11  preclude any other operator of a food service establishment

12  from also utilizing the approved program or require the

13  employees of any operator to receive training from or pay a

14  fee to the division's contracted provider.  Review and

15  approval by the division of a program or programs under this

16  section shall include, but not be limited to, the minimum food

17  safety standards adopted by the division in accordance with

18  this section.

19         (4)  Approval of a program is subject to the provider's

20  continued compliance with the division's minimum program

21  standards. The division may conduct random audits of approved

22  programs to determine compliance and may audit any program if

23  it has reason to believe a program is not in compliance with

24  this section. The division may revoke a program's approval if

25  it finds a program to be in noncompliance with this section or

26  the rules adopted under this section.

27         (5)  It shall be the duty of the licensee of the public

28  food service establishment to provide training in accordance

29  with the described rule to all employees under the licensee's

30  supervision or control.  The licensee may designate a

31  certified food service manager to perform this function as an


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    CS for CS for SB 1312                          First Engrossed



  1  agent of the licensee. Food service employees must receive

  2  certification pursuant to this section by January 1, 2001.

  3  Food service employees hired after November 1, 2000, must

  4  receive certification within 60 days after employment.

  5  Certification pursuant to this section shall remain valid for

  6  3 years.

  7         (6)  The division may adopt rules pursuant to ss.

  8  120.536(1) and 120.54 necessary to administer this section.

  9  The rules may require:

10         (a)  The use of application forms, which may require,

11  but need not be limited to, the identification of training

12  components of the program and an applicant affidavit attesting

13  to the accuracy of the information provided in the

14  application.

15         (b)  Providers to maintain information concerning

16  establishments where they provide training pursuant to this

17  section.

18         (c)  Specific food-safety-related-subject-matter

19  training program components.

20         (d)  The licensee to be responsible for providing proof

21  of employee training, and the division may request production

22  of such proof upon inspection of the establishment.

23         Section 26.  Except as otherwise provided herein, this

24  act shall take effect July 1, 2001.

25

26

27

28

29

30

31


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