House Bill hb1471

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    Florida House of Representatives - 2001                HB 1471

        By Representative Alexander






  1                      A bill to be entitled

  2         An act relating to food service employee

  3         training; amending s. 509.049, F.S.; requiring

  4         the Division of Hotels and Restaurants of the

  5         Department of Business and Professional

  6         Regulation to adopt rules for the

  7         administration of a food safety training

  8         certificate program for food service employees;

  9         requiring the division to review specified food

10         safety training programs at the request of a

11         public food service establishment operator;

12         providing for division approval of food safety

13         training programs; providing for training to be

14         administered by a certified food service

15         manager; providing an effective date.

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

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19         Section 1.  Section 509.049, Florida Statutes, is

20  amended to read:

21         509.049  Food service employee training.--

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

23  safety protection standards for the training of all food

24  service employees who are responsible for the storage,

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

26  establishments regulated under this chapter.  These standards

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

28  safety training certificate program for food service employees

29  to be administered by a private nonprofit provider chosen by

30  the division pursuant to subsection (2). The division shall

31  also adopt by rule, pursuant to ss. 120.54 and 120.536(1),

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    Florida House of Representatives - 2001                HB 1471

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  1  provisions for the effective administration of the certificate

  2  program, including requirements for the issuance of a

  3  wallet-sized certification card to employees successfully

  4  completing the training, for procedures to replace lost or

  5  stolen certification cards, for the maintenance of records

  6  documenting the training of affected employees, and for the

  7  updating of training materials as the division's minimum food

  8  safety protection standards are modified or amended. The

  9  division shall also be responsible for providing, by contract

10  or otherwise, a computerized database to verify the training

11  of all affected employees.

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

13  sealed proposals which includes a statement of the contractual

14  services sought and all terms and conditions applicable to the

15  contract.  The division shall award the contract to the

16  provider whose proposal is determined in writing to be the

17  most advantageous to the state, taking into consideration the

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

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

20  4-year basis and is authorized to promulgate by rule a per

21  employee fee to cover the contracted price for the program

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

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

24  the experience and history of the provider in representing the

25  food service industry, the provider's demonstrated commitment

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

27  with industry support and participation.

28         (3)  At the request of a public food service

29  establishment operator, the division shall review any food

30  safety training program established and administered to food

31  handler employees utilized at the operator's a public food

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    Florida House of Representatives - 2001                HB 1471

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  1  service establishment prior to July 1, 2000 the effective date

  2  of this act shall be submitted by the operator to the division

  3  for its review and approval.  If the division determines that

  4  the food safety training program complies with the minimum

  5  food safety protection standards and applicable division

  6  rules, the division shall approve the program for use by is

  7  approved by the division, nothing in this section shall

  8  preclude any other operator of a public food service

  9  establishment from also utilizing the approved program or

10  require the employees of any operator to receive training from

11  or pay a fee to the division's contracted provider.  Review

12  and approval by the division of a program or programs under

13  this section shall include, but not be limited to, the minimum

14  food safety standards adopted by the division in accordance

15  with this section.

16         (4)  It shall be the duty of the licensee of the public

17  food service establishment to provide training in accordance

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

19  supervision or control, with all training to be administered

20  by a food service manager certified pursuant to s. 509.039.

21  The licensee may designate a certified food service manager to

22  perform this function as an agent of the licensee.

23         (5)  Food service employees must receive certification

24  pursuant to this section by January 1, 2001. Food service

25  employees hired after November 1, 2000, must receive

26  certification within 60 days after employment. Certification

27  pursuant to this section shall remain valid for 3 years.

28         Section 2.  This act shall take effect upon becoming a

29  law.

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    Florida House of Representatives - 2001                HB 1471

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  2                          HOUSE SUMMARY

  3
      Requires the Division of Hotels and Restaurants of the
  4    Department of Business and Professional Regulation to
      adopt rules for the administration of a food safety
  5    training certificate program for food service employees,
      which shall include the issuance of certification cards,
  6    procedures for replacement of lost or stolen
      certification cards, and updating of training materials.
  7    Requires the division to provide a computerized database
      to verify the training of employees.
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  9    Requires the division to review specified food safety
      training programs at the request of a public food service
10    establishment operator. Provides for division approval of
      food safety training programs and provides for training
11    to be administered by a certified food service manager.

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