Florida Senate - 2024                                    SB 1314
       
       
        
       By Senator Torres
       
       
       
       
       
       25-01510-24                                           20241314__
    1                        A bill to be entitled                      
    2         An act relating to food allergy education; amending s.
    3         509.039, F.S.; requiring the Division of Hotels and
    4         Restaurants of the Department of Business and
    5         Professional Regulation to develop a course for food
    6         service managers that addresses issues surrounding
    7         food allergies and actions to assist a person
    8         experiencing an allergic reaction; amending s.
    9         509.101, F.S.; requiring public food service
   10         establishments to post notices in prominent places
   11         that address allergic reactions and appropriate
   12         actions to assist a person experiencing an allergic
   13         reaction; providing specifications for such notices;
   14         providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 509.039, Florida Statutes, is amended to
   19  read:
   20         509.039 Food service manager certification.—
   21         (1) It is the duty of the division to adopt, by rule, food
   22  safety protection standards for the training and certification
   23  of all food service managers who are responsible for the
   24  storage, preparation, display, or serving of foods to the public
   25  in establishments regulated under this chapter. The standards
   26  adopted by the division shall be consistent with the Standards
   27  for Accreditation of Food Protection Manager Certification
   28  Programs adopted by the Conference for Food Protection. These
   29  standards are to be adopted by the division to ensure that, upon
   30  successfully passing a test, approved by the Conference for Food
   31  Protection, a manager of a food service establishment shall have
   32  demonstrated a knowledge of basic food protection practices.
   33         (2) The division may contract with an organization offering
   34  a training and certification program that complies with division
   35  standards and results in a certification recognized by the
   36  Conference for Food Protection to conduct an approved test and
   37  certify all test results to the division. Other organizations
   38  offering programs that meet the same requirements may also
   39  conduct approved tests and certify all test results to the
   40  division. The division may charge the organization it contracts
   41  with a fee of not more than $5 per certified test to cover the
   42  administrative costs of the division for the food service
   43  manager training and certification program.
   44         (3) All managers employed by a food service establishment
   45  must have passed an approved test and received a certificate
   46  attesting thereto. Managers have a period of 30 days after
   47  employment to pass the required test. All public food service
   48  establishments must provide the division with proof of food
   49  service manager certification upon request, including, but not
   50  limited to, at the time of any division inspection of the
   51  establishment. The ranking of food service establishments is
   52  also preempted to the state; provided, however, that any local
   53  ordinances establishing a ranking system in existence prior to
   54  October 1, 1988, may remain in effect.
   55         (4) The division shall develop and incorporate a course
   56  within its training and certification program for food service
   57  managers which addresses common food allergies and the
   58  appropriate actions to be taken in the event a person at a
   59  public food service establishment experiences an allergic
   60  reaction.
   61         Section 2. Subsection (4) is added to section 509.101,
   62  Florida Statutes, to read:
   63         509.101 Establishment rules; posting of notice; food
   64  service inspection report; maintenance of guest register; mobile
   65  food dispensing vehicle registry.—
   66         (4) Each public food service establishment as defined in s.
   67  509.013(5) must post, in a sufficient number of prominent places
   68  within the eating establishment, a notice developed by the
   69  division which details common food allergies and the appropriate
   70  actions to be taken in the event a person experiences an
   71  allergic reaction. The posted notice must be at least 11 inches
   72  by 15 inches, printed in an easily legible font and in at least
   73  32-point type.
   74         Section 3. This act shall take effect July 1, 2024.