HB 865 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to public food service establishments; 2
amending s. 509.039, F.S.; revising requirements for 3
certification and training; requiring managers and 4
employees to know protocols to avoid cross -5
contamination; amending s. 509.049, F.S.; revising 6
provisions regarding approval of foods safety training 7
programs and responsibilities of public food service 8
establishments to include all employees; amending s. 9
509.101, F.S,; requiring operators of public food 10
service establishments to display a menu listing 11
common allergens in food and drinks; requiring 12
operators of public food service establishments to 13
include a notice to customers of the customers' 14
obligation to inform a server about any food allergy; 15
requiring the Division of Hotels and Restaurants 16
within the Department of Business and Professional 17
Regulation to establish the notice; requiring the 18
division to develop a program for public food service 19
establishments to be designated as food allergy 20
friendly; providing that participation in the program 21
is mandatory; requiring the division to adopt rules; 22
amending s. 509.261, F.S.; authorizing the division to 23
fine, suspend, or revoke the license of a public food 24
service establishment under certain circumstances; 25
HB 865 2023
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providing an effective date. 26
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Be It Enacted by the Legislature of the State of Florida: 28
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Section 1. Section 509.039, Florida Statutes, is amended 30
to read: 31
509.039 Food service manager certification. —It is the duty 32
of The division shall to adopt, by rule, food safety protection 33
standards for the training and certification of all food service 34
managers who are responsible for the storage, preparation, 35
display, or serving of foods to the public in establishments 36
regulated under this chapter. The standards adopted by the 37
division must shall be consistent with the Standards for 38
Accreditation of Food Protection Manager Certification Programs 39
adopted by the Conference for Food Protection. The division 40
shall adopt these standards are to be adopted by the division to 41
ensure that, upon successfully passing a test that is, approved 42
by the Conference for Food Protection and upon viewing a video 43
regarding food allergies which is approved by the division in 44
consultation with Food Allergy Research and Education, Inc., and 45
the Florida Restaurant and Lodging Assoc iation, Inc., a manager 46
of a food service establishment shall have demonstrated a 47
knowledge of basic food protection practices. The division may 48
contract with an organization offering a training and 49
certification program that complies with division standar ds and 50
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results in a certification recognized by the Conference for Food 51
Protection to conduct an approved test and certify all test 52
results to the division. Other organizations offering programs 53
that meet the same requirements may also conduct approved tes ts, 54
provide viewing of approved videos, and certify all test results 55
to the division. The division may charge the organization it 56
contracts with a fee of up to not more than $5 per certified 57
test to cover the administrative costs of the division for the 58
food service manager training and certification program. A 59
manager All managers employed by a food service establishment 60
must pass have passed an approved test and view a video 61
regarding food allergies that is approved by the division in 62
consultation with Fo od Allergy Research and Education, Inc., and 63
the Florida Restaurant and Lodging Association, Inc. The 64
division shall issue and received a certificate attesting to the 65
passing of the test and viewing of the video thereto. Managers 66
have a period of 30 days a fter employment to pass the required 67
test and view the approved video . Each All public food service 68
establishment shall establishments must provide the division 69
with proof of food service manager certification upon request, 70
including, but not limited to, a t the time of any division 71
inspection of the establishment. The ranking of food service 72
establishments is also preempted to the state; provided, 73
however, that any local ordinances establishing a ranking system 74
in existence prior to October 1, 1988, may rem ain in effect. 75
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Section 2. Subsection (1) of section 509.049, Florida 76
Statutes, is amended to read: 77
509.049 Food service employee training. — 78
(1) The division shall adopt, by rule, minimum food safety 79
protection standards for the training of all food service 80
employees who are responsible for the storage, preparation, 81
display, or serving of foods to the public in establishments 82
regulated under this chapter. These standards shall not include 83
an examination, but shall provide for a food safety training 84
certificate program for food service employees to be 85
administered by a private nonprofit provider chosen by the 86
division. 87
Section 3. Section 509.101, Florida Statutes, is amended 88
to read: 89
509.101 Establishment rules; posting of notice of rules 90
and regulations; food service inspection report; posting of 91
notice for food allergies; food allergy friendly designation 92
maintenance of guest register; mobile food dispensing vehicle 93
registry.— 94
(1) An Any operator of a public lodging establishment or a 95
public food service establishment may establish reasonable rules 96
and regulations for the management of the establishment and its 97
guests and employees ,; and each guest or employee staying, 98
sojourning, eating, or employed in the establishment shall 99
conform to and abide by such rules and regulations so long as 100
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the guest or employee remains in or at the establishment. Such 101
rules and regulations shall be deemed to be a special contract 102
between the operator and each guest or employee using the 103
services or facilities of t he operator. Such rules and 104
regulations shall control the liabilities, responsibilities, and 105
obligations of all parties. Any rules or regulations established 106
pursuant to this section shall be printed in the English 107
language and posted in a prominent place within the such public 108
lodging establishment or public food service establishment. In 109
addition, an any operator of a public food service establishment 110
shall maintain a copy of the latest food service inspection 111
report and shall make it available to the division at the time 112
of any division inspection of the establishment and to the 113
public, upon request. 114
(2) Food allergy protocols are verified and enforced 115
during restaurant inspection. 116
(3) A mobile food dispensing vehicle must list major 117
allergens included on the menu. 118
(4) Each operator of a public food service establishment 119
must: 120
(a) Display in a prominent place in the public food 121
service establishment a list of the major food allergen 122
ingredients for each food item. The list must include, but need 123
not be limited to, information regarding the risk of an allergic 124
reaction and major allergen ingredien ts for each item. 125
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(b) Include on all menus a notice to customers of the 126
customer's obligation to inform the server about any food 127
allergy. The division, in consultation with the Food Allergy 128
Research and Education, Inc. and the Florida Restaurant and 129
Lodging Association, Inc., shall establish the notice. 130
(5) The division shall develop a program for public food 131
service establishments to be designated as "food -allergy 132
friendly." Participation of a public food service establishment 133
in the program is mandatory. The division shall adopt rules for 134
the designation, which must include, but need not limited to, 135
maintaining on the premises and making available to the public a 136
master list of all the ingredients used in the preparation of 137
each food item that i s available for consumption at the public 138
food service establishment. 139
(2) It is the duty of each operator of a transient 140
establishment to maintain at all times a register, signed by or 141
for guests who occupy rental units within the establishment, 142
showing the dates upon which the rental units were occupied by 143
such guests and the rates charged for their occupancy. This 144
register shall be maintained in chronological order and 145
available for inspection by the division at any time. Operators 146
need not make availa ble registers which are more than 2 years 147
old. 148
(3) It is the duty of each operator of a public food 149
service establishment that provides commissary services to 150
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maintain a daily registry verifying that each mobile food 151
dispensing vehicle that receives such services is properly 152
licensed by the division. In order that such licensure may be 153
readily verified, each mobile food dispensing vehicle operator 154
shall permanently affix in a prominent place on the side of the 155
vehicle, in figures at least 2 inches high an d in contrasting 156
colors from the background, the operator's public food service 157
establishment license number. Prior to providing commissary 158
services, each public food service establishment must verify 159
that the license number displayed on the vehicle matche s the 160
number on the vehicle operator's public food service 161
establishment license. 162
Section 4. Subsection (10) is added to section 509.261, 163
Florida Statutes, to read: 164
509.261 Revocation or suspension of licenses; fines; 165
procedure.— 166
(10) The division may fine, suspend, or revoke the license 167
of any public food service establishment if the establishment is 168
not in compliance with: 169
(a) Section 509.101(4); 170
(b) Any of the following: 171
1. Allergen information must be visible for each food item 172
separately if the food is bought and sold on a buffet. 173
2. If the food is bought and sold through an application 174
on a mobile device, allergen information must be listed at some 175
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point between order placement and receiving the food. 176
3. Accurate and consistent all ergen information must be 177
legibly written on a menu in dine -in establishments. 178
4. Allergen information on written product specification 179
sheets, ingredients labels, verbal statements to customers when 180
asked, quick response codes on tables and menus to al low 181
customers to access allergen information online, or a sign 182
informing customers how to access allergen information. 183
5. If cross-contamination cannot be avoided, customers 184
must be informed that an allergen -free dish is not available. 185
6. Restaurants, take out services, mobile food dispensing 186
vehicles, and buffets must display in each menu a list of major 187
allergens. 188
7. Managers and staff must show proof of food allergy 189
safety protocols upon inspection. 190
8. Staff must be trained on cross -contamination protocols 191
upon hiring. 192
9. Managers must be certified in food allergy training 193
guidelines. 194
Section 5. This act shall take effect July 1, 2023. 195