Florida 2023 Regular Session

Florida House Bill H0865 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 865 2023
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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to public food service establishments; 2
16	16	amending s. 509.039, F.S.; revising requirements for 3
17	17	certification and training; requiring managers and 4
18	18	employees to know protocols to avoid cross -5
19	19	contamination; amending s. 509.049, F.S.; revising 6
20	20	provisions regarding approval of foods safety training 7
21	21	programs and responsibilities of public food service 8
22	22	establishments to include all employees; amending s. 9
23	23	509.101, F.S,; requiring operators of public food 10
24	24	service establishments to display a menu listing 11
25	25	common allergens in food and drinks; requiring 12
26	26	operators of public food service establishments to 13
27	27	include a notice to customers of the customers' 14
28	28	obligation to inform a server about any food allergy; 15
29	29	requiring the Division of Hotels and Restaurants 16
30	30	within the Department of Business and Professional 17
31	31	Regulation to establish the notice; requiring the 18
32	32	division to develop a program for public food service 19
33	33	establishments to be designated as food allergy 20
34	34	friendly; providing that participation in the program 21
35	35	is mandatory; requiring the division to adopt rules; 22
36	36	amending s. 509.261, F.S.; authorizing the division to 23
37	37	fine, suspend, or revoke the license of a public food 24
38	38	service establishment under certain circumstances; 25
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40	40	HB 865 2023
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47	47	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
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51	51	providing an effective date. 26
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53	53	Be It Enacted by the Legislature of the State of Florida: 28
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55	55	Section 1. Section 509.039, Florida Statutes, is amended 30
56	56	to read: 31
57	57	509.039 Food service manager certification. —It is the duty 32
58	58	of The division shall to adopt, by rule, food safety protection 33
59	59	standards for the training and certification of all food service 34
60	60	managers who are responsible for the storage, preparation, 35
61	61	display, or serving of foods to the public in establishments 36
62	62	regulated under this chapter. The standards adopted by the 37
63	63	division must shall be consistent with the Standards for 38
64	64	Accreditation of Food Protection Manager Certification Programs 39
65	65	adopted by the Conference for Food Protection. The division 40
66	66	shall adopt these standards are to be adopted by the division to 41
67	67	ensure that, upon successfully passing a test that is, approved 42
68	68	by the Conference for Food Protection and upon viewing a video 43
69	69	regarding food allergies which is approved by the division in 44
70	70	consultation with Food Allergy Research and Education, Inc., and 45
71	71	the Florida Restaurant and Lodging Assoc iation, Inc., a manager 46
72	72	of a food service establishment shall have demonstrated a 47
73	73	knowledge of basic food protection practices. The division may 48
74	74	contract with an organization offering a training and 49
75	75	certification program that complies with division standar ds and 50
76	76
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84	84	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
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88	88	results in a certification recognized by the Conference for Food 51
89	89	Protection to conduct an approved test and certify all test 52
90	90	results to the division. Other organizations offering programs 53
91	91	that meet the same requirements may also conduct approved tes ts, 54
92	92	provide viewing of approved videos, and certify all test results 55
93	93	to the division. The division may charge the organization it 56
94	94	contracts with a fee of up to not more than $5 per certified 57
95	95	test to cover the administrative costs of the division for the 58
96	96	food service manager training and certification program. A 59
97	97	manager All managers employed by a food service establishment 60
98	98	must pass have passed an approved test and view a video 61
99	99	regarding food allergies that is approved by the division in 62
100	100	consultation with Fo od Allergy Research and Education, Inc., and 63
101	101	the Florida Restaurant and Lodging Association, Inc. The 64
102	102	division shall issue and received a certificate attesting to the 65
103	103	passing of the test and viewing of the video thereto. Managers 66
104	104	have a period of 30 days a fter employment to pass the required 67
105	105	test and view the approved video . Each All public food service 68
106	106	establishment shall establishments must provide the division 69
107	107	with proof of food service manager certification upon request, 70
108	108	including, but not limited to, a t the time of any division 71
109	109	inspection of the establishment. The ranking of food service 72
110	110	establishments is also preempted to the state; provided, 73
111	111	however, that any local ordinances establishing a ranking system 74
112	112	in existence prior to October 1, 1988, may rem ain in effect. 75
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121	121	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
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125	125	Section 2. Subsection (1) of section 509.049, Florida 76
126	126	Statutes, is amended to read: 77
127	127	509.049 Food service employee training. — 78
128	128	(1) The division shall adopt, by rule, minimum food safety 79
129	129	protection standards for the training of all food service 80
130	130	employees who are responsible for the storage, preparation, 81
131	131	display, or serving of foods to the public in establishments 82
132	132	regulated under this chapter. These standards shall not include 83
133	133	an examination, but shall provide for a food safety training 84
134	134	certificate program for food service employees to be 85
135	135	administered by a private nonprofit provider chosen by the 86
136	136	division. 87
137	137	Section 3. Section 509.101, Florida Statutes, is amended 88
138	138	to read: 89
139	139	509.101 Establishment rules; posting of notice of rules 90
140	140	and regulations; food service inspection report; posting of 91
141	141	notice for food allergies; food allergy friendly designation 92
142	142	maintenance of guest register; mobile food dispensing vehicle 93
143	143	registry.— 94
144	144	(1) An Any operator of a public lodging establishment or a 95
145	145	public food service establishment may establish reasonable rules 96
146	146	and regulations for the management of the establishment and its 97
147	147	guests and employees ,; and each guest or employee staying, 98
148	148	sojourning, eating, or employed in the establishment shall 99
149	149	conform to and abide by such rules and regulations so long as 100
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158	158	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
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162	162	the guest or employee remains in or at the establishment. Such 101
163	163	rules and regulations shall be deemed to be a special contract 102
164	164	between the operator and each guest or employee using the 103
165	165	services or facilities of t he operator. Such rules and 104
166	166	regulations shall control the liabilities, responsibilities, and 105
167	167	obligations of all parties. Any rules or regulations established 106
168	168	pursuant to this section shall be printed in the English 107
169	169	language and posted in a prominent place within the such public 108
170	170	lodging establishment or public food service establishment. In 109
171	171	addition, an any operator of a public food service establishment 110
172	172	shall maintain a copy of the latest food service inspection 111
173	173	report and shall make it available to the division at the time 112
174	174	of any division inspection of the establishment and to the 113
175	175	public, upon request. 114
176	176	(2) Food allergy protocols are verified and enforced 115
177	177	during restaurant inspection. 116
178	178	(3) A mobile food dispensing vehicle must list major 117
179	179	allergens included on the menu. 118
180	180	(4) Each operator of a public food service establishment 119
181	181	must: 120
182	182	(a) Display in a prominent place in the public food 121
183	183	service establishment a list of the major food allergen 122
184	184	ingredients for each food item. The list must include, but need 123
185	185	not be limited to, information regarding the risk of an allergic 124
186	186	reaction and major allergen ingredien ts for each item. 125
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195	195	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
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199	199	(b) Include on all menus a notice to customers of the 126
200	200	customer's obligation to inform the server about any food 127
201	201	allergy. The division, in consultation with the Food Allergy 128
202	202	Research and Education, Inc. and the Florida Restaurant and 129
203	203	Lodging Association, Inc., shall establish the notice. 130
204	204	(5) The division shall develop a program for public food 131
205	205	service establishments to be designated as "food -allergy 132
206	206	friendly." Participation of a public food service establishment 133
207	207	in the program is mandatory. The division shall adopt rules for 134
208	208	the designation, which must include, but need not limited to, 135
209	209	maintaining on the premises and making available to the public a 136
210	210	master list of all the ingredients used in the preparation of 137
211	211	each food item that i s available for consumption at the public 138
212	212	food service establishment. 139
213	213	(2) It is the duty of each operator of a transient 140
214	214	establishment to maintain at all times a register, signed by or 141
215	215	for guests who occupy rental units within the establishment, 142
216	216	showing the dates upon which the rental units were occupied by 143
217	217	such guests and the rates charged for their occupancy. This 144
218	218	register shall be maintained in chronological order and 145
219	219	available for inspection by the division at any time. Operators 146
220	220	need not make availa ble registers which are more than 2 years 147
221	221	old. 148
222	222	(3) It is the duty of each operator of a public food 149
223	223	service establishment that provides commissary services to 150
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232	232	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
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236	236	maintain a daily registry verifying that each mobile food 151
237	237	dispensing vehicle that receives such services is properly 152
238	238	licensed by the division. In order that such licensure may be 153
239	239	readily verified, each mobile food dispensing vehicle operator 154
240	240	shall permanently affix in a prominent place on the side of the 155
241	241	vehicle, in figures at least 2 inches high an d in contrasting 156
242	242	colors from the background, the operator's public food service 157
243	243	establishment license number. Prior to providing commissary 158
244	244	services, each public food service establishment must verify 159
245	245	that the license number displayed on the vehicle matche s the 160
246	246	number on the vehicle operator's public food service 161
247	247	establishment license. 162
248	248	Section 4. Subsection (10) is added to section 509.261, 163
249	249	Florida Statutes, to read: 164
250	250	509.261 Revocation or suspension of licenses; fines; 165
251	251	procedure.— 166
252	252	(10) The division may fine, suspend, or revoke the license 167
253	253	of any public food service establishment if the establishment is 168
254	254	not in compliance with: 169
255	255	(a) Section 509.101(4); 170
256	256	(b) Any of the following: 171
257	257	1. Allergen information must be visible for each food item 172
258	258	separately if the food is bought and sold on a buffet. 173
259	259	2. If the food is bought and sold through an application 174
260	260	on a mobile device, allergen information must be listed at some 175
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269	269	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
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273	273	point between order placement and receiving the food. 176
274	274	3. Accurate and consistent all ergen information must be 177
275	275	legibly written on a menu in dine -in establishments. 178
276	276	4. Allergen information on written product specification 179
277	277	sheets, ingredients labels, verbal statements to customers when 180
278	278	asked, quick response codes on tables and menus to al low 181
279	279	customers to access allergen information online, or a sign 182
280	280	informing customers how to access allergen information. 183
281	281	5. If cross-contamination cannot be avoided, customers 184
282	282	must be informed that an allergen -free dish is not available. 185
283	283	6. Restaurants, take out services, mobile food dispensing 186
284	284	vehicles, and buffets must display in each menu a list of major 187
285	285	allergens. 188
286	286	7. Managers and staff must show proof of food allergy 189
287	287	safety protocols upon inspection. 190
288	288	8. Staff must be trained on cross -contamination protocols 191
289	289	upon hiring. 192
290	290	9. Managers must be certified in food allergy training 193
291	291	guidelines. 194
292	292	Section 5. This act shall take effect July 1, 2023. 195