The purpose and effect of the proposed rule development is to specify acceptable methods of conducting employee training.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants

Rule No. : RULE TITLE :
61C-4.023: Food Protection Manager Certification and Public Food Service Employee Training
PURPOSE AND EFFECT: The purpose and effect of the proposed rule development is to specify acceptable methods of conducting employee training.
SUMMARY: The proposed rule amendment will allow division-approved public food service employee training programs to be conducted through a variety of instruction formats, including Internet-based training.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. An SERC has not been prepared by the agency.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 509.032, 509.039, 509.049 FS.
LAW IMPLEMENTED: 509.039, 509.049 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: May 24, 2011, 9:00 a.m. – 11:00 a.m. or until business is completed
PLACE: Professions Board Room, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, FL. or via Conference call: 1(888)808-6959, enter conference code 9225046.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Michelle Comingore, Operations Review Specialist, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-1011, Telephone: [phone], E-mail: [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michelle Comingore, Operations Review Specialist, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-1011, Telephone: [phone], E-mail: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

61C-4.023 Food Protection Manager Certification and Public Food Service Employee Training.

(1) through (3) No change.

(4) Public Food Service Employee Training.

(a) through (c) No change.

(d) Public food service employee training may be provided through written materials, interactive distance learning, in-person instruction, or any other method of delivery that conveys the necessary information, so long as the training program has been approved by the division and complies with all requirements in this subsection and Section 509.049, F.S. Regardless of the delivery method, each employee training certificate and card provided to the student upon completing the public food service employee training program must include the provider number assigned by the division, and the name and certificate number of the certified food manager responsible for providing the training.

1. For the purpose of this rule, “interactive distance learning” means the delivery of an approved public food service employee training program via the internet or other interactive electronic media. Such training must be interactive, providing for the exchange of information at regular intervals to promote student involvement, and must provide for the registration, evaluation, monitoring, and verification of public food service employee training. Interactive distance learning training programs must require the student to complete and submit a statement at the end of the course that the student personally completed each module of instruction. Interactive distance learning must not require passage of an examination to complete the training.

2. Each provider of an approved public food service employee training program provided through interactive distance learning is responsible for verifying student identification upon each log-in and at regular intervals, and ensuring that one student registration cannot be used to complete the training program more than one time. Student identification verification may be based upon information obtained at the time of registration.

3. Each provider of an approved public food service employee training program must notify the division in writing that it will provide the training program through interactive distance learning. Such notification must include the approved program provider number; the form of electronic media utilized; the internet address for the training program, if provided through the internet; and the name and certificate number of the certified food manager responsible for maintaining and updating the information provided by the training program. The approved provider must notify the division in writing of any changes to the required information within 30 days of the change.

Rulemaking Authority 509.032, 509.039, 509.049 FS. Law Implemented 509.039, 509.049 FS. History–New 2-21-91, Amended 5-12-92, Formerly 10D-13.037, 7C-4.023, Amended 3-31-94, 10-9-95, 1-18-98, 2-7-01, 8-12-08, 6-30-10,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Bill L. Veach, Director, Division of Hotels and Restaurants, Department of Business and Professional Regulation
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Charlie Liem, Secretary, Department of Business and Professional Regulation
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 8, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 19, 2010