Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2484
Barcode 740980
CHAMBER ACTION
Senate House
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04/16/2007 04:41 PM .
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11 The Committee on Regulated Industries (Haridopolos)
12 recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Paragraphs (a) and (b) of subsection (1) of
19 section 509.291, Florida Statutes, are amended to read:
20 509.291 Advisory council.--
21 (1) There is created a 10-member advisory council.
22 (a) The Secretary of Business and Professional
23 Regulation shall appoint six five voting members to the
24 advisory council. Each member appointed by the secretary must
25 be an operator of an establishment licensed under this chapter
26 and shall represent the industries regulated by the division,
27 except that one member appointed by the secretary must be a
28 layperson representing and shall represent the general public
29 and one member must be a hospitality education administrator
30 from an institution of higher education of this state. Such
31 members of the council shall serve staggered terms of 4 years.
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2484
Barcode 740980
1 (b) The Florida Hotel and Motel Association, the
2 Florida Restaurant and Lodging Association shall designate one
3 representative from the lodging industry and one
4 representative from the restaurant industry to serve as voting
5 members of the council., The Florida Apartment Association,
6 and the Florida Association of Realtors shall each designate
7 one representative to serve as a voting member of the council.
8 In addition, one hospitality administration educator from an
9 institution of higher education affiliated with the
10 Hospitality Education Program pursuant to s. 509.302(2) shall
11 serve for a term of 2 years as a voting member of the council.
12 This single representative shall be designated on a rotating
13 basis by the institution or institutions of higher education
14 affiliated with this program pursuant to s. 509.302(2).
15 Section 2. Section 509.302, Florida Statutes, is
16 amended to read:
17 509.302 Hospitality Education Program Director of
18 education; personnel; employment duties; compensation.--
19 (1) The division director shall, with the advice of
20 the advisory council, employ a director of education for the
21 lodging and food service industry.
22 (2) The director of education shall administer develop
23 and implement an educational program, designated the
24 "Hospitality Education Program," offered for the benefit of
25 the restaurant and lodging industries of this state entire
26 industry. This program may affiliate with Florida State
27 University, Florida International University, and the
28 University of Central Florida. The program may also affiliate
29 with any other member of the State University System or
30 Florida Community College System, or with any privately funded
31 college or university, which offers a program of hospitality
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2484
Barcode 740980
1 administration and management. The primary goal of this
2 program shall be administered with the advice of the advisory
3 council and shall fund the following types of training and
4 training-related activities is to instruct and train all
5 individuals and businesses licensed under this chapter, in
6 cooperation with recognized associations that represent the
7 licensees, in the application of state and federal laws and
8 rules. Such programs shall also include:
9 (a) Training provided by the division to licensees
10 under this chapter and the licensees' managers and employees
11 in the application of state and federal laws and rules to the
12 operations of the licensees and the licensees' managers and
13 employees.
14 (b) Enhancement of school-to-career training and
15 transition programs for students interested in pursuing
16 careers in the food service or lodging industry. Training and
17 transition programs shall be provided through the public
18 school system utilizing a nationally recognized curriculum
19 approved by the division, with the enhancements funded under
20 this section provided by nonprofit statewide organizations in
21 the hospitality services field. Enhancement activities under
22 this section shall be funded by grants and the application
23 process for the grants shall be administered by the division.
24 (a) Career training.
25 (b) Management training.
26 (c) Inservice continuing education programs.
27 (d) Awareness of food-recovery programs, as promoted
28 in s. 570.0725.
29 (e) Such other programs as may be deemed appropriate
30 by the director of the division, the advisory council, and the
31 director of education.
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2484
Barcode 740980
1 (2)(3) All public lodging establishments and all
2 public food service establishments licensed under this chapter
3 shall pay an annual fee of no more than $10, which shall be
4 included in the annual license fee and which shall be used for
5 the sole purpose of funding the Hospitality Education Program.
6 (3) Notwithstanding any other provision of law to the
7 contrary, grant funding under this section for the services
8 described in paragraph (1)(b) shall include all expenses
9 incident to providing those services, including the cost of
10 staff support; student scholarships; compensation to program
11 instructors for time spent in relevant training; special
12 events or competitive events; and a reasonable stipend for
13 travel, lodging, and meals for instructors and students
14 participating in training or in related special events. All
15 such expenses shall be in accordance with the budget submitted
16 by the applicant in the grant application and approved by the
17 division. The expenditure of all funds distributed under this
18 section shall be subject to audit by the division.
19 (4) The director of education shall formulate an
20 annual budget, programs, and activities to accomplish the
21 purposes of this section, in accordance with and subject to
22 the advice and recommendations of the advisory council.
23 (a) The annual budget of the Hospitality Education
24 Program must show that the total fees or charges estimated to
25 be collected during the next fiscal year under this section
26 will be dedicated solely to the estimated cost of funding the
27 Hospitality Education Program, less any trust fund service
28 charge imposed by s. 215.20. If the estimated cost of funding
29 the Hospitality Education Program in any fiscal year is less
30 than the total fees or charges estimated to be collected
31 during that year, the director of education shall submit a
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2484
Barcode 740980
1 report to the advisory council division director demonstrating
2 why the amount of such fee or charge should not be immediately
3 reduced to eliminate the projected surplus. The division
4 director shall also submit forward this report to the
5 Secretary of Business and Professional Regulation as part of
6 the division's annual budget request.
7 (b) Both the secretary's legislative budget requests
8 submitted pursuant to ss. 216.023 and 216.031 and the
9 Governor's recommended budget submitted pursuant to s. 216.163
10 must also show that the total fees or charges estimated to be
11 collected during the next fiscal year under this section will
12 be dedicated solely to funding the Hospitality Education
13 Program, less any trust fund service charge imposed by s.
14 215.20. If the estimated cost of funding the Hospitality
15 Education Program in any fiscal year is less than the total
16 fees or charges estimated to be collected during that year,
17 the secretary shall submit a report demonstrating why the
18 amount of such fee or charge should not be immediately reduced
19 to eliminate the projected surplus.
20 (5) The director of education, with the approval of
21 the director and with the advice of the advisory council, may
22 employ such personnel as necessary to carry out the purposes
23 of this section.
24 (6) The director of education and any staff shall
25 receive such compensation as may be approved by the director
26 acting with the advice of the advisory council.
27 (5)(7) The director of education, with the approval of
28 The director, and with the consent of the advisory council,
29 may designate funds, not to exceed $250,000 $150,000 annually,
30 to support school-to-career transition programs available
31 through statewide organizations in the hospitality services
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2484
Barcode 740980
1 field. Such programs shall be designed to prepare students for
2 progressive careers in the hospitality industry. The director
3 of education, with the approval of The director, and with the
4 consent of the advisory council, may also designate funds, not
5 to exceed $50,000 annually, to support food safety training
6 programs available through statewide organizations in the
7 hospitality services field, and not to exceed $50,000
8 annually, to support nontransient public lodging training
9 programs available through statewide organizations in the
10 public lodging services field.
11 (6)(a) The director of education shall have
12 supervision over the administration of the programs set forth
13 in this subsection and shall report the status of the programs
14 at all meetings of the advisory council and at such other
15 times as are prescribed by the advisory council.
16 (7)(b) The division shall adopt rules providing the
17 criteria for grant program approval and the procedures for
18 processing grant program applications. The criteria and
19 procedures shall be approved by the advisory council. The
20 criteria shall give primary consideration to the experience
21 and history of the applicant in representing the food service
22 or lodging industry, the applicant's prior commitment to
23 school-to-career transition programs in the food service or
24 lodging industry, and the applicant's demonstrated ability to
25 provide services statewide with industry support and
26 participation. Grants awarded under this section shall be for
27 a term of 4 years, with funding provided on an annual basis.
28 Section 3. Subsection (2) of section 509.072, Florida
29 Statutes, is amended to read:
30 509.072 Hotel and Restaurant Trust Fund; collection
31 and disposition of moneys received.--
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2484
Barcode 740980
1 (2) Fees collected under s. 509.302(2)(3) and
2 deposited into the trust fund must be used solely for the
3 purpose of funding the Hospitality Education Program, except
4 for any trust fund service charge imposed by s. 215.20, and
5 may not be used to pay for any expense of the division not
6 directly attributable to the Hospitality Education Program.
7 These funds may not be deposited or transferred into any other
8 trust fund administered by the Department of Business and
9 Professional Regulation or any of its divisions. For audit
10 purposes, fees collected under s. 509.302(2)(3) and all
11 charges against those fees must be maintained by the
12 department as a separate ledger.
13 Section 4. Subsection (4) of section 509.261, Florida
14 Statutes, is amended to read:
15 509.261 Revocation or suspension of licenses; fines;
16 procedure.--
17 (4) All funds received by the division as satisfaction
18 for administrative fines shall be paid into the State Treasury
19 to the credit of the Hotel and Restaurant Trust Fund and may
20 not subsequently be used for payment to any entity performing
21 required inspections under contract with the division.
22 Administrative fines may be used to support division programs
23 pursuant to s. 509.302(1)(a).
24 Section 5. This act shall take effect July 1, 2007.
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27 ================ T I T L E A M E N D M E N T ===============
28 And the title is amended as follows:
29 On page 1, lines 14-21, delete those lines
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31 and insert:
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2484
Barcode 740980
1 by the program; deleting certain provisions
2 relating to duties and responsibilities of the
3 director of education; providing criteria by
4 which grants may be awarded under the program;
5 amending s. 509.072, F.S.; conforming
6 cross-references; amending s. 509.261, F.S.;
7 providing for the use of administrative fines;
8 providing an effective date.
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