Senate Bill sb2484
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Florida Senate - 2007 SB 2484
By Senator Haridopolos
26-874-07 See HB 419
1 A bill to be entitled
2 An act relating to lodging and food service
3 establishments; amending s. 509.291, F.S.;
4 revising membership provisions of the
5 Department of Business and Professional
6 Regulation's Division of Hotels and
7 Restaurants' advisory council; amending s.
8 509.302, F.S.; revising the Hospitality
9 Education Program; replacing the director of
10 education with the division as administrator of
11 the program; revising provisions relating to
12 the administration of the program; revising the
13 training and training-related activities funded
14 by the program; specifying how funds collected
15 under the program shall be expended; deleting
16 provisions relating to duties and
17 responsibilities of the director of education;
18 providing criteria by which grants may be
19 awarded under the program; amending s. 509.072,
20 F.S.; conforming cross-references; providing an
21 effective date.
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23 Be It Enacted by the Legislature of the State of Florida:
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25 Section 1. Paragraphs (a) and (b) of subsection (1) of
26 section 509.291, Florida Statutes, are amended to read:
27 509.291 Advisory council.--
28 (1) There is created a 10-member advisory council.
29 (a) The Secretary of Business and Professional
30 Regulation shall appoint six five voting members to the
31 advisory council. Each member appointed by the secretary must
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Florida Senate - 2007 SB 2484
26-874-07 See HB 419
1 be an operator of an establishment licensed under this chapter
2 and shall represent the industries regulated by the division,
3 except that one member appointed by the secretary must be a
4 layperson representing and shall represent the general public
5 and one member must be a hospitality education administrator
6 from an institution of higher education of this state. Such
7 members of the council shall serve staggered terms of 4 years.
8 (b) The Florida Hotel and Motel Association, the
9 Florida Restaurant and Lodging Association shall designate one
10 representative from the lodging industry and one
11 representative from the food service industry to serve as
12 voting members of the council., The Florida Apartment
13 Association, and the Florida Association of Realtors shall
14 each designate one representative to serve as a voting member
15 of the council. In addition, one hospitality administration
16 educator from an institution of higher education affiliated
17 with the Hospitality Education Program pursuant to s.
18 509.302(2) shall serve for a term of 2 years as a voting
19 member of the council. This single representative shall be
20 designated on a rotating basis by the institution or
21 institutions of higher education affiliated with this program
22 pursuant to s. 509.302(2).
23 Section 2. Section 509.302, Florida Statutes, is
24 amended to read:
25 509.302 Hospitality Education Program Director of
26 education; personnel; employment duties; compensation.--
27 (1) The division director shall, with the advice of
28 the advisory council, employ a director of education for the
29 lodging and food service industry.
30 (2) The director of education shall administer develop
31 and implement an educational program, designated the
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Florida Senate - 2007 SB 2484
26-874-07 See HB 419
1 "Hospitality Education Program," offered for the benefit of
2 the food service and lodging industries of this state entire
3 industry. This program may affiliate with Florida State
4 University, Florida International University, and the
5 University of Central Florida. The program may also affiliate
6 with any other member of the State University System or
7 Florida Community College System, or with any privately funded
8 college or university, which offers a program of hospitality
9 administration and management. The primary goal of this
10 program shall be administered with the advice of the advisory
11 council and shall fund the following types of training and
12 training-related activities is to instruct and train all
13 individuals and businesses licensed under this chapter, in
14 cooperation with recognized associations that represent the
15 licensees, in the application of state and federal laws and
16 rules. Such programs shall also include:
17 (a) Training provided by the division to licensees
18 under this chapter and the licensees' managers and employees
19 in the application of state and federal laws and rules to the
20 operations of the licensees and the licensees' managers and
21 employees.
22 (b) Enhancement of school-to-career training and
23 transition programs for students interested in pursuing
24 careers in the food service or lodging industry. Training and
25 transition programs shall be provided through the public
26 school system utilizing a nationally recognized curriculum
27 approved by the division, with the enhancements funded under
28 this section provided by nonprofit statewide organizations in
29 the hospitality services field. Enhancement activities under
30 this section shall be funded by grants and the application
31 process for the grants shall be administered by the division.
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Florida Senate - 2007 SB 2484
26-874-07 See HB 419
1 Such activities may include providing job experience
2 opportunities for students; day-to-day support for program
3 instructors; student scholarships; special events recognizing
4 outstanding students, instructors, industry mentors, or
5 program sponsors; program-related competitive events for
6 students; and continuous inservice training for instructors.
7 (a) Career training.
8 (b) Management training.
9 (c) Inservice continuing education programs.
10 (d) Awareness of food-recovery programs, as promoted
11 in s. 570.0725.
12 (e) Such other programs as may be deemed appropriate
13 by the director of the division, the advisory council, and the
14 director of education.
15 (2)(3) All public lodging establishments and all
16 public food service establishments licensed under this chapter
17 shall pay an annual fee of no more than $10, which shall be
18 included in the annual license fee and which shall be used for
19 the sole purpose of funding the Hospitality Education Program.
20 The division may expend up to 35 percent of the funds
21 collected under this subsection for the sole purpose of
22 providing the services described in paragraph (1)(a) and of
23 recouping the division's direct expenses incurred in
24 administering the Hospitality Education Program. The division
25 shall annually expend all remaining funds collected under this
26 subsection to fund grants for the services described in
27 paragraph (1)(b). All funds left unexpended in any state
28 fiscal year shall be made available in the following state
29 fiscal year to fund grants for the services described in
30 paragraph (1)(b).
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Florida Senate - 2007 SB 2484
26-874-07 See HB 419
1 (3) Notwithstanding any other provision of law to the
2 contrary, grant funding under this section for the services
3 described in paragraph (1)(b) shall include all expenses
4 incident to providing those services, including the cost of
5 staff support; student scholarships; compensation to program
6 instructors for time spent in relevant training; special
7 events or competitive events; and a reasonable stipend for
8 travel, lodging, and meals for instructors and students
9 participating in training or in related special events. All
10 such expenses shall be in accordance with the budget submitted
11 by the applicant in the grant application and approved by the
12 division. The expenditure of all funds distributed under this
13 section shall be subject to audit by the division.
14 (4) The director of education shall formulate an
15 annual budget, programs, and activities to accomplish the
16 purposes of this section, in accordance with and subject to
17 the advice and recommendations of the advisory council.
18 (a) The annual budget of the Hospitality Education
19 Program must show that the total fees or charges estimated to
20 be collected during the next fiscal year under this section
21 will be dedicated solely to the estimated cost of funding the
22 Hospitality Education Program, less any trust fund service
23 charge imposed by s. 215.20. If the estimated cost of funding
24 the Hospitality Education Program in any fiscal year is less
25 than the total fees or charges estimated to be collected
26 during that year, the director of education shall submit a
27 report to the advisory council division director demonstrating
28 why the amount of such fee or charge should not be immediately
29 reduced to eliminate the projected surplus. The division
30 director shall also submit forward this report to the
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Florida Senate - 2007 SB 2484
26-874-07 See HB 419
1 Secretary of Business and Professional Regulation as part of
2 the division's annual budget request.
3 (b) Both the secretary's legislative budget requests
4 submitted pursuant to ss. 216.023 and 216.031 and the
5 Governor's recommended budget submitted pursuant to s. 216.163
6 must also show that the total fees or charges estimated to be
7 collected during the next fiscal year under this section will
8 be dedicated solely to funding the Hospitality Education
9 Program, less any trust fund service charge imposed by s.
10 215.20. If the estimated cost of funding the Hospitality
11 Education Program in any fiscal year is less than the total
12 fees or charges estimated to be collected during that year,
13 the secretary shall submit a report demonstrating why the
14 amount of such fee or charge should not be immediately reduced
15 to eliminate the projected surplus.
16 (5) The director of education, with the approval of
17 the director and with the advice of the advisory council, may
18 employ such personnel as necessary to carry out the purposes
19 of this section.
20 (6) The director of education and any staff shall
21 receive such compensation as may be approved by the director
22 acting with the advice of the advisory council.
23 (7) The director of education, with the approval of
24 the director and with the consent of the advisory council, may
25 designate funds, not to exceed $150,000 annually, to support
26 school-to-career transition programs available through
27 statewide organizations in the hospitality services field.
28 Such programs shall be designed to prepare students for
29 progressive careers in the hospitality industry. The director
30 of education, with the approval of the director and with the
31 consent of the advisory council, may also designate funds, not
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Florida Senate - 2007 SB 2484
26-874-07 See HB 419
1 to exceed $50,000 annually, to support food safety training
2 programs available through statewide organizations in the
3 hospitality services field, and not to exceed $50,000
4 annually, to support nontransient public lodging training
5 programs available through statewide organizations in the
6 public lodging services field.
7 (5)(a) The director of education shall have
8 supervision over the administration of the programs set forth
9 in this subsection and shall report the status of the programs
10 at all meetings of the advisory council and at such other
11 times as are prescribed by the advisory council.
12 (6)(b) The division shall adopt rules providing the
13 criteria for grant program approval and the procedures for
14 processing grant program applications. The criteria and
15 procedures shall be approved by the advisory council. The
16 criteria shall give primary consideration to the experience
17 and history of the applicant in representing the food service
18 or lodging industry, the applicant's prior commitment to
19 school-to-career transition programs in the food service or
20 lodging industry, and the applicant's demonstrated ability to
21 provide services statewide with industry support and
22 participation. Grants awarded under this section shall be for
23 a term of 4 years, with funding provided on an annual basis.
24 Section 3. Subsection (2) of section 509.072, Florida
25 Statutes, is amended to read:
26 509.072 Hotel and Restaurant Trust Fund; collection
27 and disposition of moneys received.--
28 (2) Fees collected under s. 509.302(2)(3) and
29 deposited into the trust fund must be used solely for the
30 purpose of funding the Hospitality Education Program, except
31 for any trust fund service charge imposed by s. 215.20, and
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Florida Senate - 2007 SB 2484
26-874-07 See HB 419
1 may not be used to pay for any expense of the division not
2 directly attributable to the Hospitality Education Program.
3 These funds may not be deposited or transferred into any other
4 trust fund administered by the Department of Business and
5 Professional Regulation or any of its divisions. For audit
6 purposes, fees collected under s. 509.302(2)(3) and all
7 charges against those fees must be maintained by the
8 department as a separate ledger.
9 Section 4. This act shall take effect July 1, 2007.
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