CS/HB 419

1	A bill to be entitled
2	An act relating to lodging and food service
3	establishments; amending s. 509.261, F.S.; providing for
4	the use of administrative fines; amending s. 509.291,
5	F.S.; revising membership provisions of the Department of
6	Business and Professional Regulation's Division of Hotels
7	and Restaurants' advisory council; amending s. 509.302,
8	F.S.; revising the Hospitality Education Program;
9	replacing the director of education with the division as
10	administrator of the program; revising provisions relating
11	to the administration and funding of the program; revising
12	the training and training-related activities funded by the
13	program; deleting certain provisions relating to duties
14	and responsibilities of the director of education;
15	providing criteria by which grants may be awarded under
16	the program; amending s. 509.072, F.S.; conforming cross-
17	references; providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Subsection (4) of section 509.261, Florida
22	Statutes, is amended to read:
23	509.261  Revocation or suspension of licenses; fines;
24	procedure.--
25	(4)  All funds received by the division as satisfaction for
26	administrative fines shall be paid into the State Treasury to
27	the credit of the Hotel and Restaurant Trust Fund and may not
28	subsequently be used for payment to any entity performing
29	required inspections under contract with the division.
30	Administrative fines may be used to support division programs
31	pursuant to s. 509.302(1).
32	Section 2.  Paragraphs (a) and (b) of subsection (1) of
33	section 509.291, Florida Statutes, are amended to read:
34	509.291  Advisory council.--
35	(1)  There is created a 10-member advisory council.
36	(a)  The Secretary of Business and Professional Regulation
37	shall appoint seven five voting members to the advisory council.
38	Each member appointed by the secretary must be an operator of an
39	establishment licensed under this chapter and shall represent
40	the industries regulated by the division, except that one member
41	appointed by the secretary must be a layperson representing and
42	shall represent the general public and one member must be a
43	hospitality education administrator from an institution of
44	higher education of this state. Such members of the council
45	shall serve staggered terms of 4 years.
46	(b)  The Florida Hotel and Motel Association, the Florida
47	Restaurant and Lodging Association shall designate one
48	representative to serve as a voting member of the council., The
49	Florida Apartment Association, and the Florida Association of
50	Realtors shall each designate one representative to serve as a
51	voting member of the council. In addition, one hospitality
52	administration educator from an institution of higher education
53	affiliated with the Hospitality Education Program pursuant to s.
54	509.302(2) shall serve for a term of 2 years as a voting member
55	of the council. This single representative shall be designated
56	on a rotating basis by the institution or institutions of higher
57	education affiliated with this program pursuant to s.
58	509.302(2).
59	Section 3.  Section 509.302, Florida Statutes, is amended
60	to read:
61	509.302  Hospitality Education Program Director of
62	education; personnel; employment duties; compensation.--
63	(1)  The division director shall, with the advice of the
64	advisory council, employ a director of education for the lodging
65	and food service industry.
66	(2)  The director of education shall administer develop and
67	implement an educational program, designated the "Hospitality
68	Education Program," offered for the benefit of the restaurant
69	and lodging industries of this state entire industry. This
70	program may affiliate with Florida State University, Florida
71	International University, and the University of Central Florida.
72	The program may also affiliate with any other member of the
73	State University System or Florida Community College System, or
74	with any privately funded college or university, which offers a
75	program of hospitality administration and management. The
76	primary goal of this program is to instruct and train all
77	individuals and businesses licensed under this chapter, in
78	cooperation with recognized associations that represent the
79	licensees, in the application of state and federal laws and
80	rules. Such programs shall also include:
81	(a)  Career training.
82	(b)  Management training.
83	(b)(c)  Inservice continuing education programs.
84	(c)(d)  Awareness of food-recovery programs, as promoted in
85	s. 570.0725.
86	(d)  Enhancement of school-to-career training and
87	transition programs for students interested in pursuing careers
88	in the food service or lodging industry. Training and transition
89	programs shall be provided through the public school system
90	utilizing a nationally recognized curriculum approved by the
91	division, with the enhancements funded under this section
92	provided by grants from nonprofit statewide organizations in the
93	hospitality services field, and the application process for the
94	grants shall be administered by the division.
95	(e)  Such other programs as may be deemed appropriate by
96	the director and of the division, the advisory council, and the
97	director of education.
98	(2)(3)  All public lodging establishments and all public
99	food service establishments licensed under this chapter shall
100	pay an annual fee of no more than $10, which shall be included
101	in the annual license fee and which shall be used for the sole
102	purpose of funding the Hospitality Education Program.
103	(3)  Notwithstanding any other provision of law to the
104	contrary, grant funding under this section for the services
105	described in paragraph (1)(d) shall include all expenses
106	incident to providing those services, including the cost of
107	staff support; student scholarships; compensation to program
108	instructors for time spent in relevant training; special events
109	or competitive events; and a reasonable stipend for travel,
110	lodging, and meals for instructors and students participating in
111	training or in related special events. All such expenses shall
112	be in accordance with the budget submitted by the applicant in
113	the grant application and approved by the division. The
114	expenditure of all funds distributed under this section shall be
115	subject to audit by the division.
116	(4)  The director of education shall formulate an annual
117	budget, programs, and activities to accomplish the purposes of
118	this section, in accordance with and subject to the advice and
119	recommendations of the advisory council.
120	(a)  The annual budget of the Hospitality Education Program
121	must show that the total fees or charges estimated to be
122	collected during the next fiscal year under this section will be
123	dedicated solely to the estimated cost of funding the
124	Hospitality Education Program, less any trust fund service
125	charge imposed by s. 215.20. If the estimated cost of funding
126	the Hospitality Education Program in any fiscal year is less
127	than the total fees or charges estimated to be collected during
128	that year, the director of education shall submit a report to
129	the advisory council division director demonstrating why the
130	amount of such fee or charge should not be immediately reduced
131	to eliminate the projected surplus. The division director shall
132	also submit forward this report to the Secretary of Business and
133	Professional Regulation as part of the division's annual budget
134	request.
135	(b)  Both the secretary's legislative budget requests
136	submitted pursuant to ss. 216.023 and 216.031 and the Governor's
137	recommended budget submitted pursuant to s. 216.163 must also
138	show that the total fees or charges estimated to be collected
139	during the next fiscal year under this section will be dedicated
140	solely to funding the Hospitality Education Program, less any
141	trust fund service charge imposed by s. 215.20. If the estimated
142	cost of funding the Hospitality Education Program in any fiscal
143	year is less than the total fees or charges estimated to be
144	collected during that year, the secretary shall submit a report
145	demonstrating why the amount of such fee or charge should not be
146	immediately reduced to eliminate the projected surplus.
147	(5)  The director of education, with the approval of the
148	director and with the advice of the advisory council, may employ
149	such personnel as necessary to carry out the purposes of this
150	section.
151	(6)  The director of education and any staff shall receive
152	such compensation as may be approved by the director acting with
153	the advice of the advisory council.
154	(5)(7)  The director of education, with the approval of The
155	director, and with the consent of the advisory council, may
156	designate funds, not to exceed $250,000 $150,000 annually, to
157	support school-to-career transition programs available through
158	statewide organizations in the hospitality services field. Such
159	programs shall be designed to prepare students for progressive
160	careers in the hospitality industry. The director of education,
161	with the approval of The director, and with the consent of the
162	advisory council, may also designate funds, not to exceed
163	$50,000 annually, to support food safety training programs
164	available through statewide organizations in the hospitality
165	services field, and not to exceed $50,000 annually, to support
166	nontransient public lodging training programs available through
167	statewide organizations in the public lodging services field.
168	(a)  The director of education shall have supervision over
169	the administration of the programs set forth in this subsection
170	and shall report the status of the programs at all meetings of
171	the advisory council and at such other times as are prescribed
172	by the advisory council.
173	(b)  The division shall adopt rules providing the criteria
174	for grant program approval and the procedures for processing
175	grant program applications. The criteria and procedures shall be
176	approved by the advisory council. The criteria shall give
177	primary consideration to the experience and history of the
178	applicant in representing the food service or lodging industry,
179	the applicant's prior commitment to school-to-career transition
180	programs in the food service or lodging industry, and the
181	applicant's demonstrated ability to provide services statewide
182	with industry support and participation. Grants awarded under
183	this section shall be for a term of 4 years, with funding
184	provided on an annual basis.
185	Section 4.  Subsection (2) of section 509.072, Florida
186	Statutes, is amended to read:
187	509.072  Hotel and Restaurant Trust Fund; collection and
188	disposition of moneys received.--
189	(2)  Fees collected under s. 509.302(2)(3) and deposited
190	into the trust fund must be used solely for the purpose of
191	funding the Hospitality Education Program, except for any trust
192	fund service charge imposed by s. 215.20, and may not be used to
193	pay for any expense of the division not directly attributable to
194	the Hospitality Education Program. These funds may not be
195	deposited or transferred into any other trust fund administered
196	by the Department of Business and Professional Regulation or any
197	of its divisions. For audit purposes, fees collected under s.
198	509.302(2)(3) and all charges against those fees must be
199	maintained by the department as a separate ledger.
200	Section 5.  This act shall take effect July 1, 2007.

CODING: Words stricken are deletions; words underlined are additions.