Florida Senate - 2009 CS for SB 1418
By the Committee on Regulated Industries; and Senator Jones
580-04979-09 20091418c1
1 A bill to be entitled
2 An act relating to the Hospitality Education Program
3 within the Department of Business and Professional
4 Regulation; amending s. 509.302, F.S.; deleting
5 certain goals of the program; revising references in
6 the program to emphasize restaurants rather than food
7 service; providing for funding to be comprised of a
8 percentage of certain fees collected rather than a
9 specific dollar amount; deleting a provision that
10 permits the Division of Hotels and Restaurants to use
11 administrative fines to fund the program; providing an
12 effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Section 509.302, Florida Statutes, is amended to
17 read:
18 509.302 Hospitality Education Program.—
19 (1) The division shall administer an educational program,
20 designated the “Hospitality Education Program,” offered for the
21 benefit of the restaurant and lodging industries of this state.
22 This program may affiliate with Florida State University,
23 Florida International University, and the University of Central
24 Florida. The program may also affiliate with any other member of
25 the State University System or Florida Community College System,
26 or with any privately funded college or university, which offers
27 a program of hospitality administration and management. The
28 primary goal of this program is to provide, support, and enhance
29 instruct and train all individuals and businesses licensed under
30 this chapter, in cooperation with recognized associations that
31 represent the licensees, in the application of state and federal
32 laws and rules. Such programs shall also include:
33 (a) Management training.
34 (b) Inservice continuing education programs.
35 (c) Awareness of food-recovery programs, as promoted in s.
36 570.0725.
37 (d) Enhancement of school-to-career training and transition
38 programs for students interested in pursuing careers in the
39 restaurant food service or lodging industries industry. Training
40 and transition programs shall be funded provided through the
41 public school system using a nationally recognized curriculum
42 approved by the division, with the enhancements funded under
43 this section provided by grants to from one or more nonprofit
44 statewide organizations representing the restaurant or lodging
45 industries of this state, and shall be delivered through the
46 public school system using a nationally recognized curriculum
47 approved by the division. in the hospitality services field, and
48 The application process for the grants shall be administered by
49 the division.
50 (e) Such other programs as may be deemed appropriate by the
51 director and the advisory council.
52 (2) All public lodging establishments and all public food
53 service establishments licensed under this chapter shall pay an
54 annual fee of no more than $10, which shall be included in the
55 annual license fee and used for the sole purpose of funding the
56 Hospitality Education Program.
57 (3) Notwithstanding any other provision of law to the
58 contrary, grant funding under this section for the services
59 described in paragraph (1)(d) shall include all expenses
60 incident to providing the programs those services, including the
61 cost of staff support; student scholarships; compensation to
62 program instructors for time spent in relevant training; special
63 events or competitive events; and a reasonable stipend for
64 travel, lodging, and meals for instructors and students
65 participating in training or in related special events. All such
66 expenses shall be in accordance with the budget submitted by the
67 applicant in the grant application and approved by the division.
68 The expenditure of all funds distributed under this section
69 shall be subject to audit by the division.
70 (4) The director shall formulate an annual budget,
71 programs, and activities to accomplish the purposes of this
72 section, in accordance with and subject to the advice and
73 recommendations of the advisory council.
74 (a) The annual budget of the Hospitality Education Program
75 must show that the total fees estimated to be collected during
76 the next fiscal year under this section will be dedicated solely
77 to the estimated cost of funding the Hospitality Education
78 Program, less any trust fund service charge imposed by s.
79 215.20. If the estimated cost of funding the Hospitality
80 Education Program in any fiscal year is less than the total fees
81 estimated to be collected during that year, the director shall
82 submit a report to the advisory council demonstrating why the
83 amount of such fee should not be immediately reduced to
84 eliminate the projected surplus. The director shall also submit
85 this report to the Secretary of Business and Professional
86 Regulation as part of the division’s annual budget request.
87 (b) Both the secretary’s legislative budget requests
88 submitted pursuant to ss. 216.023 and 216.031 and the Governor’s
89 recommended budget submitted pursuant to s. 216.163 must also
90 show that the total fees estimated to be collected during the
91 next fiscal year under this section will be dedicated solely to
92 funding the Hospitality Education Program, less any trust fund
93 service charge imposed by s. 215.20. If the estimated cost of
94 funding the Hospitality Education Program in any fiscal year is
95 less than the total fees estimated to be collected during that
96 year, the secretary shall submit a report demonstrating why the
97 amount of such fee should not be immediately reduced to
98 eliminate the projected surplus.
99 (5) The division shall use at least 68 percent of the funds
100 collected under subsection (2) for programs directed to careers
101 in the restaurant industry and at least 14 percent of the funds
102 for programs directed to careers in the lodging industry. If the
103 division does not receive a sufficient number of grant
104 applications that are submitted timely and comply with the
105 division’s requirements to use all of the funds reserved for
106 programs directed to careers in one of the industries, the
107 division may use the remaining funds for programs directed to
108 careers in the other industry. The division may use up to 10
109 percent of the funds collected under subsection (2) for its
110 costs to administer the program. The director, with the consent
111 of the advisory council, may designate funds, not to exceed
112 $250,000 annually, to support school-to-career transition
113 programs available through statewide organizations in the
114 hospitality services field. Such programs shall be designed to
115 prepare students for progressive careers in the hospitality
116 industry. The director, with the consent of the advisory
117 council, may also designate funds, not to exceed $50,000
118 annually, to support food safety training programs available
119 through statewide organizations in the hospitality services
120 field, and not to exceed $50,000 annually, to support
121 nontransient public lodging training programs available through
122 statewide organizations in the public lodging services field.
123 (6) The director shall have supervision over the
124 administration of the programs set forth in this subsection and
125 shall report the status of the programs at all meetings of the
126 advisory council and at such other times as are prescribed by
127 the advisory council.
128 (7) The division shall adopt rules providing the criteria
129 for grant approval and the procedures for processing grant
130 applications. The criteria and procedures shall be approved by
131 the advisory council. The criteria shall give primary
132 consideration to the experience and history of the applicant in
133 representing the restaurant food service or lodging industries
134 in this state industry, the applicant’s prior commitment to
135 school-to-career transition programs in the restaurant food
136 service or lodging industries industry, and the applicant’s
137 demonstrated ability to provide services statewide with industry
138 support and participation. Grants awarded under this section
139 shall be for a term of 4 years, with funding provided on an
140 annual basis.
141 (8) Revenue from administrative fines may be used to
142 support this section. This subsection expires July 1, 2008.
143 Section 2. This act shall take effect July 1, 2009.