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.