Florida Senate - 2009 SENATOR AMENDMENT
Bill No. CS for CS for SB 2262
Barcode 317382
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R .
04/29/2009 04:15 PM .
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Senator Gaetz moved the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 1768 and 1769
4 insert:
5 Section 44. Section 509.302, Florida Statutes, is amended
6 to read:
7 509.302 Hospitality Education Program.—
8 (1)(a) The division shall administer an educational
9 program, designated the “Hospitality Education Program,” offered
10 for the benefit of the hospitality restaurant and lodging
11 industries of this state. As used in this section, the term
12 “hospitality industry” means the restaurant industry or the
13 lodging industry.
14 (b) The This program may affiliate with Florida State
15 University, Florida International University, and the University
16 of Central Florida. The program may also affiliate with any
17 other member of the State University System or Florida Community
18 College System, or with any privately funded college or
19 university, which offers a program of hospitality administration
20 and management.
21 (c) The purpose primary goal of the this program is to
22 provide, support, and enhance instruct and train all individuals
23 and businesses licensed under this chapter, in cooperation with
24 recognized associations that represent the licensees, in the
25 application of state and federal laws and rules. Such programs
26 shall also include:
27 (a) Management training.
28 (b) Inservice continuing education programs.
29 (c) Awareness of food-recovery programs, as promoted in s.
30 570.0725.
31 (d) Enhancement of school-to-career training and transition
32 programs for students interested in pursuing careers in a
33 hospitality the food service or lodging industry.
34 (d) The training and transition programs shall be funded
35 provided through the public school system using a nationally
36 recognized curriculum approved by the division, with the
37 enhancements funded under this section provided by grants to one
38 or more from nonprofit statewide organizations that represent a
39 in the hospitality industry of this state. The training and
40 transition programs shall be delivered through the public school
41 system using a nationally recognized curriculum approved by the
42 division. The division shall administer the services field, and
43 the application process for the grants shall be administered by
44 the division.
45 (e) Such other programs as may be deemed appropriate by the
46 director and the advisory council.
47 (2)(a) All public lodging establishments and all public
48 food service establishments licensed under this chapter shall
49 pay an annual fee of no more than $10, which shall be included
50 in the annual license fee and used for the sole purpose of
51 funding the Hospitality Education Program.
52 (b) The division shall use at least 68 percent of the funds
53 collected under paragraph (a) for programs directed to careers
54 in the restaurant industry and at least 14 percent of the funds
55 for programs directed to careers in the lodging industry. If the
56 division does not receive a sufficient number of grant
57 applications, which are submitted timely and comply with the
58 division’s requirements, to use all of the funds reserved for
59 programs directed to careers in one of the industries, the
60 division may use the remaining funds for programs directed to
61 careers in the other industry.
62 (c) The division may use up to 10 percent of the funds
63 collected under paragraph (a) for administration of the program.
64 (3) Notwithstanding any other provision of law to the
65 contrary, grant funding under this section for the services
66 described in paragraph (1)(d) shall include all expenses related
67 incident to providing the programs those services, including the
68 cost of staff support; student scholarships; compensation to
69 program instructors for time spent in relevant training; special
70 events or competitive events; and a reasonable stipend for
71 travel, lodging, and meals for instructors and students
72 participating in training or in related special events. All of
73 an applicant’s such expenses must shall be consistent in
74 accordance with the budget submitted by the applicant in the
75 grant application and approved by the division. The expenditure
76 of all funds distributed under this section is shall be subject
77 to audit by the division.
78 (4) The director shall develop formulate an annual budget,
79 programs, and activities to accomplish the purposes of this
80 section, in accordance with and subject to the advice and
81 recommendations of the advisory council.
82 (a) The annual budget of the Hospitality Education Program
83 must show that the total fees estimated to be collected during
84 the next fiscal year under this section will be dedicated solely
85 to the estimated cost of funding the Hospitality Education
86 Program, less any trust fund service charge imposed by s.
87 215.20. If the estimated cost of funding the Hospitality
88 Education Program in any fiscal year is less than the total fees
89 estimated to be collected during that year, the director shall
90 submit a report to the advisory council demonstrating why the
91 amount of the such fee should not be immediately reduced to
92 eliminate the projected surplus. The director shall also submit
93 this report to the Secretary of Business and Professional
94 Regulation as part of the division’s annual budget request.
95 (b) Both the secretary’s legislative budget requests
96 submitted under pursuant to ss. 216.023 and 216.031 and the
97 Governor’s recommended budget submitted under pursuant to s.
98 216.163 must also show that the total fees estimated to be
99 collected during the next fiscal year under this section will be
100 dedicated solely to funding the Hospitality Education Program,
101 less any trust fund service charge imposed by s. 215.20. If the
102 estimated cost of funding the Hospitality Education Program in
103 any fiscal year is less than the total fees estimated to be
104 collected during that year, the secretary shall submit a report
105 demonstrating why the amount of the such fee should not be
106 immediately reduced to eliminate the projected surplus.
107 (5) The director, with the consent of the advisory council,
108 may designate funds, not to exceed $250,000 annually, to support
109 school-to-career transition programs available through statewide
110 organizations in the hospitality services field. Such programs
111 shall be designed to prepare students for progressive careers in
112 the hospitality industry. The director, with the consent of the
113 advisory council, may also designate funds, not to exceed
114 $50,000 annually, to support food safety training programs
115 available through statewide organizations in the hospitality
116 services field, and not to exceed $50,000 annually, to support
117 nontransient public lodging training programs available through
118 statewide organizations in the public lodging services field.
119 (5)(6) The director shall supervise have supervision over
120 the administration of the programs set forth in this section
121 subsection and shall report the status of the programs at all
122 meetings of the advisory council and at such other times as are
123 prescribed by the advisory council.
124 (6)(7) The division shall adopt rules providing the
125 criteria for grant approval and the procedures for processing
126 grant applications. The criteria and procedures must shall be
127 approved by the advisory council. The criteria shall give
128 primary consideration to the experience and history of the
129 applicant in representing a hospitality the food service or
130 lodging industry in the state, the applicant’s prior commitment
131 to school-to-career transition programs in a hospitality the
132 food service or lodging industry, and the applicant’s
133 demonstrated ability to provide services statewide with industry
134 support and participation. Grants awarded under this section
135 shall be for a term of 4 years, with funding provided on an
136 annual basis.
137 (8) Revenue from administrative fines may be used to
138 support this section. This subsection expires July 1, 2008.
139
140 ================= T I T L E A M E N D M E N T ================
141 And the title is amended as follows:
142 Delete line 193
143 and insert:
144 the future review and repeal of such pilot program;
145 amending s. 509.302, F.S.; defining the term
146 “hospitality industry”; revising the purpose of the
147 program to focus on certain training and transition
148 programs; requiring a statewide nonprofit organization
149 that receives the program’s grant funding to represent
150 a hospitality industry in the state; requiring that
151 the Division of Hotels and Restaurants of the
152 Department of Business and Professional Regulation use
153 a portion of certain annual licenses fees for programs
154 directed to careers in the restaurant industry and a
155 portion of the fees for programs directed to careers
156 in the lodging industry; authorizing the division to
157 use a portion of the fees for administration of the
158 program; deleting provisions related to the allocation
159 of the funds to various programs; revising the
160 criteria for the award of grants to conform to changes
161 made by the act; removing an expired provision that
162 authorized administrative fines to be used for the
163 program;