HB 717

1
A bill to be entitled
2An act relating to the Hospitality Education Program;
3amending s. 509.302, F.S.; defining the term "hospitality
4industry"; revising the purpose of the program to focus on
5certain training and transition programs; requiring a
6statewide nonprofit organization that receives the
7program's grant funding to represent a hospitality
8industry in the state; requiring the Division of Hotels
9and Restaurants of the Department of Business and
10Professional Regulation to use a portion of certain annual
11licenses fees for programs directed to careers in the
12restaurant industry and a portion of the fees for programs
13directed to careers in the lodging industry; deleting
14provisions related to the allocation of the funds to
15various programs; revising the criteria for the award of
16grants to conform to changes made by the act; removing an
17expired provision that authorized administrative fines to
18be used for the program; providing an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Section 509.302, Florida Statutes, is amended
23to read:
24     509.302  Hospitality Education Program.--
25     (1)(a)  The division shall administer an educational
26program, designated the "Hospitality Education Program," offered
27for the benefit of the hospitality restaurant and lodging
28industries of this state. As used in this section, the term
29"hospitality industry" means the restaurant industry or the
30lodging industry.
31     (b)  The This program may affiliate with Florida State
32University, Florida International University, and the University
33of Central Florida. The program may also affiliate with any
34other member of the State University System or Florida Community
35College System, or with any privately funded college or
36university, which offers a program of hospitality administration
37and management.
38     (c)  The purpose primary goal of the this program is to
39provide, support, and enhance instruct and train all individuals
40and businesses licensed under this chapter, in cooperation with
41recognized associations that represent the licensees, in the
42application of state and federal laws and rules. Such programs
43shall also include:
44     (a)  Management training.
45     (b)  Inservice continuing education programs.
46     (c)  Awareness of food-recovery programs, as promoted in s.
47570.0725.
48     (d)  Enhancement of school-to-career training and
49transition programs for students interested in pursuing careers
50in a hospitality the food service or lodging industry.
51     (d)  The training and transition programs shall be funded
52provided through the public school system using a nationally
53recognized curriculum approved by the division, with the
54enhancements funded under this section provided by grants to one
55or more from nonprofit statewide organizations that represent a
56in the hospitality industry of this state. The training and
57transition programs shall be delivered through the public school
58system using a nationally recognized curriculum approved by the
59division. The division shall administer the services field, and
60the application process for the grants shall be administered by
61the division.
62     (e)  Such other programs as may be deemed appropriate by
63the director and the advisory council.
64     (2)(a)  All public lodging establishments and all public
65food service establishments licensed under this chapter shall
66pay an annual fee of no more than $10, which shall be included
67in the annual license fee and used for the sole purpose of
68funding the Hospitality Education Program.
69     (b)  The division shall use at least 75 percent of the
70funds collected under paragraph (a) for programs directed to
71careers in the restaurant industry and at least 20 percent of
72the funds for programs directed to careers in the lodging
73industry. If the division does not receive a sufficient number
74of grant applications, which are submitted timely and comply
75with the division's requirements, to use all of the funds
76reserved for programs directed to careers in one of the
77industries, the division may use the remaining funds for
78programs directed to careers in the other industry.
79     (3)  Notwithstanding any other provision of law to the
80contrary, grant funding under this section for the services
81described in paragraph (1)(d) shall include all expenses related
82incident to providing the programs those services, including the
83cost of staff support; student scholarships; compensation to
84program instructors for time spent in relevant training; special
85events or competitive events; and a reasonable stipend for
86travel, lodging, and meals for instructors and students
87participating in training or in related special events. All of
88an applicant's such expenses must shall be consistent in
89accordance with the budget submitted by the applicant in the
90grant application and approved by the division. The expenditure
91of all funds distributed under this section is shall be subject
92to audit by the division.
93     (4)  The director shall develop formulate an annual budget,
94programs, and activities to accomplish the purposes of this
95section, in accordance with and subject to the advice and
96recommendations of the advisory council.
97     (a)  The annual budget of the Hospitality Education Program
98must show that the total fees estimated to be collected during
99the next fiscal year under this section will be dedicated solely
100to the estimated cost of funding the Hospitality Education
101Program, less any trust fund service charge imposed by s.
102215.20. If the estimated cost of funding the Hospitality
103Education Program in any fiscal year is less than the total fees
104estimated to be collected during that year, the director shall
105submit a report to the advisory council demonstrating why the
106amount of the such fee should not be immediately reduced to
107eliminate the projected surplus. The director shall also submit
108this report to the Secretary of Business and Professional
109Regulation as part of the division's annual budget request.
110     (b)  Both the secretary's legislative budget requests
111submitted under pursuant to ss. 216.023 and 216.031 and the
112Governor's recommended budget submitted under pursuant to s.
113216.163 must also show that the total fees estimated to be
114collected during the next fiscal year under this section will be
115dedicated solely to funding the Hospitality Education Program,
116less any trust fund service charge imposed by s. 215.20. If the
117estimated cost of funding the Hospitality Education Program in
118any fiscal year is less than the total fees estimated to be
119collected during that year, the secretary shall submit a report
120demonstrating why the amount of the such fee should not be
121immediately reduced to eliminate the projected surplus.
122     (5)  The director, with the consent of the advisory
123council, may designate funds, not to exceed $250,000 annually,
124to support school-to-career transition programs available
125through statewide organizations in the hospitality services
126field. Such programs shall be designed to prepare students for
127progressive careers in the hospitality industry. The director,
128with the consent of the advisory council, may also designate
129funds, not to exceed $50,000 annually, to support food safety
130training programs available through statewide organizations in
131the hospitality services field, and not to exceed $50,000
132annually, to support nontransient public lodging training
133programs available through statewide organizations in the public
134lodging services field.
135     (5)(6)  The director shall supervise have supervision over
136the administration of the programs set forth in this section
137subsection and shall report the status of the programs at all
138meetings of the advisory council and at such other times as are
139prescribed by the advisory council.
140     (6)(7)  The division shall adopt rules providing the
141criteria for grant approval and the procedures for processing
142grant applications. The criteria and procedures must shall be
143approved by the advisory council. The criteria shall give
144primary consideration to the experience and history of the
145applicant in representing a hospitality the food service or
146lodging industry in the state, the applicant's prior commitment
147to school-to-career transition programs in a hospitality the
148food service or lodging industry, and the applicant's
149demonstrated ability to provide services statewide with industry
150support and participation. Grants awarded under this section
151shall be for a term of 4 years, with funding provided on an
152annual basis.
153     (8)  Revenue from administrative fines may be used to
154support this section. This subsection expires July 1, 2008.
155     Section 2.  This act shall take effect July 1, 2009.


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