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