CS/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; authorizing
14the division to use a portion of the fees for
15administration of the program; deleting provisions related
16to the allocation of the funds to various programs;
17revising the criteria for the award of grants to conform
18to changes made by the act; removing an expired provision
19that authorized administrative fines to be used for the
20program; providing an effective date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24     Section 1.  Section 509.302, Florida Statutes, is amended
25to read:
26     509.302  Hospitality Education Program.--
27     (1)(a)  The division shall administer an educational
28program, designated the "Hospitality Education Program," offered
29for the benefit of the hospitality restaurant and lodging
30industries of this state. As used in this section, the term
31"hospitality industry" means the restaurant industry or the
32lodging industry.
33     (b)  The This program may affiliate with Florida State
34University, Florida International University, and the University
35of Central Florida. The program may also affiliate with any
36other member of the State University System or Florida Community
37College System, or with any privately funded college or
38university, which offers a program of hospitality administration
39and management.
40     (c)  The purpose primary goal of the this program is to
41provide, support, and enhance instruct and train all individuals
42and businesses licensed under this chapter, in cooperation with
43recognized associations that represent the licensees, in the
44application of state and federal laws and rules. Such programs
45shall also include:
46     (a)  Management training.
47     (b)  Inservice continuing education programs.
48     (c)  Awareness of food-recovery programs, as promoted in s.
49570.0725.
50     (d)  Enhancement of school-to-career training and
51transition programs for students interested in pursuing careers
52in a hospitality the food service or lodging industry.
53     (d)  The training and transition programs shall be funded
54provided through the public school system using a nationally
55recognized curriculum approved by the division, with the
56enhancements funded under this section provided by grants to one
57or more from nonprofit statewide organizations that represent a
58in the hospitality industry of this state. The training and
59transition programs shall be delivered through the public school
60system using a nationally recognized curriculum approved by the
61division. The division shall administer the services field, and
62the application process for the grants shall be administered by
63the division.
64     (e)  Such other programs as may be deemed appropriate by
65the director and the advisory council.
66     (2)(a)  All public lodging establishments and all public
67food service establishments licensed under this chapter shall
68pay an annual fee of no more than $10, which shall be included
69in the annual license fee and used for the sole purpose of
70funding the Hospitality Education Program.
71     (b)  The division shall use at least 68 percent of the
72funds collected under paragraph (a) for programs directed to
73careers in the restaurant industry and at least 14 percent of
74the funds for programs directed to careers in the lodging
75industry. If the division does not receive a sufficient number
76of grant applications, which are submitted timely and comply
77with the division's requirements, to use all of the funds
78reserved for programs directed to careers in one of the
79industries, the division may use the remaining funds for
80programs directed to careers in the other industry.
81     (c)  The division may use up to 10 percent of the funds
82collected under paragraph (a) for administration of the program.
83     (3)  Notwithstanding any other provision of law to the
84contrary, grant funding under this section for the services
85described in paragraph (1)(d) shall include all expenses related
86incident to providing the programs those services, including the
87cost of staff support; student scholarships; compensation to
88program instructors for time spent in relevant training; special
89events or competitive events; and a reasonable stipend for
90travel, lodging, and meals for instructors and students
91participating in training or in related special events. All of
92an applicant's such expenses must shall be consistent in
93accordance with the budget submitted by the applicant in the
94grant application and approved by the division. The expenditure
95of all funds distributed under this section is shall be subject
96to audit by the division.
97     (4)  The director shall develop formulate an annual budget,
98programs, and activities to accomplish the purposes of this
99section, in accordance with and subject to the advice and
100recommendations of the advisory council.
101     (a)  The annual budget of the Hospitality Education Program
102must show that the total fees estimated to be collected during
103the next fiscal year under this section will be dedicated solely
104to the estimated cost of funding the Hospitality Education
105Program, less any trust fund service charge imposed by s.
106215.20. If the estimated cost of funding the Hospitality
107Education Program in any fiscal year is less than the total fees
108estimated to be collected during that year, the director shall
109submit a report to the advisory council demonstrating why the
110amount of the such fee should not be immediately reduced to
111eliminate the projected surplus. The director shall also submit
112this report to the Secretary of Business and Professional
113Regulation as part of the division's annual budget request.
114     (b)  Both the secretary's legislative budget requests
115submitted under pursuant to ss. 216.023 and 216.031 and the
116Governor's recommended budget submitted under pursuant to s.
117216.163 must also show that the total fees estimated to be
118collected during the next fiscal year under this section will be
119dedicated solely to funding the Hospitality Education Program,
120less any trust fund service charge imposed by s. 215.20. If the
121estimated cost of funding the Hospitality Education Program in
122any fiscal year is less than the total fees estimated to be
123collected during that year, the secretary shall submit a report
124demonstrating why the amount of the such fee should not be
125immediately reduced to eliminate the projected surplus.
126     (5)  The director, with the consent of the advisory
127council, may designate funds, not to exceed $250,000 annually,
128to support school-to-career transition programs available
129through statewide organizations in the hospitality services
130field. Such programs shall be designed to prepare students for
131progressive careers in the hospitality industry. The director,
132with the consent of the advisory council, may also designate
133funds, not to exceed $50,000 annually, to support food safety
134training programs available through statewide organizations in
135the hospitality services field, and not to exceed $50,000
136annually, to support nontransient public lodging training
137programs available through statewide organizations in the public
138lodging services field.
139     (5)(6)  The director shall supervise have supervision over
140the administration of the programs set forth in this section
141subsection and shall report the status of the programs at all
142meetings of the advisory council and at such other times as are
143prescribed by the advisory council.
144     (6)(7)  The division shall adopt rules providing the
145criteria for grant approval and the procedures for processing
146grant applications. The criteria and procedures must shall be
147approved by the advisory council. The criteria shall give
148primary consideration to the experience and history of the
149applicant in representing a hospitality the food service or
150lodging industry in the state, the applicant's prior commitment
151to school-to-career transition programs in a hospitality the
152food service or lodging industry, and the applicant's
153demonstrated ability to provide services statewide with industry
154support and participation. Grants awarded under this section
155shall be for a term of 4 years, with funding provided on an
156annual basis.
157     (8)  Revenue from administrative fines may be used to
158support this section. This subsection expires July 1, 2008.
159     Section 2.  This act shall take effect July 1, 2009.


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