Senate Bill sb2484

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    Florida Senate - 2007                                  SB 2484

    By Senator Haridopolos





    26-874-07                                           See HB 419

  1                      A bill to be entitled

  2         An act relating to lodging and food service

  3         establishments; amending s. 509.291, F.S.;

  4         revising membership provisions of the

  5         Department of Business and Professional

  6         Regulation's Division of Hotels and

  7         Restaurants' advisory council; amending s.

  8         509.302, F.S.; revising the Hospitality

  9         Education Program; replacing the director of

10         education with the division as administrator of

11         the program; revising provisions relating to

12         the administration of the program; revising the

13         training and training-related activities funded

14         by the program; specifying how funds collected

15         under the program shall be expended; deleting

16         provisions relating to duties and

17         responsibilities of the director of education;

18         providing criteria by which grants may be

19         awarded under the program; amending s. 509.072,

20         F.S.; conforming cross-references; providing an

21         effective date.

22  

23  Be It Enacted by the Legislature of the State of Florida:

24  

25         Section 1.  Paragraphs (a) and (b) of subsection (1) of

26  section 509.291, Florida Statutes, are amended to read:

27         509.291  Advisory council.--

28         (1)  There is created a 10-member advisory council.

29         (a)  The Secretary of Business and Professional

30  Regulation shall appoint six five voting members to the

31  advisory council. Each member appointed by the secretary must

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    Florida Senate - 2007                                  SB 2484
    26-874-07                                           See HB 419




 1  be an operator of an establishment licensed under this chapter

 2  and shall represent the industries regulated by the division,

 3  except that one member appointed by the secretary must be a

 4  layperson representing and shall represent the general public

 5  and one member must be a hospitality education administrator

 6  from an institution of higher education of this state. Such

 7  members of the council shall serve staggered terms of 4 years.

 8         (b)  The Florida Hotel and Motel Association, the

 9  Florida Restaurant and Lodging Association shall designate one

10  representative from the lodging industry and one

11  representative from the food service industry to serve as

12  voting members of the council., The Florida Apartment

13  Association, and the Florida Association of Realtors shall

14  each designate one representative to serve as a voting member

15  of the council. In addition, one hospitality administration

16  educator from an institution of higher education affiliated

17  with the Hospitality Education Program pursuant to s.

18  509.302(2) shall serve for a term of 2 years as a voting

19  member of the council. This single representative shall be

20  designated on a rotating basis by the institution or

21  institutions of higher education affiliated with this program

22  pursuant to s. 509.302(2).

23         Section 2.  Section 509.302, Florida Statutes, is

24  amended to read:

25         509.302  Hospitality Education Program Director of

26  education; personnel; employment duties; compensation.--

27         (1)  The division director shall, with the advice of

28  the advisory council, employ a director of education for the

29  lodging and food service industry.

30         (2)  The director of education shall administer develop

31  and implement an educational program, designated the

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    Florida Senate - 2007                                  SB 2484
    26-874-07                                           See HB 419




 1  "Hospitality Education Program," offered for the benefit of

 2  the food service and lodging industries of this state entire

 3  industry. This program may affiliate with Florida State

 4  University, Florida International University, and the

 5  University of Central Florida. The program may also affiliate

 6  with any other member of the State University System or

 7  Florida Community College System, or with any privately funded

 8  college or university, which offers a program of hospitality

 9  administration and management. The primary goal of this

10  program shall be administered with the advice of the advisory

11  council and shall fund the following types of training and

12  training-related activities is to instruct and train all

13  individuals and businesses licensed under this chapter, in

14  cooperation with recognized associations that represent the

15  licensees, in the application of state and federal laws and

16  rules. Such programs shall also include:

17         (a)  Training provided by the division to licensees

18  under this chapter and the licensees' managers and employees

19  in the application of state and federal laws and rules to the

20  operations of the licensees and the licensees' managers and

21  employees.

22         (b)  Enhancement of school-to-career training and

23  transition programs for students interested in pursuing

24  careers in the food service or lodging industry. Training and

25  transition programs shall be provided through the public

26  school system utilizing a nationally recognized curriculum

27  approved by the division, with the enhancements funded under

28  this section provided by nonprofit statewide organizations in

29  the hospitality services field. Enhancement activities under

30  this section shall be funded by grants and the application

31  process for the grants shall be administered by the division.

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    Florida Senate - 2007                                  SB 2484
    26-874-07                                           See HB 419




 1  Such activities may include providing job experience

 2  opportunities for students; day-to-day support for program

 3  instructors; student scholarships; special events recognizing

 4  outstanding students, instructors, industry mentors, or

 5  program sponsors; program-related competitive events for

 6  students; and continuous inservice training for instructors.

 7         (a)  Career training.

 8         (b)  Management training.

 9         (c)  Inservice continuing education programs.

10         (d)  Awareness of food-recovery programs, as promoted

11  in s. 570.0725.

12         (e)  Such other programs as may be deemed appropriate

13  by the director of the division, the advisory council, and the

14  director of education.

15         (2)(3)  All public lodging establishments and all

16  public food service establishments licensed under this chapter

17  shall pay an annual fee of no more than $10, which shall be

18  included in the annual license fee and which shall be used for

19  the sole purpose of funding the Hospitality Education Program.

20  The division may expend up to 35 percent of the funds

21  collected under this subsection for the sole purpose of

22  providing the services described in paragraph (1)(a) and of

23  recouping the division's direct expenses incurred in

24  administering the Hospitality Education Program. The division

25  shall annually expend all remaining funds collected under this

26  subsection to fund grants for the services described in

27  paragraph (1)(b). All funds left unexpended in any state

28  fiscal year shall be made available in the following state

29  fiscal year to fund grants for the services described in

30  paragraph (1)(b).

31  

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    Florida Senate - 2007                                  SB 2484
    26-874-07                                           See HB 419




 1         (3)  Notwithstanding any other provision of law to the

 2  contrary, grant funding under this section for the services

 3  described in paragraph (1)(b) shall include all expenses

 4  incident to providing those services, including the cost of

 5  staff support; student scholarships; compensation to program

 6  instructors for time spent in relevant training; special

 7  events or competitive events; and a reasonable stipend for

 8  travel, lodging, and meals for instructors and students

 9  participating in training or in related special events. All

10  such expenses shall be in accordance with the budget submitted

11  by the applicant in the grant application and approved by the

12  division. The expenditure of all funds distributed under this

13  section shall be subject to audit by the division.

14         (4)  The director of education shall formulate an

15  annual budget, programs, and activities to accomplish the

16  purposes of this section, in accordance with and subject to

17  the advice and recommendations of the advisory council.

18         (a)  The annual budget of the Hospitality Education

19  Program must show that the total fees or charges estimated to

20  be collected during the next fiscal year under this section

21  will be dedicated solely to the estimated cost of funding the

22  Hospitality Education Program, less any trust fund service

23  charge imposed by s. 215.20. If the estimated cost of funding

24  the Hospitality Education Program in any fiscal year is less

25  than the total fees or charges estimated to be collected

26  during that year, the director of education shall submit a

27  report to the advisory council division director demonstrating

28  why the amount of such fee or charge should not be immediately

29  reduced to eliminate the projected surplus. The division

30  director shall also submit forward this report to the

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    Florida Senate - 2007                                  SB 2484
    26-874-07                                           See HB 419




 1  Secretary of Business and Professional Regulation as part of

 2  the division's annual budget request.

 3         (b)  Both the secretary's legislative budget requests

 4  submitted pursuant to ss. 216.023 and 216.031 and the

 5  Governor's recommended budget submitted pursuant to s. 216.163

 6  must also show that the total fees or charges estimated to be

 7  collected during the next fiscal year under this section will

 8  be dedicated solely to funding the Hospitality Education

 9  Program, less any trust fund service charge imposed by s.

10  215.20. If the estimated cost of funding the Hospitality

11  Education Program in any fiscal year is less than the total

12  fees or charges estimated to be collected during that year,

13  the secretary shall submit a report demonstrating why the

14  amount of such fee or charge should not be immediately reduced

15  to eliminate the projected surplus.

16         (5)  The director of education, with the approval of

17  the director and with the advice of the advisory council, may

18  employ such personnel as necessary to carry out the purposes

19  of this section.

20         (6)  The director of education and any staff shall

21  receive such compensation as may be approved by the director

22  acting with the advice of the advisory council.

23         (7)  The director of education, with the approval of

24  the director and with the consent of the advisory council, may

25  designate funds, not to exceed $150,000 annually, to support

26  school-to-career transition programs available through

27  statewide organizations in the hospitality services field.

28  Such programs shall be designed to prepare students for

29  progressive careers in the hospitality industry. The director

30  of education, with the approval of the director and with the

31  consent of the advisory council, may also designate funds, not

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    Florida Senate - 2007                                  SB 2484
    26-874-07                                           See HB 419




 1  to exceed $50,000 annually, to support food safety training

 2  programs available through statewide organizations in the

 3  hospitality services field, and not to exceed $50,000

 4  annually, to support nontransient public lodging training

 5  programs available through statewide organizations in the

 6  public lodging services field.

 7         (5)(a)  The director of education shall have

 8  supervision over the administration of the programs set forth

 9  in this subsection and shall report the status of the programs

10  at all meetings of the advisory council and at such other

11  times as are prescribed by the advisory council.

12         (6)(b)  The division shall adopt rules providing the

13  criteria for grant program approval and the procedures for

14  processing grant program applications. The criteria and

15  procedures shall be approved by the advisory council. The

16  criteria shall give primary consideration to the experience

17  and history of the applicant in representing the food service

18  or lodging industry, the applicant's prior commitment to

19  school-to-career transition programs in the food service or

20  lodging industry, and the applicant's demonstrated ability to

21  provide services statewide with industry support and

22  participation. Grants awarded under this section shall be for

23  a term of 4 years, with funding provided on an annual basis.

24         Section 3.  Subsection (2) of section 509.072, Florida

25  Statutes, is amended to read:

26         509.072  Hotel and Restaurant Trust Fund; collection

27  and disposition of moneys received.--

28         (2)  Fees collected under s. 509.302(2)(3) and

29  deposited into the trust fund must be used solely for the

30  purpose of funding the Hospitality Education Program, except

31  for any trust fund service charge imposed by s. 215.20, and

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    Florida Senate - 2007                                  SB 2484
    26-874-07                                           See HB 419




 1  may not be used to pay for any expense of the division not

 2  directly attributable to the Hospitality Education Program.

 3  These funds may not be deposited or transferred into any other

 4  trust fund administered by the Department of Business and

 5  Professional Regulation or any of its divisions. For audit

 6  purposes, fees collected under s. 509.302(2)(3) and all

 7  charges against those fees must be maintained by the

 8  department as a separate ledger.

 9         Section 4.  This act shall take effect July 1, 2007.

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