Senate Bill sb2484e1

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    CS for SB 2484                           First Engrossed (ntc)



  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; deleting certain provisions

15         relating to duties and responsibilities of the

16         director of education; providing criteria by

17         which grants may be awarded under the program;

18         amending s. 509.072, F.S.; conforming

19         cross-references; amending s. 509.261, F.S.;

20         providing for the use of administrative fines;

21         providing an 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 seven five voting members to the

31  advisory council. Each member appointed by the secretary must


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    CS for SB 2484                           First Engrossed (ntc)



 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 to serve as a voting member of the council.,

11  The Florida Apartment Association, and the Florida Association

12  of Realtors shall each designate one representative to serve

13  as a voting member of the council. In addition, one

14  hospitality administration educator from an institution of

15  higher education affiliated with the Hospitality Education

16  Program pursuant to s. 509.302(2) shall serve for a term of 2

17  years as a voting member of the council. This single

18  representative shall be designated on a rotating basis by the

19  institution or institutions of higher education affiliated

20  with this program pursuant to s. 509.302(2).

21         Section 2.  Section 509.302, Florida Statutes, is

22  amended to read:

23         509.302  Hospitality Education Program Director of

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

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

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

27  lodging and food service industry.

28         (2)  The director of education shall administer develop

29  and implement an educational program, designated the

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

31  the restaurant and lodging industries of this state entire


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    CS for SB 2484                           First Engrossed (ntc)



 1  industry. This program may affiliate with Florida State

 2  University, Florida International University, and the

 3  University of Central Florida. The program may also affiliate

 4  with any other member of the State University System or

 5  Florida Community College System, or with any privately funded

 6  college or university, which offers a program of hospitality

 7  administration and management. The primary goal of this

 8  program is to instruct and train all individuals and

 9  businesses licensed under this chapter, in cooperation with

10  recognized associations that represent the licensees, in the

11  application of state and federal laws and rules. Such programs

12  shall also include:

13         (a)  Career training.

14         (b)  Management training.

15         (b)(c)  Inservice continuing education programs.

16         (c)(d)  Awareness of food-recovery programs, as

17  promoted in s. 570.0725.

18         (d)  Enhancement of school-to-career training and

19  transition programs for students interested in pursuing

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

21  transition programs shall be provided through the public

22  school system using a nationally recognized curriculum

23  approved by the division, with the enhancements funded under

24  this section provided by grants from nonprofit statewide

25  organizations in the hospitality services field, and the

26  application process for the grants shall be administered by

27  the division.

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

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

30  the director of education.

31  


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    CS for SB 2484                           First Engrossed (ntc)



 1         (2)(3)  All public lodging establishments and all

 2  public food service establishments licensed under this chapter

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

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

 5  the sole purpose of funding the Hospitality Education Program.

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

 7  contrary, grant funding under this section for the services

 8  described in paragraph (1)(d) shall include all expenses

 9  incident to providing those services, including the cost of

10  staff support; student scholarships; compensation to program

11  instructors for time spent in relevant training; special

12  events or competitive events; and a reasonable stipend for

13  travel, lodging, and meals for instructors and students

14  participating in training or in related special events. All

15  such expenses shall be in accordance with the budget submitted

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

17  division. The expenditure of all funds distributed under this

18  section shall be subject to audit by the division.

19         (4)  The director of education shall formulate an

20  annual budget, programs, and activities to accomplish the

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

22  the advice and recommendations of the advisory council.

23         (a)  The annual budget of the Hospitality Education

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

25  be collected during the next fiscal year under this section

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

27  Hospitality Education Program, less any trust fund service

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

29  the Hospitality Education Program in any fiscal year is less

30  than the total fees or charges estimated to be collected

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


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    CS for SB 2484                           First Engrossed (ntc)



 1  report to the advisory council division director demonstrating

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

 3  reduced to eliminate the projected surplus. The division

 4  director shall also submit forward this report to the

 5  Secretary of Business and Professional Regulation as part of

 6  the division's annual budget request.

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

 8  submitted pursuant to ss. 216.023 and 216.031 and the

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

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

11  collected during the next fiscal year under this section will

12  be dedicated solely to funding the Hospitality Education

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

14  215.20. If the estimated cost of funding the Hospitality

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

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

17  the secretary shall submit a report demonstrating why the

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

19  to eliminate the projected surplus.

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

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

22  employ such personnel as necessary to carry out the purposes

23  of this section.

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

25  receive such compensation as may be approved by the director

26  acting with the advice of the advisory council.

27         (5)(7)  The director of education, with the approval of

28  The director, and with the consent of the advisory council,

29  may designate funds, not to exceed $250,000 $150,000 annually,

30  to support school-to-career transition programs available

31  through statewide organizations in the hospitality services


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    CS for SB 2484                           First Engrossed (ntc)



 1  field. Such programs shall be designed to prepare students for

 2  progressive careers in the hospitality industry. The director

 3  of education, with the approval of The director, and with the

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

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

 6  programs available through statewide organizations in the

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

 8  annually, to support nontransient public lodging training

 9  programs available through statewide organizations in the

10  public lodging services field.

11         (6)(a)  The director of education shall have

12  supervision over the administration of the programs set forth

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

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

15  times as are prescribed by the advisory council.

16         (7)(b)  The division shall adopt rules providing the

17  criteria for grant program approval and the procedures for

18  processing grant program applications. The criteria and

19  procedures shall be approved by the advisory council. The

20  criteria shall give primary consideration to the experience

21  and history of the applicant in representing the food service

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

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

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

25  provide services statewide with industry support and

26  participation. Grants awarded under this section shall be for

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

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

29  Statutes, is amended to read:

30         509.072  Hotel and Restaurant Trust Fund; collection

31  and disposition of moneys received.--


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    CS for SB 2484                           First Engrossed (ntc)



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

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

 3  purpose of funding the Hospitality Education Program, except

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

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

 6  directly attributable to the Hospitality Education Program.

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

 8  trust fund administered by the Department of Business and

 9  Professional Regulation or any of its divisions. For audit

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

11  charges against those fees must be maintained by the

12  department as a separate ledger.

13         Section 4.  Subsection (4) of section 509.261, Florida

14  Statutes, is amended to read:

15         509.261  Revocation or suspension of licenses; fines;

16  procedure.--

17         (4)  All funds received by the division as satisfaction

18  for administrative fines shall be paid into the State Treasury

19  to the credit of the Hotel and Restaurant Trust Fund and may

20  not subsequently be used for payment to any entity performing

21  required inspections under contract with the division.

22  Administrative fines may be used to support division programs

23  pursuant to s. 509.302(1).

24         Section 5.  This act shall take effect July 1, 2007.

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