| 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. |