The proposed rule amendments implement changes to the Hospitality Education Program grants as specified in Chapter 2007-237, Laws of Florida. The proposed rule amendments also re-adopt the grant-related forms and reflect improved readability under ...  


  • RULE NO: RULE TITLE
    61C-8.004: Program Requirements
    PURPOSE AND EFFECT: The proposed rule amendments implement changes to the Hospitality Education Program grants as specified in Chapter 2007-237, Laws of Florida. The proposed rule amendments also re-adopt the grant-related forms and reflect improved readability under the plain language initiative.
    SUMMARY: The proposed rule amendments address the process for Hospitality Education Program grant application, review, approval, payment disbursement, and reporting processes and requirements.
    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
    Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
    SPECIFIC AUTHORITY: 509.302 FS.
    LAW IMPLEMENTED: 509.302 FS.
    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michelle Comingore, Operations Review Specialist, Division of Hotels and Restaurant, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-1012, Telephone: (850)488-1133

    THE FULL TEXT OF THE PROPOSED RULE IS:

    61C-8.004 Program Requirements.

    (1) Grant Application Requirements.

    Pursuant to Section 509.302, F.S., the division may award one school-to-career transition programs grant of up to $250,000 annually for a period of four years; one food safety training programs grant of up to $50,000 annually for a period of four years; and one nontransient public lodging training programs grant of up to $50,000 annually for a period of four years.

    (a) Grant applications shall be submitted on DBPR Form HR 5025-200, GRANT APPLICATION TO SUPPORT HOSPITALITY TRAINING PROGRAMS, incorporated herein by reference and effective______1-18-98, to the Program Administrator Director of Education, Hospitality Education Program (HEP), Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-1014. Applications are available upon written request to the Director of Education as cited above.

    (b) All grant applications must address the applicant’s experience and history in representing the food service or lodging industry and demonstrated ability to provide services statewide with industry support and participation.

    (c)(b) School-to-Career Transition Programs Grant. The application cycle will begin no earlier than January 1 and end on March 1. Applications In order for an application to be considered for the July 1 through June 30 fiscal year, an application must be received by the division Director of Education by the close of business on March 1 to be considered in the grant recipient selection process of the prior fiscal year. All applications must address applicant’s prior commitment to school-to-career transition programs in the food service or lodging industry. and All applications must also address and identify how the recipient intends to demonstrate compliance with the following criteria:

    1. Provide hospitality education opportunities for middle or high school (or equivalent) students;.

    2. Provide school-to-career transition opportunities to prepare students to be recruited, trained or employed for a career in the hospitality industry. Hospitality industry means any public lodging or public food service establishment as described in Chapter 509, Part I, F.S.;

    3. Provide education about progressive career options describing opportunities for professional advancement in the hospitality industry;.

    4. Provide opportunity for students grant beneficiaries to receive certification in an area of in the hospitality industry. Certification means the documentation that the student grant beneficiary has successfully completed achieved or accomplished requirements in a specific area of the hospitality industry and in accordance with the goals established by in the program which has been awarded grant funds. All certifications This certification must be completed through programs an established and recognized program in the State of Florida, hospitality-industry-sponsored programs, or national certification programs program, such as Certified Professional Food Manager or, apartment manager managers’ certification;, or a Certificate of Achievement from the Hospitality Education Program.

    5. Provide a description of the objectives of the grant and the methodology to assess the achievement of certification objectives;.

    6. Provide an emphasis on spending grant funds on direct student services;.

    7. Provide or possess the The capability to provide value beyond the grant term; and be expanded to other areas within the state.

    8. Identify potential methods, and sources for acquiring independent funding beyond the grant term to finance the continued operation of the program and expansion to other areas within the state, provided the program is designed to be continued; and or expanded, or both.

    9. Provide the program services for the full four-year grant term.

    (d)(c) Other Hospitality Training Programs Grants. The application cycle will begin July 1 and end on December 31. Applications In order for an application to be considered for the July 1 through June 30 fiscal year, an application must be received by the division Director of Education by the close of business on December 31 to be considered in the grant recipient selection process of the current fiscal year. All applications for grants to support food service training programs available through statewide organizations organizations in the hospitality service field must address and identify how the recipient intends to demonstrate compliance with the following criteria:

    1. Provide food safety training programs through statewide organizations to food service employees other than Certified Professional Food Service Managers;.

    2. Develop training programs based on the food safety protection standards set forth in Chapters 61C-1 and 61C-4, F.A.C., to train food service employees on the proper procedures for receiving, storing, preparing, handling and serving food at public food service establishments;.

    3. Provide additional training topics which will include but not be limited to: personal hygiene, illness reporting, proper dishwashing, sanitation, safety and maintenance procedures; and.

    4. Provide the program services for the full four-year grant term.

    (e)(d) All grant recipients programs must have a functional advisory committee to assist in the development and operation of the grant-funded program. The advisory committee must include including three or more hospitality industry professionals related to the sector of industry addressed by the training program, of which at least one shall not be employed by the grant recipient or any of its affiliates, to assist in the development and operation of a program funded by a grant. The committee members must shall have agreed in writing to serve in this capacity.

    (f)(e) The application must be accompanied by DBPR Form HR 5025-201, PROPOSAL NARRATIVE FORMAT, incorporated herein by reference and effective______1-18-98. Copies of this form may be obtained from the Hospitality Education Program at the address provided in paragraph 61C-8.004(1)(a), F.A.C.

    (f) Applicants demonstrating hospitality training programs that result in a statewide impact on the hospitality industry through various forms of media or other means of communication shall also be considered and not required to indicate a specific grant beneficiary.

    (g) All materials developed through the grant recipient’s program become the property of the Hospitality Education Program.

    (2) Review and Processing of Grant Applications.

    (a) The program administrator review and processing of grant applications shall be accomplished by the director of education who shall receive, process, review and determine the sufficiency of the grant applications application.

    (b) DBPR Form HR 5025-206, EVALUATION FORM, incorporated herein by reference and effective_________, shall be used by all reviewers to evaluate all school-to-career transition programs grant applications submitted. DBPR Form HR 5025-204, EVALUATION FORM FOR HOSPITALITY TRAINING PROGRAM GRANT APPLICATIONS, incorporated herein by reference and effective_________ 1-18-98, shall be used by all reviewers to evaluate all other the grant applications submitted. Copies of this form may be obtained from the Hospitality Education Program at the address provided in paragraph 61C-8.004(1)(a), F.A.C.

    (c) The program administrator director of education shall provide the HEP subcommittee members of the division's Advisory Council a copy of each grant application received and a list of prioritized programs with recommended funding levels by March 31 of each application cycle fiscal year for School-to-Career Transition Programs grants and by January 31 of each application cycle fiscal year for all other grants.

    (d) The HEP subcommittee will meet to approve the applications and forward its recommendations to the Director of the Division of Hotels and Restaurants (division director) and the Advisory Council described in section Section 509.291, F.S. The final determination of grant awards shall be made by the division director of education, with the approval of the division director and consent of the Advisory Council. Grant Notification to recipients shall be notified given by May 1 for School-to-Career Transition Programs grants and by March February 1 of each fiscal year for all other grants.

    (3) Program Review and Disbursement of Funds.

    (a) The applicant shall ensure that the terms of the grant contract executed under this chapter are enforced.

    (b) The division director of education reserves the right to review programs for grant contract compliance at any time during the grant period. This review shall focus on the completion of stated tasks within the approved timetable, fulfillment of stated goals and objectives, and proper expenditure of grant monies.

    (c) The program administrator may director of education also reserves the right to recommend termination of the grant contract to the division director of the Division of Hotels and Restaurants the termination of the grant contract at any time during the grant period for failure to meet all program objectives or comply with the terms of the grant contract or any established rules or statutory requirements. In the event the grant contract is terminated, the grant application process shall restart according to the schedule set out in this rule.

    (d) Each recipient of grant funds shall maintain accurate records of all expenditures of grant funds and shall make assure that these records are available for inspection, review or audit by the division Hospitality Education Program staff and other authorized personnel authorized by the director of the Division of Hotels and Restaurants. Records shall be kept for a period of at least 5 3 years following the end of the grant period. All grant funds will be subject to any and all state audit requirements.

    (e) Grant funds shall be distributed on a quarterly, basis consistent with the terms of the grant proposal and contract. An amendment to the grant shall be approved, so long as such amendment does not change the scope of the grant, create a substantial deviation from the original proposal, or result in a payment greater than the original contract amount.

    (f) All aspects of the grant-funded program grants funded shall comply with chapter Chapter 509, part Part I, F.S., and the rules adopted promulgated thereunder.

    (g) Written status reports shall be submitted as indicated on in the grant application, narrative but not more less than 60 30 days following the end of each quarter, using DBPR Form HR 5025-202, QUARTERLY STATUS REPORT FORM FOR HOSPITALITY TRAINING PROGRAMS, incorporated herein by reference and effective________1-18-98. Copies of this form may be obtained from the Hospitality Education Program at the address provided in paragraph 61C-8.004(1)(a), F.A.C. Quarterly requests for payment shall be submitted with the status reports. Such requests shall contain an invoice requesting payment and a detailed accounting of quarterly expenditures for the quarter. Payment requests for expenditures accrued during the first quarter of the grant period shall include only those expenditures accrued on or after July 1 or the date of grant contract execution, whichever is later. All other payment requests shall contain only those expenditures accrued during the previous quarter.

    (4) Annual Program Reports. An annual report shall be submitted within 60 days following the end of each state fiscal year and the grant period using DBPR Form HR 5025-203, ANNUAL PROGRAM REPORT FORM FOR HOSPITALITY TRAINING PROGRAMS GRANTS, incorporated herein by reference and effective______1-18-98, and which is available upon written request from the director of education shall be used to submit an annual report within 30 days following the end of the grant period. Copies of this form may be obtained from the Hospitality Education Program at the address provided in paragraph 61C-8.004(1)(a), F.A.C.

    (5) Obtaining forms. All forms incorporated in this section are available from the Division of Hotels and Restaurants Internet website; by e-mail or phone request to the department; or upon written request to the Hospitality Education Program, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-1014.

    Specific Authority 509.302(7)(b) FS. Law Implemented 509.302(7) FS. History–New 2-27-92, Amended 8-11-92, Formerly 7C-8.004, Amended 3-31-94, 9-25-96, 1-18-98,________.


    NAME OF PERSON ORIGINATING PROPOSED RULE: Bill L. Veach, Director, Division of Hotels and Restaurants, Department of Business and Professional Regulation
    NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Holly Benson, Secretary, Department of Business and Professional Regulation
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 24, 2007
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 27, 2007

Document Information

Comments Open:
1/4/2008
Summary:
The proposed rule amendments address the process for Hospitality Education Program grant application, review, approval, payment disbursement, and reporting processes and requirements.
Purpose:
The proposed rule amendments implement changes to the Hospitality Education Program grants as specified in Chapter 2007-237, Laws of Florida. The proposed rule amendments also re-adopt the grant-related forms and reflect improved readability under the plain language initiative.
Rulemaking Authority:
509.302 FS.
Law:
509.302 FS.
Contact:
Michelle Comingore, Operations Review Specialist, Division of Hotels and Restaurant, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-1012, Telephone: (850)488-1133
Related Rules: (1)
61C-8.004. Program Requirements