The proposed rule amendment reflects changes made to Chapter 509, F.S., by 2009-195, Laws of Florida. The proposed rule updates the Hospitality Education Program grants administered by the program and the school-to-career grant specifications.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants

RULE NO.: RULE TITLE:
61C-8.004: Program Requirements
PURPOSE AND EFFECT: The proposed rule amendment reflects changes made to Chapter 509, F.S., by 2009-195, Laws of Florida. The proposed rule updates the Hospitality Education Program grants administered by the program and the school-to-career grant specifications.
SUMMARY: The proposed rule will eliminate the grant maximum amount currently adopted in the rule, adopt current forms, remove references to the program administrator, and update the review process to match current practice. The proposed rule will also reduce conflict of interest in the grant review process, remove an unnecessary contract cancellation and termination clause, and remove a restriction on increasing the grant amount with an amended contract.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the economic analysis completed by the division.
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.
RULEMAKING AUTHORITY: 509.032, 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 THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michelle Comingore, Operations Review Specialist, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-1012; Telephone: [phone], E-mail: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

61C-8.004 Program Requirements.

(1) School-to-Career Transition Program Grant Application Requirements. Pursuant to Section 509.302, F.S., the division may award four-year one school-to-career transition program grants grant of up to $250,000 annually to nonprofit statewide organizations representing the hospitality industry of this state. 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) The application cycle will begin on January 1 and end on March 1. Applications and all supplemental materials must be received by the division by the close of business on March 1 to be considered in the grant recipient selection process.

(b)(a) Grant applications shall be submitted on DBPR Form HR 5025-200, GRANT APPLICATION, (https://www.flrules.org/Gateway/reference.asp?No=Ref-00659) incorporated herein by reference and effective 2009 October 1 October 4, 2007, to the Program Administrator, Hospitality Education Program (HEP), Division of Hotels and Restaurants, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-1011 1014.

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

(c) School-to-Career Transition Programs Grant. The application cycle will begin January 1 and end on March 1. Applications must be received by the division by the close of business on March 1 to be considered in the grant recipient selection process. All applications must address applicant’s prior commitment to school-to-career transition programs in the hospitality food service or lodging industry. All applications must also and 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 in the public school system;

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. No change.

4. Provide opportunity for students to receive certification in an area of the hospitality industry. Certification means documentation that the student has successfully completed requirements in a specific area of the hospitality industry and in accordance with the goals established by the program awarded grant funds. All certifications must be completed through programs established and recognized in the State of Florida, hospitality-industry-sponsored programs, or national certification programs, such as Certified Professional Food Manager, food service employee food handler certification, or apartment manager certification;

5. through 9. No change.

(d) Other Hospitality Training Programs Grants. The application cycle will begin July 1 and end on December 31. Applications must be received by the division by the close of business on December 31 to be considered in the grant recipient selection process. All applications for grants to support food service training programs available through statewide 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.

(d)(e) All grant recipients must have a functional advisory committee to assist in the development and operation of the grant-funded program. The advisory committee must include 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. The committee members must have agreed in writing to serve in this capacity.

(e)(f) The application must be accompanied by DBPR Form HR 5025-201, PROPOSAL NARRATIVE FORMAT, (https://www.flrules.org/Gateway/reference.asp?No=Ref-00660) incorporated herein by reference and effective 2010 May 20 October 4, 2007.

(f)(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 division program administrator shall receive, process, review and determine the application completeness, and evaluate sufficiency of the grant applications.

(b) DBPR Form HR 5025-206, EVALUATION FORM, (https://www.flrules.org/Gateway/reference.asp?No=Ref-00661) incorporated herein by reference and effective 2010 May 20 October 4, 2007, shall be used by all reviewers to evaluate all school-to-career transition program programs grant applications submitted. DBPR Form HR 5025-204, EVALUATION FORM, incorporated herein by reference and effective October 4, 2007, shall be used by all reviewers to evaluate all other grant applications submitted.

(c) The division program administrator shall provide the HEP subcommittee members of the division’s Hotels and Restaurants Advisory Council (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 for School-to-Career Transition Programs grants and by January 31 of each application cycle for all other grants.

(d) The advisory council HEP subcommittee will meet to evaluate 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 509.291, F.S. Any member of the advisory council who is also an applicant or an employee or paid representative of an applicant shall abstain from the advisory council’s evaluation, recommendation, and vote regarding grant applications. The final determination of grant awards shall be made by the secretary of the department division director, with the consent of the Advisory Council. Grant recipients shall be notified by May 1 for School-to-Career Transition Programs grants and by March 1 for all other grants.

(3) Program Review and Disbursement of Funds.

(a) through (b) No change.

(c) The program administrator may recommend termination of the grant contract to the division director 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.

(c)(d) Each recipient of grant funds shall maintain accurate records of all expenditures of grant funds and shall make these records available for inspection, review or audit by the division and other authorized personnel. Records shall be kept for a period of at least 5 years following the end of the grant period. All grant funds will be subject to state audit requirements.

(d)(e) Grant funds shall be distributed quarterly, 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 or, create a substantial deviation from the original proposal, or result in a payment greater than the original contract amount.

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

(f)(g) Written status reports shall be submitted as indicated on the grant application, but not more than 60 days following the end of each quarter, using DBPR Form HR 5025-202, QUARTERLY STATUS REPORT FORM, (https://www.flrules.org/Gateway/reference.asp?No=Ref-00662) incorporated herein by reference and effective 2009 October 1 October 4, 2007. 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. 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, (https://www.flrules.org/Gateway/reference.asp?No=Ref-00663) incorporated herein by reference and effective 2009 October 1 October 4, 2007.

(5) Obtaining forms. All forms incorporated in this section are available from the Division of Hotels and Restaurants Internet website www.MyFloridaLicense.com/dbpr/hr; by e-mail to [e-mail]; by phone request to the department at [phone]; 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 32399-1011 1014.

Rulemaking Specific Authority 509.032, 509.302 FS. Law Implemented 509.302 FS. History–New 2-27-92, Amended 8-11-92, Formerly 7C-8.004, Amended 3-31-94, 9-25-96, 1-18-98, 5-7-08,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Bill L. Veach, Director, Division of Hotels and Restaurants, Department of Business and Professional Regulation
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 14, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 8, 2010