2021 BE V ER AGE ISSUE
COCKTAILS IN THE POODLE LOUNGE Frank Sinatra enjoying a cocktail in The Poodle Lounge with Bernice and Ben Novack, the original owners of Fontainebleau Miami Beach Photograph from the estate of Bernice and Ben Novack
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2021 Legislative Report New laws that affect you
SUMMER 2021 | FRLA.ORG
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contents S U M M E R 2 0 2 1 | F R L A .O R G
DEPARTMENTS
06 Leadership Reports Letters from the CEO and Chairman 08 Path to Power Paul Avery 10 Heartland Using Tech to Prepare for the Future 20 GasSouth The Future is Bright 23 Fiberbuilt Tips from an Old Professional 24 Palm Beaches Television Dave Anderson 37 FPL Choosing a Natural Gas Supplier 48 Hospitality Happenings Check Out What Is Going on Around the State 49 Summer Board Meeting Recap 50 A La Carte CORE; MPLC; Island Oasis; and GreatFloridaJob.com 51 Movers & Shakers / In Passing 53 Educational Foundation ProStart and Hospitality Tourism Management Program
THE BEVERAGE ISSUE
26 Beverage Intro | Cocktail Recipe Henry’s Palm Beach Offers Up Some Refreshment 30 Coca-Cola Coke Products Now Available in 100% Recycled Plastic 32 Yuengling Brewery Oldest Brewery Revitalizing Tampa Campus 34 D.U.O. XeroStraw Removing the Straw Waste 35 Alcohol-To-Go New Feature Changes the Bottom Line
SPECIAL FEATURES
14 Legislative Report What Passed in 2021 16 Dr. Melissa Hughes Utilizing Bluespace For Peace of Mind 18 2021 Marketing & Operations Summit Tickets On Sale Now 38 Field Day Learn How to Reconnect Locally 40 Business Matters Commission Plan Can Replace Tipping 42 Web Access Federal Appeals Court Addresses Accessibility 43 Workforce Handling Visas and International Workers 45 Workforce Improve Employee Retention 46 COVID-19 Liability Now Law, What Does It Mean? 47 Emergency Management Geoff Luebkemann Q&A For up-to-date FRLA event information, please be sure to check FRLA.org. A sincere thanks to Fontainebleau Miami Beach for the cover image. FRL A .org
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John Horne
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Carlos Gazitua
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Florida Restaurant & Lodging Magazine is the official publication of the Florida Restaurant & Lodging Association, Inc. (FRLA). FRLA reserves the right to accept, modify or reject any and all content submitted for publication, whether paid or otherwise, solely at its discretion. Unless otherwise expressly indicated, FRLA does not endorse or warrant any products or services contained herein. In addition, unless otherwise expressly noted, the opinions expressed herein are those of the authors and not necessarily those of FRLA, its directors, officers, members or staff. Content submissions may be made to the Publisher’s Office by regular mail or by email. Please note that submitted materials will not be returned. FRLA Headquarters 230 S. Adams St. Tallahassee, FL 32301 850/224-2250 Fax: 850/224-9213
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LEADERSHIP REPORTS
Message from Carol Dover Florida’s 2021 legislative session was a huge success for Florida’s hospitality industry. We scored a big win with COVID-19 liability protections for businesses following safe protocols, alcohol-togo was passed and signed into law to permanently allow for this critical lifeline for restaurants, and we helped secure important funding for VISIT FLORIDA. We also worked hard to protect our tourist development and convention development tax revenues, and approved uses were not expanded for flood mitigation usage. Throughout session, we collaborated with our members, legislative leadership and the Governor’s office to ensure your collective voices were heard and represented. I’m so proud of all that we achieved this year to protect our industry and help us in our continued recovery from the COVID-19 pandemic. Alcohol-to-go and COVID liability protections were like a light at the end of the very dark tunnel that was 2020. Florida, like many other states, has very restrictive alcohol laws and regulations, and the Governor’s relaxing of those regulations to allow for alcohol delivery and takeout during the pandemic has been a critical revenue stream for many establishments. It was the difference between staying alive or closing permanently. We look forward to continuing to provide guidance and
best practices for alcohol-to-go as we move forward to brighter days for our industry. In addition, during regular Session and Special Session, we advocated for the historic new gaming compact between our state and the Seminole Tribe of Florida. The Legislature did approve the compact, and it was signed by the Governor. It is a win-win-win for the Tribe, our great state and our industry as thousands of hospitality jobs will be created. Workforce is also top of mind. The labor shortage we are experiencing in Florida is unprecedented, and FRLA is striving to provide solutions to assist in recruitment and retention for our hospitality jobs. One thing we have put together for the industry is GreatFloridaJob.com, an easy to use website for job seekers and employers. Be sure to visit the site to post your jobs. As summer begins, it is important to remain vigilant with emergency preparedness. Obviously, Florida is no stranger to disaster events, so it’s important not to take hurricane readiness for granted. Make sure you and your business stay informed and have a plan throughout hurricane season. FRLA actively participates on Florida’s State Emergency Response Team (SERT) during emergency events as members of the Emergency Support Function 18, whose function is to coordinate local, state and federal
agency actions that will provide immediate and short-term assistance for the needs of business, industry and economic stabilization. Follow our hurricane resources page here and stay up to date. We hope that you continue to have a safe and successful season for your business as we continue to rebuild our great industry!
Carol B. Dover Carol B. Dover FRLA President & CEO
Message from the Chairman Great things are happening in Florida! We send thanks to everyone for their support and commitment through the toughest year our industry has ever seen. Good things have happened in the legislature this year: alcohol-to-go is a permanent part of the law now, VISIT FLORIDA is funded at $75 million and COVID-19 liability protection has become law. Now, 2021 is moving our state in a positive direction, but we all could use a little help. We are all looking for ways to remind people what great careers can be found in hospitality. The FRLA is leading the charge to help us all find staff; look to your local ProStart programs for new team members. Another way is to reach out through digital means. Check out our 6 SUMMER
2021
brand-new website GreatFloridaJob.com to post your employment needs. Always ready to partner with great causes, the FRLA has joined forces with the Blue Angels Foundation. In fact, it is a great way to interact with the best flying team in the world and help our wounded warriors. Text FRLA to 91999 to get more information. I joined! It is my great pleasure to serve our great industry this year. Let’s kick it and keep showing America and the world why they want to visit us!
Jim Shirley
Jim Shirley 2021 Chairman of the Board FLORIDA RESTAUR ANT & LOD GING A S SO CIATION
INDIVIDUAL & FAMILY HEALTH INSURANCE
Your part-time and full-time team members can now access affordable personal health insurance. The Federal Government has extended the enrollment window for full-time and part-time individuals to obtain health insurance, providing greater access to lower premiums and financial assistance. Affordable Care Act/Exchange plans cover pre-existing conditions along with a list of essential health benefits. Through this program, your employees can: • Speak directly to licensed agents and receive quotes from multiple insurance companies. • Access any qualifying federal subsidies as part of the enrollment process. • Immediately enroll in medical, dental, vision, life, disability and Medicare coverage programs.
Individual & family plans require no employer participation or contributions. Please pass this opportunity on to your uninsured team members so they can participate by contacting (855) 626-9557 or https://www.hospitality-health.com/FRLA
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PAT H T O P O W E R
Path to Power:
Paul Avery P
aul Avery is the current CEO and President of World of Beer Bar & Kitchen. Paul has led the concept from a craft beer bar in 2013, to a highly successful concept with broad offerings, appeal and strong unit economics. He is also the CEO & President of Mandola’s Italian Kitchen. Along with Damian Mandola, the co-founder of Carrabba’s Italian Grill, the Mandola’s Fast Casual concept has proven to be an exceptionally well-positioned concept with considerable growth potential. Prior to joining the World of Beer team, Paul was with OSI Restaurant Partners (now Bloomin’ Brands Inc.) for 22 years. He helped grow the small restaurant group to a multi-billion dollar brand. Paul developed his career with OSI from a local single unit Managing Partner to Chief Operating Officer of OSI Restaurant Partners Inc., serving as President of Outback Steakhouse during their explosive growth years. As COO, he oversaw the operations and growth of Outback Steakhouse (domestic and international), Carrabba’s Italian Grill, Bonefish Grill, Lee Roy Selmon’s, Cheeseburger in Paradise, and the A La Carte Event Pavilion. During Paul’s tenure, the organization grew into a global enterprise of over 1,500 locations, with systemwide revenues in excess of $4.5 billion and an employment base in excess of 100,000. He also served on the OSI Board of Directors. Paul has had an active career supporting numerous industry associations and serving as a Board Director on many for-profit and nonprofit entities. Currently he serves on the Board of Directors for Suntrust Bank-Tampa Bay, the American Beverage Institute, Employment Policies Institute, is Chairman of the Friedreich’s Ataxia Research Alliance (FARA), and is a trustee for Paul Smith’s College, New York. Paul has an associate degree in hotel and restaurant management from Middlesex County College and a bachelor’s degree from Kean University, New Jersey. Paul lives in Tampa, Florida, with his family. He is an avid outdoorsman who enjoys the pursuit of excellence.
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Q: How did you get started in the hospitality industry? A: I started my restaurant career when I was 15 years old as a busboy in a New Jersey Diner. After High School, I studied hotel and restaurant management at Middlesex County College in New Jersey and then got a B.S. in management science. Shortly after graduating, I relocated to Florida, joined Steak & Ale as a Manager Trainee in ’82 and worked my way to being the youngest area supervisor at that point. After seven great years of experience and exposure to great leadership, I resigned to pursue another opportunity with a more progressive group and decided to join the Outback team in 1989, when there were only three locations. I was President at Outback for many of the formative/growth years and then went on to be the Chief Operating Officer of the OSI organization with a portfolio of 1,500 restaurants, covering 23 countries and a $4.5 billion annual revenue stream. FLORIDA RESTAUR ANT & LOD GING A S SO CIATION
PAT H T O P O W E R
Q: Early in your career, what was the most valuable lesson you learned? A: There were two strong lessons I learned early on. I realized that not everyone shared the work ethic that I had, and that this trait would be a differentiator for me in my career, as I was willing and capable of working harder than most others around me. Secondly, it was evident that this was a “people” industry and that my skills in interacting with others would be a critical one in my career growth. Q: Do you have any mentors who were instrumental in helping you achieve your goals? A: I’ve had many mentors in my career, most of them influencing me in a very positive way while some others showcased a style that I did not want to emulate. Ralph Silva was my first mentor, a retired Army staff sergeant with significant food service experience in the military. He kicked my butt every day in my teenage years and held me to a high level of detail and standard of “always give your best effort and do things right.” Following Ralph over the years, I’ve been exposed to many incredible leaders in Steak & Ale and Outback who have influenced my thinking, actions and career. Powerful takeaways for me being positive interaction with others, how to balance work, family and personal time, the vast importance of integrity, the appeal of a value-based culture, and the courage exemplified by my mentors to take calculated risks and keep pressing beyond their comfort zone. Q: Can you describe your concept – World of Beer? A: WOB is an amazing concept that has gone through a massive transition in the past seven years. Starting with an exclusive craft beer platform, we’ve evolved the business model to one with broad appeal for our culinary offerings, spirit program and experiential elements. It’s a sophisticated concept that leads with craft beer and has a strong value proposition with culinary and beverage offerings that exceed customer expectations, and I believe, are best-in-class FRL A .org
within our competitive set. All of this is within a fun, casual, spirited environment and provided by our valued WOB Stars who represent our business so well. Our people make the difference in our business and rally around our cultural emphasis, our “WOB Way,” and know that there’s truth in what we stand for and how we want to present the business to our customers.
Q: What do you attribute the growth of the brand to during the pandemic? A: We experienced a contraction of units during the pandemic of about 15%. Similar to others in the industry, the vulnerable operations prior to COVID were the ones that primarily did not make it on the backside. Additionally, many of our locations operated in states with significant seating restrictions and operating limitations. We’re so thankful to be experiencing a super strong rebound postpandemic and attribute this to the stability of our strong leadership team, managing partners, franchisees, concept positioning, and the quality of operations our team has exemplified prior to the pandemic. Q: Can you explain to readers the measures you took during the pandemic to secure the company? A: I’m so proud of our entire team, for the sacrifices made during the past year and the leadership provided. We took swift and decisive action. First, we furloughed 92% of our team to allow them to access government assistance as soon as possible. We took proactive measures in contacting our lenders, supply partners and landlords to discuss the situation and how to navigate moving forward. We were so fortunate to have all of our major stakeholders look at WOB as a desirable partner and tenant and made significant concessions to bridge us through it all. With a commitment to upholding our standards, we identified cost efficiencies on every front and managed towards a more favorable financial model, which we’re benefitting from during the rebound today. During the pandemic, to the extent we could, we fed the families of
our staff and management and provided bonus payments to our management to help them get through. Our team did an exemplary job of communicating throughout the entire pandemic period, to our internal and external stakeholders. As a result, we have an elevated relationship with our franchise community, certainly an outcome of our collaborative efforts to manage through this dark period. My personal mission was to assure the company remained solvent and our people were protected and to provide whatever effort was needed to assure this outcome.
Q: What is the greatest single factor in the success of your career? A: It’s a hard task to nail it down to one contributing factor, but I think people that I’ve worked with over the years would say that I’ve always set a high example of work ethic, exemplified the standards that I preach, and led with integrity, honesty and humility. Q: Is there anything that you would like to share with Florida’s hospitality industry? A: Absolutely! Most importantly, I want
to praise the efforts of Carol Dover, Dan Murphy, and the entire FRLA team. They worked tirelessly throughout the COVID pandemic to represent and protect our industry. We are in a most favorable place today in the state of Florida, due primarily to the efforts of the FRLA and the collaborative manner in which they interacted with Gov. DeSantis. Our Governor deserves so much gratitude for listening to our industry leaders, understanding the implications that COVID had on our people and business and managing toward the safe and positive outcome our industry enjoys today in Florida. It is essential that every restaurant and lodging business in Florida support and fuel the FRLA with an active membership. With the massive influx of people moving to Florida, we have a huge opportunity. There will continue to be unforeseen challenges that we need to address, along with unique opportunities our industry can capitalize upon in the years ahead. Our support of the FRLA will be essential if we want to optimize it all. FLORIDA RESTAUR ANT & LOD GING
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HEARTLAND
How Tech Helps Restaurants Prep for the Future
W
hen the restaurant, Daniel, shut down due to COVID-19, chef Daniel Boulud quickly developed creative weekly menus, powered by an online delivery and carryout platform. His pivot shows how some restaurateurs have faced new circumstances with remarkable resilience and innovation. “In response to the changed environment, the first thing restaurants are doing is purchasing a digital point of sale,” says Andre Nataf, senior vice president of point of sale at Global Payments’ company Heartland. “In addition to accepting digital transactions, they need to have tools to engage with customers, such as email marketing capabilities, loyalty programs and a robust website presence.”
New customer expectations
About 70% of consumers said eating at a restaurant will help them feel normal again, according to a nationwide Global Payments survey of 1,000 consumers. However, when they do arrive, they’ll be more wary of safety, cleanliness and quality. The good news: when people feel safe, they’re likely to return. Use technology to build loyalty and trust: Digital ordering
Cloud agility
Low-contact server tips
Customers can reserve, order and pay from their mobile apps and devices. Digital also minimizes interactions between delivery drivers and staff.
Cloud-based platforms allow restaurants to streamline tasks, including kitchen management and drive-thru operations. They also help with customer intelligence and social media reputation management — centralizing reporting and analytics for deeper, faster insights.
Cloud-based tip processing allows employees to receive funds on prepaid cards, and tipping software like Netspend® Tip Network™ integrate with POS systems to digitally allocate tips.
Touchless payments
Restaurants can add QR codes to digital drive-thru menu boards or restaurant receipts, with customers ordering and paying with Apple Pay or Google Wallet. About 44% of consumers are willing to tap to pay, up from 29% before the pandemic, according to the Global Payments survey. Digitally powered inventory
Restaurants can control menus with a click or a tap for instantly reflected changes, even with multiple locations. 10 SUMMER
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Guest list management
Digital POS Systems allow customers to place orders while waiting and receive texts when their tables are ready.
Consumers are more comfortable in a digital world–technology will only play a bigger role in the future.
UV-C disinfection
Ultraviolet light can kill or inactivate 99% of microorganisms on POS devices and kiosks. It can be added to existing screens and monitor surfaces for when they’ve been cleaned. FLORIDA RESTAUR ANT & LOD GING A S SO CIATION
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L E G I S L AT I V E U P D AT E
2021 Legislative Report The 2021 Legislative Session was a wild ride. It was a very successful session for FRLA and Florida's tourism industry. COVID-19 LIABILITY PROTECTION: PASSED AND SIGNED INTO LAW SB 72 by Senator Brandes (R-St. Petersburg) HB 7 by Representative McClure (R-Dover) COVID-19 Liability Protection legislation has been signed by the Governor and is now the law in Florida. This legislation says that if a business demonstrates a good faith effort to comply with existing rules, regulations, and guidance regarding COVID-19 safety and sanitation, the business is immune from liability. If it is determined that a business does not make a good faith effort to comply with existing guidance and regulations in order to protect the establishment, its employees, and its customers, then it is possible a lawsuit against the business would be allowed to proceed forward. If the lawsuit moves forward, the plaintiff will have to prove by clear and convincing evidence that the business acted with gross negligence. This means the plaintiff must prove to a reasonable certainty that a business acted recklessly. This legislation will protect Florida businesses from meritless lawsuits as they struggle to survive and thrive in the wake of the pandemic.
ALCOHOL-TO-GO: PASSED SB 148 by Senator Bradley (R-Fleming Island) HB 329 by Representative Josie Tomkow (R-Polk City) During the pandemic, Governor DeSantis’ executive order permitted restaurants with special restaurant liquor licenses to engage in the sale of alcoholic beverages, including mixed drinks, with takeout and delivery orders. This was very beneficial for restaurants that struggled to stay open. This legislation will codify the provisions of the executive order, allowing establishment with special restaurant liquor license to sell alcoholic beverages for take-out and delivery on a permanent basis. The bill includes specific requirements for how these beverages should be packaged and delivered. This bill was signed into law.
VISIT FLORIDA FUNDING: PASSED Following budget conference and negotiations between the House and Senate, the chambers agreed to fund VISIT FLORIDA in the amount of $50 million. These funds will be designated as non-recurring. In addition to the $50 million appropriation, VISIT FLORIDA will also receive an additional $25 million in federal relief dollars. This additional funding will be crucial as the state works to revitalize its tourism industry.
TOURIST DEVELOPMENT TAX/ CONVENTION DEVELOPMENT TAX: DIED SB 2008 by Senator Diaz (R-Hialeah) HB 1429 by Representative Avila (R-Miami Springs)
HB 7061 by House Ways and Means Committee As filed, SB 2008 and HB 1429 would allow counties to use TDT and CDT revenues for flood mitigation projects or improvements. The Tourist Development Tax was adopted in 1977 specifically for the purpose of promoting and marketing tourism. Since that time, the uses for TDT revenues have been expanded several times. The proposed expansion for flood mitigation projects was not limited in any way, and it could easily drain the existing revenues. Despite the noble purpose of the expansion, we vociferously opposed this expansion. The House bill passed on the floor, but the Senate bill stalled in committee. Seeking a new path for passage, the language of the House bill was grafted onto the House Tax Package (HB 7061). The tax package passed, but this provision was not included.
VACATION RENTALS: DIED SB 522 by Senator Diaz (R-Hialeah) HB 219 by Representative Fischer (R-Jacksonville) In 2011, Florida preempted vacation rental regulation to the state, preventing local governments from enacting any new law that restricted the use of vacation rentals, prohibited vacation rentals, or regulated vacation rentals based on their classification, use, or occupancy. In 2014, the Legislature revised the preemption of 2011 so that local governments could regulate vacation rentals, provided the regulations do not regulate the duration or frequency of vacation rentals. Since that time, there has continued to be a great deal of turmoil regarding the regulation of vacation rentals and vacation rental hosting platforms. FRLA supported this legislation because we felt it made significant positive progress on this issue. The bills included the following provisions that we have long supported: requiring a hosting platform to affirmatively verify the license and registration of all units advertised on its platform; requiring the hosting platform to collect and remit taxes for the units rented through its platform; requiring platforms to submit quarterly reports to DBPR that include the physical addresses of advertised units; and requiring hosting platforms to remove illegal rental listings. While the bills as amended did not include all the provisions for which we advocated, we felt it was a huge step in the right direction. The bills stalled in both the House and Senate and ultimately died. We will continue to advocate for this issue in future sessions to ensure that all Florida visitors enjoy a safe, lawful, and highquality lodging experience, no matter where they choose to stay.
DATA PRIVACY: DIED SB 1743 by Senator Bradley (R-Fleming Island) HB 929 by Representative McFarland (R-Sarasota) The Data Privacy legislation was filed due to concerns regarding
QUESTIONS? Contact FRLA Government Relations Team at 850-224-2250: Richard Turner, Senior VP of Legal and Legislative Affairs at ext. 248. Samantha Padgett, General Counsel at ext. 228. Nicolette Hoffmann, Legislative Analyst and Coordinator at ext. 225 14 SUMMER
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FLORIDA RESTAUR ANT & LOD GING A S SO CIATION
L E G I S L AT I V E U P D AT E
how consumer information is being used, shared, or sold. The legislation would impact how companies use, store, share, and sell consumer data. It would allow consumers to request a list of their personal information maintained by a covered business. Businesses would be required to respond to such inquiries timely and delete such information upon request. There were significant concerns raised regarding the cost of compliance and the potential negative impacts for small and medium-sized businesses. The House and Senate versions contained differing enforcement provisions.
STATE PREEMPTION OF SEAPORT REGULATION: PASSED SB 462 by Senator Boyd (R-Bradenton) HB 267 by Representative Roach (R-North Fort Myers) SB 1194 by Senator Hooper (R-Palm Harbor) Three cruise ship restrictions were adopted via ballot referendum in the City of Key West last November. The restrictions ban from Key West any cruise ship with the capacity to carry 1,300 persons or more and cap total disembarkations from all cruise ships in Key West on any given day to 1,500 persons. These restrictions effectively close Key West to 95% of the cruise ships that used to stop there. As filed, HB 267 and SB 426 would prohibit a local government from restricting or regulating commerce in Florida seaports, while ensuring that local port authorities maintained the ability to conduct their business affairs. SB 426 passed the Senate, but the bill stalled in the House. During the last week of the legislative session, however, an amendment was placed on a broader transportation bill, SB 1194, containing the most critical piece of the seaport preemption bill. The amendment prohibits a local ballot referendum from
restricting maritime commerce in a Florida seaport, including any restriction based on a ship’s size, number of passengers, etc. This would apply to ballot measures in both counties and cities. If signed into law as part of SB 1194, the amendment would invalidate any prior or future referenda restricting maritime commerce, thus nullifying the three restrictions in place in Key West. SB 1194 will go to Governor DeSantis for his consideration in the coming weeks.
OTHER BILLS OF INTEREST SB 50 requires the collection of sales taxes on all internet sales transactions. The revenues from this collection will be used to replenish the state’s Unemployment Compensation Trust Fund, saving employers from a significant increase in unemployment compensations taxes. Once the trust fund is replenished, the business rent tax rate will be reduced from 5.5 percent to 2.0 percent. SB 50 has been signed into law by Governor DeSantis. HB 919 prohibits municipalities, counties, special districts, or other political subdivisions from restricting or prohibiting types or fuel sources of energy production used, delivered, converted, or supplied by certain entities to customers. This bill will prevent local governments from eliminating natural gas as a fuel for generating heat and electricity. The bill passed the legislature. SB 2006 makes some significant changes to emergency management powers. It seeks to place reasonable limitations on the duration of declarations of emergency. It requires emergency orders to be readily available on a dedicated webpage. It discourages duplicative or unnecessary local declarations. It clarifies that individuals traveling to and from work are not in violation of any emergency curfews in place. It codifies the prohibition on requiring patrons and consumers to provide proof of vaccination, including a fine for violations. This bill passed the legislature.
2021 Legislative Scorecard PASSED
FRL A .org
DID NOT PASS
ISSUE
ISSUES OVERVIEW
COVID-19 LIABILITY PROTECTION
Grants a business immunity from liability for COVID-19 related claims when the business demonstrates a good faith effort to comply with existing rules, regulations, and guidance regarding COVID-19 safety and sanitation.
ALCOHOL TO GO
Makes permanent the provisions of the Governor’s executive order permitting the sale of alcoholic beverages with take-out and delivery orders.
VISIT FLORIDA
Funded in the amount of $75 million.
TOURIST DEVELOPMENT TAX / CONVENTION DEVELOPMENT TAX
Expands the approved uses of TDT and CDT revenues to flood mitigation projects and improvements.
VACATION RENTALS
Preempts regulation of vacation rental advertising platforms to the state; requires advertising platforms to affirmatively verify the license and registration of all units advertised on its platform; requires quarterly reporting by advertising platforms to DBPR; requires the advertising platform to collect and remit taxes for the units rented through its platform; and requires the advertising platform to remove illegal rental listings. Local zoning and regulation issues unresolved.
DATA PRIVACY
Impacts how covered companies use, store, share, and sell consumer data; allows consumers to request a list of their personal information maintained by a covered business; requires business to respond to such inquiries timely and delete information upon request; includes enforcement provisions
SEAPORT REG. PREEMPTION
Prohibits a local ballot referendum from restricting maritime commerce in a Florida seaport, including any restriction based on a ship’s size, number of passengers, etc. This would apply to ballot measures in both counties and cities.
FLORIDA RESTAUR ANT & LOD GING
15
DR. MELISSA HUGHES
The Blue Space Effect A few good reasons to go to the beach
A
h … summer! Warmer weather and longer days often spark the desire to put your toes in the sand, let the sun kiss your face, and allow the waves to roll in around you. There is nothing quite as synonymous with summer as the beach. Even now, just thinking about it can bring visions of the ocean and sky, the sun and breeze on your skin, and the rhythmic sounds of the waves. As it turns out, the beach is actually good for us, and there is science to back it up. Over the past few decades, neuroscience has explored the effects of chocolate, coffee, drugs, cell phones, music, politics, stress and even colors on the brain. Now we are exploring the positive effects of the ocean on the brain and body. There is a wealth of scientific evidence that spending time in nature has a host of mental and physical benefits. Recent cutting-edge interdisciplinary research now suggests that exposure to natural water features, or “blue spaces,” may have even greater health benefits than “green spaces” like parks. Think about how much sensory information the brain processes — things we hear, see and touch. Perhaps at this moment while you read this, you hear traffic, television or even someone’s conversation. All day long, your brain is working to determine what information you need to remember and what needs to be filtered out. Even filtering out
unnecessary information requires mental energy. Just like any other muscle that you use repetitively, the brain needs downtime to rest and recover. Water gives your brain that much-needed break. The general premise of the blue space theory is that water naturally generates a “blue state of mind” — calm, relaxed, peaceful and a sense of general happiness in the present moment — that is more significant than any other natural environment. Brain scans show that our brain waves actually slow down when in contact with any kind of water — particularly the sea or ocean. In fact, looking at images of the ocean will slow brain waves down. Slower brainwave activity combined with the rhythmic sounds of the water is enough to put us in a mildly meditative state. It isn’t just our brain that slows down. All of the sights, smells and sounds we experience at the ocean activate the parasympathetic nervous system. The parasympathetic nervous system plays a vital role in maintaining both mental and physical health by helping the body to calm down from episodes of stress by lowering blood pressure and heart rate. Without the parasympathetic nervous system, the monitoring and regulation of automatic body processes would be impossible. So unplug your devices, feel the warm sun on your skin, breathe in that fresh ocean air, listen to the ocean waves roll in and out, and feel the sand under your feet.
Acknowledge the sense of calm wash over your mind and body. And you’ll know you’ve got the “blue state of mind” when the only worry you have is whether the tide is going to reach your chair. Your brain will thank you.
Melissa will be speaking at FRLA’s Marketing + Operations Summit, August 18-19, 2021 at the Seminole Hard Rock Hotel & Casino in Hollywood, FL. Don’t miss the chance to see her in person!
Dr. Melissa Hughes is a self-proclaimed neuroscience geek, TEDx speaker, and author of Happy Hour with Einstein and Happier Hour with Einstein: Another Round. Learn more about how the brain works and how to make it work better at MelissaHughes.rocks. 16 SUMMER
2021
FLORIDA RESTAUR ANT & LOD GING A S SO CIATION
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TICKETS NOW ON SALE! SEMINOLE HARD ROCK HOTEL & CASINO
August 18 - August 19 Hotel Room Block now open! Available from Friday, August 13, 2021 to Monday, August 23, 2021.
Keynote Speaker Brandon Landry Founder and CEO | Walk-On’s Sports Bistreaux Brandon Landry, Founder and CEO of Walk-On’s Sports Bistreaux, always dreamt of a basketball career. As a freshman in college, he joined the Louisiana State University basketball team as a walk-on and it was there that Brandon learned the true meaning of being a walk-on: the mentality of team before self, the importance of every team member’s value, and that recognition as a player doesn’t dictate how hard you work. The sports-driven concept isn’t the only thing Brandon is known for. His passion for culture, community, and excellence has been a constant differentiator. Through new business partners, including the record holding NFL quarterback, Drew Brees, Brandon has built an ever-growing corporate team, a notable franchise model, and a fan base that is nation-wide. With 49 locations currently open, restaurant number 50 opening next week and over 150 more restaurants in the pipeline, Brandon continues to push the limits of possibilities and success for the brand.
Visit frla.org/event/marketing-operations-summit/ for more event information.
Diversity, Inclusion and Bias 101: Awareness to Action James Pogue, Ph.D. CEO | JP Enterprises Measuring Progress. Improving Performance. Increase Productivity. Hear the latest research around Bias and its impact in the workplace and clarify the connection between Diversity, inclusion, Bias and organization success. Outcomes: Understand the Business Case and Value Propositions connected to Diversity, Inclusion and Unconscious Bias. Learn the best practices for leading change during uncomfortable times with sensitive topics.
Fried Chicken Takes No Sides Chef Art Smith | American Chef How the hospitality industry can better create an inclusive atmosphere for both employees and customers. Food is universally accepted and loved. It can be and should be used to bridge the gaps and divisions between people. Chef Art will share many inspiring stories of how he has done this around the world, and he give insight and advice on how other operators can explore marketing efforts, utilizing international food recipes, historical examples, and much more.
3 Ways to Stay Focused During Times of Crisis Melissa Hughes Founder l The Andrick Group Current events, financial worries, a global pandemic—it all weighs on us. Negative thinking combined with the stress of uncertainty taxes our cognitive abilities to the point of exhaustion. During these unprecedented times, our brains are working overtime despite the fact that many paychecks don’t reflect it. Now more than ever, it’s important to remember that the human brain responds to uncertainty in very predictable ways. The good news is we can choose how we respond in ways that build resilience and keep us focused.
Off-Premises Domination TJ Schier President & Founder| SMART Restaurant Group and Incentivize Solutions Guiding your restaurant through the ever-changing off-premises waters to find the right solutions and processes for your restaurant or brand. An 11-point approach to driving off-premises sales using your brand and the industry at large to create systems and vendor partnerships with recommended solutions and options to accelerate off premises sales.
GAS SOUTH
Gas South’s Future is Bright
A
significant change to the Florida energy market has been building steadily since October 2020, when Atlanta-based Gas South acquired Infinite Energy in a deal that turned heads throughout the region. As the preferred natural gas provider of FRLA, Gas South is a leading and largest natural gas provider in the Southeast, specializing in the energy needs of hoteliers and restaurateurs. But while “gas” may be quite prominent in the company’s name, its ambitions for the future of energy are incredibly diverse. In March 2021, Gas South announced a staggering $50 million commitment to solar initiatives by 2023, recognizing a shift in the industry and pledging to join the movement toward renewable energy sources. “In addition to the charitable giving we do, our pledge to ‘Be a Fuel for Good’ also means doing our part to build a sustainable future for our children and future generations,” said Kevin Greiner, Gas South’s President and CEO. “To show our commitment, we have already invested $17 million in solar energy projects thus far and look forward to further expanding our efforts.” Gas South’s push into solar began locally in 2020 with the development of a utility-level solar farm in partnership with parent company Cobb EMC. Highlighted by three 18-foot-tall Smartflowers, the 6,000-square-foot installation produces 13,400 kWh of solar energy — enough to power 200 houses. This initiative
enables Gas South to supply renewable energy to the power grid and study ways to support large customers with solar power. While the solar garden is specific to Gas South’s backyard in Atlanta, the company has also funded additional community projects around the country through its relationship with Sol Systems, a leading national solar energy firm. Through this partnership, Gas South has invested $12 million in eight residential solar projects, providing energy to more than 2,600 homes. “At Sol Systems, we create solutions that combine community impact with sustainable infrastructure finance and development,” said Yuri Horwitz, Sol Systems’ CEO. “Our partnership with Gas South is a great example of how some utilities are taking a new look at sustainability solutions that create scalable, long-term solar energy solutions.” As evidenced by the $50 million target, Gas South is just getting started when it comes to investing in renewable energy sources, and down the road, it hopes to bring solar capabilities directly to its new customers in Florida. “Investing in solar projects provides us with an opportunity to gain experience with alternative energy while also generating an additional financial return,” said Jamie Tiernan, Gas South’s Chief Financial Officer. “We hope to have an opportunity to invest in additional solar projects, especially within our core geographic footprint of the Southeast.”
For more information on Gas South and its renewable energy initiatives, please visit GasSouth.com. 20 SUMMER
2021
FLORIDA RESTAUR ANT & LOD GING A S SO CIATION
FLORIDA ATLANTIC UNIVERSITY
HOSPITALITY and TOURISM MANAGEMENT
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Offering the industry’s preferred BBA degree in hospitality and tourism management Ranked among the best 30 national programs by The Best Schools* One of the highest values and lowest costs in the country
All faculty members have extensive industry backgrounds Multiple CERTIFICATES also available:
Club Management, Casino Management, Hospitality and
Tourism Management, and/or Meetings and Events Management
The FAU College of Business is proud to be an accredited member of AACSB (The Association to Advance Collegiate Schools of Business) International, the premier accreditation agency for Schools of Business worldwide.
www.fau.edu/hospitality
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F I B E R B U I LT
Tips From an Old Professional:
My Experiences as a Supplier in the Hospitality Industry by JORDAN BECKNER, PRESIDENT OF SALES FOR FIBERBUILT UMBRELLAS AND CUSHIONS
I
t is my hope that every so often a restaurateur and/or hotelier might take a moment to read this article. It is in that mindset I am writing this article today. I have spent several hours on the telephone with my fellow suppliers, and across the board, business is booming. Which is very good news. The bad news is we are in the middle of a global supply chain shortage that seems to be affecting everyone. It seems to me when COVID-19 hit, many of our suppliers shut down or at least circled the wagons and reduced productivity. That kind of reduction takes an awful long time to ramp back up. Add the fact that each individual port has its own officials to answer to, so they are really
backed up too. Again, let me reiterate, this is a global shortage. Your answer is buying American, and you will not have those problems. I can speak to that directly because 90-plus percent of our products are made in the USA. But for us to make you an umbrella or a cushion, we must source the raw materials to produce the item. The materials are getting more and more scarce, which means prices are rising drastically. Do not even get me started about the employee shortage and our government paying people to stay home. I am saying all this so everyone will understand that most of your suppliers are not Amazon with next day delivery. Please understand that if you give us an order,
most of us do not get paid until we deliver the order. Our goal is to produce and deliver your orders as soon as possible. I would be remiss if I did not mention how great the FRLA staff has been throughout this pandemic. I urge my fellow suppliers to get involved again, and be sure to sign up for and attend all the upcoming events.
SHADE PRODUCTS & CUSHIONS FOR EVERY LOCATION, BUDGET AND DESIGN FLEXIBILITY IS OUR GREATEST STRENGTH™ Toll-free 866.667.8668 www.fiberbuiltumbrellas.com FRL A .org
FLORIDA RESTAUR ANT & LOD GING
23
XXXX XXXX
Dave Anderson GENERAL MANAGER PALM BEACH COUNTY CONVENTION CENTER, REGIONAL VICE PRESIDENT SPECTRA VENUE MANAGEMENT
A
nderson has over 25 years of industry experience and has called Palm Beach County home since opening the Palm Beach County Convention Center in 2003. He has held several positions within the facility management industry and currently serves on the board of the Florida Venue Managers Association. Convention centers play a major role in the tourism industry. What sets the Palm Beach County Convention Center (PBCCC) apart from others?
To start, the County built an incredible, timeless building that after 18 years, still ranks as one of the most beautiful buildings in the country. The “package” that sets PBCCC apart from the rest is the fact that it is attached to a beautiful, 400 room Hilton Hotel, is located less than 10 minutes from one of the best airports in the world and is situated directly across the street from Rosemary Square, which offers endless shopping and dining opportunities for convention center attendees. The close proximity to Clematis Street and the Intracoastal Waterway, plus being less than two miles from beautiful beaches, make the venue very appealing. Other amazing local assets include the Kravis Center, Norton Museum and everything else that Palm Beach County has to offer. In totality, there may not be another convention center in the country that can offer what we have, internally and just beyond our doors. The Palm Beaches TV plays on kiosks throughout the convention center. How has this helped your guests become more familiar with the County?
Being able to offer The Palm Beaches TV to our guests is yet another element that sets us apart. I often notice guests getting mesmerized by the beauty of the beaches, birds, fishing or the dining options that are featured in the programs. Without a doubt, the channel provides inspiration to conference attendees for how they spend their leisure time. What were some of the most important shifts or changes that you had to make during the pandemic? What does the future of conventions and meetings look like post-Covid?
Our initial step was to get certified by the Global Biorisk Advisory Council (GBAC), which is the industry standard for cleaning and sanitization. The operations and events team began working on the GBAC Star accreditation process which includes how we clean and sanitize the building daily and how events could safely occur during a pandemic. 24 SUMMER
2021
In July 2020, we became the first facility in Palm Beach County and one of the first convention centers in the country to receive the GBAC Star accreditation. This gave us the pathway to reopen, but more importantly it provided messaging to clients and attendees that we are doing it right. Since reopening the facility in August 2020, there has been a steady uptick in the size and number of events each month. Operational planning for each event, no matter the size, is far more complex than it has ever been. Reducing capacities, redesigning floor plans and expanding events to larger spaces – we’ve entirely reimagined the way we do business. On the technology side, the word “hybrid” is the new buzzword that continues to gain steam throughout our industry. Platforms such as Zoom and Teams have led the way back for our industry in communications and day-to-day business. This hybrid solution will be part of the meetings landscape moving forward, which is why we have invested in the technology and are making it available to our clients. While I’m extremely pleased to see positive things happening with our event schedule and the meetings industry in general, it is imperative that we continue to stay the course and operate in a safe manner. How are you able to offer top-notch culinary items when most venues offer hot dogs and nachos?
We made a commitment from day one to make food a reason to host an event here. Our approach has been to elevate the quality and creativity of our offerings so that we can satisfy even the most critical palate. Our team works with our Spectra corporate executive chefs to push the envelope with exciting and affordable options, many of which reflect the diversity of our local community and offerings found only in South Florida. The other important part of the process is creating custom menus whenever possible. This allows clients to be part of the creative process and gives us the ability to break away from traditional offerings. I enjoy seeing attendees’ faces when they see what we can deliver.
FLORIDA RESTAUR ANT & LOD GING A S SO CIATION
ART ADVENTURES the lion country legacy LITTLE WONDERS OF THE PALM BEACHES THE PAR-FECT 18
Tourist Development Council
ThePalmBeaches.TV The Palm Beaches TV offers high-quality, family-friendly original programming
TRAVELS & TRADITIONS WITH BURT WOLF BIRDING ADVENTURES ON THE TOWN IN THE PALM BEACHES The Perfect Place HOOKED ON THE PALM BEACHES SCUBA NATION PASSPORT TO THE PALM BEACHES WOMEN IN POLO
Palm Beach County’s Official Tourism Television Channel
For more information about this complimentary marketing tool offered by the Palm Beach County Tourist Development Council, call 800.745.3456 or email info@pbfilm.com.
the
BEVERAGE W
e hope you enjoy the 2021 Beverage issue of FR&L Magazine. It has been an exciting year with the industry coming back in Florida and with it demonstrating so many innovations in tech, food and beverage. Alcohol-to-go has been signed into law, and it is a great time to look at what your beverage menu is contributing to the atmosphere, creativity and the bottom line in your restaurant or bar. Speaking of creativity, check out this amazing cocktail from Henry’s Palm Beach, part of the dining collection of The Breakers Palm Beach. Cheers!
issue
Cocktail Recipe:
The Industrialist Ingredients: •
2½ oz. Angel’s Envy
•
3 drops cherry bitters
•
3 drops orange bitters
•
¼ oz. Carpano Antica Vermouth
•
¼ oz. agave
Combine ingredients. Garnish with luxardo cherry and orange swatch.
Above: The Bleau Bar, the famed lobby bar of the Fontainebleau Miami Beach, has recently been redesigned to honor the hotel’s original architecture and rich history of “Hollywood” glamour. For more information about Bleau Bar, visit Fontainebleau.com or call (305) 674-4641.
26 SUMMER
2021
FLORIDA RESTAUR ANT & LOD GING A S SO CIATION
SOME DAYS AT THE OFFICE ARE BETTER THAN OTHERS.
SAVE THE D A TE S S EPTE MBER 20 NRA GOLF REC EPTI ON CHA MP I O N SG A TE R E SO R T
SE PTE MBE R 21 GOLF TOURNA MEN T CHAMP I O N SGA TE G O LF C LU B
IT'S NOT HOW GOOD Y OU P LAY . .. IT'S WHO YOU PLAY WI TH THAT COUNTS . “As first time sp onsor s of the Bob Leo n a rd Go l f C l a s s i c , w e w e re b l o w n a w a y ! Wh at a gr eat ev e nt, networking wi th top i ndustr y pr o fe s s i o n a l s a t o n e o f th e m o s t b e a u ti fu l g o l f cour ses in c e n tral Florida. We can’ t wai t to see w h a t th i s y e a r h a s to o ffe r!” - Ma rilyn Arnall | FPL Seni or Cust om e r A dv is or CONTACT AGH OL STON@FR L A.OR G FOR SPONSORSH IPS, TEAMS & MORE INFO. OR VISIT FR LA.ORG/CORPORATE- EVEN TS
Designed to ensure full compliance with the Florida Responsible Vendor Act • Consideration in lessening penalties and fines against the alcoholic beverage license for certain violations • Affirmative defense in the event of an alcohol related civil lawsuit • Educated staff who sell and serve alcohol responsibly resulting in fewer underage alcohol sales and a reduction in DUI fatalities
DBPR’s contracted program Gives your staff essential food safety knowledge to meet Florida food employee training requirements • DBPR Contracted Provider • Online Database Tracking • Employee Certificate • Employee Wallet Card • Valid for 3 Years
• • • •
DBPR/CFP Approved Manager Certificate Manager Wallet Card Valid for 5 Years
AllerTrain is the nation’s #1 food allergy training offered today, and RCS Training has certified trainers available to teach it live on location. • AllerTrain for managers – 5 Year • AllerTrain Lite for Employees – 5 Year
Sexual harassment and workplace discrimination lawsuits are on the rise. Just one of these costly lawsuits can put you out of business. It is important that you, your managers, and your employees know how to deal with these issues. RCS Anti-Harassment Training addresses common types of sexual harassment and/or discrimination and precautionary measures businesses should take in order to prevent a sexual harassment and/or discrimination lawsuit in the workplace.
RCS offers a unique proven approach to staff education and training that increases efficiency and effectiveness. Workshops are customized to the industry and staff. Workshops include: • • • • • • • • • • •
Communication Skills Customer Service Stress Management Personal Productivity Conflict Management Effective Teamwork Leadership Skills Time Management Business Writing Goal Setting And many more…
Director of Operations Vice President, FRLA Education & TrainingDirector of Operations Senior Senior Vice President, FRLA Education & Training 407.376.2414 and former Director, of Hotels & Restaurants 407.376.2414 of Training & Development Licensing & Regulatory Coordinat and former Director, DivisionDivision of Hotels & Restaurants DirectorDirector of Training & Development Licensing & Regulatory Coordinator bmoons@frla.org bmoons@frla.org geoff@frla.org 850.879.2581 850.528.7099 850.933.9958 geoff@frla.org 850.879.2581 850.528.7099 850.933.9958 ccrump@frla.org malford@frla.org ccrump@frla.org malford@frla.org
Regional Sales Manager Regional Sales Manager Miami-Dade Miami-Dade CountyCounty 850.566.9928 850.566.9928 lmoreno@frla.org lmoreno@frla.org
Regional Manager Regional Manager Regional Manager Regional TrainingTraining Manager Regional Sales Manager Regional Sales Manager Northeast Northeast Florida Florida Space Space Coast Coast Bay, Suncoast, Tampa Tampa Bay, Suncoast, 850.559.7499 Regional Manager 850.559.7499 407.683.1205 Regional ManagerRegional Manager 407.683.1205 and Nature TrainingTraining Manager and Nature Coast Coast Regional jshermetaro@frla.org Northwest jshermetaro@frla.org jpittman@frla.org Northwest Florida Florida Tampa Bay jpittman@frla.org 941.773.0519 Tampa Bay 941.773.0519 850.380.8839 850.380.8839 941.773.3095 emaxham@frla.org 941.773.3095 emaxham@frla.org ahackle@frla.org ahackle@frla.org jmaxham@frla.org jmaxham@frla.org
Regional Training Manager Regional Training Manager Miami-Dade Regional Manager Miami-Dade CountyCounty TrainingTraining Manager Regional Manager Regional Regional Manager Regional Manager Regional TrainingTraining Manager 786.975.3348 Miami-Dade County 786.975.3348 Miami-Dade County Central Palm Beach Florida Florida Regional Sales Manager Palm Beach CountyCounty lbatista@frla.org Regional Manager Central 407.731.2268 305.299.7963 Regional Sales Manager lbatista@frla.org Regional TrainingTraining Manager 305.299.7963 561.427.4738 407.731.2268 Southeast 561.427.4738 Broward rchacon@frla.org Southeast Florida Florida Broward CountyCounty rchacon@frla.org lthomas@frla.org sdick@frla.org lthomas@frla.org 954.448.4687 sdick@frla.org 954.709-0804 954.448.4687 954.709-0804 sdespreaux@frla.orgs rbarrera@frla.org sdespreaux@frla.orgs rbarrera@frla.org
Regional Manager Regional TrainingTraining Manager Broward/Palm Counties Broward/Palm Beach Beach Counties 954.258.0852 954.258.0852 pmadamba@frla.org pmadamba@frla.org
850.224.2250 850.224.2250 lsumner@frla.org lsumner@frla.org
Regional Manager Regional Manager Key West Key West 407.375.3705 407.375.3705 eheffernan@frla.org eheffernan@frla.org
850.224.2250 850.224.2250 jpate@frla.org jpate@frla.org
Regional Manager Regional Manager East Central East Central Florida Florida 407.716.7348 407.716.7348 jkrone@frla.org jkrone@frla.org
850.224.2250 850.224.2250 vwainwright@frla.org vwainwright@frla.org
Regional Manager Regional Manager South Orlando South Orlando 203.721.5421 203.721.5421 jdonnelly@frla.org jdonnelly@frla.org
Regional Manager Regional Manager Southwest Southwest Florida Florida 239.287.3441 239.287.3441 klivingston@frla.org klivingston@frla.org
Corporate Senior Senior Corporate TrainerTrainer 352.250.2130 352.250.2130 vkonters@frla.org vkonters@frla.org
800.537.9863 800.537.9863 www.rcstraining.com www.rcstraining.com
B
BEVERAGE ISSUE
Endlessly Refreshing Coca-Cola North America Rolls Out Bottles Made From 100% Recycled PET Plastic
B
ig news sometimes comes in smaller packages. Coca-Cola Trademark brands (Coke, Diet Coke, Coke Zero Sugar, Coca-Cola Flavors) will debut a 13.2-ounce bottle made from 100% recycled PET (rPET) plastic this month in California, Florida and select states in the Northeast. Other sparkling beverage brands will follow this summer. “Challenges around plastic packaging waste and recycling continue to be top of mind for our consumers, customers and our system,” said Alpa Sutaria, vice president and general manager, sustainability, North America Operating Unit. “Introducing 100% recycled PET bottles is a big proof point of how recycling can help create a circular economy.” The new 13.2-ounce bottle — the first-ever Coca-Cola package made from 100% rPET in the United States — offers a convenient, sippable portion size. “On-the-go consumers have been telling us they want an option like this, because it’s just the right amount for the ‘snacking’ occasion,” said Tammy Lee, brand manager, CocaCola Trademark. “We believe this innovation delivers the double benefit of convenience and sustainability.” Coca-Cola North America’s rPET innovations spans the portfolio and includes multiple brands and packaging sizes: » Coca-Cola trademark brands will roll out 20-ounce bottles made with 100% rPET in California, New York and Texas starting this month. » DASANI will launch 20-ounce 100% rPET bottles in New York, California and Texas in March. 30 SUMMER
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» Sprite will launch a 13.2-ounce 100% rPET clear bottle in the Northeast, California and Florida this month. All Sprite packaging will transition to clear packaging, which is easier to be recycled and remade into new bottles, by the end of 2022. Combined, these innovations represent a 20% reduction in the company’s use of new plastic across its North American portfolio compared to 2018. They will collectively reduce 10,000 metric tons of greenhouse gas emissions annually in the United States — the equivalent of taking 2,120 cars off the road for one year — based on internal company tools and analyses. The Coca-Cola Company now offers 100% rPET bottles in more than 25 markets, bringing it closer to its World Without Waste goal of making bottles with 50% recycled content by 2030. Announced in 2018, the sustainable packaging platform also includes a goal to collect and recycle the equivalent of a bottle or can for every one the company sells globally by 2030, and to make 100% of its packaging recyclable by 2025. More than 94% of the company’s North American packaging is currently recyclable. “This marks a major milestone in a large and complex market,” said Sutaria, who will speak today at the GreenBiz 21 sustainable business conference. “While we still have a lot of work to do to reduce plastic waste, by educating consumers about recycling and the potential for plastic bottles to become new plastic bottles, we see this as a big move in the right direction.” To build awareness and encourage action, all 100% rPET package labels will include “Recycle Me Again” messaging. In fact, four different areas on the packaging will educate people about recycling. A primary goal of the “Endlessly Refreshing” campaign — which also will include outdoor, radio, in-store and social/digital communications, plus touch-free experiential activations — is to boost recycling rates so rPET bottles can be used again and again to create raw material for new bottles, supporting closed-loop recycling systems and a circular economy. “Our packaging is our biggest, most visible billboard,” Sutaria said. “We’re using the power of our brands, leading with Coca-Cola, to educate, inspire and advance our sustainability priorities.” FLORIDA RESTAUR ANT & LOD GING A S SO CIATION
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BEVERAGE ISSUE
Yuengling Revitalizing its Tampa Campus “A
merica’s Oldest Brewery” is proud to embark on its Yuengling Tampa Campus Revitalization Project, slated to open in 2022. Since 1999, when Yuengling first began brewing in its Tampa brewery, Tampa and the community at-large has always been a second home to the brand. The vision for Yuengling’s Tampa campus is to build upon the brewery’s existing affinity for the community and to create a first-class destination that helps Yuengling tell their unique story. As consumer interest in locally crafted beer continues to grow, Yuengling looks forward to giving consumers the opportunity to experience their rich history and unparalleled portfolio of beer brands. As Yuengling continues to re-envision this immersive experience in Tampa, the brewery looks forward to offering visitors an enhanced hospitality and entertainment experience, while also solidifying its role as an integral part of central Florida. The new campus is uniquely positioned within miles of popular area destinations including the Tampa waterfront, University of South Florida, Amalie Arena and Busch Gardens, the
last of which attracts 4 million visitors per year. In addition, the brewery falls centrally in a development zone, the focus of this region’s revitalization efforts, and is also located around the city’s leading education, technology and entertainment enterprises. “America’s Oldest Brewery” is excited to be invested alongside such innovative organizations that have a bold vision for the future of uptown Tampa and looks forward to making a positive impact on the Tampa community. As Yuengling continues to embark on this exciting venture, fans, visitors and residents of the Tampa community can look forward to the new campus featuring exciting new areas: a state-of-the-art pilot brewing system, a restaurant serving fresh, local cuisine, private dining and conference rooms, digital interactive history, artifacts and memorabilia from Yuengling’s 192year history, an outdoor recreation area and beer garden, and a multi-use concert and entertainment pavilion.
Consumers who are interested in following along on the journey can stay up-to-date on information about Yuengling and the campus revitalization project by visiting Yuengling.com or following @Yuengling on Facebook, @YuenglingBeer on Twitter and @YuenglingBeer on Instagram. 32 SUMMER
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ive hundred million straws are used and discarded daily in the United States alone. Many are not recyclable or sustainable and wind up in waterways and landfills, where they are mistaken for food by marine and wildlife. Changes in our environmental culture have led to legislation to bring about more sustainable sourcing for single use items, including straws. There are other alternatives to paper and plastic straws, including our new “strawless” product! Introducing the D.U.O. XeroStraw — our innovative patents pending straw/ lid combination eliminates the need for a separate straw while giving the consumer straw-like satisfaction without the complications of standard straws. We invite you to join us in the effort to leave our world better than we found it by changing the way the world drinks from a cup … one sip at a time!
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FLORIDA RESTAUR ANT & LOD GING A S SO CIATION
BEVERAGE ISSUE
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Alcohol-to-Go: Adding to the Bottom Line by DR. JAMES (JB) WARD AND DR. STELLA QUINTERO
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f there is one thing you can count on in this industry, it is its ability to adapt to almost any situation. That was put to the ultimate test during a time when any revenue could mean the difference between keeping staff employed and, in many cases, keeping doors open. During this period of uncertainty, Gov. Ron DeSantis signed an executive order allowing the sale of alcoholic beverages to be purchased to-go in certain situations (AP News, 2021). While this action might not have been the ultimate solution for the industry, it did help to counter restrictions placed on businesses, including a temporary hold on patrons inside establishments. Adding the option to purchase alcohol to go with your food order helped to at least provide a stream of revenue and a way to continue operations. The popularity of this initiative has led to calls for this type of delivery to become permanent. The addition of to-go alcohol sales has proven to be safe for guests and profitable for establishments. At the time of this article, the Florida Legislature passed
Making the Most of this Opportunity the SB 148 on alcohol-to-go, and the bill was signed by Gov. DeSantis. What will this new change mean for restaurants moving forward? Even before the pandemic, food delivery had become increasingly popular, with millennials driving the trend. The National Restaurant Association reported an “overwhelming shift to off-premises dining” as one of the top trends through 2021. Although this trend might have to do with the impact of the pandemic, the shift towards a preference for food delivery is undeniable, and the passing of the alcohol-to-go bill opens the door to a potential new revenue source while providing guests with new options. The opportunity to increase sales and raise check averages by adding alcoholto-go is immense, as is the ability to enhance the overall guest experience at home. Customers can now enjoy a curated experience at their tables while supporting their favorite restaurants, and creating memorable experiences is the true essence of the hospitality spirit.
References: AP News. (2021, February 16). Restaurant to go alcohol sales could become permanent. Retrieved from AP News: https://apnews.com/article/business-bills-florida-coronavirus-pandemic-rondesantis-cf97f6de63d1f16d331d4df83e6ee350 Dr. J. B. Ward is an instructor in hospitality and tourism management at the FAU School of Business. Dr. Stella Quintero is an instructor in the marketing department, hospitality management at FAU School of Business. FRL A .org
Are you ready to make the most of alcohol-to-go? The following tips might be helpful: » Knowledge is power: Most customers might not be aware of this new law and the world of possibilities it opens. Tell them. Also, make sure that all your staff knows about it and understands it. Twice at the same restaurant, I have been asked to buy a bottle of wine to go, and twice the server had to ask the manager because they did not know they could sell it to go. » Share the Story: The opportunity to create new and engaging content for social media channels is vast. Tell your customers about your wine’s aromas, flavors and textures, and do not miss the opportunity for connection and engagement. A picture is worth a thousand words, but the story behind it stays with you. » Elevate Your Value Proposition: Let your guests choose the experience, but give them ideas. Highlight food and beverage pairings, offer food and beverage options and reward loyalty. No matter your strategy, it is crucial to communicate it to your customer base. Once again, the restaurant industry is faced with changing to meet the demands of the environment around us. Once again, it will adapt and thrive.
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G N I N R A W
Sept. I9-20, 202I s orlAndO FLRESTAURANTANDLODGINGSHOW.COM
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OLI ALCOH YOUR AD TO REVOKED. LE N A ION C ENDED OR IOLAT P TED V G SUS L RELA E BEIN LCOHO GE LICENS A E N A O BEVER
Protect your license with alcohol compliance training! IMPORTANT! If an employee serves a minor, they can go to jail for up to 60 days and be fined $500! In addition, your liquor license could be suspended. To protect your liquor license, and be in compliance with the Florida Responsible Vendor Act, make sure your staff: 1. Checks the ID of anyone who looks younger than 30 2. Ensures the birthday on the ID is on or before today’s date 2000 3. Asks a manager if they have any questions or concerns about an ID’s validity 4. Does not serve an empty seat or multiple drinks to one person 5. Understands they have the right to refuse service if they are not certain the person is at least 21
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2 0 2 1 CORPORATE EVENTS 36 SPRING
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FPL ENERGY SERVICES
Choosing a Natural Gas Supplier How to Compare Quotes by MICHAEL MEIER, SALES MANAGER-RETAIL NATURAL GAS
E
ach customer has unique needs, but all share a common interest — a natural gas supplier you can count on for the long term, through the economy’s ups and downs. What important factors should you consider when comparing natural gas suppliers? Let’s begin by reviewing pricing options. There are two main natural gas pricing structures: index/ floating price, which offers high price variability; and fixed price, which offers low price variability.
Index/Floating Price
Balancing
• Price varies monthly based on a standard published commodity price index. • A stable transportation adder is added to the commodity index. • Allows you to benefit from gas market declines and the option to lock into a fixed price when the market dips. • Requires budget flexibility.
A charge associated with equalizing gas supplies to the local gas distribution company with gas consumed at your meter. Supplies must be balanced within a threshold specified by the local gas utility or penalties can be applied. Look for a supplier with no balancing charges.
Fixed Price
• Provides greater control of your energy budget by locking in up to 100% of your forecasted usage at a set price for up to 36 months, with the remainder of your usage to float with market-based pricing. • Usage above your contracted amount is priced at index. Regardless of whether the price is floating or fixed, you should understand what happens at the end of the contract term. Ask questions such as these. Will the fixed price return to an index? Will the index price auto-renew? Do I need to renegotiate pricing? Knowing what happens after the term expires can help you protect your business from unexpected price shocks. After selecting the best pricing structure for your needs, there are other key things to consider when comparing offers. The charges outlined here are all associated with natural gas supply. Make sure the supplier specifically explains whether each charge is included in your price quote. If not, ask for a quote that includes these charges so you can make an “apples to apples” comparison.
Customer Usage Forecasting
Some gas marketers require you to provide monthly consumption estimates with daily updates if the usage will deviate from the monthly estimates. If the actual usage deviates from the estimate, you may be assessed an extra charge. Look for a supplier with no usage variance charges. Swing Provisions
Some gas marketers charge the contract price for volumes within a set tolerance (i.e. 5-to10%) of a monthly volume
forecast you provide; however, additional charges may be incurred for usage outside that band. Look for a supplier with no hidden swing provision charges that will clearly identify such provisions if included in the price quote. Pass-Through Charges
All pass-through charges are the costs a supplier incurs to deliver the natural gas to the local distribution company’s (LDC) city gate on your behalf and are passed through to you. These charges vary by LDC and may be embedded as part of an all-inclusive quote or added on separately. Look for a supplier who is clear and upfront about how these charges are billed. Adopting these guidelines when comparing quotes can allow you to better manage natural gas costs, improve your operational efficiency, and reduce the financial risk to your business.
Michael Meier is Sales Manager-Retail Natural Gas for FPL Energy Services, an unregulated subsidiary of Florida Power & Light Company (FPL). For more information, call (877) 375-4674, visit FPLES.com/natural-gas, or email FPLES@fpl.com. FRL A .org
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M A R K E T I N G - F I E L D D AY
Need help generating local demand and reconnecting with your local communities? Field Day can help.
W
e are experts in generating localized demand to grow your business. Field day offers a unique solution that is simple, affordable and effective. It’s also scalable across the U.S. to support all the communities you touch with your multi-unit brand. The majority of a restaurant’s success hinges on what happens within your store’s four walls — customer service, sanitation, food prep and quality, staffing, and business management. So going beyond those four walls to generate localized demand, especially in the absence of natural foot traffic during a pandemic, can be a huge challenge. The obstacles are compounded when you run a multi-unit business. Marketing kits and traditional advertising provided by corporate stakeholders can certainly help. And many of these efforts focus on digital and social marketing in an age where so many of us are glued to social media. While these can help increase overall national brand awareness, they don’t always reach your local community.
Consider your actual customers and where you need to build traffic most: local businesses and consumers in specific trade areas. Adding local marketing efforts to existing strategies will help your business maximize ROI and drive conversion across every channel. One study found an average engagement rate of 18.96% across all channels for campaigns using three or more channels, while single-channel campaigns scored only 5.4% engagement. The takeaway? People are more likely to take action when you make an effort across more than just Facebook. Adding layers to your marketing that include a personal touch can set your stores apart by providing consumers with a custom experience and engaging them through conversation about (and with) them. This level of engagement will create connections in the community that turn “any brand” into “my local brand” store. Finding the resources to develop this engagement can be tricky, which is why the team at Field Day developed programs
that reach local communities effectively (and at scale) to create direct connections. Field Day achieves greater levels of localized demand generation through the combination of precise targeting technology and the ability to engage leads at a local level with one-to-one human interaction — on phone or on foot. Field Day combines this with custom programs that promote specific messages and promotions tied to relevant market themes, i.e. grand re-opening awareness campaigns to help drive demand as markets begin to reopen this summer. And with access to real-time campaign data, programs can be monitored for impact. So much restaurant and hospitality marketing today is focused on the brand: your menus, your specialties, your unique flair or flavor. Stand out from the brand noise by shaking up your marketing mix with engaging, customer-focused messaging in personal campaigns. Create connections and watch customer engagement, leads and local demand soar.
To find out more about how Field Day can help you grow your demand, contact Tracy Avolio, VP of Strategic Restaurant Partnerships: tracy@fieldday.app or call: (770) 316-0597. 38 SUMMER
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FRLA PODCASTS ARE HERE!
I t ’ s t i me t o di v e deeper i n t o i s s u es i mpor t an t t o t h e i n du s t r y . L i s t en t o t h e f i r s t i n a s er i es of podcas t s des cr i bi n g ch an ges r es t au r an t s s h ou l d con s i der wh en adj u s t i n g t o t h e cos t i n cr eas es f r om t h e r i s i n g mi n i mu m wage i n F l or i da. FRL A .org
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B U S I N E S S M AT T E R S
Commission Plan Can Replace Tipping by CHARLES MUSGROVE, CPA DIRECTOR, FINANCIAL AND ACCOUNTING SERVICES, CAPSERV360 | ANSWERS THAT COUNT PODCASTER
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The increase in the wages is best shown in this chart. Yes, that’s right, a 116% increase for tipped wages and 75% increase for minimum wage.
Contact: charles@capserv360.com, property of CAPSERV360
he minimum wage is increasing for many states at a fast pace to $15, but once it hits that amount, it will continue to go up. Florida is one of those states. In November, the voters of Florida narrowly approved Amendment 2, which will increase the minimum wage to $15 by September 2026 with a tip credit of $3.02. So, in September 2026, the minimum wage will reach $15 per hour, and the tipped wage will be $11.98 According to Chad Mackay, the CEO of Fire & Vine Hospitality based out of Seattle, Washington, “these increases are an attack on the tipped employee.” Chad is more than qualified to speak about the burden these increases will impose on full-service restaurant concepts. When Seattle imposed the increases over five years ago, he calculated that the cost to two of his restaurants for tipped employees alone would be over $700,000. Facing this magnitude of cost increase, Chad and his team determined that the best way to survive without eroding profit would be a new compensation model along with implementing service charges. The new compensation model they implemented was a commission-based model for compensating servers and bartenders. The model has proven effective for his portfolio of restaurants that include El Gaucho in Seattle (ElGaucho.com/elgauchoseattle). The plan gives them a long-term solution and not just a short-term Band-Aid.
How does the Commission Model Work?
Simply put, the commission model of compensation is to pay employees based on sales. An additional benefit is under DOL rules, Section 7(i) allows for excluding overtime pay. This exclusion is commonly referred to as the 7(i) Exemption. Under this model, the servers and bartenders, the restaurant’s real sales force, are incentivized to sell more food and booze because their compensation is increased. The restaurant includes a service charge as a percentage of the ticket. 7(i) Exemption
The following is from the U.S. Department of Labor. These are the requirements 40 SUMMER
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to meet for overtime to be exempt for commission pay. If a retail or service employer elects to use the Section 7(i) overtime exemption for commissioned employees, three conditions must be met: 1. The employee must be employed by a retail or service establishment. 2. The employee’s regular rate of pay must exceed one and one-half times the applicable minimum wage for every hour worked in a workweek in which overtime hours are worked. 3. More than half the employee’s total
earnings in a representative period must consist of commissions. Unless all three conditions are met, the Section 7(i) exemption is not applicable, and overtime premium pay must be paid for all hours worked over 40 in a workweek at time and one-half the regular rate of pay. How do the Numbers Work for the Employees?
In general, the previously tipped employee will now be paid an equal or greater amount of commission pay compared to tips previously earned. In the tipped model, the employee would share tips with other team members, FLORIDA RESTAUR ANT & LOD GING A S SO CIATION
B U S I N E S S M AT T E R S
like hostess, busser, barback and others. In the commission model, the employee does not share commission pay. The bussers, hostesses and other employees now receive all of their pay from the restaurant, and their pay may be increased or decreased depending on amount of shared tips previously received. A good starting point for the commission percentage is around 15%. The net tips received under the tipping model is approximately 15% after accounting for the shared tips they share. So, this commission model should result in no harm, no pay reduction and the opportunity to make more. What’s Different for the Customer?
A service charge is now billed to the customers, and the service charge is not an optional pay item but is a required payment on the ticket. Typically the service charge percentage is between 18% and 22%, unless the service charge is tied to a private party or special event. These percentages for a service charge match the range of what is normally tipped by customers. So, in theory, the customer is paying approximately the same amount under this model as customers that tip would pay under the tipping model. Data over Drama
One of the keys to a successful implementation of this commission model is to base decisions on data. How much should the percentage of commission be? It should be based on historical data of what total pay, including tip have been, including tip share. Historical data for sales, discounts and shift should also be accounted for in determining the commission percentage to use. Using understandable and relevant data FRL A .org
to make decisions and communicate with employees is very important. As questions arise about pay, the data can be a reference point to either support or refute any questions that employees have. This sets the stage for a quick resolution of questions. Accurate and reliable data that is presented in an understandable way will help reduce the drama that could happen around change in compensation plans.
scheduled for a rapid increase to $15 and beyond. Seattle is nearing $17 per hour now. Other states have recently jumped on the train headed to $15, but the rate will not stop there. Action Plan for Implementing the Commission Model: 1.
• Wage and tip by employee
Account for All the Numbers
Restaurants that use the tipping model, which is the majority of full-service restaurants, do not report on their P&L’s about 20% of revenues and costs attributable to the operations of the restaurant. Since the employee owns the tips, tips are not counted as revenue to the restaurant, nor is the cost accounted for as a cost to the restaurant. The revenue and cost are not truly a ‘wash’ since payroll tax cost on the tips are included as a cost of the restaurant. To keep it simple, what other business excludes 20% or more of its revenues and costs? The service charge and commission model require all costs and revenues associated with the operations of the restaurant to be reported on the P&L of the restaurant. The restaurant owns service charge collected from the customer, and commissions paid to employees, plus associated payroll taxes, are reported on the books, records and P&L of the restaurant. This seems like a great improvement in accounting and financial reporting. Action Plan to Manage the Wage Increases
In many states, minimum wage is
Gather and analyze data relating to: • Sales by each tipped employee • Percentage tip share paid out by servers/bartenders
2.
Financial projections to show effect of implementation of model, compared to alternative models
3.
Financial projection should include sensitivity analysis
4.
Reports that can be shared with each employee to reflect historical data and projected compensation under new model
The commission model along with service charge is only one of the options to evaluate to help manage the increase in costs. This sole option has many, many iterations to consider and should be rolled out with extreme care. Successful implementation will take time, a lot of communication, transparency and decisions backed by data. Plan early, plan often and prepare to address questions and issues early. Also, consider consulting with an employment law attorney and CPA/ financial consultant for data analysis and projections. FLORIDA RESTAUR ANT & LOD GING
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Jackson Lewis:
Federal Appeals Court Holds ADA Does Not Require Websites To Be Accessible
A
website is not a “place of public accommodation,” and an inaccessible website is not necessarily equal to the denial of goods or services, a federal appeals court held in a groundbreaking decision under Title III of the ADA. Gil v. WinnDixie Stores, Inc., No. 17-13467 (11th Cir. Apr. 7, 2021). The Eleventh Circuit has jurisdiction over Alabama, Florida and Georgia.
Places of Public Accommodation On the issue of whether websites are “places of public accommodation,” the 11th Circuit held that a website is not a place of public accommodation because the statutory definition of “public accommodation” clearly included only physical locations, and the court refused to judicially amend Title III’s definition to include websites.
Access to Goods or Services The 11th Circuit also held that, even if a website was a service of a place of public accommodation, Winn-Dixie did not discriminate by not having a screen-reader-compatible website as an auxiliary aid because individuals with disabilities had full access to the goods and services offered in the physical store. The court found significant that the plaintiff had filled prescriptions and used paper coupons in the store for many years without difficulty. The court noted that he could continue to do so in the store despite the website’s alternative, and often faster, ways to do so. The 11th Circuit held the ADA requires that disabled patrons be given equal access to those goods and services but not necessarily in the identical way as non-disabled patrons. While the 11th Circuit appeared to say that as long as a disabled patron is able to purchase goods and services at the physical store, there is no claim under Title III if the disabled patron cannot also purchase such goods through
a website, the court did not squarely address this issue given that Winn-Dixie’s website did not sell goods.
Implications The 11th Circuit’s decision is significant for businesses that operate only online because it holds that a website itself is not a place of public accommodation to which the ADA applies. In addition, brick-and-mortar businesses, such as restaurants, that provide alternative means for disabled patrons to obtain goods and services, such as in-person or by phone or email instead of just through a website, would find good points in the court’s decision. The 11th Circuit’s decision also underscores the utility of having an accessibility statement providing an alternative means of obtaining information or goods contained on a website or providing assistance in using the website. It remains possible that the plaintiff will seek further review that could impact this decision. Moreover, other laws may apply that change the analysis. You should seek legal guidance to determine the correct course with respect to your website-related operations. Please contact a Jackson Lewis attorney with any questions about this case.
©2021 Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome. Focused on labor and employment law since 1958, Jackson Lewis P.C.’s 950-plus attorneys located in major cities nationwide consistently identify and respond to new ways workplace law intersects business. We help employers develop proactive strategies, strong policies and business-oriented solutions to cultivate high-functioning workforces that are engaged, stable and diverse, and share our clients’ goals to emphasize inclusivity and respect for the contribution of every employee. For more information, visit JacksonLewis.com. 42 SUMMER
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W XOXRXKXF O XR XC XX E
Ask the Expert:
Seasonal Staffing Discussion with a Focus on H-2B and J-1 Visas by KEITH PABIAN
K
eith Pabian is an attorney who specializes in representing restaurants, hotels and other hospitality organizations in Florida and throughout the country regarding the sponsoring of staff members for visas and permanent residency. Below, Keith answers some common questions he receives from hospitality organizations thinking about employing international workers.
Q: Can you describe the advantage of utilizing international workers? A: The biggest advantage is the ability to find workers willing and excited to perform crucial jobs at your organization. Staffing is one of — if not the — largest crises facing the hospitality industry. Employing international workers can help solve this problem. In addition, it can add culture to your organization that guests and colleagues often enjoy. Q: Can you describe the challenges in utilizing international workers? A: While international workers can solve staffing challenges, there are also some things to be aware of if you go this route. First, you need to make sure that you leave time to go through the application and international staffing process. These processes can take up to six months (H-2B visas), so you need to plan and think ahead. Those that employ international workers are also agreeing to several legal obligations under U.S. immigration laws. It is important to know your organization’s legal requirements and ensure that you are meeting them at all times prior to, during and after the workers’ employment. Q: Please explain the two types of visas available to the hospitality industry. A: The two visas primarily used in the hospitality industry are the H-2B and J-1 visas. The H-2B visa was created to allow seasonal organizations to employ workers in roles for up to 10 months of the year. It is a great visa to staff many roles at Florida’s hospitality FRL A .org
organizations. The process goes through the employer, so this is a financial and workflow undertaking for the petitioning organization. The other visa is the J-1 visa. This visa was created to allow recent graduates to come to the U.S. to further their learning in their fields of study. The two sub-types of J-1 visas that we see in the hospitality visa is the intern visa (available for up to 18 months with job rotations mandated about every 3 months) or the summer work and travel visa (available for up to 4 months).
Q: What is the timeline to keep in mind when determining if international workers could benefit your business? A: I highly recommend analyzing your staffing needs about 6 months in advance of when you need workers. This will allow you to apply for H-2B and/or J-1 visa while not missing any deadlines. Q: What types of businesses could benefit from using these workers? A: Any business! In today’s world where staffing all jobs seems just about impossible, international workers could provide a lifeline to workers willing and able to work at your organization. Keith Pabian is an immigration attorney with a national practice focused on the hospitality industry. He is also the CEO and co-founder of Seasonal Connect (SeasonalConnect.com), a software platform that was created for the hospitality industry to solve its biggest staffing and operational struggles. He can be reached at (617) 939-9444 or keith@pabianlaw.com. This article was prepared for educational purposes only. FLORIDA RESTAUR ANT & LOD GING
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ServSafe.com
FLORIDA RESTAUR ANT & LOD GING A S SO CIATION
WORKFORCE
Improve Employee Retention To Address Workforce Shortages
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mployee retention is more critical than ever for businesses that want to grow within the current market. Why? According to a survey by Deloitte, 29% of the restaurant and hospitality workforce switches jobs on an annual basis. This sobering study also documented a 2.4% increase in voluntary employee turnover, a record high in the U.S. For many employers, voluntary turnover introduces hidden costs. Attracting and hiring top talent demands an initial investment of time and resources, in addition to training your new staff. Studies say that adapting can take an employee up to eight months of onboarding. Meanwhile, Gallup reports employees who feel highly engaged are 87% less likely to leave an employer. Companies with great onboarding and training practices see 53% lower turnover rates. Delivering quality benefits can also reduce employee churn. Engage a PEO to Minimize Turnover
For companies without a dedicated human resources team, it’s challenging to address workforce shortages in a significant way. That’s where a professional employer organization (PEO) can help. PEOs are designed to help small and midsize businesses thrive. One of the leading PEOs in the country, Integrity Employee Leasing brings both the practical knowledge and longterm experience needed to make a difference for hospitality and restaurant clients. The highly credentialed, responsive team at
Integrity has a proven track record for attracting talent, improving satisfaction, enhancing employee benefits and more. » Competitive Rates and Management » Specialized Reporting » Individual Employee Portals » Training for HR Managers » Job Cost Trends and Analysis » Employee Eligibility Verification » Employee Benefit Administration » State, Federal and EEO-1 Reporting Could you benefit from partnering with Integrity Employee Leasing? Call (941) 621-9979 to discuss how comprehensive HR services could help address your workforce shortage. Learn more at IntegrityEL.com.
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Our seasoned experts can increase retention and reduce attrition, leaving business owners free to craft the perfect summer experience for customers. Competitive Rates & Management
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Individual Employee Portals
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COVID-19 LIABILITY PROTECTION
“COVID-19 Liability Protection has passed… what does this mean for my business now?”
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OVID-19 Liability Protection legislation has been signed by the Governor and is now the law in Florida. This legislation says that if you demonstrate a good faith effort to comply with existing rules, regulations, and guidance regarding COVID-19 safety and sanitation, you are immune from liability.
What is a “Good Faith” effort? This means you must make a reasonable and consistent effort to follow applicable safety rules, regulations, and guidance for the purpose of keeping your establishment, your staff and your customers safe. You should have specific protocols in place and follow them every day, to the best of your ability. It is best to document your safety and sanitation practices and protocols to demonstrate your good faith efforts. Remember: Good Faith Effort = No Lawsuit.
What rules and regulations am I following? Consider all the rules, regulations and guidance that apply to your place of business. Presently, there are no specific statewide safety regulations in place, and the governor has suspended all local government rules and regulations. This does not mean you should do nothing. There is still a declared pandemic in place, and you must demonstrate you are making a reasonable and consistent effort to keep your establishment, your team and your customers safe. The guidance documents offered by the CDC and OSHA are two sets of guidance you could use. If their guidance conflicts with one another, be sure to make a good faith effort to comply with at least one set of recommendations.
What happens if I do not make a good faith effort? If it is determined that a business does not make a good faith effort to comply with existing rules, regulations and guidance in order to protect the establishment, its employees and its customers, then it is possible a lawsuit against the business would be allowed to proceed forward. It the lawsuit moves forward, the plaintiff will have to prove by clear and convincing evidence that the business acted with gross negligence. This means the plaintiff must prove to a reasonable certainty that a business acted recklessly. In the midst of a declared global pandemic, taking little to no action in regard to the safety and sanitation of the business establishment could easily be deemed reckless. Continue to be steadfast in your efforts to keep your business, your staff and your customers safe. This article is for reference only and should not be deemed legal advice. For details and guidance regarding your legal duties and responsibilities and how to comply with existing laws and regulations, please seek legal counsel. 46 SUMMER
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EMERGENCY MANAGEMENT
Emergency Management 2021
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FR&L sat down with Geoff Luebkemann of FRLA recently and asked him some questions about emergency management in Florida. He has been involved in the State Emergency Response Team (SERT) for more than two decades in various roles. Currently he leads FRLA’s efforts in Emergency Support Function (ESF) 18, Business, Industry and Economic Stabilization and is the Senior Vice President for Education & Training at FRLA.
Q: Can you describe the importance of FRLA’s involvement in the private sector partnership and ESF 18? A: Being named as a primary private sector partner in the state’s Comprehensive Emergency Management Plan, the organizing document and actual “playbook” for emergency responses, is both a tremendous honor and a responsibility. It means that FRLA is an official component of the SERT and must commit time and resources to staffing emergency activations. crucial decisions are made, resources allocated and problems solved is beyond measure. Q: What do you see as the lay of the land for emergency management for 2021? A: The Florida Division of Emergency Management (DEM), a state government unit that reports directly to the governor, is one of, if not the, best of its kind in the U.S. DEM has its roots all the way back to lessons learned from Hurricane Andrew, when we lacked a fully integrated state and county response framework. Since those days, DEM has trained relentlessly, been tested rigorously by actual emergencies and recruited nontraditional partners such as private industry to ensure we bring the best possible team and resources to any situation. The amount of experience and capability that DEM and the SERT bring to bear are formidable, and I expect more of that same level of excellence this year. I strongly recommend every business leader and Florida resident visit FloridaDisaster.org. Q: What should the hospitality industry be focusing on as it prepares for the 2021 storm season? A: Business organizations must plan for all types of emergencies. In Florida, our FRL A .org
thinking can tend toward storm-centric, but the list of hazards that can sideline a business is much broader than weather events. C-suite and enterprise-level leaders must prioritize this as matter of organizational culture and ensure that it gets appropriate attention throughout the business down to the operating unit or property level. “If you fail to plan, you plan to fail” is a bit hackneyed but nonetheless true. Two critical aspects of successful planning for hospitality businesses are to ensure employees have individual and family plans, and that the business and its team know how to rally and communicate after an event. Visit FloridaDisaster.org and Get a Plan!
Q: What are the most important things for business leaders to remember for disaster recovery? A: The most important thing to do is to put the effectiveness of the response first, prioritizing people over profit until critical needs are met and the immediate pain of the situation is dealt with. Hospitality operators are highly competitive, but the response and recovery phases of an emergency must be undertaken with the greater good in focus. Our industry has consistently demonstrated selflessness and care for neighbors in these situations by feeding and lodging those in need and continuing in that mode of “whatever it takes” to comfort those affected and getting lives restored to normal is noble and essential. Q: What was your biggest “aha!” moment as you led FRLA’s response for DEM these last few seasons? A: The positive impact of being embraced as a full partner with DEM. There was a time when the business community was not included in fundamental planning and discussions yet were expected to devote
people and resources to meet emergency needs. Now, rather than being viewed simply as a commodity, we are welcomed as full partners through all phases of emergency management, from blue skies to response and recovery.
Q: Do you have any memorable moments or experiences from the SERT? A: Of many memorable moments being involved with the SERT, two situations come to mind. Both underscore the resiliency and capability of the SERT. First are the historic storm seasons of 2004–05 when, in summary, the SERT was simultaneously responding to five tropical storms. This demonstrated the SERT’s deep reach and commitment to mission. The second was the tragic Deep Water Horizon environmental disaster. This event underscored the SERT’s effectiveness and range in matters not weather related, when it was essential to protect Florida’s hospitality economy from the images broadcast internationally on the news each night, mischaracterizing impacts to Florida. Q: What is your favorite hurricane provision? A: Peanut butter (crunchy!!) and crackers! FLORIDA RESTAUR ANT & LOD GING
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H O S P I TA L I T Y H A P P E N I N G S
We are proud to highlight the latest happenings in hospitality. This section is designed to serve as an update on our industry and provide a snapshot of what we’re accomplishing together. If you would like to share something significant that’s happening in your area, feel free to submit your story to editor@frla.org.
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Northeast Chapter ProStart Competition: FRLA’s Northeast Chapter county ProStart programs opted to hold their own competition this year after the statewide competition was cancelled due to the pandemic. Clay County and Duval County showcased their finest in a traditional culinary competition hosted by each county. These were judged, and placings were awarded to winners.
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1. Clay County ProStart competition winners, Middleburgh High School 2. Frank H Peterson Academy's culinary student competitors receiving feedback from the tasting judges 3. Clay County ProStart competition winners, Middleburgh High School showing off their dishes 4. Duval County ProStart student competitors
5. Nicole Amidon, Palm Beach Marriott, Jodi Cross Palm Beach Regional Director, Jason Emmett, Sundy House, Roger Amidon, Palm Beach Marriott, Sean Rigotti, Palm Beach Marriott enjoyed a great event with the Palm Beach Chapter 6. FRLA's Charlotte Chapter (formerly Gulf Island Coast Chapter) donate $4,000 to support local high school and vo-tech schools for their culinary programs at their 2021 Tourism Awards Luncheon honoring students and staff in the local hospitality industry 7. Chairman Marcellus Osceola, Governor Ron DeSantis and representatives from the Seminole Tribe of Florida together after the Compact was signed 8. Lois Croft FRLA Director and Sean Doherty Punta Gorda, Englewood Beach Visitor Bureau honor Nanci Wendzel with a Front of the House Hero award at the Tourism Award Luncheon in Charlotte County 9. Catherine Curtis, PhD, is the new Director and Associate Professor in the School of Resort and Hospitality Management at Florida Gulf Coast University, Jay Johnson, Chapter President with Owner of Bubba’s Roadhouse and RD Lois Croft
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FLORIDA RESTAUR ANT & LOD GING A S SO CIATION
SUMMER BOARD MEETING
FRLA's Summer Board Meeting was held at the beautiful Wyndham Grand Clearwater Beach. With this being the first in-person board meeting since 2019 due to COVID-19, attendance was awesome and everyone was thrilled to be there. During the meeting, FRLA not only conducted Board business but also hosted a Best Practices Minimum Wage Roundtable, emceed by Answers That Count podcaster Charles Musgrove and featuring Chad MacKay. They spoke about the commission-based model for restaurants. In addition, Lisa Lombardo, HDG Hotels, moderated a great Q&A about workforce topics with a supplier, a restaurateur and a hotelier.
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1. Mike Campbell, Blue Angels Foundation, Carol Dover, FRLA, Moriah Murphy, UHC, Chairman Jim Shirley, Jim Shirley Enterprises, Nick Sarra, Saltwater Restaurants and Bernie Willett, Blue Angels Foundation posed with the group and their new flight jackets 2. FRLA's Samantha Padgett, Senator Jennifer Bradley and Monesia Brown, Wal Mart 3. Rob Grimes, IFBTA, Sheldon Suga, Hawks Cay and Don Fox, Firehouse Subs enjoyed getting back together in-person 4. Great to see the Island Oasis team back in action at the Summer Board Meeting 5. Ryan Turner, Connor's Steaks & Seafood, Nicole Bailey, Lee County School District, Lois Croft, FRLA Regional Director, Tony Davenport, Florida Hospitality Risk Advisors and Todd Cicero Florida Hospitality Risk Advisorshad a great time at the Reception 6. Jim McManemon, The Ritz-Carlton, Nicole Chapman, FRLA Regional Director and Greg Cook, The Ritz-Carlton Amelia Island spent some time together at the meeting 7. Bharat Patel, AAHOA, Navroz Saju, HDG Hotels, Carol Dover, FRLA, Lisa Lombardo, HDG Hotels and Ken Greene, AAHOA discussed lodging issues during the meeting 8. Anne Rollings, Gecko's, Hillary Turlington, Gas South, Ashley Gholston, FRLA and Dean Heyl, AAHOA spent a few moments together during the event 9. Joe Quinlivan, Eddie Gourley, Yuengling, Yuengling Tom Frost, TG Frost, and Moriah Murphy, UHC schmoozedit up for the camera 10. Carol Dover, FRLA, Melanie Becker, Universal Orlando, Secretary Julie Brown, DBPR, Representative Josie Tomkow, Andy Palmer, Metz, Husband & Daughton and Samantha Padgett.
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A LA CARTE
GreatFloridaJob.com FRLA has created the GreatFloridaJob.com website for job seekers and employers. The website is specifically for hospitality industry jobs. Be sure to check it out and post your jobs and find one at GreatFloridaJob.com!
CORE Recognizes FRLA as Corporate Partner CORE (Children of Restaurant Employees) recently held a virtual partner recognition ceremony to showcase organizations that provided support during 2020. We are proud to say that FRLA was named as a Gold Partner along with The Cheesecake Factory, Oscar & Evelyn Overton Charitable Foundation, Bunzl and Trinchero Family Estates. Many other groups were recognized at other levels, including Anheuser-Busch, Tequila PATRON, Capital One, Rodney Strong, DELICATO Family Wines, Yuengling, MONIN and others. FRLA was the only state restaurant association (SRA) named as a partner at this level. We are pleased to be a supporter and partner of CORE. To find out how you can support CORE, visit COREgives.org.
Island Oasis Margarita of the Month! Keep things fresh in your restaurant or bar with Island Oasis’ Margarita of the Month! Learn more here.
MPLC Some FRLA members may have received inquiries from MPLC (Motion Picture Licensing Corporation) with respect to obtaining their Umbrella License for public showings of movies and TV in restaurants, bars and hotels. We recognize that copyright compliance may be a new topic for some members. If you provide entertainment in your establishment, whether it’s film, television or just music, you may be required to obtain a license. Federal Copyright Laws require that a commercial establishment obtain a license if it rebroadcasts or publicly performs entertainment. A license is relatively inexpensive whereas fines for noncompliance can be significant. FRLA has negotiated a discount on the Umbrella License for our members. For more information, visit MPLC.
HUMAN TRAFFICKING FRLA’s course will help you and your staff: • Recognize the signs of human trafficking • Learn best practices to protect victims and businesses • Promote anti-trafficking awareness
Order online at StopHumanTraffickingFL.com | Call today 888-524-2118 50 SUMMER
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FLORIDA RESTAUR ANT & LOD GING A S SO CIATION
M O V E R S A N D S H A K E R S / I N PA S S I N G
Movers and Shakers: Brenda Moons It is with great pleasure that we welcome Brenda Moons as Director of Operations, RCS Training. Brenda will join us June 1, bringing over 20 years of executive level experience in hospitality training sales, marketing and product development. She has successfully fostered high-level relationships with Fortune 500 companies, U.S. government agencies, and international government and educational institutions. She has overseen domestic and global sales efforts across five time zones, including offices in Beijing, Mumbai and Tunis. Brenda is highly experienced at closely engaging with her teams to monitor ever-shifting market demands and the competitive environment while working with internal stakeholders to ensure continual focus on organizational goals. Brenda’s background includes strategic planning, revenue and profitability responsibility, experience producing large online projects, management of multimedia teams, and operating under intense deadlines to ensure budget and profitability objectives were met. She enjoys growing long-term client relationships, and mentoring team members for professional growth and long-term organizational success. Brenda holds a B.S.B.A in production management from Florida Southern College, a certificate in interactive courseware development from the American Film Institute in Hollywood, California, and is a member of the Council of Hotel and Restaurant Trainers (CHART).
Mary Rogers appointed General Manager of Montage Laguna Beach California Mary Rogers has been appointed as the General Manager of the Montage Laguna Beach. With two decades of luxury hospitality industry experience, Rogers will oversee all day-to-day operations of the 30-acre beachfront sanctuary perched on a coastal bluff overlooking the Pacific Ocean. Rogers joins Montage Laguna Beach from Fontainebleau Miami Beach, where she was the first female general manager since the hotel’s opening in 1954 and was responsible for all operational components of the iconic resort. Rogers originally joined the Fontainebleau as vice president of operations, rooms in 2009 and was promoted to general manager in 2018. Congratulations on this new endeavor. We will miss you, Mary!
Welcome Nicolette Hoffman! Nicolette Hoffman serves as the Legislative Analyst and Coordinator for FRLA’s Government Relations team. Hoffman creates and coordinates legislative and advocacy messaging, plans meetings and events, tracks and analyzes state and federal policy and legislation, and provides administrative support to the GR Team. Prior to joining FRLA, Hoffman served as the Events and Marketing Coordinator for the Jim Moran Institute for Global Entrepreneurship, managing the Institute’s special events and implementing its marketing calendar. Hoffman served as Licensing and Marketing Manager for Citilabs. She has also held internships at the United States Senate Commerce Committee, The Hawthorn Group, a public affairs firm based in Washington, D.C., and Associated Industries of Florida. Hoffman is a member and spokesperson for the Myasthenia Gravis Foundation of America and received the Foundation’s 2017 Young Person of the Year Award. She holds a bachelor’s degree in public relations from the University of Florida. In her spare time, she enjoys outdoor activities including hiking and running. FRL A .org
In Passing: Denzil Noronha Denzil Noronha, General Manager of the Holiday Inn Express & Suites was part of the Florida Restaurant & Lodging Association’s Space Coast Board of Directors for the last 6 years, representing the industry he loved so much. He recently passed on and is survived by his wife, Freda Noronha and his children. FRLA Regional Director Dannette Lynch noted “It’s not often that life brings us someone as special as him, and we are very grateful to have known and worked beside him. His love for life was second to none and his contagious smile touched so many during his lifelong tenure in the hospitality & cruise industry. Please keep his family and friends in your prayers, and may we pray that he has found comfort and peace.” Godspeed, Denzil. FLORIDA RESTAUR ANT & LOD GING
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Florida Restaurant & Lodging Association
SEAL OF COMMITMENT
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Want your guests to feel safe and secure in your hotel or restaurant?
Want to demonstrate your commitment to rebuilding and restoring Florida’s hospitality and tourism industries?
Want to have a market differentiator that ensures thousands of dollars in positive marketing?
Earn your Seal of Commitment today at FRLA.org/SealOfCommitment/. Complete the online application, and an FRLA representative will contact you to confirm the information, schedule necessary training, and award your Seal of Commitment designation.
CONGRATULATIONS to our newest Seal of Commitment designees! NORTHWEST FLORIDA The Bay, Santa Rosa Beach SOUTHWEST FLORIDA Beach Road Wine Bar & Bistro, Englewood The Waverly, Englewood Four Points by Sheraton Harborside, Punta Gorda TREASURE COAST Best Western Stuart, Stuart
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E D U C AT I O N A L F O U N D AT I O N
FRLA’s Educational Foundation Another success story for one of our hospitality students
W
hen Seth Albert was a freshman at Marjory Stoneman Douglas High School, he learned about the opportunity to enroll in the HTMP program. He had not decided on his future career but had always been told he had a customer-focused mindset. Little did he know that he would be finding the career he had been looking for. Seth took hospitality courses all four years, and through this exploration, he found a career that was a great match for what he was looking for. Four years after enrolling in the program, he graduated high school with numerous industry certifications that he earned in HTMP, such as front desk supervisor and ServSafe Manager, as well as Microsoft Office Specialist. He felt well prepared for success at the next level. “In class, we focus on customers as a priority, and there are always obstacles that arise, which are just opportunities to show guests they are our No. 1 priority,” said his high school teacher, Mitchell Albert MBA, CHI, who runs the HTMP program at Marjory Stoneman Douglas High. Albert continued, “Seth is one of the many students who have gone on to study hospitality from our program and are thriving despite the issues caused by the pandemic.” Seth is studying hospitality management at Lynn University in Boca Raton. When he applied for an internship in the lodging industry, he found the Front Desk Supervisor Industry Certification he earned in HTMP helped him stand apart from other candidates who were also seeking employment. That certification allowed Seth to get a position as an intern at the front desk of the new Marriott Fairfield Inn in Deerfield Beach. Seth said, “Not only did earning my front desk supervisor help me land the job, but I have a better understanding of the role I play in the organization than a typical new hire.” Seth also pointed out that in the short time he has been there, he has received compliments on his overall knowledge and positive attitude. Seth also feels that as the country comes out of the coronavirus pandemic, demand for hospitality services will skyrocket. He points out, “This is an amazing time to be in the industry as demand for services increase, I will have the chance to take on more responsibility and the promotion opportunities will be plentiful”. Seth said, “The HTMP program I took in high school not only prepared me for success in college but also helped me get the confidence I needed that the hospitality field was where I would find a rewarding career, where I could put my skills to work.” FRL A .org
UNIVERSAL SPONSOR
GLOBAL SPONSORS
FLORIDA RESTAUR ANT & LOD GING
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REGIONAL REGIONAL REGIONAL DIRECTOR DIRECTOR DIRECTOR &&CHAPTER MAP MAP &CHAPTER CHAPTER MAP
ROZETA ROZETA ROZETA MAHBOUBI MAHBOUBI MAHBOUBI 954.270.5814 954.270.5814 954.270.5814 | rmahboubi@frla.org | rmahboubi@frla.org | rmahboubi@frla.org
KERI KERI BURNS KERI BURNS BURNS 407.256.7660 407.256.7660 407.256.7660 | kburns@frla.org | kburns@frla.org | kburns@frla.org
GULF GULF GULF ISLAND ISLAND ISLAND COAST COAST COAST
JASON JASON JASON SCHIESS SCHIESS SCHIESS 850.841.0915 850.841.0915 850.841.0915 | JSchiess@frla.org | JSchiess@frla.org | JSchiess@frla.org
LEE LEELEE
FLORIDA FLORIDA FLORIDA INNS INNS INNS Statewide Statewide Statewide Chapter Chapter Chapter
COLLIER COLLIER COLLIER
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FR FR L FR A LA .O L. O R A G/ R .OGME RG / MEMB /MB MEMB E RS E RS EHI RS HI PP HI P
FLORIDA RESTAUR ANT & LOD GING A S SO CIATION
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CPFM SCHEDULE
ALTAMONTE SPRINGS
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Hampton Inn
BOCA RATON
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Hilton Garden Inn
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The Shores Resort & Spa
FORT LAUDERDALE
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Hyatt Place
FORT MYERS
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Hilton Garden Inn
FORT PIERCE
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Sunshine Kitchen
FORT WALTON
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Wyndham Garden
GAINESVILLE
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Best Western Gateway Grand
JACKSONVILLE
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Southbank Hotel
JACKSONVILLE BEACH
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Four Points by Sheraton
KEY WEST
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DoubleTree Grand Key Resort
LAKELAND
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Courtyard by Marriott
MELBOURNE
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Holiday Inn Melbourne-Viera
MIAMI ENGLISH
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Hilton Garden Inn Miami Airport
MIAMI SPANISH
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Hilton Garden Inn Miami Airport
NAPLES
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DoubleTree Suites
OCALA
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Homewood Suites Ocala at Heath Brook
ORLANDO ENGLISH
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Embassy Suites
ORLANDO SPANISH
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Embassy Suites
PANAMA CITY
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Gulf Coast State College
PENSACOLA
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Hampton Inn Pensacola Airport
SARASOTA
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EVEN Hotel Sarasota-Lakewood Ranch
ST AUGUSTINE
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Holiday Inn Express & Suites
ST PETERSBURG
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Holiday Inn Express
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Lively Technical Center
TAMPA ENGLISH
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Holiday Inn Tampa Westshore
TAMPA SPANISH
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Holiday Inn Tampa Westshore
WESLEY CHAPEL
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Hampton Inn & Suites
WEST PALM BEACH
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Embassy Suites West Palm Beach
CITY
* Dates are tentative
FRL A .org
LOCATION
Food Manager Training & Testing Schedule To register, call toll-free (866) 372SAFE (7233) or visit safestaff.org. DEADLINE FOR REGISTRATION: Register for training at least three business days prior to exam date or 10 business days prior for Test With Confidence Packages.
Dates subject to change without notice. Please see SafeStaff.org for current schedule.
Get ServSafe® Results Immediately ServSafe® offers eCertificates! All ServSafe Food Protection Managers Exam results include ServSafe® eCertificates. No need to wait for certificates in the mail. Log in and download your certificate as soon as your exam is graded! You can even share it electronically with your company via an email share link. Find out more: ServSafe.com.
safestaff.org FLORIDA RESTAUR ANT & LOD GING
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