Florida Senate - 2010                             CS for SB 2042
       
       
       
       By the Committee on Governmental Oversight and Accountability;
       and Senator Wise
       
       
       
       585-04974-10                                          20102042c1
    1                        A bill to be entitled                      
    2         An act relating to the College and Career Transition
    3         Assistance Act; providing a short title; providing
    4         definitions; providing legislative findings and
    5         intent; establishing a school-to-work program to be
    6         operated in any school, Department of Juvenile Justice
    7         facility, or charter school; providing requirements
    8         for participation in the program; creating an
    9         endowment fund within the Florida Endowment Foundation
   10         for Florida’s Graduates; creating the Florida
   11         Endowment Foundation for Florida’s Graduates;
   12         establishing a board of directors; providing for
   13         membership; providing terms; providing powers and
   14         duties; requiring an annual audit report; requiring
   15         that the board submit a report to the Governor, the
   16         Legislature, and the Commissioner of Education;
   17         requiring that the Department of Education adopt
   18         rules; providing an effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. College and Career Transition Assistance Act.—
   23         (1) SHORT TITLE.—This section may be cited as the “College
   24  and Career Transition Assistance Act.”
   25         (2) DEFINITIONS.—For the purposes of this section, the
   26  term:
   27         (a) “Board” means the board of directors of the Florida
   28  Endowment Foundation for Florida’s Graduates.
   29         (b) “Department” means the Department of Education.
   30         (c) “Endowment fund” means an account established within
   31  the Florida Endowment Foundation for Florida’s Graduates to
   32  provide a continuing and growing source of revenue for efforts
   33  relating to the transition from school to work.
   34         (d) “Foundation” means the Florida Endowment Foundation for
   35  Florida’s Graduates.
   36         (3) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
   37  that it is in the best interest of the state to have a well
   38  educated and skilled workforce in order to be competitive in a
   39  changing economy. It is the intent of the Legislature to ensure
   40  a skilled workforce by creating a formal program that
   41  facilitates the important transition from school to work and to
   42  provide additional funding to achieve this goal. Therefore, the
   43  Legislature finds that it is:
   44         (a) Important to increase each student’s understanding of
   45  postsecondary educational opportunities and career and work
   46  readiness skills.
   47         (b) Appropriate to encourage individual and corporate
   48  support and involvement, as well as state support and
   49  involvement, to promote employment opportunities for Florida’s
   50  students.
   51         (4) SCHOOL-TO-WORK PROGRAMS.—Except as otherwise provided
   52  by law or by department rule, there is established a school-to
   53  work program that shall be operated according to the process and
   54  outcome standards of the department’s initiatives.
   55         (a) A school-to-work program may be operated in any school
   56  district, Department of Juvenile Justice facility, or charter
   57  school.
   58         (b) Participating organizations must be demographically
   59  balanced to include urban and rural schools and be comprised of
   60  schools in all geographic areas of the state. Each school that
   61  is selected to participate in a school-to-work program shall
   62  enter into a formal written agreement with the State Board of
   63  Education which, at a minimum, details the responsibilities of
   64  each party and the process and goals of the program.
   65         (c) Each participating school, Department of Juvenile
   66  Justice facility, or charter school shall select and approve
   67  each student for participation in the school-to-work program
   68  based on the student’s classification as an at-risk student.
   69         (5) REVENUE FOR THE ENDOWMENT FUND.—
   70         (a) An endowment fund is created as a long-term, stable,
   71  and growing source of revenue which shall be administered by the
   72  foundation pursuant to rules adopted by the department.
   73         (b) The principal of the endowment fund shall consist of
   74  legislative appropriations and bequests, gifts, grants, or
   75  donations solicited from public or private sources by the
   76  foundation.
   77         (c) The foundation shall invest and reinvest moneys from
   78  the principal of the endowment fund pursuant to ss. 215.44
   79  215.53, Florida Statutes. Interest and investment income earned
   80  from moneys in the endowment fund shall be annually transmitted
   81  to the foundation, based upon a fiscal year beginning July 1 and
   82  ending June 30, and shall be used to provide for the following:
   83         1. Planning, research, and policy development for issues
   84  related to school-to-work transition and publications and
   85  dissemination of such information as may serve the objectives of
   86  this section.
   87         2. Promotion of initiatives for school-to-work transition.
   88         3. Funding of programs that engage in, contract for,
   89  foster, finance, or aid in job training and counseling for
   90  school-to-work transition research, education, or demonstration,
   91  or other related activities.
   92         4. Funding of programs that engage in, contract for,
   93  foster, finance, or aid in activities designed to advance better
   94  public understanding and appreciation of the school-to-work
   95  transition.
   96         (6) THE FLORIDA ENDOWMENT FOUNDATION FOR FLORIDA’S
   97  GRADUATES.—
   98         (a)The Florida Endowment Foundation for Florida’s
   99  Graduates is created, in support of the Department of Education,
  100  to encourage public and private support and enhance the
  101  transition of students from school to work. The foundation shall
  102  be registered, incorporated, organized, and operated in
  103  compliance with chapter 617, Florida Statutes. The foundation,
  104  under contract with the department, shall operate in the most
  105  open and accessible manner consistent with its public purpose.
  106  The Florida Endowment Foundation for Florida’s Graduates and its
  107  boards and advisory committees or similar groups created by the
  108  foundation shall be subject to the provisions of chapter 119,
  109  Florida Statutes, relating to public records and those
  110  provisions of chapter 286, Florida Statutes, relating to public
  111  meetings and records.
  112         (b)The Florida Endowment Foundation for Florida’s
  113  Graduates shall be governed by a board of directors. The board
  114  of directors shall consist of 14 members as follows:
  115         1. Three members, each of whom represents business and
  116  industry, appointed by the Governor.
  117         2. One member, who represents small business, appointed by
  118  the President of the Senate.
  119         3. One member, who represents a high-wage or high-growth
  120  industry, appointed by the Speaker of the House of
  121  Representatives.
  122         4. The Commissioner of Education or his or her designee.
  123         5. The director of the Agency for Workforce Innovation or
  124  his or her designee.
  125         6. The Secretary of Juvenile Justice or his or her
  126  designee.
  127         7. The Chancellor of the Division of Florida Colleges or
  128  his or her designee.
  129         8. The Chancellor of Career and Adult Education or his or
  130  her designee.
  131         9. One member from the Florida Legislative Black Caucus.
  132         10. One member from the Florida Hispanic Legislative
  133  Caucus.
  134         11. One member from the Commission on African-American
  135  Affairs.
  136         12. One member from the State Commission on Hispanic
  137  Affairs.
  138         (c)Each member shall have an interest in the transition of
  139  students from school to work and, if practicable, shall have:
  140         1.Skills relating to work in a foundation or fundraising
  141  activities, financial consulting, investment banking, or other
  142  related experience; or
  143         2.Experience in policymaking or executive-level positions
  144  or have distinguished themselves in the fields of education,
  145  business, or industry.
  146         (d)Vacancies for the members who are appointed shall be
  147  filled in the same manner as the original appointment. Such
  148  members shall be appointed for terms of 3 years or until
  149  resignation or removal for cause, except that members appointed
  150  to serve initial terms shall be appointed to staggered terms of
  151  1, 2, and 3 years, respectively.
  152         (e) Appointive members are eligible for reappointment and
  153  may be removed for cause.
  154         (f)A vacancy on the board of directors shall be filled for
  155  the remainder of the unexpired term.
  156         (g)A chairperson shall be appointed from the membership
  157  for a term of 2 years and may be reappointed. However, the
  158  chairperson may not serve more than 6 consecutive years.
  159         (h) Each member is accountable for the proper performance
  160  of his or her duties. Members may be removed from office for
  161  malfeasance, misfeasance, neglect of duty, incompetence, or the
  162  permanent inability to perform official duties or for pleading
  163  nolo contendere to, or being found guilty of, a crime.
  164         (7) ORGANIZATION, POWERS, AND DUTIES.—Within the limits
  165  prescribed in this section:
  166         (a) Upon appointment of its members, the board shall meet
  167  and organize. Thereafter, the board shall hold such meetings as
  168  are necessary to administer this section.
  169         (b) The board may solicit and receive bequests, gifts,
  170  grants, donations, goods, and services. Any gift that is
  171  restricted as to its purpose may be used only for the purpose or
  172  purposes stated by the donor.
  173         (c) The board may enter into contracts with the Federal
  174  Government, the state, local agencies, private entities, or
  175  individuals in order to carry out the purposes of this section.
  176         (d) The board may identify, initiate, and fund programs to
  177  carry out the purposes of this section.
  178         (e) The board may make gifts or grants to:
  179         1. The state, or any political subdivision thereof, or any
  180  public agency of state or local government.
  181         2. A corporation, trust, association, or foundation
  182  organized and operated exclusively for charitable, educational,
  183  or scientific purposes.
  184         (f) The board may advertise and solicit applications for
  185  funding and shall evaluate applications and program proposals
  186  submitted to the board.
  187         (g) The board shall monitor, review, and annually evaluate
  188  funded programs to determine whether funding should be
  189  continued, terminated, reduced, or increased.
  190         (h) The board shall operate the programs to ensure that the
  191  goals of this section are met and shall recommend to the
  192  Department of Education the adoption of rules as may be
  193  necessary.
  194         (i) The board may take such additional actions, including
  195  independently organizing and conducting hiring, as are deemed
  196  necessary and appropriate to administer the provisions of this
  197  section. An employment position with the foundation is not state
  198  employment.
  199         (8) ANNUAL AUDIT.—The board shall cause to be conducted an
  200  annual audit of the foundation’s financial accounts by an
  201  independent certified public accountant. The annual audit report
  202  shall be submitted to the Auditor General and the Department of
  203  Education for review. The Auditor General and the department may
  204  require and receive from the foundation, or from its independent
  205  auditor, any relevant detail or supplemental data.
  206         (9) ASSESSMENT OF PROGRAM RESULTS.—The foundation shall
  207  assess the success of the programs by:
  208         (a) Reviewing the program’s activities and submitting a
  209  report to the Department of Education and the Legislature on or
  210  before August 1 of each year.
  211         (b) Coordinating an ongoing longitudinal study of
  212  participants to determine the overall efficacy of the program.
  213         (10) ANNUAL REPORT.—The board shall submit a report to the
  214  Governor, the President of the Senate, the Speaker of the House
  215  of Representatives, and the Commissioner of Education on or
  216  before January 1 of each year, which summarizes the performance
  217  of the endowment fund for the previous fiscal year and the
  218  foundation’s fundraising activities and performance, and details
  219  those activities and programs supported by the earnings on the
  220  endowment principal or by bequests, gifts, grants, donations,
  221  and other valued goods and services received.
  222         (11) RULES.—The Department of Education shall adopt rules
  223  to administer this section.
  224         Section 2. This act shall take effect July 1, 2010.