Florida Senate - 2012                                    SB 1398
       
       
       
       By Senator Gardiner
       
       
       
       
       9-00863A-12                                           20121398__
    1                        A bill to be entitled                      
    2         An act relating to regional workforce boards;
    3         providing a short title; amending s. 445.007, F.S.;
    4         authorizing the chief elected official in the area of
    5         a regional workforce board to appoint representatives
    6         to the board if authorized by the Governor; requiring
    7         members and the executive director of a regional
    8         workforce board to make financial disclosures;
    9         providing that the selection of the chair of a
   10         regional workforce board is subject to the approval of
   11         the Governor; providing that members of a regional
   12         workforce board serve at the pleasure of the Governor;
   13         requiring that staff of the Department of Economic
   14         Opportunity, under the direction of Workforce Florida,
   15         Inc., assign staff to review the performance of
   16         regional workforce boards; reinstating expired
   17         provisions that restrict the ability of a regional
   18         workforce board to use state or federal funds for
   19         meals, food, or beverages and that prohibit a board
   20         from using state or federal funds for entertainment
   21         costs or recreational activities for board members or
   22         employees; reinstating expired provisions that limit
   23         the ability of a regional workforce board to enter
   24         into contracts with a member, employee, or relative of
   25         a member or employee of the board; requiring a
   26         regional workforce board to develop an annual budget,
   27         subject to the approval of the chief elected official
   28         of the area; requiring the regional workforce board to
   29         submit its budget for review to Workforce Florida,
   30         Inc.; making technical and grammatical changes;
   31         amending s. 445.009, F.S.; deleting the expiration of
   32         a provision relating to the determination of the wages
   33         of a participant in an adult or youth work experience
   34         activity; making technical and grammatical changes;
   35         requiring Workforce Florida, Inc., to evaluate the
   36         means to establish a single, statewide-workforce
   37         system brand and to report its findings and
   38         recommendations to the Governor by a specified date;
   39         providing an effective date.
   40  
   41  Be It Enacted by the Legislature of the State of Florida:
   42  
   43         Section 1. This act may be cited as the “Regional Workforce
   44  Boards Accountability Act.”
   45         Section 2. Section 445.007, Florida Statutes, is amended to
   46  read:
   47         445.007 Regional workforce boards.—
   48         (1)(a) One regional workforce board shall be appointed in
   49  each designated service delivery area and shall serve as the
   50  local workforce investment board pursuant to the Workforce
   51  Investment Act of 1998, 29 U.S.C. 2801 et. seq. Pub. L. No. 105
   52  220. The membership of the board shall be consistent with and
   53  limited to the members described in 29 U.S.C. 2832(b)(2)(A) Pub.
   54  L. No. 105-220, Title I, s. 117(b). The board may also include
   55  other individuals and representatives of entities who are
   56  appointed by the chief elected official in the local area if
   57  authorized by the Governor.
   58         (b) The board shall include one nonvoting representative
   59  from a military installation if a military installation is
   60  located within the region and the appropriate military command
   61  or organization authorizes such representation. It is the intent
   62  of the Legislature that membership of a regional workforce board
   63  include persons who are current or former recipients of welfare
   64  transition assistance as defined in s. 445.002(2) or workforce
   65  services as provided in s. 445.009(1) or that such persons be
   66  included as ex officio members of the board or of committees
   67  organized by the board. The importance of minority and gender
   68  representation shall be considered when making appointments to
   69  the board.
   70         (c) The board, its committees, subcommittees, and
   71  subdivisions, and other units of the workforce system, including
   72  units that may consist in whole or in part of local governmental
   73  units, may use any method of telecommunications to conduct
   74  meetings, including establishing a quorum through
   75  telecommunications, provided that the public is given proper
   76  notice of the telecommunications meeting and reasonable access
   77  to observe and, when appropriate, participate. Regional
   78  workforce boards are subject to chapters 119 and 286 and s. 24,
   79  Art. I of the State Constitution.
   80         (d) If the regional workforce board enters into a contract
   81  with an organization or individual represented on the board of
   82  directors, the contract must be approved by a two-thirds vote of
   83  the board, a quorum having been established, and the board
   84  member who could benefit financially from the transaction must
   85  abstain from voting on the contract. A board member must
   86  disclose any such conflict in a manner that is consistent with
   87  the procedures outlined in s. 112.3143.
   88         (e) Each member of a regional workforce board who is not
   89  otherwise required to file a financial disclosure pursuant to s.
   90  8, Art. II of the State Constitution or s. 112.3144 shall file a
   91  disclosure of financial interests pursuant to s. 112.3145. The
   92  executive director or other person responsible for the
   93  operational and administrative functions of the regional
   94  workforce board who is not otherwise required to file a
   95  financial disclosure pursuant to s. 8, Art. II of the State
   96  Constitution or s. 112.3144 shall file a disclosure of financial
   97  interests pursuant to s. 112.3145.
   98         (2)(a) The regional workforce board shall elect a chair
   99  from among the representatives of businesses in the local area
  100  who:
  101         1. Are owners of businesses, chief executives or operating
  102  officers of businesses, and other business executives or
  103  employers who have optimum policymaking or hiring authority;
  104         2. Represent businesses that offer employment opportunities
  105  similar to the employment opportunities of the local area; and
  106         3. Are appointed from among individuals nominated by local
  107  business organizations and business trade associations.
  108         (b) The chair is subject to approval by, and serves at the
  109  pleasure of, the Governor. A chair shall be appointed described
  110  in Pub. L. No. 105-220, Title I, s. 117(b)(2)(A)(i) to serve for
  111  a term of no more than 2 years and shall serve no more than two
  112  terms.
  113         (c) The executive director of the board or other person
  114  responsible for the operational and administrative functions of
  115  the board is subject to approval by, and serves at the pleasure
  116  of, the Governor.
  117         (d) The Governor may remove a member of the board for
  118  cause. As used in this paragraph, the term “cause” includes, but
  119  is not limited to, engaging in fraud or other criminal acts,
  120  incapacity, unfitness, neglect of duty, or official incompetence
  121  and irresponsibility.
  122         (3) The Department of Economic Opportunity, under the
  123  direction of Workforce Florida, Inc., shall assign staff to meet
  124  with each regional workforce board annually to review the
  125  board’s performance and to certify that the board is in
  126  compliance with applicable state and federal law.
  127         (4) In addition to the duties and functions specified by
  128  Workforce Florida, Inc., and by the interlocal agreement
  129  approved by the local county or city governing bodies, the
  130  regional workforce board shall have the following
  131  responsibilities:
  132         (a) Develop, submit, ratify, or amend the local plan
  133  pursuant to 29 U.S.C. 2833 Pub. L. No. 105-220, Title I, s. 118,
  134  and the provisions of this chapter act.
  135         (b) Conclude agreements necessary to designate the fiscal
  136  agent and administrative entity. A public or private entity,
  137  including an entity established pursuant to s. 163.01, which
  138  makes a majority of the appointments to a regional workforce
  139  board may serve as the board’s administrative entity if approved
  140  by Workforce Florida, Inc., based upon a showing that a fair and
  141  competitive process was used to select the administrative
  142  entity.
  143         (c) Complete assurances required for the charter process of
  144  Workforce Florida, Inc., and provide ongoing oversight related
  145  to administrative costs, duplicated services, career counseling,
  146  economic development, equal access, compliance and
  147  accountability, and performance outcomes.
  148         (d) Oversee the one-stop delivery system in its local area.
  149         (5) Workforce Florida, Inc., shall implement a training
  150  program for the regional workforce boards to familiarize board
  151  members with the state’s workforce development goals and
  152  strategies.
  153         (6) The regional workforce board shall designate all local
  154  service providers and may not transfer this authority to a third
  155  party. The regional workforce board may be designated as a one
  156  stop operator and direct provider of intake, assessment,
  157  eligibility determinations, or other direct provider services
  158  except training services. Such designation may occur only with
  159  the agreement of the chief elected official and the Governor as
  160  specified in 29 U.S.C. s. 2832(f)(2). Workforce Florida, Inc.,
  161  shall establish procedures by which a regional workforce board
  162  may request permission to operate under this section and the
  163  criteria under which such permission may be granted. The
  164  criteria shall include, but need not be limited to, a reduction
  165  in the cost of providing the permitted services. Such permission
  166  shall be granted for a period not to exceed 3 years for any
  167  single request submitted by the regional workforce board.
  168         (7) Regional workforce boards shall adopt a committee
  169  structure consistent with applicable federal law and state
  170  policies established by Workforce Florida, Inc.
  171         (8) The importance of minority and gender representation
  172  shall be considered when appointments are made to any committee
  173  established by the regional workforce board.
  174         (9) For purposes of procurement, regional workforce boards
  175  and their administrative entities are not state agencies and are
  176  exempt from chapters 120 and 287. The regional workforce boards
  177  shall apply the procurement and expenditure procedures required
  178  by federal law for the expenditure of federal funds. Regional
  179  workforce boards, their administrative entities, committees, and
  180  subcommittees, and other workforce units may authorize
  181  expenditures to award suitable framed certificates, pins, or
  182  other tokens of recognition for performance by units of the
  183  workforce system. Regional workforce boards; their
  184  administrative entities, committees, and subcommittees; and
  185  other workforce units may authorize expenditures for promotional
  186  items, such as t-shirts, hats, or pens printed with messages
  187  promoting Florida’s workforce system to employers, job seekers,
  188  and program participants. However, such expenditures are subject
  189  to federal regulations applicable to the expenditure of federal
  190  funds. All contracts executed by regional workforce boards must
  191  include specific performance expectations and deliverables.
  192         (10) A regional workforce board shall prepare an annual
  193  budget for the purpose of carrying out its duties under this
  194  section. The budget is subject to the approval of the chief
  195  elected local official in the area. Each regional workforce
  196  board shall submit its budget for review to Workforce Florida,
  197  Inc., within 2 weeks after approval by the chief elected local
  198  official.
  199         (11)(10) State and federal funds provided to the regional
  200  workforce boards may not be used directly or indirectly to pay
  201  for meals, food, or beverages for board members, staff, or
  202  employees of regional workforce boards, Workforce Florida, Inc.,
  203  or the Department of Economic Opportunity Agency for Workforce
  204  Innovation except as expressly authorized by state law.
  205  Preapproved, reasonable, and necessary per diem allowances and
  206  travel expenses may be reimbursed. Such reimbursement shall be
  207  at the standard travel reimbursement rates established in s.
  208  112.061 and shall be in compliance with all applicable federal
  209  and state requirements. Workforce Florida, Inc., shall develop a
  210  statewide fiscal policy applicable to the state board and all
  211  regional workforce boards, to hold both the state and regional
  212  boards strictly accountable for adherence to the policy and
  213  subject to regular and periodic monitoring by the Department of
  214  Economic Opportunity Agency for Workforce Innovation, the
  215  administrative entity for Workforce Florida, Inc. A board may
  216  not use Boards are prohibited from expending state or federal
  217  funds for entertainment costs or and recreational activities for
  218  board members and employees as these terms are defined by 2
  219  C.F.R. part 230. This subsection expires July 1, 2011.
  220         (12)(11) To increase transparency and accountability,
  221  regional workforce boards must shall comply with the
  222  requirements of this section before contracting with a member of
  223  the regional workforce board. Such contracts may shall not be
  224  executed before or without the approval of Workforce Florida,
  225  Inc. Such contracts, as well as documentation demonstrating
  226  adherence to this section as specified by Workforce Florida,
  227  Inc., must be submitted to the Department of Economic
  228  Opportunity Agency for Workforce Innovation for review and
  229  recommendation according to criteria to be determined by
  230  Workforce Florida, Inc. Contracts between relatives, as defined
  231  in s. 112.3143(1)(b), of a board member or employee of a board
  232  must be approved by a two-thirds vote of the entire board; all
  233  conflicts must be disclosed before prior to the vote; and any
  234  member who may benefit from the contract, or whose relative may
  235  benefit from the contract, must abstain from the vote and the
  236  contract must be reviewed and approved as provided in this
  237  section stated above. Contracts under $25,000 between a regional
  238  workforce board and a member of that board or between relatives,
  239  as defined in s. 112.3143(1)(b), of a board member or employees
  240  of a board are exempt from the review and recommendation process
  241  but must be approved by a two-thirds vote of the entire board
  242  and must be reported to the Department of Economic Opportunity
  243  Agency for Workforce Innovation and Workforce Florida, Inc.,
  244  within 30 days after approval. If a contract cannot be approved
  245  by Workforce Florida, Inc., a review of the decision to
  246  disapprove the contract may be requested by the regional
  247  workforce board or other parties to the disapproved contract.
  248  This subsection expires July 1, 2011.
  249         Section 3. Subsection (11) of section 445.009, Florida
  250  Statutes, is amended to read:
  251         445.009 One-stop delivery system.—
  252         (11) A participant in an adult or youth work experience
  253  activity administered under this chapter shall be deemed an
  254  employee of the state for purposes of workers’ compensation
  255  coverage. In determining the average weekly wage, all
  256  remuneration received from the employer shall be considered a
  257  gratuity, and the participant is shall not be entitled to any
  258  benefits otherwise payable under s. 440.15, regardless of
  259  whether the participant is may be receiving wages and
  260  remuneration from other employment with another employer and
  261  regardless of his or her future wage-earning capacity. This
  262  subsection expires July 1, 2012.
  263         Section 4. Workforce Florida, Inc., shall evaluate the
  264  means to establish a single, statewide workforce-system brand
  265  for this state. Workforce Florida, Inc., shall submit a report
  266  of its findings and recommendations to the Governor by August 1,
  267  2012.
  268         Section 5. This act shall take effect July 1, 2012.